This amendment changes how soon a facility must contact someone after they leave for an emergency mental health hold and adds rules about when the law starts.
Colorado2026Enacted
HB26-1116
HB26-1116: Updates to Mental Health Follow-Up and Fire Safety Licensing
Last scannedAug 24, 2026, 8:22 AM
In one sentence
This law extends the time facilities have to check on people after an emergency mental health hold from 48 hours to 72 hours (excluding weekends and holidays) and requires most behavioral health providers to show a fire safety certificate before getting licensed.
What it does
- Extends the required follow-up window for individuals discharged after an emergency mental health hold from at least 48 hours to within 72 hours, excluding weekends and holidays.
- Requires facilities to attempt contact with the individual, their parent or legal guardian, or a lay support person during this new time frame.
- Encourages facilities to use peer support professionals when performing follow-up care and developing continuing care plans.
- Allows facilities to arrange follow-up care through contracts with community-based providers or the 988 crisis hotline if they get permission from the individual.
- Requires the Behavioral Health Administration (BHA) to receive a fire safety certificate of compliance before issuing or renewing licenses for behavioral health entities.
- Exempts applicants who provide only telehealth services from needing a fire safety certificate.
- Allows applicants providing only outpatient services to use inspections from local certified fire departments instead of the state division.
Who it affects
- Facilities that hold individuals under emergency mental health orders
- Behavioral Health Administration (BHA) staff who issue licenses
- Applicants seeking a license for behavioral health services, including telehealth and outpatient providers
Limits and unknowns
- The law does not take effect immediately; it starts on August 12, 2026, unless voters challenge it with a petition.
- If a referendum petition is filed within 90 days of the legislative session ending, this bill will only become law if approved by voters in November 2026.
Plain language
Terms to know
- Emergency Mental Health Hold
- A temporary situation where a facility keeps an individual who is believed to be at risk due to mental health issues.
- Certificate of Compliance
- An official document showing that a building meets fire safety rules set by the division of fire prevention and control or a certified local inspector.
Official record
Sources
Official summary
After an individual has been discharged from a facility where an individual was held for an emergency mental health hold, current law requires the facility to attempt to follow up with the individual at least 48 hours after discharge. The act extends the time to attempt to follow up with the individual to 72 hours following discharge, excluding weekends and holidays. The act restricts the behavioral health administration (BHA) from issuing or renewing a license for a behavioral health entity unless the BHA receives a certificate of compliance for the applicant's building or structure from the division of fire prevention and control. The act adds the following exceptions to this requirement: An applicant that provides only telehealth services is not required to receive a certificate of compliance; and An applicant that provides only outpatient services may receive a certificate of compliance from the division of fire prevention and control based on inspections conducted by a fire department that employs a certified inspector rather than from the division of fire prevention and control. (Note: This summary applies to this bill as enacted.)
Official activity
Bill history
- Governor SignedGovernor
- Sent to the GovernorGovernor
- Signed by the President of the SenateSenate
- Signed by the Speaker of the HouseHouse
- Senate Third Reading Passed - No AmendmentsSenate
- Senate Second Reading Passed - No AmendmentsSenate
- Senate Committee on Health & Human Services Refer Unamended - Consent Calendar to Senate Committee of the WholeSenate
- Introduced In Senate - Assigned to Health & Human ServicesSenate
- House Third Reading Passed - No AmendmentsHouse
- House Second Reading Special Order - Passed with Amendments - CommitteeHouse
- House Committee on Health & Human Services Refer Amended to House Committee of the WholeHouse
- Introduced In House - Assigned to Health & Human ServicesHouse
Changes
Amendments
1 stored