Section 27-65-118 - Right to treatment - rules(1)(a) Any person receiving an evaluation or treatment pursuant to this article 65 is entitled to medical and psychiatric care and treatment, with regard to services listed in section 27-66-101 and services listed in rules authorized by section 27-66-102, suited to meet the person's individual needs, delivered in such a way as to keep the person in the least restrictive environment, and delivered in such a way as to include the opportunity for participation of family members in the person's program of care and treatment, when appropriate. Nothing in this subsection (1)(a) creates any right with respect to any person other than the person receiving an evaluation, care, or treatment. The professional person and the agency or facility providing an evaluation, care, or treatment shall keep records detailing all care and treatment received by the person, and the records must be made available, upon the person's written authorization, to the person's attorney or the person's personal physician. The records are permanent records and must be retained in accordance with section 27-65-123 (4).(b) Any person receiving an evaluation or treatment pursuant to this article 65 may petition the court pursuant to section 13-45-102, for release to a less restrictive setting within or without a treating facility or release from a treating facility when adequate medical and psychiatric care and treatment are not administered.(2) The BHA shall promulgate rules to assure that each agency or facility providing an evaluation, care, or treatment requires the following: (a) Consent for specific therapies and major medical treatment in the nature of surgery. The nature of the consent, by whom it is given, and under what conditions, is determined by rules of the BHA.(b) The order of a physician for any treatment or specific therapy based on appropriate medical examinations;(c) Notation in the patient's treatment record of periodic examinations, evaluations, orders for treatment, and specific therapies, signed by personnel involved;(d) Conduct according to the guidelines contained in the regulations of the federal government and the rules of the BHA with regard to clinical investigations, research, experimentation, and testing of any kind; and(e) Documentation of the findings, conclusions, and decisions in any administrative review of a decision to release or withhold the information requested by a family member or lay person pursuant to section 27-65-123 (1)(g) or (1)(h) and documentation of any information given to a family member or lay person.Amended by 2022 Ch. 451, § 1, eff. 8/10/2022.Amended by 2022 Ch. 222, § 119, eff. 7/1/2022.L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 693, § 2, effective April 29.(1) This section is similar to former § 27-65-116 as it existed prior to 2022.
(2) Subsection IP(2) was numbered as § 27-65-116 IP(2) in HB 22-1278 (see L. 2022, p. 1540). That provision was harmonized with subsection IP(2) of this section as it appears in HB 22-1256.
(3) Subsection (2)(a) was numbered as § 27-65-116 (2)(a) in HB 22-1278 (see L. 2022, p. 1541). That provision was harmonized with subsection (2)(a) of this section as it appears in HB 22-1256.
(4) Subsection (2)(d) was numbered as § 27-65-116 (2)(d) in HB 22-1278 (see L. 2022, p. 1541). That provision was harmonized with subsection (2)(d) of this section as it appears in HB 22-1256.
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).