A Bill for an Act
Page 1, Line 101Concerning confidentiality requirements for individuals
Page 1, Line 102providing mental health support.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill prohibits a peer support team member from disclosing, without the consent of the recipient of peer support (recipient), the confidential communications made by the recipient during a peer support interaction, with specified exceptions. With respect to an exception for which disclosure is permissible, a peer support team member who discloses or does not disclose a communication with a recipient is not liable for damages in a civil action for disclosing or not disclosing the communication.
The bill expands an exception allowing specified mental health professionals to disclose confidential information when a recipient makes a threat against an individual or makes a threat that, if carried out, would result in harm to an individual.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 12-30-125 as follows:
Page 2, Line 312-30-125. Peer support team members - disclosure of
Page 2, Line 4confidential information - not regulated by division - definitions.
Page 2, Line 5(1) (a) A peer support team member shall not disclose, without
Page 2, Line 6the consent of the recipient of peer support services, the
Page 2, Line 7confidential communications that are made by the recipient
Page 2, Line 8during a peer support interaction. A recipient of peer support
Page 2, Line 9services who participates in group peer support services shall
Page 2, Line 10not disclose information that was communicated by other
Page 2, Line 11recipients of group peer support services during the course of
Page 2, Line 12group peer support services without the consent of the individual to whom the information relates.
Page 2, Line 13(b) Subsection (1)(a) of this section applies only to
Page 2, Line 14communications made during interactions in which a peer support team member is:
Page 2, Line 15(I) Acting in the individual's official capacity as a peer support team member of the peer support organization; and
Page 2, Line 16(II) Functioning within the written peer support guidelines that are in effect for the peer support organization.
Page 2, Line 17(c) Subsection (1)(a) of this section does not apply in cases in which:
Page 3, Line 1(I) A peer support team member was a witness or a party to an incident that prompted the delivery of peer support services;
Page 3, Line 2(II) A recipient of peer support services admits to
Page 3, Line 3committing a crime or provides information pertaining to the
Page 3, Line 4individual's self or others that is indicative of criminal conduct,
Page 3, Line 5including a committed crime, a plan or intention to commit a crime, or a plan or intention to conceal a crime;
Page 3, Line 6(III) In relation to a recipient of peer support services, one
Page 3, Line 7or more of the criteria described in section 13-90-107 (1)(m)(V) are met;
Page 3, Line 8(IV) A recipient of peer support services makes an
Page 3, Line 9articulable and significant threat against, or exhibits
Page 3, Line 10behaviors that in the reasonable judgment of a peer support
Page 3, Line 11team member create an articulable and significant threat
Page 3, Line 12against, the health or safety of another individual, including
Page 3, Line 13unidentified individuals belonging to an identifiable group, such
Page 3, Line 14as a group of school students, teachers, administrators, or other school personnel; or
Page 3, Line 15(V) A recipient of peer support services makes an
Page 3, Line 16articulable and significant threat involving, or exhibits
Page 3, Line 17behaviors that in the reasonable judgment of a peer support
Page 3, Line 18team member create an articulable and significant threat
Page 3, Line 19involving, the damage or destruction of private or public
Page 3, Line 20property, including a school, building, structure, or natural area.
Page 3, Line 21(d) A peer support team member who discloses information
Page 4, Line 1under subsection (1)(c) of this section shall limit the disclosure
Page 4, Line 2to the appropriate individual, school or school district personnel, and law enforcement agencies.
Page 4, Line 3(e) A peer support team member who discloses or does not
Page 4, Line 4disclose a confidential communication with a recipient of peer
Page 4, Line 5support services in accordance with subsection (1)(c) of this
Page 4, Line 6section is not liable for damages in a civil action for disclosing or not disclosing the communication.
Page 4, Line 7(2) (a) An individual engaging in group peer support
Page 4, Line 8services as a peer support team member is not subject to
Page 4, Line 9licensure, certification, registration, or other regulation by the division or the department.
Page 4, Line 10(b) An individual engaging in group peer support services
Page 4, Line 11as a peer support team member is not subject to discipline,
Page 4, Line 12enforcement, or review pursuant to part 4 of article 20 of this title 12.
Page 4, Line 13(3) As used in this section, unless the context otherwise requires:
Page 4, Line 14(a) "Group peer support services" has the meaning set forth in section 13-90-107 (1)(m)(III)(D).
Page 4, Line 15(b) "Peer support team member" means a district attorney
Page 4, Line 16or public defender peer support team member, as defined in
Page 4, Line 17section 13-90-107 (1)(m)(III)(B); an emergency medical service
Page 4, Line 18provider or rescue unit peer support team member, as defined in
Page 4, Line 19section 13-90-107 (1)(m)(III)(C); or a law enforcement or
Page 4, Line 20firefighter peer support team member, as defined in section
Page 4, Line 2113-90-107 (1)(m)(III)(E).
Page 5, Line 1SECTION 2. In Colorado Revised Statutes, 12-245-220, amend (2) introductory portion and (2)(d)(I) as follows:
Page 5, Line 212-245-220. Disclosure of confidential communications -
Page 5, Line 3definitions. (2) Subsection (1) of this section does not apply and a
personPage 5, Line 4licensee, registrant, or certificate holder may disclose confidential information when:
Page 5, Line 5(d) (I) A client, regardless of age:
Page 5, Line 6(A) Makes an articulable and significant threat against
a school orPage 5, Line 7
the occupants of a schoolPage 5, Line 8articulable and significant threat that, if carried out, would result in harm to an individual or themself; or
Page 5, Line 9(B) Exhibits behaviors that, in the reasonable judgment of the
Page 5, Line 10licensee, registrant, or certificate holder, create an articulable and
Page 5, Line 11significant threat to the health or safety of
students, teachers, administrators, or other school personnelPage 5, Line 12SECTION 3. Act subject to petition - effective date. This act
Page 5, Line 13takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 14ninety-day period after final adjournment of the general assembly; except
Page 5, Line 15that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 16of the state constitution against this act or an item, section, or part of this
Page 5, Line 17act within such period, then the act, item, section, or part will not take
Page 5, Line 18effect unless approved by the people at the general election to be held in
Page 5, Line 19November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.