6 Colo. Code Regs. § 1011-4, pt. 2

Current through Register Vol. 47, No. 17, September 10, 2024

Part 2 - DEFINITIONS

2.1 "Abuse" means any of the following acts or omissions:

(A) The non-accidental infliction of bodily injury, serious bodily injury, or death;

(B) Confinement or restraint that is unreasonable under generally accepted standards; or

(C) Subjection to nonconsensual sexual conduct or contact.

2.2 "Administrator" means any person who is responsible for the overall operations of the secure transportation service as set forth in Part 7.2.

2.3 "Based" means a service area in a county where the client is picked up for secure transportation services.

2.4 "Behavioral health" means an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health issues and disorders include substance use disorders, serious psychological distress, suicide, and other mental health disorders, and range from unhealthy stress or subclinical conditions to diagnosable and treatable diseases. The term "behavioral health" is also used to describe service systems that encompass prevention and promotion of emotional health and prevention and treatment services for mental health and substance use disorders.

2.5 "Behavioral health crisis" means a significant disruption in a person's mental or emotional stability or functioning resulting in an urgent need for immediate assessment and treatment to prevent a further or serious deterioration in the person's mental or physical health.

2.6 "Chemical Restraint" means giving an individual medication involuntarily for the purpose of restraining that individual; except that "chemical restraint" does not include the involuntary administration of medication pursuant to Section 27-65-111(5), C.R.S., or administration of medication for voluntary or life-saving medical procedures.

2.7 "Class A" means secure transportation services licensed to use physical restraint during secure transport pursuant to the parameters set forth at Part 8.3.

2.8 "Class B" means secure transportation services that are not licensed to use physical restraint during secure transport.

2.9 "Client" means an individual experiencing a behavioral health crisis who is eligible for urgent secure transportation services as defined at Part 2.22 and who meets the parameters set forth at Part 8.1.

2.10 "Direct client contact" means any staff member who interacts directly with clients either before, during, or after the secure transportation service and is qualified by training pursuant to Part 7.7(A)(1). This may include the driver or any other staff member who is not providing direct client support.

2.11 "Direct client support" means any staff member who interacts directly with clients and is qualified by training pursuant to Part 7.7(A)(2) in mental health first aid, basic first aid, and cardiopulmonary resuscitation (CPR) who is assigned to provide secure transportation services to individuals experiencing a behavioral health crisis.

2.12 "Emergency Medical Services Facility" means a licensed or certified facility that provides emergency medical services, including but not limited to: hospitals, hospital units as defined at Section 25-3-101, C.R.S.; freestanding emergency departments as defined at Section 25-1.5-114, C.R.S.; psychiatric hospitals; community clinics; behavioral health entities; and community mental health centers, crisis stabilization units, or acute treatment units licensed as a behavioral health entity.

2.13 "Exploitation" means an act or omission committed by a person who:

(A) Uses deception, harassment, intimidation, or undue influence for their personal gain to permanently or temporarily deprive a client of the use, benefit, or possession of anything of value;

(B) Forces, compels, coerces, or entices a client for the profit or advantage of the person or another person against the will of the client; or

(C) Misuses the property of a client in a manner that adversely affects the client's ability to receive services or care.

2.14 "Facility", for the purposes of this chapter, means all facility types defined at Part 2.22(C).

2.15 "Harmful act" means an act committed against a client by a secure transportation service staff member when such act is not defined as abuse, neglect, or exploitation but causes harm to the health, safety, or welfare of a client.

2.16 "Licensee" means the person or business entity that is granted a license by the county to operate a secure transportation service and that bears legal responsibility for compliance with all applicable federal, state, and local statutes and regulations.

2.17 "Manager" means any person who is responsible for supervising staff and the day-to-day operations of the secure transportation service as set forth in Part 7.3.

2.18 "Mistreatment" means abuse, neglect, exploitation, or a harmful act.

2.19 "Neglect" means a staff member's failure to provide behavioral health care, physical care, supervision, or any other service necessary for the health or safety of a client during the secure transportation service in a timely manner and with the degree of care that a reasonable person in the same situation would exercise. Neglect also means a staff member knowingly using harassment, undue influence, or intimidation to create a hostile or fearful environment for a client.

2.20 "Owner" means an officer, director, general partner, limited partner, or other person having a financial or equity interest in the secure transportation service. An owner may also serve as the manager and/or administrator of a licensed secure transportation service.

2.21 "Physical restraint", for the purposes of this chapter, means a physical device used to involuntarily restrict the movement of an individual or the movement or normal function of a portion of their body.

2.22 "Secure transportation" or "Secure transportation services" means urgent transportation services provided to individuals experiencing a behavioral health crisis. Secure transportation includes:

(A) An individual being transported pursuant to Section 27-65-103 or 27-65-105(1), C.R.S., transportation from the community to a facility designated by the Executive Director of the Department of Human Services (DHS) for treatment and evaluation pursuant to Article 65 of Title 27;

(B) An individual in need of services pursuant to Articles 81 and 82 of Title 27, transportation from any location to an approved treatment facility, as described in Section 27-81-106, C.R.S., or to a walk-in crisis center that is in operation as part of the behavioral health crisis response system;

(C) An individual who is receiving transportation across levels of care or to a higher or lower level of care, transportation between any of the following types of facilities:

(1) An emergency medical services facility;

(2) A facility designated by the Executive Director of DHS for the treatment and evaluation pursuant to Article 65 of Title 27;

(3) An approved treatment facility, as described in Section 27-81-106, C.R.S.

(4) A walk-in crisis center that is operating as part of the behavioral health crisis response system; or

(5) A behavioral health entity (BHE) licensed pursuant to Section 25-27.6-106, C.R.S., with a current twenty-four (24) hour endorsement.

(D) Secure transportation does not include urgent transportation services provided by law enforcement or personnel employed by or contracted with a law enforcement agency to individuals experiencing a behavioral health crisis.

(1) Except that any member of a co-responder team may provide urgent transportation services if that co-responder:

(a) Is not law enforcement or personnel employed by or contracted with a law enforcement agency; and

(b) Holds a valid license for secure transportation by the county in which the secure transportation originates; and

(c) Provides secure transportation in a vehicle:

(i) With a valid permit issued by the county in which the secure transportation originates, and

(ii) That meets the minimum requirements for secure transportation services in this rule chapter.

2.23 "Serious injury" means brain or spinal cord injuries; bone breaks or fractures; any injury that threatens life or limb, impairs the function of any part or organ of the body, or results in permanent disfigurement; burns of the second or third degree; and/or physical or sexual abuse as described in Article 3 of Title 18.

2.24 "Type 1" means a permitted vehicle with a permanent safety partition that separates the driver from the passenger compartment.

2.25 "Type 2" means a permitted, non-partitioned vehicle.

6 CCR 1011-4, pt. 2

45 CR 14, July 25, 2022, effective 8/14/2022