27-65-103. Voluntary applications for mental health services.

Statute text

(1) Nothing in this article 65 in any way limits the right of any person to make a voluntary application at any time to any public or private agency or professional person for mental health services, either by direct application in person or by referral from any other public or private agency or professional person. Subject to section 15-14-316 (4), a ward, as defined in section 15-14-102 (15), may be admitted to a hospital or institutional care and treatment for a mental health disorder with the guardian's consent for as long as the ward agrees to such care and treatment. The guardian shall immediately notify in writing the court that appointed the guardian of the admission.

(2) For the purpose of this article 65, the treatment by prayer in the practice of the religion of any church that teaches reliance on spiritual means alone for healing is considered a form of treatment.

(3) The medical and legal status of all voluntary patients receiving treatment for mental health disorders in inpatient or custodial facilities must be reviewed at least once every six months.

(4) Voluntary patients are afforded all the rights and privileges customarily granted by hospitals to their patients.

(5) (a) If at any time during an emergency mental health hold of a person who is confined involuntarily the facility staff requests the person to sign in voluntarily and the person elects to do so, the following advisement shall be given orally and in writing and an appropriate notation shall be made in the person's medical record by the professional person or the professional person's designated agent:

 

NOTICE

 

The decision to sign in voluntarily should be made by you alone and should be free from any force or pressure implied or otherwise. If you do not feel that you are able to make a truly voluntary decision, you may continue to be held at the hospital involuntarily. As an involuntary patient, you will have the right to protest your confinement and request a hearing before a judge.

(b) This subsection (5) does not apply to a person on an emergency mental health hold in an emergency medical services facility.

History

Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3175, 1, effective August 10.

Annotations

Editor's note: This section is similar to former 27-65-103 as it existed prior to 2022.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Commitment Procedures in Colorado", see 29 Dicta 273 (1952). For article, "Legal But Not Fair: Legal Implications of a Mental Illness Medical Model", see 11 Colo. Law. 1234 (1982). For article, "Legislative Update", see 12 Colo. Law. 1251 (1983). For article, "Legislative Update", see 13 Colo. Law. 1419 (1984). For article, "Nailing Jello to the Wall: Colorado Regulates Psychotherapists", see 19 Colo. Law. 71 (1990).

No limit on right to seek voluntary treatment. This article is to be strictly construed to see that no limit is placed on a person's right to seek voluntary treatment. People v. Taylor, 618 P.2d 1127 (Colo. 1980) (decided prior to 2010 amendments to this article).