HB 1120 Effective Now - Age 12 Minor Consent 

During the 2019 legislative session, the Colorado General Assembly passed HB19-1120: Youth Mental Health Education and Suicide Prevention. The new law changes the practice requirements for all licensed mental health professionals in the state of Colorado. 

The law allows a licensed mental health professional to provide outpatient psychotherapy services to a minor who is 12 or older without the consent of the minors parent or legal guardian if the mental health professional determines that:

• The minor is knowingly and voluntarily seeking such services;
• The provision of psychotherapy services in clinically indicated and necessary to the minor’s well-being 

To reiterate, inpatient treatment is not covered under the provisions of the new law.

The law also included several directives as it relates to parental notification. These provisions include:

• A licensed mental health professional may notify the minor’s parents or legal guardian of the psychotherapy services given or needed, with the minor’s consent, unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor’s care and treatment.
• A licensed mental health professional must speak with the minor about the importance of involving and notifying.
• A licensed mental health professionals also have the authority to notify the minor’s parent or legal guardian of the psychotherapy services given or needed, without the minor’s consent, if in the professionals opinion of the professional, the minor is unable to manage their care of treatment.

 Licensed mental health professionals serving those between 12-14 and must also perform certain documentation requirements. Specifically, a licensed mental health professional must:

• Fully document when the licensed mental health professional attempts to contact or notify the minor’s parent or legal guardian, and whether the attempt was successful or unsuccessful, or the reason why, in the mental health professionals opinions, it would be inappropriate to contact or notify the minor’s parent or legal guardian.
• The documentation must be included in the minor’s clinical record, along with a written statement signed by the minor indicating that the minor is voluntarily seeking psychotherapy services. 

In addition, there was a specific requirement that psychotherapy services must be provided in a culturally appropriate manner. The overall provision of the services must be culturally appropriate and provided in a manner and format to support individuals with limited English proficiency or challenges with accessibility related to a disability and with respect for diverse background, including individuals with different cultural origins and individuals who are lesbian, gay, bisexual, or transgender.

The current duty to warn for mental health professionals applies when a minor communicates a threat or intent to harm themselves or others. The duty to warn is expanded to require the licensed mental health professional to notify the minor’s parent or legal guardian if the minor communicates an intent to commit suicide.  

 To be clear, the new law allows, but does not require, a minor 12 or older to consent to treatment. If a minor presents for treatment with their parents or legal guardians and the parents or legal guardians consent to the treatment than a licensed mental health professional does not have to require the 12 year old to sign the paperwork. These new provisions only apply to minors who are consenting to treatment without the consent of their parents or legal guardians.

Here is a link to the final language of the bill which outlines the requirements listed above in detail - https://leg.colorado.gov/sites/default/files/2019a_1120_signed.pdf

 There are still lots of unknowns about how this new law will work in practice but CPA is in close communications with the other licensed mental health providers as well as the Department of Regulatory Agencies. If you have questions please don’t hesitate to send our way and we will work with our partners to answer to the best of our ability.