Colo. Rev. Stat. § 27-81-102

Current through 11/5/2024 election

Section 27-81-102 - Definitions

As used in this article 81, unless the context otherwise requires:

(1) "Administrator" means the administrator of an approved treatment facility or an individual authorized in writing to act as the administrator's designee.

(1.2) "Alcohol use disorder" means a chronic relapsing brain disease characterized by recurrent use of alcohol causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, and home.

(2) "Approved private treatment facility" means a private agency meeting the standards prescribed in section 27-81-106 (1) and approved under section 27-81-106.

(3) "Approved public treatment facility" means a treatment agency operating under the direction and control of or approved by the BHA or providing treatment pursuant to this article 81 through a contract with the BHA pursuant to section 27-81-105 (7) and meeting the standards prescribed in section 27-81-106 (1) and approved pursuant to section 27-81-106.

(3.3) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-50-102.

(3.5) "Behavioral health entity" has the same meaning as defined in section 27-50-101.

(3.7) "Commissioner" means the commissioner of the behavioral health administration.

(4) "Court" means the district court in the county in which the person named in a petition filed pursuant to this article resides or is physically present. In the city and county of Denver, "court" means the probate court.

(5) "Department" means the department of human services created in section 26-1-105, C.R.S.

(6) Repealed.

(6.5) "Drug" means a controlled substance, as defined in section 18-18-102 (5), and toxic vapors.

(6.8) "Emergency medical services facility" has the same meaning as set forth in section 27-65-102.

(7) "Emergency service patrol" means a patrol established under section 27-81-115.

(8) Repealed.

(9) "Incapacitated by alcohol" means that a person, as a result of the use of alcohol, is unconscious, has his or her judgment otherwise so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment, is unable to take care of his or her basic personal needs or safety, or lacks sufficient understanding or capacity to make or communicate rational decisions about himself or herself.

(9.2) "Incapacitated by drugs" means that a person, as a result of the use of drugs, is unconscious or has judgment otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment, is unable to take care of basic personal needs or safety, or lacks sufficient understanding or capacity to make or communicate rational decisions concerning himself or herself.

(9.4) "Incapacitated by substances" means that a person is incapacitated by alcohol or is incapacitated by drugs.

(10) Repealed.

(11) "Intoxicated person" or "person intoxicated by alcohol" means a person whose mental or physical functioning is temporarily but substantially impaired as a result of the presence of alcohol in his or her body.

(12) "Licensed physician" means either a physician licensed by the state of Colorado or a hospital-licensed physician employed by the admitting facility.

(13) "Minor" means a person under the age of eighteen years.

(13.5) Repealed.

(13.6) "Person under the influence of drugs" means any person whose mental or physical functioning is temporarily but substantially impaired as a result of the presence of drugs in the person's body.

(13.7) "Public funds" means money appropriated to the behavioral health administration by the general assembly or any other governmental or private sources for withdrawal management in approved facilities pursuant to this article 81.

(13.8) "Substance use disorder" means a chronic relapsing brain disease, characterized by recurrent use of alcohol, drugs, or both, causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home.

(13.9) "Toxic vapors" means a substance or product containing such substances as defined in section 18-18-412 (3).

(14) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling that may be extended to a person with a substance use disorder, a person incapacitated by substances, a person under the influence of drugs, and a person intoxicated by alcohol.

(15) Repealed.

C.R.S. § 27-81-102

Amended by 2024 Ch. 199,§ 1, eff. 5/17/2024.

Amended by 2022 Ch. 222, § 239, eff. 7/1/2024.

Amended by 2022 Ch. 222, § 176, eff. 7/1/2022.

Amended by 2022 Ch. 123, § 120, eff. 7/1/2022.

Amended by 2021 Ch. 423, § 26, eff. 7/2/2021.

Amended by 2020 Ch. 286, § 12, eff. 7/13/2020.

Amended by 2019 Ch. 413, § 20, eff. 7/1/2022.

L. 2010: Entire article added with relocations, (SB 10-175), ch. 732, p. 732, § 2, effective April 29. L. 2011: (10) repealed, (HB 11-1303), ch. 1172, p. 1172, § 81, effective August 10. L. 2017: IP, (1), (3), (6), and (14) amended, (13.5) added, and (15) repealed, (SB 17-242), ch. 1362, p. 1362, § 271, effective May 25. L. 2019: (1) amended and (3.5) and (13.7) added, (HB 19-1237), ch. 3644, p. 3644, § 20, effective 7/1/2022. L. 2020: (1) and (14) amended and (1.2), (6.5), (9.2), (9.4), (13.6), (13.8), and (13.9) added, (SB 20-007), ch. 1392, p. 1392, § 12, effective July 13. L. 2021: (13.8) amended, (SB 21-266), ch. 2803, p. 2803, § 26, effective July 2.

(1) This section is similar to former § 25-1-302 as it existed prior to 2010.

(2) The provisions of this section are similar to several former provisions of § 27-82-102 as they existed prior to 2020. For a detailed comparison of this section, see SB 20-007, L. 2020, p. 1392.

(3) (a) Subsection (13.8) is similar to former § 27-82-102 (13.5) as it would have become effective July 1, 2022.

(b) Subsection (13.8) was added in 2020 by SB 20-007, effective July 1, 2022. It was subsequently amended in SB 21-266 to give it effect July 2, 2021.

(4) Subsection (3.5)(a) was amended in HB 22-1295. Those amendments were superseded by the amendment of subsection (3.5) in HB 22-1278, effective July 1, 2024.

For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.