C.R.S. § 25-20.5-101 Legislative declaration
25-20.5-101. Legislative declaration. (Repealed)
Prevention, Intervention, and Treatment Services for Children and Youth
C.R.S. tit. 25, art. 20.5
in effectC.R.S. § 25-20.5-102 Definitions
25-20.5-102. Definitions. As used in this article 20.5, unless the context otherwise requires:
(1) "Department" means the department of public health and environment, created pursuant to section 25-1-102.
(2) "Division" means the prevention services division created in section 25-20.5-103.
(3) "Executive director" means the executive director of the department of public health and environment.
(4) "Prevention, intervention, and treatment program" means a program that provides prevention, intervention, or treatment services.
(5) "Prevention, intervention, and treatment services" means services that are designed to promote the well-being of youth and their families by decreasing high-risk behaviors, strengthening healthy behaviors, and promoting family stability.
(6) Repealed.
C.R.S. § 25-20.5-103 Prevention services division - creation
25-20.5-103. Prevention services division - creation. (1) There is hereby created within the department of public health and environment a prevention services division. The division shall be headed by the director of prevention services appointed by the executive director of the department of public health and environment in accordance with section 13 of article XII of the state constitution.
(2) The division is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified in this article 20.5 under the department of public health and environment.
C.R.S. § 25-20.5-104 Functions of division - repeal
25-20.5-104. Functions of division - repeal. (1) The division has the following functions:
(a) and (b) Repealed.
(c) To act as a liaison with communities throughout the state and assist the communities in their efforts to assess their needs with regard to prevention, intervention, and treatment services and to provide information to assist the communities in obtaining funding for appropriate prevention, intervention, and treatment programs;
(d) To provide technical assistance to communities and to entities that provide prevention, intervention, and treatment services;
(e) To operate the prevention and intervention programs specified in this article and such other prevention and intervention programs as may be created in or transferred to the division by executive order to be funded solely by nonstate moneys, including but not limited to reviewing applications submitted by entities to receive funding through said programs, awarding grants based on such applications, and notifying the state board of health of the grants awarded and the amounts of said grants;
(f) To solicit and accept grants from the federal government and to solicit and accept contributions, grants, gifts, bequests, and donations from individuals, private organizations, and foundations for the operation of any prevention and intervention programs under the authority of the division;
(g) To periodically review the federal funding guidelines for federal prevention, intervention, and treatment programs and to seek the maximum flexibility in the use of federal money in funding prevention, intervention, and treatment programs;
(h) To seek such federal waivers as may be necessary to allow the division to combine federal moneys available through various federal prevention, intervention, and treatment programs and to combine said moneys with moneys appropriated by the general assembly to fund state prevention, intervention, and treatment programs to allow the greatest flexibility in awarding combined program funding to community-based prevention, intervention, and treatment programs.
(i) Repealed.
(2) In addition to any prevention and intervention programs created in or transferred to the division by executive order and any prevention and intervention programs transferred to the division by the executive director pursuant to subsection (4) of this section, the division shall operate the following prevention and intervention programs:
(a) to (e) (Deleted by amendment, L. 2013.)
(f) The school-based health center grant program created in part 5 of this article.
(2.5) (a) For state fiscal year 2023-24, the general assembly shall appropriate two hundred fifty thousand dollars to the division for the division to partner with a statewide nonprofit organization to provide healthy eating program incentives among Colorado's low-income populations. These program incentives must attempt to improve access to fresh Colorado-grown fruits and vegetables among Colorado's low-income populations.
(b) The statewide nonprofit organization selected by the division for the partnership described in this subsection (2.5) shall have experience in supporting healthy eating incentives programs, such as programs at local farmers markets, and experience with coordinating healthy eating programs and funding between local, state, and federal programs.
(c) In providing the program incentives described in this subsection (2.5), both the division and the nonprofit shall minimize their administrative expenses. The division shall not use more than ten thousand dollars and the nonprofit shall not use more than five percent of the amount transferred pursuant to subsection (2.5)(a) of this section for their administrative expenses.
(d) The division shall use the funding provided in subsection (2.5)(a) of this section to supplement, not supplant, other general fund appropriations to the division.
expenses. The division shall not use more than ten thousand dollars and the nonprofit shall not use more than five percent of the amount transferred pursuant to subsection (2.5)(a) of this section for their administrative expenses.
(d) The division shall use the funding provided in subsection (2.5)(a) of this section to supplement, not supplant, other general fund appropriations to the division.
(e) All but seventy-seven thousand seven hundred fifty-two dollars of the amount transferred pursuant to subsection (2.5)(a) of this section must be expended for healthy eating program incentives among Colorado's low-income populations.
(f) This subsection (2.5) is repealed, effective September 1, 2025.
(3) In operating prevention and intervention programs, on receipt of an application for funding through any of said prevention and intervention programs, the division shall review the application and determine whether there are other prevention, intervention, and treatment programs operated by state agencies within this state through which funding may be available to the applicant. With the applicant's consent, the division shall forward a copy of the application to any such program for consideration.
(4) The executive director shall transfer any prevention and intervention programs operated by the department to the division, as he or she deems appropriate. The division shall collaborate with any other division within the department that operates a prevention, intervention, and treatment program in the same manner that it collaborates with other state agencies that operate prevention, intervention, and treatment programs.
C.R.S. § 25-20.5-105 State plan for delivery of prevention, intervention, and treatment services to youth - contents
25-20.5-105. State plan for delivery of prevention, intervention, and treatment services to youth - contents. (Repealed)
C.R.S. § 25-20.5-106 State board of health - rules - program duties
25-20.5-106. State board of health - rules - program duties. (Repealed)
C.R.S. § 25-20.5-107 Memoranda of understanding - duties of executive director - program meetings
25-20.5-107. Memoranda of understanding - duties of executive director - program meetings. (Repealed)
C.R.S. § 25-20.5-108 Prevention, intervention, and treatment program requirements - reports - reviews - annual review summary
25-20.5-108. Prevention, intervention, and treatment program requirements - reports - reviews - annual review summary. (Repealed)
C.R.S. § 25-20.5-109 Programs not included
25-20.5-109. Programs not included. (Repealed)
C.R.S. § 25-20.5-110 Coordinated comprehensive community-based prevention and intervention services - pilot program - reports - repeal
25-20.5-110. Coordinated comprehensive community-based prevention and intervention services - pilot program - reports - repeal. (Repealed)
C.R.S. § 25-20.5-111 Colorado Homeless Youth Services Act
25-20.5-111. Colorado Homeless Youth Services Act. (Repealed)
C.R.S. § 25-20.5-112 Voluntary competency-based community health worker registry - requirements - rules - definition
25-20.5-112. Voluntary competency-based community health worker registry - requirements - rules - definition. (1) As used in this section, unless the context otherwise requires, "voluntary competency-based community health worker registry" means the registry in the department that lists individuals who have completed state-approved training and credentialing requirements based on competency statements that represent generalist entry-level core competencies for unlicensed community health workers.
(2) A community health worker must complete a state-approved training program that meets credentialing requirements based on competency statements that represent generalist entry-level core competencies for unlicensed community health workers and must be listed on the department's voluntary competency-based community health worker registry in order to be reimbursed through the state medical assistance program for providing community health worker covered services to a medicaid member.
(3) Participation in the voluntary competency-based community health worker registry is not required for community health workers who do not seek reimbursement through medicaid.
(4) The department shall promulgate rules pursuant to this article 20.5 as necessary to implement and administer the voluntary competency-based community health worker registry.
C.R.S. § 25-20.5-301 Definitions
25-20.5-301. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Health disparities" means an unequal burden of cancer, cardiovascular disease, or chronic pulmonary disease impacting specific populations, including but not limited to racial and ethnic populations, minority populations, rural populations, urban populations, low-income populations, or any other underserved population.
(2) "Program" means the cancer, cardiovascular disease, and chronic pulmonary disease prevention, early detection, and treatment program created in section 25-20.5-302.
(3) "Review committee" means the cancer, cardiovascular disease, and chronic pulmonary disease program review committee created pursuant to section 25-20.5-303.
C.R.S. § 25-20.5-302 Program
25-20.5-302. Program. (1) There is hereby created, in the prevention services division of the department, the cancer, cardiovascular disease, and chronic pulmonary disease prevention, early detection, and treatment program for the purpose of assisting in the implementation of the state's strategic plans regarding cancer and cardiovascular disease. The program shall fund competitive grants to provide a cohesive approach to cancer, cardiovascular disease, and chronic pulmonary disease prevention, early detection, and treatment in Colorado. The division shall administer the program with the goal of developing a comprehensive approach that will bring together stakeholders at the community and state level who are interested in impacting cancer, cardiovascular disease, or chronic pulmonary disease. Grant applications shall address at least one of the following program criteria:
(a) Translating evidence-based strategies regarding the prevention and early detection of cancer, cardiovascular disease, and chronic pulmonary disease into practical application in health-care, workplace, and community settings;
(b) Providing appropriate diagnosis and treatment services for anyone who has abnormalities discovered in screening and early detection programs;
(c) Implementing education programs for the public and health-care providers regarding the prevention, early detection, and treatment of cancer, cardiovascular disease, and chronic pulmonary disease; and
(d) Providing evidence-based strategies to overcome health disparities in the prevention and early detection of cancer, cardiovascular disease, and chronic pulmonary disease.
C.R.S. § 25-20.5-303 Cancer, cardiovascular disease, and chronic pulmonary disease program review committee
25-20.5-303. Cancer, cardiovascular disease, and chronic pulmonary disease program review committee. (1) There is hereby created the cancer, cardiovascular disease, and chronic pulmonary disease program review committee. The review committee is established in the prevention services division of the department. The review committee is responsible for overseeing program strategies and activities and ensuring compliance with section 25-20.5-302.
(2) The review committee shall consist of the director of the disease prevention services division of the department, or the director's designee, and fifteen members appointed as follows:
(a) The executive director of the department or the executive director's designee.
(b) The executive director shall appoint three members, all of whom are department staff with expertise in cancer, cardiovascular disease, or chronic pulmonary disease.
(c) The state board shall appoint:
(I) One member who is a member of the state board;
(II) One member who is a chronic pulmonary disease professional;
(III) One member who is cardiovascular disease professional;
(IV) One member who is a cancer professional;
(V) Two members who are public health professionals;
(VI) One member who is a recognized expert in health disparities;
(VII) One member who represents the rural interest in regard to the prevention, early detection, and treatment of cancer, cardiovascular disease, and chronic pulmonary disease; and
(VIII) One member who is a primary care provider.
(d) The president of the senate shall appoint one member of the senate.
(e) The speaker of the house of representatives shall appoint one member of the house of representatives.
(3) (a) Except as provided in paragraph (b) of this subsection (3), members of the review committee shall serve three-year terms; except that, of the members initially appointed to the review committee, five members appointed by the state board shall serve two-year terms. Members of the review committee appointed pursuant to paragraph (c) of subsection (2) of this section shall not serve more than two consecutive terms.
(b) The terms of the members appointed by the speaker of the house of representatives and the president of the senate and who are serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the speaker and the president shall appoint or reappoint members in the same manner as provided in paragraphs (d) and (e) of subsection (2) of this section. Thereafter, the terms of members appointed or reappointed by the speaker and the president shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed.
(4) The composition of the review committee shall reflect, to the extent practical, Colorado's ethnic, racial, and geographical diversity.
(5) The review committee shall elect from its membership a chair and a vice-chair of the committee.
(6) The division shall provide staff support to the review committee.
(7) Except as otherwise provided in section 2-2-326, C.R.S., members of the review committee shall serve without compensation but shall be reimbursed from moneys deposited in the prevention, early detection, and treatment fund created in section 24-22-117, C.R.S., for their actual and necessary expenses incurred in the performance of their duties pursuant to this part 3.
to the review committee.
(7) Except as otherwise provided in section 2-2-326, C.R.S., members of the review committee shall serve without compensation but shall be reimbursed from moneys deposited in the prevention, early detection, and treatment fund created in section 24-22-117, C.R.S., for their actual and necessary expenses incurred in the performance of their duties pursuant to this part 3.
(8) If a member of the review committee has an immediate personal, private, or financial interest in any matter pending before the review committee, the member shall disclose the fact and shall not vote upon such matter.
C.R.S. § 25-20.5-304 Grant program
25-20.5-304. Grant program. (1) The program shall fund programs and initiatives that provide evidence-based education and intervention strategies for cancer, cardiovascular disease, and chronic pulmonary disease prevention, early detection, and treatment through a competitive grant program which shall be overseen by the review committee. The state board, upon recommendations of the review committee, shall adopt rules that specify, but need not be limited to, the following:
(a) The procedures and timelines by which an entity may apply for program grants;
(b) Grant application contents;
(c) Criteria for selecting the entities that shall receive grants and determining the amount and duration of the grants;
(d) Reporting requirements for entities that receive grants pursuant to this section; and
(e) The qualifications of an adequate proposal.
(2) The review committee shall review the applications received pursuant to this section and submit to the state board and the executive director of the department recommended grant recipients, grant amounts, and the duration of each grant. Within thirty days after receiving the review committee's recommendations, the executive director shall submit his or her recommendations to the state board. The review committee's recommendations regarding grants for projects impacting rural areas shall be submitted to the state board and the executive director of the department of local affairs. Within thirty days after receiving the review committee's recommendations, the executive director of the department of local affairs shall submit his or her recommendations to the state board. The state board shall have the final authority to approve the grants under this part 3. If the state board disapproves a recommendation for a grant recipient, the review committee may submit a replacement recommendation within thirty days. In making grant recommendations, the review committee shall follow the intent of the program as outlined in section 25-20.5-302. The state board shall award grants to the entities selected by the review committee, specifying the amount and duration of each grant award. In reviewing and approving grant applications, the review committee and the state board shall ensure that grants are distributed statewide and address the needs of Colorado's disparate populations, as well as the needs of both urban and rural residents of Colorado. Grants providing for treatment services shall not exceed ten percent of the total amount of grant funds distributed in any given year.
(3) (a) For the prevention, early detection, and treatment of cardiovascular disease, the review committee and the state board are encouraged to consider programs that address the major risk factors of cardiovascular disease including but not limited to blood pressure, cholesterol, and diabetes screenings.
(b) For the prevention, early detection, and treatment of cancer, the review committee and the state board are encouraged to consider programs to increase screening for cancer including but not limited to colorectal cancer screening.
(c) For the prevention, early detection, and treatment of chronic pulmonary disease, the review committee and the state board are encouraged to consider programs to expand the prevention, early detection, and treatment of chronic pulmonary diseases.
(4) A minimum of ten percent of the moneys awarded through the grant program shall be directed to projects impacting rural areas as part of the governor's rural healthcare initiative and a minimum of ten percent of the moneys awarded through the grant program shall be directed to each of the following three disease areas: Cancer; cardiovascular disease; and chronic pulmonary disease; except that, if the review committee determines that there are no adequate proposals in a given disease or geographic area for a particular grant cycle, the review committee may waive the ten percent requirement.
C.R.S. § 25-20.5-305 Evaluation
25-20.5-305. Evaluation. Commencing with the 2006-07 fiscal year, and each fiscal year thereafter, the state board shall select a grant recipient to evaluate the effectiveness of the program and the health disparities and community grant program established pursuant to part 22 of article 4 of this title 25. Costs for the evaluation shall be adequately funded from the amount annually appropriated by the general assembly to the division from the prevention, early detection, and treatment fund.
C.R.S. § 25-20.5-306 Administration - limitation
25-20.5-306. Administration - limitation. (1) Except as provided in subsection (2) of this section, the prevention services division of the department may receive up to five percent of the moneys annually appropriated by the general assembly to the division from the prevention, early detection, and treatment fund created in section 24-22-117, C.R.S., for the actual costs incurred in administering the program, including the hiring of sufficient staff within the division to effectively administer the program and the reimbursement of review committee members pursuant to section 25-20.5-303 (4).
(2) For fiscal year 2011-12, and for any fiscal year in which a declaration of a state fiscal emergency is declared pursuant to section 21 (7) of article X of the state constitution, the prevention services division of the department may receive up to five percent of the moneys annually appropriated by the general assembly from the prevention, early detection, and treatment fund created in section 24-22-117, C.R.S., for the actual costs incurred in administering the program, including the hiring of sufficient staff within the division to effectively administer the program and the reimbursement of review committee members pursuant to section 25-20.5-303 (4).
C.R.S. § 25-20.5-401 Short title
25-20.5-401. Short title. This part 4 shall be known and may be cited as the "Child Fatality Prevention Act".
C.R.S. § 25-20.5-402 Legislative declaration
25-20.5-402. Legislative declaration. (1) The general assembly hereby finds and declares that protection of the health and welfare of the children of this state is an important goal of the citizens of this state, and the injury and death of infants and children are serious public health concerns that require legislative action. The general assembly further finds that the prevention of child abuse, neglect, and fatalities is a community responsibility; that professionals from disparate disciplines have responsibilities to children and have expertise that can promote the safety and well-being of children; and that multidisciplinary reviews of child abuse, neglect, and fatalities can lead to a greater understanding of the causes of, and methods of preventing, child abuse, neglect, and fatalities.
(2) It is, therefore, the intent of the general assembly in enacting this part 4 to establish state and local multidisciplinary, multi-agency child fatality prevention review teams. The purpose of these teams is:
(a) For local or regional review teams, to review specific cases of child fatalities in the team's service area that occur from birth through seventeen years of age and involve unintentional injury, violence, motor vehicle incidents, child abuse or neglect, sudden unexpected infant death, suicide, or undetermined causes and to provide the state with individual case findings to develop a community approach to the systemic issues surrounding child fatalities;
(b) For the state review team, to review the individual case findings of the local and regional review teams and to create a report based on those findings to make specific recommendations regarding systemic trends across the state that may help prevent future child fatalities;
(c) To help the people of Colorado understand the incidence and causes of child fatalities and therefore encourage public action to prevent further child fatalities;
(d) To identify services provided by public, private, and nonprofit agencies to children and their families that are designed to prevent, and that are effective in preventing, child fatalities;
(e) To identify gaps or deficiencies that may exist in the delivery of services provided by public, private, and nonprofit agencies to children and their families that are designed to prevent child fatalities; and
(f) To make recommendations for, act as a catalyst for, and implement any changes to laws, rules, and policies that will support the safe and healthy development of the children in this state and prevent future child fatalities.
C.R.S. § 25-20.5-403 Definitions
25-20.5-403. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "County department" means the county or district department of human or social services.
(2) "Local or regional review team" means a local or regional child fatality prevention review team established pursuant to section 25-20.5-404.
(3) "State review team" means the Colorado state child fatality prevention review team created pursuant to section 25-20.5-406.
(4) Repealed.
C.R.S. § 25-20.5-404 Local and regional review teams - creation - membership - authority
25-20.5-404. Local and regional review teams - creation - membership - authority. (1) On or before January 1, 2015, each county or district public health agency established pursuant to section 25-1-506 shall establish, or arrange to be established, subject to available appropriations, a local child fatality prevention review team. County or district public health agencies may collaborate to form a regional child fatality prevention review team to fulfill the requirements of this section.
(2) Each local or regional review team shall consist of representatives of public and nonpublic agencies in the county or counties that provide services to children and their families and of other individuals who represent the community.
(3) (a) A local or regional review team must include representatives from the following entities located within the service area of the establishing county or district public health agency or agencies:
(I) Each county department;
(II) Local law enforcement agencies;
(III) The district attorney's office;
(IV) School districts;
(V) Each county department of public health;
(VI) Each coroner's office or county medical examiner's office; and
(VII) Each county attorney's office.
(b) A local or regional review team may include but is not limited to representatives from the following entities or groups located within the service area of the establishing county or district public health agency or agencies:
(I) Hospitals, trauma centers, or other providers of emergency medical services;
(II) Each county board of human or social services;
(III) Mental health professionals;
(IV) Medical professionals specializing in pediatrics;
(V) Each court-appointed special advocate program;
(VI) Child advocacy centers;
(VII) Private out-of-home placement providers;
(VIII) Victim advocates associated with law enforcement agencies; and
(IX) The community at large.
(4) Each local or regional review team has the authority to establish committees to review specific types of child fatalities.
C.R.S. § 25-20.5-405 Local review teams - duties - authority
25-20.5-405. Local review teams - duties - authority. (1) The local or regional review team shall conduct individual, case-specific reviews of fatalities of children from birth through seventeen years of age occurring in the jurisdiction of the local or regional review team for the purpose of identifying prevention recommendations related, at a minimum, to the following causes of child fatality:
(a) Undetermined causes;
(b) Unintentional injury;
(c) Violence;
(d) Motor vehicle incidents;
(e) Child abuse or neglect as defined in section 19-1-103 (1), C.R.S., including the death of a child who was previously unknown to the county department but whose death included circumstances related to child abuse or neglect, regardless of the official manner of death;
(f) Sudden unexpected infant death; or
(g) Suicide.
(2) With respect to each child fatality reviewed, the local or regional review team shall:
(a) Review the cause and manner of the child fatality as determined by the local coroner, pathologist, or medical examiner, and determine whether the local or regional review team concurs with the coroner's, pathologist's, or medical examiner's findings. Any information requested from the local coroner must be in compliance with section 30-10-606, C.R.S.
(b) In cases in which the local or regional review team does not concur with the cause or manner of death as determined by the local coroner, pathologist, or medical examiner, forward a report of the local or regional review team's analysis of the cause and manner of the child fatality to the local coroner, pathologist, or medical examiner for his or her consideration;
(c) Evaluate means by which the fatality might have been prevented;
(d) Report case review findings, as appropriate, to public and private agencies that have responsibilities for children, including the office of the child protection ombudsman pursuant to section 19-3.3-103, and make prevention recommendations to these agencies that may help to reduce the number of child fatalities;
(e) (Deleted by amendment, L. 2013.)
(e.5) No later than two months after reviewing a case, enter information regarding the child fatality into a web-based data-collection system, utilized by the department;
(f) Submit to the state review team the following information:
(I) (Deleted by amendment, L. 2013.)
(II) A listing of any system issues identified through the review process and recommendations to the state review team and the appropriate agencies for system improvements and needed resources, training, and information dissemination where gaps and deficiencies may exist;
(III) Any changes, positive or negative, that appear to have resulted from implementation of previous recommendations made by the local or regional review team to the state review team and appropriate agencies; and
(IV) Examples of services known by the local or regional review team to be provided by public or private agencies to children and their families that are designed to prevent child fatalities and that are effective in preventing such fatalities.
(V) (Deleted by amendment, L. 2013.)
(g) Secure the most reliable information possible that is related to a child fatality to provide a thorough, comprehensive review of each child fatality; and
(h) Request capacity assistance as necessary from the department for the purpose of conducting a child fatality review.
(3) Each local or regional review team may, within existing appropriations and community resources, promote continuing education for professionals involved in investigating, treating, and preventing child abuse and neglect as a means of preventing child fatalities due to abuse or neglect and other child fatalities. The local or regional review team may also, within existing resources, promote public education related to preventing child fatalities related to abuse and neglect.
C.R.S. § 25-20.5-406 State review team - creation - membership - vacancies
25-20.5-406. State review team - creation - membership - vacancies. (1) There is hereby created the Colorado state child fatality prevention review team in the department of public health and environment.
(2) (a) The governor shall appoint eighteen voting members of the state review team specified in this subsection (2)(a) as follows:
(I) Two members who represent the county sheriffs within the state, one of whom represents a rural area of the state;
(II) Two members who represent the county coroners within the state;
(III) Two members who represent peace officers within the state who specialize in crimes against children;
(IV) Two members who represent the district attorneys within the state, one of whom represents a rural area of the state;
(V) Six members who represent members of the medical profession within the state who specialize in traumatic injury or children's health, including four physicians and two nurses;
(VI) One member who represents local fire department employees within the state;
(VII) One member who represents county attorneys within the state who practice in the area of dependency and neglect;
(VIII) One member who represents county commissioners within the state; and
(IX) One member who represents the office of Colorado's child protection ombudsman.
(b) The executive director of the department of human services shall appoint six voting members, as follows:
(I) Two members who represent the unit within the department of human services that is responsible for child welfare;
(II) Repealed.
(III) Two members who represent the behavioral health administration in the department of human services;
(IV) One member who represents the division of youth services; and
(V) One member who represents the directors of county departments of human or social services.
(c) The executive director of the department of public health and environment shall appoint eight voting members who represent the department of public health and environment, one of whom represents county or district public health agencies.
(d) The commissioner of education shall appoint one voting member who represents the department of education.
(e) The executive director of the department of public safety shall appoint one voting member who represents the department of public safety.
(f) A member of the department of public health and environment shall call a preliminary meeting of the members of the state review team specified in paragraphs (a) to (e) of this subsection (2), and the voting members appointed pursuant to said paragraphs may, by a majority vote, select an additional twelve nonvoting members of the state review team as follows:
(I) Four members who represent injury prevention or safety specialists from hospitals within the state;
(II) One member who represents organizations specializing in auto safety or driver safety within the state;
(III) One member who represents sudden infant death specialists within the state;
(IV) One member who represents the state network of child advocacy centers within the state;
(V) One member who represents a state domestic violence coalition;
(VI) One member who represents the court-appointed special advocate program directors, described in section 19-1-203, C.R.S., within the state;
(VII) One member who represents the office of the child's representative, established in section 13-91-104, C.R.S.;
(VIII) One member who represents a private out-of-home placement provider; and
(IX) One member of the community with experience in childhood death.
(3) Members shall be appointed for three-year terms and shall be eligible for reappointment upon the expiration of the terms. Vacancies in the appointed membership shall be filled by the appointing entity.
C.R.S. § 25-20.5-407 State review team - duties - definitions
25-20.5-407. State review team - duties - definitions. (1) The state review team shall:
(a) Form committees to review a child fatality case, if a local or regional child fatality review team has not conducted such a review of the case, if the child fatality occurred in the state of Colorado and was related to one or more of the following causes:
(I) Undetermined causes;
(II) Unintentional injury;
(III) Violence;
(IV) Motor vehicle incidents;
(V) Child abuse or neglect, as defined in section 19-1-103 (1), C.R.S.;
(VI) Sudden unexpected infant death; and
(VII) Suicide.
(b) Outline trends and patterns of child fatalities in Colorado;
(c) Identify and investigate risk factors that may lead to child fatalities;
(d) Characterize groups of children who are at risk for a child fatality;
(e) Evaluate the services offered and the system responses to children who are at risk of a child fatality and review recommendations of local or regional review teams, if any;
(e.5) Consider a review of all systemic child-related issues when evaluating services offered or system responses to children who are at risk of fatality. For purposes of this paragraph (e.5),"systemic child-related issues" means any issue involving one or more agencies.
(f) Take steps to improve the quality and scope of data obtained through investigations and review of child fatalities;
(f.5) Utilize a child fatalities data-collection system, using nationally developed public health guidelines, to ensure the proper identification of all potential child abuse or neglect fatalities;
(g) Report to the governor and to the public health care and human services committee and the judiciary committee of the house of representatives and the health and human services committee and the judiciary committee of the senate of the Colorado general assembly, or any successor committees, concerning any recommendations for changes to any law, rule, or policy that the state review team has determined will promote the safety and well-being of children. Notwithstanding section 24-1-136 (11)(a)(I), the state review team shall report annually on or before July 1, 2014, and on or before July 1 each year thereafter. In its report, the state review team shall provide a list of system strengths and weaknesses identified through the review process and recommendations for preventive actions to promote the safety and well-being of children. The annual report must include an analysis of the state review team's recommendations from the previous year and state what policy changes, if any, were made to improve child safety and well-being. The state review team shall make the annual report publicly available and will conduct outreach efforts to educate members of the child protection community on report findings.
(h) Provide an annual summary to the state department of human services outlining the trends and patterns of child abuse and neglect fatalities, including information regarding the findings from cases known and unknown to the county departments of human or social services;
(i) Collaborate with the department of human services child fatality review team, created pursuant to section 26-1-139, C.R.S., to make joint recommendations for the prevention of child fatalities;
(j) (Deleted by amendment, L. 2013.)
(k) Subject to available appropriations, administer moneys to county or district public health agencies to support local or regional review team activities;
ices;
(i) Collaborate with the department of human services child fatality review team, created pursuant to section 26-1-139, C.R.S., to make joint recommendations for the prevention of child fatalities;
(j) (Deleted by amendment, L. 2013.)
(k) Subject to available appropriations, administer moneys to county or district public health agencies to support local or regional review team activities;
(l) Provide training and technical assistance to local or regional review teams regarding the facilitation of a child fatality review process, data collection, evidence-based prevention strategies, and the development of prevention recommendations. The training and technical assistance for local or regional review teams must be provided through federally funded training programs for improving effectiveness in conducting child fatality reviews; except that, if such federally funded programs are unavailable, the state, subject to available appropriations, may provide the training and technical assistance. The training and technical assistance may also include, but need not be limited to:
(I) Strategies or assistance with convening and facilitating local and regional review teams;
(II) Establishing methods of notification after a child fatality has occurred; and
(III) Strategies for members of state, local, or regional review teams to address a conflict of interest in a child fatality review;
(m) Provide an annual data report to each local or regional review team summarizing its local or regional review data entered into the web-based data-collection system;
(n) Subject to available appropriations and community resources, distribute information to the public concerning risks to children and recommendations for promoting the safety and well-being of children;
(o) Serve as a link with child fatality review teams throughout the country and participate in national child fatality review team activities; and
(p) Perform any other functions necessary to enhance the capability of the state of Colorado to reduce and prevent childhood injuries and fatalities.
C.R.S. § 25-20.5-408 Access to records
25-20.5-408. Access to records. (1) Review team access to records. (a) Notwithstanding any other state law to the contrary but subject to the requirements of applicable provisions of federal law, the state review team and the local or regional review teams have access to all records and information in the possession of the state department of human services and the county departments of human or social services that are relevant to the review of a child fatality, including records and information related to previous reports and investigations of suspected child abuse or neglect.
(b) Except as otherwise provided in paragraph (c) of this subsection (1), notwithstanding any other state law to the contrary, but subject to the requirements of applicable provisions of federal law, the state review team and the local or regional review teams shall have access to all other records and information that are relevant to a review of a child fatality and that are in the possession of a state or local governmental agency. These records include, but are not limited to, birth certificates, records of coroner or medical examiner investigations, and records of the department of corrections.
(c) Treatment records for behavioral, mental health, or substance use disorders may be accessed only with the written consent of appropriate parties in accordance with applicable federal and state law.
(2) Public access to records and information. (a) Open meetings. Meetings of the state review team and local or regional review teams shall be subject to the provisions of section 24-6-402, C.R.S.
(b) Confidentiality. Each member of the state review team, each member of a local or regional review team, and each invited participant at a meeting shall sign a statement indicating an understanding of and adherence to confidentiality requirements. A person who knowingly violates confidentiality requirements commits a petty offense and, upon conviction, shall be punished as provided in section 18-1.3-503.
(c) Release of information. (I) Members of the state review team, members of the local or regional review teams, a person who attends a review team meeting, and a person who presents information to a review team may release information to governmental agencies as necessary to fulfill the requirements of this part 4, including section 25-20.5-405 (2)(d), and section 19-3.3-103 (1)(a)(II)(D).
(II) Members of the state review team, members of the local or regional review teams, a person who attends a review team meeting, and a person who presents information to a review team shall not be subject to examination, in any civil or criminal proceeding, concerning information presented to members of the review team or opinions formed by the review team based on that information. A person may, however, be examined concerning information reviewed by the state review team or a local or regional review team that is otherwise available to the public or that is required to be revealed by that person in another official capacity.
(III) Information, documents, and records of the state review team and the local or regional review teams shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding; except that information, documents, and records that would otherwise be available from a person serving on the state review team or a local or regional review team or that would otherwise be required to be revealed by law shall not be immune from subpoena, discovery, or introduction into evidence solely because the information was presented at or became available due to a proceeding of the state review team or a local or regional review team.
(IV) Information received by the state review team or a local or regional review team that contains information exculpatory to a person charged with a criminal offense shall be subject to release pursuant to the rules of criminal procedure.
C.R.S. § 25-20.5-409 Administration - funding - cash fund
25-20.5-409. Administration - funding - cash fund. (1) To the extent moneys are available, the state review team and the local or regional review teams may hire staff or consultants to assist them in completing their duties.
(2) Staff and consultants of the state review team or the local or regional review teams shall receive reimbursement for travel and expenses to offset the costs incurred in fulfilling their duties, which shall be paid from moneys appropriated to implement this part 4 and within the limits of those moneys.
(3) The division of prevention services in the department of public health and environment, on behalf of the state review team, is authorized to receive contributions, grants, services, and donations from any public or private entity for any direct or indirect costs associated with the duties of the state review team set forth in this part 4.
(4) All private and public funds received by the state review team through grants, contributions, and donations pursuant to this part 4 shall be transmitted to the state treasurer, who shall credit the same to the child fatality prevention cash fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this part 4. All moneys in the fund not expended for the purpose of this part 4 may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
C.R.S. § 25-20.5-501 Legislative declaration
25-20.5-501. Legislative declaration. (1) The general assembly finds that:
(a) Access to school-based primary health care for children and adolescents has been shown to increase the use of primary care, reduce the use of emergency rooms, and result in fewer hospitalizations;
(b) High-risk students who use school-based health centers are more likely to stay in school and be available for instruction;
(c) School-based health centers are effective at managing health conditions, such as asthma;
(d) School-based health centers serve primarily low-income schools. The majority of students who attend schools with on-site health centers are from low-income families, are medically uninsured or underinsured, and qualify for free or reduced-cost school lunch.
(e) For students from populations primarily served through school-based health centers who do not have access to school-based health care, increasing access to school-linked health-care services will help improve health outcomes for these medically underserved students and their families; and
(f) School-based health centers and school-linked health-care services complement existing school health services and school nursing programs.
C.R.S. § 25-20.5-502 Definitions
25-20.5-502. Definitions. As used in this part 5, unless the context otherwise requires:
(1) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, or a board of cooperative services created and operating pursuant to article 5 of title 22.
(2) "School-based health center" means a clinic established within a public school building, through state-sanctioned high school equivalency examination programs associated with a local education provider, on public school property by the local education provider, or through school-linked health-care services. School-based health centers are operated, in partnership with local education providers, by medical entities, including hospitals, public or private health-care organizations, licensed medical providers, public health nurses, community health centers, and community mental health centers, to provide primary health-care services, behavioral health-care services, oral heath-care services, or preventive health-care services to students and youth within a school or schools of a local education provider regardless of ability to pay, insurance coverage, or immigration status. The term "school-based health center" includes clinics or facilities authorized to provide clinic services pursuant to section 25.5-5-301 or authorized to apply for and receive medical assistance payments under a contract entered into pursuant to section 25.5-5-318 and school-linked health-care services.
(3) "School-linked health-care services" means primary health-care services, behavioral health-care services, oral health-care services, or preventive health-care services. School-linked health-care services may be delivered through telehealth, mobile services, or referrals for health-care services at a clinic located near school grounds.
C.R.S. § 25-20.5-503 School-based health center grant program - creation - funding - grants
25-20.5-503. School-based health center grant program - creation - funding - grants. (1) There is hereby created, in the prevention services division of the department of public health and environment, the school-based health center grant program, referred to in this part 5 as the "grant program", for the purpose of assisting the establishment, expansion, and ongoing operations of school-based health centers in Colorado. The grant program shall be funded by moneys annually appropriated by the general assembly specifically for said program.
(2) (a) (I) Operators of school-based health centers may apply for grants for the benefit of school-based health centers. The grant program shall provide grants for school-based health centers selected by the division. The division, in consultation with school-based health centers, shall develop criteria under which the grants are distributed and evaluated. In developing the criteria for grants, the division shall give priority to centers that serve a disproportionate number of uninsured children, a low-income population, or both. The division may award grants to: Establish new school-based health centers; expand primary health services, behavioral health services, including education, intervention, and prevention services for opioid, alcohol, and marijuana, and other substance use disorders, or oral health-care services offered by existing school-based health centers; expand enrollment in the children's basic health plan; provide support for ongoing operations of school-based health centers; or provide support for innovations in school-based health care, including school-linked health-care services.
(II) Subject to available appropriations, money awarded through the grant program may also be directed to evidence-informed school-linked health-care services models, including telehealth services by a provider located in this state and mobile health units, to expand access to primary health-care services, behavioral health-care services, oral health-care services, and preventive health-care services, unless the division determines that adequate school-linked health-care services proposals have not been submitted for the grant cycle.
(III) The division shall not award grants to provide abortion services in violation of section 50 of article V of the state constitution.
(b) (I) On or before July 1, 2018, the general assembly shall appropriate seven hundred seventy-five thousand dollars to the department from the marijuana tax cash fund created in section 39-28.8-501 for the purposes of expanding behavioral health therapy, intervention, and prevention services for opioid, alcohol, and marijuana, and other substance use disorders pursuant to this subsection (2). The department shall prioritize funding to school-based health centers that serve communities with high-risk factors for substance abuse combined with limited access to treatment services according to state needs assessments, Colorado health indicator data, and national best practice trends.
(II) Any unencumbered and unexpended money from an appropriation made pursuant to this subsection (2)(b) remains available for expenditure by the department in the next two fiscal years without further appropriation.
actors for substance abuse combined with limited access to treatment services according to state needs assessments, Colorado health indicator data, and national best practice trends.
(II) Any unencumbered and unexpended money from an appropriation made pursuant to this subsection (2)(b) remains available for expenditure by the department in the next two fiscal years without further appropriation.
(c) (I) For the 2022-23 budget year, the general assembly shall appropriate one million five hundred thousand dollars from the behavioral and mental health cash fund created pursuant to section 24-75-230 to the department to fund the grant program for the benefit of school-based health centers to respond to the COVID-19 pandemic and its negative public health impacts. The department or the grantees awarded money must spend or obligate any money in accordance with section 24-75-226 (4)(d).
(II) The department and the grantees shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(3) The division shall engage with and assist communities interested in becoming grantees and shall consider how to support improving access to school-based health care. The division shall specify and provide to potential grant recipients the following information:
(a) Procedures and timelines by which an operator of a school-based health center may apply for a grant;
(b) Grant application contents;
(c) Criteria for selection, reporting, evaluation, and other criteria as necessary;
(d) Criteria for determining the amount and duration of the grants;
(e) Reporting requirements for grant recipients; and
(f) Any other information the division deems necessary.
(4) Grant recipients shall submit reports to the division as outlined in the reporting requirements summarizing the use of the grant moneys.
(5) A grant awarded by the division shall be used for the school-based health center for the purposes stated in this part 5. The grants shall supplement existing funding sources for the school-based health center, such as federal funds, patient fees, public and private insurance, and grants and donations, including in-kind donations received from community hospitals, foundations, local governments, and private sources.
C.R.S. § 25-20.5-801 Community crime victims grant program - created - cash fund
25-20.5-801. Community crime victims grant program - created - cash fund. (1) Subject to available appropriations, on and after July 1, 2018, the department shall develop and implement the community crime victims grant program, referred to in this part 8 as the "grant program", to provide funding to eligible entities that provide support services to crime victims, as defined in section 24-4.1-302 (5), and a victim's immediate family, as defined in section 24-4.1-302 (6), and other interventions that are intended to reduce repeat victimization. The department shall administer the grant program in accordance with policies developed by the executive director of the department pursuant to subsection (2) of this section.
(2) On or before July 1, 2018, the executive director of the department shall develop policies for the administration of the grant program, including but not limited to the following:
(a) A competitive process for the selection of a third-party grant administrator;
(b) The content and timing of status reports provided by the third-party grant administrator to the department; and
(c) Grant guidelines and eligibility criteria for applicants, including criteria that prioritize underserved crime victims, as defined in section 24-4.1-302 (5), and a victim's immediate family, as defined in section 24-4.1-302 (6), including people of color, young adults, and men.
(3) The third-party grant administrator must be selected on or before September 2, 2018, and the contract between the department and the third-party grant administrator must be finalized on or before January 1, 2019. The third-party grant administrator must:
(a) Be a nonprofit organization in good standing with the secretary of state's office;
(b) Have experience as a third-party administrator for a state, multistate, or federal grant program;
(c) Be capable of providing a unified case management, financial, and data collection system related to services and payments received under the grant program;
(d) Be capable of providing technical assistance and other organizational development to grantees to improve delivery of services, financial management, or data collection; and
(e) Have experience and competency in working in underserved communities, particularly communities of color.
(4) In awarding grants from the grant program each fiscal year, the department shall release as much as one-quarter of the amount annually appropriated to the grant program to the third-party grant administrator at the time the initial contract is executed and at the beginning of each fiscal year.
(5) On or before January 15, 2019, the third-party grant administrator shall develop the following, subject to approval by the department:
(a) A competitive request for proposal process and timeline whereby an eligible entity may apply for a grant consistent with the policies developed by the department;
(b) A process for determining the amount of each grant that is awarded; and
ch fiscal year.
(5) On or before January 15, 2019, the third-party grant administrator shall develop the following, subject to approval by the department:
(a) A competitive request for proposal process and timeline whereby an eligible entity may apply for a grant consistent with the policies developed by the department;
(b) A process for determining the amount of each grant that is awarded; and
(c) Performance metrics and data collection to be required of grantees.
(6) The grant administrator shall make recommendations to the department on whether to award or deny a grant and shall provide written rationale each grant cycle to the department. After the review of the recommendations, the department shall award or deny a grant.
(7) Permissible uses of grant money provided pursuant to the grant program include direct services to crime victims, as defined in section 24-4.1-302 (5), and a victim's immediate family, as defined in section 24-4.1-302 (6), restorative justice, and other interventions intended to reduce repeat victimization.
(8) (a) To be eligible to receive a grant from the grant program, an entity must be:
(I) A nonprofit organization in good standing and registered with the federal internal revenue service and the Colorado secretary of state's office;
(II) A school;
(III) A tribal agency or program; or
(IV) A professional who is regulated by the department of regulatory agencies.
(b) A grantee may not decline to serve a victim based upon:
(I) Whether the victim reported the crime to law enforcement or cooperated in any prosecution;
(II) The length of time that has elapsed since the victimization; or
(III) The location of the victimization.
(c) A grant applicant shall demonstrate that it has or will have a screening tool or screening process in place so that a credible determination can be made that the person seeking services has been a victim of crime, as defined in section 24-4.1-302 (5).
(9) (a) The community crime victims grant program cash fund, referred to in this subsection (9) as the "fund", is created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund. The fund is exempt from section 24-75-402.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c) Money in the fund is annually appropriated to the department for the grant program developed pursuant to this section.
(c.5) Any money appropriated to the department that is not expended prior to July 1, 2023, is further appropriated to the department for the 2023-24 state fiscal year for the same purpose.
(c.7) The state treasurer shall transfer four million dollars from the general fund to the fund on March 1, 2024.
(d) Repealed.
(e) The state treasurer shall transfer all unexpended and unencumbered money in the fund on September 1, 2029, to the general fund.
(10) Repealed.
C.R.S. § 25-20.5-802 Repeal of part - sunset review
25-20.5-802. Repeal of part - sunset review. This part 8 is repealed, effective September 1, 2028. Before the repeal, this part 8 is scheduled for review in accordance with section 24-34-104.
C.R.S. § 25-20.5-901 Short title
25-20.5-901. Short title. The short title of this part 9 is the "Colorado Child Abuse Response and Evaluation Network (CARENetwork) Act".
C.R.S. § 25-20.5-902 Definitions
25-20.5-902. Definitions. As used in this part 9, unless the context otherwise requires:
(1) "Colorado child abuse response and evaluation network" or "CARENetwork" means a network composed of a resource center, designated providers, and other community partners, including children's advocacy centers, that collaborate to develop and maintain a standardized, coordinated health-care response to the prevention and treatment of suspected physical or sexual abuse or neglect.
(2) "Designated provider" means a physician, nurse, advanced practice provider, or behavioral health provider who is licensed in this state and who meets the criteria established to be a designated provider in the CARENetwork.
(3) "Resource center" means a nationally recognized organization with board-certified specialists in the field of child abuse pediatrics and with expertise to establish standards of medical and behavioral health care for the CARENetwork and provide education and training for designated providers.
C.R.S. § 25-20.5-903 CARENetwork - structure - resource center
25-20.5-903. CARENetwork - structure - resource center. (1) There is created in the department of public health and environment the Colorado child abuse response and evaluation network to provide medical exams and behavioral health assessments to children under six years of age for suspected cases of physical or sexual abuse or neglect and children under thirteen years of age for suspected sexual abuse. In implementing the CARENetwork, the department shall coordinate with the department of human services, existing advisory committees, and interested stakeholders to align the work of the CARENetwork with other state and local efforts focused on preventing child abuse and neglect and addressing the health and social needs of families at risk of experiencing child abuse or neglect.
(2) On or before November 1, 2019, the department shall award a contract to a resource center to establish the CARENetwork. The resource center shall:
(a) Work to increase local capacity of health-care and behavioral health providers to perform medical and behavioral health assessments for suspected cases of physical or sexual abuse or neglect by using current or by building appropriate infrastructure for and providing technical assistance to the CARENetwork;
(b) Develop best practice standards across the state for the CARENetwork, including a review of current national accreditation standards, for medical exams and behavioral health assessments for children described in subsection (1) of this section;
(c) Develop a streamlined medical and behavioral health referral process to designated providers for children to receive appropriate care, including coordinated hand-offs to available resources;
(d) Establish an efficient structure, considering geography and identified community needs, to ensure a coordinated response to suspected cases of physical or sexual abuse or neglect;
(e) Encourage participation and enhance the role of medical providers in multidisciplinary teams in local communities to provide input for the CARENetwork;
(f) Collaborate with existing programs in local communities to provide education and training, collaborative mentorship, and support for designated providers serving children in their communities, including education and training about risks and protective factors associated with child abuse and neglect and resources for families to address their health and social needs;
(g) Collect and analyze data to identify and monitor outcomes of the CARENetwork and to guide ongoing program analyses, resulting in the development of best practices that encourage continuous improvement and fidelity of the CARENetwork's standard of care; and
(h) Report annually to the executive directors of the department and the department of human services on activities of the CARENetwork.
(3) Nothing in this section supersedes the authority of the department of human services or a county department of human or social services to receive reports and coordinate the official investigation and response to reports of child abuse or neglect. Nothing in the section relieves the participants in the CARENetwork from mandated reporting requirements pursuant to section 19-3-304.
C.R.S. § 25-20.5-1001 Making opioid antagonists available - bulk purchasing - immunity
25-20.5-1001. Making opioid antagonists available - bulk purchasing - immunity. (1) A person that is not a private entity and that makes a defibrillator or AED, as defined in section 13-21-108.1, available to aid the general public may also make available an opioid antagonist to aid an individual believed to be suffering an opioid-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opioid-related drug overdose event.
(2) A person making an opioid antagonist available in accordance with subsection (1) of this section is eligible to purchase opioid antagonists from the department in accordance with section 25-1.5-115.
(3) A person who acts in good faith to furnish or administer an opioid antagonist to an individual the person believes to be suffering an opioid-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opioid-related drug overdose event is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2), respectively.
(4) This section does not apply to an elementary or secondary public or nonpublic school.
C.R.S. § 25-20.5-1101 Harm reduction grant program - creation - application - permissible uses - department duties
25-20.5-1101. Harm reduction grant program - creation - application - permissible uses - department duties. (1) Subject to available appropriations, the department shall develop and implement a harm reduction grant program, referred to in this section as the "grant program", to prevent overdose deaths and reduce health risks associated with drug use. The department may contract with an independent entity for the administration of the grant program.
(2) (a) To be eligible to receive grant funding pursuant to this part 11, an entity must be:
(I) A nonprofit organization that is in good standing and registered with the federal internal revenue service and the Colorado secretary of state's office;
(II) A local public health agency established pursuant to section 25-1-506;
(III) A tribal agency or program;
(IV) A federally qualified health center, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4);
(V) A rural health clinic, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(2);
(VI) A behavioral health entity, as defined in section 25-27.6-102 (6); or
(VII) A law enforcement agency.
(b) An eligible entity may submit a proposal on behalf of a group of eligible entities, and apportion grant funds accordingly, to foster community collaboration and collective impact.
(c) Grantees must be willing to provide services to individuals who may not be ready to seek addiction treatment services or who are in recovery.
(3) On or before November 1, 2019, the department shall develop:
(a) Eligibility criteria for the entities described in subsection (2) of this section;
(b) The grant application process and schedule;
(c) A process for determining the amount of each grant that is awarded; and
(d) The performance metrics and data collection required of grantees.
(4) Permissible uses of funding provided pursuant to this grant program include general operating expenses and direct and indirect project costs including, but not limited to:
(a) Trainings relevant to the field of harm reduction that may include overdose prevention, safer substance use practices, safe disposal, and access to and administration of opiate antagonists and non-laboratory synthetic opiate detection tests;
(b) Purchasing and providing sterile equipment, non-laboratory synthetic opiate detection tests, and syringe disposal equipment;
(c) Providing direct services to persons who have come into contact with or who are at risk of coming into contact with the criminal justice system, which may include accessing treatment and health-care services, overdose prevention activities, and recovery support services;
(d) Outreach and engagement to people who come into contact with or who are at risk of coming into contact with the criminal justice system and who are in need of mental health or substance use disorder treatment, overdose prevention, harm reduction, or recovery support services;
(e) Facilitating communication, training, and technical assistance among law enforcement agencies, public health agencies, and community-based harm reduction agencies in order to divert people from the criminal justice system;
(f) Auricular acudetox training and services;
(g) Public education and outreach about synthetic opiates, overdose risks, and recognizing an overdose event; resources for addiction treatment and services; access to and administration of opiate antagonists and non-laboratory synthetic opiate detection tests; and laws regarding synthetic opiates, including criminal penalties and immunity for reporting an overdose event pursuant to section 18-1-711;
(h) Local conventions for the purpose of developing community-based approaches for overdose prevention, early intervention, and harm reduction services;
(i) Developing, or expanding existing, community-based organizations that provide overdose prevention, early intervention, and harm reduction services;
criminal penalties and immunity for reporting an overdose event pursuant to section 18-1-711;
(h) Local conventions for the purpose of developing community-based approaches for overdose prevention, early intervention, and harm reduction services;
(i) Developing, or expanding existing, community-based organizations that provide overdose prevention, early intervention, and harm reduction services;
(j) Evidence-based research concerning best or promising practices in overdose prevention, early intervention, harm reduction, and medication-assisted treatment protocols;
(k) Developing strategies for serving populations who are at a higher risk of overdose and live in underserved areas; and
(l) Support for a liaison with experience collaborating with community-based organizations and local public health agencies.
(5) The department shall not award any grant money in excess of the amount in the harm reduction grant program cash fund created pursuant to section 25-20.5-1102.
C.R.S. § 25-20.5-1102 Harm reduction grant program cash fund - creation
25-20.5-1102. Harm reduction grant program cash fund - creation. (1) The harm reduction grant program cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund.
(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3) Money in the fund is continuously appropriated to the department for the implementation of this part 11.
(4) and (5) Repealed.
C.R.S. § 25-20.5-1103 Rules
25-20.5-1103. Rules. The department may promulgate rules as necessary for the implementation of this part 11.
C.R.S. § 25-20.5-1104 Repeal of part - sunset review
25-20.5-1104. Repeal of part - sunset review. (Repealed)
C.R.S. § 25-20.5-1201 Definitions
25-20.5-1201. Definitions. As used in this part 12, unless the context otherwise requires:
(1) "Department" means the department of public health and environment.
(2) "Director" means the director of the office of gun violence prevention described in section 25-20.5-1202 (1)(b).
(3) "Office" means the office of gun violence prevention established in section 25-20.5-1202.
(4) "Resource bank" means the resource bank of materials and resources pertaining to gun violence in Colorado described in section 25-20.5-1204.
C.R.S. § 25-20.5-1202 Office of gun violence prevention - created - director - staff - collaboration
25-20.5-1202. Office of gun violence prevention - created - director - staff - collaboration. (1) (a) There is created in the department the office of gun violence prevention to coordinate and promote effective efforts to reduce gun violence and related traumas and promote research regarding causes of, and evidence-based responses to, gun violence.
(b) The executive director of the department shall appoint the director of the office of gun violence prevention pursuant to section 13 of article XII of the state constitution.
(c) The director shall appoint staff necessary to carry out the responsibilities of the office. At a minimum, the office must have, in addition to the director, one full-time equivalent employee in state fiscal year 2021-22 and two full-time equivalent employees in state fiscal year 2022-23.
(2) In order to effectively carry out its responsibilities, the office may collaborate with other state agencies, including the address confidentiality program created in section 24-30-2104; the office of suicide prevention established in section 25-1.5-101 (1)(w); the safe2tell program created in section 24-31-606; the school safety resource center created in section 24-33.5-1803; the department of education; the behavioral health administration in the department of human services; the office of the attorney general; and the division of criminal justice in the department of public safety. The office may also collaborate with individuals, educational institutions, health-care providers, and organizations with expertise in gun violence prevention and gun safety, including gun dealers, shooting ranges, and firearms safety instructors.
C.R.S. § 25-20.5-1203 Gun violence prevention awareness and education - violence intervention grant program - rules
25-20.5-1203. Gun violence prevention awareness and education - violence intervention grant program - rules. (1) The office shall increase the awareness of, and educate the general public about, state and federal laws and existing resources relating to gun violence prevention, including the following:
(a) The availability of, and the process for requesting, an extreme risk protection order pursuant to article 14.5 of title 13;
(b) The availability of, and the process for requesting, a protection order pursuant to article 14 of title 13;
(c) How to report a lost or stolen firearm, including reporting requirements in state law;
(d) Best practices for safe storage of firearms, including safe storage requirements described in section 18-12-114;
(e) Accessing available mental health and substance use resources and how to refer people to needed mental health and substance use treatment services, including suicide prevention; and
(f) Safe and responsible gun ownership, including increasing awareness of compliance with state and federal law.
(2) (a) To promote awareness and education as described in subsection (1) of this section, the office shall:
(I) Conduct awareness campaigns directed toward gun owners, parents and legal guardians of children, and professions that provide services to people and communities disproportionately affected by gun violence; and
(II) Develop and provide materials and training resources to local law enforcement agencies, health-care providers, and educators to assist those agencies, providers, and educators with educating the public about the laws and resources described in subsection (1) of this section and other effective gun violence prevention strategies.
(b) The office may focus public awareness campaigns in communities identified by the office as disproportionately affected by gun violence.
(c) The office shall conduct awareness and education campaigns in a culturally competent way, including by providing materials and resources in multiple languages.
(d) The office may use television messaging, radio broadcasts, print media, digital strategies, or any other form of messaging deemed effective and appropriate by the office to achieve the goals of this section.
(3) At the request of the executive director of the department, the office shall support and provide assistance for other education campaigns and programs conducted by the department that are related to gun violence, including education and programs relating to firearms safe storage and suicide prevention.
(4) (a) Subject to available money, the office may establish and administer a grant program to award grants to organizations to conduct community-based gun violence intervention initiatives that are primarily focused on interrupting cycles of gun violence, trauma, and retaliation by providing culturally competent intervention services.
(b) To be eligible for a grant award, an organization must demonstrate the ability to conduct effective community-based gun violence intervention initiatives that meet the criteria described in this section. The office shall prioritize awarding grants to organizations that conduct gun violence intervention initiatives with individuals and in communities identified as having the highest risk of perpetrating or being victimized by gun violence in the near future.
(c) An initiative conducted with a grant award must use strategies that are evidence-informed and have demonstrated promise at reducing gun violence without contributing to mass incarceration, such as hospital-based violence intervention programs, group violence interventions, evidence-based street outreach programs, violence interruption and crisis management programs, and individualized wraparound services. To improve the effectiveness of a gun violence intervention initiative, a grant recipient shall conduct regular evaluations of each initiative, including facilitating community input and engagement.
ased violence intervention programs, group violence interventions, evidence-based street outreach programs, violence interruption and crisis management programs, and individualized wraparound services. To improve the effectiveness of a gun violence intervention initiative, a grant recipient shall conduct regular evaluations of each initiative, including facilitating community input and engagement.
(d) The department may promulgate rules necessary for the administration of the grant program, including grant application procedures, criteria for determining the amount and duration of the grants, and reporting requirements for organizations that receive grants.
(e) In administering the grant program, the office shall collaborate with stakeholders as needed to ensure equity in the distribution of grants. The office shall consult with stakeholders to develop grant priorities, set criteria for determining the amount and duration of grants, select grantees, and determine reporting requirements. Stakeholders must include individuals and families impacted by gun violence; organizations with expertise in gun violence prevention and gun safety, including gun dealers, shooting ranges, and firearms safety instructors; and communities of color.
C.R.S. § 25-20.5-1204 Resource bank - duties
25-20.5-1204. Resource bank - duties. (1) The office shall create and maintain a resource bank of regularly updated and accurate materials and resources as a repository for data, research, and statistical information regarding gun violence in Colorado.
(2) As part of maintaining the resource bank, the office shall:
(a) Assist researchers who are seeking information about gun violence in Colorado;
(b) Collaborate with researchers, including organizations that conduct gun violence research, to:
(I) Identify gaps in available data needed for gun violence prevention research and develop strategies to improve relevant data collection in Colorado;
(II) Use existing available research to enhance evidence-based gun violence prevention tools and resources available to Colorado communities; and
(III) Improve the understanding of the disproportionate barriers to safety from gun violence by encouraging disaggregation of data by race and ethnicity when research is conducted; and
(c) Promote new and relevant research regarding gun violence prevention and, if possible, make this research accessible to researchers and the public.
C.R.S. § 25-20.5-1205 Federal grants - other funds - gifts, grants, and donations
25-20.5-1205. Federal grants - other funds - gifts, grants, and donations. (1) The office shall identify and apply for available federal grants and other funding to further its work to prevent gun violence. When the office determines it is appropriate, the office may work in collaboration with other state departments and partners to identify and apply for federal grants and other funding.
(2) The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 12.
(3) The office shall expend funds annually on a public education campaign regarding the availability of, and the process for requesting, an extreme risk protection order pursuant to article 14.5 of title 13 and as described in section 25-20.5-1203 (2)(a).
C.R.S. § 25-20.5-1206 Rules - report
25-20.5-1206. Rules - report. (1) The department may promulgate rules as needed for the effective implementation of this part 12.
(2) (a) On or before November 30 of each year, the office shall report to the department on the activities it has conducted in the preceding twelve months. The report must include:
(I) Information about the awareness and education campaigns conducted by the office;
(II) Effective gun violence intervention programs identified and conducted by the office;
(III) Any federal grants or other funding the office applied for and whether the office received those grants or other funds; and
(IV) A general summary of new and relevant research included in the office's resource bank and the nature of research assistance provided by the office.
(b) The office shall make the report publicly available on its website or, if the office does not have a dedicated website, on a web page of the department's website.
(c) In its annual report before the house and senate committees of reference pursuant to section 2-7-203, the department shall include a summary of the office's annual report, including instruction for accessing any new and relevant gun violence prevention research identified by the office. Notwithstanding section 24-1-136 (11)(a)(I), the report required in this subsection (2)(c) continues indefinitely.
(3) On or before December 31, 2027, and on or before December 31 every fifth year thereafter, the office shall issue a report to the general assembly summarizing gun violence prevention measures adopted by local jurisdictions pursuant to article 11.7 of title 29 or section 18-12-214. The office shall make the report publicly available on its website or, if the office does not have a dedicated website, on a web page of the department's website. Notwithstanding section 24-1-136 (11)(a)(I), the report required pursuant to this subsection (3) continues indefinitely.
C.R.S. § 25-20.5-1301 Definitions
25-20.5-1301. Definitions. As used in this part 13, unless the context otherwise requires:
(1) "Community behavioral health disaster preparedness and response program" or "program" means the community behavioral health disaster preparedness and response program created in section 25-20.5-1302.
(2) "Community behavioral health disaster response coordinator" or "response coordinator" means an individual who is designated by a community mental health center or other behavioral health provider to fulfill the duties and responsibilities of the response coordinator pursuant to section 25-20.5-1302.
(3) "Disaster" has the same meaning as set forth in section 24-33.5-703.
C.R.S. § 25-20.5-1302 Community behavioral health disaster preparedness and response program - creation - department duties - rules
25-20.5-1302. Community behavioral health disaster preparedness and response program - creation - department duties - rules. (1) Subject to available appropriations, the department shall implement the community behavioral health disaster preparedness and response program using existing initiatives and activities to ensure that behavioral health is adequately represented within disaster preparedness and response efforts across the state.
(2) The program is intended to enhance, support, and formalize behavioral health disaster preparedness and response activities conducted by community behavioral health organizations; except that the activities must not replace or supersede any disaster plans prepared or maintained by a local or interjurisdictional emergency management agency, as established in section 24-33.5-707. The activities may include but are not limited to:
(a) Preparedness activities, such as:
(I) Risk assessment, hazard vulnerability assessments, and disaster planning;
(II) Development of policies and procedures for disaster preparedness and response planning;
(III) Implementing disaster communication plans;
(IV) Training on and practicing existing disaster preparedness and response plans; and
(V) Engaging with local and state partners for disaster preparedness and medical surge planning;
(b) Response activities, such as:
(I) Coordination and response with local and state partners;
(II) Supporting emergency functions, such as health and medical resource requests for behavioral health services;
(III) Triaging psychological or psycho-social care for affected individuals;
(IV) Providing immediate and ongoing support and care for individuals in crisis impacted by emergencies and disasters, including professionals who respond to emergencies and disasters and others on the scene of such incidences; and
(V) Providing ongoing follow-up, referrals, and services for affected individuals; and
(c) Recovery activities, such as:
(I) Providing ongoing debriefing opportunities for affected individuals and communities; and
(II) Maintaining connections to ongoing care for affected individuals.
(3) The department shall:
(a) Promulgate rules as necessary for the oversight and management of the program, including allowable uses for funding allocated from the community behavioral health disaster preparedness and response cash fund created in section 25-20.5-1303. The rules promulgated pursuant to this subsection (3)(a) must encourage geographic and socioeconomic diversity of providers.
(b) Work collaboratively with community behavioral health organizations, including community mental health centers, to:
(I) Develop and monitor the expected duties and responsibilities of response coordinators;
(II) Develop measures for preparedness capabilities and a methodology for reporting on outcomes of utilized funding and report on the outcomes of utilized funding to the general assembly, as necessary; and
(III) Decide on and annually review and update, if necessary, allowable uses for the community behavioral health disaster preparedness and response cash fund created in section 25-20.5-1303;
(c) Create, define, and publish eligibility criteria for community behavioral health organizations to participate in the program, which at a minimum must consider capabilities and capacity in the following programmatic elements:
(I) Service capacity;
(II) Planning;
(III) Response strike team availability;
(IV) Training; and
(V) Culturally and linguistically appropriate services; and
(d) Provide funding to community behavioral health organizations on an annual or as-needed basis for the activities outlined in subsection (2) of this section; except that funding must not be provided to reimburse expenses incurred prior to June 28, 2021.
C.R.S. § 25-20.5-1303 Community behavioral health disaster preparedness and response cash fund
25-20.5-1303. Community behavioral health disaster preparedness and response cash fund. (1) The community behavioral health disaster preparedness and response cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of gifts, grants, and donations and any other money that the general assembly may appropriate or transfer to the fund.
(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3) Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year remains in the fund and must not be transferred to the general fund or any other fund.
(4) Money in the fund is continuously appropriated to the department for the purposes described in section 25-20.5-1302.
C.R.S. § 25-20.5-1401 Definitions
25-20.5-1401. Definitions. As used in this part 14, unless the context otherwise requires:
(1) "Community partners" means health-care providers, health-care provider trade associations, and health-care-focused nonprofit organizations.
(2) "Peer support" means programs and services that match a person with lived or occupational experience to an individual with a similar lived or occupational experience.
(3) "Pre-clinical" means nonemergency programs or services that do not require a formal referral from a primary care provider.
C.R.S. § 25-20.5-1402 Health-care workforce resilience and retention program - implementation - duties
25-20.5-1402. Health-care workforce resilience and retention program - implementation - duties. (1) Subject to available appropriations, the department shall implement the health-care workforce resilience and retention program, referred to in this section as the "program", using existing initiatives to ensure that Colorado's health-care workforce is supported in order to meet the health-care demands of Coloradans.
(2) The program is intended to support the resilience, well-being, and retention of health-care workers. Activities may include:
(a) Providing technical assistance, guidance, and funding support to community partners specific to the development of programs and services aimed at retaining health-care workers, such as best practices and strategies:
(I) That promote healthy work cultures;
(II) That promote the adoption of internal employee assistance programs;
(III) That promote external third-party support and resilience programs; and
(IV) For greater partnerships between care providers and facility and system executive leadership;
(b) Collaborative partnerships with community partners, such as the development, implementation, and evaluation of:
(I) Peer support programs and services;
(II) Pre-clinical in-person and telehealth services;
(III) Training programs; and
(IV) Recovery and resilience coaching for staff and leadership;
(c) Planning, research, and evaluation that supports the resilience, well-being, and retention of health-care workers.
(3) The department may use gifts, grants, or donations to support the program or matching funds from health-care employers.
C.R.S. § 25-20.5-1403 Health-care workforce resilience and retention cash fund
25-20.5-1403. Health-care workforce resilience and retention cash fund. (1) The health-care workforce resilience and retention cash fund, referred to in this section as the "fund", is created in the state treasury. The general assembly shall appropriate two million dollars to the fund from the economic recovery and relief cash fund created in section 24-75-228. The fund consists of gifts, grants, and donations and any other money that the general assembly may appropriate or transfer to the fund.
(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3) Any unexpended and unencumbered money in the fund remaining in the fund at the end of any fiscal year remains in the fund and is not transferred to the general fund or any other fund.
(4) Money in the fund is continuously appropriated to the department for the purposes described in section 25-20.5-1402.
C.R.S. § 25-20.5-1404 Exemption from the procurement code
25-20.5-1404. Exemption from the procurement code. Notwithstanding any other law to the contrary, the program and the expenditure of money from the fund are not subject to the provisions of the "Procurement Code", articles 101 to 112 of title 24.
C.R.S. § 25-20.5-1501 Independent study - report - repeal
25-20.5-1501. Independent study - report - repeal. (1) (a) By October 1, 2023, the department shall contract with an independent entity to conduct a study and publish a report concerning the impact and implementation of House Bill 22-1326.
(b) The department shall consult with the judicial department, the behavioral health administration, and other stakeholders identified by the department in developing and issuing a request for proposals to ensure candidates have expertise in data collection and program analysis and relevant criminal law and harm reduction issues.
(2) At a minimum, the independent entity shall identify and report findings regarding available data and information from July 1, 2019, through June 30, 2024, obtained from the Colorado judicial department and treatment providers serving the probation population. Data and information from cases filed and practices implemented prior to July 1, 2022, must be included in the study in an effort to establish baseline information, as necessary. The data and information must be reported both on a statewide basis and disaggregated by judicial district. The data and information must include, but is not limited to, every case with a charge filed pursuant to section 18-18-403.5 (2.5) for the unlawful possession of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, including:
(a) Whether a misdemeanor or felony charge was filed;
(b) Whether an arrest was made or a summons was issued for the charge;
(c) Whether another criminal charge was filed in the case, and if so, what charge;
(d) The disposition of the case, including the sentence imposed;
(e) Whether the defendant is currently serving the sentence and if the sentence includes probation supervision;
(f) Whether the defendant successfully completed the sentence, including if the defendant successfully completed an initial probationary sentence or whether probation was revoked and resulted in incarceration in jail or prison;
(g) If probation was revoked, whether the revocation was for a new criminal case or a technical violation;
(h) Whether substance use treatment was ordered and, if so, what type, including whether the court ordered placement in a residential treatment facility pursuant to section 18-1.3-410 or 18-1.3-510; and
(i) The race, gender, and age of the defendant and whether the defendant was represented by court-appointed counsel or otherwise determined to be indigent.
(3) At a minimum, the independent entity shall identify and report findings based on available data and information obtained from the behavioral health administration, the department, managed service organizations, and other applicable agencies and treatment providers regarding:
(a) The prevention and education campaign developed by the department pursuant to section 25-1.5-115.5 and the fentanyl education program developed by the behavioral health administration pursuant to section 27-80-128, including the method and reach of the campaign and program;
(b) The implementation of medication-assisted treatment and other appropriate withdrawal management care by every jail;
(c) The eligible entities that purchased opioid antagonists through the opioid antagonist bulk purchase fund pursuant to section 25-1.5-115, including the amount of opioid antagonists purchased by each eligible entity and the revenue received by the bulk purchase fund;
(d) The eligible entities that received non-laboratory synthetic opiate detection tests pursuant to section 25-1.5-115.3 and the amount of non-laboratory synthetic opiate detection tests received by each eligible entity;
ulk purchase fund pursuant to section 25-1.5-115, including the amount of opioid antagonists purchased by each eligible entity and the revenue received by the bulk purchase fund;
(d) The eligible entities that received non-laboratory synthetic opiate detection tests pursuant to section 25-1.5-115.3 and the amount of non-laboratory synthetic opiate detection tests received by each eligible entity;
(e) The harm reduction grant program, created in section 25-20.5-1101, including:
(I) The grantees, the uses of each grant, the amount of the grant award, the number of people served by the grant, and any available outcome measures as a result of the grant uses;
(II) Strategies developed and implemented through the program, if any, for serving populations who are at a higher risk of overdose and live in underserved areas; and
(III) Evidence-based research developed through the program concerning best or promising practices in overdose prevention, early intervention, harm reduction, and medication-assisted treatment;
(f) Every overdose death caused by fentanyl, carfentanil, benzimidazole opiate, or an analog thereof occurring in a jail, prison, or residential community corrections facility or while under probation, parole, or pretrial release;
(g) The managed service organization contracts developed pursuant to section 27-80-107.8 to provide short-term residential placement for withdrawal management, crisis stabilization, or medication-assisted treatment, including the number of facilities, their location, services provided, and the number of persons served; and
(h) The training and coordination efforts developed and implemented between managed service organizations, first responders, and referring entities regarding the available services to be utilized in lieu of arrest and transport to jail.
(4) The independent entity shall request all necessary data necessary to complete the study, and each agency or organization shall establish any data-sharing agreement necessary, subject to all federal and state privacy laws necessary to protect privacy, to support the study.
(5) By December 31, 2024, the independent entity shall submit a completed comprehensive report of its findings pursuant to subsection (2) of this section to the department.
(6) By January 31, 2025, the department shall publish the report on its website and shall submit the report to the judiciary committees of the house of representatives and the senate, or any successor committees.
(7) This part 15 is repealed, effective July 1, 2025.
C.R.S. § 25-20.5-1601 Overdose detection mapping application program
25-20.5-1601. Overdose detection mapping application program. On or before January 1, 2023, emergency medical service providers, emergency departments, state and local law enforcement agencies, sheriffs' offices, and coroners may participate in the web-based overdose detection mapping application program to report incidences of fatal and nonfatal drug overdoses and synthetic opiate poisonings. Emergency departments, state and local law enforcement agencies, sheriffs' offices, and coroners are encouraged to report data not more than twenty-four hours after the incident or after receiving the incident toxicology report. All incident data must be made available to the department. Notwithstanding any law to the contrary, law enforcement shall not use data from the overdose detection mapping application program for welfare checks, warrant checks, or criminal investigations.
C.R.S. § 25-20.5-1701 Colorado overdose trends review committee - recommendations - report - repeal
25-20.5-1701. Colorado overdose trends review committee - recommendations - report - repeal. (1) The department shall convene interested stakeholders for the purpose of developing recommendations for the establishment of an overdose trends review committee that would be responsible for:
(a) Identifying and reviewing certain cases of nonfatal and fatal drug-related overdoses that occur in Colorado;
(b) Identifying the causes of overdoses and overdose-related deaths and conducting a review of other factors including, but not limited to, housing status or criminal justice system involvement;
(c) Developing evidence-based recommendations to address preventable overdose-related deaths, including legislation, policies, areas for scientific research, rules, training, and best practices that support the health and safety of individuals who use substances that may cause overdoses in Colorado and prevent overdose-related deaths;
(d) Making annual policy-related and funding-related recommendations to the governor and the general assembly about drug trends, including synthetic drugs that may impact the health and well-being of Coloradans and that present a high risk for causing overdose-related deaths; and
(e) Establishing a process for data sharing between state departments, counties, and other relevant entities in order to access necessary data concerning nonfatal and fatal drug-related overdoses in Colorado.
(2) In convening the interested stakeholders pursuant to subsection (1) of this section, the department shall invite a variety of interested stakeholders, including public health experts, physicians, law enforcement, coroners, and persons who have experienced an overdose.
(3) On or before September 1, 2023, the department shall submit a report of its recommendations regarding the establishment of an overdose trends review committee to the joint budget committee and any substance use interim committee existing at that time.
(4) The department shall establish an overdose trends review committee by September 1, 2024.
C.R.S. § 25-20.5-1801 Transfer of functions - employees - property - records
25-20.5-1801. Transfer of functions - employees - property - records. (1) As of July 1, 2022, the department of public health and environment shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations of the community prevention and early intervention programs authorized pursuant to sections 27-80-103 (2)(d), 27-80-106, 27-80-117, and 27-80-124 previously administered by the department of human services.
(2) (a) As of July 1, 2022, all employees of the department of human services whose duties and functions concerned the duties and functions assumed by the department of public health and environment pursuant to this section, and whose employment in the department of public health and environment is deemed necessary to carry out the purposes of the community prevention and early intervention programs for the department, are transferred to the department of public health and environment and become employees of the department of public health and environment.
(b) Any employees transferred to the department of public health and environment pursuant to this section who are classified employees in the state personnel system retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their service is deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system must be made and processed in accordance with state personnel system laws and rules.
(3) As of July 1, 2022, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the department of human services pertaining to the duties and functions transferred pursuant to this section, are transferred to the department of public health and environment and shall become the property of the department of public health and environment.
(4) As of July 1, 2022, whenever the department of human services or department is referred to or designated by any contract or other document in connection with the duties and functions transferred to the department of public health and environment, such reference or designation is deemed to apply to the department of public health and environment. All contracts entered into by the departments prior to July 1, 2022, in connection with the duties and functions transferred to the department of public health and environment are hereby validated, with the department of public health and environment succeeding to all rights and obligations under such contracts. As of July 1, 2022, any cash funds, custodial funds, trusts, grants, and appropriations of funds from prior state fiscal years open to satisfy obligations incurred under such contracts are transferred and appropriated to the department of public health and environment for the payment of such obligations.
(5) On and after July 1, 2022, unless otherwise specified, whenever any provision of law refers to the department of human services in connection with the duties and functions transferred to the department of public health and environment, such law must be construed as referring to the department of public health and environment.
(6) As of July 1, 2022, all rules and orders of the department of human services adopted in connection with the powers, duties, and functions transferred to the department of public health and environment shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
C.R.S. § 25-20.5-1802 Colorado substance use disorders prevention collaborative - created - mission - administration - report - repeal
25-20.5-1802. Colorado substance use disorders prevention collaborative - created - mission - administration - report - repeal. (1) The department of public health and environment shall convene and administer a Colorado substance use disorders prevention collaborative with institutions of higher education, nonprofit agencies, and state agencies, referred to in this section as the "collaborative", for the purpose of gathering feedback from local public health agencies, institutions of higher education, nonprofit agencies, and state agencies concerning evidence-based prevention practices to fulfill the mission stated in subsection (2) of this section.
(2) The mission of the collaborative is to:
(a) Coordinate with and assist state agencies and communities to strengthen Colorado's prevention infrastructure and to implement a statewide strategic plan for primary prevention of substance use disorders for state fiscal years 2021-22 through 2024-25;
(b) Advance the use of tested and effective prevention programs and practices through education, outreach, advocacy, and technical assistance, with an emphasis on addressing the needs of underserved populations and communities;
(c) Direct efforts to raise public awareness of the cost savings of prevention measures;
(d) Provide direct training and technical assistance to communities regarding selection, implementation, and sustainment of tested and effective primary prevention programs;
(e) Pursue local and state policy changes that enhance the use of tested and effective primary prevention programs;
(f) Advise state agencies and communities regarding new and innovative primary prevention programs and practices;
(g) Support funding efforts in order to align funding and services and communicate with communities about funding strategies;
(h) Work with key state and community stakeholders to establish a minimum standard for primary prevention programs in Colorado; and
(i) Work with prevention specialists and existing training agencies to provide and support training to strengthen Colorado's prevention workforce.
(3) The department of public health and environment and the collaborative shall:
(a) Establish community-based prevention coalitions and delivery systems to reduce substance misuse;
(b) Implement effective primary prevention programs in Colorado communities with the goal of increasing the number of programs to reach those in need statewide; and
(c) Coordinate with designated state agencies and other organizations to provide prevention science training to systemize, update, expand, and strengthen prevention certification training and provide continuing education to prevention specialists.
(4) In order to implement and provide sustainability to the collaborative, for state fiscal years 2021-22 through 2024-25, the general assembly shall appropriate money from the marijuana tax cash fund created in section 39-28.8-501 (1) to the department of public health and environment to accomplish the mission of the collaborative.
(5) The department of public health and environment shall report its progress to the general assembly on or before September 1, 2022, and each September 1 through September 1, 2025.
(6) This section is repealed, effective September 30, 2025.
C.R.S. § 25-20.5-1901 Economic mobility program - creation - fund - reporting - legislative declaration
25-20.5-1901. Economic mobility program - creation - fund - reporting - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The COVID-19 pandemic has had devastating economic and health consequences across the state;
(b) The COVID-19 pandemic has specifically disproportionately impacted families and individuals earning low or no income and exacerbated pre-existing disparities;
(c) Economic mobility activities, such as tax credits and other investments in financial well-being, improve family resiliency and long-term health and educational outcomes for Coloradans and their families;
(d) Tax credits for families and individuals earning low or no income are associated with fewer adverse childhood events, reduced infant mortality, reduced child maltreatment, reduced trauma, and better childhood nutrition. Income from tax credits leads to benefits at virtually every stage of life, and children in families receiving the tax credits are healthier, do better in school, are more likely to attend college, and can be expected to earn more as adults.
(e) Tax credits also support local economies;
(f) Programs and services to increase awareness and uptake of assistance programs, such as tax credits available to low or no income families and individuals, will respond to the COVID-19 pandemic's negative impact in all communities; and
(g) The program created in this section and services described in this section are important government services.
(2) Subject to available appropriations, the department shall develop and implement the economic mobility program, referred to in this section as the "program", to improve health and educational outcomes associated with reduced poverty and improved economic mobility for Coloradans.
(3) (a) The economic mobility program fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (3)(d) of this section, all private and public money received through gifts, grants, or donations that is transmitted to the state treasurer and credited to the fund, and any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c) Subject to annual appropriation by the general assembly, the department may expend money from the fund for implementation of the program and for the following purposes:
(I) Outreach and engagement of and by partners who have direct connections with families and low-wage individuals and with historically disadvantaged communities to promote awareness and uptake of economic supports, including tax credits;
(II) Facilitating communication, training, and technical assistance among state agency partners, public health agencies, and community-based organizations supporting economic mobility;
(III) Grants to nonprofits, local public health agencies, and other community-based organizations who assist individuals with accessing economic supports, including those providing free low-income tax filing services through internal revenue service certified volunteer income tax assistance sites;
(IV) Grants to support enhanced infrastructure to improve access to free tax filing assistance and other economic supports through development of online platforms that provide linkages to services;
(V) Development and dissemination of communications materials related to economic mobility providing information on eligibility and directing Coloradans to resources to be able to access economic supports, including tax credits;
(VI) General operating expenses and direct and indirect program costs; and
(VII) Evaluation of evidenced-based and promising practices in economic mobility strategies.
(V) Development and dissemination of communications materials related to economic mobility providing information on eligibility and directing Coloradans to resources to be able to access economic supports, including tax credits;
(VI) General operating expenses and direct and indirect program costs; and
(VII) Evaluation of evidenced-based and promising practices in economic mobility strategies.
(d) On July 1, 2022, the state treasurer shall transfer four million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a) to the fund. Money transferred to the fund pursuant to this subsection (3)(d) is subject to the requirements for obligating and expending money received under the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended, and as defined in the federal treasury final rule.
(4) The department and any entity that receives money from the department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
C.R.S. § 25-20.5-2001 Regional health connector program - creation - third-party contract - department duties - rules - definitions
25-20.5-2001. Regional health connector program - creation - third-party contract - department duties - rules - definitions. (1) As used in this part 20, unless the context otherwise requires:
(a) "Locally based host organization" means a regional organization chosen to hire and support the regional health connector in the organization's region.
(b) "Program" means the regional health connector program created in subsection (2) of this section.
(c) "Regional health connector" means a designated person hired and supported by a locally based host organization to engage in the activities described in subsection (4) of this section.
(2) There is created in the division the regional health connector program for the purpose of convening and engaging local primary care practices, other health-care providers and partners, public health agencies, and community resources to identify and address specific health-related issues and health-related social needs in communities throughout the state. The division shall administer the program, and the department shall contract with a third-party entity to coordinate and oversee the program. The division shall promote alignment between division priorities, programs and partners, the contracted entity, and locally based host organizations.
(3) Contract applicants shall demonstrate how the applicant will:
(a) Engage and coordinate with local public health agencies, the department, and other agencies and organizations, including the department of health care policy and financing, the behavioral health administration, the division of insurance in the department of regulatory agencies, the Colorado health extension system, the primary care payment reform collaborative, health-related nonprofits, and health professional organizations;
(b) Establish and align statewide and regional health goals and priorities;
(c) Hold regional health connectors accountable for meeting objectives; and
(d) Collect and report data to the division on the effectiveness of regional health connectors.
(4) The contracted entity shall distribute money appropriated pursuant to subsection (7) of this section to each locally based host organization for the regional health connector to:
(a) Identify available resources and support existing partnerships by strengthening connections between primary care and community organizations, coordinating activities to reduce fragmentation in the health system, and integrating clinical and community-based strategies to address local priorities, health equity, and social determinants of health;
(b) Work with practice transformation organizations, practice facilitators, and clinical health information technology advisors in assisting primary care practices and other care organizations to improve care;
(c) Create and support partnership development activities among practices and local and regional community-based organizations;
(d) Collaborate with regional accountable entities, community mental health centers, local public health agencies, foundation partners, and statewide organizations;
(e) Identify and assist system navigators, including care coordinators, care managers, health navigators, and community health workers; and
development activities among practices and local and regional community-based organizations;
(d) Collaborate with regional accountable entities, community mental health centers, local public health agencies, foundation partners, and statewide organizations;
(e) Identify and assist system navigators, including care coordinators, care managers, health navigators, and community health workers; and
(f) Align with state health priorities, programs, and partners.
(5) The contracted entity may retain a percentage of the money appropriated pursuant to subsection (7) of this section for the administration of the program, and the contracted entity may subcontract with other statewide organizations and collaborate with the division to help with setting priorities and evaluating programs.
(6) The department may promulgate rules as necessary for the implementation of this part 20.
(7) (a) For the 2023-24 state fiscal year, the general assembly shall appropriate one million five hundred thousand dollars from the general fund to the department of higher education for use by the regents of the university of Colorado for allocation to the school of medicine for the purposes of section 23-21-901.
(b) For the 2024-25 state fiscal year, and each state fiscal year thereafter, the general assembly shall annually appropriate one million five hundred thousand dollars from the general fund to the department for use by the division for the purposes of this section.
C.R.S. § 25-20.5-2101 Legislative declaration
25-20.5-2101. Legislative declaration. (1) The general assembly finds and declares that:
(a) Eating disorders are increasingly recognized as a leading cause of morbidity and mortality;
(b) In 2015, Colorado had the fifth highest rate of eating disorders in the country among youth;
(c) People of color; lesbian, gay, bisexual, or transgender individuals; youth; and older Coloradans are more likely to suffer from disordered eating but less likely to receive eating disorder treatment, creating a disproportionate gap in eating disorder prevention and care; and
(d) There is limited state-specific research on disordered eating and its impacts on the state of Colorado.
(2) The general assembly finds, therefore, that to understand disordered eating and its impacts on Coloradans, the state must focus on developing research and resources to educate Coloradans on the severity of disordered eating, prevent disordered eating in Colorado, and support Coloradans who develop disordered eating. It is also important to recognize that disordered eating harms and increases the mortality rate of people of color; lesbian, gay, bisexual, or transgender individuals; youth; and older Coloradans.
C.R.S. § 25-20.5-2102 Definitions
25-20.5-2102. Definitions. As used in this part 21, unless the context otherwise requires:
(1) "Disordered eating" means a range of irregular eating disorders that may warrant a diagnosis.
(2) "Disordered eating prevention program" or "program" means the disordered eating prevention program created in section 25-20.5-2103.
(3) "Disordered eating prevention research grant program" or "grant program" means the disordered eating prevention research grant program created in section 25-20.5-2104.
(4) "Youth" means an individual who is less than twenty-five years of age.
C.R.S. § 25-20.5-2103 Disordered eating prevention program - creation - reports
25-20.5-2103. Disordered eating prevention program - creation - reports. (1) On or before July 1, 2024, the disordered eating prevention program is created in the department within the prevention services division, established in section 25-20.5-103.
(2) The division shall:
(a) Create and maintain an external-facing resource that is updated annually and includes key information about disordered eating, including risk factors and prevention factors. The external-facing resource must be culturally sensitive, and, when possible, available in both English and Spanish.
(b) Collaborate with the office of suicide prevention, created in section 25-1.5-101 (1)(w), and other programs within the division to align work focused on disordered eating, facilitate public outreach, and increase awareness regarding disordered eating prevention with a focus on impacted communities, such as youth, older Coloradans, people of color, and lesbian, gay, bisexual, and transgender individuals;
(c) Partner with the department of education to inform teachers, administrators, school staff, students, and parents on disordered eating prevention; and
(d) Coordinate the disordered eating prevention research grant program.
(3) The division may:
(a) Contract with a third party to conduct focus groups, interview key individuals, conduct surveys, and establish a collaborative group to discuss key issues regarding disordered eating prevention;
(b) Partner with the behavioral health administration, created in section 27-50-102; and
(c) Identify disordered eating prevention strategies, including dismantling discrimination and bias with regard to weight.
(4) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(5) Notwithstanding section 24-1-136 (11)(a)(I), on or before November 1, 2025, and every November 1 thereafter, the division shall submit to the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives, or any successor committees, a report that summarizes the recommendations from the information the division receives regarding the disordered eating prevention research grant program pursuant to section 25-20.5-2104 (3)(b). The division shall include in the report any findings and recommendations it has to improve disordered eating prevention in the state.
C.R.S. § 25-20.5-2104 Disordered eating prevention research grant program - creation - process - reporting requirements - definitions - repeal
25-20.5-2104. Disordered eating prevention research grant program - creation - process - reporting requirements - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Eligible applicant" means an individual, nonprofit organization, or for-profit organization that conducts research on disordered eating and prevention in youth, adults, and older Coloradans or serves youth, adults, and older Coloradans who have disordered eating traits.
(b) "Grant recipient" means an eligible applicant that the division selects to receive money through the grant program.
(2) (a) There is created in the division the disordered eating prevention research grant program. The purpose of the grant program is to provide financial assistance to eligible applicants to conduct research on the root causes of disordered eating and examine the risk factors and protective factors for disordered eating in youth, adults, and older Coloradans.
(b) On or before October 1, 2024, the division shall adopt guidelines for the grant program. The guidelines must include:
(I) Application procedures by which eligible applicants may apply for a grant pursuant to this section;
(II) Criteria to use in selecting eligible applicants to receive grant money and determining the amount of grant money to be awarded to each grant recipient;
(III) Procedures for the administration of the grant program, including the dates the department and the office of disordered eating prevention announce the grant program, begin accepting applications, allow eligible applicants to submit applications, and begin distributing grant money to the grantees; and
(IV) Reporting procedures for grant recipients.
(3) (a) Each grant recipient shall submit a written report to the division. The report must include a summary of the research made possible by the grant money.
(b) The division shall include in the report required pursuant to section 25-20.5-2103 (5) the following information regarding the administration of the grant program during the preceding year:
(I) The number of grant recipients that received money from the grant program;
(II) The amount of each grant awarded to each grant recipient;
(III) A summary of grant recipients' written reports described in subsection (3)(a) of this section.
(4) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(5) This section is repealed, effective July 1, 2027.
C.R.S. § 25-20.5-2201 Legislative declaration
25-20.5-2201. Legislative declaration. (1) The general assembly finds and declares that:
(a) A recent survey found that one in three Coloradans are "food insecure", that is, lacking reliable access to nutritious food;
(b) In addition, more than one in three adults living with children have reported regularly cutting back or skipping meals to allow their children to have enough to eat;
(c) Childhood hunger can have lifelong impacts, such as interfering with developmental and educational progress;
(d) Certain communities, including communities of color, seniors, and lower-income Coloradans, are prone to higher-than-average rates of food insecurity;
(e) Food security and housing security are closely related issues: Both are basic needs that a family must account for, and the two can become competing priorities on a limited budget. A family's ability to pay for food is directly related to the family's ability to pay for housing, and improving one will necessarily improve the other.
(f) Improving the capacity of existing small, local retailers to store and sell nutritious food can improve access, lower prices, and reduce food insecurity, particularly for Colorado families most at risk of food insecurity, while keeping more of the proceeds of economic activity in the local community; and
(g) Expanding the number of retailers selling fresh produce may also create new market opportunities for Colorado agricultural producers.
(2) Therefore, the general assembly determines that enacting legislation to further support existing nutrition access efforts will improve access to nutritious food for Coloradans, assist small businesses, and foster Colorado's agricultural industry.
C.R.S. § 25-20.5-2202 Healthy food incentives program - creation - nonprofit organization
25-20.5-2202. Healthy food incentives program - creation - nonprofit organization. (1) There is created the healthy food incentives program in the department to be administered by the division.
(2) The division shall partner with a statewide nonprofit organization to provide healthy food incentives that benefit Colorado's low-income populations. The incentives provided pursuant to the healthy food incentives program must attempt to improve access to fresh Colorado-grown fruits and vegetables within Colorado's low-income communities.
(3) The statewide nonprofit organization selected by the division for the partnership described in subsection (2) of this section must have experience supporting programs that provide healthy food incentives, such as programs at local farmers' markets, and experience with coordinating healthy food programs and coordinating funding between local, state, and federal programs.
(4) In providing the program incentives, both the division and the nonprofit organization shall minimize administrative expenses. The division shall not use more than ten thousand dollars of, and the nonprofit organization shall not use more than five percent of, the amount appropriated for the program to pay for administrative expenses.
C.R.S. § 25-20.5-2301 Definitions
25-20.5-2301. Definitions. As used in this part 23, unless the context otherwise requires:
(1) "Behavioral health entity" has the same meaning as set forth in section 27-50-101 (4).
(2) "Health-care facility" means a facility licensed or certified by the department pursuant to section 25-1.5-103.
(3) "Local team" means a multidisciplinary and multiagency drug overdose fatality review team established by a local or district public health agency.
(4) "Overdose fatality review" means a process in which a multidisciplinary team performs a series of individual overdose fatality reviews to effectively identify system gaps and innovative community-specific overdose prevention and intervention strategies.
C.R.S. § 25-20.5-2302 Establishment of overdose fatality review teams
25-20.5-2302. Establishment of overdose fatality review teams. (1) County or district public health agencies within the state may establish a multidisciplinary and multiagency overdose fatality review local team. A local team must be created pursuant to this part 23.
(2) Two or more counties may agree to jointly establish a single multicounty team.
(3) Multicounty or multidistrict team members shall enter into a memorandum of understanding among the counties or districts regarding team membership, staffing, and operations.
C.R.S. § 25-20.5-2303 Composition of overdose fatality review teams - required members - additional members - responsibilities of the chair
25-20.5-2303. Composition of overdose fatality review teams - required members - additional members - responsibilities of the chair. (1) Each local team must consist of at least five of the following individuals, organizations, agencies, and areas of expertise, if available; except that there shall not be more than one representative from law enforcement:
(a) The county or district health officer, or the officer's designee;
(b) The director of the local department of human services, or the director's designee;
(c) The local district attorney, or the district attorney's designee;
(d) The director of behavioral health services in the county, or the director's designee;
(e) A state, county, or municipal law enforcement officer;
(f) A representative of a local jail or detention center;
(g) The local medical examiner or coroner, or their designee;
(h) A health-care provider who specializes in the prevention, diagnosis, and treatment of substance use disorders;
(i) A mental health provider who specializes in substance use disorders;
(j) A representative of an emergency medical services provider in the county;
(k) A representative from parole, probation, and community corrections;
(l) A representative from a harm reduction provider;
(m) A representative with lived or living experience; and
(n) A recovery coach, peer support worker, or other representative of the recovery community.
(2) A local team may include the following additional individuals, organizations, agencies, and areas of expertise, if available, as either permanent or auxiliary members:
(a) The local superintendent of schools, or the superintendent's designee;
(b) A representative of a local hospital;
(c) A health-care provider who specializes in emergency medicine;
(d) A health-care provider who specializes in pain management;
(e) A pharmacist with a background in prescription drug misuse and diversion;
(f) A substance use disorder treatment provider from a licensed substance use disorder treatment program;
(g) A poison control center representative;
(h) A mental health provider who is a generalist;
(i) A prescription drug monitoring program administrator;
(j) A representative from a local drug court; and
(k) Any other individual necessary for the work of the local team, recommended by the local team and appointed by the chair.
(3) (a) (I) The chair of the local team must be the county or district public health director. If the county or district public health director is unable to participate, the director may designate a person employed by the county or district health agency that houses the local team to serve as the chair of the local team.
(II) If a local team is a multicounty or multidistrict team, the members of the team may vote to appoint one of the county or district public health directors to serve as chair, or appoint the director's designee, or the county or district public health directors or designees may serve as co-chairs.
(b) The chair of the local team is responsible for the following:
(I) Soliciting and recruiting the necessary and appropriate members to serve on the local team pursuant to subsections (1) and (2) of this section;
(II) Facilitating each local team meeting and implementing the protocols and procedures of the local team;
(III) Ensuring that all members of the local team and all guest observers sign confidentiality forms;
(IV) Requesting and collecting the information needed for the local team's case review;
(V) Filling vacancies on the local team when a member is no longer able to fulfill the member's duties and obligations to the local team. When a member leaves, the member should be replaced with an individual from the same or equivalent position or discipline.
(VI) Serving as a liaison for the local team when necessary.
C.R.S. § 25-20.5-2304 Purposes and duties of overdose fatality review teams
25-20.5-2304. Purposes and duties of overdose fatality review teams. (1) (a) The purpose of each local team is to:
(I) Promote cooperation and coordination among agencies involved in the investigation of drug overdose fatalities;
(II) Develop an understanding of the causes and incidence of drug overdose fatalities in the jurisdiction where the local team operates;
(III) Plan for and recommend changes within the agencies represented on the local team to prevent drug overdose fatalities; and
(IV) Advise local, regional, and state policymakers about potential changes to law, policy, funding, or practice to prevent drug overdoses.
(b) To achieve its purpose, each local team shall:
(I) Establish and implement protocols and procedures;
(II) Conduct a multidisciplinary review of information received pursuant to section 25-20.5-2305 regarding a decedent, which shall include, but not be limited to:
(A) Consideration of the decedent's points of contact with health-care systems, social services, educational institutions, child and family services, the criminal justice system, including law enforcement, and any other systems with which the decedent had contact prior to the decedent's death; and
(B) Identification of the specific factors and social determinants of health that put the decedent at risk for an overdose;
(III) Recommend prevention and intervention strategies to improve coordination of services and investigations among member agencies to reduce overdose deaths; and
(IV) Collect, analyze, interpret, and maintain local data on overdose deaths.
(c) The local team shall aggregate all information and may not share or otherwise disseminate personally identifiable information without a signed consent form from the decedent's next of kin.
(2) Each local team shall submit an annual report to the county or district public health agency or agencies served by the local team containing de-identified information specified in subsection (1) of this section.
C.R.S. § 25-20.5-2305 Overdose fatality review access to information - fees - disclosure - no liability for sharing records
25-20.5-2305. Overdose fatality review access to information - fees - disclosure - no liability for sharing records. (1) The chair of a local team may request information from a person, agency, or entity described in subsection (2) of this section as necessary to carry out the purposes and duties of the local team that are set forth in the order, agreement, or other document establishing the local team. Subject to subsection (4) of this section, but notwithstanding any other provision of state or local law to the contrary, upon written request of the chair of a local team, a person, agency, or entity shall provide the local team with the following:
(a) If the person, agency, or entity is a health-care provider, substance use disorder treatment provider, hospital, or other health-care facility or behavioral health entity, information and records maintained by the person, agency, or entity regarding the physical health, mental health, and substance use disorder treatment for a person whose death or near death is being reviewed by the local team; and
(b) If the agency or entity is a state or local government agency or entity that provided services to a person whose death or near death is being reviewed by the local team or provided services to the family of the person, information and records maintained by the agency or entity about the person, including death investigative information, medical examiner investigative information, law enforcement investigative information, emergency medical services reports, fire department records, prosecutorial records, parole and probation information and records, court records, school records, and information and records of a department of human or social services, including the local human services and public health agencies.
(2) The following persons, agencies, or entities shall comply with a records request by the chair of a local team made pursuant to subsection (1) of this section:
(a) A coroner or medical examiner;
(b) A fire department;
(c) A health-care facility;
(d) A hospital;
(e) A state or local law enforcement agency;
(f) A state or local governmental agency, including the department of human services, including the behavioral health administration; the department of public health and environment, so long as the department of public health and environment created or holds the records and the release does not violate any agreement not to release the records; the department of law; the office of state public defender; the department of corrections; and the state board of parole;
(g) A behavioral health entity;
(h) A health-care provider;
(i) A substance use disorder treatment provider;
(j) A school, including a public or private elementary, middle, junior high, or high school, or a public or private institution of postsecondary education described in title 23, including the Auraria higher education center created in article 70 of title 23;
(k) A social services provider;
(l) Ground or air ambulance service agencies; and
(m) Any other person or entity that is in possession of records that are, as determined by the local team, pertinent to the local team's investigation of an overdose fatality.
(3) (a) A person, agency, or entity shall provide requested information to the local team within ten business days after receipt of the written request, excluding weekends and holidays, unless an extension is granted by the chair of the local team. Written requests may include a request submitted via e-mail or facsimile transmission.
nent to the local team's investigation of an overdose fatality.
(3) (a) A person, agency, or entity shall provide requested information to the local team within ten business days after receipt of the written request, excluding weekends and holidays, unless an extension is granted by the chair of the local team. Written requests may include a request submitted via e-mail or facsimile transmission.
(b) A person, agency, or entity that receives a records request from a local team pursuant to this section may charge the local team a reasonable fee for the service of duplicating any records requested by the local team.
(4) The disclosure or redisclosure, in accordance with this section, of a medical record developed in connection with the provision of substance use treatment services, without the authorization of a person in interest, is subject to any limitations that exist pursuant to applicable state or federal law, including a state law listed in section 25-1-1202, 42 U.S.C. sec. 290dd-2, and 42 CFR 2.
(5) Notwithstanding any law to the contrary, the local team does not need an administrative subpoena or other form of legal compulsion to receive requested records.
(6) The chair of a local team, or the chair's designee, may request a person whose overdose is under review or, if deceased, the person's next of kin to sign a consent form for the release of confidential information.
(7) So long as each individual present at a local team meeting has signed the confidentiality form described in section 25-20.5-2306, any information received by the chair of the local team in response to a request under this section may be shared at a local team meeting with local team members and any nonmember attendees.
(8) A person, agency, or entity that provides information or records to a local team pursuant to this part 23 is not subject to civil or criminal liability or any professional disciplinary action pursuant to state law as a result of providing the information or record.
(9) A member of the local team may contact, interview, or obtain information by request from a family member or friend of a person whose death is being reviewed by the local team.
C.R.S. § 25-20.5-2306 Confidentiality - closed meetings - records not open to inspection - civil liability
25-20.5-2306. Confidentiality - closed meetings - records not open to inspection - civil liability. (1) Local team meetings in which confidential information is discussed are exempt from the open meetings provisions of the "Colorado Sunshine Act of 1972", part 4 of article 6 of title 24, and must be closed to the public.
(2) (a) Upon request of a local team, a person who is not a member of a local team may attend and participate in a meeting at which a local team reviews confidential information and considers a plan, an intervention, or other course of conduct based on that review.
(b) A local team member and any nonmember in attendance at a local team meeting shall sign a confidentiality form and review the purpose and goal of the local team before the person may participate in the review of confidential information. The confidentiality form must set out the requirements for maintaining the confidentiality of any information disclosed during the meeting and any penalties associated with failure to maintain confidentiality.
(3) Information and records acquired by a local team are confidential and are not subject to subpoena, discovery, or introduction into evidence in a civil or criminal proceeding or disciplinary action. Information and records that are otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because the information or record was presented to or reviewed by a local team.
(4) Information and records acquired or created by a local team are not subject to inspection pursuant to the "Colorado Open Records Act", part 2 of article 72 of title 24.
(5) Substance use disorder treatment records requested or provided to the local team are subject to any additional limitations on redisclosure of a medical record developed in connection with the provisions of substance use disorder treatment services pursuant to applicable state or federal law, including a state law listed in section 25-1-1202, 42 U.S.C. sec. 290dd-2, and 42 CFR 2.
(6) Local team members and a person who presents or provides information to a local team may not be questioned in any civil or criminal proceeding or disciplinary action regarding the information presented or provided. This subsection (6) does not prevent a person from testifying regarding information obtained independently of the local team or testifying as to public information.
(7) A local team and any nonmember participating in an overdose fatality review shall maintain the confidentiality of information provided to the local team as required by state and federal law. A member of a local team or a participating nonmember who shares confidential information in violation of this section is immune from civil and criminal liability if the person acted in good faith compliance with the provisions of this part 23.
(8) A person who knowingly violates the confidentiality provisions of this part 23 is subject to a civil penalty of up to one thousand dollars.
(9) This section does not prohibit a local team from requesting the attendance at a team meeting of a person who has information relevant to the team's exercise of its purpose and duties.
C.R.S. § 25-20.5-2307 Prohibition against any law enforcement use
25-20.5-2307. Prohibition against any law enforcement use. Notwithstanding any provision of law to the contrary, law enforcement shall not use information from any overdose fatality review for any law enforcement purpose, including surveillance, increased law enforcement presence, welfare checks, warrant checks, or criminal investigations.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-25.docxFetched: 10/6/2026