C.R.S. Section 27-65-118
Right to treatment

  • rules

(1)

Intentionally left blank —Ed.

(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 27-66-101 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.

Source: Section 27-65-118 — Right to treatment - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-27.­pdf (accessed Oct. 20, 2023).

27‑65‑101
Legislative declaration 27‑65‑102
Definitions 27‑65‑103
Voluntary applications for mental health services 27‑65‑104
Voluntary applications for mental health services - treatment of minors - definition 27‑65‑105
Rights of respondents 27‑65‑106
Emergency mental health hold - screening - court-ordered evaluation - discharge instructions - respondent’s rights 27‑65‑107
Emergency transportation - application - screening - respondent’s rights 27‑65‑108
Care coordination for persons certified or in need of ongoing treatment 27‑65‑108.5
Court-ordered certification for short-term treatment for incompetent defendants in a criminal matter - contents of petition - procedure to contest petition - commitment to behavioral health administration - definition 27‑65‑109
Certification for short-term treatment - procedure 27‑65‑110
Long-term care and treatment of persons with mental health disorders - procedure 27‑65‑111
Certification on an outpatient basis - short-term and long-term care 27‑65‑112
Termination of short-term and long-term treatment - escape 27‑65‑113
Hearing procedures - jurisdiction 27‑65‑114
Appeals 27‑65‑115
Habeas corpus 27‑65‑116
Restoration of rights 27‑65‑117
Discrimination - definition 27‑65‑118
Right to treatment - rules 27‑65‑119
Rights of respondents certified for short-term treatment or long-term care and treatment 27‑65‑120
Administration or monitoring of medications to persons receiving treatment 27‑65‑121
Employment of persons in a facility - rules 27‑65‑122
Voting in public elections 27‑65‑123
Records 27‑65‑124
Request for release of information - procedures - review of a decision concerning release of information 27‑65‑125
Treatment in federal facilities 27‑65‑126
Transfer of persons into and out of Colorado - reciprocal agreements 27‑65‑127
Imposition of legal disability - deprivation of legal right - restoration - repeal 27‑65‑128
Administration - rules 27‑65‑129
Payment for counsel 27‑65‑130
Advisory board - created - service standards and rules 27‑65‑131
Data report
Green check means up to date. Up to date

Current through Fall 2024

§ 27-65-118’s source at colorado​.gov