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CO HB1063

Bill

Status

Passed

5/18/2016

Primary Sponsor

Mike Foote

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Creates exception to mental health professional-client privilege allowing disclosure of confidential communications when client makes articulable and significant threat against a school or poses threat to health or safety of school personnel and students.

  • Requires disclosure be limited to appropriate school or school district personnel and law enforcement agencies, with recipients maintaining confidentiality consistent with FERPA requirements.

  • Provides liability protection for mental health professionals who disclose or fail to disclose communications in accordance with this exception, while preserving existing duties under Section 13-21-117.

  • Applies to all clients regardless of age and covers licensees, registrants, and certificate holders as mental health professionals, with "school" defined broadly to include preschools through postsecondary institutions.

  • Requires Department of Human Services to apply for HIPAA privacy rule exception within 30 days; provision repeals December 31, 2017 if federal exception is not granted or if granted.

Legislative Description

Mental Hlth Professional Disclosure School Safety

Last Action

Governor Signed

5/18/2016

Committee Referrals

Health and Human Services3/4/2016
Committee of the Whole2/11/2016
Judiciary1/13/2016

Full Bill Text

No bill text available