C.R.S. Section 12-245-220
Disclosure of confidential communications

  • definitions

(1)

A licensee, registrant, or certificate holder shall not disclose, without the consent of the client, any confidential communications made by the client, or advice given to the client, in the course of professional employment. A licensee’s, registrant’s, or certificate holder’s employee or associate, whether clerical or professional, shall not disclose any knowledge of the communications acquired in that capacity. Any person who has participated in any therapy conducted under the supervision of a licensee, registrant, or certificate holder, including group therapy sessions, shall not disclose any knowledge gained during the course of the therapy without the consent of the person to whom the knowledge relates.

(2)

Subsection (1) of this section does not apply and a person may disclose confidential information when:

(a)

A client, or the heirs, executors, or administrators of a client, file suit or a complaint against a licensee, registrant, or certificate holder on any cause of action arising out of or connected with the care or treatment of the client by the licensee, registrant, or certificate holder;

(b)

A licensee, registrant, or certificate holder was in consultation with a physician, registered professional nurse, certified midwife, licensee, registrant, or certificate holder against whom a suit or complaint was filed based on the case out of which the suit or complaint arises;

(c)

A review of services of a licensee, registrant, or certificate holder is conducted by any of the following:

(I)

A board or a person or group authorized by the board to make an investigation on its behalf;

(II)

The governing board of a hospital licensed pursuant to part 1 of article 3 of title 25, where the licensee, registrant, or certificate holder practices or the medical staff of the hospital if the medical staff operates pursuant to written bylaws approved by the governing board of the hospital; or

(III)

A professional review committee established pursuant to section 12-245-212 (1) if the person has signed a release authorizing the review;

(d)

Intentionally left blank —Ed.

(I)

A client, regardless of age:

(A)

Makes an articulable and significant threat against a school or the occupants of a school; or

(B)

Exhibits behaviors that, in the reasonable judgment of the licensee, registrant, or certificate holder, create an articulable and significant threat to the health or safety of students, teachers, administrators, or other school personnel.

(II)

A licensee, registrant, or certificate holder who discloses information under this subsection (2)(d) shall limit the disclosure to appropriate school or school district personnel and law enforcement agencies. School or school district personnel to whom the information is disclosed shall maintain confidentiality of the disclosed information, regardless of whether the information constitutes an education record subject to FERPA, consistent with the requirements of FERPA and regulations and applicable guidelines adopted under FERPA, but may disclose information in accordance with section 1232g (b)(1) of FERPA and 34 CFR 99.36 if necessary to protect the health or safety of students or other persons.

(III)

A licensee, registrant, or certificate holder who discloses or fails to disclose a confidential communication with a client in accordance with this subsection (2)(d) is not liable for damages in any civil action for disclosing or not disclosing the communication. This subsection (2)(d)(III) does not rescind any statutory duty to warn and protect specified in, and does not eliminate any potential civil liability for failure to comply with, section 13-21-117.

(IV)

Intentionally left blank —Ed.

(A)

This subsection (2)(d) does not apply to an education record that, under FERPA, is exempt from the HIPAA privacy rule.

(B)

This subsection (2)(d) applies to covered entities, as defined in HIPAA.

(V)

As used in this subsection (2)(d):

(A)

“Articulable and significant threat” means a threat to the health or safety of a person that, based on the totality of the circumstances, can be explained or articulated and that constitutes a threat of substantial bodily harm to a person.

(B)

“FERPA” means the federal “Family Educational Rights and Privacy Act of 1974”, 20 U.S.C. sec. 1232g, as amended.

(C)

“HIPAA” means the federal “Health Insurance Portability and Accountability Act of 1996”, as amended, Pub.L. 104-191.

(D)

“School” means a public or private preschool; elementary, middle, junior high, or high school; or institution of postsecondary education described in title 23, including the Auraria higher education center created in article 70 of title 23.

(3)

The records and information produced and used in the review provided for in subsection (2)(c) of this section do not become public records solely by virtue of the use of the records and information. The identity of a client whose records are reviewed shall not be disclosed to any person not directly involved in the review process, and procedures shall be adopted by a board, hospital, association, or society to ensure that the identity of the client is concealed during the review process itself and to comply with section 12-245-226 (4).

(4)

Subsection (1) of this section shall not apply to any delinquency or criminal proceeding, except as provided in section 13-90-107 regarding any delinquency or criminal proceeding involving a licensed psychologist.

(5)

Nothing in this section shall be deemed to prohibit any other disclosures required by law.

(6)

Repealed.

Source: Section 12-245-220 — Disclosure of confidential communications - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12–245–101
Legislative declaration
12–245–201
Applicability of common provisions
12–245–202
Definitions
12–245–203
Practice outside of or beyond professional training, experience, or competence - general scope of practice for licensure, registration, or certification
12–245–203.5
Minors - consent for outpatient psychotherapy services - immunity - definition
12–245–204
Boards - division to supervise - meetings - duties - powers - rules - removal of members - limitation on authority
12–245–205
Fees - renewal
12–245–206
Records
12–245–207
Licensure by endorsement
12–245–208
Provisional license - fees
12–245–209
License - issuance
12–245–210
Prohibition against prescribing drugs or practicing medicine - exception for opiate antagonist
12–245–211
Collaborate with physician
12–245–212
Professional review committees - immunity
12–245–213
Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling - definitions
12–245–214
Denial of license, registration, or certification - reinstatement
12–245–215
Legislative intent - schools and colleges - examinations
12–245–216
Mandatory disclosure of information to clients
12–245–217
Scope of article - exemptions
12–245–218
Title use restrictions
12–245–219
Judicial review of final board actions and orders
12–245–220
Disclosure of confidential communications - definitions
12–245–221
Article not to restrict other professions
12–245–222
Powers and duties of the boards - rules
12–245–223
Confidential agreement to limit practice
12–245–224
Prohibited activities - related provisions - definition
12–245–225
Authority of boards - cease-and-desist orders - rules - fines
12–245–226
Disciplinary proceedings - judicial review - mental and physical examinations - multiple licenses
12–245–227
Reconsideration and review of action of a board
12–245–228
Unauthorized practice - penalties
12–245–229
Licensee duties relating to assistance animals - definitions
12–245–230
Injunctive proceedings
12–245–231
Mental health professional peer health assistance program - fees - administration - rules - definition
12–245–232
Minimum standards for testing
12–245–233
Auricular acudetox by professionals - training - definition
12–245–234
Repeal of article - subject to review
12–245–301
Definitions
12–245–302
State board of psychologist examiners - created - members - terms
12–245–303
Practice of psychology defined
12–245–304
Qualifications - examinations - licensure and registration
12–245–305
Rights and privileges of licensure - title
12–245–306
Exemptions
12–245–307
Continuing professional development - rules
12–245–308
Psychology interjurisdictional compact act - powers and duties of the board - rules - definition
12–245–309
Prescription authority - psychotropic drugs - prescription certificates - requirements - issuance, denial, renewal, and revocation of certification - rules
12–245–401
Definitions
12–245–402
State board of social work examiners - created - members - terms
12–245–403
Social work practice defined
12–245–404
Qualifications - examination - licensure and registration
12–245–405
Rights and privileges of licensure and a social work degree - titles
12–245–406
Scope of part
12–245–407
Exemptions
12–245–408
Clinical social work practice of psychotherapy
12–245–409
Employees of social services
12–245–410
Continuing professional competency - rules - definition
12–245–501
Definitions
12–245–502
State board of marriage and family therapist examiners - created - members - terms
12–245–503
Marriage and family therapy practice defined
12–245–504
Qualifications - examination - licensure and registration
12–245–505
Rights and privileges of licensure and registration - title
12–245–506
Continuing professional competency - rules - definition
12–245–601
Definitions
12–245–602
State board of licensed professional counselor examiners - created - members - fines
12–245–603
Practice of licensed professional counseling defined
12–245–604
Licensure - examination - licensed professional counselors
12–245–605
Rights and privileges of licensure - title
12–245–606
Continuing professional competency - rules - definition
12–245–607
Interstate compact - powers and duties of the board - rules - definitions
12–245–701
Definitions
12–245–702
State board of unlicensed psychotherapists - creation - membership
12–245–703
Database of unlicensed psychotherapists - unauthorized practice - penalties - data collection - rules
12–245–704
Expenses of the board
12–245–705
Jurisdiction
12–245–801
Definitions
12–245–802
State board of addiction counselor examiners - created - members - terms
12–245–803
Practice of addiction counseling defined - scope of practice
12–245–804
Requirements for licensure, certification, and registration - rules
12–245–805
Rights and privileges of certification and licensure - titles
12–245–806
Continuing professional competency - rules - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 12-245-220’s source at colorado​.gov