Process for People with Behavioral Health Disorder

Plain English Breakdown

The effective date depends on whether a referendum petition is filed within 90 days of adjournment; if no petition, it takes effect August 12, 2026.

HB26-1116: Updates to Mental Health Follow-Up and Fire Safety Licensing

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 This Bill 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 Names or 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

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.

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.

Official Summary Text

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.)

Current Bill Text

HOUSE BILL 26-1116
BY REPRESENT ATIVE(S) Rydin and Gonzalez R., Boesenecker, Brown,
Clifford, Duran, English, Joseph, Lieder, Lindsay, Marshall, Nguyen,
Sirota, McCluskie;
also SENATOR(S) Ball, Jodeh, Kipp, Coleman.
CONCERNING PROCESSES RELATED TO INDIVIDUALS WITH BEHAVIORAL
HEALTH DISORDERS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 27-65-106, amend
(8)( d)(I) as follows:
27-65-106. Emergency mental health hold - screening -
court-ordered evaluation -discharge instructions -respondent's rights.
(8) ( d) (I) The facility shall, at a minimum, attempt to follow up with
the person, the person's parent or legal guardian, or the person's lay person
at lea5t forty-eight WITHIN SEVENTY-TWO hours after discharge, EXCLUDING
WEEKENDS AND HO LIDA vs. The facility is encouraged to utilize peer support
professionals, as defined in section 27-60-108 (2)(b), when performing
follow-up care with individuals and in developing a continuing care plan
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
pursuant to subsection (8)(a)(I) of this section. The facility may facilitate
follow-up care through contracts with community-based behavioral health
providers or the 988 crisis hotline operated pursuant to section 27-64-103.
If the facility facilitates follow-up care through a third-party contract, the
facility shall obtain authorization from the person to provide follow-up care.
SECTION 2. In Colorado Revised Statutes, 27-50-501, amend (3)
as follows:
27-50-501. Behavioral health entities - license required -
criminal and civil penalties.
(3) (a) Notwithstanding any provision of law to the contrary, the
BHA shall not ONLY issue or renew any A license described in this part 5
unless IF the BHA receives a certificate of compliance for the applicant's
building or structure from the division of fire prevention and control in the
department of public safety in accordance with part 12 of article 33.5 of title
24; EXCEPT THAT:
(I) AN APPLICANT THAT PROVIDES ONLY TELEHEAL TH SERVICES IS
NOT REQUIRED TO RECEIVE A CERTIFICATE OF COMPLIANCE; AND
(11) 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, AS DEFINED IN SECTION 24-33.5-1202, THAT EMPLOYS AN
INSPECTOR CERTIFIED PURSUANT TO SECTION 24-33.5-1211 RATHER THAN
FROM THE DIVISION OF FIRE PREVENTION AND CONTROL.
(b) The BHA shall take action on an application for licensure within
thirty days after the date that the BHA receives from the applicant all of the
necessary information and documentation required for licensure. including
a certificate of compliance fi:otn the division of fire ptevention and cont1ol.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
PAGE 2-HOUSE BILL 26-1116
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
Juli~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~ ~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman , Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED 0 V' I~~~ Le~ ~ "--+ \Q : '$<:Jli!,.....
(Date a d Tim e) I •
Jared S.
GOVE
PAGE 3-HOUSE BILL 26-1116
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