(1) Statutory provisions concerning policies, procedures, and references to the release, sharing, and use of medical records and health information include the following:
Section 10-16-1003, C.R.S., concerning use of information by health care cooperatives;
Section 8-43-404, C.R.S., concerning examinations by a physician or chiropractor forthe purposes of workers' compensation;
Section 8-43-501, C.R.S., concerning utilization review related to workers' compensation;
Section 8-73-108, C.R.S., concerning the award of benefits for unemployment compensation benefits;
Section 10-3-1104.7, C.R.S., concerning the confidentiality and use of genetic testinginformation;
Section 10-16-113, C.R.S., concerning the procedures related to the denial of healthbenefits by an insurer;
Section 10-16-113.5, C.R.S., concerning the use of independent external review when health benefits have been denied;
Section 10-16-423, C.R.S., concerning the confidentiality of medical information inthe custody of a health maintenance organization;
Section 12-290-113, concerning disciplinary actions against podiatrists;
Section 12-215-126, concerning confidential communications between a licensed chiropractor and a patient;
Section 12-220-201, concerning disciplinary actions against dentists and dental hygienists;
Section 12-240-125, concerning disciplinary actions against physicians;
Section 12-240-139 (1), concerning reporting requirements for physicians pertainingto certain injuries;
Section 12-30-204, concerning professional review committees for physicians;
Section 12-30-205, concerning hospital professional review committees;
Section 13-22-704, concerning reporting requirements by physicians related to abortions for minors;
Section 12-255-119, concerning disciplinary proceedings against a practical nurse, aprofessional nurse, or a psychiatric technician;
Section 12-245-220, concerning the disclosure of confidential communications by amental health professional;
Section 12-245-226 (4), concerning disciplinary proceedings against a mental healthprofessional;
Section 13-21-110, C.R.S., concerning confidentiality of information, data, reports, orrecords of a utilization review committee of a hospital or other health care facility;
Section 13-21-117, C.R.S., concerning civil liability of a mental health professional,mental health hospital, community mental health center, or clinic related to a duty to warn or protect;
Sections 13-22-101 to 13-22-106, C.R.S., concerning the age of competence for certain medical procedures;
Section 13-64-502, C.R.S., concerning civil liability related to genetic counselingand screening and prenatal care, or arising from or during the course of labor and delivery, or the period of postnatal care in a health institution;
Section 13-80-103.7, C.R.S., concerning a limited waiver of medical information incivil actions related to sexual assault or sexual offenses against a child;
Section 13-90-107 (1)(d), C.R.S., concerning when a physician, surgeon, or registered professional nurse may testify related to the care and treatment of a person;
Section 14-10-124, C.R.S., concerning the best interests of a child for the purposes ofa separation or dissolution of marriage;
Section 14-10-127, C.R.S., concerning the allocation of parental responsibilities with respect to a child;
Section 17-27.1-101 (4), C.R.S., concerning nongovernmental facilities for offenders and the waiver of confidential information;
Section 18-3-203, concerning assault in the second degree and the availability ofmedical testing for certain circumstances;
Section 18-4-412, C.R.S., concerning theft of medical records or medical information;
Repealed.
(ee.5) Section 18-18-406.3, C.R.S., concerning medical marijuana patient records;
Section 18-18-503, C.R.S., concerning cooperative agreements to control substanceabuse;
Section 19-3-304, C.R.S., concerning persons required to report child abuse or neglect;
Section 19-3-305, C.R.S., concerning postmortem investigation related to the deathof a child;
Section 19-3-306, C.R.S., concerning evidence of abuse or neglect of a child;
Section 19-5-103 (2), C.R.S., concerning relinquishment of rights concerning a child;
Section 19-5-305, C.R.S., concerning access to adoption records;
Section 22-1-123 (5), C.R.S., concerning the protection of student data;
Sections 22-32-109.1 (6) and 22-32-109.3 (2), C.R.S., concerning specific powersand duties of the state board of education; (nn) Repealed.
Section 24-51-213, C.R.S., concerning confidentiality of records maintained by thepublic employees' retirement association;
Section 24-72-204 (3), C.R.S., concerning public records not open to public inspection;
Section 25-1-122, concerning reporting of certain diseases and conditions for investigation of epidemic and communicable diseases, morbidity and mortality, cancer in connection with the statewide cancer registry, environmental and chronic diseases, sexually transmitted infections, tuberculosis, and rabies and mammal bites by the department of public health and environment;
Section 25-1-124 (2), concerning health care facilities and reporting requirements;
Sections 27-81-110 and 27-81-113, C.R.S., concerning the treatment of intoxicatedpersons;
Section 25-1-801, concerning patient records in the care of a health care facility;
Section 25-1-802, concerning patient records in the care of individual health careproviders;
Sections 27-81-109 and 27-81-113, concerning the treatment of persons with substance use disorders;
(vv.5) Section 25-1.5-106, concerning the medical marijuana program;
Section 25-2-120, concerning reports of electroconvulsive treatment;
Section 25-3-109, concerning quality management functions of health care facilitieslicensed by the department of public health and environment;
Section 25-3.5-501, concerning records maintained by ambulance services and emergency medical service providers;
Section 25-3.5-704 (2)(d) and (2)(f), concerning the designation of emergency medical facilities and the statewide trauma system;
Sections 25-4-406 and 25-4-409, concerning the reporting of sexually transmittedinfections;
Section 25-4-1003, concerning newborn screening programs and genetic counseling;
Repealed.
Section 25-4-1705, concerning immunization information;
Section 25-4-1905, concerning records collected related to Gulf War syndrome;
Section 25-32-106, concerning the release of medical information to a poison control service provider;
Section 26-3.1-102 (2), C.R.S., concerning reporting requirements related to atrisk adults;
Section 26-11.5-108, C.R.S., concerning the long-term ombudsman program andaccess to medical records;
Section 27-65-103 (2), C.R.S., concerning voluntary applications for mental healthservices;
Sections 27-65-121 (2) and 27-65-122, C.R.S., concerning records related to mentalhealth services for minor children;
Section 30-10-606 (6), C.R.S., concerning postmortem investigations and records;
Section 35-9-109, C.R.S., concerning confidentiality of information released to thecommissioner of agriculture related to human exposure to pesticide applications;
Section 42-2-112, C.R.S., concerning information supplied to the department ofrevenue for the purpose of renewing or obtaining a license to operate a motor vehicle; and
Section 12-280-406, concerning information entered into the prescription drug monitoring program database.
Source: L. 2001: Entire part added, p. 829, § 5, effective August 8. L. 2002: (1)(fff) amended, p. 428, § 6, effective July 1. L. 2003: (1)(ii) amended, p. 1997, § 46, effective May 22. L. 2004: (1)(k) amended, p. 857, § 3, effective July 1; (1)(a) amended, p. 1010, § 21, effective
August 4. L. 2009: (1)(qq) and (1)(aaa) amended, (SB 09-179), ch. 112, p. 475, § 22, effective April 9. L. 2010: (1)(ss), (1)(vv), (1)(iii), and (1)(jjj) amended, (SB 10-175), ch. 188, p. 797, § 57, effective April 29; (1)(vv.5) added, (SB 10-109), ch. 356, p. 1696, § 2, effective June 7. L. 2011: (1)(ee.5) added, (HB 11-1043), ch. 266, p. 1215, § 29, effective July 1; (1)(nnn) added, (SB 11-192), ch. 230, p. 987, § 13, effective July 1. L. 2012: (1)(yy) amended, (HB 12-1059), ch. 271, p. 1437, § 18, effective July 1; (1)(nnn) amended, (HB 12-1311), ch. 281, p. 1627, § 69, effective July 1. L. 2013: (1)(ee) repealed, (HB 13-1154), ch. 372, p. 2192, § 3, effective July 1. L. 2016: (1)(aaa) amended and (1)(ccc) repealed, (SB 16-146), ch. 230, pp. 922, 914, §§ 23, 3, effective July 1. L. 2017: (1)(vv) amended, (SB 17-242), ch. 263, p. 1323, § 183, effective May
25. L. 2018: (1)(p) amended, (SB 18-032), ch. 8, p. 150, § 2, effective October 1. L. 2019: (1)(j) and (1)(cc) amended and (1)(nn) repealed, (SB 19-241), ch. 390, p. 3471, § 35, effective August 2; (1)(i), (1)(j), (1)(k), (1)(l), (1)(m), (1)(n), (1)(o), (1)(q), (1)(r), (1)(s), and (1)(nnn) amended, (HB 19-1172), ch. 136, p. 1696, § 141, effective October 1. L. 2020: (1)(cc) amended, (HB 201402), ch. 216, p. 1052, § 49, effective June 30; (1)(vv) amended, (SB 20-007), ch. 286, p. 1415, § 48, effective July 13; (1)(k) amended, (HB 20-1056), ch. 64, p. 263, § 7, effective September 14.
Editor's note: Amendments to subsection (1)(j) by SB 19-241 and HB 19-1172 were harmonized.
Cross references: For the legislative declaration in the 2013 act repealing subsection (1)(ee), see section 1 of chapter 372, Session Laws of Colorado 2013. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.