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Records - Colo. Rev. Stat. § 27-65-121
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Mental health records are confidential and privileged to the patient, and may only be disclosed according to the statute, or the accompanying regulation which can be found at Colo. Code Regs. §§ 502-1:21.170.2; 502-1:21.170.3. This statute does not compel a provider to disclose confidential information obtained from a patient’s family member.
Disclosure With Consent:
A patient may consent to the disclosure of information relating to their mental health treatment. A guardian or conservator may consent on behalf of a ward or conservatee in writing.
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
· Between providers for purposes of providing services
· As necessary to submit a claim for benefits or insurance
· For research purposes, provided that the researchers sign an oath of confidentiality
· To a patient’s adult family member both fact and location of admission with regard to a patient admitted into inpatient or residential care.
Disclosure Pursuant to Court Order:
Mental health treatment information may be disclosed “[t]o the courts, as necessary to the administration of the provisions of this article.”
Current as of June 2015