OPEN for Comment: Emergency OBH Rules Repealing the Trails Check Requirement

Although the Colorado Department of Human Services- Office of Behavioral Health rules (2 CCR 502-1 21.160.2 (A) (3) (b) and 2 CCR 502-1 21.200.53 (K) (1)) required behavioral health providers to participate in Trails background checks, the Trails child abuse and neglect checks are not allowed under CRS 19-1-307. Because the Office of Behavioral Health rules were in conflict with state statute, the rule itself was void (CRS 24-4-103(8)(a)) and has since been removed, via emergency rule-making procedures, from Rule Volume 2 CCR 502-1.

The Office of Behavioral Health is required to provide the public an opportunity to review the emergency rules prior to the emergency rules going into permanent effect. The Emergency Rule-Making Packet that removed the Trails Check requirement can be found here: Interested stakeholders also have an opportunity to present feedback prior to the permanent adoption hearing of the rules at the State Board of Human Services. Feedback will be accepted until 5 p.m. on October 1, 2018. Feedback on the emergency rules can be submitted to the Office of Behavioral Health here [].