As used in this article 81, unless the context otherwise requires:
"Administrator" means the administrator of an approved treatment facility or an individual authorized in writing to act as the administrator's designee.
(1.2) [Editor's note: This version of subsection (1.2) is effective until July 1, 2022.]"Alcohol use disorder" means a condition by which a person habitually lacks self-control as to the use of alcoholic beverages or uses alcoholic beverages to the extent that the person's health is substantially impaired or endangered or the person's social or economic function is substantially disrupted. Nothing in this subsection (1.2) precludes the denomination of a person with an alcohol use disorder as intoxicated by alcohol or incapacitated by alcohol.
(1.2) [Editor's note: This version of subsection (1.2) is effective July 1, 2022.]"Alcohol use disorder" means a chronic relapsing brain disease characterized by recurrent use of alcohol causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, and home.
"Approved private treatment facility" means a private agency meeting the standardsprescribed in section 27-81-106 (1) and approved under section 27-81-106.
"Approved public treatment facility" means a treatment agency operating under thedirection and control of or approved by the office of behavioral health or providing treatment pursuant to this article 81 through a contract with the office of behavioral health pursuant to section 27-81-105 (7) and meeting the standards prescribed in section 27-81-106 (1) and approved pursuant to section 27-81-106.
(3.5) [Editor's note: Subsection (3.5) 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.
"Court" means the district court in the county in which the person named in a petitionfiled pursuant to this article resides or is physically present. In the city and county of Denver, "court" means the probate court.
"Department" means the department of human services created in section 26-1-105,C.R.S.
"Director" means the director of the office of behavioral health.
"Drug" means a controlled substance, as defined in section 18-18-102 (5), and toxic vapors.
"Emergency service patrol" means a patrol established under section 27-81-115.
"Executive director" means the executive director of the department.
"Incapacitated by alcohol" means that a person, as a result of the use of alcohol, isunconscious, has his or her judgment otherwise so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment, is unable to take care of his or her basic personal needs or safety, or lacks sufficient understanding or capacity to make or communicate rational decisions about himself or herself.
(9.2) "Incapacitated by drugs" means that a person, as a result of the use of drugs, is unconscious or has judgment otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment, is unable to take care of basic personal needs or safety, or lacks sufficient understanding or capacity to make or communicate rational decisions concerning himself or herself.
(9.4) "Incapacitated by substances" means that a person is incapacitated by alcohol or is incapacitated by drugs.
Repealed.
"Intoxicated person" or "person intoxicated by alcohol" means a person whose mental or physical functioning is temporarily but substantially impaired as a result of the presence of alcohol in his or her body.
"Licensed physician" means either a physician licensed by the state of Colorado ora hospital-licensed physician employed by the admitting facility.
"Minor" means a person under the age of eighteen years.
"Office of behavioral health" means the office of behavioral health in the department.
"Person under the influence of drugs" means any person whose mental or physicalfunctioning is temporarily but substantially impaired as a result of the presence of drugs in the person's body.
[Editor's note: Subsection (13.7) is effective July 1, 2022.] "Public funds" means money appropriated to the office of behavioral health by the general assembly or any other governmental or private sources for withdrawal management or for the treatment of alcohol use disorders in approved facilities pursuant to this article 81.
[Editor's note: Subsection (13.8) is effective July 1, 2022.]"Substance use disorder" means a chronic relapsing brain disease, characterized by recurrent use of alcohol, drugs, or both, causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home.
"Toxic vapors" means a substance or product containing such substances as defined in section 18-18-412 (3).
"Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling that may be extended to a person with a substance use disorder, a person incapacitated by substances, a person under the influence of drugs, and a person intoxicated by alcohol.
Repealed.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 732, § 2, effective April 29. L. 2011: (10) repealed, (HB 11-1303), ch. 264, p. 1172, § 81, effective August 10. L. 2017: IP, (1), (3), (6), and (14) amended, (13.5) added, and (15) repealed, (SB 17242), ch. 263, p. 1362, § 271, effective May 25. L. 2019: (1) amended and (3.5) and (13.7) added, (HB 19-1237), ch. 413, p. 3644, § 20, effective July 1, 2022. L. 2020: (1) and (14) amended and (1.2), (6.5), (9.2), (9.4), (13.6), (13.8), and (13.9) added, (SB 20-007), ch. 286, p. 1392, § 12, effective July 13.
Editor's note: (1) This section is similar to former § 25-1-302 as it existed prior to 2010.
The provisions of this section are similar to several former provisions of § 27-82-102 as they existed prior to 2020. For a detailed comparison of this section, see SB 20-007, L. 2020, p. 1392.
Subsection (13.8) is similar to former § 27-82-102 (13.5) as it would have becomeeffective July 1, 2022.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.