Mental Health

C.R.S. tit. 12, art. 245

in effect

C.R.S. § 12-245-101 Legislative declaration

12-245-101. Legislative declaration. (1) The general assembly hereby finds and determines that, in order to safeguard the public health, safety, and welfare of the people of this state and in order to protect the people of this state against the unauthorized, unqualified, and improper application of psychology, social work, marriage and family therapy, professional counseling, psychotherapy, and addiction counseling, it is necessary that the proper regulatory authorities be established and adequately provided for. (2) The general assembly therefore declares that there shall be established a state board of psychologist examiners, a state board of social work examiners, a state board of marriage and family therapist examiners, a state board of licensed professional counselor examiners, a state board of unlicensed psychotherapists, and a state board of addiction counselor examiners with the authority to license, register, or certify, and take disciplinary actions or bring injunctive actions, or both, concerning licensed psychologists and psychologist candidates, licensed social workers and clinical social worker candidates, licensed marriage and family therapists and marriage and family therapist candidates, licensed professional counselors and licensed professional counselor candidates, unlicensed psychotherapists, and licensed and certified addiction counselors and addiction counselor candidates, respectively, and mental health professionals who have been issued a provisional license pursuant to this article 245.

C.R.S. § 12-245-201 Applicability of common provisions

12-245-201. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 245.

C.R.S. § 12-245-202 Definitions

12-245-202. Definitions. As used in this article 245, unless the context otherwise requires: (1) "Board" includes the state board of psychologist examiners, the state board of social work examiners, the state board of licensed professional counselor examiners, the state board of marriage and family therapist examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners. (2) "Certificate holder" means an addiction counselor certified pursuant to this article 245. (3) "Certified addiction counselor" means a person who is an addiction counselor certified pursuant to this article 245. (3.5) (a) "Conversion therapy" means any practice or treatment by a licensee, registrant, or certificate holder that attempts or purports to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex. (b) "Conversion therapy" does not include practices or treatments that provide: (I) Acceptance, support, and understanding for the facilitation of an individual's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek to change sexual orientation or gender identity; or (II) Assistance to a person undergoing gender transition. (4) "Dementia diseases and related disabilities" has the same meaning set forth in section 25-1-502 (2.5). (5) "Licensed addiction counselor" means a person who is an addiction counselor licensed pursuant to this article 245. (6) "Licensed professional counselor" means a person who is a professional counselor licensed pursuant to this article 245. (7) "Licensed social worker" means a person who: (a) Is a licensed social worker or licensed clinical social worker; and (b) Is licensed pursuant to this article 245. (8) "Licensee" means a psychologist, social worker, clinical social worker, marriage and family therapist, licensed professional counselor, or addiction counselor licensed pursuant to this article 245. (9) "Marriage and family therapist" means a person who is a marriage and family therapist licensed pursuant to this article 245. (10) "Professional relationship" means an interaction that is deliberately planned or directed, or both, by the licensee, registrant, or certificate holder toward obtaining specific objectives. (11) "Provisional license" means a license or certification issued pursuant to section 12-245-208. (12) "Provisional licensee" means a person who holds a provisional license pursuant to section 12-245-208. (13) "Psychologist" means a person who is a psychologist licensed pursuant to this article 245. (14) (a) "Psychotherapy" or "psychotherapy services" means the treatment, diagnosis, testing, assessment, or counseling in a professional relationship to assist individuals or groups to alleviate behavioral and mental health disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors that interfere with effective emotional, social, or intellectual functioning. Psychotherapy follows a planned procedure of intervention that takes place on a regular basis, over a period of time, or in the cases of testing, assessment, and brief psychotherapy, psychotherapy can be a single intervention. ious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors that interfere with effective emotional, social, or intellectual functioning. Psychotherapy follows a planned procedure of intervention that takes place on a regular basis, over a period of time, or in the cases of testing, assessment, and brief psychotherapy, psychotherapy can be a single intervention. (b) It is the intent of the general assembly that the definition of psychotherapy as used in this article 245 be interpreted in its narrowest sense to regulate only those persons who clearly fall within the definition set forth in this subsection (14). (15) Repealed. (16) "Registrant" means a psychologist candidate, clinical social worker candidate, marriage and family therapist candidate, licensed professional counselor candidate, or addiction counselor candidate registered pursuant to section 12-245-304 (3), 12-245-404 (4), 12-245-504 (4), 12-245-604 (4), or 12-245-804 (3.7), respectively, or an unlicensed psychotherapist. (17) (a) "Unlicensed psychotherapist" means a person: (I) Whose primary practice is psychotherapy or who holds himself or herself out to the public as being able to practice psychotherapy for compensation; and (II) Who is registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703 to practice psychotherapy in this state. (b) "Unlicensed psychotherapist" also includes a person who: (I) Is a licensed school psychologist licensed pursuant to section 22-60.5-210 (1)(b); (II) Is practicing outside of a school setting; and (III) Is registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703.

C.R.S. § 12-245-203 Practice outside of or beyond professional training, experience, or competence - general scope of practice for licensure, registration, or certification

12-245-203. Practice outside of or beyond professional training, experience, or competence - general scope of practice for licensure, registration, or certification. (1) Notwithstanding any other provision of this article 245, no licensee, registrant, or certificate holder is authorized to practice outside of or beyond the person's area of training, experience, or competence. (2) The practice of psychotherapy is one area of practice for mental health professionals licensed, certified, or registered pursuant to this article 245 but may not be the only or primary practice area of the professionals, other than persons registered as unlicensed psychotherapists pursuant to part 7 of this article 245. The requirements for licensure, registration, or certification as a mental health professional pursuant to this article 245 are contained in sections 12-245-303, 12-245-403, 12-245-503, 12-245-603, and 12-245-803, which define the practice of psychology, social work, marriage and family therapy, licensed professional counseling, and addiction counseling, respectively.

C.R.S. § 12-245-203.5 Minors - consent for outpatient psychotherapy services - immunity - definition

12-245-203.5. Minors - consent for outpatient psychotherapy services - immunity - definition. (1) As used in this section, unless the context otherwise requires, "mental health professional" includes a professional person as defined in section 27-65-102 (27); a mental health professional licensed pursuant to part 3, 4, 5, 6, or 8 of this article 245; a licensed professional counselor candidate; a psychologist candidate; a clinical social worker candidate; a marriage and family therapist candidate; or an addiction counselor candidate. (2) (a) Notwithstanding any other provision of law, a mental health professional may provide psychotherapy services, as defined in section 12-245-202 (14)(a), to a minor who is twelve years of age or older, without the consent of the minor's parent or legal guardian, if the mental health professional determines that: (I) The minor is knowingly and voluntarily seeking such services; and (II) The provision of psychotherapy services is clinically indicated and necessary to the minor's well-being. (b) A minor may not refuse psychotherapy services when a mental health professional and the minor's parent or legal guardian agree psychotherapy services are in the best interest of the minor. (3) If a minor voluntarily seeks psychotherapy services on the minor's own behalf pursuant to subsection (2)(a) of this section: (a) The mental health professional may notify the minor's parent 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; (b) The mental health professional shall engage the minor in a discussion about the importance of involving and notifying the minor's parent or legal guardian and shall encourage such notification to help support the minor's care and treatment; and (c) Notwithstanding the provisions of subsection (3)(a) of this section, a mental health professional may notify the minor's parent or legal guardian of the psychotherapy services given or needed, without the minor's consent, if, in the professional opinion of the mental health professional, the minor is unable to manage the minor's care or treatment. (4) A mental health professional shall fully document when the 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 professional's opinion, it would be inappropriate to contact or notify the minor's parent or legal guardian. If a minor seeks psychotherapy services on the minor's own behalf pursuant to subsection (2)(a) of this section, 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. (5) Psychotherapy services must be provided in a culturally appropriate manner. Written and oral instruction, training of providers and staff, and the overall provision of 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 backgrounds, including individuals with different cultural origins and individuals who are lesbian, gay, bisexual, or transgender. (6) As used in this section, "psychotherapy services" does not include inpatient psychotherapy services. n a manner and format to support individuals with limited English proficiency or challenges with accessibility related to a disability and with respect for diverse backgrounds, including individuals with different cultural origins and individuals who are lesbian, gay, bisexual, or transgender. (6) As used in this section, "psychotherapy services" does not include inpatient psychotherapy services. (7) If a minor who is receiving psychotherapy services pursuant to this section communicates a serious threat of imminent physical violence against a specific person or persons, including a person who is identifiable by the person's association with a specific location or entity, the mental health professional is subject to the notification provisions of section 13-21-117 (2) and shall notify the minor's parent or legal guardian unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor's care and treatment. (8) Repealed.

C.R.S. § 12-245-204 Boards - division to supervise - meetings - duties - powers - rules - removal of members - limitation on authority

12-245-204. Boards - division to supervise - meetings - duties - powers - rules - removal of members - limitation on authority. (1) Each board shall be under the supervision and control of the division. (2) In addition to all other powers and duties conferred or imposed upon each board by this article 245 or by any other law, each board shall have the powers specified in this section. (3) (a) (I) Each board shall annually hold a meeting and elect from its membership a chairperson and vice-chairperson. Each board shall meet at such times as it deems necessary or advisable or as deemed necessary and advisable by the chairperson or a majority of its members. Each board may conduct meetings by electronic means. Each board shall give reasonable notice of its meetings in the manner prescribed by law. A majority of each board constitutes a quorum at any meeting or hearing. (II) All meetings are open to the public, except when: (A) A board, or an administrative law judge acting on behalf of a board, specifically determines that the harm to a complainant or other recipient of services to keep the proceedings or related documents open to the public outweighs the public interest in observing the proceedings; or (B) The licensee, registrant, or certificate holder is participating in good faith in a program approved by the board designed to end a substance use disorder and the licensee, registrant, or certificate holder has not violated the board's order regarding the person's participation in the treatment program. (III) If the board determines that it is in the best interest of a complainant or other recipient of services to keep proceedings or related documents closed to the public, the final action of the board must be open to the public without disclosing the name of the client or other recipient. In all open meetings, the board shall take reasonable steps to keep the names of the recipients of services confidential. (b) The proceedings of each board shall be conducted pursuant to article 4 of title 24. (4) Each board is authorized to: (a) Adopt, and from time to time revise, rules pursuant to section 12-20-204; (b) Adopt an examination; (c) Examine for, deny, withhold, or approve the license of an applicant pursuant to section 12-245-214, and renew licenses pursuant to section 12-245-205; (d) Appoint advisory committees to assist in the performance of its duties; (e) Conduct hearings in accordance with section 12-20-403 as necessary to carry out its powers and duties. (5) In carrying out its duties related to the approval of applications for licensure, registration, or certification pursuant to this section, section 12-245-214, and this article 245, each board shall delegate the function of the preliminary review and approval of applications to the staff of the board, with approval of an application ratified by action of the board if ratification is deemed necessary by the board. Each board, in its sole discretion, may individually review any application requiring board consideration prior to the approval of the application pursuant to section 12-245-214 and this article 245. (6) Each board shall maintain current lists of the names of all licensees, registrants, and certificate holders and records of cases and decisions rendered by the board. In addition, each board shall keep an accurate record of the results of all examinations. (7) Publications of each board intended for circulation in quantity outside the board shall be issued in accordance with the provisions of section 24-1-136. (8) Any board member having an immediate personal, private, or financial interest in any matter pending before the board shall disclose the fact and shall not vote upon the matter. keep an accurate record of the results of all examinations. (7) Publications of each board intended for circulation in quantity outside the board shall be issued in accordance with the provisions of section 24-1-136. (8) Any board member having an immediate personal, private, or financial interest in any matter pending before the board shall disclose the fact and shall not vote upon the matter. (9) The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three-quarters of the board's meetings in any one calendar year. (10) The boards shall develop rules or policies to provide guidance to persons licensed, registered, or certified pursuant to this article 245 to assist in determining whether a relationship with a client or potential client is likely to impair his or her professional judgment or increase the risk of client exploitation in violation of section 12-245-224 (1)(i). (11) The authority granted each board under the provisions of this article 245 does not authorize a board to arbitrate or adjudicate fee disputes between licensees, registrants, or certificate holders, or between a licensee, registrant, or certificate holder and any other party.

C.R.S. § 12-245-205 Fees - renewal

12-245-205. Fees - renewal. (1) All fees collected pursuant to this article 245 shall be determined, collected, and appropriated in the same manner as set forth in section 12-20-105. (2) Each board may charge fees established pursuant to section 12-20-105 to all applicants for licensure, registration, or certification under this article 245. (3) Each license, registration, or certification issued pursuant to this article 245 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license, registration, or certification expires is subject to the penalties provided in this article 245 or section 12-20-202 (1). (4) The director shall coordinate fee-setting pursuant to this section so that all licensees, registrants, and certificate holders pay fees as required by this section.

C.R.S. § 12-245-206 Records

12-245-206. Records. (1) Each board shall keep a record of proceedings and a register of all applications for licenses, registrations, or certifications, which must include: (a) The name and age of each applicant; (b) The date of the application; (c) The mailing address of the applicant; (d) A summary of the educational and other qualifications of each applicant; (e) Whether or not an examination was required and, if required, proof that the applicant passed the examination; (f) Whether licensure, registration, or certification was granted; (g) The date of the action of the board; (h) Other information the board deems necessary or advisable in aid of the requirements of this section.

C.R.S. § 12-245-207 Licensure by endorsement

12-245-207. Licensure by endorsement. A board may issue a license by endorsement to engage in the practice of psychology, social work, marriage and family therapy, professional counseling, or addiction counseling to an applicant who satisfies the requirements of the occupational credential portability program.

C.R.S. § 12-245-208 Provisional license - fees

12-245-208. Provisional license - fees. (1) (a) The board may issue a provisional license to an applicant who has completed a postgraduate degree that meets the educational requirements for licensure in section 12-245-304, 12-245-404, 12-245-504, 12-245-604, or 12-245-804, as applicable, and who is working in a residential child care facility, as defined in section 26-6-903, under the supervision of a licensee. (b) A provisional license issued pursuant to subsection (1)(a) of this section terminates at the earliest of: (I) Thirty days after termination of the provisional licensee's employment with a qualifying residential child care facility, unless the provisional licensee obtains and submits to the board proof of employment with another residential child care facility; or (II) Thirty days after termination of the provisional licensee's supervision by a licensee unless the provisional licensee obtains and submits to the board proof of supervision by another licensee. (c) A provisional licensee shall notify the board of any change in supervision within thirty days after the change. (2) Each board may charge an application fee to an applicant for a provisional license as provided in section 12-20-105. An application for a provisional license must identify the name, contact information, and license number of the licensee providing supervision of the provisional licensure applicant.

C.R.S. § 12-245-209 License - issuance

12-245-209. License - issuance. Each board shall issue a license, registration, or certification, as appropriate, when an applicant successfully qualifies for licensure, registration, or certification as provided in this article 245.

C.R.S. § 12-245-210 Prohibition against prescribing drugs or practicing medicine - exception for opioid antagonist

12-245-210. Prohibition against prescribing drugs or practicing medicine - exception for opioid antagonist. (1) Nothing in this article 245 permits psychologists, social workers, marriage and family therapists, licensed professional counselors, unlicensed psychotherapists, and addiction counselors licensed, certified, or registered under this article 245 to administer or prescribe drugs or in any manner engage in the practice of medicine as defined by the laws of this state. (2) Notwithstanding subsection (1) of this section, a psychologist, social worker, marriage and family therapist, licensed professional counselor, unlicensed psychotherapist, or addiction counselor licensed, registered, or certified under this article 245 may possess, furnish, or administer an opioid antagonist in accordance with section 12-30-110.

C.R.S. § 12-245-211 Collaborate with physician

12-245-211. Collaborate with physician. In order to provide for the diagnosis and treatment of medical problems, a licensee, registrant, or certificate holder shall collaborate with a physician licensed under the laws of this state, except when practicing pursuant to section 12-245-202 (14). A licensee, registrant, or certificate holder shall not diagnose, prescribe for, treat, or advise a client with reference to medical problems.

C.R.S. § 12-245-212 Professional review committees - immunity

12-245-212. Professional review committees - immunity. (1) (a) Subject to the requirements of subsection (1)(b) of this section, a professional review committee may be established pursuant to this subsection (1) to investigate the quality of care being given by a person licensed, registered, or certified pursuant to this article 245. If a professional review committee is established, it must include in its membership at least three persons licensed, registered, or certified under this article 245, and the persons must be licensees, registrants, or certificate holders in the same profession as the licensee, registrant, or certificate holder who is the subject of a professional review proceeding. (b) A professional review committee may be authorized to act only by a society or an association of persons licensed, registered, or certified pursuant to this article 245 whose membership includes not less than one-third of the persons licensed, registered, or certified pursuant to this article 245 residing in this state if the licensee, registrant, or certificate holder whose services are the subject of review is a member of the society or association. (2) In addition to the persons specified in section 12-20-402, a member of a professional review committee authorized by a board, a member of staff to a committee, a person acting as a witness or consultant to a committee, a witness testifying in a proceeding authorized under this article 245, and a person who lodges a complaint pursuant to this article 245 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.

C.R.S. § 12-245-213 Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling - definitions

12-245-213. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling - definitions. (1) Licensees, registrants, or certificate holders may, but are not required to, form professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, psychotherapy, or addiction counseling under the "Colorado Business Corporation Act", articles 101 to 117 of title 7, if the corporations are organized and operated in accordance with this section. The articles of incorporation of a professional service corporation formed pursuant to this section must contain provisions complying with the following requirements: (a) The name of the corporation shall contain the words "professional company" or "professional corporation" or abbreviations thereof. (b) The corporation must be organized by licensees, registrants, or certificate holders for the purpose of conducting the practice of psychology, social work, marriage and family therapy, professional counseling, psychotherapy, or addiction counseling by the respective licensees, registrants, or certificate holders of those practices. The corporation may be organized with any other person, and any person may own shares in the corporation, if the following conditions are met: (I) The practice of psychology, as defined in section 12-245-303, by the professional service corporation is performed by or under the supervision of a licensed psychologist, and any psychologist member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245; (II) The practice of social work, as defined in section 12-245-403, by the professional service corporation is performed by a licensed social worker acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed social worker. Any licensed social worker member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245. (III) The practice of marriage and family therapy, as defined in section 12-245-503, by the professional service corporation is performed by a licensed marriage and family therapist acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed marriage and family therapist. Any licensed marriage and family therapist member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245. (IV) The practice of licensed professional counseling, as defined in section 12-245-603, by the professional service corporation is performed by a licensed professional counselor acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed professional counselor. Any licensed professional counselor member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245. (V) The practice of addiction counseling, as defined in section 12-245-803, by the professional service corporation is performed by a licensed addiction counselor acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed addiction counselor. Any licensed addiction counselor member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided in this article 245; or essional service corporation is performed by a licensed addiction counselor acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed addiction counselor. Any licensed addiction counselor member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided in this article 245; or (VI) The practice of psychotherapy, as defined in section 12-245-202, by the professional service corporation is performed by an unlicensed psychotherapist acting independently or under the supervision of a person licensed pursuant to this article 245 or an unlicensed psychotherapist. Any unlicensed psychotherapist member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided in this article 245. (c) The corporation may exercise the powers and privileges conferred upon corporations by the laws of Colorado only in furtherance of and subject to its corporate purpose. (d) Lay directors and officers shall not exercise any authority whatsoever over professional matters. (e) The articles of incorporation must provide, and all shareholders of the corporation must agree, that either all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation or that all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation except during periods when the corporation maintains professional liability insurance that meets the following minimum standards: (I) The insurance insures the corporation against liability imposed upon the corporation by law for damages resulting from any claim made against the corporation arising out of the performance of professional services for others by those officers and employees of the corporation who are licensed, registered, or certified to practice under this article 245 or by those employees who provide professional services under supervision. (II) The insurance insures the corporation against liability imposed upon it by law for damages arising out of the acts, errors, and omissions of all nonprofessional employees. (III) The insurance is in an amount for each claim of at least one hundred thousand dollars multiplied by the number of persons licensed, registered, or certified to practice under this article 245 who are employed by the corporation. The policy may provide for an aggregate maximum limit of liability per year for all claims of three hundred thousand dollars also multiplied by the number of licensees, registrants, or certificate holders employed by the corporation, but no corporation is required to carry insurance in excess of three hundred thousand dollars for each claim with an aggregate maximum limit of liability for all claims during the year of nine hundred thousand dollars. (IV) The insurance policy may provide that it does not apply to: Any dishonest, fraudulent, criminal, or malicious act or omission of the insured corporation or any stockholder or employee of the corporation; or the conduct of any business enterprise, as distinguished from the practice of licensees, registrants, or certificate holders, in which the insured corporation under this section is not permitted to engage but that nevertheless may be owned by the insured corporation or in which the insured corporation may be a partner or that may be controlled, operated, or managed by the insured corporation in its own or in a fiduciary capacity, including the ownership, maintenance, or use of any property in connection therewith, when not resulting from breach of professional duty of, bodily injury to, or sickness, disease, or death of any person or to injury to or destruction of any tangible property, including the loss of use of tangible property. ed, operated, or managed by the insured corporation in its own or in a fiduciary capacity, including the ownership, maintenance, or use of any property in connection therewith, when not resulting from breach of professional duty of, bodily injury to, or sickness, disease, or death of any person or to injury to or destruction of any tangible property, including the loss of use of tangible property. (V) The insurance policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other usual matters. (2) The corporation shall not act or fail to act in a manner that would violate section 12-245-224 (1). Any violation of this section by the corporation is grounds for a board to discipline any licensee, registrant, or certificate holder who is a member of or is employed by the corporation pursuant to section 12-245-226. (3) Nothing in this section diminishes or changes the obligation of each licensee, registrant, or certificate holder employed by the corporation to conduct his or her practice in a manner that does not violate section 12-245-224 (1). Any licensee, registrant, or certificate holder who, by act or omission, causes the corporation to act or fail to act in a way that violates section 12-245-224 (1) or this section is personally responsible for the act or omission and is subject to discipline by the board. (4) A professional service corporation may adopt a pension, cash profit sharing, deferred profit sharing, health and accident, insurance, or welfare plan for all of its employees, including lay employees, if the plan does not require or result in the sharing of specific or identifiable fees with lay employees and if any payments made to lay employees, or into the plan on behalf of lay employees, are based upon their compensation or length of service, or both, rather than the amount of fees or income received. (5) Nothing in this section shall be deemed to modify the privileges regarding confidential communications specified in sections 12-245-220 and 13-90-107 (1)(g). (6) Nothing in this article 245 limits persons licensed, registered, or certified under this article 245 from forming a corporation with persons licensed, registered, or certified under this article 245. (7) As used in this section, unless the context otherwise requires: (a) "Articles of incorporation" includes operating agreements of limited liability companies and partnership agreements of registered limited liability partnerships. (b) "Corporation" includes a limited liability company organized under the "Colorado Limited Liability Company Act", article 80 of title 7, and a limited liability partnership registered under section 7-60-144 or 7-64-1002. (c) "Director" and "officer" of a corporation includes a member and a manager of a limited liability company and a partner in a registered limited liability partnership. (d) "Employees" includes employees, members, and managers of a limited liability company and employees and partners of a registered limited liability partnership. (e) "Share" includes a member's rights in a limited liability company and a partner's rights in a registered limited liability partnership. (f) "Shareholder" includes a member of a limited liability company and a partner in a registered limited liability partnership.

C.R.S. § 12-245-214 Denial of license, registration, or certification - reinstatement

12-245-214. Denial of license, registration, or certification - reinstatement. (1) Each board is empowered to determine whether an applicant for licensure, registration, or certification, or for registry as a candidate for licensure, registration, or certification, possesses the qualifications required by this article 245. (2) If a board determines that an applicant does not possess the applicable qualifications required by this article 245 or, for a licensed clinical social worker, licensed social worker, licensed marriage and family therapist, licensed professional counselor, licensed addiction counselor, or certified addiction counselor, is unable to demonstrate continued professional competence as required by section 12-245-410, 12-245-506, 12-245-606, or 12-245-806, respectively, the board may deny the applicant a license, registration, or certification or deny the reinstatement of a license, registration, or certification. If the application is denied, the board shall provide the applicant with a statement in writing setting forth the basis of the board's determination that the applicant does not possess the qualifications or professional competence required by this article 245. The applicant may request a hearing on the determination as provided in section 24-4-104 (9). (3) If a board has any reason to believe that, or receives any information that, an applicant has committed any of the acts set forth in section 12-245-224 (1) as grounds for discipline, the board may deny a license, registration, or certification to the applicant if the board determines that there is a basis for the denial. The order of the board to grant or deny a license, registration, or certification constitutes final agency action. (4) A board, on its own motion or upon application, at any time after the refusal to grant a license, registration, or certification, may reconsider its prior action and grant a license, registration, or certification. The board has sole discretion to determine whether to take further action on the application after it refuses to grant a license, registration, or certification.

C.R.S. § 12-245-215 Legislative intent - schools and colleges - examinations

12-245-215. Legislative intent - schools and colleges - examinations. It is the intent of the general assembly that the definition relating to full-time courses of study and institutions of higher education for graduation of persons who are qualified to take examinations for licensure under this article 245 be liberally construed by each board under the board's rule-making powers to ensure the right to take the examinations. It is not the intent that technical barriers be used to deny the ability to take an examination.

C.R.S. § 12-245-216 Mandatory disclosure of information to clients

12-245-216. Mandatory disclosure of information to clients. (1) Except as otherwise provided in subsection (4) of this section, every licensee, registrant, or certificate holder shall provide the following information in writing to each client during the initial client contact: (a) The name, business address, and business phone number of the licensee, registrant, or certificate holder; (b) (I) Repealed. (II) A listing of any degrees, credentials, certifications, registrations, and licenses held or completed by the licensee, registrant, or certificate holder, including the education, experience, and training the licensee, registrant, or certificate holder was required to satisfy in order to complete the degree, credential, certification, registration, or license; (c) A statement indicating that the practice of licensed or registered persons in the field of psychotherapy is regulated by the division and an address and telephone number for the board that regulates the licensee, registrant, or certificate holder; (d) A statement indicating that: (I) A client is entitled to receive information about the methods of therapy, the techniques used, the duration of therapy, if known, and the fee structure; (II) The client may seek a second opinion from another therapist or may terminate therapy at any time; (III) In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee, registrant, or certificate holder; (IV) The information provided by the client during therapy sessions is legally confidential in the case of individuals licensed, certified, or registered pursuant to this article 245, except as provided in section 12-245-220 and except for certain legal exceptions that will be identified by the licensee, registrant, or certificate holder should any such situation arise during therapy; (e) If the mental health professional is an unlicensed psychotherapist, a statement indicating that an unlicensed psychotherapist is a psychotherapist listed in the state's database and is authorized by law to practice psychotherapy in Colorado but is not licensed by the state and is not required to satisfy any standardized educational or testing requirements to obtain a registration from the state; and (f) A statement indicating that a client's records may not be maintained after seven years pursuant to section 12-245-226 (1)(a)(II)(A). (2) If the client is a minor who is consenting to mental health services pursuant to section 27-65-104, disclosure must be made to the minor. If the client is a minor whose parent or legal guardian is consenting to mental health services, disclosure must be made to the minor's parent or legal guardian. (3) In residential, institutional, or other settings where psychotherapy may be provided by multiple providers, disclosure shall be made by the primary therapist. The institution shall also provide a statement to the patient containing the information in subsections (1)(c) and (1)(d) of this section and a statement that the patient is entitled to the information listed in subsections (1)(a) and (1)(b) of this section concerning any psychotherapist in the employ of the institution who is providing psychotherapy services to the patient. (4) The disclosure of information required by subsection (1) of this section is not required when psychotherapy is being administered in any of the following circumstances: (a) In an emergency; (b) Pursuant to a court order or involuntary procedures pursuant to sections 27-65-106 to 27-65-110; (c) The sole purpose of the professional relationship is for forensic evaluation; ces to the patient. (4) The disclosure of information required by subsection (1) of this section is not required when psychotherapy is being administered in any of the following circumstances: (a) In an emergency; (b) Pursuant to a court order or involuntary procedures pursuant to sections 27-65-106 to 27-65-110; (c) The sole purpose of the professional relationship is for forensic evaluation; (d) The client is in the physical custody of the department of corrections, the department of human services, or the behavioral health administration in the department of human services, and such department or administration has developed an alternative program to provide similar information to the client and the program has been established through rule; (e) The client is incapable of understanding the disclosure and has no guardian to whom disclosure can be made; (f) By a social worker practicing in a hospital that is licensed or certified under section 25-1.5-103 (1)(a)(I) or (1)(a)(II); (g) By a person licensed or certified pursuant to this article 245 or by an unlicensed psychotherapist practicing in a hospital that is licensed or certified under section 25-1.5-103 (1)(a)(I) or (1)(a)(II). (5) If the client has no written language or is unable to read, an oral explanation shall accompany the written copy. (6) Unless the client, parent, or guardian is unable to write, or refuses or objects, the client, parent, or guardian shall sign the disclosure form required by this section not later than the second visit with the psychotherapist.

C.R.S. § 12-245-217 Scope of article - exemptions

12-245-217. Scope of article - exemptions. (1) A person engaged in the practice of religious ministry is not required to comply with this article 245; except that the person shall not publicly claim to hold any title incorporating the term "psychologist", "social worker", "licensed social worker", "LSW", "licensed clinical social worker", "LCSW", "clinical social worker", "licensed marriage and family therapist", "LMFT", "licensed professional counselor", "LPC", "addiction counselor", "licensed addiction counselor", "LAC", "certified addiction counselor", "CAC", "certified addiction specialist", "CAS", "certified addiction technician", or "CAT" unless the person is licensed or certified pursuant to this article 245. (2) This article 245 does not apply to: (a) The practice of employment or rehabilitation counseling as performed in the private and public sectors; except that the provisions of this article 245 shall apply to employment or rehabilitation counselors practicing psychotherapy in the field of mental health; (b) Employees of the department of human services or the behavioral health administration in the department of human services; employees of county departments of human or social services; or personnel under the direct supervision and control of the state department of human services, the behavioral health administration, or any county department of human or social services for work undertaken as part of their employment; (c) Persons who are licensed pursuant to section 22-60.5-210 and who are not licensed under this article 245 for work undertaken as part of their employment by, or contractual agreement with, the public schools; (d) Mediators resolving judicial disputes pursuant to part 3 of article 22 of title 13; (e) A person who resides in another state and who is currently licensed or certified as a psychologist, marriage and family therapist, clinical social worker, professional counselor, or addiction counselor in that state to the extent that the licensed or certified person performs activities or services in this state, if the activities and services: (I) Are performed within the scope of the person's license or certification; (II) Do not exceed twenty days per year in this state; (III) Are not otherwise in violation of this article 245; and (IV) Are disclosed to the public that the person is not licensed or certified in this state; (f) A professional coach, including a life coach, executive coach, personal coach, or business coach, who has had coach-specific training and who serves clients exclusively as a coach, as long as the professional coach does not engage in the practice of psychology, social work, marriage and family therapy, licensed professional counseling, psychotherapy, or addiction counseling, as those practices are defined in this article 245. (g) Students who are enrolled in a school program and are practicing as part of a school practicum or clinical program; (h) A professional practicing auricular acudetox in accordance with section 12-245-233; or (i) Screeners conducting screenings pursuant to the sixth through twelfth grade mental health screening program created in section 27-50-903. (3) Nothing in this section limits the applicability of section 18-3-405.5, which applies to any person while practicing psychotherapy as defined in this article 245. (4) The provisions of section 12-245-703 do not apply to employees of community mental health centers or clinics as those centers or clinics are defined by section 27-66-101, but persons practicing outside the scope of employment as employees of a facility defined by section 27-66-101 are subject to the provisions of section 12-245-703.

C.R.S. § 12-245-218 Title use restrictions

12-245-218. Title use restrictions. (1) A psychologist, social worker, marriage and family therapist, professional counselor, psychotherapist, or addiction counselor may only use the title for which the person is licensed, certified, or registered under this article 245. Except as provided in section 12-245-306 (3), no other person shall: (a) Hold himself or herself out to the public by any title or description of services incorporating the terms "licensed clinical social worker", "clinical social worker", "LCSW", "licensed social worker", "LSW", "clinical social worker candidate", "provisional social worker", "SWP", "marriage and family therapist", "LMFT", "MFT", "marriage and family therapist candidate", "MFT candidate", "MFTC", "professional counselor", "licensed professional counselor", "LPC", "licensed professional counselor candidate", "LPCC", "provisional licensed professional counselor", "psychologist", "provisional psychologist", "psychologist candidate", "psychology", "psychological", "unlicensed psychotherapist", "addiction counselor", "licensed addiction counselor", "LAC", "certified addiction specialist", "CAS", "certified addiction technician", "CAT", or "addiction counselor candidate"; or (b) State or imply that the person is licensed, certified, or registered to practice social work, marriage and family therapy, professional counseling, psychology, psychotherapy, or addiction counseling. (2) Nothing in this section shall prohibit a person from stating or using the educational degrees that the person has obtained.

C.R.S. § 12-245-219 Judicial review of final board actions and orders

12-245-219. Judicial review of final board actions and orders. Section 12-20-408 governs judicial review of final actions and orders of a board appropriate for judicial review. Judicial proceedings for the enforcement of a board order may be instituted in accordance with section 24-4-106 (11).

C.R.S. § 12-245-220 Disclosure of confidential communications - definitions

12-245-220. Disclosure of confidential communications - definitions. (1) A licensee, registrant, or certificate holder shall not disclose, without the consent of the client, any confidential communications made by the client, or advice given to the client, in the course of professional employment. A licensee's, registrant's, or certificate holder's employee or associate, whether clerical or professional, shall not disclose any knowledge of the communications acquired in that capacity. Any person who has participated in any therapy conducted under the supervision of a licensee, registrant, or certificate holder, including group therapy sessions, shall not disclose any knowledge gained during the course of the therapy without the consent of the person to whom the knowledge relates. (2) Subsection (1) of this section does not apply and a person may disclose confidential information when: (a) A client, or the heirs, executors, or administrators of a client, file suit or a complaint against a licensee, registrant, or certificate holder on any cause of action arising out of or connected with the care or treatment of the client by the licensee, registrant, or certificate holder; (b) A licensee, registrant, or certificate holder was in consultation with a physician, registered professional nurse, certified midwife, licensee, registrant, or certificate holder against whom a suit or complaint was filed based on the case out of which the suit or complaint arises; (c) A review of services of a licensee, registrant, or certificate holder is conducted by any of the following: (I) A board or a person or group authorized by the board to make an investigation on its behalf; (II) The governing board of a hospital licensed pursuant to part 1 of article 3 of title 25, where the licensee, registrant, or certificate holder practices or the medical staff of the hospital if the medical staff operates pursuant to written bylaws approved by the governing board of the hospital; or (III) A professional review committee established pursuant to section 12-245-212 (1) if the person has signed a release authorizing the review; (d) (I) A client, regardless of age: (A) Makes an articulable and significant threat against a school or the occupants of a school; or (B) Exhibits behaviors that, in the reasonable judgment of the licensee, registrant, or certificate holder, create an articulable and significant threat to the health or safety of students, teachers, administrators, or other school personnel. (II) A licensee, registrant, or certificate holder who discloses information under this subsection (2)(d) shall limit the disclosure to appropriate school or school district personnel and law enforcement agencies. School or school district personnel to whom the information is disclosed shall maintain confidentiality of the disclosed information, regardless of whether the information constitutes an education record subject to FERPA, consistent with the requirements of FERPA and regulations and applicable guidelines adopted under FERPA, but may disclose information in accordance with section 1232g (b)(1) of FERPA and 34 CFR 99.36 if necessary to protect the health or safety of students or other persons. (III) A licensee, registrant, or certificate holder who discloses or fails to disclose a confidential communication with a client in accordance with this subsection (2)(d) is not liable for damages in any civil action for disclosing or not disclosing the communication. This subsection (2)(d)(III) does not rescind any statutory duty to warn and protect specified in, and does not eliminate any potential civil liability for failure to comply with, section 13-21-117. (IV) (A) This subsection (2)(d) does not apply to an education record that, under FERPA, is exempt from the HIPAA privacy rule. (B) This subsection (2)(d) applies to covered entities, as defined in HIPAA. (V) As used in this subsection (2)(d): any statutory duty to warn and protect specified in, and does not eliminate any potential civil liability for failure to comply with, section 13-21-117. (IV) (A) This subsection (2)(d) does not apply to an education record that, under FERPA, is exempt from the HIPAA privacy rule. (B) This subsection (2)(d) applies to covered entities, as defined in HIPAA. (V) As used in this subsection (2)(d): (A) "Articulable and significant threat" means a threat to the health or safety of a person that, based on the totality of the circumstances, can be explained or articulated and that constitutes a threat of substantial bodily harm to a person. (B) "FERPA" means the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended. (C) "HIPAA" means the federal "Health Insurance Portability and Accountability Act of 1996", as amended, Pub.L. 104-191. (D) "School" means a public or private preschool; elementary, middle, junior high, or high school; or institution of postsecondary education described in title 23, including the Auraria higher education center created in article 70 of title 23. (3) The records and information produced and used in the review provided for in subsection (2)(c) of this section do not become public records solely by virtue of the use of the records and information. The identity of a client whose records are reviewed shall not be disclosed to any person not directly involved in the review process, and procedures shall be adopted by a board, hospital, association, or society to ensure that the identity of the client is concealed during the review process itself and to comply with section 12-245-226 (4). (4) Subsection (1) of this section shall not apply to any delinquency or criminal proceeding, except as provided in section 13-90-107 regarding any delinquency or criminal proceeding involving a licensed psychologist. (5) Nothing in this section shall be deemed to prohibit any other disclosures required by law. (6) Repealed.

C.R.S. § 12-245-221 Article not to restrict other professions

12-245-221. Article not to restrict other professions. (1) Nothing in this article 245 shall be construed to prohibit any member of any other profession who is duly licensed or certified pursuant to the laws of this state from rendering service consistent with his or her training and professional ethics so long as the professional does not hold himself or herself out to the public by any title or description to which the professional is not entitled pursuant to the provisions of this article 245. (2) No person licensed pursuant to part 1 of article 255 of this title 12 shall be subject to the jurisdiction of a board created pursuant to this article 245 to the extent the person is under the jurisdiction of the state board of nursing.

C.R.S. § 12-245-222 Powers and duties of the boards - rules

12-245-222. Powers and duties of the boards - rules. (1) In addition to all other powers and duties conferred and imposed upon the boards, each board has the following powers and duties with respect to the licensing, registration, and certification of the persons licensed, registered, or certified by each individual board pursuant to this article 245: (a) To annually elect one of its members as chairperson and one as vice-chairperson. Each board may meet at such times and adopt such rules for its government as it deems proper. (b) To make investigations, hold hearings, and take evidence in accordance with section 12-20-403, article 4 of title 24, and this article 245 in all matters relating to the exercise and performance of the powers and duties vested in each board; (c) To aid the several district attorneys of this state in the enforcement of this article 245 and in the prosecution of all persons, firms, associations, or corporations charged with the violation of any of its provisions and to report to the appropriate district attorney any violation of this article 245 that it reasonably believes involves a criminal violation; (d) To take disciplinary actions in conformity with this article 245 and section 12-20-404; (e) Through the department and subject to appropriations made to the department, to employ administrative law judges on a full-time or part-time basis to conduct any hearings required by this article 245; (f) To notify the public of all disciplinary actions taken against licensees, registrants, or certificate holders pursuant to this article 245. (2) Pursuant to this part 2, section 12-20-204, and article 4 of title 24, each board is authorized to adopt and revise rules as necessary to enable the board to carry out the provisions of this part 2 with respect to the regulation of the persons licensed, registered, or certified by each individual board pursuant to this article 245.

C.R.S. § 12-245-222.5 Mental health disciplinary record work group - creation - recommendations - report - repeal

12-245-222.5. Mental health disciplinary record work group - creation - recommendations - report - repeal. (Repealed)

C.R.S. § 12-245-223 Confidential agreement to limit practice

12-245-223. Confidential agreement to limit practice. Section 12-30-108 concerning confidential agreements to limit practice applies to this article 245.

C.R.S. § 12-245-224 Prohibited activities - related provisions - definition

12-245-224. Prohibited activities - related provisions - definition. (1) A person licensed, registered, or certified under this article 245 violates this article 245 if the person: (a) Has been convicted of or pled guilty or nolo contendere to a felony or to any crime related to the person's practice, or received a deferred sentence to a felony charge. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, each board is governed by sections 12-20-202 (5) and 24-5-101. (b) Has violated or attempted to violate, directly or indirectly, or assisted or abetted the violation of, or conspired to violate any provision or term of this article 245, an applicable provision of article 20 or 30 of this title 12, a rule promulgated pursuant to this article 245, or any order of a board established pursuant to this article 245; (c) Has used advertising that is misleading, deceptive, or false; (d) (I) Has committed abuse of health insurance pursuant to section 18-13-119; (II) Has advertised through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the person will perform any act prohibited by section 18-13-119; (e) Habitually or excessively uses or abuses alcohol, a habit-forming drug, or a controlled substance, as defined in section 18-18-102 (5); (f) (I) Fails to notify the board that regulates the person's profession of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that affects the person's ability to treat clients with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; (II) Fails to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the person unable to treat clients with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; or (III) Fails to comply with the limitations agreed to under a confidential agreement entered into pursuant to sections 12-30-108 and 12-245-223; (g) (I) Has acted or failed to act in a manner that does not meet the generally accepted standards of the professional discipline under which the person practices. Generally accepted standards may include, at the board's discretion, the standards of practice generally recognized by state and national associations of practitioners in the field of the person's professional discipline. (II) A certified copy of a malpractice judgment of a court of competent jurisdiction is conclusive evidence that the act or omission does not meet generally accepted standards of the professional discipline, but evidence of the act or omission is not limited to a malpractice judgment. (h) Has performed services outside of the person's area of training, experience, or competence; (i) Has maintained relationships with clients that are likely to impair the person's professional judgment or increase the risk of client exploitation, such as treating employees, supervisees, close colleagues, or relatives; (j) Has exercised undue influence on the client, including the promotion of the sale of services, goods, property, or drugs in such a manner as to exploit the client for the financial gain of the practitioner or a third party; (k) Has failed to terminate a relationship with a client when it was reasonably clear that the client was not benefitting from the relationship and is not likely to gain such benefit in the future; (l) Has failed to refer a client to an appropriate practitioner when the problem of the client is beyond the person's training, experience, or competence; (m) Has failed to obtain a consultation or perform a referral when the failure is not consistent with generally accepted standards of care; client was not benefitting from the relationship and is not likely to gain such benefit in the future; (l) Has failed to refer a client to an appropriate practitioner when the problem of the client is beyond the person's training, experience, or competence; (m) Has failed to obtain a consultation or perform a referral when the failure is not consistent with generally accepted standards of care; (n) Has failed to render adequate professional supervision of persons practicing pursuant to this article 245 under the person's supervision according to generally accepted standards of practice; (o) Has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons; (p) Has failed to comply with any of the requirements pertaining to mandatory disclosure of information to clients pursuant to section 12-245-216; (q) Has offered or given commissions, rebates, or other forms of remuneration for the referral of clients unless the offer or remuneration was for services provided, including marketing, office space, administrative, consultative, and clinical services, and not for the referral itself. A licensee, registrant, or certificate holder may pay an independent advertising or marketing agent compensation for advertising or marketing services rendered on the person's behalf by the agent, including compensation that is paid for the results of performance of the services on a per-patient basis. (r) Has engaged in sexual contact, sexual intrusion, or sexual penetration, as defined in section 18-3-401, with a client during the period of time in which a therapeutic relationship exists or for up to two years after the period in which a therapeutic relationship exists; (s) Has resorted to fraud, misrepresentation, or deception in applying for or in securing licensure or taking any examination provided for in this article 245; (t) Has engaged in any of the following activities and practices: (I) Repeated ordering or performing demonstrably unnecessary laboratory tests or studies without clinical justification for the tests or studies; (II) The administration, without clinical justification, of treatment that is demonstrably unnecessary; (III) Ordering or performing any service or treatment that is contrary to the generally accepted standards of the person's practice and is without clinical justification; (IV) Using or recommending rebirthing or any therapy technique that may be considered similar to rebirthing as a therapeutic treatment. "Rebirthing" means the reenactment of the birthing process through therapy techniques that involve any restraint that creates a situation in which a patient may suffer physical injury or death. For the purposes of this subsection (1)(t)(IV), a parent or legal guardian may not consent to physical, chemical, or mechanical restraint on behalf of a child or ward. (V) Conversion therapy with a client who is under eighteen years of age; (u) Has falsified or repeatedly made incorrect essential entries or repeatedly failed to make essential entries on patient records; (v) Has committed a fraudulent insurance act, as set forth in section 10-1-128; (w) Has sold or fraudulently obtained or furnished a license, registration, or certification to practice as a psychologist, social worker, marriage and family therapist, licensed professional counselor, psychotherapist, or addiction counselor or has aided or abetted in those activities; or entries on patient records; (v) Has committed a fraudulent insurance act, as set forth in section 10-1-128; (w) Has sold or fraudulently obtained or furnished a license, registration, or certification to practice as a psychologist, social worker, marriage and family therapist, licensed professional counselor, psychotherapist, or addiction counselor or has aided or abetted in those activities; or (x) Has failed to respond, in the manner required by the board, to a complaint filed with or by the board against the licensee, registrant, or certificate holder. (1.5) Any contract entered into by a licensee, certificate holder, or registrant for the purpose of marketing, office space, administrative support, or any other overhead expense shall not provide remuneration for referrals of clients or patients or otherwise create a financial benefit or incentive to the contractor that is tied to or conditioned on the number of clients or patients that the licensee, certificate holder, or registrant sees, the value of the services that the licensee, certificate holder, or registrant provides, or any financial recovery to which the licensee, certificate holder, or registrant is entitled. (2) A disciplinary action relating to a license, registration, or certification to practice a profession licensed, registered, or certified under this article 245 or any related occupation in any other state, territory, or country for disciplinary reasons constitutes prima facie evidence of grounds for disciplinary action, including denial of licensure, registration, or certification, by a board. This subsection (2) applies only to disciplinary actions based upon acts or omissions in the other state, territory, or country substantially similar to those acts or omissions set out as grounds for disciplinary action pursuant to subsection (1) of this section. (3) (a) The board shall design and send a questionnaire to all licensed psychologists with prescriptive authority who apply for license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 2 or has been disciplined for any action that might be considered a violation of this part 2 or that might make the licensee unfit to practice psychology with reasonable care and safety. The board shall include on the questionnaire a question regarding whether the licensee has complied with section 12-30-111 and is in compliance with section 12-280-403 (2)(a). If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under this section. The board may include the cost of developing and reviewing the questionnaire in the fee paid pursuant to section 12-245-205. The board may deny an application for license renewal that does not accompany an accurately completed questionnaire. (b) On and after July 1, 2024, as a condition of renewal of a license, each licensee shall attest that the licensee is in compliance with section 12-280-403 (2)(a) and that the licensee is aware of the penalties for noncompliance with that section.

C.R.S. § 12-245-225 Authority of boards - cease-and-desist orders - rules - fines

12-245-225. Authority of boards - cease-and-desist orders - rules - fines. (1) If a licensee, registrant, or certificate holder violates any provision of section 12-245-224, the board that licenses, registers, or certifies the licensee, registrant, or certificate holder may, in accordance with section 12-20-404: (a) Issue and send, by certified mail, a letter of admonition to a licensee, registrant, or certificate holder under the circumstances specified in and in accordance with section 12-20-404 (4); (b) Place a licensee, registrant, or certificate holder on probation; (c) Deny, revoke, or suspend the person's license, registration, or certification; (d) Deny, revoke, or suspend the listing of an unlicensed psychotherapist in the state board of unlicensed psychotherapists database established pursuant to section 12-245-703; (e) Issue and send a confidential letter of concern to a licensee, registrant, or certificate holder under the circumstances specified in section 12-20-404 (5); or (f) Apply for an injunction pursuant to section 12-245-230 to enjoin a licensee, registrant, or certificate holder from practicing the profession for which the person is licensed, registered, or certified under this article 245. (2) When a licensee, registrant, or certificate holder violates an administrative requirement of this article 245, the board regulating the licensee, registrant, or certificate holder may impose an administrative fine on the licensee, registrant, or certificate holder, not to exceed five thousand dollars per violation. Each board shall adopt rules establishing a schedule of fines setting forth different levels of fines based on whether the licensee, registrant, or certificate holder has committed a single violation or subsequent violations of administrative requirements. (3) A board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.

C.R.S. § 12-245-226 Disciplinary proceedings - judicial review - mental and physical examinations - multiple licenses

12-245-226. Disciplinary proceedings - judicial review - mental and physical examinations - multiple licenses. (1) (a) (I) A proceeding for discipline of a licensee, registrant, or certificate holder may be commenced when the board that licenses, registers, or certifies the licensee, registrant, or certificate holder has reasonable grounds to believe that the licensee, registrant, or certificate holder under the board's jurisdiction has committed any act or failed to act pursuant to the grounds established in section 12-245-224 or 12-245-228. (II) (A) Any person who alleges that a licensee, registrant, or certificate holder violated a provision of this article 245 related to maintenance of records of a client eighteen years of age or older must file a complaint or other notice with the board within seven years after the person discovered or reasonably should have discovered the misconduct. A licensee, registrant, or certificate holder shall notify a client that the client's records may not be maintained after the seven-year period for filing a complaint pursuant to this section. The required notice must be provided to the client in writing no later than one hundred eighty days after the end of the client's treatment. The notice may be included with the licensee's disclosures pursuant to section 12-245-216 (1) or sent to the client's last-known mailing address. Consistent with all procedural requirements of this article 245, or otherwise required by law, the board must either take disciplinary action on the complaint or dismiss the complaint no later than two years after the date the complaint or notice was filed with the board. (B) The seven-year limitation period specified in subsection (1)(a)(II)(A) of this section does not apply to the filing of a complaint or other notice with the board for any other violation of this article 245, including the acts described in section 12-245-224 or 12-245-228. (b) A licensee, registrant, or certificate holder who holds more than one license, registration, or certification pursuant to this article 245, who has committed any act or failed to act pursuant to the grounds established in section 12-245-224 or 12-245-228, is subject to disciplinary action by all boards that license, register, or certify the person pursuant to this article 245. The findings, conclusions, and final agency order of the first board to take disciplinary action pursuant to this section against the licensee, registrant, or certificate holder, or any disciplinary action taken by the state grievance board as it existed prior to July 1, 1998, is prima facie evidence against the person in any subsequent disciplinary action taken by another board concerning the same act or series of acts. (c) If a licensee, registrant, or certificate holder who applies for a license, registration, or certification pursuant to this article 245 has been disciplined by any board created pursuant to this article 245, or the state grievance board as it existed prior to July 1, 1998, the findings, conclusions, and final agency order of the first board to take disciplinary action pursuant to this section against the licensee, registrant, or certificate holder is prima facie evidence against the person in any subsequent application made for a license, registration, or certification to any other board created pursuant to this article 245. (2) (a) Disciplinary proceedings shall be conducted in the manner prescribed by the "State Administrative Procedure Act", article 4 of title 24, and section 12-20-403. st the licensee, registrant, or certificate holder is prima facie evidence against the person in any subsequent application made for a license, registration, or certification to any other board created pursuant to this article 245. (2) (a) Disciplinary proceedings shall be conducted in the manner prescribed by the "State Administrative Procedure Act", article 4 of title 24, and section 12-20-403. (b) Each board, through the department, may employ administrative law judges, on a full-time or part-time basis, to conduct hearings as provided by this article 245 or on any matter within the board's jurisdiction upon such conditions and terms as the board may determine. A board may elect to refer a case for formal hearing to an administrative law judge, with or without an assigned advisor from the board. If a board so elects to refer a case with an assigned advisor and the advisor is a member of the board, the advisor shall be excluded from the board's review of the decision of the administrative law judge. The advisor shall assist the administrative law judge in obtaining and interpreting data pertinent to the hearing. (c) (I) Except as provided in subsection (2)(c)(II) of this section, a board shall not deny, revoke, or suspend a licensee's, registrant's, or certificate holder's right to use a title and shall not place a licensee, registrant, or certificate holder on probation pursuant to the grounds established in sections 12-245-224 and 12-245-228 until a hearing has been conducted if required pursuant to section 24-4-105. (II) The board that licenses, registers, or certifies a licensee, registrant, or certificate holder pursuant to this article 245 may summarily suspend the person's license, registration, or certification, subject to the limitation of section 24-4-104, under the following circumstances: (A) In emergency situations, as provided for by section 24-4-104; (B) The licensee, registrant, or certificate holder has been adjudicated by a court of competent jurisdiction as a person who is gravely disabled, a person who is mentally incompetent, or a person who is insane; is a person who has a mental health disorder; or is a person who has an intellectual and developmental disability; or (C) The licensee, registrant, or certificate holder violates subsection (2)(d) of this section. (d) (I) If a board has reasonable cause to believe that a licensee, registrant, or certificate holder whom the board licenses, registers, or certifies pursuant to this article 245 is unable to practice with reasonable skill and safety to patients, the board may require the licensee, registrant, or certificate holder to submit to mental or physical examinations designated by the board. Upon the failure of the licensee, registrant, or certificate holder to submit to a mental or physical examination, and unless the person shows good cause for the failure, the board may suspend the license, certification, or registration of the person until the person submits to the required examinations. (II) Every licensee, registrant, or certificate holder is deemed to have consented to submit to mental or physical examinations when directed in writing by the board that licenses, registers, or certifies the licensee, registrant, or certificate holder pursuant to this article 245 and to have waived all objections to the admissibility of the examiner's testimony or examination reports on the ground of privileged communication. (III) The results of any mental or physical examination ordered by a board may be used as evidence in any proceeding initiated by a board or within that board's jurisdiction in any forum. (3) In addition to the actions authorized by section 12-20-404, disciplinary actions may consist of the following: y of the examiner's testimony or examination reports on the ground of privileged communication. (III) The results of any mental or physical examination ordered by a board may be used as evidence in any proceeding initiated by a board or within that board's jurisdiction in any forum. (3) In addition to the actions authorized by section 12-20-404, disciplinary actions may consist of the following: (a) Probationary status. A board may impose probationary status on a licensee, registrant, or certificate holder. If a board places a licensee, registrant, or certificate holder on probation, it may include conditions for continued practice that the board deems appropriate to assure that the licensee, registrant, or certificate holder is physically, mentally, and otherwise qualified to practice in accordance with generally accepted professional standards of practice, including any of the following: (I) Submission by the licensee, registrant, or certificate holder to examinations a board may order to determine the person's physical or mental condition or professional qualifications; (II) Participation in therapy or courses of training or education the board determines necessary to correct deficiencies found either in the hearing or by the examinations; (III) Review or supervision of the person's practice as may be necessary to determine the quality of, and correct any deficiencies in, that practice; and (IV) The imposition of restrictions upon the nature of the person's practice to assure that the person does not practice beyond the limits of the person's capabilities. (b) Issuance of confidential letters of concern. A board may issue and send to a licensee, registrant, or certificate holder a confidential letter of concern under the circumstances specified in section 12-20-404 (5). The letter must advise the licensee, registrant, or certificate holder that the board is concerned about a complaint it received about the licensee, registrant, or certificate holder and must specify what action, if any, the licensee, registrant, or certificate holder should take to assuage the board's concern. Confidential letters of concern are confidential, and the board shall not disclose the existence of the letter or its contents to members of the public or in any court action unless the board is a party to the action. (4) (a) Except as provided in subsection (4)(b) of this section, if a complaint is dismissed, records of investigations, examinations, hearings, meetings, and other proceedings of the board conducted pursuant to this section are exempt from the open records law, article 72 of title 24. (b) The exemption from the open records law specified in subsection (4)(a) of this section does not apply: (I) When a decision to proceed with a disciplinary action has been agreed upon by a majority of the members of the applicable board and a notice of formal complaint is drafted and served on the licensee, registrant, or certificate holder by first-class mail; or (II) Upon final agency action. b) The exemption from the open records law specified in subsection (4)(a) of this section does not apply: (I) When a decision to proceed with a disciplinary action has been agreed upon by a majority of the members of the applicable board and a notice of formal complaint is drafted and served on the licensee, registrant, or certificate holder by first-class mail; or (II) Upon final agency action. (c) In any final agency action or formal complaint, the board, when it deems necessary, shall redact all names of clients or other recipients of services to protect the persons' confidentiality. (5) Section 12-20-408 governs judicial review of final board actions and orders appropriate for judicial review. Judicial proceedings for the enforcement of a board order may be instituted in accordance with section 24-4-106 (11). (6) Any board member having an immediate personal, private, or financial interest in any matter pending before the board shall disclose the fact to the board and shall not vote upon the matter. (7) Any licensee, registrant, or certificate holder against whom a malpractice claim is settled or a judgment rendered in a court of competent jurisdiction shall notify the board that licenses, registers, or certifies the licensee, registrant, or certificate holder pursuant to this article 245 of the judgment or settlement within sixty days after the disposition. (8) Any licensee, registrant, or certificate holder who has direct knowledge that a licensee, registrant, or certificate holder has violated section 12-245-224 or 12-245-228 has a duty to report the violation to the board that licenses, registers, or certifies the licensee, registrant, or certificate holder pursuant to this article 245 unless reporting the violation would violate the prohibition against disclosure of confidential information without client consent pursuant to section 12-245-220.

C.R.S. § 12-245-227 Reconsideration and review of action of a board

12-245-227. Reconsideration and review of action of a board. A board, on its own motion or upon application, at any time after the imposition of any discipline as provided in section 12-245-226, may reconsider its prior action and reinstate or restore the license, registration, or certification; terminate probation; or reduce the severity of its prior disciplinary action. The board has sole discretion to determine whether to take further action or hold a hearing with respect to its prior disciplinary action.

C.R.S. § 12-245-228 Unauthorized practice - penalties

12-245-228. Unauthorized practice - penalties. (1) Any person who practices or offers or attempts to practice as a psychologist, social worker, marriage and family therapist, licensed professional counselor, psychotherapist, or addiction counselor without an active license, registration, or certification issued under this article 245 is subject to penalties pursuant to section 12-20-407 (1)(a). (2) No action may be maintained for the breach of a contract involving the unlawful practice of psychology, social work, professional counseling, marriage and family therapy, addiction counseling, or psychotherapy or for the recovery of compensation for services rendered under such a contract. (3) When an individual has been the recipient of services prohibited by this article 245, whether or not the person knew that the rendition of the services were unlawful: (a) The person or the person's personal representative is entitled to recover the amount of any fee paid for the services; and (b) Damages for injury or death occurring as a result of the services may be recovered in an appropriate action without any showing of negligence.

C.R.S. § 12-245-229 Licensee duties relating to assistance animals - definitions

12-245-229. Licensee duties relating to assistance animals - definitions. (1) A licensee who is approached by a patient seeking an assistance animal as a reasonable accommodation in housing shall either: (a) Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or (b) Make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the animal. (2) This section does not: (a) Change any laws or procedures related to a service animal under Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended; (b) Affect in any way the right of pet ownership in public housing established in 42 U.S.C. sec. 1437z-3, as amended; or (c) Limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal. (3) A licensee shall not make a determination related to subsection (1) of this section unless the licensee: (a) Has met with the patient in person; (b) Is sufficiently familiar with the patient and the disability; and (c) Is legally and professionally qualified to make the determination. (4) For purposes of this section: (a) "Assistance animal" means an animal that qualifies as a reasonable accommodation under the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, or section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended. (b) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201. (c) "Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended.

C.R.S. § 12-245-230 Injunctive proceedings

12-245-230. Injunctive proceedings. (1) A board may apply for an injunction in accordance with section 12-20-406, but only to enjoin: (a) Any person licensed, registered, or certified by that board pursuant to this article 245 from committing any act prohibited by this article 245; (b) A licensee, registrant, or certificate holder regulated by that board from practicing the profession for which the person is licensed, registered, or certified under this article 245 if the person has violated section 12-245-224 or 12-245-226 (2)(d). (2) If the board demonstrates that the defendant has been or is committing any act prohibited by this article 245, the court shall enter a decree perpetually enjoining the defendant from further committing the act or from practicing any profession licensed, registered, or certified pursuant to this article 245.

C.R.S. § 12-245-231 Mental health professional peer health assistance program - fees - administration - rules - definition

12-245-231. Mental health professional peer health assistance program - fees - administration - rules - definition. (1) (a) On and after July 1, 2012, as a condition of licensure, registration, or certification and renewal in this state, every person applying for a new license, registration, or certification or to renew his or her license, registration, or certification shall pay a fee, for use by the administering entity selected by the director pursuant to this subsection (1), in an amount not to exceed twenty-five dollars per application for a new or to renew a license, registration, or certification. The director shall annually review the fee and program usage level and adjust the fee amount based on program usage, but the director shall not adjust the fee to an amount in excess of twenty-five dollars. The division shall forward the fee to the chosen administering entity for use in supporting designated providers selected to provide assistance to licensees, registrants, or certificate holders needing help in dealing with physical, emotional, or psychological conditions that may be detrimental to their ability to practice their mental health profession. (b) By January 31, 2014, the director, in consultation with the boards before making a selection, shall select one or more designated providers to provide the peer health assistance program. For purposes of selecting designated providers, the director shall use a competitive bidding process that encourages participation from interested vendors. To be eligible for designation, a peer health assistance program must: (I) Provide for the education of mental health professionals with respect to the recognition and prevention of physical, emotional, and psychological conditions and provide for intervention when necessary or under circumstances established by the board by rule; (II) Offer assistance to a mental health professional in identifying physical, emotional, or psychological conditions; (III) Evaluate the extent of physical, emotional, or psychological conditions and refer the mental health professional for appropriate treatment, taking into consideration the cost of the treatment, whether the cost is prohibitive for or will pose an undue financial hardship on the mental health professional, and, if so, referring the mental health professional to alternative treatment or to a provider or treatment program that offers discounted fees based on ability to pay; (IV) Monitor the status of a mental health professional who has been referred for treatment; (V) Provide counseling and support for the mental health professional and for the family of any mental health professional referred for treatment; (VI) Agree to receive referrals from the board; (VII) Agree to make its services available to all licensed, registered, or certified mental health professionals; and (VIII) Notify the appropriate board when a mental health professional has successfully completed the peer health assistance program. (c) The director may select an entity to administer the mental health professional peer assistance program. An administering entity must be a nonprofit private foundation that is qualified under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and that is dedicated to providing support for charitable, benevolent, educational, and scientific purposes that may be related to mental health professions, mental health professional education, mental health research and science, and other mental health charitable purposes. t private foundation that is qualified under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and that is dedicated to providing support for charitable, benevolent, educational, and scientific purposes that may be related to mental health professions, mental health professional education, mental health research and science, and other mental health charitable purposes. (d) The administering entity shall: (I) Distribute the money collected by the division, less expenses, to the designated provider, as directed by the director; (II) Provide an annual accounting to the division of all amounts collected, expenses incurred, and amounts disbursed; and (III) Post a surety performance bond in an amount specified by the director to secure performance under the requirements of this section. The administering entity may recover the actual administrative costs incurred in performing its duties under this section in an amount not to exceed ten percent of the total amount collected. (e) The division shall collect the required annual payments payable to the administering entity for the benefit of the administering entity and shall transfer all such payments to the administering entity. All required annual payments collected or due for each fiscal year are custodial funds that are not subject to appropriation by the general assembly, and the distribution of payments to the administering entity or expenditure of the payments by the administering entity does not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution. (2) (a) Any mental health professional who is referred by the applicable board to a peer health assistance program shall enter into a stipulation with the board pursuant to section 12-20-405 (3) before participating in the program. The agreement must contain specific requirements and goals to be met by the participant, including the conditions under which the program will be successfully completed or terminated, and a provision that a failure to comply with the requirements and goals is to be promptly reported to the board and that the failure will result in disciplinary action by the board. Upon notice from the peer health assistance program that a mental health professional has successfully completed the program, the board that regulates the professional shall reinstate the professional's license, registration, or certification. (b) Notwithstanding sections 12-245-225, 12-245-226, and 24-4-104, the applicable board may immediately suspend the license of any mental health professional who is referred to a peer health assistance program by the board and who fails to attend or to complete the program. If the mental health professional objects to the suspension, he or she may submit a written request to the board for a formal hearing on the suspension within ten days after receiving notice of the suspension, and the board shall grant the request. In the hearing, the mental health professional bears the burden of proving that his or her license, registration, or certification should not be suspended. he mental health professional objects to the suspension, he or she may submit a written request to the board for a formal hearing on the suspension within ten days after receiving notice of the suspension, and the board shall grant the request. In the hearing, the mental health professional bears the burden of proving that his or her license, registration, or certification should not be suspended. (c) Any mental health professional who self-refers and is accepted into a peer health assistance program shall affirm that, to the best of his or her knowledge, information, and belief, he or she knows of no instance in which he or she has violated this article 245 or the rules of the board, except in those instances affected by the mental health professional's physical, emotional, or psychological conditions. (3) Nothing in this section creates any liability on the director, division, or state of Colorado for their actions in making grants to peer assistance programs, and no civil action may be brought or maintained against the board, director, division, or state for an injury alleged to have been the result of the activities of any state-funded peer assistance program or the result of an act or omission of a mental health professional participating in or referred by a state-funded peer assistance program. However, the state remains liable under the "Colorado Governmental Immunity Act", article 10 of title 24, if an injury alleged to have been the result of an act or omission of a mental health professional participating in or referred by a state-funded peer assistance program occurred while the mental health professional was performing duties as an employee of the state. (4) The boards may promulgate rules necessary to implement this section. The boards and the director shall seek and obtain input from representatives of associations representing each type of mental health professional regulated under this article 245 in the development of the peer health assistance program and related rules and shall not select a designated provider until that input is obtained. (5) As used in this section, "mental health professional" means a psychologist, social worker, marriage and family therapist, licensed professional counselor, or addiction counselor regulated under this article 245.

C.R.S. § 12-245-232 Minimum standards for testing

12-245-232. Minimum standards for testing. (1) Every person licensed, registered, or certified under this article 245 must meet the minimum professional preparation standards set forth in this section to engage in the administration, scoring, or interpretation of the following levels of psychometric or electrodiagnostic testing: (a) General use. There is no educational or experience minimum necessary for a licensee, registrant, or certificate holder to administer standardized personnel selection, achievement, general aptitude, or proficiency tests. (b) Technical use. A master's degree in anthropology, psychology, counseling, marriage and family therapy, social work, or sociology from a regionally accredited university or college certified by the accrediting agency or body to award graduate degrees and completion of at least one graduate level course each in statistics, psychometric measurement, theories of personality, individual and group test administration and interpretation, and psychopathology is required in order to administer, score, or interpret tests that require technical knowledge of test construction and use or require the application of scientific and psychophysiological knowledge. The tests include, but are not limited to, tests of general intelligence, special aptitudes, temperament, values, interests, and personality inventories. (c) Advanced use. A licensee, registrant, or certificate holder must meet all the requirements of subsection (1)(b) of this section and, in addition, completion, at a regionally accredited university or college certified by the accrediting agency or body to award graduate degrees, of at least one graduate-level course in six of the following areas: Cognition, emotion, attention, sensory-perceptual function, psychopathology, learning, encephalopathy, neuropsychology, psychophysiology, personality, growth and development, projective testing, and neuropsychological testing and completion of one year of experience in advanced use practice under the supervision of a person fully qualified under this subsection (1)(c) in order to practice projective testing, neuropsychological testing, or use of a battery of three or more tests to: (I) Determine the presence, nature, causation, or extent of psychosis, dementia diseases and related disabilities, amnesia, cognitive impairment, influence of deficits on competence, and ability to function adaptively; (II) Determine the etiology or causative factors contributing to psychological dysfunction, criminal behavior, vocational disability, neurocognitive dysfunction, or competence; or (III) Predict the psychological responses to specific medical, surgical, and behavioral interventions. (2) The board licensing, registering, or certifying any person violating this section may bring disciplinary proceedings or injunctive proceedings against the person pursuant to section 12-245-226 or 12-245-230. (3) The testing required pursuant to this section may be administered by a qualified psychometrician or student trainee working under the direct supervision of a licensee who meets the requirements in this section.

C.R.S. § 12-245-233 Auricular acudetox by professionals - training - definition

12-245-233. Auricular acudetox by professionals - training - definition. (1) A professional who has provided documentation that he or she has been trained to perform auricular acudetox in accordance with subsection (4) of this section may perform auricular acudetox if the auricular acudetox is performed under the professional's current scope of practice. (2) A professional performing auricular acudetox pursuant to subsection (1) of this section shall not use the title "acupuncturist" or otherwise claim to be a person qualified to perform acupuncture beyond the scope of this section. (3) As used in this section "auricular acudetox" means the subcutaneous insertion of sterile, disposable acupuncture needles in the following five consistent, predetermined bilateral locations: (a) Sympathetic; (b) Shen men; (c) Kidney; (d) Liver; and (e) Lung. (4) In order to perform auricular acudetox pursuant to subsection (1) of this section, a professional must successfully complete a training program in auricular acudetox for the treatment of substance use disorders that meets or exceeds standards of training established by the National Acupuncture Detoxification Association or another organization approved by the director.

C.R.S. § 12-245-234 Repeal of article - subject to review

12-245-234. Repeal of article - subject to review. This article 245 is repealed, effective September 1, 2029. Before the repeal, all of the boards relating to the licensing, registration, or certification of and grievances against any person licensed, registered, or certified pursuant to this article 245 are scheduled for review in accordance with section 24-34-104.

C.R.S. § 12-245-301 Definitions

12-245-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Adverse action" means any action taken by the board that finds a violation of a statute or rule that is identified by the board as discipline and is a matter of public record. (2) "Approved school" means any university or other institution of higher education offering a full-time graduate course of study in psychology and having programs approved by the American Psychological Association or the board. (3) "Board" means the state board of psychologist examiners created by section 12-245-302 (1). (4) "Independently licensed prescribing physician" means a physician licensed pursuant to article 240 of this title 12 who supervises licensed psychologists participating in practicums described in section 12-245-309 (2)(a)(IV). (5) "Licensed psychologist" means a person licensed pursuant to this part 3. (6) "Narcotic drug" has the same meaning as set forth in section 18-18-102 (20). (7) "Prescribing psychologist" means a licensed psychologist who holds a prescription certificate. (8) "Prescription certificate" means a document issued by the board, with approval of the Colorado medical board, to a licensed psychologist that permits the licensed psychologist to prescribe psychotropic medications pursuant to this part 3. (9) "Professional psychological training program" means a doctoral training program that: (a) Is a planned program of study that reflects an integration of the science and practice of psychology; and (b) For applicants receiving their terminal degrees after 1990, is designated as a doctoral program in psychology by the Association of State and Provincial Psychology Boards or the National Register of Health Service Psychologists or is accredited by the American Psychological Association or Canadian Psychological Association. (10) (a) "Psychotropic medication" means a controlled substance or dangerous drug: (I) That may not be dispensed or administered without a prescription; (II) For which the primary indication for use is approved by the federal food and drug administration for the treatment of mental health disorders; and (III) That is listed as a psychotherapeutic agent in the most recent edition of "Drug Facts and Comparisons" or in the American hospital formulary service drug information compendium. (b) "Psychotropic medication" does not include a narcotic drug. (11) "Telepsychology" means the provision of psychological services using telecommunications technologies.

C.R.S. § 12-245-302 State board of psychologist examiners - created - members - terms

12-245-302. State board of psychologist examiners - created - members - terms. (1) There is created a state board of psychologist examiners under the supervision and control of the division. The state board of psychologist examiners is a type 1 entity, as defined in section 24-1-105. (2) The board consists of seven members who are residents of the state of Colorado as follows: (a) Four board members must be licensed psychologists, at least two of whom shall be engaged in the direct practice of psychology and one of whom is a prescribing psychologist; except that, if, after a good faith attempt, the governor determines that an applicant for membership on the board pursuant to this subsection (2)(a) who is engaged in the direct practice of psychology or who is a prescribing psychologist is not available to serve on the board for a particular term, the governor may appoint a licensed psychologist who is not engaged in the direct practice of psychology or who is not a prescribing psychologist. (b) Three board members must be representatives of the general public, one of whom may be a mental health consumer or family member of a mental health consumer. These individuals must have never been psychologists, applicants or former applicants for licensure as psychologists, members of another mental health profession, or members of households that include psychologists or members of another mental health profession or otherwise have conflicts of interest or the appearance of conflicts with their duties as board members. (3) Each board member shall hold office until the expiration of the member's appointed term or until a successor is duly appointed. The term of each member shall be four years, and no board member shall serve more than two full consecutive terms. Any vacancy occurring in board membership other than by expiration of a term shall be filled by the governor by appointment for the unexpired term of the member. (4) The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three quarters of the total meetings in any calendar year. (5) Repealed.

C.R.S. § 12-245-303 Practice of psychology defined

12-245-303. Practice of psychology defined. (1) For the purposes of this part 3, the "practice of psychology" means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures, for the purpose of: (a) Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior; (b) Evaluating, assessing, or facilitating the enhancement of individual, group, or organizational effectiveness, including personal effectiveness, adaptive behavior, interpersonal relationships, work and life adjustment, health, and individual, group, or organizational performance; or (c) Providing clinical information to be utilized in legal proceedings. (2) The practice of psychology includes: (a) Psychological testing and the evaluation or assessment of personal characteristics such as intelligence; personality; cognitive, physical, or emotional abilities; skills; interests; aptitudes; and neuropsychological functioning; (b) Counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; (c) Diagnosis, treatment, and management of behavioral, mental, or emotional health disorders or disabilities; substance use disorders; and disorders of habit or conduct, as well as of the psychological aspects of physical illness, accident, injury, or disability; (d) Psychoeducational evaluation, therapy, and remediation; (e) Consultation with physicians, other health-care professionals, and patients regarding all available treatment options with respect to provision of care for a specific patient or client; (f) The provision of direct services to individuals or groups for the purpose of enhancing individual and thereby organizational effectiveness, using psychological principles, methods, or procedures to assess and evaluate individuals on personal characteristics for individual development or behavior change or for making decisions about the individual, such as selection; and (g) The supervision of any of the practices described in this subsection (2). (3) Psychological services may be rendered to individuals, families, groups, organizations, institutions, the public, and the courts. (4) The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered.

C.R.S. § 12-245-304 Qualifications - examinations - licensure and registration - rules

12-245-304. Qualifications - examinations - licensure and registration - rules. (1) The board shall issue a license as a psychologist to each applicant who files an application in a form and manner required by the board, submits the fee required by the board pursuant to section 12-245-205, and furnishes evidence satisfactory to the board that the applicant: (a) Is at least twenty-one years of age; (b) Is not in violation of any provision of this article 245 or any rules promulgated by the board; (c) Has completed a doctorate degree with a major in psychology, or the equivalent to that major as determined by the board, from an approved school; (d) Has had at least one year of postdoctoral experience practicing psychology under supervision approved by the board; (e) Demonstrates professional competence by passing a single, written examination in psychology as prescribed by the board and a jurisprudence examination administered by the division; and (f) On and after July 14, 2020, upon the initial application for licensure, has completed a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), with satisfactory results as determined by the board. (2) (a) The examination by the board described in subsection (1)(e) of this section shall be given not less than twice per year at such time and place and under such supervision as the board may determine. (b) The examination shall test for knowledge of the following three areas: (I) General psychology; (II) Clinical and counseling psychology; and (III) Application of the practice of clinical and counseling psychology, including knowledge of appropriate statutes and professional ethics. (c) The board or its designated representatives shall administer and determine the pass or fail status of the examination and take any actions necessary to ensure impartiality. The board shall determine the passing score for the examination based upon a level of minimum competency to engage in the practice of psychology. (3) (a) The board shall register as a psychologist candidate a person who files an application for registration, accompanied by the fee required by section 12-245-205, and who: (I) Submits evidence satisfactory to the board that the person has met the requirements of subsections (1)(a), (1)(b), and (1)(c) of this section; and (II) Repealed. (III) Has passed a jurisprudence examination administered by the division. (b) A psychologist candidate registered pursuant to this subsection (3) is under the jurisdiction of the board. If the requirements of subsections (1)(d) and (1)(e) of this section are not met within three years, the registration of the psychologist candidate is subject to the renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202. Prior to a second or subsequent renewal of a psychologist candidate registration, the registered psychologist candidate shall complete continuing professional development and educational hours to maintain the candidate's registration as a registered psychologist candidate. (c) On or before December 31, 2024, the board shall begin the rule-making process to promulgate rules that bring the rules pertaining to psychologists into alignment with this part 3, including: (I) A requirement to take and pass the Colorado jurisprudence examination to obtain a psychologist candidate registration; (II) The renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202; and (III) The continuing professional development and educational hours specified in subsection (3)(b) of this section.

C.R.S. § 12-245-305 Rights and privileges of licensure - title

12-245-305. Rights and privileges of licensure - title. (1) Any person who possesses a valid, unsuspended, and unrevoked license as a licensed psychologist has the right to: (a) Engage in the private, independent practice of psychology; (b) Practice and supervise psychology practice; and (c) Use the title "psychologist" and the terms "psychology" and "psychological". No other person may assume these titles or use these terms on any work or letter, sign, figure, or device to indicate that the person using the title or terms is a licensed psychologist. (2) Any person duly licensed as a psychologist shall not be required to obtain any other license or certification to practice psychology unless otherwise required by the board.

C.R.S. § 12-245-306 Exemptions

12-245-306. Exemptions. (1) Nothing in this part 3 shall be construed to prevent the teaching of psychology, or the conduct of psychological research, if the teaching or research does not involve the delivery or supervision of direct psychological services to individuals who are themselves, rather than a third party, the intended beneficiaries of the services without regard to the source or extent of payment for services rendered. Nothing in this part 3 prevents the provision of expert testimony by psychologists who are exempted by this part 3. A person who has completed an earned doctoral degree in psychology from an approved school may use the title "psychologist" in conjunction with the activities permitted in this subsection (1). (2) Nothing in this part 3 shall be construed to prevent members of other professions licensed under the laws of this state from rendering services within the scope of practice as set out in the statutes regulating their professional practices so long as they do not represent themselves to be psychologists or their services as psychological. (3) The use of the title "psychologist" may be continued by an unlicensed person who, as of July 1, 1982, is employed by a state, county, or municipal agency or by other political subdivisions or any educational institution chartered by the state, but only so long as the person remains in the employment of the same institution or agency and only in the course of conducting duties for the agency or institution. (4) Nothing in this part 3 shall be construed to limit the use of an official title on the part of any doctoral level graduate of a research psychology program or an industrial or organizational psychology program from a regionally accredited university while engaged in the conduct of psychological research or the provision of psychological consultation to organizations or institutions if the services do not include the clinical practice of psychology. (5) Nothing in this part 3 shall be construed to require the new regulation of any occupational or professional group that is not currently subject to regulation under state law. (6) Nothing in this part 3 prevents the practice of psychotherapy by persons registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703. (7) No person may engage in the practice of psychology as a psychologist, or refer to himself or herself as a psychologist, unless the person is licensed pursuant to this part 3.

C.R.S. § 12-245-307 Continuing professional development - rules

12-245-307. Continuing professional development - rules. (1) In accordance with section 12-245-304, the board issues a license to practice as a psychologist based on whether the applicant satisfies minimum educational and experience requirements that demonstrate competency to practice as a psychologist. After a license is issued to an applicant, the licensed psychologist shall complete continuing professional development and educational hours to maintain his or her license as a psychologist. (2) The board shall adopt rules establishing a continuing professional development program that includes, at a minimum, the following elements: (a) The development, execution, and documentation of a learning plan; (b) A requirement that, every two years, a licensed psychologist complete at least forty hours of continuing professional development, including one or more of the following activities, in any combination, chosen by the licensed psychologist: (I) (A) Attending workshops; seminars; symposia; colloquia; invited speaker sessions; postdoctoral institutes; or scientific or professional programs offered at meetings of local, state, regional, national, or international professional or scientific organizations. The activities completed pursuant to this subsection (2)(b)(I) may include online continuing education but must qualify as continuing education units or continuing medical education credit approved by the American Psychological Association, state medical association, or Accreditation Council for Continuing Medical Education or by a regionally accredited institution of higher education; except that up to five of the continuing professional development hours completed pursuant to this subsection (2)(b)(I) may come from attendance at nonaccredited programming that meets the other requirements of this subsection (2)(b)(I). (B) A licensed psychologist must retain a transcript or a certificate of attendance, including a statement of the credits earned, provided at the end of the workshop, seminar, symposium, colloquium, invited speaker session, postdoctoral institute, or scientific or professional program offered at a meeting of a local, state, regional, national, or international professional or scientific organization as documentation of completion. (II) Satisfactorily completing an ethics course offered by the American Psychological Association, state medical association, or Accreditation Council for Continuing Medical Education, or a regionally accredited institution of higher education. A licensed psychologist must retain a certificate of attendance or a transcript as documentation of completion. One continuing education hour is equivalent to one professional development hour. (III) Developing and teaching an academic course in psychology at an institution accredited by a regional accrediting association. Credit is given for the first time within a given licensure cycle that the licensed psychologist teaches the course, as documented by the dean or head of the department of the institution in which the course was taught, and is based on the number of credit hours, units, or hours assigned by the institution. One academic credit, unit, or hour is equivalent to ten continuing professional development hours. (IV) Satisfactorily completing a graduate course in psychology offered by an institution accredited by a regional accrediting association and documented by an academic transcript showing the graduate credits earned. One academic credit, unit, or hour is equivalent to ten continuing professional development hours. redit, unit, or hour is equivalent to ten continuing professional development hours. (IV) Satisfactorily completing a graduate course in psychology offered by an institution accredited by a regional accrediting association and documented by an academic transcript showing the graduate credits earned. One academic credit, unit, or hour is equivalent to ten continuing professional development hours. (V) Developing and presenting for the first time within a given licensure cycle a workshop, seminar, symposium, colloquium, or invited speaking session at a meeting of a professional or scientific organization or a postdoctoral institute, documented by a printed program or agenda. One hour of workshop, seminar, symposium, colloquial presentation, or invited speaking session is equivalent to three continuing professional development hours. (VI) Authoring or editing a psychology publication documented by a cover sheet, masthead, or table of contents from the publication. The maximum hours that may be earned are as follows: (A) Authoring a professional or scientific book is equivalent to forty hours of continuing professional development hours; (B) Authoring a professional or scientific book chapter or journal article is equivalent to twenty hours of continuing professional development hours; (C) Editing a professional or scientific book or journal is equivalent to thirty hours of continuing professional development hours. (VII) Providing editorial review of a professional psychological or scientific journal article at the request of the journal's editorial staff. Editorial review, as documented by acknowledgment of the completed review by the editorial staff, is equivalent to one continuing professional development hour. (c) A requirement that each licensed psychologist maintain all documentation for his or her continuing professional development hours. (3) A licensed psychologist is not required to receive preapproval from the board or other entity prior to the completion of a continuing professional development activity in order to receive credit for the continuing professional development hours. (4) The board may audit up to five percent of licensed psychologists each two-year cycle to determine compliance with continuing professional development requirements. (5) (a) Records of assessments or other documentation developed or submitted in connection with the continuing professional development program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a licensed psychologist. The records or documents shall be used only by the board for the purpose of determining whether a licensed psychologist is maintaining continuing professional development necessary to engage in the profession. (b) Subject to the requirements of subsection (5)(a) of this section, nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed psychologist.

C.R.S. § 12-245-308 Psychology interjurisdictional compact act - powers and duties of the board - rules - definition

12-245-308. Psychology interjurisdictional compact act - powers and duties of the board - rules - definition. (1) For purposes of this section, "compact" means the psychology interjurisdictional compact authorized in part 39 of article 60 of title 24. With regard to the compact, the board has the following powers and duties: (a) To facilitate Colorado's participation in the compact; (b) To promulgate rules necessary for the implementation, administration, and enforcement of the compact. The board shall promulgate rules in accordance with article 4 of title 24. (c) To appoint a person to serve as a commissioner on the psychology interjurisdictional compact commission; (d) To regulate telepsychology in accordance with the compact; (e) To regulate psychologist temporary authorization to practice in accordance with the compact; (f) To notify the psychology interjurisdictional compact commission of any adverse action regarding a licensed psychologist; (g) To provide uniform data to a coordinated license information system consistent with the rules of the psychology interjurisdictional compact commission; (h) To approve payment of assessments levied by the psychology interjurisdictional compact commission to cover the cost of the operations and activities of the commission and its staff.

C.R.S. § 12-245-309 Prescription authority - psychotropic drugs - prescription certificates - requirements - issuance, denial, renewal, and revocation of certification - rules

12-245-309. Prescription authority - psychotropic drugs - prescription certificates - requirements - issuance, denial, renewal, and revocation of certification - rules. (1) Prescribing and administering psychotropic medications. (a) A licensed psychologist may only administer or prescribe psychotropic medication to a person pursuant to the requirements and limitations set forth in this section. (b) A licensed psychologist must hold a prescription certificate in order to prescribe or administer psychotropic medication. (2) Prescription certificate. (a) A licensed psychologist may apply to the board for a prescription certificate in the form and manner approved by the board. The applicant must include satisfactory evidence that the applicant: (I) Has completed a doctoral program in psychology from an approved school or from a doctoral program that was not accredited at the time of the applicant's graduation but meets the professional standards approved by the board; (II) Has successfully completed a master of science in a clinical psychopharmacology program that is designated by the American Psychological Association or any education as set forth in rules promulgated by the board with approval of the Colorado medical board and that consists of didactic instruction of at least four hundred fifty classroom hours in at least the following core areas of instruction: (A) Neuroscience; (B) Pharmacology; (C) Psychopharmacology; (D) Physiology; (E) Pathophysiology; (F) Appropriate and relevant physical and laboratory assessment; (G) Clinical pharmacotherapeutics; and (H) Basic sciences, including general biology, microbiology, cell and molecular biology, human anatomy, human physiology, biochemistry, and genetics, as part of or prior to enrollment in a master of science degree program in clinical psychopharmacology; (III) Has passed the psychopharmacology examination for psychologists developed by the Association of State and Provincial Psychology Boards, or its successor organization; (IV) Has been certified by each of the applicant's independently licensed prescribing physicians as having successfully completed, in not less than twelve months but no more than twenty-four months, a supervised and relevant clinical experience approved by the board and the Colorado medical board that consists of: (A) A one-to-one, in-person supervised practicum, of at least seven hundred fifty hours treating at least one hundred fifty clients with mental health disorders, under the supervision of any one or a combination of appropriately trained independently licensed prescribing physicians who have been determined by the board and the Colorado medical board as competent to train the applicant in the treatment of a diverse client population; (B) Included in the seven hundred fifty hours required in subsection (2)(a)(IV)(A) of this section, at least an eighty-hour practicum in observational clinical assessment and pathophysiology under the supervision of an independently licensed prescribing physician; and (C) If the licensed psychologist is working with patients under eighteen years of age or over sixty-five years of age, at least two hundred fifty of the seven hundred fifty hours required in subsection (2)(a)(IV)(A) of this section under the supervision of one or more independently licensed prescribing physicians who work with patients under eighteen years of age or over sixty-five years of age, whichever is applicable, if the licensed psychologist is working with such patients; (V) Has successfully undergone a process of independent peer review as set forth in rule of the board and approved by the Colorado medical board; n under the supervision of one or more independently licensed prescribing physicians who work with patients under eighteen years of age or over sixty-five years of age, whichever is applicable, if the licensed psychologist is working with such patients; (V) Has successfully undergone a process of independent peer review as set forth in rule of the board and approved by the Colorado medical board; (VI) Maintains commercial professional liability insurance with an insurer authorized to do business in this state or an eligible nonadmitted insurer authorized to provide insurance pursuant to article 5 of title 10 in a minimum indemnity amount of one million dollars per incident and three million dollars annual aggregate per year; and (VII) Meets all other requirements as determined by the board. (b) The board shall issue a prescription certificate to an applicant who the board determines has met the requirements of subsection (2)(a) of this section. A licensed psychologist with a prescription certificate may prescribe and administer psychotropic medication to a person if the licensed psychologist: (I) Holds a current license in good standing to practice psychology in this state; (II) Maintains the commercial professional liability insurance required by subsection (2)(a)(VI) of this section; and (III) Completes at least forty hours of continuing education every two years in the areas of pharmacology and psychopharmacology for prescribing psychologists or a greater amount as required by the board. (3) Prescription certificate by endorsement. Upon payment of the required licensing fees and approval of the application for a prescription certificate by endorsement, the board may certify by endorsement and grant a prescription certificate to an applicant who has: (a) A current license in good standing to practice psychology from another state; and (b) (I) Unrestricted prescriptive authority from another state that imposes the education, supervision, and training requirements required by this section and by rule of the board; or (II) Training from the United States department of defense psychopharmacology demonstration project for licensed psychologists or other similar program that imposes the education, supervision, and training requirements required by this section and by rule of the board. (4) Rules. The board may promulgate rules to: (a) Implement procedures for obtaining a prescription certificate and renewals for the certificates; and (b) In addition to the grounds for discipline in section 12-245-224, establish the grounds for denial, suspension, and revocation of a prescription certificate, including for the suspension of a license to practice psychology upon the suspension or revocation of a certificate. (5) Prescribing and administering practices. (a) A prescribing psychologist may: (I) Prescribe psychotropic medication through the use of telepsychology; and (II) Prescribe and administer psychotropic medication within the recognized scope of practice, including ordering and reviewing laboratory tests in conjunction with a prescription for the treatment of a mental health disorder. (b) When prescribing a psychotropic medication for a patient, the prescribing psychologist shall maintain an ongoing collaborative relationship with the physician who oversees the patient's general medical care to ensure that necessary medical examinations are conducted, the psychotropic medication is appropriate for the patient's medical condition, and significant changes in the patient's medical or psychological conditions are discussed. ion for a patient, the prescribing psychologist shall maintain an ongoing collaborative relationship with the physician who oversees the patient's general medical care to ensure that necessary medical examinations are conducted, the psychotropic medication is appropriate for the patient's medical condition, and significant changes in the patient's medical or psychological conditions are discussed. (c) (I) A prescribing psychologist shall obtain a release of information from a patient or the patient's legal guardian authorizing the psychologist to contact the patient's primary treating physician, as required by law. (II) If a patient or the patient's legal guardian refuses to sign a release of information for the patient's primary treating physician who oversees the patient, the prescribing psychologist shall: (A) Inform the client or the client's legal guardian that the psychologist cannot treat the patient pharmacologically without an ongoing collaborative relationship with the client's primary treating physician; and (B) Refer the patient to another prescriber who is not required to maintain an ongoing collaborative relationship with a physician. (III) Before prescribing or administering a psychotropic medication to a patient, a prescribing psychologist shall communicate to the patient's primary treating physician the intent to prescribe or administer the medication and must receive electronic written agreement from the physician that the prescription for or administering of the medication is appropriate. (IV) If a patient does not have a primary treating health-care provider who is a licensed physician, the prescribing psychologist shall refer the patient to a licensed physician prior to psychopharmacological treatment. The psychologist must receive the results of the licensed physician's assessment and shall contact the licensed physician who conducted the assessment prior to prescribing a psychotropic medication to the patient. (V) Once a collaborative relationship is established with the primary treating physician to whom the psychologist refers the patient pursuant to subsection (5)(c)(IV) of this section, the prescribing psychologist shall maintain and document the collaborative relationship to ensure that relevant information is exchanged accurately and in a timely manner. The ongoing collaborative relationship must be maintained according to the following: (A) A prescribing psychologist shall notify the primary treating physician to whom the psychologist refers the client pursuant to subsection (5)(c)(IV) of this section if the patient experiences adverse effects from medications prescribed by the psychologist that may be related to the patient's medical condition for which the patient is being treated by the primary treating physician; (B) A prescribing psychologist shall notify the primary treating physician to whom the psychologist refers the patient pursuant to subsection (5)(c)(IV) of this section regarding results of laboratory tests related to the medical care of the patient that have been ordered by the psychologist in conjunction with psychopharmacological treatment; and (C) A prescribing psychologist shall notify a primary treating physician to whom the psychologist refers the patient pursuant to subsection (5)(c)(IV) of this section as soon as possible of any change in the patient's psychological condition that may affect the medical treatment being provided by the physician. n ordered by the psychologist in conjunction with psychopharmacological treatment; and (C) A prescribing psychologist shall notify a primary treating physician to whom the psychologist refers the patient pursuant to subsection (5)(c)(IV) of this section as soon as possible of any change in the patient's psychological condition that may affect the medical treatment being provided by the physician. (d) In accordance with section 12-245-203, a prescribing psychologist shall not prescribe medication to a patient unless it is within the prescribing psychologist's scope of training, experience, and competence. (6) Complaints. The Colorado medical board shall review complaints in the normal course of business and make recommendations to the board regarding violations of this section and disciplinary action to be taken by the board, if applicable. (7) Prescription information. The entity that dispenses a prescription for a psychotropic medication written by a prescribing psychologist shall comply with applicable state and federal laws. (8) Disclosure. A prescribing psychologist shall disclose to each patient to whom the psychologist prescribes a psychotropic medication that the psychologist is not a physician licensed to practice medicine and will be sharing information regarding the delivery of prescribing services to the patient's primary treating health-care provider as required by law. The disclosure must be in writing, signed by the patient, and kept in the patient's record on file with the psychologist. (9) A prescribing psychologist shall not prescribe any drug to a person under eighteen years of age without informed consent from the parent or guardian of such person. (10) Drug enforcement administration number. Each prescribing psychologist shall file with the board, in the form and manner determined by the board, all individual federal drug enforcement administration registrations and numbers. The board and the Colorado medical board shall maintain current records of every psychologist with prescriptive authority, including the psychologist's registrations and numbers. (11) (a) The department shall annually collect information regarding: (I) The number of prescribing psychologists in this state; (II) The location of practice of each prescribing psychologist; (III) The number of prescribing psychologists who accept clients with private health insurance or who are enrolled in the medical assistance program established pursuant to parts 4 to 6 of title 25.5; (IV) The type of practice of each prescribing psychologist; and (V) The populations served by each prescribing psychologist. (b) The department shall compile the information and share it with the office in the department that is responsible for conducting sunset reviews pursuant to section 24-34-104. The office shall include the information in each scheduled sunset review concerning the regulation of mental health professionals pursuant to section 24-34-104.

C.R.S. § 12-245-401 Definitions

12-245-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Approved school" means any university or other institution of higher education offering a full-time undergraduate course of study in social work approved by the Council on Social Work Education or its predecessor organization. (2) "Board" means the state board of social work examiners, created in section 12-245-402. (3) "Clinical social work practice" shall have the same meaning as "social work practice" as defined in section 12-245-403. (4) "Graduate school of social work" means any university or other institution of higher education offering a full-time graduate course of study in social work approved by the Council on Social Work Education or its predecessor organization. (5) "Independent practice" means practicing independent of supervision. (6) "Independent private practice" means a practice charging a fee in a setting other than under the auspices of a public or private nonprofit agency exempt from federal income tax under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended. (7) "Licensed clinical social worker" means any person licensed under the provisions of this part 4 as a clinical social worker. (8) "Licensed social worker" means a person licensed under this part 4 as a licensed social worker. (9) "Social worker" means a person who has completed an earned master's or bachelor's degree in social work from a social work education program accredited by the Council on Social Work Education, or a doctoral degree in social work from a doctoral program within a social work education program accredited by the Council on Social Work Education, and who is practicing within the scope of section 12-245-403.

C.R.S. § 12-245-402 State board of social work examiners - created - members - terms

12-245-402. State board of social work examiners - created - members - terms. (1) There is created under the supervision and control of the division the state board of social work examiners, which consists of seven members who are residents of the state of Colorado and who are appointed by the governor. The state board of social work examiners is a type 1 entity, as defined in section 24-1-105. (2) (a) Four board members shall be licensed clinical social workers, at least two of whom shall be engaged in direct social work practice; except that, if, after a good-faith attempt, the governor determines that an applicant for membership on the board pursuant to this subsection (2)(a) who is engaged in direct social work practice is not available to serve on the board for a particular term, the governor may appoint a licensed clinical social worker who is not engaged in direct social work practice. (b) Three board members shall be representatives of the general public. These individuals shall have never been a social worker, an applicant or former applicant for licensure as a social worker, a member of another mental health profession, or a member of a household that includes a social worker or a member of another mental health profession or otherwise have conflicts of interest or the appearance of conflicts with his or her duties as a board member. (3) Each board member shall hold office until the expiration of the member's appointed term or until a successor is duly appointed. The term of each member is four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A board member shall not serve more than two full consecutive terms. Any vacancy occurring in board membership other than by expiration of a term shall be filled by the governor by appointment for the remainder of the unexpired term of the member. (4) The governor may remove any board member for misconduct, incompetence, or neglect of duty after giving the board member a written statement of the charges and an opportunity to be heard thereon. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three quarters of the total meetings in any calendar year. (5) Repealed. (6) When professional judgment specific to clinical practice is required in the review of alleged violations of section 12-245-224, the board may appoint an advisory committee of clinical practitioners to review and make recommendations to the board.

C.R.S. § 12-245-403 Social work practice defined

12-245-403. Social work practice defined. (1) For the purposes of this part 4, "social work practice" means the professional application of social work theory and methods by a person who has completed a master's degree in social work or a doctoral degree in social work or a bachelor's degree in social work from an accredited social work program, for the purpose of prevention, assessment, diagnosis, and intervention with individual, family, group, organizational, and societal problems, including substance use disorders and domestic violence, based on the promotion of biopsychosocial developmental processes, person-in-environment transactions, and empowerment of the client system. Social work theory and methods are based on known accepted principles that are taught in professional schools of social work in colleges or universities accredited by the Council on Social Work Education. (2) Professional social work practice may include, but is not limited to: (a) Assessment; (b) Differential diagnosis; (c) Treatment planning and evaluation; (d) Measurement of psychosocial functioning; (e) Crisis intervention, outreach, short- and long-term treatment; (f) Therapeutic, individual, marital, and family interventions; (g) Client education; (h) Case management; (i) Mediation; (j) Advocacy; (k) Discharge, referral, and continuity of care planning and implementation; (l) Consultation; (m) Supervision; (n) Research; (o) Management and administration; (p) Program evaluation and education; (q) Social group work; (r) Community organization and development; (s) Social policy analysis and development; (t) Psychotherapy; (u) Consultation, supervision, and teaching in higher education; and (v) Counseling. (3) Social work practice may take place in a public or private agency or institutional, educational, or independent setting. (4) Social work practice is directly based upon an advanced educational program that teaches the practitioner to analyze, intervene, and evaluate in ways that are highly differentiated, discriminating, and self-critical. A practitioner must be able to synthesize and apply a broad range of knowledge as well as practice with a high degree of autonomy and skill. A practitioner must be able to refine and advance the quality of his or her practice as well as that of the larger social work profession. These advanced competencies must be appropriately integrated and reflected in all aspects of a social work practice, including the ability to: (a) Apply critical thinking skills within professional contexts, including synthesizing and applying appropriate theories and knowledge to practice interventions; (b) Practice within the values and ethics of the social work profession and with an understanding of, and respect for, the positive value of diversity; (c) Demonstrate the professional use of self; (d) Understand the forms and mechanisms of oppression and discrimination and the strategies and skills of change that advance social and economic justice; (e) Understand and interpret the history of the social work profession and its current structure and issues; (f) Apply the knowledge and skills of a generalist social work perspective to practice with systems of all sizes; (g) Apply the knowledge and skills of advanced social work practice in an area of concentration; (h) Critically analyze and apply knowledge of biopsychosocial variables that affect an individual's development and behavior and use theoretical frameworks to understand the interactions among and between individuals and social systems; (i) Analyze the impact of social policies on client systems, workers, and agencies and demonstrate skills for influencing policy formulation and change; (j) Evaluate relevant research studies and apply findings to practice, and demonstrate skills in quantitative research design, data analysis, and knowledge dissemination; erstand the interactions among and between individuals and social systems; (i) Analyze the impact of social policies on client systems, workers, and agencies and demonstrate skills for influencing policy formulation and change; (j) Evaluate relevant research studies and apply findings to practice, and demonstrate skills in quantitative research design, data analysis, and knowledge dissemination; (k) Conduct empirical evaluations of their own practice interventions and those of other relevant systems; and (l) Use communication skills differentially with a variety of client populations, colleagues, and members of the community. (5) Social work practice includes the clinical supervision by a licensed clinical social worker of a person working toward certification as a certified addiction technician or a certified addiction specialist pursuant to section 12-245-804 (3.5), if the licensed clinical social worker has met the education requirements for a licensed addiction counselor, or the equivalent, as specified in rules promulgated by the state board of human services pursuant to section 27-80-108 (1)(e.5) or 27-50-107 (3)(e)(II), as applicable.

C.R.S. § 12-245-404 Qualifications - examination - licensure and registration - rules

12-245-404. Qualifications - examination - licensure and registration - rules. (1) The board shall license as a licensed social worker a person who files an application in a form and manner required by the board, submits the fee required by the board pursuant to section 12-245-205, and submits evidence satisfactory to the board that the applicant: (a) Is at least twenty-one years of age; (b) Has completed a master's degree from a graduate school of social work; and (c) Demonstrates legal and ethical competence by satisfactorily passing a jurisprudence examination administered by the division. (2) The board shall license as a licensed clinical social worker a person who files an application, in a form and manner required by the board, submits the fee required by the board pursuant to section 12-245-205, and submits evidence satisfactory to the board that the applicant: (a) Is at least twenty-one years of age; (b) Has completed a master's or doctoral degree from a graduate school of social work; (c) Has practiced social work for at least two years under the virtual or in-person supervision of a licensed clinical social worker or other person with equivalent experience as determined by the board, which practice includes training and work experience in the area of clinical social work practice; and (d) Demonstrates professional competence by satisfactorily passing an examination in social work as prescribed by the board and a jurisprudence examination administered by the division. (3) (a) The board or its designated representative shall give the examination described in subsection (2)(d) of this section at least twice per year at a time and place and under the supervision determined by the board. (b) The board or its designated representatives shall administer and determine the pass or fail status of the examination and take any actions necessary to ensure impartiality. The board shall determine the passing score for the examination based upon a level of minimum competency to engage in social work practice. (4) (a) The board shall register as a clinical social worker candidate a person who files an application for registration, accompanied by the fee required by section 12-245-205, who is not in violation of any provision of this article 245 or any rules promulgated by the board, and who: (I) Submits evidence satisfactory to the board that the person has met the requirements of subsections (2)(a) and (2)(b) of this section; and (II) Repealed. (III) Has passed a jurisprudence examination administered by the division. (b) A clinical social worker candidate registered pursuant to this subsection (4) is under the jurisdiction of the board. If the requirements of subsections (2)(c) and (2)(d) of this section are not met within three years after the date of registration as a candidate, the registration of the clinical social worker candidate expires. A person whose clinical social worker candidate registration expires is subject to the renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202. Prior to a second or subsequent renewal of a clinical social worker candidate registration, the registered clinical social worker candidate shall complete continuing professional development and educational hours to maintain the candidate's registration as a registered clinical social worker candidate. (c) On or before December 31, 2024, the board shall begin the rule-making process to promulgate rules that bring the rules pertaining to social workers into alignment with this part 4, including: (I) A requirement to take and pass the Colorado jurisprudence examination to obtain a clinical social worker candidate registration; (II) The renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202; and (III) The continuing professional development and educational hours specified in subsection (4)(b) of this section.

C.R.S. § 12-245-405 Rights and privileges of licensure and a social work degree - titles

12-245-405. Rights and privileges of licensure and a social work degree - titles. (1) Any person who possesses a valid, unsuspended, and unrevoked license as a social worker that was issued pursuant to section 12-245-404 has the right to practice social work under supervision and use the title "licensed social worker" or "social worker" and the abbreviation "LSW". No other person shall assume these titles or use these abbreviations on any work or letter, sign, figure, or device to indicate that the person using the same is a licensed social worker or a social worker. (2) Any person who possesses a valid, unsuspended, and unrevoked license as a clinical social worker that was granted pursuant to section 12-245-404 is entitled to engage in the private, independent practice of clinical social work and has the right to practice and supervise clinical social work practice and use the title "licensed clinical social worker", "clinical social worker", "social worker", or "licensed social worker" and the abbreviation "LCSW". No other person shall assume these titles or use these abbreviations on any work or letter, sign, figure, or device to indicate that the person using the same is a licensed clinical social worker or social worker. (3) Any person engaged in providing medically related social services in skilled nursing or nursing care facilities shall not be subject to the requirements of this article 245 so long as that person meets the qualifications of, and provides services in accordance with, the federal regulations governing the medicare and medicaid program participation of these facilities and the Colorado department of public health and environment's rules for the licensing of these facilities. (4) Any person duly licensed as a licensed clinical social worker or any person under the supervision of a licensed clinical social worker shall not be required to obtain any other license or certification to practice social work unless otherwise required by the board. (5) Any person who has completed an earned master's or bachelor's degree in social work from a social work education program accredited by the Council on Social Work Education, or a doctoral degree in social work from a doctoral program within a social work education program accredited by the Council on Social Work Education, has the right to practice social work and to use the title "social worker". Only a person licensed as a clinical social worker or practicing under the supervision of a licensed clinical social worker may assert that he or she is practicing clinical social work or use the title of "clinical social worker".

C.R.S. § 12-245-406 Scope of part

12-245-406. Scope of part. (1) The practice of social work includes, but is not limited to, the following professional services: Assessment; differential diagnosis; treatment planning and evaluation; measurement of psychosocial functioning; crisis intervention; outreach; short- and long-term treatment; psychotherapy; therapeutic intervention; client education; case management; mediation; advocacy; discharge, referral, and continuity of care planning; consultation; supervision; research; administration; education; social group work; community organization; and social policy analysis and development. Social work practice also may encompass other current or developing modalities and techniques that are consistent with this scope. (2) A person may not state that he or she is engaged in the practice of social work as a social worker, or refer to himself or herself as a social worker, unless the person is licensed pursuant to this part 4 or has completed an earned social work degree, as specified in section 12-245-401 (9). A person may not practice as a clinical social worker unless licensed pursuant to section 12-245-404 (2) or licensed to practice social work and supervised pursuant to section 12-245-404 (1) or (2). (3) No person may supervise the practice of social work for the purpose of licensure compliance or disciplinary proceedings unless approved by the board pursuant to section 12-245-404. (4) Nothing in this part 4 shall be construed to prevent members of other professions licensed under the laws of this state from rendering services within the scope of practice so long as they do not represent themselves to be social workers or their services as social work. (5) Nothing in this part 4 prevents the practice of psychotherapy by persons registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703.

C.R.S. § 12-245-407 Exemptions

12-245-407. Exemptions. Nothing in this part 4 shall be construed to prevent the teaching of social work, or the conduct of social work research, if the teaching or research does not involve the delivery or supervision of direct social work services to individuals who are themselves, rather than a third party, the intended beneficiaries of the services without regard to the source or extent of payment for services rendered. Nothing in this part 4 prevents the provision of expert testimony by social workers who are exempted by this part 4. A person who has completed an earned doctoral degree in social work from an approved school may use the title "social worker" in conjunction with activities permitted in this section.

C.R.S. § 12-245-408 Clinical social work practice of psychotherapy

12-245-408. Clinical social work practice of psychotherapy. For the purpose of licensure, the practice, under this part 4, of psychotherapy and other clinical activities within the definition of social work practice in section 12-245-403 is limited to licensed clinical social workers or licensed social workers and clinical social worker candidates supervised in accordance with section 12-245-404 (2)(c).

C.R.S. § 12-245-409 Employees of social services

12-245-409. Employees of social services. (1) Notwithstanding the exemption in section 12-245-217 (2)(b), an employee of the department of human services or the behavioral health administration in the department of human services, an employee of a county department of human or social services, or personnel under the direct control or supervision of those departments or administration shall not state that the person is engaged in the practice of social work as a social worker or refer to the person's self as a social worker unless the person is licensed pursuant to this part 4 or has completed an earned social work degree, as specified in section 12-245-401 (9). (2) Notwithstanding the exemption in section 12-245-217 (2)(b), any employee licensed pursuant to this article 245 who is terminated from employment by the department of human services, the behavioral health administration in the department of human services, or a county department of human or social services is subject to review and disciplinary action by the board that licenses or regulates the employee. (3) An employee of the department of human services, the behavioral health administration in the department of human services, or a county department of human or social services who has completed a bachelor's or master's degree in social work may apply to the board, for purposes related to licensure under this part 4, for approval for supervision by a person other than a licensed clinical social worker. The board shall consider input from representatives of the department of human services, the behavioral health administration in the department of human services, and the county departments of human or social services when promulgating the rule concerning what qualifications or experience a person is required to possess in order to supervise an employee pursuant to this subsection (3).

C.R.S. § 12-245-410 Continuing professional competency - rules - definition

12-245-410. Continuing professional competency - rules - definition. (1) (a) In accordance with section 12-245-404, the board issues a license to practice as a clinical social worker or a social worker based on whether the applicant satisfies minimum educational and experience requirements that demonstrate professional competency to practice as a licensed clinical social worker or a licensed social worker, respectively. After a license is issued to an applicant, the licensed clinical social worker or licensed social worker shall maintain continuing professional competency to practice as a licensed clinical social worker or licensed social worker, respectively. (b) The board shall adopt rules establishing a continuing professional competency program that includes, at a minimum, the following elements: (I) A self-assessment of the knowledge and skills of a licensed clinical social worker or licensed social worker seeking to renew or reinstate a license; (II) Development, execution, and documentation of a learning plan based on the assessment; and (III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession. Course work provided by an accredited educational institution or a nationally or regionally recognized professional organization is only one of a number of continuing professional competency activities that may satisfy the full continuing competency requirement. Nothing in this subsection (1)(b)(III) shall require a licensed clinical social worker or a licensed social worker to retake any examination required pursuant to section 12-245-404 in connection with initial licensure. (c) The board shall establish that a licensed clinical social worker or licensed social worker is deemed to satisfy the continuing competency requirements of this section if the licensed clinical social worker or licensed social worker meets the continued professional competence requirements of one of the following entities: (I) A state department, including continued professional competence requirements imposed through a contractual arrangement with a provider; (II) An accrediting body recognized by the board; or (III) An entity approved by the board. (d) (I) After the program is established, licensed clinical social workers and licensed social workers shall satisfy the requirements of the program in order to renew or reinstate a license to practice as a licensed clinical social worker or as a licensed social worker in Colorado. (II) The requirements of this section apply to individual licensed clinical social workers or licensed social workers who are licensed pursuant to this part 4, and nothing in this section shall be construed to require a person who employs or contracts with a licensed clinical social worker or licensed social worker to comply with the requirements of this section. (2) (a) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a licensed clinical social worker or a licensed social worker. The records or documents shall be used only by the board for purposes of determining whether a licensed clinical social worker or licensed social worker is maintaining continuing professional competency to engage in the profession. ential and not subject to inspection by the public or discovery in connection with a civil action against a licensed clinical social worker or a licensed social worker. The records or documents shall be used only by the board for purposes of determining whether a licensed clinical social worker or licensed social worker is maintaining continuing professional competency to engage in the profession. (b) Subject to the requirements of subsection (2)(a) of this section, nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed clinical social worker or licensed social worker. (3) As used in this section, "continuing professional competency" means the ongoing ability of a licensee to learn, integrate, and apply the knowledge, skill, and judgment to practice as a licensed clinical social worker or as a licensed social worker, as applicable, according to generally accepted industry standards and professional ethical standards in a designated role and setting.

C.R.S. § 12-245-411 Interstate compact - powers and duties of the board - rules - definitions

12-245-411. Interstate compact - powers and duties of the board - rules - definitions. (1) As used in this section: (a) "Adverse action" has the meaning set forth in section 24-60-4602. (b) "Commission" means the social work licensure compact commission created in section 24-60-4602. (c) "Compact" means the social work licensure compact authorized in part 46 of article 60 of title 24. (d) "Current significant investigative information" has the meaning set forth in section 24-60-4602. (e) "Data system" has the meaning set forth in section 24-60-4602. (f) "Investigative information" means information, records, and documents received or generated by a licensing authority pursuant to an investigation. (g) "Licensing authority" means the board or, in another member state, an agency of the member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers. (h) "Member state" means a state that has enacted the compact. (i) "Multistate authorization to practice" has the meaning set forth in section 24-60-4602. (j) "Telehealth" means the application of telecommunication technology to deliver social work services remotely to assess, diagnose, and treat behavioral health conditions. (2) In addition to any powers and duties specified in the compact for member states, the board has the following powers and duties with regard to the compact: (a) To facilitate Colorado's participation in the compact; (b) To comply with the rules of the commission; (c) To promulgate rules in accordance with article 4 of title 24 as necessary for the implementation, administration, and enforcement of the compact; (d) To appoint a person to serve as a delegate on and attend meetings of the commission in accordance with the terms of the compact; (e) To regulate telehealth in accordance with the compact; (f) To notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of current significant investigative information regarding a regulated social worker; (g) To require an applicant from a member state applying for a multistate license to practice under the compact to submit to a fingerprint-based criminal history record check in accordance with the following: (I) The applicant must pay the costs associated with the fingerprint-based criminal history record check; (II) After submitting an application for a multistate authorization to practice under the compact, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. (III) If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's information for more than thirty days. (IV) The Colorado bureau of investigation shall use the applicant's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, applicant, board, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check. ecords. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, applicant, board, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check. (V) The Colorado bureau of investigation shall return the results of its criminal history record check to the board, and the board is authorized to receive the results of the federal bureau of investigation's criminal history record check. The board shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified for a multistate authorization to practice under the compact. (VI) The results of the record check are confidential. The board shall not release the results of the record check to the public, the commission, a member state, or other state licensing boards. (h) To grant a multistate authorization to practice to a licensee of a member state in accordance with the terms of the compact and to charge a fee to individuals applying for the multistate authorization to practice; (i) To participate fully in the data system consistent with the compact requirements and the rules of the commission; and (j) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.

C.R.S. § 12-245-502 State board of marriage and family therapist examiners - created - members - terms

12-245-502. State board of marriage and family therapist examiners - created - members - terms. (1) There is created under the supervision and control of the division the state board of marriage and family therapist examiners, which consists of seven members who are residents of the state of Colorado. The state board of marriage and family therapist examiners is a type 1 entity, as defined in section 24-1-105. (2) (a) The members of the board shall be appointed by the governor as follows: (I) Three members of the general public who are not regulated by this article 245; and (II) Four marriage and family therapists. (b) The public members shall have never been a marriage and family therapist, an applicant or former applicant for licensure as a marriage and family therapist, a member of another mental health profession, or a member of a household that includes a marriage and family therapist or a member of another mental health profession or otherwise have conflicts of interest or the appearance of conflicts with his or her duties as a board member. (3) Each board member shall hold office until the expiration of the member's appointed term or until a successor is duly appointed. Members shall serve terms of four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A member shall not serve more than two full consecutive terms. Any vacancy occurring in the board membership other than by the expiration of a term shall be filled by the governor by appointment for the remainder of the unexpired term of the member. (4) The governor may remove any board member for misconduct, incompetence, or neglect of duty after giving the board member a written statement of the charges and an opportunity to be heard thereon. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three quarters of the total meetings in any calendar year. (5) Repealed.

C.R.S. § 12-245-503 Marriage and family therapy practice defined

12-245-503. Marriage and family therapy practice defined. (1) For the purposes of this part 5, "marriage and family therapy practice" means the rendering of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, whether the services are offered directly to the general public or through organizations, either public or private, for a monetary fee. Marriage and family therapy utilizes established principles that recognize the interrelated nature of individual problems and dysfunctions to assess, understand, diagnose, and treat emotional problems; behavioral, mental health, and substance use disorders; and domestic violence, and modify intrapersonal and interpersonal dysfunctions. (2) Professional marriage and family therapy practice may include, but is not limited to: (a) Assessment and testing; (b) Diagnosis; (c) Treatment planning and evaluation; (d) Therapeutic individual, marital, family, group, or organizational interventions; (e) Psychotherapy; (f) Client education; (g) Consultation; and (h) Supervision. (3) Professional marriage and family therapy practice includes practicing within the values and ethics of the marriage and family therapy profession. (4) The definition of marriage and family therapy practice is to be interpreted in a manner that does not impinge upon or otherwise limit the scope of practice of other mental health professionals licensed under this article 245. (5) Marriage and family therapy practice includes the clinical supervision by a licensed marriage and family therapist of a person working toward certification as a certified addiction technician or a certified addiction specialist pursuant to section 12-245-804 (3.5), if the licensed marriage and family therapist has met the education requirements for a licensed addiction counselor, or the equivalent, as specified in rules promulgated by the state board of human services pursuant to section 27-80-108 (1)(e.5) or 27-50-107 (3)(e)(II), as applicable.

C.R.S. § 12-245-504 Qualifications - examination - licensure and registration - rules

12-245-504. Qualifications - examination - licensure and registration - rules. (1) The board shall issue a license as a marriage and family therapist to each applicant who files an application in a form and manner required by the board, submits the fee required by the board pursuant to section 12-245-205, and furnishes evidence satisfactory to the board that the applicant: (a) Is at least twenty-one years of age; (b) Is not in violation of any provision of this article 245 or any rule adopted under this article 245; (c) Has completed a master's or doctoral degree from an accredited school or college in marriage and family therapy or its equivalent as determined by the board, and the degree includes a practicum or internship in the principles and practice of marriage and family therapy; (d) Subsequent to completing the applicant's master's or doctoral degree, has had at least two years of post-master's or one year of postdoctoral practice in individual and marriage and family therapy, including at least one thousand five hundred hours of face-to-face direct client contact as determined by the board for the purpose of assessment and intervention under clinical supervision that may be in person or telesupervision; and (e) Demonstrates professional competence by passing an examination in marriage and family therapy prescribed by the board and a jurisprudence examination administered by the division. (1.5) A licensed addiction counselor who possesses a valid, unsuspended, and unrevoked license may provide clinical supervision of an individual working toward licensure as a marriage and family therapist if the licensed addiction counselor has met the education requirements for a licensed marriage and family therapist, or the equivalent, as specified in rules promulgated by the state board of marriage and family therapist examiners created in section 12-245-502. (2) The examination by the board described in subsection (1)(e) of this section shall be given not less than twice per year at such time and place and under such supervision as the board may determine. (3) The board or its designated representatives shall administer and determine the pass or fail status of the examination and take any actions necessary to ensure impartiality. The board shall determine the passing score for the examination based upon a level of minimum competency to engage in marriage and family therapy practice. (4) (a) The board shall register as a marriage and family therapist candidate a person who: (I) Files an application for registration, accompanied by the fee as required by section 12-245-205; (II) Submits evidence satisfactory to the board that the person meets the requirements of subsections (1)(a), (1)(b), and (1)(c) of this section; and (III) Repealed. (IV) Has passed a jurisprudence examination administered by the division. (b) A marriage and family therapist candidate who registers with the board pursuant to this subsection (4) is under the jurisdiction of the board and may, but is not required to, register with the database of unlicensed psychotherapists pursuant to section 12-245-703. (c) If a candidate does not meet the requirements of subsection (1)(d) of this section within three years after initial registration, the candidate's registration is subject to the renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202. Prior to a second or subsequent renewal of a marriage and family therapist candidate registration, the registered marriage and family therapist candidate shall complete continuing professional development and educational hours to maintain the marriage and family therapist registration as a registered marriage and family therapist candidate. elinquency fee provisions specified in section 12-20-202. Prior to a second or subsequent renewal of a marriage and family therapist candidate registration, the registered marriage and family therapist candidate shall complete continuing professional development and educational hours to maintain the marriage and family therapist registration as a registered marriage and family therapist candidate. (d) On or before December 31, 2024, the board shall begin the rule-making process to promulgate rules that bring the rules pertaining to marriage and family therapists into alignment with this part 5, including: (I) A requirement to take and pass the Colorado jurisprudence examination to obtain a marriage and family therapist candidate registration; (II) The renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202; and (III) The continuing professional development and educational hours specified in subsection (4)(c) of this section.

C.R.S. § 12-245-505 Rights and privileges of licensure and registration - title

12-245-505. Rights and privileges of licensure and registration - title. (1) Any person who possesses a valid, unsuspended, and unrevoked license as a licensed marriage and family therapist pursuant to section 12-245-504 has the right to engage in the private, independent practice of marriage and family therapy and has the right to practice and supervise marriage and family therapy practice and use the title "licensed marriage and family therapist" and the abbreviation "LMFT". No other person shall assume these titles or use these abbreviations on any work or letter, sign, figure, or device to indicate that the person using the same is a licensed marriage and family therapist. (2) No person may engage in the practice of marriage and family therapy unless the person is licensed pursuant to this part 5. (3) Any person duly licensed as a licensed marriage and family therapist shall not be required to obtain any other license or certification to practice marriage and family therapy unless otherwise required by the state board of marriage and family therapist examiners. (4) Nothing in this part 5 shall be construed to prevent members of other professions licensed under the laws of this state from rendering services within the scope of practice as set out in the statutes regulating their professional practices, so long as they do not represent themselves to be marriage and family therapists, or their services as marriage and family therapy. (5) Nothing in this part 5 prevents the practice of psychotherapy by persons registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703.

C.R.S. § 12-245-506 Continuing professional competency - rules - definition

12-245-506. Continuing professional competency - rules - definition. (1) (a) In accordance with section 12-245-504, the board issues a license to practice marriage and family therapy based on whether the applicant satisfies minimum educational and experience requirements that demonstrate professional competency to practice marriage and family therapy. After a license is issued to an applicant, the licensed marriage and family therapist shall maintain continuing professional competency to practice marriage and family therapy. (b) The board shall adopt rules establishing a continuing professional competency program that includes, at a minimum, the following elements: (I) A self-assessment of the knowledge and skills of a licensed marriage and family therapist seeking to renew or reinstate a license; (II) Development, execution, and documentation of a learning plan based on the assessment; and (III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession. Nothing in this subsection (1)(b)(III) shall require a licensed marriage and family therapist to retake any examination required pursuant to section 12-245-504 in connection with initial licensure. (c) The board shall establish that a licensed marriage and family therapist is deemed to satisfy the continuing competency requirements of this section if the licensed marriage and family therapist meets the continued professional competence requirements of one of the following entities: (I) A state department, including continued professional competence requirements imposed through a contractual arrangement with a provider; (II) An accrediting body recognized by the board; or (III) An entity approved by the board. (d) (I) After the program is established, a licensed marriage and family therapist shall satisfy the requirements of the program in order to renew or reinstate a license to practice marriage and family therapy in Colorado. (II) The requirements of this section apply to individual marriage and family therapists who are licensed pursuant to this part 5, and nothing in this section shall be construed to require a person who employs or contracts with a licensed marriage and family therapist to comply with the requirements of this section. (2) (a) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a licensed marriage and family therapist. The records or documents shall be used only by the board for purposes of determining whether a licensed marriage and family therapist is maintaining continuing professional competency to engage in the profession. (b) Subject to the requirements of subsection (2)(a) of this section, nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed marriage and family therapist. (3) As used in this section, "continuing professional competency" means the ongoing ability of a licensee to learn, integrate, and apply the knowledge, skill, and judgment to practice as a marriage and family therapist according to generally accepted industry standards and professional ethical standards in a designated role and setting.

C.R.S. § 12-245-601 Definitions

12-245-601. Definitions. As used in this part 6, unless the context otherwise requires: (1) "Board" means the state board of licensed professional counselor examiners, created in section 12-245-602. (1.5) "Clinical supervision" means supervision provided by a licensed professional counselor supervisor, licensed psychologist, licensed marriage and family therapist, licensed clinical social worker, or licensed addiction counselor; that is not administrative in nature; and that may include a collaborative relationship that promotes the education, growth, and development of a licensed professional counselor applicant and provides for the evaluation of the applicant's clinical performance and competency. (2) "Licensed professional counselor" means a professional counselor who practices professional counseling and who is licensed pursuant to this part 6. (2.5) "Licensed professional counselor supervisor" means a licensed professional counselor who has received education and training in the clinical supervision of mental health professionals as determined by the board. (3) "School or college" means any university or other institution of higher education offering a full-time graduate course of study in professional counseling approved by appropriate national organizations accrediting professional counselor education programs or a substantially equivalent program approved by the board.

C.R.S. § 12-245-602 State board of licensed professional counselor examiners - created - members - fines

12-245-602. State board of licensed professional counselor examiners - created - members - fines. (1) There is created the state board of licensed professional counselor examiners under the supervision and control of the division. The board is a type 1 entity, as defined in section 24-1-105, and consists of seven members who are residents of the state of Colorado. (2) (a) The members of the board shall be appointed by the governor as follows: (I) Three members of the general public who are not regulated under this article 245; and (II) Four licensed professional counselors. (b) The public members shall have never been a licensed professional counselor, an applicant or former applicant for licensure as a licensed professional counselor, a member of another mental health profession, or a member of a household that includes a licensed professional counselor or a member of another mental health profession or otherwise have conflicts of interest or the appearance of conflicts with his or her duties as a board member. (3) Each member shall hold office until the expiration of the member's appointed term or until a successor is duly appointed. Members shall serve terms of four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A member shall not serve more than two full consecutive terms. Any vacancy occurring in the board membership other than by the expiration of a term shall be filled by the governor by appointment for the unexpired term of the member. (4) The governor may remove any board member for misconduct, incompetence, or neglect of duty after giving the board member a written statement of the charges and an opportunity to be heard thereon. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three quarters of the total meetings in any calendar year. (5) Repealed.

C.R.S. § 12-245-603 Practice of licensed professional counseling defined

12-245-603. Practice of licensed professional counseling defined. (1) For purposes of this part 6, "practice of licensed professional counseling" means the application of mental health, psychological, or human development principles through cognitive, affective, behavioral, or systematic intervention strategies that address wellness, personal growth, or career development, as well as pathology. A licensed professional counselor may render the application of these principles to individuals, couples, families, or groups. (2) The practice of professional counseling may include: (a) Evaluation; (b) Assessment; (c) Testing; (d) Diagnosis; (e) Treatment or intervention; (f) Planning; (g) Consultation; (h) Case management; (i) Education; (j) Supervision; (k) Psychotherapy; (l) Research; (m) Referral; and (n) Crisis intervention. (3) The practice of professional counseling includes the clinical supervision by a licensed professional counselor of a person working toward certification as a certified addiction technician or a certified addiction specialist pursuant to section 12-245-804 (3.5), if the licensed professional counselor has met the education requirements for a licensed addiction counselor, or the equivalent, as specified in rules promulgated by the state board of human services pursuant to section 27-80-108 (1)(e.5) or 27-50-107 (3)(e)(II), as applicable.

C.R.S. § 12-245-604 Licensure - examination - licensed professional counselors - rules

12-245-604. Licensure - examination - licensed professional counselors - rules. (1) The board shall issue a license as a licensed professional counselor to each applicant who files an application in a form and manner required by the board, submits the fee required by the board pursuant to section 12-245-205, and furnishes evidence satisfactory to the board that the applicant: (a) Is at least twenty-one years of age; (b) Is not in violation of any provision of this article 245 or any rule adopted under this article 245; (c) Has completed a master's or doctoral degree in professional counseling from an accredited school or college or an equivalent program as determined by the board. The degree or program must include a practicum or internship in the principles and the practice of professional counseling. (d) (I) Has at least two years of post-master's practice or one year of postdoctoral practice in licensed professional counseling under clinical supervision; (II) Has at least two thousand hours of practice in counseling, including at least one thousand five hundred hours of face-to-face direct client contact, or practice pursuant to section 12-245-603, under clinical supervision that is in person or is telesupervision; and (III) For each one thousand hours of supervised practice in professional counseling, has received a minimum of fifty hours of supervision. A minimum of twenty-five of the fifty hours must be individual supervision, which may be in person or through telesupervision. The remaining twenty-five of the fifty hours of supervision earned may be either triadic supervision or group supervision with a maximum ratio of one supervisor to ten supervisees. No other modes of supervision will be accepted. (e) Demonstrates professional competence by passing an examination in professional counseling demonstrating special knowledge and skill in licensed professional counseling as prescribed by the board and a jurisprudence examination administered by the division. (1.5) A licensed addiction counselor who possesses a valid, unsuspended, and unrevoked license may provide clinical supervision of an individual working toward licensure as a licensed professional counselor if the licensed addiction counselor has met the education requirements for a licensed professional counselor, or the equivalent, as specified in rules promulgated by the state board of licensed professional counselor examiners created in section 12-245-602. (2) The examination by the board described in subsection (1)(e) of this section shall be given not less than twice per year at such time and place and under such supervision as the board may determine. (3) The board or its designated representatives shall administer and determine the pass or fail status of the examination and take any actions necessary to ensure impartiality. The board shall determine the passing score for the examination based upon a level of minimum competency to engage in the practice of licensed professional counseling. (4) (a) The board shall register as a licensed professional counselor candidate a person who: (I) Files an application for registration, accompanied by the fee as required by section 12-245-205; and (II) Submits evidence satisfactory to the board that the person meets the requirements of subsections (1)(a), (1)(b), and (1)(c) of this section and has passed a jurisprudence examination administered by the division. (III) Repealed. (b) A licensed professional counselor candidate who registers with the board pursuant to this subsection (4) is under the jurisdiction of the board and may, but is not required to, register with the database of unlicensed psychotherapists pursuant to section 12-245-703. a), (1)(b), and (1)(c) of this section and has passed a jurisprudence examination administered by the division. (III) Repealed. (b) A licensed professional counselor candidate who registers with the board pursuant to this subsection (4) is under the jurisdiction of the board and may, but is not required to, register with the database of unlicensed psychotherapists pursuant to section 12-245-703. (c) If a candidate does not meet the requirements of subsections (1)(d) and (1)(e) of this section within three years after initial registration, the candidate's registration is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202. Prior to a second or subsequent renewal of a candidate registration, the registered licensed professional counselor candidate shall complete continuing professional competency hours to maintain their registration as a registered licensed professional counselor candidate. (d) On or before December 31, 2024, the board shall begin the rule-making process to promulgate rules that bring the rules pertaining to licensed professional counselors into alignment with this part 6, including: (I) Allowance of a licensed professional counselor candidate to renew a licensed professional counselor candidate registration for four years if the candidate submits an application for renewal to the board before the expiration date of the current licensed professional counselor candidate registration; (II) The renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202; (III) Allowance of a person while in the final semester of a master's or doctoral degree in professional counseling from an accredited school, college, or equivalent program to practice in accordance with section 12-245-217 (2)(g) after the person's practicum and internship are completed; and (IV) The continuing professional competency requirements specified in subsection (4)(c) of this section. (5) (a) If an applicant has completed an equivalent program as determined by the board pursuant to subsection (1)(c) of this section, the board shall not place additional requirements, barriers, or burdens related to licensure or supervision on the applicant. (b) The board shall not give preference concerning licensure, supervision, or other requirements of this part 6 to an applicant who has completed a master's or doctoral degree in professional counseling from an accredited school or college pursuant to subsection (1)(c) of this section based upon the accrediting organization.

C.R.S. § 12-245-605 Rights and privileges of licensure - title

12-245-605. Rights and privileges of licensure - title. (1) Any person who possesses a valid, unsuspended, and unrevoked license as a licensed professional counselor has the right to use the title for which the person is licensed pursuant to section 12-245-604. A licensed professional counselor licensed pursuant to section 12-245-604 has the right to use the abbreviation "LPC". No other person shall assume this title or use this abbreviation on any work or letter, sign, figure, or device to indicate that the person using the same is a licensed professional counselor. (2) Any person duly licensed as a licensed professional counselor is not required to obtain any other license or certification to practice professional counseling unless otherwise required by the state board of licensed professional counselor examiners. (3) Nothing in this act shall be construed to prevent members of other professions licensed under the laws of this state from rendering services within the scope of practice as set out in the statutes regulating their professional practices, if they do not represent themselves to be professional counselors, or their services as professional counseling. (4) Nothing in this part 6 prevents the practice of psychotherapy by persons registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703.

C.R.S. § 12-245-606 Continuing professional competency - rules - definition

12-245-606. Continuing professional competency - rules - definition. (1) (a) In accordance with section 12-245-604, the board issues a license to practice professional counseling based on whether the applicant satisfies minimum educational and experience requirements that demonstrate professional competency to practice professional counseling. After a license is issued to an applicant, the licensed professional counselor shall maintain continuing professional competency to practice professional counseling. (b) The board shall adopt rules establishing a continuing professional competency program that includes, at a minimum, the following elements: (I) A self-assessment of the knowledge and skills of a licensed professional counselor seeking to renew or reinstate a license; (II) Development, execution, and documentation of a learning plan based on the assessment; and (III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession. Nothing in this subsection (1)(b)(III) shall require a licensed professional counselor to retake any examination required pursuant to section 12-245-604 in connection with initial licensure. (c) The board shall establish that a licensed professional counselor is deemed to satisfy the continuing competency requirements of this section if the licensed professional counselor meets the continued professional competence requirements of one of the following entities: (I) A state department, including continued professional competence requirements imposed through a contractual arrangement with a provider; (II) An accrediting body recognized by the board; or (III) An entity approved by the board. (d) (I) After the program is established, a licensed professional counselor shall satisfy the requirements of the program in order to renew or reinstate a license to practice professional counseling in Colorado. (II) The requirements of this section apply to individual professional counselors who are licensed pursuant to this part 6, and nothing in this section shall be construed to require a person who employs or contracts with a licensed professional counselor to comply with the requirements of this section. (2) (a) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a licensed professional counselor. The records or documents shall be used only by the board for purposes of determining whether a licensed professional counselor is maintaining continuing professional competency to engage in the profession. (b) Subject to the requirements of subsection (2)(a) of this section, nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed professional counselor. (3) As used in this section, "continuing professional competency" means the ongoing ability of a licensee to learn, integrate, and apply the knowledge, skill, and judgment to practice as a professional counselor according to generally accepted industry standards and professional ethical standards in a designated role and setting.

C.R.S. § 12-245-607 Interstate compact - powers and duties of the board - rules - definitions

12-245-607. Interstate compact - powers and duties of the board - rules - definitions. (1) As used in this section: (a) "Adverse action" has the meaning established in section 24-60-4302. (b) "Commission" means the counseling compact commission established in section 24-60-4302. (c) "Compact" means the interstate licensed professional counselors compact authorized in part 43 of article 60 of title 24. (d) "Data system" has the meaning established in section 24-60-4302. (e) "Investigative information" has the meaning established in section 24-60-4302. (f) "Member state" means a state that has enacted the compact. (g) "Privilege to practice" has the meaning established in section 24-60-4302. (h) "Telehealth" has the meaning established in section 24-60-4302 with regard to delivering professional counseling services. (2) In addition to any powers and duties specified in the compact for member states, the board has the following powers and duties with regard to the compact: (a) To facilitate Colorado's participation in the compact; (b) To comply with the rules of the commission; (c) To promulgate rules in accordance with article 4 of title 24 as necessary for the implementation, administration, and enforcement of the compact; (d) To appoint a person to serve as a delegate on and attend meetings of the commission in accordance with the terms of the compact; (e) To regulate telehealth in accordance with the compact; (f) To notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of investigative information regarding a licensed professional counselor; (g) To require an applicant for a privilege to practice under the compact to have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant is required to submit payment for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of the fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the record check to the board. The board shall use the information resulting from the record check to investigate and determine whether an applicant is qualified to hold a privilege to practice pursuant to the compact. The board may verify the information an applicant is required to submit. The results of the record check are confidential. The board shall not release the results of the record check to the public, the commission, a member state, or other state licensing boards. (h) To grant the privilege to practice to a licensee of a member state of the compact in accordance with the terms of the compact and to charge a fee to individuals applying for the privilege to practice; (i) To participate fully in the data system consistent with the compact requirements and the rules of the commission; and (j) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.

C.R.S. § 12-245-701 Definitions

12-245-701. Definitions. As used in this part 7, unless the context otherwise requires: (1) "Board" means the state board of unlicensed psychotherapists created by section 12-245-702.

C.R.S. § 12-245-702 State board of unlicensed psychotherapists - creation - membership

12-245-702. State board of unlicensed psychotherapists - creation - membership. (1) There is created the state board of unlicensed psychotherapists, which is under the supervision and control of the division as provided in section 12-20-103 (2). The board is a type 1 entity, as defined in section 24-1-105, and consists of seven members who are residents of the state of Colorado. (2) Two members of the board shall be appointed by the governor from the general public who are not regulated by this article 245 with a good faith effort to achieve broad-based geographical representation. The members are eligible to serve terms of four years. A member must not have any direct involvement or interest in the provision of psychotherapy; except that a member may be or may have been a consumer of psychotherapy services. (2.5) The governor shall appoint one member who is a regulated psychotherapist to the board. The member is eligible to serve terms as described in subsections (3) and (4) of this section. (3) Four members of the board must be unlicensed psychotherapists. The governor shall appoint members to the board to serve terms of four years. (4) Members of the state board of unlicensed psychotherapists appointed under subsection (2) or (3) of this section may serve two full consecutive terms. (5) (a) Each member is eligible to hold office until the expiration of his or her appointed term or until a successor is duly appointed. When the term of each board member expires, the governor shall appoint his or her successor for a term of four years. Any vacancy occurring in the board membership other than by the expiration of a term shall be filled by the governor by appointment for the unexpired term of the member. (b) Repealed. (c) The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three-quarters of the board's meetings in any one calendar year. (6) A majority of the board shall constitute a quorum for the transaction of all business.

C.R.S. § 12-245-703 Database of unlicensed psychotherapists - unauthorized practice - penalties - data collection - rules

12-245-703. Database of unlicensed psychotherapists - unauthorized practice - penalties - data collection - rules. (1) The board shall maintain a database of all unlicensed psychotherapists. The board shall charge a fee in the same manner as authorized in section 12-20-105 for recording information in the database as required by this section. Information in the database maintained pursuant to this section is open to public inspection at all times. (2) Repealed. (3) (a) Before July 14, 2020, a person not otherwise licensed, registered, or certified pursuant to this article 245 who is practicing psychotherapy in this state shall register with the board by submitting the person's name, current address, educational qualifications, disclosure statements, therapeutic orientation or methodology, or both, and years of experience in each specialty area. Upon receipt and review of the required information, the board may approve the psychotherapist for registration in the database required by subsection (1) of this section. An unlicensed psychotherapist shall update this information upon renewal of the practitioner's registration and at other times and under conditions specified by the board by rule. At the time of recording the information required by this section, the unlicensed psychotherapist shall indicate whether the unlicensed psychotherapist has been convicted of, or entered a plea of guilty or nolo contendere to, any felony or misdemeanor. (b) A person registered as an unlicensed psychotherapist pursuant to this part 7 before July 14, 2020, and who meets the requirements of this section may renew his or her registration and continue to practice as an unlicensed psychotherapist. (4) An unlicensed person whose primary practice is psychotherapy or who holds himself or herself out to the public as able to practice psychotherapy for compensation shall not practice psychotherapy unless the person is registered with the board and included in the database required by this section. Notwithstanding the requirements of this section, an unlicensed psychotherapist shall not use the term "licensed", "certified", "clinical", "state-approved", or any other term or abbreviation that would falsely give the impression that the psychotherapist or the service that is being provided is recommended by the state, based solely on inclusion in the database. (5) The board shall not register a person pursuant to this section unless the person has successfully completed a jurisprudence examination developed and approved by the division. (6) Any unlicensed person who practices psychotherapy without first complying with the registration requirements of this section is subject to penalties pursuant to section 12-20-407 (1)(a).

C.R.S. § 12-245-704 Expenses of the board

12-245-704. Expenses of the board. All reasonable expenses of the board shall be paid as determined by the director from the fees collected pursuant to section 12-245-205 as provided by law.

C.R.S. § 12-245-705 Jurisdiction

12-245-705. Jurisdiction. If the licensee, registrant, or certificate holder is regulated by more than one board, the investigation or case being adjudicated shall be referred to the board determined appropriate by the director for final adjudication.

C.R.S. § 12-245-801 Definitions

12-245-801. Definitions. As used in this part 8, unless the context otherwise requires: (1) "Addiction" means a persistent, compulsive dependence on a behavior or substance, including mood-altering behaviors or activities known as process addictions. (2) "Administrative supervision" means oversight of treatment agency operations, organization of people and resources, and implementation of policies and procedures in a way that directs activities towards agency goals and objectives. (3) "Approved school, college, or university" means any accredited institution of higher education offering a full-time graduate or undergraduate course of study in behavioral health sciences, such as addiction counseling, human services, psychology, rehabilitation, social work, or other behavioral health sciences, that is recognized by an appropriate national organization or is approved by the board. (4) "Behavioral health disorders" includes behavioral, mental health, and substance use disorders. (5) "Board" means the state board of addiction counselor examiners created in section 12-245-802. (6) "Certified" means certified as an addiction technician or addiction specialist. (7) "Certified addiction counselor" means an individual who has a certificate issued by the board authorizing the individual to practice addiction counseling commensurate with his or her certification level and scope of practice. (8) "Clinical supervision" means: (a) The evaluation and modification or approval by a supervisor of the clinical practice of the person being supervised; and (b) A source of knowledge, expertise, and more advanced skills made available to the person being supervised. (9) "Co-occurring disorders" means the existence of one or more substance use disorders, addictive behavioral disorders, or behavioral or mental health disorders presenting concurrently. At the individual level, co-occurring disorders exist when at least one disorder can be established independent of the other, and the disorders are not simply a cluster of symptoms resulting from a single disorder. (10) "Licensed addiction counselor" means a person licensed by the board to provide professional behavioral health disorder treatment.

C.R.S. § 12-245-802 State board of addiction counselor examiners - created - members - terms

12-245-802. State board of addiction counselor examiners - created - members - terms. (1) There is created a state board of addiction counselor examiners under the supervision and control of the division. The state board of addiction counselor examiners is a type 1 entity, as defined in section 24-1-105. Once the governor appoints the board members and the board adopts necessary rules, the board is responsible for regulating addiction counselors pursuant to this part 8 and this article 245. (2) The board consists of seven members who are residents of the state of Colorado. The governor shall appoint the members of the board as follows: (a) (I) Four board members must be licensed or certified addiction counselors, and except as provided in subsection (2)(a)(II) of this section, at least two of these four members must be engaged in the direct practice of addiction counseling. The four board members appointed pursuant to this subsection (2)(a) must include at least one licensed addiction counselor and at least one certified addiction counselor. (II) If, after a good-faith attempt, the governor determines that a licensed or certified addiction counselor who is engaged in the direct practice of addiction counseling is not available to serve on the board for a particular term, the governor may appoint a licensed or certified addiction counselor who is not engaged in the direct practice of addiction counseling to serve on the board pursuant to this subsection (2)(a). (b) Three board members must be representatives of the general public, one of whom may be an addiction counseling consumer or family member of an addiction counseling consumer. These individuals must have never been addiction counselors, applicants, or former applicants for licensure or certification as an addiction counselor, members of another mental health profession, members of households that include addiction counselors or any other mental health professional, or otherwise have conflicts of interest or the appearance of a conflict with their duties as board members. (3) Each board member shall hold office until the expiration of the member's appointed term or until a successor is duly appointed. The term of each member is four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A board member shall not serve more than two full consecutive terms. The governor shall fill a vacancy occurring in board membership, other than by expiration of a term, by appointment for the unexpired term of the member. (4) The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty include the failure of board members to attend three consecutive meetings or at least three-fourths of the total meetings in any calendar year.

C.R.S. § 12-245-803 Practice of addiction counseling defined - scope of practice

12-245-803. Practice of addiction counseling defined - scope of practice. (1) For the purposes of this part 8, "addiction counseling" means the application of general counseling theories and treatment methods adapted specifically for working with addictive and other behavioral health disorders. Addiction counselors work in a broad variety of disciplines but share an understanding of the addictive process. An addiction counselor identifies a variety of helping strategies that can be tailored to meet the needs of the client. Addiction counseling relies on the use of evidence-based practices that have been shown to be effective in treating addictive disorders. (2) The scope of practice of addiction counseling focuses on the following four transdisciplinary foundations that underlie the work of all addiction counselors: (a) Understanding addiction: Includes knowledge of models and theories of addiction, including alcohol and substance use disorders; recognition of social, political, economic, and cultural contexts within which addiction exists; understanding the behavioral, psychological, physical health, and social effects of using addictive substances or engaging in addictive behaviors; and recognizing and understanding co-occurring disorders. (b) Treatment knowledge: Includes the philosophies, practices, policies, and outcomes of the most generally accepted and scientifically supported models, along with research and outcome data, of treatment, recovery, relapse prevention, and continuing care for addictive disorders, including alcohol and substance use disorders. Treatment knowledge includes the ability to work effectively with families, significant others, social networks, and community systems in the treatment process and understanding the value of a multidisciplinary approach to treatment of addictive disorders, including alcohol and substance use disorders. (c) Application to practice: Includes the ability to properly diagnose behavioral health disorders using appropriate assessment and testing instruments and placement criteria; stabilization to reduce negative effects of problematic behaviors; developing helping strategies and treatment levels of care based on the client's stage of readiness for change; cultural competency; and familiarity with medical and pharmacological resources for treatment. (d) Professional readiness: Includes an understanding of diverse cultures; cultivation of a high level of self-awareness; ability to use critical thinking skills; adherence to ethical standards of conduct; ongoing use of clinical supervision and consultation; crisis management; and knowledge of the importance of prevention and recovery management. (3) The primary practice dimensions of addiction counseling include the following competencies, as appropriate based on the level of certification or licensure and scope of practice: (a) Clinical evaluation, including screening and assessment; (b) Clinical intake, discharge, discharge planning, and referral; (c) Treatment planning; (d) Service coordination, including client advocacy, continuing care planning, and collaboration with other behavioral health professionals; (e) Counseling of individuals, groups, families, couples, and significant others; (f) Recovery management; (g) Case management; (h) Client, family, and community education; (i) Documentation required for a clinical record; (j) Professional and ethical practices; (k) Clinical supervision; and nt advocacy, continuing care planning, and collaboration with other behavioral health professionals; (e) Counseling of individuals, groups, families, couples, and significant others; (f) Recovery management; (g) Case management; (h) Client, family, and community education; (i) Documentation required for a clinical record; (j) Professional and ethical practices; (k) Clinical supervision; and (l) Intervention. (4) Scope of practice - licensed addiction counselors. Based on education, training, knowledge, and experience, the scope of practice of a licensed addiction counselor includes behavioral health counseling and may include the treatment of substance use disorders, addictive behavioral disorders, and co-occurring mental health disorders, including clinical evaluation and diagnosis, treatment planning, service coordination, case management, clinical documentation, professional and ethical responsibilities, education and psychotherapy with clients, family, and community, clinical supervisory responsibilities, and intervention. (5) The practice of addiction counseling includes clinical supervision by a licensed addiction counselor of a person working toward licensure as a marriage and family therapist, pursuant to section 12-245-504 (1), or a licensed professional counselor, pursuant to section 12-245-604 (1), if the licensed addiction counselor has met the education requirements for a licensed marriage and family therapist or licensed professional counselor, or the equivalent, as specified in rules promulgated by the state board of marriage and family therapist examiners created in section 12-245-502 or the state board of licensed professional counselor examiners created in section 12-245-602, as applicable.

C.R.S. § 12-245-804 Requirements for licensure, certification, and registration - rules

12-245-804. Requirements for licensure, certification, and registration - rules. (1) The board shall issue a license as an addiction counselor to an applicant who files an application in the form and manner required by the board, submits the fee required by the board pursuant to section 12-245-205, and submits evidence satisfactory to the board that the applicant: (a) Is at least twenty-one years of age; (b) Is not in violation of any provision of this article 245 or any rules promulgated by the board; (c) Has completed a master's or doctoral degree in the behavioral health sciences from an accredited school, college, or university or an equivalent program as determined by the board; (d) Demonstrates professional competence by: (I) Passing the master addiction counselor examination administered by the National Association for Alcoholism and Drug Abuse Counselors, or an equivalent examination administered by a successor organization; and (II) Passing a jurisprudence examination administered by the division; (e) Has met the education requirements specified in the rules promulgated by the state board of human services in the department of human services pursuant to section 27-80-108 (1)(e.5); (f) Has completed the number of clock hours of addiction-specific training, as specified by the board by rule, including training in evidence-based treatment approaches, clinical supervision, ethics, and co-occurring disorders; and (g) Has completed at least two thousand direct clinical hours of clinically supervised work experience in the addiction field. The clinical supervision may be in person or telesupervision. (1.5) Repealed. (2) The board shall issue a certification as an addiction counselor to an applicant who files an application in the form and manner required by the board, submits the fee required by the board pursuant to section 12-245-205, and submits evidence satisfactory to the board that the applicant: (a) Is at least eighteen years of age; (b) Is not in violation of any provision of this article 245 or any rules promulgated by the board or by the state board of human services in the department of human services pursuant to section 27-80-108 (1)(e); (c) Has met the requirements for certification as a certified addiction technician or a certified addiction specialist as specified in rules adopted pursuant to subsection (3) of this section and as specified in subsection (3.5) of this section. (3) The state board of addiction counselor examiners shall promulgate rules for certification of addiction counselors; except that the state board of human services in the department of human services shall establish by rule education requirements for licensure and certification in accordance with section 27-80-108 (1)(e) and (1)(e.5). (3.5) In the rules promulgated pursuant to subsection (3) of this section, the board shall require that: (a) A certified addiction technician have: (I) A high school diploma or its equivalent; (II) Accrued a minimum of one thousand hours of supervised clinical experience hours over a minimum of six months, which includes hours accrued prior to the application for certification so long as the supervised clinical experience hours meet any additional criteria as defined by the board; (III) Passed a jurisprudence examination as determined by the board; and (IV) Passed the national certification addiction counselor level I examination administered by the National Association for Alcoholism and Drug Abuse Counselors, or an equivalent examination administered by a successor organization; e supervised clinical experience hours meet any additional criteria as defined by the board; (III) Passed a jurisprudence examination as determined by the board; and (IV) Passed the national certification addiction counselor level I examination administered by the National Association for Alcoholism and Drug Abuse Counselors, or an equivalent examination administered by a successor organization; (b) A certified addiction specialist have: (I) A bachelor's degree in a behavioral health concentration or human services equivalent; (II) Accrued a minimum of three thousand hours of supervised clinic work hours over a minimum of eighteen months, which may include the one thousand hours required to be accrued for certification as a certified addiction technician; (III) Passed a jurisprudence examination as determined by the board; and (IV) Passed the national certification addiction counselor level II examination administered by the National Association for Alcoholism and Drug Abuse Counselors, or an equivalent examination administered by a successor organization. (3.7) (a) The board shall register as an addiction counselor candidate a person who files an application for registration, accompanied by the fee required by section 12-245-205, who is not in violation of any provision of this article 245 or any rules promulgated by the board, and who: (I) Submits evidence satisfactory to the board that the person has met the requirements of subsections (1)(a), (1)(b), and (1)(c) of this section. (II) (Deleted by amendment, L. 2024.) (b) An addiction counselor candidate registered pursuant to this subsection (3.7) is under the jurisdiction of the board. If the requirements of subsections (1)(d) to (1)(g) of this section are not met within three years after the date of registration as a candidate or within one year if the candidate holds an equivalent credential from another state, the registration of the addiction counselor candidate is subject to the renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202. Prior to a second or subsequent renewal of an addiction counselor candidate registration, the registered addiction counselor candidate shall complete continuing professional competency hours to maintain the registered addiction counselor's registration as a registered addiction counselor candidate. (c) On or before December 31, 2024, the board shall begin the rule-making process to promulgate rules that bring the rules pertaining to addiction counselors into alignment with this part 8, including: (I) A requirement to take and pass the Colorado jurisprudence examination to obtain an addiction counselor candidate registration; (II) The renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202; and (III) The continuing professional competency requirements specified in subsection (3.7)(b) of this section. (4) Nothing in this part 8 prevents members of other professions licensed under the laws of this state from rendering services within their scope of practice as set forth in the statutes regulating their professional practices so long as they do not represent themselves to be certified or licensed addiction counselors.

C.R.S. § 12-245-805 Rights and privileges of certification and licensure - titles - clinical supervision

12-245-805. Rights and privileges of certification and licensure - titles - clinical supervision. (1) Any person who possesses a valid, unsuspended, and unrevoked certificate as a certified addiction technician or certified addiction specialist has the right to practice addiction counseling under supervision or consultation as required by the rules of the state board of human services in the department of human services; a certified addiction specialist may supervise addiction counseling practice and may use the title "certified addiction counselor" and the abbreviations "CAC" or "CAS"; and a certified addiction technician may use the title "certified addiction counselor" and the abbreviations "CAC" or "CAT". No other person shall assume these titles or use these abbreviations on any work or media to indicate that the person using the title or abbreviation is a certified addiction counselor. (2) Any person who possesses a valid, unsuspended, and unrevoked license as an addiction counselor has the right to practice addiction counseling and to use the title "licensed addiction counselor" or the abbreviation "LAC". No other person shall assume these titles or use these abbreviations on any work or media to indicate that the person using the title or abbreviation is a licensed addiction counselor. (2.5) (a) Any person who possesses a valid, unsuspended, and unrevoked certificate as a certified addiction specialist may provide clinical supervision for certification purposes to a person working toward certification as a certified addiction technician or a certified addiction specialist. (b) Any person who possesses a valid, unsuspended, and unrevoked license as an addiction counselor may provide clinical supervision for licensure or certification purposes to persons working toward licensure as a licensed addiction counselor, certification as an addiction specialist or technician, or other credential as authorized by this article 245 or by rule of the board. (c) Notwithstanding any provision of this title 12 to the contrary, a licensed clinical social worker, pursuant to section 12-245-403 (5), a licensed marriage and family therapist, pursuant to section 12-245-503 (5), or a licensed professional counselor, pursuant to section 12-245-603 (3), who possesses a valid, unsuspended, and unrevoked license may provide clinical supervision of an individual working toward certification as a certified addiction technician or certified addiction specialist if the licensed clinical social worker, licensed marriage and family therapist, or licensed professional counselor has met the education requirements for a licensed addiction counselor, or the equivalent, as specified in rules promulgated by the state board of human services pursuant to section 27-80-108 (1)(e.5) or 27-50-107 (3)(e)(II), as applicable. (3) (a) The practice of a certified addiction technician may include: (I) Collection of biopsychosocial screening data; (II) Service coordination and case management; (III) Monitoring compliance with case management plans; (IV) Skill-based education; (V) Facilitating psychoeducation and therapy groups with appropriate training and clinical supervision and within a treatment or health facility licensed pursuant to section 25-1.5-103; (VI) Client, family, and community addiction education; and (VII) Referral and discharge resourcing and planning. (b) The practice of a certified addiction specialist may include: (I) Treating substance use and co-occurring disorders; (II) Clinical assessments including diagnostic impression; (III) Treatment planning; (IV) Referral and discharge planning; (V) Service coordination and case management; (VI) Addiction counseling for individuals, families, and groups; and (VII) Client, family, and community education and psychoeducation.

C.R.S. § 12-245-806 Continuing professional competency - rules - definition

12-245-806. Continuing professional competency - rules - definition. (1) (a) In accordance with sections 12-245-803 and 12-245-804, the board issues a license or certificate to practice addiction counseling based on whether the applicant satisfies minimum educational and experience requirements that demonstrate professional competency to practice addiction counseling. After a license or a certificate is issued to an applicant, the licensed or certified addiction counselor shall maintain continuing professional competency to practice addiction counseling. (b) The board, in consultation with stakeholders, shall adopt rules on or before March 1, 2022, establishing a continuing professional competency program that includes, at a minimum, the following elements: (I) A self-assessment of the knowledge and skills of a licensed or certified addiction counselor seeking to renew or reinstate a license; (II) Development, execution, and documentation of a learning plan based on the assessment; and (III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession. Nothing in this subsection (1)(b)(III) requires a licensed or certified addiction counselor to retake any examination required pursuant to section 12-245-804 in connection with initial licensure or certification. (c) A licensed or certified addiction counselor satisfies the continuing competency requirements of this section if the licensed or certified addiction counselor meets the continued professional competence requirements of one of the following entities: (I) A state department, including continued professional competence requirements imposed through a contractual arrangement with a provider; (II) An accrediting body recognized by the board; or (III) An entity approved by the board. (d) (I) After the program is established, a licensed or certified addiction counselor shall satisfy the requirements of the program in order to renew or reinstate a license or certificate to practice addiction counseling in Colorado. (II) The requirements of this section apply to individual addiction counselors who are licensed or certified pursuant to this part 8, and nothing in this section shall be construed to require a person who employs or contracts with a licensed or certified addiction counselor to comply with the requirements of this section. (2) (a) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a licensed or certified addiction counselor. The records or documents shall be used only by the board for purposes of determining whether a licensed or certified addiction counselor is maintaining continuing professional competency to engage in the profession. (b) Subject to the requirements of subsection (2)(a) of this section, nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed or certified addiction counselor. (3) As used in this section, "continuing professional competency" means the ongoing ability of a licensed or certified addiction counselor to learn, integrate, and apply the knowledge, skill, and judgment to practice as an addiction counselor according to generally accepted industry standards and professional ethical standards in a designated role and setting.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-12.docxFetched: 10/6/2026