§ 27-65-118 — Right to treatment - rules

Colorado § 27-65-118

• Jurisdiction: Colorado
• Title 27: Behavioral
• Art.: Care and Treatment of Persons

Text

(1) (a) Any person receiving an
evaluation or treatment pursuant to this article 65 is entitled to medical and
psychiatric care and treatment, with regard to services listed in section 27-50-301
and services listed in rules authorized by section 27-66-102, suited to meet the
person's individual needs, delivered in such a way as to keep the person in the least
restrictive environment, and delivered in such a way as to include the opportunity
for participation of family members in the person's program of care and treatment,
when appropriate. Nothing in this subsection (1)(a) creates any right with respect to
any person other than the person receiving an evaluation, care, or treatment. The
professional person and the agency or facility providing an evaluation, care, or
treatment shall keep records detailing all care and treatment received by the
person, and the records must be made available, upon the person's written
authorization, to the person's attorney or the person's personal physician. The
records are permanent records and must be retained in accordance with section 27-65-123 (4).

(b) Any person receiving an evaluation or treatment pursuant to this article
65 may petition the court pursuant to section 13-45-102, for release to a less
restrictive setting within or without a treating facility or release from a treating
facility when adequate medical and psychiatric care and treatment are not
administered.

(2) The BHA shall promulgate rules to assure that each agency or facility
providing an evaluation, care, or treatment requires the following:

(a) Consent for specific therapies and major medical treatment in the nature
of surgery. The nature of the consent, by whom it is given, and under what
conditions, is determined by rules of the BHA.

(b) The order of a physician for any treatment or specific therapy based on
appropriate medical examinations;

(c) Notation in the patient's treatment record of periodic examinations,
evaluations, orders for treatment, and specific therapies, signed by personnel
involved;

(d) Conduct according to the guidelines contained in the regulations of the
federal government and the rules of the BHA with regard to clinical investigations,
research, experimentation, and testing of any kind; and

(e) Documentation of the findings, conclusions, and decisions in any
administrative review of a decision to release or withhold the information requested
by a family member or lay person pursuant to section 27-65-123 (1)(g) or (1)(h) and
documentation of any information given to a family member or lay person.

Legislative History

Source: L. 2022: IP(2), (2)(a), and (2)(d) amended, (HB 22-1278), ch. 222, p. 1540, � 119, effective July 1; entire article amended with relocations, (HB 22-1256), ch. 451, p. 3195, � 1, effective August 10. L. 2025: (1)(a) amended, (HB 25-1326), ch. 309, p. 1612, � 7, effective August 6.