Colorado § 27-65-118 - Right to treatment - rules.

§ 27-65-118. Right to treatment - rules.

(1) (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 27-50-301 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. A person receiving an evaluation or treatment pursuant to this article 65 must not be denied care or discharged due to an inability to pay. This subsection (1)(a) does not create 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: L. 2022: IP(2), (2)(a), and (2)(d) amended, (HB 22-1278), ch. 222, p. 1540, § 119, effective July 1; entire article amended with relocations, (HB 22-1256), ch. 451, p. 3195, § 1, effective August 10. L. 2025: (1)(a) amended, (HB 25-1326), ch. 309, p. 1612, § 7, effective August 6. L. 2026: (1)(a) amended, (SB 26-149), ch. 142, p. 752, § 18, effective May 21.

Editor's note: (1) This section is similar to former § 27-65-116 as it existed prior to 2022.

(2) Subsection IP(2) was numbered as § 27-65-116 IP(2) in HB 22-1278 (see L. 2022, p. 1540). That provision was harmonized with subsection IP(2) of this section as it appears in HB 22-1256.

(3) Subsection (2)(a) was numbered as § 27-65-116 (2)(a) in HB 22-1278 (see L. 2022, p. 1541). That provision was harmonized with subsection (2)(a) of this section as it appears in HB 22-1256.

(4) Subsection (2)(d) was numbered as § 27-65-116 (2)(d) in HB 22-1278 (see L. 2022, p. 1541). That provision was harmonized with subsection (2)(d) of this section as it appears in HB 22-1256.

ANNOTATION

Law reviews. For article, "Patients' Rights vs. Patients' Needs: The Right of the Mentally Ill to Refuse Treatment in Colorado", see 58 Den. L.J. 567 (1981). For article, "Legal But Not Fair: Legal Implications of a Mental Illness Medical Model", see 11 Colo. Law. 1234 (1982). For article, "Status Report: The 'Confidentiality Law'", see 19 Colo. Law. 441 (1990).

Annotator's note. Since § 27-65-118 is similar to § 27-65-116 as it existed prior to the 2022 amendments to this article, relevant cases construing that provision have been included in the annotations to this section.

Availability of records. Section 25-1-801 can be read consistently with subsection (1)(a) as a specific exception to a general policy of broad disclosure. Brown v. Jensen, 572 F. Supp. 193 (D. Colo. 1983).

Whether respondent is entitled to treatment in least restrictive possible environment is a matter for court, not jury, to decide under habeas corpus proceeding. People in Interest of Bailey, 745 P.2d 280 (Colo. App. 1987); People in Interest of Lees, 745 P.2d 281 (Colo. App. 1987).

Voluntary patients as well as involuntary patients are entitled to the rights granted by this section. Goebel v. State Dept. of Insts., 764 P.2d 785 (Colo. 1988); Goebel v. Colo. Dept. of Institutions, 830 P.2d 1036 (Colo. 1992).

This section applies to those who voluntarily receive mental health services and could not be voluntarily committed. Goebel v. Colo. Dept. of Institutions, 830 P.2d 1036 (Colo. 1992).

Person need not be so mentally ill as to be gravely disabled or a danger to himself or others for purposes of this section. Goebel v. Colo. Dept. of Institutions, 830 P.2d 1036 (Colo. 1992).

Person need not have been previously hospitalized to be entitled to mental health services. A person who has received either evaluation or treatment services under the Act is entitled to mental health services specified in this section. Goebel v. Colo. Dept. of Institutions, 830 P.2d 1036 (Colo. 1992).

Under the language of this section, chronically mentally ill persons who have received treatment, but who are not gravely disabled or a danger to themselves or others, have a right to treatment if they received evaluation or treatment under any provisions of this article. Goebel v. Colo. Dept. of Institutions, 830 P.2d 1036 (Colo. 1992).

A person need not have had prior hospitalization before such person is entitled to treatment under this section. Such person need only have received either evaluation or treatment services under this act to be eligible for treatment under this section. Goebel v. Colo. Dept. of Institutions, 830 P.2d 1036 (Colo. 1992).

Applied in Romero v. Schauer, 386 F. Supp. 851 (D. Colo. 1974); Goedecke v. State Dept. of Insts., 198 Colo. 407, 603 P.2d 123 (1979).