As used in this article 65, unless the context otherwise requires:
"Acute treatment unit" means a facility or a distinct part of a facility for short-termpsychiatric care, which may include treatment for substance use disorders, that provides a total, twenty-four-hour, therapeutically planned and professionally staffed environment for persons who do not require inpatient hospitalization but need more intense and individual services than are available on an outpatient basis, such as crisis management and stabilization services.
(1.5) [Editor's note: Subsection (1.5) is effective July 1, 2022.] "Behavioral health entity" means a facility or provider organization engaged in providing community-based health services, which may include behavioral health disorder services, alcohol use disorder services, or substance use disorder services, including crisis stabilization, acute or ongoing treatment, or community mental health center services as described in section 27-66-101 (2) and (3), but does not include:
Residential child care facilities as defined in section 26-6-102 (33); or
Services provided by a licensed or certified mental health care provider under theprovider's individual professional practice act on the provider's own premises.
(2) "Certified peace officer" means any certified peace officer as described in section 16-
2.5-102, C.R.S.
"Court" means any district court of the state of Colorado and the probate court in thecity and county of Denver.
"Court-ordered evaluation" means an evaluation ordered by a court pursuant to section 27-65-106.
(4.5) "Danger to self or others" means:
With respect to an individual, that the individual poses a substantial risk of physicalharm to himself or herself as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm to himself or herself; or
With respect to other persons, that the individual poses a substantial risk of physicalharm to another person or persons, as manifested by evidence of recent homicidal or other violent behavior by the person in question, or by evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them, as evidenced by a recent overt act, attempt, or threat to do serious physical harm by the person in question.
(5) "Department" means the department of human services.
(5.5) "Emergency medical services facility" means a facility licensed pursuant to part 1 of article 3 of title 25 or certified pursuant to section 25-1.5-103, or any other licensed and certified facility that provides emergency medical services. An emergency medical services facility is not required to be, but may elect to become, a facility designated or approved by the executive director for a seventy-two-hour treatment and evaluation pursuant to section 27-65105.
"Executive director" means the executive director of the department of human services.
[Editor's note: This version of subsection (7) is effective until July 1, 2022.] "Facility" means a public hospital or a licensed private hospital, clinic, community mental health center or clinic, acute treatment unit, institution, or residential child care facility that provides treatment for persons with mental health disorders.
[Editor's note: This version of subsection (7) is effective July 1, 2022.] "Facility" means a public hospital or a licensed private hospital, clinic, behavioral health entity, community mental health center or clinic, acute treatment unit, institution, or residential child care facility that provides treatment for persons with mental health disorders.
"Family member" means a spouse, parent, adult child, or adult sibling of a personwith a mental health disorder.
"Gravely disabled" means a condition in which a person, as a result of a mentalhealth disorder, is incapable of making informed decisions about or providing for his or her essential needs without significant supervision and assistance from other people. As a result of being incapable of making these informed decisions, a person who is gravely disabled is at risk of substantial bodily harm, dangerous worsening of any concomitant serious physical illness, significant psychiatric deterioration, or mismanagement of his or her essential needs that could result in substantial bodily harm. A person of any age may be "gravely disabled", but such term does not include a person whose decision-making capabilities are limited solely by his or her developmental disability.
"Hospitalization" means twenty-four-hour out-of-home placement for treatment in afacility for a person with a mental health disorder.
"Independent professional person" means a professional person, as defined in subsection (17) of this section, who evaluates a minor's condition as an independent decisionmaker and whose recommendations are based on the standard of what is in the best interest of the minor. The professional person may be associated with the admitting mental health facility if he or she is free to independently evaluate the minor's condition and need for treatment and has the authority to refuse admission to any minor who does not satisfy the statutory standards specified in section 27-65-103 (3).
(11.3) "Intervening professional" means a person described in section 27-65-105 (1)(a)(II) who may effect a seventy-two-hour hold under the provisions outlined in section 2765-105.
(11.5) "Mental health disorder" includes one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality or to control behavior. An intellectual or developmental disability is insufficient to either justify or exclude a finding of a mental health disorder pursuant to the provisions of this article 65.
"Minor" means a person under eighteen years of age; except that the term does notinclude a person who is fifteen years of age or older who is living separately and apart from his or her parent or legal guardian and is managing his or her financial affairs, regardless of his or her source of income, or who is married and living separately and apart from his or her parent or legal guardian.
"Patient representative" means a person designated by a mental health facility toprocess patient complaints or grievances or to represent patients who are minors pursuant to section 27-65-103 (5).
Repealed.
"Petitioner" means any person who files any petition in any proceeding in the interest of any person who allegedly has a mental health disorder or is allegedly gravely disabled.
"Physician" means a person licensed to practice medicine in this state.
"Professional person" means a person licensed to practice medicine in this state, apsychologist certified to practice in this state, or a person licensed and in good standing to practice medicine in another state or a psychologist certified to practice and in good standing in another state who is providing medical or clinical services at a treatment facility in this state that is operated by the armed forces of the United States, the United States public health service, or the United States department of veterans affairs.
"Residential child care facility" means a facility licensed by the state department ofhuman services pursuant to article 6 of title 26, C.R.S., to provide group care and treatment for children as such facility is defined in section 26-6-102 (33), C.R.S. A residential child care facility may be eligible for designation by the executive director of the department of human services pursuant to this article.
"Respondent" means either a person alleged in a petition filed pursuant to this article 65 to have a mental health disorder or be gravely disabled or a person certified pursuant to the provisions of this article 65.
"Screening" means a review of all petitions, to consist of an interview with thepetitioner and, whenever possible, the respondent, an assessment of the problem, an explanation of the petition to the respondent, and a determination of whether the respondent needs and, if so, will accept, on a voluntary basis, comprehensive evaluation, treatment, referral, and other appropriate services, either on an inpatient or an outpatient basis.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 676, § 2, effective April 29. L. 2013: (17) amended, (HB 13-1065), ch. 42, p. 115, § 1, effective March 15; (9) amended, (HB 13-1296), ch. 232, p. 1112, § 2, effective July 1, 2014; (4.5) added, (HB 13-1296), ch. 232, p. 1112, § 2, effective October 22. L. 2016: (18) amended, (SB 16-189), ch. 210, p. 783, § 79, effective June 6. L. 2017: IP, (1), (7), (8), (10), (15), and (19) amended, (11.3) and (11.5) added, and (14) repealed, (SB 17-242), ch. 263, p. 1339, § 233, effective May 25; IP amended and (5.5) and (11.3) added, (SB 17-207), ch. 205, p. 765, § 6, effective May 1, 2018. L. 2019: (1.5) added and (7) amended, (HB 19-1237), ch. 413, p. 3641, § 13, effective July 1, 2022.
Editor's note: (1) This section is similar to former § 27-10-102 as it existed prior to 2010.
(2) SB 17-242, adding subsection (11.3) was superseded by SB 17-207, adding subsection (11.3), effective May 1, 2018.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 17-207, see section 1 of chapter 205, Session Laws of Colorado 2017.