House Bill 25-1087 Revised

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.

• 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 peer support services as

• Page 4, Line 8a peer support team member is not subject to licensure,

• Page 4, Line 9certification, registration, or other regulation by the division

• Page 4, Line 10or the department for the individual's role as a peer support

• Page 4, Line 11team member; however, the individual may be subject to

• Page 4, Line 12licensure, certification, registration, or other regulation for activities regulated by the division or the department.

• Page 4, Line 13(b)  An individual engaging in peer support services as a

• Page 4, Line 14peer support team member is not subject to discipline,

• Page 4, Line 15enforcement, or review pursuant to part 4 of article 20 of this

• Page 4, Line 16title 12 for the individual's role as a peer support team member;

• Page 4, Line 17however, the individual may be subject to discipline,

• Page 4, Line 18enforcement, or review for activities regulated by the division or the department.

• Page 4, Line 19(3)  As used in this section, unless the context otherwise requires:

• Page 4, Line 20(a)  "Group peer support services" has the meaning set forth in section 13-90-107 (1)(m)(III)(D).

• Page 4, Line 21(b)  "Peer support team member" means a district attorney

• Page 5, Line 1or public defender peer support team member, as defined in

• Page 5, Line 2section 13-90-107 (1)(m)(III)(B); an emergency medical service

• Page 5, Line 3provider or rescue unit peer support team member, as defined in

• Page 5, Line 4section 13-90-107 (1)(m)(III)(C); or a law enforcement or

• Page 5, Line 5firefighter peer support team member, as defined in section 13-90-107 (1)(m)(III)(E).

• Page 5, Line 6(4)  Nothing in this section prohibits any other disclosures required by law.

• Page 5, Line 7SECTION 2.  In Colorado Revised Statutes, 12-245-220, amend (2) introductoryportion, (2)(d)(I), and (2)(d)(II)as follows:

• Page 5, Line 812-245-220.  Disclosure of confidential communications -

• Page 5, Line 9definitions. (2)  Subsection (1) of this section does not apply and a person

• Page 5, Line 10licensee, registrant, or certificate holder may disclose confidential information when:

• Page 5, Line 11(d) (I)  A client, regardless of age:

• Page 5, Line 12(A)  Makes an articulable and significant threat against a school or

• Page 5, Line 13the occupants of a school an individual or themself or makes an

• Page 5, Line 14articulable and significant threat that, if carried out, would result in harm to an individual or themself; or

• Page 5, Line 15(B)  Exhibits behaviors that, in the reasonable judgment of the

• Page 5, Line 16licensee, registrant, or certificate holder, create an articulable and

• Page 5, Line 17significant threat to the health or safety of students, teachers, administrators, or other school personnel an individual or themself.

• Page 5, Line 18(II)  A licensee, registrant, or certificate holder who discloses

• Page 5, Line 19information under this subsection (2)(d) shall limit the disclosure to

• Page 5, Line 20appropriate school or school district personnel, and law enforcement

• Page 5, Line 21agencies, and the individual who is the subject of the threat.

• Page 6, Line 1School or school district personnel to whom the information is disclosed

• Page 6, Line 2shall maintain confidentiality of the disclosed information, regardless of

• Page 6, Line 3whether the information constitutes an education record subject to

• Page 6, Line 4FERPA, consistent with the requirements of FERPA and regulations and

• Page 6, Line 5applicable guidelines adopted under FERPA, but may disclose

• Page 6, Line 6information in accordance with section 1232g (b)(1) of FERPA and 34

• Page 6, Line 7CFR 99.36 if necessary to protect the health or safety of students or other persons.

• Page 6, Line 8SECTION 3.  Act subject to petition - effective date. This act

• Page 6, Line 9takes effect at 12:01 a.m. on the day following the expiration of the

• Page 6, Line 10ninety-day period after final adjournment of the general assembly; except

• Page 6, Line 11that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 6, Line 12of the state constitution against this act or an item, section, or part of this

• Page 6, Line 13act within such period, then the act, item, section, or part will not take

• Page 6, Line 14effect unless approved by the people at the general election to be held in

• Page 6, Line 15November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.