C.R.S. Section 27-65-124
Request for release of information

  • procedures
  • review of a decision concerning release of information

(1)

When a family member requests the location and fact of admission of a person with a mental health disorder pursuant to section 27-65-123 (1)(g), the treating professional person or the professional person’s designee, who must be a professional person, shall decide whether to release or withhold such information. The location must be released unless the treating professional person or the professional person’s designee determines, after an interview with the person with a mental health disorder, that release of the information to a particular family member would not be in the best interests of the person with a mental health disorder. Any decision to withhold information requested pursuant to section 27-65-123 (1)(g) is subject to administrative review pursuant to this section upon request of a family member or the person with a mental health disorder. The treating facility shall make a record of the information given to a family member pursuant to this subsection (1). For the purposes of this subsection (1), an adult person having a similar relationship to a person with a mental health disorder as a spouse, lay person, parent, child, or sibling of a person with a mental health disorder may also request the location and fact of admission concerning a person with a mental health disorder.

(2)

Intentionally left blank —Ed.

(a)

When a family member requests information pursuant to section 27-65-123 (1)(h) concerning a person with a mental health disorder, the treating professional person or the professional person’s designee shall determine whether the person with a mental health disorder is capable of making a rational decision in weighing the person’s confidentiality interests and the care and treatment interests implicated by the release of information. The treating professional person or the professional person’s designee shall then determine whether the person with a mental health disorder consents or objects to the release of information. Information must be released or withheld in the following circumstances:

(I)

If the treating professional person or the professional person’s designee makes a finding that the person with a mental health disorder is capable of making a rational decision concerning the person’s interests and the person with a mental health disorder consents to the release of information, the treating professional person or the professional person’s designee shall order the release of the information unless the professional person or the professional person’s designee determines that the release would not be in the best interests of the person with a mental health disorder.

(II)

If the treating professional person or the professional person’s designee makes a finding that the person with a mental health disorder is capable of making a rational decision concerning the person’s interests and the person with a mental health disorder objects to the release of information, the treating professional person or the professional person’s designee shall not order the release of the information.

(III)

If the treating professional person or the professional person’s designee makes a finding that the person with a mental health disorder is not capable of making a rational decision concerning the person’s interests, the treating professional person or the professional person’s designee may order the release of the information if the professional person or the professional person’s designee determines that the release would be in the best interests of the person with a mental health disorder.

(IV)

Any determination as to capacity pursuant to this subsection (2)(a) must be used only for the limited purpose of this subsection (2)(a).

(b)

A decision by a treating professional person or the professional person’s designee concerning the capability of a person with a mental health disorder pursuant to subsection (2)(a)(III) of this section is subject to administrative review upon the request of the person with a mental health disorder. A decision by a treating professional person or the professional person’s designee to order the release or withholding of information pursuant to subsection (2)(a)(III) of this section is subject to administrative review upon the request of either a family member or the person with a mental health disorder.

(c)

The director of the treating facility shall make a record of any information given to a family member pursuant to subsection (2)(a) of this section and section 27-65-123 (1)(h).

(3)

When administrative review is requested pursuant to subsection (1) or (2)(b) of this section, the director of the facility providing care and treatment to the person with a mental health disorder shall cause an objective and impartial review of the decision to withhold or release information. The director of the facility shall conduct the review, if the director is a professional person. If the director is not available or if the director cannot provide an objective and impartial review, the review must be conducted by a professional person designated by the director of the facility. The review must include, but need not be limited to, an interview with the person with a mental health disorder. The facility providing care and treatment shall document the review of the decision.

(4)

If a person with a mental health disorder objects to the release or withholding of information, the person with a mental health disorder and the person’s attorney, if any, must be provided with information concerning the procedures for administrative review of a decision to release or withhold information. The person with a mental health disorder must be informed of any information proposed to be withheld or released and to whom and be given a reasonable opportunity to initiate the administrative review process before information concerning the person’s care and treatment is released.

(5)

A family member whose request for information is denied must be provided with information concerning the procedures for administrative review of a decision to release or withhold information.

(6)

A person with a mental health disorder may file a written request for review by the court of a decision made upon administrative review to release information to a family member requested pursuant to section 27-65-123 (1)(h) and proposed to be released pursuant to subsection (2) of this section. If judicial review is requested, the court shall hear the matter within ten days after the request, and the court shall give notice to the person with a mental health disorder and the person’s attorney, the treating professional person, and the person who made the decision upon administrative review of the time and place of the hearing. The hearing must be conducted in the same manner as other civil proceedings before the court.

(7)

In order to allow a person with a mental health disorder an opportunity to seek judicial review, the treating facility or the treating professional person or the professional person’s designee shall not release information requested pursuant to section 27-65-123 (1)(h) until five days after the determination upon administrative review of the director or the director’s designee is received by the person with a mental health disorder, and, once judicial review is requested, the treating facility or the treating professional person or the professional person’s designee shall not release information except by court order. However, if the person with a mental health disorder indicates an intention not to appeal a determination upon administrative review that is adverse to the person concerning the release of information, the information may be released less than five days after the determination upon review is received by the person with a mental health disorder.

(8)

This section provides for the release of information only and is not deemed to authorize the release of the written medical record without authorization by the patient or as otherwise provided by law.

(9)

For purposes of this section, the treating professional person’s designee shall be a professional person.

Source: Section 27-65-124 — Request for release of information - procedures - review of a decision concerning release of information, 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

§ 27-65-124’s source at colorado​.gov