Amendments for HB25-1087
House Journal, February 19
39 HB25-1087 be amended as follows, and as so amended, be referred to
40 the Committee of the Whole with favorable
41 recommendation:
42
43 Amend printed bill, strike everything below the enacting clause and
44 substitute:
45
46 "SECTION 1. In Colorado Revised Statutes, add 12-30-125 as
47 follows:
48 12-30-125. Peer support team members - disclosure of
49 confidential information - not regulated by division - definitions.
50 (1) (a) A PEER SUPPORT TEAM MEMBER SHALL NOT DISCLOSE, WITHOUT
51 THE CONSENT OF THE RECIPIENT OF PEER SUPPORT SERVICES, THE
52 CONFIDENTIAL COMMUNICATIONS THAT ARE MADE BY THE RECIPIENT
53 DURING A PEER SUPPORT INTERACTION. A RECIPIENT OF PEER SUPPORT
54 SERVICES WHO PARTICIPATES IN GROUP PEER SUPPORT SERVICES SHALL
1 NOT DISCLOSE INFORMATION THAT WAS COMMUNICATED BY OTHER
2 RECIPIENTS OF GROUP PEER SUPPORT SERVICES DURING THE COURSE OF
3 GROUP PEER SUPPORT SERVICES WITHOUT THE CONSENT OF THE
4 INDIVIDUAL TO WHOM THE INFORMATION RELATES.
5 (b) SUBSECTION (1)(a) OF THIS SECTION APPLIES ONLY TO
6 COMMUNICATIONS MADE DURING INTERACTIONS IN WHICH A PEER
7 SUPPORT TEAM MEMBER IS:
8 (I) ACTING IN THE INDIVIDUAL'S OFFICIAL CAPACITY AS A PEER
9 SUPPORT TEAM MEMBER OF THE PEER SUPPORT ORGANIZATION; AND
10 (II) FUNCTIONING WITHIN THE WRITTEN PEER SUPPORT GUIDELINES
11 THAT ARE IN EFFECT FOR THE PEER SUPPORT ORGANIZATION.
12 (c) SUBSECTION (1)(a) OF THIS SECTION DOES NOT APPLY IN CASES
13 IN WHICH:
14 (I) A PEER SUPPORT TEAM MEMBER WAS A WITNESS OR A PARTY TO
15 AN INCIDENT THAT PROMPTED THE DELIVERY OF PEER SUPPORT SERVICES;
16 (II) A RECIPIENT OF PEER SUPPORT SERVICES ADMITS TO
17 COMMITTING A CRIME OR PROVIDES INFORMATION PERTAINING TO THE
18 INDIVIDUAL'S SELF OR OTHERS THAT IS INDICATIVE OF CRIMINAL CONDUCT,
19 INCLUDING A COMMITTED CRIME, A PLAN OR INTENTION TO COMMIT A
20 CRIME, OR A PLAN OR INTENTION TO CONCEAL A CRIME;
21 (III) IN RELATION TO A RECIPIENT OF PEER SUPPORT SERVICES, ONE
22 OR MORE OF THE CRITERIA DESCRIBED IN SECTION 13-90-107 (1)(m)(V)
23 ARE MET;
24 (IV) A RECIPIENT OF PEER SUPPORT SERVICES MAKES AN
25 ARTICULABLE AND SIGNIFICANT THREAT AGAINST, OR EXHIBITS
26 BEHAVIORS THAT IN THE REASONABLE JUDGMENT OF A PEER SUPPORT
27 TEAM MEMBER CREATE AN ARTICULABLE AND SIGNIFICANT THREAT
28 AGAINST, THE HEALTH OR SAFETY OF ANOTHER INDIVIDUAL, INCLUDING
29 UNIDENTIFIED INDIVIDUALS BELONGING TO AN IDENTIFIABLE GROUP, SUCH
30 AS A GROUP OF SCHOOL STUDENTS, TEACHERS, ADMINISTRATORS, OR
31 OTHER SCHOOL PERSONNEL; OR
32 (V) A RECIPIENT OF PEER SUPPORT SERVICES MAKES AN
33 ARTICULABLE AND SIGNIFICANT THREAT INVOLVING, OR EXHIBITS
34 BEHAVIORS THAT IN THE REASONABLE JUDGMENT OF A PEER SUPPORT
35 TEAM MEMBER CREATE AN ARTICULABLE AND SIGNIFICANT THREAT
36 INVOLVING, THE DAMAGE OR DESTRUCTION OF PRIVATE OR PUBLIC
37 PROPERTY, INCLUDING A SCHOOL, BUILDING, STRUCTURE, OR NATURAL
38 AREA.
39 (d) A PEER SUPPORT TEAM MEMBER WHO DISCLOSES INFORMATION
40 UNDER SUBSECTION (1)(c) OF THIS SECTION SHALL LIMIT THE DISCLOSURE
41 TO THE APPROPRIATE INDIVIDUAL, SCHOOL OR SCHOOL DISTRICT
42 PERSONNEL, AND LAW ENFORCEMENT AGENCIES.
43 (e) A PEER SUPPORT TEAM MEMBER WHO DISCLOSES OR DOES NOT
44 DISCLOSE A CONFIDENTIAL COMMUNICATION WITH A RECIPIENT OF PEER
45 SUPPORT SERVICES IN ACCORDANCE WITH SUBSECTION (1)(c) OF THIS
46 SECTION IS NOT LIABLE FOR DAMAGES IN A CIVIL ACTION FOR DISCLOSING
47 OR NOT DISCLOSING THE COMMUNICATION.
48 (2) (a) AN INDIVIDUAL ENGAGING IN GROUP PEER SUPPORT
49 SERVICES AS A PEER SUPPORT TEAM MEMBER IS NOT SUBJECT TO
50 LICENSURE, CERTIFICATION, REGISTRATION, OR OTHER REGULATION BY
51 THE DIVISION OR THE DEPARTMENT.
52 (b) AN INDIVIDUAL ENGAGING IN GROUP PEER SUPPORT SERVICES
53 AS A PEER SUPPORT TEAM MEMBER IS NOT SUBJECT TO DISCIPLINE,
54 ENFORCEMENT, OR REVIEW PURSUANT TO PART 4 OF ARTICLE 20 OF THIS
55 TITLE 12.
56
1 (3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
2 REQUIRES:
3 (a) "GROUP PEER SUPPORT SERVICES" HAS THE MEANING SET
4 FORTH IN SECTION 13-90-107 (1)(m)(III)(D).
5 (b) "PEER SUPPORT TEAM MEMBER" MEANS A DISTRICT ATTORNEY
6 OR PUBLIC DEFENDER PEER SUPPORT TEAM MEMBER, AS DEFINED IN
7 SECTION 13-90-107 (1)(m)(III)(B); AN EMERGENCY MEDICAL SERVICE
8 PROVIDER OR RESCUE UNIT PEER SUPPORT TEAM MEMBER, AS DEFINED IN
9 SECTION 13-90-107 (1)(m)(III)(C); OR A LAW ENFORCEMENT OR
10 FIREFIGHTER PEER SUPPORT TEAM MEMBER, AS DEFINED IN SECTION
11 13-90-107 (1)(m)(III)(E).
12 SECTION 2. In Colorado Revised Statutes, 12-245-220, amend
13 (2) introductory portion and (2)(d)(I) as follows:
14 12-245-220. Disclosure of confidential communications -
15 definitions. (2) Subsection (1) of this section does not apply and a person
16 LICENSEE, REGISTRANT, OR CERTIFICATE HOLDER may disclose
17 confidential information when:
18 (d) (I) A client, regardless of age:
19 (A) Makes an articulable and significant threat against a school or
20 the occupants of a school AN INDIVIDUAL OR THEMSELF OR MAKES AN
21 ARTICULABLE AND SIGNIFICANT THREAT THAT, IF CARRIED OUT, WOULD
22 RESULT IN HARM TO AN INDIVIDUAL OR THEMSELF; or
23 (B) Exhibits behaviors that, in the reasonable judgment of the
24 licensee, registrant, or certificate holder, create an articulable and
25 significant threat to the health or safety of students, teachers,
26 administrators, or other school personnel AN INDIVIDUAL OR THEMSELF.
27 SECTION 3. Act subject to petition - effective date. This act
28 takes effect at 12:01 a.m. on the day following the expiration of the
29 ninety-day period after final adjournment of the general assembly; except
30 that, if a referendum petition is filed pursuant to section 1 (3) of article V
31 of the state constitution against this act or an item, section, or part of this
32 act within such period, then the act, item, section, or part will not take
33 effect unless approved by the people at the general election to be held in
34 November 2026 and, in such case, will take effect on the date of the
35 official declaration of the vote thereon by the governor.".
36
37
House Journal, February 26
54 Amendment No. 1, Health & Human Services Report, dated February 19,
55 2025, and placed in member’s bill file; Report also printed in House
56 Journal, February 20, 2025.
1 Amendment No. 2, by Representative Armagost:
2
3 Amend the Health and Human Services Committee Report, dated
4 February 19, 2025, page 2, strike lines 32 through 39 and substitute:
5
6 "(2) (a) AN INDIVIDUAL ENGAGING IN PEER SUPPORT SERVICES AS
7 A PEER SUPPORT TEAM MEMBER IS NOT SUBJECT TO LICENSURE,
8 CERTIFICATION, REGISTRATION, OR OTHER REGULATION BY THE DIVISION
9 OR THE DEPARTMENT FOR THE INDIVIDUAL'S ROLE AS A PEER SUPPORT
10 TEAM MEMBER; HOWEVER, THE INDIVIDUAL MAY BE SUBJECT TO
11 LICENSURE, CERTIFICATION, REGISTRATION, OR OTHER REGULATION FOR
12 ACTIVITIES REGULATED BY THE DIVISION OR THE DEPARTMENT.
13 (b) AN INDIVIDUAL ENGAGING IN PEER SUPPORT SERVICES AS A
14 PEER SUPPORT TEAM MEMBER IS NOT SUBJECT TO DISCIPLINE,
15 ENFORCEMENT, OR REVIEW PURSUANT TO PART 4 OF ARTICLE 20 OF THIS
16 TITLE 12 FOR THE INDIVIDUAL'S ROLE AS A PEER SUPPORT TEAM MEMBER;
17 HOWEVER, THE INDIVIDUAL MAY BE SUBJECT TO DISCIPLINE,
18 ENFORCEMENT, OR REVIEW FOR ACTIVITIES REGULATED BY THE DIVISION
19 OR THE DEPARTMENT.".
20
21 As amended, ordered engrossed and placed on the Calendar for Third
22 Reading and Final Passage.
23
Senate Journal, March 27
After consideration on the merits, the Committee recommends that HB25-1087 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.
Amend reengrossed bill, page 5, line 8, strike "portion and (2)(d)(I)" and
substitute "portion, (2)(d)(I), and (2)(d)(II)".
Page 5, after line 21 insert:
"(II) A licensee, registrant, or certificate holder who discloses
information under this subsection (2)(d) shall limit the disclosure to appropriate
school or school district personnel, and law enforcement agencies, AND THE
INDIVIDUAL WHO IS THE SUBJECT OF THE THREAT. School or school district
personnel to whom the information is disclosed shall maintain confidentiality
of the disclosed information, regardless of whether the information constitutes
an education record subject to FERPA, consistent with the requirements of
FERPA and regulations and applicable guidelines adopted under FERPA, but
may disclose information in accordance with section 1232g (b)(1) of FERPA
and 34 CFR 99.36 if necessary to protect the health or safety of students or
other persons.".
Senate Journal, April 3
HB25-1087 by Representative(s) Armagost and Bird; also Senator(s) Pelton R. and Michaelson Jenet-
-Concerning confidentiality requirements for individuals providing mental health support.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, March 27, page(s) 583 and placed in members' bill files.)
Amendment No. 2(L.007), by Senator PeltonR.
Amend reengrossed bill, page 5, after line 6 insert:
"(4) NOTHING IN THIS SECTION PROHIBITS ANY OTHER DISCLOSURES
REQUIRED BY LAW.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.