Colorado Medical Privacy Laws

A bill now wending its way through the Colorado Senate (SB01-061) lists the statutes in this state that govern medical record confidentiality. These laws currently include:

(a) Section 6-18-103, C.R.S., concerning use of information by health care cooperatives;
(b) Section 8-43-404, C.R.S., concerning examinations by a physician or chiropractor for the purposes of workers' compensation;
(c) Section 8-43-501, C.R.S., concerning utilization review related to workers' compensation;
(d) Section 8-73-108, C.R.S., concerning the award of benefits for unemployment compensation benefits;
(e) Section 10-3-1104.7, C.R.S., concerning the confidentiality and use of genetic testing information;
(f) Section 10-16-113, C.R.S., concerning the procedures related to the denial of health benefits by an insurer;
(g) Section 10-16-113.5, C.R.S., concerning the use of independent external review when health benefits have been denied;
(h) Section 10-16-423, C.R.S., concerning the confidentiality of medical information in the custody of a health maintenance organization;
(i) Section 12-32-108.3, C.R.S., concerning disciplinary actions against podiatrists;
(j) Section 12-33-126, C.R.S., concerning disciplinary actions against chiropractors;
(k) Section 12-35-118, C.R.S., concerning disciplinary actions against dentists and dental hygienists;
(l) Section 12-36-118, C.R.S., concerning disciplinary actions against physicians;
(m) Section 12-36-135 (1), C.R.S., concerning reporting requirements for physicians pertaining to certain injuries;
(n) Section 12-36.5-104, C.R.S., concerning professional review committees for physicians;
(o) Section 12-36.5-104.4, C.R.S., concerning hospital professional review committees;
(p) Section 12-37.5-104, C.R.S., concerning reporting requirements by physicians related to abortions for minors;
(q) Section 12-38-116.5, C.R.S., concerning disciplinary proceedings against a practical nurse, a professional nurse, or a psychiatric technician;
(r) Section 12-43-218, C.R.S., concerning the disclosure of confidential communications by a mental health professional;
(s) Section 12-43-224 (4), C.R.S., concerning disciplinary proceedings against a mental health professional;
(t) Section 13-21-110, C.R.S., concerning confidentiality of information, data, reports, or records of a utilization review committee of a hospital or other health care facility;
(u) Section 13-21-117, C.R.S., concerning civil liability of a mental health professional, mental health hospital, community mental health center, or clinic related to a duty to warn or protect;
(v) Sections 13-22-101 to 13-22-106, C.R.S., concerning the age of competence for certain medical procedures;
(w) Section 13-64-502, C.R.S., concerning civil liability related to genetic counseling and screening and prenatal care, or arising from or during the course of labor and delivery, or the period of postnatal care in a health institution;
(x) Section 13-80-103.7, C.R.S., concerning a limited waiver of medical information in civil actions related to sexual assault or sexual offenses against a child;
(y) Section 13-90-107 (1) (d), C.R.S., concerning when a physician, surgeon, or registered professional nurse may testify related to the care and treatment of a person;
(z) Section 14-10-124, C.R.S., concerning the best interests of a child for the purposes of a separation or dissolution of marriage;
(aa) Section 14-10-127, C.R.S., concerning the allocation of parental responsibilities with respect to a child;
(bb) Section 17-27.1-101 (4), C.R.S., concerning nongovernmental facilities for offenders and the waiver of confidential information;
(cc) Section 18-3-203 (1) (f.5), C.R.S., concerning assault in the second degree and the availability of medical testing for certain circumstances;
(dd) Sections 18-6-101 to 18-6-104 C.R.S., concerning a justified medical termination of pregnancy;
(ee) Section 18-4-412, C.R.S., concerning theft of medical records or medical information;
(ff) Section 18-18-503, C.R.S., concerning cooperative agreements to control substance abuse;
(gg) Section 19-3-304, C.R.S., concerning persons required to report child abuse or neglect;
(hh) Section 19-3-305, C.R.S., concerning postmortem investigation related to the death of a child;
(ii) Section 19-5-306, C.R.S., concerning evidence of abuse or neglect of a child;
(jj) Section 19-5-103 (2), C.R.S., concerning relinquishment of rights concerning a child;
(kk) Section 19-5-305, C.R.S., concerning access to adoption records;
(ll) Section 22-1-123 (5), C.R.S., concerning the protection of student data;
(mm) Sections 22-32-109.1 (6) and 22-32-109.3 (2), C.R.S., concerning specific powers and duties of the state board of education;
(nn) Section 22-64-216, C.R.S., concerning confidentiality of records maintained by school district retirement plans;
(oo) Section 24-51-213, C.R.S., concerning confidentiality of records maintained by the public employees' retirement association;
(pp) Section 24-72-204 (3), C.R.S., concerning public records not open to public inspection;
(qq) Section 25-1-122, concerning reporting of certain diseases and conditions for investigation of epidemic and communicable diseases, morbidity and mortality, cancer in connection with the statewide cancer registry, environmental and chronic diseases, venereal diseases, tuberculosis, and rabies and mammal bites by the department of public health and environment;
(rr) Section 25-1-124 (2), concerning health care facilities and reporting requirements;
(ss) Sections 25-1-309 and 25-1-312, concerning the treatment of intoxicated persons;
(tt) Section 25-1-801, concerning patient records in the care of a health care facility;
(uu) Section 25-1-802, concerning patient records in the care of individual health care providers;
(vv) Sections 25-1-1105 and 25-1-1108, concerning the treatment of drug abusers;
(ww) Section 25-2-120, concerning reports of electroconvulsive treatment;
(xx) Section 25-3-109, concerning quality management functions of health care facilities licensed by the department of public health and environment;
(yy) Section 25-3.5-501, concerning records maintained by ambulance services and emergency medical technicians;
(zz) Section 25-3.5-704 (2) (d) and (2) (f), concerning the designation of emergency medical facilities and the statewide trauma system;
(aaa) Section 25-4-402 (4), concerning the reporting of venereal diseases;
(bbb) Section 25-4-1003 concerning newborn screening programs and genetic counseling;
(ccc) Sections 25-4-1402 to 25-4-1407 concerning reporting and investigation of the human immunodeficiency virus;
(ddd) Section 25-4-1705 concerning immunization information;
(eee) Section 25-4-1905 concerning records collected related to Gulf War syndrome;
(fff) Section 25.5-2-104, C.R.S., concerning the release of medical information to a poison control service provider;
(ggg) Section 26-3.1-102 (2), C.R.S., concerning reporting requirements related to at-risk adults;
(hhh) Section 26-11.5-108, C.R.S., concerning the long-term ombudsman program and access to medical records;
(iii) Section 27-10-103 (2), C.R.S., concerning voluntary applications for mental health services;
(jjj) Sections 27-10-120 (1.5) and 27-10-120.5, C.R.S., concerning records related to mental health services for minor children;
(kkk) Section 30-10-606 (6), C.R.S., concerning postmortem investigations and records;
(lll) Section 35-9-109, C.R.S., concerning confidentiality of information released to the commissioner of agriculture related to human exposure to pesticide applications; and
(mmm) Section 42-2-112, C.R.S., concerning information supplied to the department of revenue for the purpose of renewing or obtaining a license to operate a motor vehicle.