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Mental Hlth Professional Disclosure School Safety

Concerning an exception to the prohibition against disclosing confidential communications with a mental health professional when school safety is at risk.

HB16-1063 2016 Regular Session Not stated Civil Law Education & School Finance (Pre & K-12) Health Care & Health Insurance Higher Education

Cost estimates

At the first note read
Stated in words
FACT January 20, 2016
At the last note read
Stated in words
FACT July 25, 2016
What it actually cost
not published
No Colorado source reports spending for one bill

Every figure here is an estimate by Legislative Council Staff on the date shown, about the version of the bill in front of them that day. It is not a cost.

The appropriation

The note states no appropriation is required.

An appropriation is money the legislature sets aside. It is not money spent.

The appropriation field, read from the note: None.

Bill summary

Except under limited circumstances, current law prohibits a licensed, registered, or certified mental health professional from disclosing, without the client's consent, confidential communications made by, or advice given to, the client in the course of the professional relationship.

The act grants an exception to the prohibition against disclosure when the mental health professional's client either:

  • Makes an articulable and significant threat against a school or its occupants; or
  • Exhibits behavior that, in the mental health professional's reasonable judgment, creates an articulable and significant threat to the health or safety of students, teachers, administrators, or other school personnel.

The mental health professional must:

  • Limit the disclosure to appropriate school or school district personnel and law enforcement agencies; and
  • Maintain confidentiality of the disclosed information consistent with the requirements of the federal 'Family Educational Rights and Privacy Act' (FERPA), but may disclose information in accordance with FERPA in order to protect the health or safety of students or others.

A mental health professional is not liable for disclosing or failing to disclose a confidential communication, except to the extent the mental health professional has a duty under current law to warn and protect.

The act defines 'school' to include any public or private preschool, elementary, middle, junior high, or high school, or higher education institution.

The department of human services is required to apply to the secretary of the United States department of health and human services for an exception to the privacy rule under the federal 'Health Insurance Portability and Accountability Act of 1996', and the exception to the prohibition against disclosure of confidential communications is contingent on federal approval of the requested exception.

FACT Bill summary by Colorado Legislative Council Staff, read 2026-09-23. Printed as published, word for word. Source: leg.colorado.gov (opens in a new tab)