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The CDHS Office of Behavioral Health (OBH) is responsible for regulating the provision of behavioral health services by developing and monitoring reasonable and proper standards, rules and regulations.
OPEN for Comment: Updates to Controlled Substance Licensing and Opioid Treatment Program Rules (Posted May 27, 2020)
The Office of Behavioral Health licenses substance use disorder programs using controlled substances and has regulatory standards opioid treatment providers must meet to operate in Colorado. This rule update proposal is designed to align controlled substance licensing rules with the changes to controlled substance licensing established by Senate Bill 19-219. This rule proposal will clarify inconsistencies within OBH’s controlled substance licensing rules including confirming an office-based opioid treatment program (OBOT) does not need an Office of Behavioral Health issued controlled substance license in order to operate.
The Office of Behavioral Health is required to provide public notice on proposed rules. The proposed rule draft can be found here. Interested stakeholders have an opportunity to present feedback prior to the submission of the rules to the State Board of Human Services for review and adoption. Feedback will be accepted until 5 p.m. on June 15, 2020. Feedback on the proposed rules can be submitted to the Office of Behavioral Health here [LINK will be provided 5/27/20].
OPEN for Comment: Updates to ASAM Levels of Care Rules (Posted Feb. 21, 2020)
The Office of Behavioral Health licenses substance use disorder programs to provide treatment services across levels of care. Although the Office of Behavioral Health’s (OBH) levels of care are based on levels of care established by the American Society of Addiction Medicine (ASAM), OBH’s levels of care rules do not consistently align with the levels of care established by ASAM. The Federal Government requires Colorado to update substance use disorder program licensing standards to align consistently with the ASAM Levels of Care in order for Colorado to be approved to add residential substance use disorder treatment and withdrawal management services to Colorado’s Medicaid Benefit.
OBH is required to provide public notice on proposed rules. The proposed rule draft can be found here. Interested stakeholders have an opportunity to present feedback prior to the submission of the rules to the State Board of Human Services for review and adoption. Feedback will be accepted until 5 p.m. on March 11, 2020. Feedback on the proposed rules can be submitted to the OBH here.
State Board of Human Services Adopted Two OBH Rules Oct. 4
The Recovery Residence Certification Program rules and Staff-Client Relationships/Emergency Commitment Qualified Staff rules were presented for second reading at the State Board of Human Services Meeting on Oct. 4, 2019, in Del Norte, Colorado. The State Board of Human Services adopted both rules which are projected to go into effect Dec. 1, 2019. Click here for Recovery Recovery Residence Certification Program rules and here for Staff-Client Relationships/Emergency Commitment Qualified Staff rules.
OPEN for Comment: Updates to DUI/DWAI Education and Treatment Rules
State law (§ 42-4-1301.3, C.R.S.) requires the Office of Behavioral Health (OBH) to approve and oversee DUI/DWAI education and treatment programs. A DUI/DWAI Treatment and Education rule update is being proposed to provide clarity in rule, combine OBH policies into written rule to simplify expectations for providers, and better align written rule with language used in the guiding statutes.
OBH is required to provide public notice on proposed rules. The proposed rule draft can be found here. Interested stakeholders have an opportunity to present feedback prior to the submission of the rules to the State Board of Human Services for review and adoption. Feedback will be accepted until 5 p.m. on Aug. 12, 2019. Feedback on the proposed rules can be submitted to the Office of Behavioral Health here.
OPEN for Comment: Staff-Client Relationships / Emergency Commitment Qualified Staff
To protect the safety of individuals receiving services in entities regulated by the Office of Behavioral Health (OBH), OBH is proposing rules that require regulated entities have a policy that ensures staff do not participate in activities prohibited by the Department of Regulatory Agencies.
The proposed rule update also expands which licensed or certified professionals can oversee the day-to-day operations in a withdrawal management facility and establishes that these individuals also assume the responsibility of accepting, evaluating, informing, and providing treatment to individuals on an emergency commitment.
OBH is required to provide public notice on proposed rules. The proposed rule draft can be found here. Interested stakeholders have an opportunity to present feedback prior to the submission of the rules to the State Board of Human Services for review and adoption. Feedback will be accepted until 5 p.m. on July 11, 2019. Feedback on the proposed rules can be submitted to the Office of Behavioral Health here.
OPEN for Comment: Recovery Residence Certification Program (HB 19-1009)
The Office of Behavioral Health (OBH) has created a rule draft implementing the Recovery Residence Certification Program as required by House Bill 19-1009. The draft rules establish the requirements that a recovery residence certifying body must be approved by OBH in order to certify recovery residences in Colorado.
House Bill 19-1009 also created a Recovery Residence Certification Grant Program administered by OBH to pay for the cost of recovery residences applying for certification. The Draft rules establish the requirements for applying for a Recovery Residence Certification Grant.
Nine OBH Rules Adopted in 2018; Updates Planned for 2019
During calendar year 2018, the Office of Behavioral Health presented nine rule-making packets at the State Board of Human Services. All nine rule-making packets were adopted. The adopted rules include:
Specific information about OBH rule-making can be found on the Secretary of State’s website. The Office of Behavioral Health will update at least four rule sections during calendar year 2019. The complete 2019 Department of Human Service Regulatory Agenda contains the rules each CDHS office plans to update. The four OBH rule sections for on the CDHS 2019 Regulatory Agenda include:
Announcing Updated Behavioral Health Rules Regarding Children and Youth (Posted Dec. 18, 2018)
On Dec. 7, 2018, the State Board of Human Services adopted a rule-making packet presented by the Office of Behavioral Health, updating the rules implementing the Child Mental Health Treatment Act. This rules update was a response to House Bill 18-1094, which extended indefinitely, updated, and renamed the Act to the Children and Youth Mental Health Treatment Act (CYMHTA).
CYMHTA maintains the ability of families to access community, residential, and transitional treatment services for their child without requiring a dependency and neglect action by Child Welfare when there is no child abuse or neglect. To be eligible, a child must have a mental health disorder, be under the age of 21, and be at risk of out-of-home placement or at risk of further involvement with a county department of human/social services.
HB 18-1094 made important revisions to CYMHTA designed to increase accessibility of treatment, standardize processes, improve transparency, and facilitate family choice, including:
The adopted Behavioral Health rule updates align the program regulations with the statutory changes to the Act and will go into effect Feb. 1, 2019.
New Emergency Mental Health Hold Reporting Rules (Posted Nov. 26, 2018)
The Office of Behavioral Health (OBH), in partnership with the Colorado Hospital Association, has promulgated rules to address how emergency medical services facilities must report data related to emergency mental health holds as required by Senate Bill (SB) 17-207. The State Board of Human Services adopted these rules on Nov. 2, 2018, and the rules will go into effect Jan. 1, 2019. The goal of this new reporting requirement is to finally have a complete set of data on involuntary holds in the state of Colorado, which is not currently available.
SB 17-207 requires that emergency medical services facilities annually report data to OBH on individuals treated in their facilities under the emergency procedure provisions of § 27-65-105, also known as 72-hour holds, M-1 holds, or 27/65 holds. According to § 27-65-102(5.5), C.R.S., emergency medical services facilities are licensed pursuant to part 1 of article 3 of title 25 or certified pursuant to section 25-1.5-103, or any other licensed and certified facility that provides emergency medical services.
Emergency medical services facilities must report only aggregated and non-identifying information to OBH on or before July 1, 2019, and each July 1 thereafter. To ensure that providers have time to validate their data, the rules require that the annual report due each July 1 cover the previous calendar year (January 1 – December 31). The new reporting requirement went into effect May 1, 2018. OBH therefore expects the report due July 1, 2019 will be a partial report, to cover May 1, 2018 through Dec. 31, 2018. In the future, the report should cover the entire calendar year. Per statute, the July 1, 2019 report must contain:
The name and counties of the facilities; The total number of persons treated pursuant to § 27-65-105, C.R.S., including a summary of demographic information; A summary regarding the different reasons for which persons were treated pursuant to § 27-65-105, C.R.S.; and, A summary of the disposition of persons transferred to a designated facility.
For future reports, the regulations that go into effect on January 1, 2019 can be found on the Secretary of State official website in 2-CCR 502-1, 21.282 Emergency Medical Services Facility Data Reporting Requirements.
OBH has released a sample spreadsheet demonstrating the types of data that will be required to submit to OBH on or before July 1, 2019. Hospitals are not required to use the spreadsheet’s format, but its use will allow institutions to meet criteria for the statutory requirement and provide a minimum data set.
Anyone with questions or concerns about these new data reporting requirements should feel free to contact OBH Data and Evaluation Researcher Katie TenHulzen at 303.866.7489 or katie.tenhulzen@state.co.us.
OPEN for Comment: Proposed Rule Updates to the Children and Youth Mental Health Treatment Act
The Office of Behavioral Health has created a rule draft updating how the Children and Youth Mental Health Treatment Act will be implemented to align with the changes to the Act with the passage of House Bill 18-1094. Significant changes to the Act from House Bill 18-1094 include:
The Office of Behavioral Health is required to provide public notice on proposed rules. The proposed rule draft can be found here. Interested stakeholders have an opportunity to present feedback prior to the submission of the rules to the State Board of Human Services for review and adoption. Feedback will be accepted until 5 p.m. on Aug. 30, 2018. Feedback on the proposed rules can be submitted to the Office of Behavioral Health here.
OPEN for Comment: Emergency OBH Rules Repealing the Trails Check Requirement
Although the Colorado Department of Human Services- Office of Behavioral Health rules (2 CCR 502-1 21.160.2 (A) (3) (b) and 2 CCR 502-1 21.200.53 (K) (1)) required behavioral health providers to participate in Trails background checks, the Trails child abuse and neglect checks are not allowed under CRS 19-1-307. Because the Office of Behavioral Health rules were in conflict with state statute, the rule itself was void (CRS 24-4-103(8)(a)) and has since been removed, via emergency rule-making procedures, from Rule Volume 2 CCR 502-1.
The Office of Behavioral Health is required to provide the public an opportunity to review the emergency rules prior to the emergency rules going into permanent effect. The Emergency Rule-Making Packet that removed the Trails Check requirement can be found here: https://drive.google.com/open?id=1nHES37VbL-uFCl91hKHiWjdXzavGlDr0. Interested stakeholders also have an opportunity to present feedback prior to the permanent adoption hearing of the rules at the State Board of Human Services. Feedback was accepted until 5 p.m. on October 1, 2018.
NOW AVAILABLE: Involuntary Transportation Hold Frequently Asked Questions Document
UPDATE: Proposed Rules for Facilities Reporting Mental Health Procedure Data
OPEN for Comment: Proposed Rules for the Community Transition Specialist Program
CAC Trainer Fees Executive Director Rules Adopted June 18
On June 18, 2018, CDHS Executive Director Reggie Bicha adopted rules to formalize the fees currently established in the Certified Addiction Counselor (CAC) Clinical Training Program – OBH Approved Trainer Program. Pursuant to Section 27-80-111, C.R.S., rules needed to be established by the executive director for the fees to be charged for addiction counselor training. The adopted rules that will go into effect Aug. 1, 2018, can be found here. Additional information on the Certified Addiction Counselor Training Program can be found here.
Medication Consistency in Designated Facilities Rule Adopted June 1, 2018, effective August 1, 2018.
To ensure individuals, with behavioral or mental health disorders, transitioning between settings and service providers have access to a broad spectrum of effective medications. Senate Bill 17-019 requires: The use of a medication formulary that lists required medications that are to be used across systems; and, Rules that require providers under the authority of the Department of Human Services to use the medication formulary. The required formulary psychotropic medications can be found here.
Rules for Medication Consistency in Designated Facilities were adopted by the State Board of Human Services on June 1, 2018. These rule will go into effect Aug. 1, 2018. The adopted rule can be found here.
Involuntary Transportation for Immediate Screening Rules Adopted April 6, 2018, effective June 1, 2018
The Involuntary Transportation for Immediate Screening Rules were adopted at the State Board of Human Services meeting on April 6. The proposed rules are designed to provide a procedure for how designated facilities are to implement this new hold, created by Senate Bill 17-207.
The Involuntary Transportation for Immediate Screening Rules will go into effect June 1, 2018. The adopted rules can be found here.
OPEN for Comment: Proposed Rule Update for Incorporation by Reference and DUI Provisions (Posted April 23, 2018)
This rule change proposal updates how references within OBH Rule Volume 2 CCR 502-1 are cited, this update will align OBH Rule Volume 2 CCR 502-1 with federal incorporation by reference requirements established in 1 CFR Part 51. The rule change proposal also removes outdated regulatory requirements for DUI providers, as some approved DUI curriculum do not require a pre-test or a post-test.
The Office of Behavioral Health is required to provide public notice on proposed rules. The proposed rule draft can be found here. Interested stakeholders have an opportunity to present feedback prior to the submission of the rules to the Executive Director of the Department of Human Services for review and adoption. Feedback was accepted until 5 p.m. on May 9, 2018.
OPEN for Comment: Proposed Rules for Emergency Departments Reporting 72-Hour Hold Data (Posted April 23, 2018)
Senate Bill 17-207 (27-65-105(7), C.R.S.) made a requirement for emergency medical services facilities (emergency departments) to report their 72-hour hold data to the Office of Behavioral Health annually. The proposed rules establish what data shall be submitted and the procedure for how these emergency medical services facilities report their data to the Office of Behavioral Health.
OPEN for Comment: Proposed Rule Update for License/Designation Renewal Timing (Posted April 23, 2018)
Facilities licensed or designated by the Office of Behavioral Health must submit a renewal application every two years. Current rule allows facilities to have their license or designation stay in effect after the expiration date as long as OBH receives the renewal application on or before the date of the expiration. Other OBH rules require licensing renewal applications be submitted to OBH 60 days prior to the expiration of the license, creating inconsistency in the licensing renewal process and allowing facilities to operate after their license has expired.
The proposed rule removes the regulatory provision that a license or designation remains in effect during the approval process when a renewal application is submitted to OBH on or before the current expiration date. This requires facilities to submit their renewal application 60 days prior to the expiration of their current license or designation, which is a current OBH rule.
April Rule Adoption Hearing at State Board of Human Services for the Involuntary Transportation for Immediate Screening Rules
On March 2, 2018, the Office of Behavioral Health presented the Involuntary Transportation for Immediate Screening proposed rules for second reading at the State Board of Human Services. The proposed rules are designed to provide a procedure for how designated facilities are to implement this new hold, created by Senate Bill 17-207.
The State Board of Human Services postponed the adoption hearing for these rules until April 6, 2018 to allow for clarifying and procedural updates to the proposed rules.
The rule-making packet that will be presented at the State Board of Human Service Meeting on April 6 can be found here.
Medication Consistency Rules Scheduled for First Reading at State Board of Human Services in May
To ensure individuals, with behavioral or mental health disorders, transitioning between settings and service providers have access to a broad spectrum of effective medications. Senate Bill 17-019 requires:
In compliance with Senate Bill 17-019, the Office of Behavioral Health has created a rule draft requiring the use of the medication formulary in facilities designated by the Office of Behavioral to provide mental health services. The updated rule-making packet incorporating stakeholder feedback can be found here. Also, the Medication Formulary can be found here. The rule will be presented at the State Board meeting on May 4, 2018.
Feedback Wanted on Proposed Rules for Certified Addiction Counselor (CAC) Clinical Training Program Approved Trainer Fees
The Office of Behavioral Health in the Colorado Department of Human Services oversees the Certified Addiction Counselor (CAC) Clinical Training Program. Within this program is included the OBH Approved Trainer Program. The purpose of this program is to approve qualified trainers to provide required training classes for certification as an addiction counselor in Colorado.
Pursuant to 27-80-111, C.R.S. the Office of Behavioral Health must establish, by rule, fees to be charged for addiction counseling training.
The Office of Behavioral Health is required to provide public notice on proposed rules. The proposed rule draft can be found here. Interested stakeholders have an opportunity to present feedback prior to the submission of the rules to the Executive Director of the Department of Human Services for review and adoption. Feedback was accepted until 5 p.m. on March 9, 2018.
Feedback Wanted on Proposed Rules for Medication Consistency in OBH-Designated Facilities (Posted Dec. 13, 2017)
To ensure individuals transitioning between settings and service providers have access to a broad spectrum of effective medications. SB17-019 requires:
The use of a Medication Formulary;
In compliance with Senate Bill 17-019, the Office of Behavioral Health had created a rule draft requiring the use of the medication formulary in facilities designated by the Office of Behavioral to provide mental health services.
The Office of Behavioral Health is required to provide public notice on proposed rules. The proposed rule draft can be found here. Interested stakeholders have an opportunity to present feedback prior to the submission of the rules to the State Board of Human Services for review and adoption. Feedback was accepted until 5:00 PM on Jan. 5, 2018.
Second Reading at State Board of Human Services of the Involuntary Transportation for Immediate Screening Proposed Rules
The Office of Behavioral Health will be presenting the Involuntary Transportation for Immediate Screening proposed rules for second reading (adoption) at the State Board of Human Services meeting on March 2, 2018, at 10 a.m. at 1575 Sherman St. in Denver. The rule-making packet being presented can be found here.
First Reading at State Board of Human Services of the Involuntary Transportation for Immediate Screening Proposed Rules
The Office of Behavioral Health will be presenting the Involuntary Transportation for Immediate Screening proposed rules for first reading at the State Board of Human Services meeting on February 2, 2018, in Fort Collins, Colorado.
The new rules will only affect designated facilities, but the rules will provide the outline for best-practice guidelines. The Office of Behavioral Health will create and distribute these best-practice guidelines, to inform individuals with lived experience, other facilities, and intervening professionals on how the new hold procedure should be implemented.
The rule-making packet being presented can be downloaded here.
Feedback Wanted on Proposed Rules for Involuntary Transportation for Immediate Screening (Posted Sept. 5, 2017)
Signed into law by Governor Hickenlooper on May 18, 2017, SB17-207 introduced new language intended to divert individuals with behavioral health disorders from entering the criminal justice system. This legislation included changes to Section 27-65-105, C.R.S., one of those changes created a new involuntary transportation of immediate screening hold. This new Involuntary Transportation Hold:
The Office of Behavioral Health, in collaboration with the Mental Health Advisory Board for Service Standards and Regulations, created a rules draft for how a 27-65 Designated Facility provides services when an individual arrives at their facility on the new involuntary transportation for immediate screening hold. The new rules will only affect designated facilities, but the rules will provide the outline for best-practice guidelines. The Office of Behavioral Health will create and distribute these best-practice guidelines, to inform individuals with lived experience, other facilities, and intervening professionals on how the new hold procedure should be implemented.
The Office of Behavioral Health is required to provide public notice on proposed rules. The proposed rule draft can be found here. Interested stakeholders had an opportunity to present feedback prior to the submission of the rules to the State Board of Human Services for review and adoption. Feedback was accepted through Oct. 31, 2017.
