2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 245. Mental Health
Section 12-245-220. Disclosure of confidential communications - definitions.

(1) A licensee, registrant, or certificate holder shall not disclose, without the consent of the client, any confidential communications made by the client, or advice given to the client, in the course of professional employment. A licensee's, registrant's, or certificate holder's employee or associate, whether clerical or professional, shall not disclose any knowledge of the communications acquired in that capacity. Any person who has participated in any therapy conducted under the supervision of a licensee, registrant, or certificate holder, including group therapy sessions, shall not disclose any knowledge gained during the course of the therapy without the consent of the person to whom the knowledge relates.

(2) Subsection (1) of this section does not apply and a person may disclose confidential information when:

1. A client, or the heirs, executors, or administrators of a client, file suit or a complaintagainst a licensee, registrant, or certificate holder on any cause of action arising out of or connected with the care or treatment of the client by the licensee, registrant, or certificate holder;

2. A licensee, registrant, or certificate holder was in consultation with a physician, registered professional nurse, licensee, registrant, or certificate holder against whom a suit or complaint was filed based on the case out of which the suit or complaint arises;

3. A review of services of a licensee, registrant, or certificate holder is conducted byany of the following:

1. A board or a person or group authorized by the board to make an investigation on itsbehalf;

2. The governing board of a hospital licensed pursuant to part 1 of article 3 of title 25,where the licensee, registrant, or certificate holder practices or the medical staff of the hospital if the medical staff operates pursuant to written bylaws approved by the governing board of the hospital; or

3. A professional review committee established pursuant to section 12-245-212 (1) ifthe person has signed a release authorizing the review; (d) (I) A client, regardless of age:

1. Makes an articulable and significant threat against a school or the occupants of aschool; or

2. Exhibits behaviors that, in the reasonable judgment of the licensee, registrant, orcertificate holder, create an articulable and significant threat to the health or safety of students, teachers, administrators, or other school personnel.

2. A licensee, registrant, or certificate holder who discloses information under this subsection (2)(d) shall limit the disclosure to appropriate school or school district personnel and law enforcement agencies. School or school district personnel to whom the information is disclosed shall maintain confidentiality of the disclosed information, regardless of whether the information constitutes an education record subject to FERPA, consistent with the requirements of FERPA and regulations and applicable guidelines adopted under FERPA, but may disclose information in accordance with section 1232g (b)(1) of FERPA and 34 CFR 99.36 if necessary to protect the health or safety of students or other persons.

3. A licensee, registrant, or certificate holder who discloses or fails to disclose a confidential communication with a client in accordance with this subsection (2)(d) is not liable for damages in any civil action for disclosing or not disclosing the communication. This subsection (2)(d)(III) does not rescind any statutory duty to warn and protect specified in, and does not eliminate any potential civil liability for failure to comply with, section 13-21-117.

4. (A) This subsection (2)(d) does not apply to an education record that, under FERPA, is exempt from the HIPAA privacy rule.

(B) This subsection (2)(d) applies to covered entities, as defined in HIPAA.

(V) As used in this subsection (2)(d):

1. "Articulable and significant threat" means a threat to the health or safety of a personthat, based on the totality of the circumstances, can be explained or articulated and that constitutes a threat of substantial bodily harm to a person.

2. "FERPA" means the federal "Family Educational Rights and Privacy Act of 1974",20 U.S.C. sec. 1232g, as amended.

3. "HIPAA" means the federal "Health Insurance Portability and Accountability Act of1996", as amended, Pub.L. 104-191.

4. "School" means a public or private preschool; elementary, middle, junior high, orhigh school; or institution of postsecondary education described in title 23, including the Auraria higher education center created in article 70 of title 23.

3. The records and information produced and used in the review provided for in subsection (2)(c) of this section do not become public records solely by virtue of the use of the records and information. The identity of a client whose records are reviewed shall not be disclosed to any person not directly involved in the review process, and procedures shall be adopted by a board, hospital, association, or society to ensure that the identity of the client is concealed during the review process itself and to comply with section 12-245-226 (4).

4. Subsection (1) of this section shall not apply to any delinquency or criminal proceeding, except as provided in section 13-90-107 regarding any delinquency or criminal proceeding involving a licensed psychologist.

5. Nothing in this section shall be deemed to prohibit any other disclosures required bylaw.

6. Repealed.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1237, § 1, effective October 1. L. 2020: IP(2) and (2)(d)(IV)(B) amended and (6) repealed, (HB 201206), ch. 304, p. 1529, § 13, effective July 14.

Editor's note: This section is similar to former § 12-43-218 as it existed prior to 2019.