HB 26-1116

HB 26-1116 is a Colorado bill that aims to improve mental health care and support for individuals with behavioral health disorders. It aligns the emergency commitment process for substance abuse and mental health issues, allows courts to require defendants to participate in mental health treatment as part of their discharge plan, and extends the follow-up period after an individual's release from emergency mental health hold from 48 hours to 72 hours. Additionally, it updates licensing requirements for behavioral health entities by allowing certain exceptions for telehealth services and outpatient care facilities. The bill has been signed into law, meaning its provisions are now in effect and being implemented.

Official Summary

The bill aligns the process for invoking an emergency commitment for an individual under the influence of or incapacitated by substances with the process for invoking an emergency mental health hold.      For a criminal defendant who has completed a competency evaluation, the bill authorizes the department of human services to include in its discharge plan and plan for community-based restoration services a component of mental health treatment and ongoing clinical support. The bill authorizes a court to include, in an order regarding the custody of the defendant and the defendant's bond status, a requirement for the defendant to participate in mental health treatment.     After an individual has been discharged from the a facility where the an individual was held for an emergency mental health hold, current law requires the facility to attempt to follow up with the individual at least 48 hours after discharge. The bill extends the time to attempt to follow up with the individual to 72 hours.     The behavioral health administration (BHA) shall only issue or renew a license for a behavioral health entity if the BHA receives a certificate of compliance for the applicant's building or structure from the division of fire prevention and control. The bill adds the following exceptions to this requirement:An applicant that provides only telehealth services is not required to receive a certificate of compliance; andAn applicant that provides only outpatient services may receive a certificate of compliance from the division of fire prevention and control based on inspections conducted by a fire department that employs a certified inspector rather than from the division of fire prevention and control.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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