CDPHE Repeals BHE Licensing Rules: BHA Oversight Now Fully in Effect
As of January 1, 2025, the Colorado Department of Public Health and Environment (CDPHE) no longer licenses or oversees Behavioral Health Entities (BHEs) in Colorado. That authority now rests solely with the Behavioral Health Administration (BHA).
Following a public rulemaking hearing held on March 19, 2025, the CDPHE Board of Health formally repealed 6 CCR 1011-1, Chapter 3 – Behavioral Health Entities. This action brought the state's rules into alignment with House Bill 22-1278, which originally created the BHA and set in motion a two-year transition of licensing authority from CDPHE to the new agency.
With the repeal now complete, CDPHE’s regulatory role over behavioral health facilities has officially ended. BHA is the sole licensing and oversight agency for all behavioral health providers operating in Colorado.
Why This Matters
For behavioral health providers who successfully completed the transition before the December 31, 2024 deadline, this change may come as no surprise. However, for those still operating under the assumption that CDPHE retains oversight authority, this rule change serves as a final and legally binding clarification: you must now be licensed by the Behavioral Health Administration to operate lawfully in Colorado.
Providers who did not apply for a BHA license before their CDPHE license expired may now be out of compliance and at risk for enforcement actions. If you are unsure of your facility’s current status, immediate legal and administrative review is recommended.
With the rulemaking concluded and the repeal in effect, no additional requests for CBA will be considered for this action.
The Bottom Line
The repeal of CDPHE’s licensing rules marks the end of an era and the completion of a long-planned restructuring of Colorado’s behavioral health regulatory framework. Going forward, BHA holds exclusive authority over behavioral health facility licensing, ensuring a unified and modernized oversight system.
Behavioral health providers must ensure that their licensure, compliance documentation, and operational standards meet BHA requirements. The risks of continuing operations under outdated assumptions are high—from regulatory penalties to liability exposure.
If you need help confirming your status or navigating BHA’s requirements, we can help.
The information provided here is intended for educational purposes and serves as a general guide. It is not tailored legal advice for specific circumstances. For detailed guidance on this or other topics, please consult with a qualified legal professional or reach out to our firm.
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