Colo. Rev. Stat. § 26-20-102

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session

Section 26-20-102 - Definitions

As used in this article 20, unless the context otherwise requires:

(1)

(a) "Agency" means:

(I) Any one of the principal departments of state government created in article 1 of title 24, C.R.S., or any division, section, unit, office, or agency within one of such principal departments of state government, except as excluded in paragraph (b) of this subsection (1);

(II) Any county, city and county, municipality, or other political subdivision of the state or any department, division, section, unit, office, or agency of such county, city and county, municipality, or other political subdivision of the state;

(III) Any public or private entity that has entered into a contract for services with an entity described in subsection (1)(a)(I), (1)(a)(II), or (1)(a)(VI) of this section;

(IV) Any public or private entity licensed or certified by one of the entities described in subparagraph (I) or (II) of this paragraph (a);

(V) A person regulated pursuant to article 245 of title 12;

(VI) Any school district, including any school or charter school of a school district, and the state charter school institute established in section 22-30.5-503, including any institute charter school.

(VII) A county jail, as described in section 17-26-101, for restraints on A pregnant person in labor, delivery, or postpartum recovery.

(b) "Agency" does not include:

(I) The department of corrections or any public or private entity that has entered into a contract for services with such department, except for restraints on a pregnant person in labor, delivery, or postpartum recovery;

(II) Any law enforcement agency of the state or of a political subdivision of the state;

(III) A juvenile probation department or division authorized pursuant to section 19-2.5-1406;

(IV) Any county department of human or social services when engaged in performance of duties pursuant to part 3 of article 3 of title 19.

(2) "Chemical restraint" means giving an individual medication involuntarily for the purpose of restraining that individual; except that "chemical restraint" does not include the involuntary administration of medication pursuant to section 27-65-111 (5), C.R.S., or administration of medication for voluntary or life-saving medical procedures.

(2.5) "Division of youth services" means the division of youth services within the state department created pursuant to section 19-2.5-1501.

(3) "Emergency" means a serious, probable, imminent threat of bodily harm to self or others where there is the present ability to effect such bodily harm.

(3.5) "Individual" encompasses both adults and youths, unless the context specifically states one or the other.

(4) "Mechanical restraint" means a physical device used to involuntarily restrict the movement of an individual or the movement or normal function of a portion of his or her body.

(5) "Physical restraint" means the use of bodily, physical force to involuntarily limit an individual's freedom of movement for more than one minute; except that "physical restraint" does not include the holding of a child by one adult for the purposes of calming or comforting the child.

(5.3) "Prone position" means a face-down position.

(5.5) "Prone restraint" means a restraint in which the individual who is being restrained is secured in a prone position.

(5.7) "Qualified mental health professional" means an individual who is a licensed psychologist, a licensed psychiatrist, a licensed clinical social worker, a psychologist candidate for licensure, a licensed marriage and family therapist, or a masters-level mental health therapist who is under the supervision of a licensed mental health professional.

(6) "Restraint" means any method or device used to involuntarily limit freedom of movement, including bodily physical force, mechanical devices, or chemicals. Restraint must not be used as a form of discipline or to gain compliance from a student. If property damage might be involved, restraint may only be used when the destruction of property could possibly result in bodily harm to the individual or another person. "Restraint" includes chemical restraint, mechanical restraint, and physical restraint. "Restraint" does not include:

(a) The use of any form of restraint in a licensed or certified hospital when such use:

(I) Is in the context of providing medical or dental services that are provided with the consent of the individual or the individual's guardian; and

(II) Is in compliance with industry standards adopted by a nationally recognized accrediting body or the conditions of participation adopted for federal medicare and medicaid programs;

(b) The use of protective devices or adaptive devices for providing physical support, prevention of injury, or voluntary or life-saving medical procedures;

(c) The holding of an individual for less than one minute by a staff person for protection of the individual or other persons; except that nothing in this subsection (6)(c) may be interpreted to permit the holding of a public school student in a prone position, except as described in section 26-20-111 (2), (3), or (4); or

(d) Placement of an inpatient or resident in his or her room for the night.

(e) Repealed.

(7) "Seclusion" means the placement of an individual alone in a room or area from which egress is involuntarily prevented, except during normal sleeping hours.

(8) "State department" means the state department of human services.

(9) "Youth" means an individual who is less than twenty-one years of age.

C.R.S. § 26-20-102

Amended by 2024 Ch. 426,§ 7, eff. 6/5/2024.

Amended by 2022 Ch. 243, § 8, eff. 5/26/2022.

Amended by 2021 Ch. 136, § 130, eff. 10/1/2021.

Amended by 2019 Ch. 136, § 196, eff. 10/1/2019.

Amended by 2018 Ch. 38, § 138, eff. 8/8/2018.

Amended by 2017 Ch. 270, § 3, eff. 8/9/2017.

Amended by 2017 Ch. 381, § 61, eff. 6/6/2017.

Amended by 2016 Ch. 345, § 2, eff. 6/10/2016.

L. 99: Entire article added, p. 377, § 1, effective April 22. L. 2004: (1)(a)(V) added, p. 920, § 28, effective July 1. L. 2010: (2) amended, (SB 10-175), ch. 805, p. 805, § 79, effective April 29. L. 2016: (2.5), (3.5), (5.7), (8), and (9) added, IP(6), (6)(c), (6)(d), and (7) amended, and (6)(e) repealed, (HB 16-1328), ch. 1400, p. 1400, § 2, effective June 10. L. 2017: IP and (2.5) amended (HB 17-1329), ch. 1983, p. 1983, § 61, effective June 6; IP, (1)(a)(II), (1)(a)(III), and (6)(c) amended and (1)(a)(VI), (5.3), and (5.5) added, (HB 17-1276), ch. 1487, p. 1487, § 3, effective August 9. L. 2018: (1)(b)(IV) amended, (SB 18-092), ch. 452, p. 452, § 138, effective August 8. L. 2019: (1)(a)(V) amended, (HB 19-1172), ch. 1712, p. 1712, § 196, effective October 1. L. 2021: (1)(b)(III) and (2.5) amended, (SB 21-059), ch. 749, p. 749, § 130, effective October 1.

For the legislative declaration in HB 17-1276, see section 1 of chapter 270, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.