Colorado § 25-20.5-2306 - Confidentiality - closed meetings - records not open to inspection - civil liability.

§ 25-20.5-2306. Confidentiality - closed meetings - records not open to inspection - civil liability.

(1) Local team meetings in which confidential information is discussed are exempt from the open meetings provisions of the "Colorado Sunshine Act of 1972", part 4 of article 6 of title 24, and must be closed to the public.

(2) (a) Upon request of a local team, a person who is not a member of a local team may attend and participate in a meeting at which a local team reviews confidential information and considers a plan, an intervention, or other course of conduct based on that review.

(b) A local team member and any nonmember in attendance at a local team meeting shall sign a confidentiality form and review the purpose and goal of the local team before the person may participate in the review of confidential information. The confidentiality form must set out the requirements for maintaining the confidentiality of any information disclosed during the meeting and any penalties associated with failure to maintain confidentiality.

(3) Information and records acquired by a local team are confidential and are not subject to subpoena, discovery, or introduction into evidence in a civil or criminal proceeding or disciplinary action. Information and records that are otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because the information or record was presented to or reviewed by a local team.

(4) Information and records acquired or created by a local team are not subject to inspection pursuant to the "Colorado Open Records Act", part 2 of article 72 of title 24.

(5) Substance use disorder treatment records requested or provided to the local team are subject to any additional limitations on redisclosure of a medical record developed in connection with the provisions of substance use disorder treatment services pursuant to applicable state or federal law, including a state law listed in section 25-1-1202, 42 U.S.C. sec. 290dd-2, and 42 CFR 2.

(6) Local team members and a person who presents or provides information to a local team may not be questioned in any civil or criminal proceeding or disciplinary action regarding the information presented or provided. This subsection (6) does not prevent a person from testifying regarding information obtained independently of the local team or testifying as to public information.

(7) A local team and any nonmember participating in an overdose fatality review shall maintain the confidentiality of information provided to the local team as required by state and federal law. A member of a local team or a participating nonmember who shares confidential information in violation of this section is immune from civil and criminal liability if the person acted in good faith compliance with the provisions of this part 23.

(8) A person who knowingly violates the confidentiality provisions of this part 23 is subject to a civil penalty of up to one thousand dollars.

(9) This section does not prohibit a local team from requesting the attendance at a team meeting of a person who has information relevant to the team's exercise of its purpose and duties.

Source: L. 2024: Entire part added, (SB 24-047), ch. 440, p. 3080, § 7, effective June 6.