Colorado § 25.5-10-515 - Records - rules.

§ 25.5-10-515. Records - rules.

(1) Except as provided in subsection (2) of this section, all information obtained and records prepared in the course of providing any services to any person pursuant to any provision of this part 5 are confidential and privileged. The information and records may be disclosed only:

(a) In communications between qualified professionals, facility personnel, or state agencies in the provision of services or appropriate referrals;

(b) When the recipient of services designates persons to whom information or records may be released, but, if a recipient of services is a ward or conservatee and the ward's or conservatee's guardian or conservator designates, in writing, persons to whom records or information may be disclosed, the designation is valid in lieu of the designation by the recipient; except that nothing in this section compels a physician, psychologist, social worker, nurse, attorney, or other professional personnel to reveal information that has been given to the person in confidence by members of a patient's family or other informants;

(c) To the extent necessary to make claims on behalf of a recipient of aid, insurance, or medical assistance to which the recipient may be entitled;

(d) If HCPF has adopted rules for the conduct of research. The rules must include, but are not limited to, the requirement that all researchers must sign an oath of confidentiality. All identifying information concerning individual patients, including names, addresses, telephone numbers, and social security numbers, must not be disclosed for research purposes.

(e) To the courts, as necessary for the administration of this part 5;

(f) To persons authorized by an order of court after notice and opportunity for hearing to the person to whom the record or information pertains and the custodian of the record or information pursuant to the Colorado rules of civil procedure;

(g) To family members upon admission of a person with a neurocognitive disorder or intellectual and developmental disability for inpatient or residential protective placement;

(h) To family members or a lay person actively participating in the care and treatment of a person with a neurocognitive disorder or intellectual and developmental disability, regardless of the length of the participation. The information released pursuant to this subsection (1)(h) is limited to one or more of the following: The diagnosis, the prognosis, the need for hospitalization and anticipated length of stay, the discharge plan, the medication administered and side effects of the medication, and the short-term and long-term treatment goals.

(i) In accordance with state and federal law, to the agency designated pursuant to the federal "Protection and Advocacy for Individuals with Mental Illness Act", 42 U.S.C. sec. 10801 et seq., as the governor's protection and advocacy system for Colorado.

(2) Subsection (1)(g) or (1)(h) of this section does not preclude the release of information to a parent concerning the parent's minor child.

(3) (a) This part 5 does not render any information privileged or confidential, except written medical records and information that is privileged pursuant to section 13-90-107, concerning observed behavior that constitutes a criminal offense committed upon the premises of any facility providing services pursuant to this part 5 or any criminal offense committed against any person while performing or receiving services pursuant to this part 5.

(b) Subsection (1) of this section does not apply to physicians or psychologists eligible to testify concerning a criminal defendant's mental condition pursuant to section 16-8-103.6.

(c) This section does not prohibit the limited disclosure of necessary information to the prosecuting attorney and criminal defense counsel if a criminal case is still pending against the person.

(4) (a) Court records in proceedings brought pursuant to this part 5 must be maintained separately by the clerk of the several courts, and the case number and proceedings must not be made public or released, except as provided in this section.

(b) Upon the termination of a protective placement pursuant to section 25.5-10-506 or the termination of an enhanced protective placement pursuant to section 25.5-10-508, the clerk of the court shall immediately seal the record in the case and omit the respondent's name from the index of cases in the court until and unless the respondent becomes subject to an order or long-term protective placement pursuant to section 25.5-10-504 and unless the court orders the records opened for good cause shown. In the event a petition is filed pursuant to section 25.5-10-504 or 25.5-10-507, the record may be opened and become part of the record in the long-term protective placement case and the name of the respondent indexed.

(c) Notwithstanding subsection (4)(b) of this section, while a matter is pending or after a case is sealed, the court may disclose the existence of the proceeding, the case number, and court records to the respondent or any attorney representing the respondent in any proceeding or matter with a release signed by the respondent or pursuant to a court order. When a court order specifically authorizing disclosure or a valid release for a record is presented to the clerk of the court, the clerk of the court shall acknowledge the existence of the case and provide the case number and records to the respondent or authorized requestor possessing a court order or a release.

(5) If a certified peace officer initiates or participates in the initiation of an emergency mental health hold, the court, county attorney, or district attorney conducting any subsequent proceedings pursuant to this part 5 and the provider who conducts an evaluation or provides care may, without court authorization, provide the certified peace officer's agency with the following limited information, if available:

(a) Whether or not a professional person found the respondent met the criteria for short-term protective placement pursuant to section 25.5-10-503;

(b) Whether the respondent was released or remains in inpatient care and whether further care is being provided to the respondent; and

(c) Whether or not further proceedings were initiated for short-term protective placement.

(6) Sealing records by the court does not prevent a party to related criminal cases, a party to a proceeding brought pursuant to this part 5, HCPF, the BHA, the department of human services, a professional person, or an intervening professional with lawful possession of records from maintaining and using the records, unless prohibited by law.

(7) A party to related criminal cases, a party to a proceeding brought pursuant to this part 5, HCPF, the BHA, the department of human services, a professional person, or an intervening professional may seek to unseal case records for good cause, which includes the need to use the records in other criminal proceedings involving competency pursuant to article 8.5 of title 16 or proceedings brought pursuant to this part 5.

(8) The district attorney may provide information to a victim when necessary to comply with the "Victim Rights Act", part 3 of article 4.1 of title 24.

Source: L. 2026: Entire part added, (SB 26-149), ch. 142, p. 783, § 22, effective May 21.