As used in this article 81, unless the context
otherwise requires:
(1) Administrator means the administrator of an approved treatment facility
or an individual authorized in writing to act as the administrator's designee.
(1.2) Alcohol use disorder means a chronic relapsing brain disease
characterized by recurrent use of alcohol causing clinically significant impairment,
including health problems, disability, and failure to meet major responsibilities at
work, school, and home.
(2) Approved private treatment facility means a private agency meeting
the standards prescribed in section 27-81-106 (1) and approved under section 27-81-106.
(3) Approved public treatment facility means a treatment agency
operating under the direction and control of or approved by the BHA or providing
treatment pursuant to this article 81 through a contract with the BHA pursuant to
section 27-81-105 (7) and meeting the standards prescribed in section 27-81-106 (1)
and approved pursuant to section 27-81-106.
(3.3) Behavioral health administration or BHA means the behavioral
health administration established in section 27-50-102.
(3.5) Behavioral health entity has the same meaning as defined in section
27-50-101.
(3.7) Commissioner means the commissioner of the behavioral health
administration.
(4) Court means the district court in the county in which the person named
in a petition filed pursuant to this article resides or is physically present. In the city
and county of Denver, court means the probate court.
(5) Department means the department of human services created in
section 26-1-105, C.R.S.
(6) Repealed.
(6.5) Drug means a controlled substance, as defined in section 18-18-102
(5), and toxic vapors.
(6.8) Emergency medical services facility has the same meaning as set
forth in section 27-65-102.
(7) Emergency service patrol means a patrol established under section 27-81-115.
(8) Repealed.
(9) Incapacitated by alcohol means that a person, as a result of the use of
alcohol, is unconscious, has his or her judgment otherwise so impaired that he or
she is incapable of realizing and making a rational decision with respect to his or
her need for treatment, is unable to take care of his or her basic personal needs or
safety, or lacks sufficient understanding or capacity to make or communicate
rational decisions about himself or herself.
(9.2) Incapacitated by drugs means that a person, as a result of the use of
drugs, is unconscious or has judgment otherwise so impaired that the person is
incapable of realizing and making a rational decision with respect to the person's
need for treatment, is unable to take care of basic personal needs or safety, or
lacks sufficient understanding or capacity to make or communicate rational
decisions concerning himself or herself.
(9.4) Incapacitated by substances means that a person is incapacitated by
alcohol or is incapacitated by drugs.
(10) Repealed.
(11) Intoxicated person or person intoxicated by alcohol means a person
whose mental or physical functioning is temporarily but substantially impaired as a
result of the presence of alcohol in his or her body.
(12) Licensed physician means either a physician licensed by the state of
Colorado or a hospital-licensed physician employed by the admitting facility.
(13) Minor means a person under the age of eighteen years.
(13.5) Repealed.
(13.6) Person under the influence of drugs means any person whose mental
or physical functioning is temporarily but substantially impaired as a result of the
presence of drugs in the person's body.
(13.7) Public funds means money appropriated to the behavioral health
administration by the general assembly or any other governmental or private
sources for withdrawal management in approved facilities pursuant to this article
81.
(13.8) Substance use disorder means a chronic relapsing brain disease,
characterized by recurrent use of alcohol, drugs, or both, causing clinically
significant impairment, including health problems, disability, and failure to meet
major responsibilities at work, school, or home.
(13.9) Toxic vapors means a substance or product containing such
substances as defined in section 18-18-412 (3).
(14) Treatment means the broad range of emergency, outpatient,
intermediate, and inpatient services and care, including diagnostic evaluation,
medical, psychiatric, psychological, and social service care, vocational
rehabilitation, and career counseling that may be extended to a person with a
substance use disorder, a person incapacitated by substances, a person under the
influence of drugs, and a person intoxicated by alcohol.
(15) Repealed.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p.
732, � 2, effective April 29. L. 2011: (10) repealed, (HB 11-1303), ch. 264, p. 1172, � 81,
effective August 10. L. 2017: IP, (1), (3), (6), and (14) amended, (13.5) added, and (15)
repealed, (SB 17-242), ch. 263, p. 1362, � 271, effective May 25. L. 2019: (1) amended
and (3.5) and (13.7) added, (HB 19-1237), ch. 413, p. 3644, � 20, effective July 1,
2022. L. 2020: (1) and (14) amended and (1.2), (6.5), (9.2), (9.4), (13.6), (13.8), and
(13.9) added, (SB 20-007), ch. 286, p. 1392, � 12, effective July 13. L. 2021: (13.8)
amended, (SB 21-266), ch. 423, p. 2803, � 26, effective July 2. L. 2022: (3) and (13.7)
amended, (3.3) and (3.7) added, and (6), (8) and (13.5) repealed, (HB 22-1278), ch.
222, p. 1568, � 176, effective July 1; (3.5)(a) amended, (HB 22-1295), ch. 123, p. 864, �
120, effective July 1; (3.5) amended, (HB 22-1278), ch. 222, p. 1595, � 239, effective
July 1, 2024. L. 2024: (6.8) added, (HB 24-1079), ch. 199, p. 1218, � 1, effective May
17.