A Bill for an Act
Page 1, Line 101Concerning requiring parental consent before a minor may
Page 1, Line 102obtain medical services.
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 an individual, corporation, association, organization, state-supported institution, or individual employed by any of these entities from procuring, soliciting to perform, arranging for the performance of, or performing a surgical procedure, or providing other medical or mental health services to a minor without written or verbal consent from the minor's parent. Parental consent is not required if the minor is in the custody of a county department of human or social services or the division of youth services, in a medical emergency situation, or there is a valid court order directing the provision of the medical service.
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 19-1-132 as follows:
Page 2, Line 319-1-132. Parental rights related to health care of a minor
Page 2, Line 4child - exceptions - definitions. (1) As used in this section, unless the context otherwise requires:
Page 2, Line 5(a) "Medical emergency" means an acute injury, illness, or
Page 2, Line 6exposure that poses an immediate risk to a person's life or
Page 2, Line 7long-term health, such that the absence of immediate medical
Page 2, Line 8attention could reasonably be expected to result in placing the
Page 2, Line 9person's health in serious jeopardy, including a serious
Page 2, Line 10impairment to bodily function or a serious dysfunction of any bodily organ or part.
Page 2, Line 11(b) "Medical or mental health service" means the
Page 2, Line 12treatment of a physical illness, mental health illness, or
Page 2, Line 13behavioral disorder that is required to be performed by a licensed medical professional.
Page 2, Line 14(c) "Minor child" means a person seventeen years of age or younger.
Page 2, Line 15(d) "Parent" means the natural parent, adoptive parent, or legal guardian who has legal custody of a child.
Page 2, Line 16(2) An individual, corporation, association, organization,
Page 2, Line 17state-supported institution, or individual employed by any of
Page 3, Line 1these entities shall not provide, procure, solicit to perform, or
Page 3, Line 2arrange for the performance of, or perform, a surgical
Page 3, Line 3procedure upon, or render any other medical or mental health
Page 3, Line 4service to, a minor child without first obtaining written or verbal consent from the minor's parent.
Page 3, Line 5(3) Notwithstanding subsection (2) of this section, parental consent is not required if:
Page 3, Line 6(a) An individual, corporation, association, organization,
Page 3, Line 7state-supported institution, or individual employed by any of
Page 3, Line 8these entities certifies in good faith that a medical emergency
Page 3, Line 9existed at the time of diagnosis, treatment, or medical
Page 3, Line 10intervention and there was insufficient time to obtain parental
Page 3, Line 11consent or that, at the time of the minor child's diagnosis,
Page 3, Line 12treatment, or intervention, the minor's parent's medical condition was such that consent could not be obtained;
Page 3, Line 13(b) A minor is in the custody of a county department of
Page 3, Line 14human or social services or the division of youth services in the department of human services created in section 19-2.5-1501; or
Page 3, Line 15(c) A valid court order directs medical treatment, diagnosis, or intervention.
Page 3, Line 16SECTION 2. In Colorado Revised Statutes, 12-245-216, amend (2) as follows:
Page 3, Line 1712-245-216. Mandatory disclosure of information to clients.
Page 3, Line 18(2)
If the client is a minor who is consenting to mental health servicesPage 3, Line 19
pursuant to section 27-65-104, disclosure must be made to the minor. IfPage 3, Line 20the client is a minor whose parent or legal guardian is consenting to
Page 3, Line 21mental health services, disclosure must be made to the minor's parent or legal guardian.
Page 4, Line 1SECTION 3. In Colorado Revised Statutes, 13-22-103, amend (1) as follows:
Page 4, Line 213-22-103. Minors - consent for medical, dental, and related
Page 4, Line 3care. (1) Except as otherwise provided in sections 15-19-204 and
Page 4, Line 418-1.3-407 (4.5),
and 25-4-409, a minor eighteen years of age or older, orPage 4, Line 5a minor fifteen years of age or older who is living separate and apart from
Page 4, Line 6
his or her the minor's parent, parents, or legal guardian, with or withoutPage 4, Line 7the consent of
his or her the minor's parent, parents, or legal guardian,Page 4, Line 8and is managing
his or her the minor's own financial affairs, regardlessPage 4, Line 9of the source of
his or her income, or any minor who has contracted aPage 4, Line 10lawful marriage may give consent to organ or tissue donation or the
Page 4, Line 11furnishing of hospital, medical, dental, emergency health, and surgical
Page 4, Line 12care to
himself or herself the minor's self. Such consent is not subjectPage 4, Line 13to disaffirmance because of minority, and, when such consent is given,
Page 4, Line 14the minor has the same rights, powers, and obligations as if
he or she thePage 4, Line 15minor's had obtained majority. Consent to organ or tissue donation may be revoked pursuant to section 15-19-206.
Page 4, Line 16SECTION 4. In Colorado Revised Statutes, 19-1-115, amend (8)(a) as follows:
Page 4, Line 1719-1-115. Legal custody - guardianship - placement out of the
Page 4, Line 18home - petition for review for need of placement - rules.
Page 4, Line 19(8) (a) Whenever it appears necessary that the placement of a child out
Page 4, Line 20of the home will be for longer than ninety days, the placement is
Page 4, Line 21voluntary and not court-ordered, and the placement involves the direct
Page 4, Line 22expenditure of funds appropriated by the general assembly to the
Page 4, Line 23department of human services, a petition for review of need for placement
Page 5, Line 1
shall must be filed by the department or agency with which the childhasPage 5, Line 2
been is placed before the expiration of ninety days in the placement. APage 5, Line 3decree providing for voluntary placement of a child with an agency in
Page 5, Line 4which public money is expended must be renewable in circumstances
Page 5, Line 5when there is documentation that the child has an emotional, a physical,
Page 5, Line 6or an intellectual disability that necessitates care and treatment for a
Page 5, Line 7longer duration than ninety days as provided pursuant to this subsection
Page 5, Line 8(8)(a). The court shall not transfer or require relinquishment of legal
Page 5, Line 9custody of, or otherwise terminate the parental rights with respect to, a
Page 5, Line 10child who has an emotional, a physical, or an intellectual disability and
Page 5, Line 11who was voluntarily placed out of the home for the purposes of obtaining
Page 5, Line 12special treatment or care solely because the parent or legal guardian is
Page 5, Line 13unable to provide the treatment or care.
Whenever a child fifteen years ofPage 5, Line 14
age or older consents to placement in a mental health facility pursuant toPage 5, Line 15
section 27-65-104, the review pursuant to section 27-65-104 (4) must bePage 5, Line 16
conducted in lieu of and must fulfill the requirements for review under this subsection (8)(a).Page 5, Line 17SECTION 5. In Colorado Revised Statutes, 22-32-109, amend (1)(ee) as follows:
Page 5, Line 1822-32-109. Board of education - specific duties - definitions.
Page 5, Line 19(1) In addition to any other duty required to be performed by law, each board of education has the following specific duties:
Page 5, Line 20(ee) To adopt a policy to prohibit school personnel from
Page 5, Line 21recommending or requiring the use of a psychotropic drug for
any aPage 5, Line 22student. School personnel shall not test or require a test for a child's
Page 5, Line 23behavior without prior written permission from the
parents or guardiansPage 5, Line 24
or the child parent or legal guardian of the child and prior writtenPage 6, Line 1disclosure as to the disposition of the results or the testing.
therefrom.Page 6, Line 2
Through such policy, school personnel should be encouraged The policyPage 6, Line 3must encourage school personnel to discuss concerns about a child's
Page 6, Line 4behavior with the parent or legal guardian of
such the child, andsuchPage 6, Line 5those discussions may include a suggestion by school personnel that the
Page 6, Line 6parent or legal guardian of the child speak with an appropriate health-care professional.
Page 6, Line 7SECTION 6. In Colorado Revised Statutes, 25-1-801, repeal (1)(d) as follows:
Page 6, Line 825-1-801. Patient records in custody of health-care facility -
Page 6, Line 9definitions. (1) (d)
Nothing in this section requires a person responsiblePage 6, Line 10
for the diagnosis or treatment of sexually transmitted infections, aPage 6, Line 11
substance use disorder, or the use of drugs in the case of minors pursuantPage 6, Line 12
to sections 13-22-102 and 25-4-409 to release patient records of suchPage 6, Line 13
diagnosis or treatment to a parent, guardian, or person other than the minor or his or her designated representative.Page 6, Line 14SECTION 7. In Colorado Revised Statutes, 25-1-802, repeal (2) as follows:
Page 6, Line 1525-1-802. Patient records in custody of individual health-care
Page 6, Line 16providers. (2)
Nothing in this section requires a person responsible forPage 6, Line 17
the diagnosis or treatment of sexually transmitted infections, substancePage 6, Line 18
use disorders, or the use of drugs in the case of minors pursuant toPage 6, Line 19
sections 13-22-102 and 25-4-409 to release patient records of suchPage 6, Line 20
diagnosis or treatment to a parent, guardian, or person other than the minor or his or her designated representative.Page 6, Line 21SECTION 8. In Colorado Revised Statutes, 25-1-1202, amend
Page 6, Line 22(1)(aaa) as follows:
Page 7, Line 125-1-1202. Index of statutory sections regarding medical
Page 7, Line 2record confidentiality and health information. (1) Statutory provisions
Page 7, Line 3concerning policies, procedures, and references to the release, sharing, and use of medical records and health information include the following:
Page 7, Line 4(aaa)
Sections 25-4-406 and 25-4-409 Section 25-4-406, concerning the reporting of sexually transmitted infections;Page 7, Line 5SECTION 9. In Colorado Revised Statutes, 27-60-104, amend (3.5) as follows:
Page 7, Line 627-60-104. Behavioral health crisis response system - crisis
Page 7, Line 7service facilities - walk-in centers - mobile response units - report.
Page 7, Line 8(3.5) Mobile crisis programs and crisis walk-in centers shall provide
Page 7, Line 9crisis response screening services to
any an individual seeking suchPage 7, Line 10services, including youth of any age, with consent from the youth's
Page 7, Line 11parent or legal guardian, and an individual with a disability, as
Page 7, Line 12defined in the federal "Americans with Disabilities Act of 1990", 42
Page 7, Line 13U.S.C. sec. 12101 et seq., as amended, regardless of primary diagnosis,
Page 7, Line 14co-occurring conditions, or if the individual requires assistance with
Page 7, Line 15activities of daily living, as defined in section 12-270-104. All additional
Page 7, Line 16or corresponding behavioral health services beyond the crisis response
Page 7, Line 17screening must be provided in accordance with all applicable state laws,
Page 7, Line 18including, but not limited to, sections
12-245-203.5, 13-22-102, 27-65-103 and 27-65-104.Page 7, Line 19SECTION 10. In Colorado Revised Statutes, 27-60-109, add (2)(d) as follows:
Page 7, Line 2027-60-109. Youth mental health services program - established
Page 7, Line 21- report - rules - definitions - repeal. (2) (d) A provider shall not
Page 7, Line 22provide mental health services pursuant to this section to a
Page 8, Line 1youth without prior consent from the youth's parent or legal guardian.
Page 8, Line 2SECTION 11. In Colorado Revised Statutes, 27-65-104, amend
Page 8, Line 3(1), (2) introductory portion, (4)(a), (4)(b), (4)(d), (4)(e), and (6); and repeal (3) as follows:
Page 8, Line 427-65-104. Voluntary applications for mental health services
Page 8, Line 5- treatment of minors. (1) Notwithstanding any other provision of law,
Page 8, Line 6a minor,
who is fifteen years of age or older, whether with or without thePage 8, Line 7
consent of a parent or legal guardian, may consent to upon consent ofPage 8, Line 8the minor's parent or legal guardian, may receive mental health
Page 8, Line 9services
to be rendered by a facility, a professional person, or mentalPage 8, Line 10health professional licensed pursuant to part 3, 4, 5, 6, or 8 of article 245
Page 8, Line 11of title 12 in any practice setting.
Such consent is not subject toPage 8, Line 12
disaffirmance because of minority. The professional person or licensedPage 8, Line 13
mental health professional rendering mental health services to a minorPage 8, Line 14
may, with or without the consent of the minor, advise the minor's parent or legal guardian of the services given or needed.Page 8, Line 15(2) A
minor who is fifteen years of age or older or a minor'sPage 8, Line 16parent or legal guardian, on the minor's behalf, may make a voluntary
Page 8, Line 17application for hospitalization of the minor. An application for
Page 8, Line 18hospitalization on behalf of a minor
who is under fifteen years of age andPage 8, Line 19who is a ward of the department must not be made unless a guardian ad
Page 8, Line 20litem has been appointed for the minor or a petition for the same has been
Page 8, Line 21filed with the court by the agency having custody of the minor; except
Page 8, Line 22that
such an application for hospitalization may be made under emergencyPage 8, Line 23circumstances requiring immediate hospitalization, in which case the
Page 8, Line 24agency shall file a petition for appointment of a guardian ad litem within
Page 9, Line 1seventy-two hours after application for admission is made, and the court
Page 9, Line 2shall immediately appoint a guardian ad litem. Procedures for
Page 9, Line 3hospitalization of a minor may proceed pursuant to this section once a
Page 9, Line 4petition for appointment of a guardian ad litem has been filed, if
Page 9, Line 5necessary. Whenever an application for hospitalization is made, an
Page 9, Line 6independent professional person
shall must interview the minor andPage 9, Line 7conduct a careful investigation into the minor's background, using all
Page 9, Line 8available sources, including, but not limited to, the minor's parents or
Page 9, Line 9legal guardian, the minor's school, and any other social service agencies.
Page 9, Line 10Prior to admitting a minor for hospitalization, the independent professional person
shall must make the following findings:Page 9, Line 11(3)
An interview and investigation by an independent professionalPage 9, Line 12
person is not required for a minor who is fifteen years of age or older andPage 9, Line 13
who, upon the recommendation of the minor's treating professionalPage 9, Line 14
person, seeks voluntary hospitalization with the consent of the minor'sPage 9, Line 15
parent or legal guardian. In order to assure that the minor's consent toPage 9, Line 16
such hospitalization is voluntary, the minor shall be advised, at or beforePage 9, Line 17
the time of admission, of the minor's right to refuse to sign the admissionPage 9, Line 18
consent form and the minor's right to revoke the minor's consent at a laterPage 9, Line 19
date. If a minor admitted pursuant to this subsection (3) subsequentlyPage 9, Line 20
revokes the minor's consent after admission, a review of the minor's needPage 9, Line 21
for hospitalization pursuant to subsection (4) of this section must be initiated immediately.Page 9, Line 22(4) (a) The need for continuing hospitalization of all voluntary
Page 9, Line 23minor patients must be formally reviewed at least every two months.
Page 9, Line 24
Review pursuant to this subsection (4) must fulfill the requirementPage 9, Line 25
specified in section 19-1-115 (8) when the minor is fifteen years of age or older and consenting to hospitalization.Page 10, Line 1(b) The review must be conducted by an independent professional
Page 10, Line 2person who is not a member of the minor's treating team; or
if the minor,Page 10, Line 3the minor's physician and the minor's parent or legal guardian do not
Page 10, Line 4object to the need for continued hospitalization, the review required
Page 10, Line 5pursuant to this subsection (4) may be conducted internally by the hospital staff.
Page 10, Line 6(d) Ten days prior to the review, the patient representative at the
Page 10, Line 7mental health facility shall notify the minor and the minor's parent or
Page 10, Line 8legal guardian of the date of the review.
and shall assist the minor inPage 10, Line 9
articulating to the independent professional person the minor's wishes concerning continued hospitalization.Page 10, Line 10(e) Nothing in this section limits a minor's parent's or legal
Page 10, Line 11guardian's right to seek the minor's release from the facility pursuant to any other provision of law.
Page 10, Line 12(6) (a) When a
minor minor's parent or legal guardian doesPage 10, Line 13not consent to or objects to continued hospitalization, the need for such
Page 10, Line 14continued hospitalization must, within ten days, be reviewed pursuant to
Page 10, Line 15subsection (4) of this section by an independent professional person who
Page 10, Line 16is not a member of the minor's treating team and who has not previously
Page 10, Line 17reviewed the minor pursuant to this subsection (6). The minor
shall andPage 10, Line 18the minor's parent or legal guardian must be informed of the
Page 10, Line 19results of the review within three days after the review's completion. If
Page 10, Line 20the conclusion reached by the professional person is that the minor no
Page 10, Line 21longer meets the standards for hospitalization specified in subsection (2) of this section, the minor must be discharged.
Page 10, Line 22(b)
If, twenty-four hours after being informed of the results of thePage 11, Line 1
review specified in subsection (6)(a) of this section, a minor continues toPage 11, Line 2
affirm the objection to hospitalization, the director of the facility or thePage 11, Line 3
director's duly appointed representative shall advise the minor that thePage 11, Line 4
minor has the right to retain and consult with an attorney at any time andPage 11, Line 5
that the director or the director's duly appointed representative shall file,Page 11, Line 6
within three days after the request of the minor, a statement requesting anPage 11, Line 7
attorney for the minor or, if the minor is under fifteen years of age, aPage 11, Line 8
guardian ad litem. The minor; the minor's attorney, if any; and the minor'sPage 11, Line 9
parent, legal guardian, or guardian ad litem, if any, shall be given writtenPage 11, Line 10
notice that a hearing upon the recommendation for continuedPage 11, Line 11
hospitalization may be had before the court or a jury upon written request directed to the court pursuant to subsection (6)(d) of this section.Page 11, Line 12(c)
Whenever the statement requesting an attorney is filed with thePage 11, Line 13
court, the court shall ascertain whether the minor has retained counsel,Page 11, Line 14
and, if the minor has not, the court shall, within three days, appoint anPage 11, Line 15
attorney to represent the minor, or if the minor is under fifteen years ofPage 11, Line 16
age, a guardian ad litem. Upon receipt of a petition filed by the guardianPage 11, Line 17
ad litem, the court shall appoint an attorney to represent the minor under fifteen years of age.Page 11, Line 18(d)
(I) The minor or the minor's attorney or guardian ad litem may,Page 11, Line 19
at any time after the minor has continued to affirm the minor's objectionPage 11, Line 20
to hospitalization pursuant to subsection (6)(b) of this section, file aPage 11, Line 21
written request that the recommendation for continued hospitalization bePage 11, Line 22
reviewed by the court or that the treatment be on an outpatient basis. IfPage 11, Line 23
review is requested, the court shall hear the matter within ten days afterPage 11, Line 24
the request, and the court shall give notice of the time and place of thePage 11, Line 25
hearing to the minor; the minor's attorney, if any; the minor's parents orPage 12, Line 1
legal guardian; the minor's guardian ad litem, if any; the independentPage 12, Line 2
professional person; and the minor's treating team. The hearing must bePage 12, Line 3
held in accordance with section 27-65-113; except that the court or juryPage 12, Line 4
shall determine that the minor is in need of care and treatment if the court or jury makes the following findings:Page 12, Line 5
(A) That the minor has a mental health disorder and is in need of hospitalization;Page 12, Line 6
(B) That a less restrictive treatment alternative is inappropriate or unavailable; andPage 12, Line 7
(C) That hospitalization is likely to be beneficial.Page 12, Line 8
(II) At the conclusion of the hearing, the court may enter an orderPage 12, Line 9
confirming the recommendation for continued hospitalization, discharge the minor, or enter any other appropriate order.Page 12, Line 10(e)
For purposes of this subsection (6), "objects to hospitalization"Page 12, Line 11
means that a minor, with the necessary assistance of hospital staff, hasPage 12, Line 12
written the minor's objections to continued hospitalization and has beenPage 12, Line 13
given an opportunity to affirm or disaffirm such objections forty-eight hours after the objections are first written.Page 12, Line 14(f)
A minor may not again object to hospitalization pursuant toPage 12, Line 15
this subsection (6) until ninety days after conclusion of proceedings pursuant to this subsection (6).Page 12, Line 16(g)
In addition to the rights specified in section 27-65-119 forPage 12, Line 17
persons receiving evaluation, care, or treatment, a written noticePage 12, Line 18
specifying the rights of minor children under this section must be given to each minor upon admission to hospitalization.Page 12, Line 19SECTION 12. In Colorado Revised Statutes, 27-65-119, amend
Page 12, Line 20(5) as follows:
Page 13, Line 127-65-119. Rights of respondents certified for short-term
Page 13, Line 2treatment or long-term care and treatment. (5) Any respondent
Page 13, Line 3receiving evaluation or treatment under any of the provisions of this
Page 13, Line 4article 65 is entitled to a written copy and verbal description in a language
Page 13, Line 5or modality accessible to the person of all the rights enumerated in this
Page 13, Line 6section.
and a minor child must receive written notice of the minor'sPage 13, Line 7
rights as provided in section 27-65-104 (6)(g). A list of the rights must bePage 13, Line 8prominently posted in all evaluation and treatment facilities in the
Page 13, Line 9predominant languages of the community and explained in a language or
Page 13, Line 10modality accessible to the respondent. The facility shall assist the respondent in exercising the rights enumerated in this section.
Page 13, Line 11SECTION 13. In Colorado Revised Statutes, 27-65.5-101, amend (2) introductory portion and (2)(l) as follows:
Page 13, Line 1227-65.5-101. Eating disorder treatment and recovery facilities
Page 13, Line 13- rules. (2) The state board of human services shall
promulgate adopt rules for eating disorder treatment and recovery facilities that must:Page 13, Line 14(l) Prior to involuntarily placing a feeding tube for a minor
Page 13, Line 15patient, require the eating disorder treatment and recovery facility to
Page 13, Line 16obtain informed written consent from
both the patient and the patient'sPage 13, Line 17parent or legal guardian.
if the patient is fifteen years of age or older orPage 13, Line 18
from only the patient's parent or legal guardian if the patient is fourteenPage 13, Line 19
years of age or younger. If a patient is fifteen years of age or older andPage 13, Line 20
does not consent to or objects to the continued use of an involuntaryPage 13, Line 21
feeding tube, the patient may seek review pursuant to section 27-65-104 (6).Page 13, Line 22SECTION 14. In Colorado Revised Statutes, 27-81-109, amend
Page 13, Line 23(1) and (3) as follows:
Page 14, Line 127-81-109. Voluntary treatment of persons with substance use
Page 14, Line 2disorders. (1) A person with a substance use disorder
including a minorPage 14, Line 3or the parent or legal guardian of a minor, on behalf of the
Page 14, Line 4minor, may apply for voluntary treatment directly to an approved treatment facility.
Page 14, Line 5(3) If a patient receiving residential care leaves an approved
Page 14, Line 6treatment facility, the person or the parent or legal guardian of a
Page 14, Line 7minor, on behalf of the minor, is encouraged to consent to outpatient treatment or supportive services, if appropriate.
Page 14, Line 8SECTION 15. In Colorado Revised Statutes, 27-81-110, amend (1) and (3) as follows:
Page 14, Line 927-81-110. Voluntary treatment for persons intoxicated by
Page 14, Line 10alcohol, under the influence of drugs, or incapacitated by substances.
Page 14, Line 11(1) A person intoxicated by alcohol, under the influence of drugs, or
Page 14, Line 12incapacitated by substances
including a minor if provided by rules of thePage 14, Line 13
BHA, may voluntarily admit the person's self to an approved treatmentPage 14, Line 14facility for an emergency evaluation to determine need for treatment; if
Page 14, Line 15the person is a minor, the minor's parent or legal guardian must consent verbally or in writing.
Page 14, Line 16(3) Except as provided in subsection (7) of this section, a
Page 14, Line 17treatment facility shall immediately release a voluntarily admitted person
Page 14, Line 18upon the person's or the person's parent or legal guardian, if the person is a minor, request.
Page 14, Line 19SECTION 16. In Colorado Revised Statutes, repeal 12-245-203.5, 13-22-103, 13-22-103.5, 13-22-105, and 25-4-409.
Page 14, Line 20SECTION 17. Act subject to petition - effective date. This act
Page 14, Line 21takes effect at 12:01 a.m. on the day following the expiration of the
Page 15, Line 1ninety-day period after final adjournment of the general assembly; except
Page 15, Line 2that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 15, Line 3of the state constitution against this act or an item, section, or part of this
Page 15, Line 4act within such period, then the act, item, section, or part will not take
Page 15, Line 5effect unless approved by the people at the general election to be held in
Page 15, Line 6November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.