(1)Except as provided in subsection (2) of this section,
all information obtained and records prepared in the course of providing any
services to any person pursuant to any provision of this article 65 are confidential
and privileged matter. The information and records may be disclosed only:
(a)In communications between qualified professionals, facility personnel, or
state agencies in the provision of services or appropriate referrals;
(b)When the recipient of services designates persons to whom information
or records may be released; but, if a recipient of services is a ward or conservatee
and the ward's or conservatee's guardian or conservator designates, in writing,
persons to whom records or information may be disclosed, the designation is valid
in lieu of the designation
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(1) Except as provided in subsection (2) of this section,
all information obtained and records prepared in the course of providing any
services to any person pursuant to any provision of this article 65 are confidential
and privileged matter. The information and records may be disclosed only:
(a) In communications between qualified professionals, facility personnel, or
state agencies in the provision of services or appropriate referrals;
(b) When the recipient of services designates persons to whom information
or records may be released; but, if a recipient of services is a ward or conservatee
and the ward's or conservatee's guardian or conservator designates, in writing,
persons to whom records or information may be disclosed, the designation is valid
in lieu of the designation by the recipient; except that nothing in this section
compels a physician, psychologist, social worker, nurse, attorney, or other
professional personnel to reveal information that has been given to the person in
confidence by members of a patient's family or other informants;
(c) To the extent necessary to make claims on behalf of a recipient of aid,
insurance, or medical assistance to which the recipient may be entitled;
(d) If the BHA has promulgated rules for the conduct of research. Such rules
must include, but are not limited to, the requirement that all researchers must sign
an oath of confidentiality. All identifying information concerning individual patients,
including names, addresses, telephone numbers, and social security numbers, must
not be disclosed for research purposes.
(e) To the courts, as necessary for the administration of this article 65;
(f) To persons authorized by an order of court after notice and opportunity
for hearing to the person to whom the record or information pertains and the
custodian of the record or information pursuant to the Colorado rules of civil
procedure;
(g) To family members upon admission of a person with a mental health
disorder for inpatient or residential care and treatment. The only information that
may be released pursuant to this subsection (1)(g) is the location and fact of
admission of the person with a mental health disorder who is receiving care and
treatment. The disclosure of location is governed by the procedures in section 27-65-124 and is subject to review pursuant to section 27-65-124.
(h) To family members or a lay person actively participating in the care and
treatment of a person with a mental health disorder, regardless of the length of the
participation. The information released pursuant to this subsection (1)(h) is limited
to one or more of the following: The diagnosis, the prognosis, the need for
hospitalization and anticipated length of stay, the discharge plan, the medication
administered and side effects of the medication, and the short-term and long-term
treatment goals. The disclosure is governed by the procedures in section 27-65-124
(2) and is subject to review pursuant to section 27-65-124.
(i) In accordance with state and federal law to the agency designated
pursuant to the federal Protection and Advocacy for Individuals with Mental Illness
Act, 42 U.S.C. sec. 10801 et seq., as the governor's protection and advocacy system
for Colorado.
(2) Nothing in subsection (1)(g) or (1)(h) of this section precludes the release
of information to a parent concerning the parent's minor child.
(3) (a) Nothing in this article 65 renders privileged or confidential any
information, except written medical records and information that is privileged
pursuant to section 13-90-107, concerning observed behavior that constitutes a
criminal offense committed upon the premises of any facility providing services
pursuant to this article 65 or any criminal offense committed against any person
while performing or receiving services pursuant to this article 65.
(b) Subsection (1) of this section does not apply to physicians or
psychologists eligible to testify concerning a criminal defendant's mental condition
pursuant to section 16-8-103.6.
(4) (a) All facilities shall maintain and retain permanent records, including all
applications as required pursuant to section 27-65-106 (3).
(b) Outpatient or ambulatory care facilities shall retain all records for a
minimum of seven years after discharge from the facility for persons who were
eighteen years of age or older when admitted to the facility, or until twenty-five
years of age for persons who were under eighteen years of age when admitted to
the facility.
(c) Inpatient or hospital care facilities shall retain all records for a minimum
of ten years after discharge from the facility for persons who were eighteen years
of age or older when admitted to the facility, or until twenty-eight years of age for
persons who were under eighteen years of age when admitted to the facility.
(5) Nothing in this section prohibits or limits the sharing of information by a
state institution of higher education police department to authorized university
administrators pursuant to section 23-5-141.
(6) Nothing in this section prohibits the limited disclosure of necessary
information to the prosecuting attorney and criminal defense counsel if a criminal
case is still pending against the person.