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SB26-113 • 2026

Require Recovery Residences to Obtain Behavioral Health Administration License

Current law requires a recovery residence operated in Colorado to be certified by a third-party certifying body, unless the recovery residence has been operating in Colorado for 30 or more years as of

Crime Housing Land Taxes
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Sen. J. Amabile, Sen. M. Ball, Rep. M. Carter, Rep. K. McCormick, Sen. A. Benavidez, Sen. J. Coleman, Sen. L. Cutter, Sen. T. Exum, Sen. J. Gonzales, Sen. I. Jodeh, Sen. C. Kipp, Sen. C. Kolker, Sen. W. Lindstedt, Sen. J. Marchman, Sen. K. Mullica, Sen. M. Snyder, Sen. K. Wallace, Sen. M. Weissman
Last action
2026-04-13
Official status
House Committee on Finance Refer Amended to Appropriations
Effective date
Not listed

Plain English Breakdown

The official source material does not provide information about what happens if a recovery residence does not apply for the new license by July 1, 2027.

Require Recovery Residences to Obtain Behavioral Health Administration License

This bill changes the requirement for recovery residences in Colorado, mandating that they obtain a license from the Behavioral Health Administration starting July 1, 2027.

What This Bill Does

  • Changes current law so that recovery residences must have a license from the Behavioral Health Administration after June 30, 2026.
  • Sets rules for applying and getting this new license.
  • Requires certain health care providers to only refer people to licensed recovery residences.

Who It Names or Affects

  • Recovery residence owners and operators in Colorado
  • People who need housing support for behavioral health issues

Terms To Know

Behavioral Health Administration (BHA)
The agency that will issue licenses to recovery residences.
Recovery Residence
A place where people with behavioral health issues can live and get support to stay sober or healthy.

Limits and Unknowns

  • Does not specify what happens if a recovery residence does not apply for the new license.
  • The bill's full impact depends on how the Behavioral Health Administration implements its rules.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.015

HOU Finance

Passed [*]

Plain English: The amendment adds new requirements for the Judicial Department to update its criteria for probation placement referrals to include behavioral health administration licensing and to accept applications from licensed recovery residences.

  • Adds a new section requiring the Judicial Department to update its criteria for entities eligible to receive probation placement referrals by August 1, 2027.
  • Specifies that recovery residences must be licensed by the Behavioral Health Administration (BHA) and comply with all applicable license requirements to apply for inclusion on an approved list used for probation placements.
  • Requires the Judicial Department to review and accept applications from eligible recovery residences within thirty days without requiring additional certification or fees.
  • The amendment text does not provide specific details about how the updates will be implemented beyond August 1, 2027.
L.008

HOU Health & Human Services

Passed [*]

Plain English: The amendment changes the licensing requirements for recovery residences in Colorado by modifying how criminal history is considered during the application process.

  • Changes references to 'ADMINISTRATOR' to 'MANAGER'.
  • Adds new subsection (5) that sets rules on considering an applicant's criminal history when applying for a license, including time limits and conditions under which past convictions can be disregarded.
  • Removes certain requirements related to background checks and other licensing criteria.
  • The full impact of the amendment may not be clear without understanding how it interacts with existing laws and regulations.
L.009

HOU Health & Human Services

Passed [*]

Plain English: The amendment allows recovery residences chartered by Oxford House, Inc. to operate in Colorado without needing a third-party certification if they meet certain conditions.

  • Recovery residences chartered by Oxford House, Inc., can now operate and receive referrals and funding under the new law if they follow specific requirements set by federal law and are democratically run with no paid staff or professional therapy provided.
  • Starting July 1, 2027, Oxford House, Inc. must provide a list of all chartered recovery residences to the Behavioral Health Administration (BHA) and notify them when new charters are issued or existing ones revoked.
  • Chartered recovery residences will need to submit occurrence reports to BHA starting from July 1, 2027, but they won't be subject to initial or annual onsite inspections.
  • The amendment does not specify the exact form and manner in which Oxford House, Inc. must provide information to the Behavioral Health Administration (BHA).
L.012

HOU Health & Human Services

Passed [*]

Plain English: The amendment changes the requirements for recovery residences to ensure that they do not prohibit residents from taking prescribed medications unless there is a specific risk involved.

  • Recovery residences must allow residents to take prescribed medications, including controlled substances, as directed by a physician.
  • Admission or continued stay in a recovery residence cannot be based on the condition of stopping prescribed medication unless it poses a safety risk that cannot be mitigated.
  • Recovery residences need to conduct an individual assessment and establish policies for handling situations where prescribed medications might pose risks.
  • The exact details of how recovery residences will implement these new requirements are not specified in the amendment text.
L.005

SEN Appropriations

Passed [*]

Plain English: The amendment requires recovery residences certified by a third-party body to notify and apply for a license from the Behavioral Health Administration (BHA) before continuing operations after June 30, 2027.

  • Recovery residences that are certified as of June 30, 2027, must give notice to BHA by July 1, 2027, and intend to pursue a license from the BHA.
  • Certified recovery residences must apply for a license no less than sixty days before one year after their certification expires.
  • Starting July 1, 2028, certified recovery residences cannot operate without being licensed by the BHA.
  • The exact form and manner of notice and application to the BHA are not specified in this amendment text.
L.006

SEN Appropriations

Passed [*]

Plain English: The amendment requires that the costs of licensing recovery residences in Colorado must be covered entirely by fees collected from these residences.

  • Adds a new section to the bill stating that all expenses related to licensing recovery residences must be paid for using the fees collected from those residences.
  • The amendment does not specify how much in fees will be collected or what specific costs are included under 'licensing of recovery residences'.
L.001

SEN Health & Human Services

Passed [*]

Plain English: The amendment changes the requirements for recovery residences in Colorado by prohibiting alcohol and nonprescribed drugs, defining permanent supportive housing, and allowing licensed health-care facilities to purchase services from recovery residences without a license.

  • Recovery residences are not allowed to permit the possession or use of alcohol or nonprescribed/illicit drugs.
  • The amendment defines 'permanent supportive housing' as affordable community-based housing for extremely low-income individuals with complex barriers to stability and histories of homelessness, including intensive coordinated support services.
  • Licensed health-care facilities can purchase services from recovery residences without requiring those residences to have a license.
  • The amendment text is extensive and includes many specific changes that are not all summarized here due to complexity and length.
L.002

SEN Health & Human Services

Passed [*]

Plain English: The amendment requires recovery residences to notify local government about their intent to operate and provide contact information for questions.

  • Recovery residences must give notice to the local government that regulates zoning and land use in the area where they plan to operate.
  • This notice must include details such as the location of the recovery residence and a way to contact someone who can answer questions about it.
  • The exact process for how this notification will be handled by local governments is not detailed in the amendment text.
L.003

SEN Health & Human Services

Passed [*]

Plain English: The amendment adds rules to ensure that recovery residences do not discriminate against individuals based on their criminal history and limits how the Behavioral Health Administration (BHA) can use criminal background information when licensing these facilities.

  • Adds a new rule stating that recovery residence regulations cannot prevent someone from living there just because they have a past criminal record or involvement with the justice system.
  • Modifies the BHA's process for evaluating criminal history records, allowing them to deny applications only if it is legally justified by specific sections of Colorado law.
  • The exact criteria and processes for what constitutes 'legally justified' denial based on criminal history are not detailed in this amendment text.
L.004

SEN Health & Human Services

Passed [*]

Plain English: The amendment removes the current certification requirements for recovery residences in Colorado and replaces them with a plan to review and possibly repeal these regulations by September 1, 2033.

  • Removes existing certification requirements for recovery residences as of September 1, 2033.
  • Requires the Department of Regulatory Agencies to review the regulation of recovery residences before their scheduled repeal.
  • The exact nature and outcome of the future review by the Department of Regulatory Agencies are not specified in this amendment.
L.007

Second Reading

Passed [**]

Plain English: The amendment changes the requirements for recovery residences in Colorado by adding new types of facilities that do not need to be certified or licensed under certain conditions.

  • Removes the option 'OR' which allowed some recovery residences to operate without certification if they met specific criteria.
  • Adds a new type of facility, such as a health facility defined in another section of law.
  • Includes community-based organizations that provide support services for people released from jail or prison, even if these individuals do not have primary behavioral health disorders.
  • The exact impact and requirements for the newly added types of facilities are unclear without further details in the amendment text.

Bill History

  1. 2026-04-13 House

    House Committee on Finance Refer Amended to Appropriations

  2. 2026-04-07 House

    House Committee on Health & Human Services Refer Amended to Finance

  3. 2026-03-25 House

    Introduced In House - Assigned to Health & Human Services

  4. 2026-03-25 Senate

    Senate Third Reading Passed - No Amendments

  5. 2026-03-24 Senate

    Senate Second Reading Passed with Amendments - Committee, Floor

  6. 2026-03-20 Senate

    Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  7. 2026-03-04 Senate

    Senate Committee on Health & Human Services Refer Amended to Appropriations

  8. 2026-02-12 Senate

    Introduced In Senate - Assigned to Health & Human Services

Official Summary Text

Current law requires a recovery residence operated in Colorado to be certified by a third-party certifying body, unless the recovery residence has been operating in Colorado for 30 or more years as of May 23, 2019.
Beginning July 1, 2027, the bill requires a recovery residence to obtain a license from the behavioral health administration. The bill sets forth application procedures and rules for minimum standards of operating a recovery residence.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0780.01 Shelby Ross x4510 SENATE BILL 26-113
Senate Committees House Committees
Health & Human Services
Appropriations
A BILL FOR AN ACT
CONCERNING REQUIRING A RECOVE RY RESIDENCE TO OBTAIN A101
LICENSE FROM THE BEHAVIORAL HEALTH ADMINISTRATION. 102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Current law requires a recovery residence operated in Colorado to
be certified by a third-party certifying body, unless the recovery residence
has been operating in Colorado for 30 or more years as of May 23, 2019.
Beginning July 1, 2027, the bill requires a recovery residence to
obtain a license from the behavioral health administration. The bill sets
forth application procedures and rules for minimum standards of
SENATE
3rd Reading Unamended
March 25, 2026
SENATE
Amended 2nd Reading
March 24, 2026
SENATE SPONSORSHIP
Amabile and Ball, Benavidez, Coleman, Cutter, Exum, Gonzales J., Jodeh, Kipp, Kolker,
Lindstedt, Marchman, Mullica, Snyder, Wallace, Weissman
HOUSE SPONSORSHIP
Carter and McCormick,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
operating a recovery residence.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 27-50-101, add2
(17.5) as follows:3
27-50-101. Definitions.4
As used in this article 50, unless the context otherwise requires:5
(17.5) (a) "RECOVERY RESIDENCE" MEANS A LICENSED PREMISES,6
PLACE , FACILITY , OR BUILDING THAT PROVIDES HOUSING7
ACCOMMODATION FOR INDIVIDUALS WITH A PRIMARY DIAGNOSIS OF A8
BEHAVIORAL HEALTH DISORDER AND THAT:9
(I) D OES NOT PERMIT THE POSSESSION OR USE OF ALCOHOL OR10
NONPRESCRIBED OR ILLICIT DRUGS;11
(II) P ROMOTES INDEPENDENT LIVING AND LIFE -SKILL12
DEVELOPMENT; AND13
(III) PROVIDES STRUCTURED ACTIVITIES AND RECOVERY SUPPORT14
SERVICES THAT ARE PRIMARILY INTENDED TO PROMOTE AND SUSTAIN15
RECOVERY FROM BEHAVIORAL HEALTH DISORDERS.16
(b) "RECOVERY RESIDENCE" DOES NOT INCLUDE:17
(I) A PRIVATE RESIDENCE IN WHICH AN INDIVIDUAL RELATED TO18
THE OWNER OF THE RESIDENCE BY BLOOD , ADOPTION, OR MARRIAGE IS19
REQUIRED TO ABSTAIN FROM SUBSTANCE USE OR RECEIVE BEHAVIORAL20
HEALTH SERVICES FOR A BEHAVIORAL HEALTH DISORDER AS A CONDITION21
OF RESIDING IN THE RESIDENCE;22
(II) A BEHAVIORAL HEALTH ENTITY LICENSED BY THE BHA TO23
PROVIDE RESIDENTIAL TREATMENT;24
(III) P ERMANENT SUPPORTIVE HOUSING . FOR THE PURPOSES OF25
113-2-
THIS SUBSECTION (17.5)(b)(III), " PERMANENT SUPPORTIVE HOUSING "1
MEANS COMMUNITY-BASED AFFORDABLE HOUSING WHERE EXTREMELY2
LOW-INCOME INDIVIDUALS WITH COMPLEX BARRIERS TO HOUSING3
STABILITY AND HISTORIES OF HOMELESSNESS HAVE A DEDICATED RENTAL4
SUBSIDY THAT IS NOT CONDITIONAL ON PARTICIPATION IN SUPPORTIVE5
SERVICES AND INCLUDES THE SAME RIGHTS AND RESPONSIBILITIES OF6
TENANCY LEGALLY GUARANTEED BY A LEASE AGREEMENT AND ACCESS TO7
INTENSIVE COORDINATED SUPPORTIV E SERVICES DESIGNED TO SUPPORT8
TENANTS TO LIVE INDEPENDENTLY WITH IMPROVED HEALTH OUTCOMES9
AND REDUCED EMERGENCY SYSTEM UTILIZATION.10
(IV) SHELTERS, EMERGENCY OVERFLOW BEDS , BEDS IN SERVICE11
PURSUANT TO EMERGENCY PROTOCOLS, ANY OTHER FORM OF TRANSIENT12
OR EXIGENT HOUSING THAT HAS AN AVERAGE STAY OF LESS THAN THREE13
DAYS, OR HOUSING OPTIONS THAT ARE UNDER THE PRIMARY OVERSIGHT14
OF THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS; 15
(V) A HEALTH FACILITY, AS DEFINED IN SECTION 24-33.5-1202; OR16
(VI) A COMMUNITY-BASED ORGANIZATION OR PROGRAM THAT HAS17
A PRIMARY MISSION OF PROVIDING SUPPORTIVE SERVICES TO INDIVIDUALS18
RELEASED FROM JAIL OR PRISON , OR OTHERWISE INVOLVED IN THE19
CRIMINAL JUSTICE SYSTEM, AND THAT DOES NOT REQUIRE THE INDIVIDUAL20
TO HAVE A PRIMARY BEHAVIORAL HEALTH DISORDER IN ORDER TO21
RECEIVE SERVICES, INCLUDING HOUSING.22
SECTION 2. In Colorado Revised Statutes, add part 10 to article23
50 of title 27 as follows:24
PART 1025
RECOVERY RESIDENCES26
27-50-1001. Regulation of recovery residences - license -27
113-3-
violations and penalties - rules.1
(1) ON AND AFTER JULY 1, 2027, IT IS UNLAWFUL FOR A PERSON TO2
CONDUCT OR MAINTAIN A RECOVERY RESIDENCE WITHOUT HAVING3
OBTAINED A LICENSE FROM THE BHA.4
5
(2) A PERSON THAT HAS BEEN FOUND TO HAVE VIOLATED6
SUBSECTION (1) OF THIS SECTION BY A COURT OF COMPETENT7
JURISDICTION MAY BE SUBJECT TO A CIVIL PENALTY ASSESSED BY THE8
BHA OF NOT LESS THAN FIFTY DOLLARS BUT NOT MORE THAN ONE9
HUNDRED DOLLARS FOR EACH DAY THE UNLICENSED RECOVERY10
RESIDENCE VIOLATED SUBSECTION (1) OF THIS SECTION . THE ASSESSED11
PENALTY ACCRUES FROM THE DATE THE BHA FINDS THAT THE PERSON IS12
IN VIOLATION OF THIS SECTION. THE BHA SHALL ASSESS, ENFORCE, AND13
COLLECT THE PENALTY IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24 AND14
CREDIT THE MONEY TO THE GENERAL FUND . ENFORCEMENT AND15
COLLECTION OF THE PENALTY OCCURS FOLLOWING THE DECISION REACHED16
IN ACCORDANCE WITH PROCEDURES SET FORTH IN SECTION 24-4-105.17
(3) T HE BHA SHALL TAKE ACTION ON AN APPLICATION FOR18
LICENSURE WITHIN THIRTY DAYS AFTER THE DATE THAT THE BHA19
RECEIVES THE COMPLETE APPLICATION.20
(4) (a) BEGINNING JULY 1, 2027, A LICENSED, REGISTERED, OR21
CERTIFIED HEALTH -CARE PROVIDER ; A BEHAVIORAL HEALTH22
ADMINISTRATIVE SERVICES ORGANIZATION; A MANAGED CARE ENTITY, AS23
DEFINED IN SECTION 25.5-5-802 (5); A MANAGED CARE ORGANIZATION, AS24
DEFINED IN SECTION 25.5-5-403 (5); A LICENSED HEALTH-CARE FACILITY;25
OR A GOVERNMENTAL ENTITY SHALL NOT REFER AN INDIVIDUAL TO A26
RECOVERY RESIDENCE OR PURCHASE OR CONTRACT FOR SERVICES FROM27
113-4-
A RECOVERY RESIDENCE UNLESS THE RECOVERY RESIDENCE HAS1
OBTAINED A LICENSE FROM THE BEHAVIORAL HEALTH ADMINISTRATION.2
(b) (I) A RECOVERY RESIDENCE THAT IS CERTIFIED PURSUANT TO3
SECTION 27-80-129 AS OF JUNE 30, 2027, SHALL GIVE NOTICE TO THE BHA4
PRIOR TO JULY 1, 2027, IN THE FORM AND MANNER PRESCRIBED BY THE5
BHA, THAT THE RECOVERY RESIDENCE:6
(A) HOLDS A CERTIFICATION AS OF JUNE 30, 2027;7
(B) I S IN COMPLIANCE WITH ALL APPLICABLE RULES FOR8
OPERATING A RECOVERY RESIDENCE ADOPTED PURSUANT TO SECTION9
27-50-1002; AND10
(C) INTENDS TO PURSUE A RECOVERY RESIDENCE LICENSE FROM11
THE BHA PURSUANT TO THIS SECTION.12
(II) THE CERTIFIED RECOVERY RESIDENCE MAY OPERATE IN THIS13
STATE AND RECEIVE REFERRALS . A CERTIFICATION IS IN LIEU OF14
LICENSURE UNTIL THE RECOVERY RESIDENCE IS LICENSED.15
(c) (I) A CERTIFIED RECOVERY RESIDENCE SHALL SUBMIT AN16
APPLICATION FOR LICENSURE TO THE BHA NO LESS THAN SIXTY DAYS17
PRIOR TO ONE YEAR AFTER THE DATE THE RECOVERY RESIDENCE 'S18
CERTIFICATION WAS LAST ISSUED PURSUANT TO SECTION 27-80-129. THE19
APPLICATION MUST BE SUBMITTED IN THE FORM AND MANNER PRESCRIBED20
BY THE BHA PURSUANT TO SECTION 27-50-1003.21
(II) O N AND AFTER JULY 1, 2028, A RECOVERY RESIDENCE22
PREVIOUSLY CERTIFIED PURSUANT TO SECTION 27-80-129 SHALL NOT23
OPERATE WITHOUT APPLYING AND BEING APPROVED FOR A LICENSE24
PURSUANT TO SECTION 27-50-1003.25
(d) BEGINNING JULY 1, 2027, A CERTIFIED RECOVERY RESIDENCE26
SHALL REPORT THE OCCURRENCES DESCRIBED IN SECTION 27-50-1006 TO27
113-5-
THE BHA. THE REPORTING REQUIREMENTS IN SECTION 27-50-10061
CONTINUE TO APPLY AFTER THE CERTIFIED RECOVERY RESIDENCE2
RECEIVES A LICENSE PURSUANT TO SECTION 27-50-1003.3
(e) BEGINNING JULY 1, 2027, THE BHA MAY INSPECT A RECOVERY4
RESIDENCE AS IT DEEMS NECESSARY TO ENSURE THE RECOVERY5
RESIDENTS' HEALTH , SAFETY , AND WELFARE ARE PROTECTED . THE6
RECOVERY RESIDENCE SHALL SUBMIT IN WRITING , IN THE FORM AND7
MANNER PRESCRIBED BY THE BHA, A PLAN DETAILING THE MEASURES8
THAT THE RECOVERY RESIDENCE WILL TAKE TO CORRECT VIOLATIONS9
FOUND BY THE BHA AS A RESULT OF INSPECTIONS CONDUCTED PURSUANT10
TO THIS SUBSECTION (2)(e). THE BHA MAY TAKE ADDITIONAL ACTIONS IN11
ACCORDANCE WITH SECTION 27-50-1005.12
(5) (a) A RECOVERY RESIDENCE OWNER , EMPLOYEE , OR13
ADMINISTRATOR, OR AN INDIVIDUAL RELATED TO A RECOVERY RESIDENCE14
OWNER, EMPLOYEE , OR ADMINISTRATOR , SHALL NOT DIRECTLY OR15
INDIRECTLY:16
(I) S OLICIT, ACCEPT , OR RECEIVE A COMMISSION , PAYMENT ,17
TRADE, FEE, OR ANYTHING OF MONETARY OR MATERIAL VALUE FOR AN18
APPLICATION TO RESIDE IN THE RECOVERY RESIDENCE OR FOR ANY19
PROCESS TO DETERMINE WHETHER AN INDIVIDUAL WILL RESIDE IN THE20
RECOVERY RESIDENCE; OR21
(II) S OLICIT, ACCEPT , OR RECEIVE A COMMISSION , PAYMENT ,22
TRADE, FEE, OR ANYTHING OF MONETARY OR MATERIAL VALUE FROM A23
TOXICOLOGY LABORATORY THAT PROVIDES CONFIRMATION TESTING OR24
POINT-OF-CARE TESTING FOR RECOVERY RESIDENTS.25
(b) SUBSECTION (5)(a)(I) OF THIS SECTION DOES NOT PREVENT A26
RECOVERY RESIDENCE FROM RECEIVING PAYMENT OR FEES:27
113-6-
(I) F OR AN INDIVIDUAL TO RESIDE AND RECEIVE SUPPORTS IN A1
RECOVERY RESIDENCE; OR2
(II) FOR SUPPORTIVE SERVICES THAT ARE REQUIRED TO PLACE THE3
RECOVERY RESIDENT.4
(6) (a) A RECOVERY RESIDENCE SHALL NOT DENY ADMISSION TO5
AN INDIVIDUAL BASED ON THE INDIVIDUAL 'S PARTICIPATION IN6
PRESCRIBED MEDICATION-ASSISTED TREATMENT, AS DEFINED IN SECTION7
23-21-803, FOR A SUBSTANCE USE DISORDER, INCLUDING ANY PRESCRIBED8
OR DISPENSED AGONIST TREATMENT THAT IS APPROVED BY THE FEDERAL9
FOOD AND DRUG ADMINISTRATION. THE RECOVERY RESIDENCE SHALL NOT10
REQUIRE AN INDIVIDUAL TO DISCONTINUE OR TAPER USAGE OF11
MEDICATION-ASSISTED TREATMENT AS A CONDITION OF RESIDING IN THE12
RECOVERY RESIDENCE.13
(b) A RECOVERY RESIDENCE SHALL NOT RESTRICT AN INDIVIDUAL'S14
ABILITY TO TAKE PRESCRIBED MEDICATIONS , INCLUDING CONTROLLED15
MEDICATIONS IN ACCORDANCE WITH A PHYSICIAN 'S ORDERS , AS A16
CONDITION FOR THE INDIVIDUAL TO RESIDE IN THE RECOVERY RESIDENCE.17
(c) A RECOVERY RESIDENCE MAY IMPLEMENT REQUIREMENTS18
RELATED TO THE STORAGE AND STAFF ADMINISTRATION OF PRESCRIBED19
MEDICATIONS AS A MEANS OF ENSURING SAFETY AND PREVENTING20
DIVERSION OF MEDICATIONS.21
(7) A RECOVERY RESIDENCE THAT IS LICENSED AS A BEHAVIORAL22
HEALTH ENTITY TO PROVIDE ONSITE OUTPATIENT SERVICES TO RECOVERY23
RESIDENTS MUST BE LICENSED AS A RECOVERY RESIDENCE . THE BHA24
SHALL ADOPT RULES TO CREATE STREAMLINED REGULATIONS FOR A25
RECOVERY RESIDENCE THAT IS LICENSED AS A BEHAVIORAL HEALTH26
ENTITY, BUT THE RULES MUST NOT DUPLICATE OVERSIGHT REGULATIONS27
113-7-
FOR A BEHAVIORAL HEALTH ENTITY THAT IS LICENSED TO PROVIDE ONSITE1
OUTPATIENT SERVICES . AT A MINIMUM, THE RULES MUST INCLUDE , BUT2
ARE NOT LIMITED TO , RECOVERY RESIDENT RIGHTS , PHYSICAL3
ENVIRONMENT STANDARDS, AND INCIDENT REPORTING.4
(8) THE BHA SHALL MAINTAIN A PUBLICLY AVAILABLE LIST OF5
LICENSED RECOVERY RESIDENCES.6
27-50-1002. Rules for minimum standards of operation -7
criminal history background check for employment or contract for8
services.9
(1) NO LATER THAN MAY 1, 2027, THE BHA SHALL ADOPT RULES10
THAT ESTABLISH THE MINIMUM STANDARDS FOR OPERATING A RECOVERY11
RESIDENCE IN THE STATE, WHICH RULES MUST INCLUDE:12
(a) REQUIREMENTS THAT MUST BE MET TO ENSURE THE HEALTH ,13
SAFETY, AND WELFARE OF ALL RECOVERY RESIDENTS , INCLUDING14
REQUIREMENTS RELATED TO:15
(I) RECOVERY RESIDENT RIGHTS AND CONSUMER NOTICE;16
(II) A DMINISTRATIVE AND OPERATIONAL STANDARDS FOR17
GOVERNANCE, CONSUMER RECORDS AND RECORD RETENTION, PERSONNEL,18
ADMISSION AND DISCHARGE CRITERIA , POLICIES AND PROCEDURES TO19
ENSURE COMPLIANCE WITH REGULATORY AND CONTRACT REQUIREMENTS,20
QUALITY MANAGEMENT, DISCHARGE AND TRANSFER POLICIES, INDIVIDUAL21
RELAPSE AND SAFETY PLANS, AND PROGRAM AGREEMENTS;22
(III) DATA REPORTING;23
(IV) P HYSICAL RESIDENCE STANDARDS , WHICH INCLUDES24
OBTAINING ALL REQUIRED BUILDING AND SAFETY INSPECTIONS AND25
PERMITS AND COMPLIANCE WITH APPLICABLE BUILDING AND PROPERTY26
MAINTENANCE CODES THAT ARE ENFORCED BY A LOCAL GOVERNMENT ;27
113-8-
AND1
(V) OCCURRENCE REPORTING PURSUANT TO SECTION 27-50-1006;2
(b) OWNER AND MANAGER REQUIREMENTS, INCLUDING CRIMINAL3
HISTORY BACKGROUND CHECK REQUIREMENTS;4
(c) P ROCEDURES FOR MANDATORY BHA INSPECTIONS OF5
RECOVERY RESIDENCES;6
(d) PROCEDURES FOR WRITTEN PLANS FOR A RECOVERY RESIDENCE7
TO CORRECT VIOLATIONS IDENTIFIED AS A RESULT OF AN INSPECTION;8
(e) I NTERMEDIATE ENFORCEMENT REMEDIES , AS DESCRIBED IN9
SECTION 27-50-1005 (3);10
(f) FACTORS THAT A RECOVERY RESIDENCE MUST CONSIDER WHEN11
DETERMINING WHETHER AN APPLICANT'S CONVICTION OR PLEA OF GUILTY12
OR NOLO CONTENDERE TO AN OFFENSE DISQUALIFIES THE APPLICANT FROM13
EMPLOYMENT WITH THE RECOVERY RESIDENCE. THE STATE BOARD SHALL14
DETERMINE WHICH OFFENSES REQUIRE CONSIDERATION OF THESE15
FACTORS.16
(g) IF A RECOVERY RESIDENCE WAS CERTIFIED TO OPERATE PRIOR17
TO JULY 1, 2027, TIMELINES FOR COMPLYING WITH THE RECOVERY18
RESIDENCE STANDARDS THAT EXCEED THE STANDARDS UNDER WHICH A19
RECOVERY RESIDENCE WAS PREVIOUSLY CERTIFIED.20
(2) A RECOVERY RESIDENCE SHALL REQUIRE AN APPLICANT21
SEEKING EMPLOYMENT WITH , OR SEEKING TO CONTRACT TO PROVIDE22
SERVICES FOR , THE RECOVERY RESIDENCE TO SUBMIT TO A CRIMINAL23
HISTORY BACKGROUND CHECK BEFORE EMPLOYMENT OR EXECUTION OF A24
CONTRACT. THE RECOVERY RESIDENCE SHALL PAY THE COSTS OF THE25
CRIMINAL HISTORY BACKGROUND CHECK , WHICH MUST BE CONDUCTED26
NOT MORE THAN NINETY DAYS BEFORE THE APPLICANT'S EMPLOYMENT OR27
113-9-
CONTRACT BEGINS.1
(3) THIS SECTION DOES NOT EXEMPT A RECOVERY RESIDENCE OR2
ITS RESIDENTS OR OPERATORS FROM COMPLYING WITH ANY STATE ,3
COUNTY, OR MUNICIPAL HEALTH, SAFETY, OR FIRE CODES.4
(4) A NY RULES OR REGULATIONS ADOPTED PURSUANT TO THIS5
SECTION MUST NOT PROHIBIT , OR BE CONSTRUED TO AUTHORIZE THE6
PROHIBITION OF , AN INDIVIDUAL FROM RESIDING IN A RECOVERY7
RESIDENCE SOLELY ON THE BASIS OF AN INDIVIDUAL 'S PRIOR CRIMINAL8
JUSTICE INVOLVEMENT OR PAST CRIMINAL CONVICTIONS.9
27-50-1003. Applications - investigations - inspections -10
criminal history background checks for owners and managers.11
(1) A N APPLICATION FOR A LICENSE TO OPERATE A RECOVERY12
RESIDENCE MUST BE SUBMITTED ANNUALLY TO THE BHA IN THE FORM13
AND MANNER PRESCRIBED BY THE BHA.14
(2) (a) THE BHA SHALL INVESTIGATE AND REVIEW EACH ORIGINAL15
APPLICATION AND EACH RENEWAL APPLICATION FOR A LICENSE TO16
OPERATE A RECOVERY RESIDENCE . THE BHA SHALL DETERMINE AN17
APPLICANT'S COMPLIANCE WITH THIS PART 10 AND THE RULES ADOPTED18
PURSUANT TO SECTION 27-50-1002 BEFORE THE BHA ISSUES A LICENSE.19
(b) T HE BHA SHALL INSPECT THE APPLICANT 'S FACILITY AS IT20
DEEMS NECESSARY TO ENSURE THE HEALTH , SAFETY, AND WELFARE OF21
THE RECOVERY RESIDENTS ARE PROTECTED . THE RECOVERY RESIDENCE22
SHALL SUBMIT IN WRITING, IN A FORM PRESCRIBED BY THE BHA, A PLAN23
DETAILING THE MEASURES THAT THE RECOVERY RESIDENCE WILL TAKE TO24
CORRECT VIOLATIONS FOUND BY THE BHA AS A RESULT OF INSPECTIONS25
UNDERTAKEN PURSUANT TO THIS SUBSECTION (2).26
(c) U PON APPROVAL OF AN APPLICATION FOR A LICENSE , THE27
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APPLICANT SHALL PROVIDE NOTICE TO THE LOCAL GOVERNMENT THAT1
REGULATES ZONING AND LAND USE FOR THE JURISDICTION WHERE THE2
RECOVERY RESIDENCE WILL BE LOCATED. THE NOTICE MUST INCLUDE:3
(I) A STATEMENT OF THE APPLICANT 'S INTENT TO OPERATE A4
RECOVERY RESIDENCE UPON ISSUANCE OF A RECOVERY RESIDENCE5
LICENSE BY THE BHA;6
(II) THE LOCATION OF THE RECOVERY RESIDENCE; AND7
(II) T HE CONTACT INFORMATION FOR THE APPROPRIATE8
INDIVIDUAL WHO CAN BE REACHED TO ADDRESS QUESTIONS AND9
CONCERNS ABOUT THE RECOVERY RESIDENCE.10
(3) T HE BHA SHALL KEEP ALL HEALTH -CARE INFORMATION OR11
DOCUMENTS OBTAINED DURING AN INSPECTION OR INVESTIGATION OF A12
RECOVERY RESIDENCE PURSUANT TO SUBSECTION (2) OF THIS SECTION13
CONFIDENTIAL. RECORDS, INFORMATION, OR DOCUMENTS OBTAINED ARE14
EXEMPT FROM DISCLOSURE PURSUANT TO SECTIONS 24-72-204 AND15
27-50-510.16
(4) (a) A FTER SUBMITTING AN APPLICATION FOR A LICENSE TO17
OPERATE A RECOVERY RESIDENCE, OR WITHIN TEN DAYS AFTER A CHANGE18
IN OWNERSHIP OR MANAGEMENT OF A RECOVERY RESIDENCE , EACH19
APPLICANT OR OWNER AND MANAGER SHALL SUBMIT TO A20
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. THE APPLICANT21
OR OWNER AND MANAGER MUST PAY THE COSTS ASSOCIATED WITH THE22
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK.23
(b) AFTER SUBMITTING AN APPLICATION FOR A LICENSE OR WITHIN24
TEN DAYS AFTER A CHANGE IN OWNERSHIP OR MANAGEMENT , THE25
APPLICANT OR OWNER AND MANAGER SHALL HAVE THE APPLICANT 'S OR26
OWNER'S AND MANAGER 'S FINGERPRINTS TAKEN BY A LOCAL LAW27
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ENFORCEMENT AGENCY , OR ANY THIRD PARTY APPROVED BY THE1
COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF OBTAINING2
A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. THE APPLICANT3
OR OWNER AND M ANAGER SHALL AUTHORIZE THE ENTITY TAKING THE4
APPLICANT'S OR OWNER'S AND MANAGER'S FINGERPRINTS TO SUBMIT, AND5
THE ENTITY SHALL SUBMIT , THE COMPLETE SET OF THE APPLICANT 'S OR6
OWNER'S AND MANAGER'S FINGERPRINTS TO THE COLORADO BUREAU OF7
INVESTIGATION FOR THE PURPOSE OF CONDUCTING A FINGERPRINT-BASED8
CRIMINAL HISTORY RECORD CHECK.9
(c) I F AN APPROVED THIRD PARTY TAKES THE APPLICANT 'S OR10
OWNER'S AND MA NAGER'S FINGERPRINTS , THE FINGERPRINTS MAY BE11
ELECTRONICALLY CAPTURED USING COLORADO BUREAU OF12
INVESTIGATION-APPROVED LIVESCAN EQUIPMENT. THIRD-PARTY VENDORS13
SHALL NOT KEEP THE APPLICANT 'S OR OWNER 'S AND MANAGER 'S14
INFORMATION FOR MORE THAN THIRTY DAYS.15
(d) THE COLORADO BUREAU OF INVESTIGATION SHALL USE THE16
APPLICANT'S OR OWNER'S AND MANAGER'S FINGERPRINTS TO CONDUCT A17
CRIMINAL HISTORY RECORD CHECK USING THE BUREAU 'S RECORDS. THE18
COLORADO BUREAU OF INVESTIGATION SHALL ALSO FORWARD THE19
FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE20
PURPOSE OF CONDUCTING A FINGERPRINT -BASED CRIMINAL HISTORY21
RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION, APPLICANT22
OR OWNER AND MANAGER, BHA, AND THE ENTITY TAKING FINGERPRINTS23
SHALL COMPLY WITH THE FEDERAL BUREAU OF INVESTIGATION 'S24
REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY RECORD CHECK.25
(e) THE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE26
RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE BHA, AND THE27
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BHA IS AUTHORIZED TO RECEIVE THE RESULTS OF THE FEDERAL BUREAU1
OF INVESTIGATION'S CRIMINAL HISTORY RECORD CHECK.2
(f) THE BHA SHALL EVALUATE INFORMATION RECEIVED FROM THE3
CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE WITH SECTIONS4
24-5-101 AND 12-20-206 AND SHALL ONLY DENY AN APPLICATION BASED5
ON INFORMATION OBTAINED FROM THE CRIMINAL HISTORY RECORD CHECK6
IF THE DENIAL IS WARRANTED PURSUANT TO SECTIONS 24-5-101 AND7
12-20-206.8
(g) T HE BHA SHALL KEEP ANY INFORMATION OBTAINED9
PURSUANT TO THIS SUBSECTION (4) CONFIDENTIAL.10
(5) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (6) OF THIS11
SECTION, THE BHA SHALL ISSUE OR RENEW A LICENSE TO OPERATE A12
RECOVERY RESIDENCE WHEN THE BHA IS SATISFIED THAT THE APPLICANT13
OR LICENSEE IS IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN14
THIS PART 10 AND THE RULES ADOPTED PURSUANT TO SECTION15
27-50-1002. EXCEPT FOR PROVISIONAL LICENSES ISSUED IN ACCORDANCE16
WITH SUBSECTION (6) OF THIS SECTION , A LICENSE ISSUED OR RENEWED17
PURSUANT TO THIS SECTION EXPIRES ONE YEAR AFTER THE DATE OF18
ISSUANCE OR RENEWAL.19
(6) (a) THE BHA MAY ISSUE A PROVISIONAL LICENSE TO OPERATE20
A RECOVERY RESIDENCE TO AN APPLICANT FOR THE PURPOSE OF21
OPERATING A RECOVERY RESIDENCE FOR A PERIOD OF NINETY DAYS IF THE22
APPLICANT IS TEMPORARILY UNABLE TO CONFORM TO ALL OF THE23
MINIMUM STANDARDS REQUIRED, AND THE RULES ADOPTED, PURSUANT TO24
THIS PART 10; EXCEPT THAT THE BHA SHALL NOT ISSUE A PROVISIONAL25
LICENSE TO AN APPLICANT IF THE OPERATION OF THE RECOVERY26
RESIDENCE WILL ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE27
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OF THE RECOVERY RESIDENTS.1
(b) AS A CONDITION OF OBTAINING A PROVISIONAL LICENSE, THE2
APPLICANT SHALL PROVIDE EVIDENCE TO THE BHA THAT ATTEMPTS ARE3
BEING MADE TO CONFORM AND COMPLY WITH THE APPLICABLE4
STANDARDS REQUIRED, AND RULES ADOPTED, PURSUANT TO THIS PART 10.5
(c) THE BHA SHALL NOT ISSUE A PROVISIONAL LICENSE PRIOR TO6
THE COMPLETION OF A CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE7
WITH SUBSECTION (4) OF THIS SECTION.8
(d) T HE BHA MAY ISSUE A SECOND PROVISIONAL LICENSE TO9
EFFECT COMPLIANCE . THE BHA SHALL NOT ISSUE A THIRD OR10
SUBSEQUENT PROVISIONAL LICENSE TO AN APPLICANT IN A YEAR.11
27-50-1004. Fees - rules.12
(1) (a) N O LATER THAN MAY 1, 2027, THE BHA SHALL ADOPT13
RULES ESTABLISHING A SCHEDULE OF LICENSE APPLICATION FEES ,14
INCLUDING RENEWAL APPLICATION FEES, SUFFICIENT TO MEET THE DIRECT15
AND INDIRECT COSTS OF ADMINISTRATION AND ENFORCEMENT OF THIS16
PART 10.17
(b) T HE BHA SHALL ASSESS AND COLLECT , FROM RECOVERY18
RESIDENCES SUBJECT TO LICENSURE PURSUANT TO SECTION 27-50-1001,19
FEES IN ACCORDANCE WITH THE FEE SCHEDULE ESTABLISHED PURSUANT20
TO SUBSECTION (1)(a) OF THIS SECTION.21
(2) T HE BHA SHALL TRANSMIT FEES COLLECTED PURSUANT TO22
THIS SECTION TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEY23
TO THE BEHAVIORAL HEALTH LICENSING CASH FUND CREATED PURSUANT24
TO SECTION 27-50-506.25
(3) BEHAVIORAL HEALTH ADMINISTRATION FUNCTIONS RELATED26
TO THE LICENSING OF RECOVERY RESIDENCES PURSUANT TO THIS PART 1027
113-14-
MUST BE ENTIRELY FUNDED WITH THE FEES COLLECTED PURS UANT TO1
SUBSECTION (1) OF THIS SECTION.2
27-50-1005. Denial, suspension, or revocation of license -3
restrictions - fines.4
(1) (a) WHEN THE BHA DENIES AN APPLICATION FOR AN INITIAL5
LICENSE TO OPERATE A RECOVERY RESIDENCE PURSUANT TO SECTION6
27-50-1003, THE BHA SHALL NOTIFY THE APPLICANT IN WRITING BY7
MAILING A NOTICE TO THE ADDRESS SHOWN ON THE APPLICATION . AN8
APPLICANT AGGRIEVED BY A DENIAL MAY PURSUE A REVIEW AS PROVIDED9
IN ARTICLE 4 OF TITLE 24 AND THE BHA SHALL FOLLOW THE PROCEDURES10
SPECIFIED IN ARTICLE 4 OF TITLE 24.11
(b) THE BHA MAY DENY AN APPLICATION IF THE APPLICANT, AN12
AFFILIATE OF THE APPLICANT, A PERSON EMPLOYED BY THE APPLICANT, OR13
A PERSON WHO RESIDES WITH THE APPLICANT IS THE SUBJECT OF, OR HAS14
PREVIOUSLY BEEN THE SUBJECT OF , A NEGATIVE LICENSING ACTION OR15
CERTIFICATION WITHDRAWAL OR TERMINATION.16
(2) (a) THE BHA MAY SUSPEND, REVOKE, OR REFUSE TO RENEW17
THE LICENSE OF A RECOVERY RESIDENCE THAT IS OUT OF COMPLIANCE18
WITH THE REQUIREMENTS OF, OR RULES ADOPTED PURSUANT TO, THIS PART19
10. SUSPENSION, REVOCATION , OR REFUSAL MUST NOT OCCUR UNTIL20
AFTER A HEARING AND IN COMPLIANCE WITH THE PROVISIONS AND21
PROCEDURES SPECIFIED IN ARTICLE 4 OF TITLE 24; EXCEPT THAT THE BHA22
MAY SUMMARILY SUSPEND A RECOVERY RESIDENCE'S LICENSE BEFORE A23
HEARING IN ACCORDANCE WITH SECTION 24-4-104 (4)(a).24
(b) AFTER CONDUCTING A HEARING IN ACCORDANCE WITH ARTICLE25
4 OF TITLE 24, THE BHA MAY REVOKE OR REFUSE TO RENEW A RECOVERY26
RESIDENCE'S LICENSE IF THE OWNER , MANAGER, OR ADMINISTRATOR OF27
113-15-
THE RECOVERY RESIDENCE HAS BEEN CONVICTED OF A FELONY OR1
MISDEMEANOR INVOLVING CONDUCT THAT THE BHA DETERMINES COULD2
POSE A RISK TO THE HEALTH , SAFETY, OR WELFARE OF THE RECOVERY3
RESIDENTS.4
(3) T HE BHA MAY IMPOSE INTERMEDIATE RESTRICTIONS OR5
CONDITIONS ON A RECOVERY RESIDENCE THAT MAY INCLUDE AT LEAST6
ONE OF THE FOLLOWING:7
(a) R ETAINING A CONSULTANT TO ADDRESS CORRECTIVE8
MEASURES;9
(b) MONITORING BY THE BHA FOR A SPECIFIC PERIOD;10
(c) PROVIDING ADDITIONAL TRAINING TO EMPLOYEES, OWNERS, OR11
OPERATORS OF THE RECOVERY RESIDENCE;12
(d) COMPLYING WITH A DIRECTED WRITTEN PLAN TO CORRECT THE13
VIOLATION; OR14
(e) P AYING A CIVIL FINE IN LIEU OF SUSPENSION , REVOCATION,15
REFUSAL, OR ANY OTHER ADVERSE LICENSING ACTION, WHICH FINE MUST16
NOT EXCEED TWO THOUSAND DOLLARS IN A CALENDAR YEAR. THE BHA17
SHALL TRANSMIT MONEY RECEIVED PURSUANT TO THIS SUBSECTION (3)(e)18
TO THE STATE TREASURER , WHO SHALL CREDIT THE MONEY TO THE19
GENERAL FUND.20
27-50-1006. Report of occurrences - investigations - rules -21
definition.22
(1) EACH RECOVERY RESIDENCE SHALL REPORT TO THE BHA ALL23
OF THE FOLLOWING OCCURRENCES:24
(a) A NY OCCURRENCE THAT RESULTS IN THE DEATH OF A25
RECOVERY RESIDENT OF A RECOVERY RESIDENCE AND IS REQUIRED TO BE26
REPORTED TO THE CORONER PURSUANT TO SECTION 30-10-606 AS ARISING27
113-16-
FROM AN UNEXPLAINED CAUSE OR UNDER SUSPICIOUS CIRCUMSTANCES;1
(b) ANY OCCURRENCE THAT RESULTS IN ANY OF THE FOLLOWING2
SERIOUS INJURIES TO A RECOVERY RESIDENT:3
(I) BRAIN OR SPINAL CORD INJURIES; OR4
5
(II) S ECOND- OR THIRD -DEGREE BURNS INVOLVING TWENTY6
PERCENT OR MORE OF THE BODY SURFACE AREA OF AN ADULT RECOVERY7
RESIDENT OR FIFTEEN PERCENT OR MORE OF THE BODY SURFACE AREA OF8
A CHILD RESIDING IN THE RECOVERY RESIDENCE;9
(c) ANY OCCURRENCE INVOLVING PHYSICAL, SEXUAL, OR VERBAL10
ABUSE OF A RECOVERY RESIDENT BY ANOTHER RESIDENT, AN EMPLOYEE11
OF THE RECOVERY RESIDENCE , OR A VISITOR , AS DESCRIBED IN SECTION12
18-3-202, 18-3-203, 18-3-204, 18-3-206, 18-3-402, 18-3-404, OR13
18-3-405;14
(d) A NY OCCURRENCE INVOLVING CARETAKER NEGLECT OF A15
RECOVERY RESIDENT, AS DEFINED IN SECTION 26-3.1-101 (2.3);16
(e) A NY OCCURRENCE INVOLVING MISAPPROPRIATION OF A17
RECOVERY RESIDENT 'S PROPERTY. AS USED IN THIS SUBSECTION (1)(e),18
"MISAPPROPRIATION OF A RECOVERY RESIDENT 'S PROPERTY " MEANS A19
PATTERN OF OR DELIBERATELY MISPLACING , EXPLOITING , OR20
WRONGFULLY USING , EITHER TEMPORARILY OR PERMANENTLY , A21
RECOVERY RESIDENT'S BELONGINGS OR MONEY WITHOUT THE RECOVERY22
RESIDENT'S CONSENT.23
(f) ANY OCCURRENCE IN WHICH DRUGS INTENDED FOR USE BY A24
RECOVERY RESIDENT ARE DIVERTED FOR USE BY ANOTHER PERSON. 25
(2) T HE STATE BOARD SHALL ADOPT RULES SPECIFYING THE26
MANNER, TIME PERIOD , AND FORM IN WHICH THE REPORTS REQUIRED27
113-17-
PURSUANT TO THIS SECTION MUST BE MADE.1
(3) A REPORT SUBMITTED PURSUANT TO SUBSECTION (1) OF THIS2
SECTION IS STRICTLY CONFIDENTIAL ; EXCEPT THAT INFORMATION IN A3
REPORT MAY BE TRANSMITTED TO AN APPROPRIATE REGULATORY AGENCY4
HAVING JURISDICTION FOR DISCIPLINARY OR LICENSE SANCTIONS . THE5
INFORMATION IN THE REPORTS MUST NOT BE MADE PUBLIC UPON6
SUBPOENA, SEARCH WARRANT, DISCOVERY PROCEEDINGS, OR OTHERWISE,7
EXCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, AND IS EXEMPT8
FROM DISCLOSURE PURSUANT TO SECTION 24-72-204.9
(4) T HE BHA SHALL INVESTIGATE EACH REPORT SUBMITTED10
PURSUANT TO SUBSECTION (1) OF THIS SECTION THAT THE BHA11
DETERMINES WAS APPROPRIATELY SUBMITTED . FOR EACH REPORT12
INVESTIGATED, THE BHA SHALL PREPARE A SUMMARY OF ITS FINDINGS ,13
INCLUDING THE BHA'S CONCLUSIONS AND WHETHER THERE WAS A14
VIOLATION OF LICENSING STANDARDS OR A DEFICIENCY AND WHETHER THE15
RECOVERY RESIDENCE ACTED APPROPRIATELY IN RESPONSE TO THE16
OCCURRENCE. IF THE INVESTIGATION IS NOT CONDUCTED ON SITE , THE17
BHA SHALL SPECIFY IN THE SUMMARY HOW THE INVESTIGATION WAS18
CONDUCTED. AN INVESTIGATION CONDUCTED PURSUANT TO THIS19
SUBSECTION (4) IS IN ADDITION TO AND NOT IN LIEU OF AN INSPECTION20
REQUIRED TO BE CONDUCTED PURSUANT TO SECTION 27-50-503 (2) WITH21
REGARD TO LICENSING.22
(5) (a) T HE BHA SHALL MAKE THE FOLLOWING INFORMATION23
AVAILABLE TO THE PUBLIC:24
(I) I NVESTIGATION SUMMARIES PREPARED PURSUANT TO25
SUBSECTION (4) OF THIS SECTION;26
(II) C OMPLAINTS AGAINST A RECOVERY RESIDENCE THAT HAVE27
113-18-
BEEN FILED WITH THE BHA AND THAT THE BHA HAS INVESTIGATED ,1
INCLUDING THE CONCLUSIONS REACHED BY THE BHA AND WHETHER2
THERE WAS A VIOLATION OF LICENSING OR APPROVAL STANDARDS OR A3
DEFICIENCY AND WHETHER THE RECOVERY RESIDENCE ACTED4
APPROPRIATELY IN RESPONSE TO THE SUBJECT OF THE COMPLAINT; AND5
(III) A LISTING OF DEFICIENCY CITATIONS ISSUED AGAINST EACH6
RECOVERY RESIDENCE.7
(b) THE INFORMATION RELEASED PURSUANT TO THIS SUBSECTION8
(5) MUST NOT IDENTIFY THE RECOVERY RESIDENT OR THE HEALTH -CARE9
PROFESSIONAL INVOLVED IN THE REPORT.10
(6) PRIOR TO THE COMPLETION OF AN INVESTIGATION PURSUANT11
TO THIS SECTION, THE BHA MAY RESPOND TO AN INQUIRY REGARDING A12
REPORT RECEIVED PURSUANT TO SUBSECTION (1) OF THIS SECTION BY13
CONFIRMING THAT THE BHA HAS RECEIVED THE REPORT AND THAT AN14
INVESTIGATION IS PENDING.15
(7) IN ADDITION TO THE REPORT TO THE BHA FOR AN OCCURRENCE16
DESCRIBED IN SUBSECTION (1)(c) OF THIS SECTION , THE OCCURRENCE17
MUST BE REPORTED TO A LAW ENFORCEMENT AGENCY.18
27-50-1007. Repeal of part - sunset review.19
(1) (a) THIS PART 10 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2033.20
(b) B EFORE ITS REPEAL , THE DEPARTMENT OF REGULATORY21
AGENCIES SHALL REVIEW THE REGULATION OF RECOVERY RESIDENCES IN22
ACCORDANCE WITH SECTION 24-34-104.23
SECTION 3. In Colorado Revised Statutes, 24-34-104, add24
(34)(a)(XIV) as follows:25
24-34-104. General assembly review of regulatory agencies26
and functions for repeal, continuation, or reestablishment - legislative27
113-19-
declaration - repeal.1
(34) (a) The following agencies, functions, or both, are scheduled2
for repeal on September 1, 2033:3
(XIV) THE REGULATION OF RECOVERY RESIDENCES PURSUANT TO4
PART 10 OF ARTICLE 50 OF TITLE 27.5
SECTION 4. In Colorado Revised Statutes, amend 27-50-506 as6
follows:7
27-50-506. Behavioral health licensing cash fund - creation.8
The behavioral health licensing cash fund, referred to in this9
section as the "fund", is created in the state treasury. The fund consists of10
money credited to the fund pursuant to section 27-50-504 (2). The money11
in the fund is subject to annual appropriation by the general assembly for12
the direct and indirect costs of the BHA in performing its duties pursuant13
to this part 5 AND PART 10 OF THIS ARTICLE 50. At the end of any state14
fiscal year, all unexpended and unencumbered money in the fund remains15
in the fund and must not be credited or transferred to the general fund or16
any other fund.17
SECTION 5. In Colorado Revised Statutes, 27-80-129, add (13)18
as follows:19
27-80-129. Regulation of recovery resid ences - rules -20
definitions - repeal.21
(13) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.22
SECTION 6. In Colorado Revised Statutes, 27-50-105, amend23
(1)(a); and repeal (1)(ff) as follows:24
27-50-105. Administration of behavioral health programs -25
state plan - sole mental health authority - gifts, grants, or donations.26
(1) The BHA shall administer and provide the following27
113-20-
behavioral health programs and services:1
(a) The regulation of recovery residences pursuant to section2
27-80-129 PART 10 OF THIS ARTICLE 50;3
(ff) The recovery residence certifying body pursuant to section4
27-80-122;5
SECTION 7. In Colorado Revised Statutes, 27-80-122, add (3)6
as follows:7
27-80-122. Recovery residence certifying body - competitive8
selection process - appropriation - repeal.9
(3) THIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2027.10
SECTION 8. In Colorado Revised Statutes, 27-80-125, amend11
(3) as follows:12
27-80-125. Housing assistance for individuals with a substance13
use disorder - report - rules - appropriation.14
(3) In awarding temporary financial housing assistance in15
accordance with this section, the BHA shall consid er funding for16
individuals entering into a recovery residence, as defined in section17
27-80-129 SECTION 27-50-101.18
SECTION 9. In Colorado Revised Statutes, 30-28-115, amend19
(2)(b.7) as follows:20
30-28-115. Public welfare to be promoted - legislative21
declaration - construction - definitions.22
(2) (b.7) The general assembly finds and declares that it is the23
policy of the state to encourage, promote, and assist persons who are in24
recovery from substance use disorders to live in residential25
neighborhoods. Further, the general assembly declares that the use of26
recovery residences, as defined in section 27-80-129 (1)(b) SECTION27
113-21-
27-50-101, by persons in recovery from substance use disorders is a1
matter of statewide concern and that recovery residences are a residential2
use of property for zoning purposes and subject only to the regulations of3
like dwellings in the same zone.4
SECTION 10. In Colorado Revised Statutes, 31-23-303, amend5
(2)(b.7) as follows:6
31-23-303. Legislative declaration.7
(2) (b.7) The general assembly finds and declares that it is the8
policy of the state to encourage, promote, and assist persons who are in9
recovery from substance use disorders to live in residential10
neighborhoods. Further, the general assembly declares that the use of11
recovery residences, as defined in section 27-80-129 (1)(b) SECTION12
27-50-101, by persons in recovery from substance use disorders is a13
matter of statewide concern and that recovery residences are a residential14
use of property for zoning purposes and subject only to the regulations of15
like dwellings in the same zone.16
SECTION 11. In Colorado Revised Statutes, 44-3-108, amend17
(2)(b) as follows:18
44-3-108. Substance use disorders - recovery - retail liquor19
sales - stakeholder group - rules - repeal.20
(2) The liquor enforcement division shall convene a stakeholder21
group of the following members to develop the rules required in22
subsection (1) of this section:23
(b) Two individuals representing a recovery residence, as defined24
in section 27-80-129 (1)(b) SECTION 27-50-101;25
SECTION 12. In Colorado Revised Statutes, repeal 27-80-107.7.26
SECTION 13. Act subject to petition - effective date. This act27
113-22-
takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly (August2
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a3
referendum petition is filed pursuant to section 1 (3) of article V of the4
state constitution against this act or an item, section, or part of this act5
within such period, then the act, item, section, or part will not take effect6
unless approved by the people at the general election to be held in7
November 2026 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
113-23-