House Bill 25-1087 Introduced

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, 12-245-220, amend

• Page 2, Line 3(2) introductory portion and (2)(d)(I); add (1.5); and add with amended and relocated provisions (7) as follows:

• Page 2, Line 412-245-220.  Disclosure of confidential communications -

• Page 2, Line 5definitions. (1.5) (a)  A peer support team member shall not

• Page 2, Line 6disclose, without the consent of the recipient of peer support,

• Page 2, Line 7the confidential communications that are made by the recipient

• Page 2, Line 8during a peer support interaction. A recipient of peer support

• Page 2, Line 9who participates in group peer support services shall not

• Page 2, Line 10disclose information that was communicated by other recipients

• Page 2, Line 11of group peer support services during the course of group peer

• Page 2, Line 12support services without the consent of the individual to whom the information relates.

• Page 2, Line 13(b)  Subsection (1.5)(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 (1.5)(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 admits to committing a

• Page 3, Line 3crime or provides information pertaining to the individual's self

• Page 3, Line 4or others that is indicative of criminal conduct, including a

• Page 3, Line 5committed 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, one or more of the criteria described in section 13-90-107 (1)(m)(V) are met;

• Page 3, Line 7(IV)  A recipient of peer support makes an articulable and

• Page 3, Line 8significant threat against, or exhibits behaviors that in the

• Page 3, Line 9reasonable judgment of a peer support team member create an

• Page 3, Line 10articulable and significant threat against, the health or safety

• Page 3, Line 11of another individual, including unidentified individuals

• Page 3, Line 12belonging to an identifiable group, school students, teachers, administrators, and other school personnel; or

• Page 3, Line 13(V)  A recipient of peer support makes an articulable and

• Page 3, Line 14significant threat involving, or exhibits behaviors that in the

• Page 3, Line 15reasonable judgment of a peer support team member create an

• Page 3, Line 16articulable and significant threat involving, the damage or

• Page 3, Line 17destruction of private or public property, including a school, building, structure, or natural area.

• Page 3, Line 18(d)  A peer support team member who discloses information

• Page 3, Line 19under subsection (1.5)(c) of this section shall limit the

• Page 3, Line 20disclosure to the appropriate individual, school or school

• Page 3, Line 21district personnel, and law enforcement agencies.

• Page 4, Line 1(e)  A peer support team member who discloses or does not

• Page 4, Line 2disclose a confidential communication with a recipient of peer

• Page 4, Line 3support in accordance with subsection (1.5)(c) of this section is

• Page 4, Line 4not liable for damages in a civil action for disclosing or not disclosing the communication.

• Page 4, Line 5(2)  Subsection (1) of this section does not apply and a person

• Page 4, Line 6licensee, registrant, or certificate holder may disclose confidential information when:

• Page 4, Line 7(d) (I)  A client, regardless of age:

• Page 4, Line 8(A)  Makes an articulable and significant threat against a school or

• Page 4, Line 9the occupants of a school an individual or makes an articulable and

• Page 4, Line 10significant threat that, if carried out, would result in harm to an individual; or

• Page 4, Line 11(B)  Exhibits behaviors that, in the reasonable judgment of the

• Page 4, Line 12licensee, registrant, or certificate holder, create an articulable and

• Page 4, Line 13significant threat to the health or safety of students, teachers, administrators, or other school personnel an individual.

• Page 4, Line 14(7) [Formerly 12-245-220 (2)(d)(V)] As used in this subsection (2)(d) section, unless the context otherwise requires:

• Page 4, Line 15(A)  (a)  "Articulable and significant threat" means a threat to the

• Page 4, Line 16health or safety of a person an individual that, based on the totality of

• Page 4, Line 17the circumstances, can be explained or articulated and that constitutes a threat of substantial bodily harm to a person an individual.

• Page 4, Line 18(B)  (b)  "FERPA" means the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended.

• Page 4, Line 19(c)  "Group peer support services" has the meaning set

• Page 4, Line 20forth in section 13-90-107 (1)(m)(III)(D).

• Page 5, Line 1(C)  (d)  "HIPAA" means the federal "Health Insurance Portability and Accountability Act of 1996", as amended, Pub.L. 104-191.

• Page 5, Line 2(e)  "Peer support team member" means a district attorney

• Page 5, Line 3or public defender peer support team member, as defined in

• Page 5, Line 4section 13-90-107 (1)(m)(III)(B); an emergency medical service

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

• Page 5, Line 6section 13-90-107 (1)(m)(III)(C); or a law enforcement or

• Page 5, Line 7firefighter peer support team member, as defined in section 13-90-107 (1)(m)(III)(E).

• Page 5, Line 8(D)  (f)  "School" means a public or private preschool; elementary,

• Page 5, Line 9middle, junior high, or high school; or institution of postsecondary

• Page 5, Line 10education described in title 23, including the Auraria higher education center created in article 70 of title 23.

• Page 5, Line 11SECTION 2.  Repeal of relocated provisions in this act. In Colorado Revised Statutes, repeal 12-245-220 (2)(d)(V).

• Page 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.