Colorado State Board Of Marriage And Family Therapist Rules And Regulations

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PURPOSE AND SCOPE

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These Rules were promulgated in order to carry out the powers and duties of the Board of State Board Of Marriage and Family Therapist Examiners pursuant to C.R.S. §§12-43-203 and 12-43-502. These Rules affect every person seeking Colorado licensure as a marriage and family therapist, and every person who practices as a licensed marriage and family therapist in the State of Colorado, and who is not statutorily exempted.

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RULE 1 -- DEFINITIONS

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In addition to the definitions set out in C.R.S. §§ 12-43-201 and 12-43-501, unless the context requires otherwise, as used in these Rules:

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RULE 1 -- DEFINITIONS

(a)

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The “Board” means the State Board of Marriage and Family Therapist Examiners established pursuant to C.R.S. § 12-43-302.

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RULE 1 -- DEFINITIONS

(b)

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"Director" means the Board's Program Director and staff.

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RULE 1 -- DEFINITIONS

(c)

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"Employment counseling" means professional activities that are provided on a short-term basis and that are intended to assist individuals with locating, applying for, interviewing, or otherwise successfully securing paid employment.

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RULE 1 -- DEFINITIONS

(d)

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“License in good standing” means a license that is not restricted in any fashion.

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RULE 1 -- DEFINITIONS

(e)

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“Licensee” as contemplated under C.R.S. § 12-43-223(1)(b) shall include any person who has been licensed at any time, as a licensed marriage and family therapist or marriage and family therapist candidate under the Mental Health Practice Act, pursuant to C.R.S. §12-43-301, et seq.

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RULE 1 -- DEFINITIONS

(f)

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"Rehabilitation counseling" means professional activities that are intended to assist a person with a physical handicap, defect, or injury as defined in C.R.S. § 26-8-105(2)(a), (b), or (c) to learn or to relearn to perform routine daily functions including, but not limited to, eating, dressing, transportation, or employment.

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RULE 2 -- PUBLIC PARTICIPATION AT BOARD MEETINGS (C.R.S. §§ 12-43-203, 12-43-221)

(a)

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The Board may provide a person a reasonable opportunity to address the Board at an open meeting if the request is made prior to the meeting in accordance with this Rule and, in the Board's sole discretion, the granting of the request will not result in delay or disruption of the Board's meeting.

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RULE 2 -- PUBLIC PARTICIPATION AT BOARD MEETINGS (C.R.S. §§ 12-43-203, 12-43-221)

(b)

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Except in unusual circumstances and in the Board's sole discretion, the Board will rely exclusively on written materials during its initial consideration of inquiries, and the Board shall not permit members of the public to address the Board on pending disciplinary proceedings or cases.

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RULE 2 -- PUBLIC PARTICIPATION AT BOARD MEETINGS (C.R.S. §§ 12-43-203, 12-43-221)

(c)

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The Board Chair may impose reasonable limitations on the time allotted for comments made pursuant to this Rule.

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RULE 3 -- CONFIDENTIALITY OF PROCEEDINGS AND RECORDS OF THE BOARD (C.R.S. §§ 12-43-218, 12-43-221, 12-43-224)

(a)

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General. Inquiries, complaints, investigations, hearings, meetings, or any other proceedings of the Board relating to disciplinary proceedings shall not be open to public inspection until the Board meets for its initial consideration of the inquiry that gave rise to the proceedings. The initial consideration of the inquiry and all further proceedings shall be open and the records available for inspection unless subsection (b) of this Rule, or the Public Records Act or an exception to the Open Meetings Act applies or C.R.S. §12-43-224(4) prohibits disclosure.

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RULE 3 -- CONFIDENTIALITY OF PROCEEDINGS AND RECORDS OF THE BOARD (C.R.S. §§ 12-43-218, 12-43-221, 12-43-224)

(b)

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Subpoenaed Information. Information subpoenaed by the Board shall remain confidential and not be open to public inspection until the Board has reviewed the information and made a determination whether the information should remain confidential. Information which is not determined to be confidential shall be open to public inspection unless an exception to subsection (a), an exception to the Public Records Act or the Open Meetings Act applies. This exception shall not apply to review of information by a respondent in a Board investigation.

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RULE 4 DECLARATORY ORDERS (C.R.S. § 24-4-105(11))

(a)

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Any person may petition the Board for a declaratory order to terminate a controversy or to remove uncertainty as to the applicability to the petitioner of any statutory provision or of any Board Rule or Order.

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RULE 4 DECLARATORY ORDERS (C.R.S. § 24-4-105(11))

(b)

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A petition filed pursuant to this Rule shall set forth the following:
(1) The name and address of the petitioner and whether the petitioner is a Licensee.
(2) The statute, rule, or order to which the petition relates.
(3) A concise statement of all facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner.

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RULE 4 DECLARATORY ORDERS (C.R.S. § 24-4-105(11))

(c)

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The Board will determine, in its discretion and without notice to petitioner, whether to rule upon a petition. In determining whether to rule upon a petition, the Board will consider the following matters, among others:
(1) Whether a ruling on the petition will terminate a controversy or remove uncertainty as to the applicability to petitioner of any statutory provision or Board Rule or Order.
(2) Whether the petition involves any subject, question, or issue that is the subject of a formal or informal matter, proceeding, or investigation involving the petitioner and currently pending before the Board, any other agency, or a court.
(3) Whether the petition involves any subject, question, or issue that is the subject of a formal or informal matter, proceeding, or investigation currently pending before the Board, any other agency, or a court, but not involving the petitioner.
(4) Whether the petition seeks a ruling on a moot or hypothetical question or will...

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RULE 4 DECLARATORY ORDERS (C.R.S. § 24-4-105(11))

(c continued)

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...result in an advisory ruling or opinion.
(5) Whether the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to Rule 57, Colorado Rules of Civil Procedures, that will terminate the controversy or remove any uncertainty as to the applicability to the petitioner of the statute, rule, or order in question.

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RULE 4 DECLARATORY ORDERS (C.R.S. § 24-4-105(11))

(d)

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If the Board determines, in its discretion, that it will not rule on the petition pursuant to this Rule, the Board shall promptly notify the petitioner of its action and state the reasons for such action.

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RULE 4 DECLARATORY ORDERS (C.R.S. § 24-4-105(11))

(e)

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If the Board determines, in its discretion, that it will rule on the petition, any ruling of the Board will apply only to the facts presented in the petition and any amendment to the petition. If the Board rules upon the petition without a hearing, it shall notify the petitioner of its decision within 120 days.

In ruling on the petition, at its discretion the Board may take one or more of the following actions:
(1) The Board may dispose of the petition on the basis of the matters set out in the petition.
(2) The Board may request the petitioner to submit additional facts, in writing. In this event, the additional facts amend the petition.
(3) The Board may order the petitioner to file a written brief, memorandum, or statement of position.
(4) The Board may set the petition for hearing, upon due notice to petitioner, to obtain additional facts or information; to determine the truth of any facts set forth in the petition; or to hear oral argument on the...

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RULE 4 DECLARATORY ORDERS (C.R.S. § 24-4-105(11))

(e continued)

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...petition. The notice to the petitioner setting the hearing shall state, to the extent known, the factual or other matters into which the Board intends to inquire. For the purpose of the hearing, to the extent necessary, the petitioner shall have the burden of proving all facts stated in the petition; all facts necessary to show the nature of the controversy or uncertainty the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner; and any other facts the petitioner desires the Board to consider.

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RULE 4 DECLARATORY ORDERS (C.R.S. § 24-4-105(11))

(f)

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If the Board determines that the petition addresses a matter within the purview of any other agency, the Board shall refer the petition to the other agency for consideration. If the Board refers a petition to another agency, the Board shall promptly inform

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RULE 4 DECLARATORY ORDERS (C.R.S. § 24-4-105(11))

(g)

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The parties to any proceeding pursuant to this Rule shall be the Board and the petitioner. Any other person may seek leave of the Board to intervene in such a proceeding. A petition to intervene shall set forth the matters required by subsection (b) of this Rule. Based on the information presented and in its discretion, the Board may grant leave to intervene. Any reference to "petitioner" in this Rule includes any person who has been granted leave to intervene by the Board.

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RULE 4 DECLARATORY ORDERS (C.R.S. § 24-4-105(11))

(h)

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Any declaratory order or other order disposing of a petition pursuant to this Rule shall constitute final agency action subject to judicial review pursuant to C.R.S. § 24-4-106.

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RULE 5 -- MANDATORY DISCLOSURE STATEMENT (C.R.S. §§ 12-43-214, 12-43-222(1)(p))

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As used in C.R.S. § 12-43-214 and this Rule,
(1) If the recipient of psychotherapy services is an adult for whom a guardian or legal representative has been appointed by a court of competent jurisdiction (irrespective of an appeal of the order) because the adult is an "incapacitated person" within the meaning of C.R.S. § 15-14-101(1), the mandatory disclosure is made to the guardian or legal representative.
(2) Emergency" means those situations in which, on presentation, the client's condition requires immediate intervention and/or stabilization.

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RULE 6 -- INFORMATION REQUIRED TO BE REPORTED TO THE BOARD (C.R.S. §12-43-224)

(a)

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General. Marriage and family therapists are required to report violations of C.R.S. § 12-43-222 and/or C.R.S. § 12-43-226 to the appropriate Board once they have direct knowledge that a Licensee as defined by C.R.S. § 12-43-201(6), certified addiction counselor, or registered psychotherapist has violated a provision of C.R.S. § 12-43-222. Marriage and family therapists are not required to report when reporting would violate client/therapist confidentiality (refer to C.R.S. § 12-43-218).

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RULE 6 -- INFORMATION REQUIRED TO BE REPORTED TO THE BOARD (C.R.S. §12-43-224)

(b)

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Terms.
(1) Direct knowledge includes, but is not limited to the following:
(A) Having seen, heard, or participated in the alleged violation;
(B) Having been informed by the client/victim and obtained informed consent to release information as to the event or the client's name;
(C) Having been informed of a violation by the violator;
(D) Having been informed by a guardian of a minor or adult and obtained informed consent from the guardian to release information; or
(E) Having been informed by a professional organization, agency, or any other entity, that an alleged violation occurred.

(2) “Has violated” means a reasonable belief that a licensed marriage and family therapist has engaged in a prohibited activity under C.R.S. § 12-43-222 or unauthorized practice as prohibited under C.R.S. § 12-43-226.

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RULE 6 -- INFORMATION REQUIRED TO BE REPORTED TO THE BOARD (C.R.S. §12-43-224)

(c)

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Procedures.

(1) Once direct knowledge is established, the licensed marriage and family therapist must report the alleged violation as soon as possible or, absent unusual circumstances, no later than sixty (60) days.

(2) When direct knowledge of a violation of C.R.S. § 12-43-222 or C.R.S. § 12-43-226 is obtained from her/his client, the licensed marriage and family therapist shall:
(A) Inform the client a violation may have occurred;
(B) Encourage the client to report the violation; and
(C) Obtain the client's informed consent before reporting the alleged violation.

(3) The report shall be in writing and shall include the specifics of the violation, to the degree known, and any and all relevant information and supporting documentation.

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RULE 6 -- INFORMATION REQUIRED TO BE REPORTED TO THE BOARD (C.R.S. §12-43-224)

(d)

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Nothing in this Rule relieves any mental health professional from adhering to any other mandatory reporting requirements required by statute.

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RULE 7 -- SUPERVISION OF MENTAL HEALTH PRACTITIONERS FOR NONLICENSURE PURPOSES AND SUPERVISORY RELATIONSHIPS (C.R.S. §§ 12-43-221(2), 12-43-222(1)(n))

(a)

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General.
Supervision provides a source of knowledge, expertise, and more advanced skills to the person being supervised. The nature of this relationship depends on the respective skills of the two professionals involved, the client population and/or the specific client being served. It is usually ongoing, required, and hierarchical in nature. This Rule does not apply to the supervision required prior to persons seeking licensure as a licensed marriage and family therapist.

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RULE 7 -- SUPERVISION OF MENTAL HEALTH PRACTITIONERS FOR NONLICENSURE PURPOSES AND SUPERVISORY RELATIONSHIPS (C.R.S. §§ 12-43-221(2), 12-43-222(1)(n))

(b)

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Terms.

(1) Clinical supervision occurs when there is close, ongoing review and direction of a supervisee's clinical practice.

(2) Consultation describes a voluntary relationship between professionals of relative equal expertise or status wherein the consultant offers her/his best advice or information on an individual case or problem for use by the consultee as s/he deems appropriate in her/his professional judgment.

(3) Administrative supervisor is the person who bears responsibility for the non-clinical functioning of an employee, such as performance appraisals, personnel decisions, etc. The administrative supervisor may be held accountable for misconduct by a licensed marriage and family therapist when s/he knew or should have known of a violation of generally accepted standards of practice or any prohibited activity and when s/he had responsibility for corrective administrative action and failed to act.

(4) Modes of Supervision. Includes but not be limited to...

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RULE 7 -- SUPERVISION OF MENTAL HEALTH PRACTITIONERS FOR NONLICENSURE PURPOSES AND SUPERVISORY RELATIONSHIPS (C.R.S. §§ 12-43-221(2), 12-43-222(1)(n))

(b continued)

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...individual, group, telephone, electronic mail, audio-visual, process recording, direct observation, telecommunication (teleconferencing, fax, videotapes), and hospital rounds. The appropriate modality of supervision shall be determined by the training, education, and experience of the supervisee, and the treatment setting (i.e. urban/rural, or the availability of resources and at all times based on community standards and client needs). The level of supervision provided, including whether every case is directly supervised and whether the supervisor meets with the client, is determined by the education, training, and experience of the supervisee, the specific needs of the clients being served, and the professional judgment of the supervisor. Nothing in this Rule should be assumed to abridge the rights of the client to a reasonable standard of care.

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RULE 7 -- SUPERVISION OF MENTAL HEALTH PRACTITIONERS FOR NONLICENSURE PURPOSES AND SUPERVISORY RELATIONSHIPS (C.R.S. §§ 12-43-221(2), 12-43-222(1)(n))

(b continued X2)

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Supervision Shall Include But is Not Limited To The Following:
(1) Monitoring the supervisee's activities to verify s/he is providing services that meet generally accepted standards of practice.
(2) Verifying that it is the practice of any supervisee to provide the mandatory disclosure form as required pursuant to C.R.S. § 12-43-214.
(3) If appropriate, verifying that clients are informed as to any changes in the supervisory relationship.
(4) Giving an adequate termination of supervision notice to the supervisee.
(5) Keeping records that document supervision that meet the generally accepted standards of practice.
(6) Assisting the supervisee in becoming aware of and adhering to all legal, ethical, and professional responsibilities.
(7) Assuring that no inappropriate relationships exist between the supervisor and supervisee, and supervisor and client.
(8) Assuring that no inappropriate relationships exist between the supervisor and supervisee, and supervisor and client.
...

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RULE 7 -- SUPERVISION OF MENTAL HEALTH PRACTITIONERS FOR NONLICENSURE PURPOSES AND SUPERVISORY RELATIONSHIPS (C.R.S. §§ 12-43-221(2), 12-43-222(1)(n))

(b continued X3)

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...

(9) Assisting to assure that the supervisee is in compliance with the Mental Health Practice Act.
(10) Verifying and assuring the supervisee is in compliance with any existing restricted licensure, certification or registration status or probation.

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RULE 7 -- SUPERVISION OF MENTAL HEALTH PRACTITIONERS FOR NONLICENSURE PURPOSES AND SUPERVISORY RELATIONSHIPS (C.R.S. §§ 12-43-221(2), 12-43-222(1)(n))

(c)

Back 34

Supervisor Qualifications.
(1) The supervisor shall have sufficient knowledge of legal, ethical, and professional standards relevant to the clients being served. (2) The supervisor shall have clinical experience and competence adequate to perform and direct the services provided by the supervisee, including but not limited to substantially equivalent education and training to that of a licensed marriage and family therapist

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RULE 8 -- REPORTING CHANGE OF ADDRESS, TELEPHONE NUMBER, OR NAME (C.R.S. §§ 12-43-203, 12-43-205)

(a)

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Licensees shall inform the Division of any name, telephone number or address change within thirty (30) days of such change. Staff shall not change licensees’ information without written notification from the Licensee. Notification via mail, fax, e-mail, and the online system is acceptable. Verbal notification is not acceptable.

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RULE 8 -- REPORTING CHANGE OF ADDRESS, TELEPHONE NUMBER, OR NAME (C.R.S. §§ 12-43-203, 12-43-205)

(b)

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Any of the following documentation is required to change a Licensee’s name or social security number; marriage license, divorce decree, or court order. A driver’s license or social security card with a second form of identification may be acceptable at the discretion of the Director of Support Services.

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RULE 9 -- DUPLICATE OR REPLACEMENT LICENSE (C.R.S. §§ 12-43-203, 12-43-205, 12-43-207)

(a)

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Upon licensure and at renewal, the Division will issue only one license to a Licensee. The Division may issue a duplicate license if the Licensee submits a written request along with the required fee.

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RULE 9 -- DUPLICATE OR REPLACEMENT LICENSE (C.R.S. §§ 12-43-203, 12-43-205, 12-43-207)

(b)

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Justification for issuance of a duplicate license may include if the original was lost, stolen, damaged, never received, or printed with the incorrect information, or if the address or name has changed.

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RULE 9 -- DUPLICATE OR REPLACEMENT LICENSE (C.R.S. §§ 12-43-203, 12-43-205, 12-43-207)

Duplicate licences

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A duplicate license may also be issued for those licensees who require multiple licenses.

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RULE 10 -- RENEWAL OF LICENSE (C.R.S. § 12-43-204(3))

(a)

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Failure to Receive Renewal Notice. Failure to receive notice for renewal of license from the Board does not excuse a Licensee from the requirement for renewal under the Act and this Rule.

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RULE 10 -- RENEWAL OF LICENSE (C.R.S. § 12-43-204(3))

(b)

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Grace Period. Licensees shall have a sixty-day (60) grace period after the expiration of his or her license to renew such license without the imposition of a disciplinary sanction for practicing on an expired license. During this grace period a delinquency fee will be charged for late renewals. A Licensee who does not renew his or her license within the sixty-day (60) grace period shall be treated as having an expired license and shall be ineligible to practice until such license is reinstated.

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RULE 10 -- RENEWAL OF LICENSE (C.R.S. § 12-43-204(3))

(c)

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Continuing Professional Competence. Pursuant to C.R.S. § 12-43-506, and Board Rule 18, effective January 1, 2011, licensed marriage and family therapists shall demonstrate continuing professional competence in order to renew.

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RULE 10 -- RENEWAL OF LICENSE (C.R.S. § 12-43-204(3))

(d)

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Military Active Duty. Licensees may be exempt from licensing requirements as provided in C.R.S. § 12-70-102.

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RULE 11 -- AUTHORITY TO INVESTIGATE (C.R.S. § 12-43-203)

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An application for initial license, for renewal of a license, or for reinstatement of a license is an express grant to the Board of full authority to make any investigation or personal contact necessary to verify the authenticity of the matters and information stated in the application. If the Board so requests, the applicant must supply verification, documentation and/or complete information on any disciplinary action taken against the applicant in any jurisdiction.

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RULE 12 -- LICENSURE BY ENDORSEMENT (C.R.S. § 12-43-206)

(a)

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General. To be considered for licensure by endorsement under C.R.S. § 12-43-206, an applicant must submit a completed application form, all supporting documentation, and the appropriate fee.

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RULE 12 -- LICENSURE BY ENDORSEMENT (C.R.S. § 12-43-206)

(b)

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Complaints/inquiries, investigations, disciplinary actions. The Board may decline to issue a license to an applicant for licensure by endorsement against whom disciplinary action has been taken or is pending, against whom an investigation is being conducted in connection with her/his practice, or who is the subject of an unresolved complaint.

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RULE 12 -- LICENSURE BY ENDORSEMENT (C.R.S. § 12-43-206)

(c)

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Criteria. The Board has established the following criteria for determining whether an applicant possesses credentials and qualifications that are substantially equivalent to C.R.S. § 12-43-504. An applicant must submit sufficient information to establish that her/his credentials and qualifications meet the statutory requirements. The applicant has the burden of proof. The Board may require additional information from the applicant. All of the following factors must be shown at the time of application for Colorado licensure by endorsement in order for the applicant to establish that her/his credentials and qualifications are substantially equivalent to the requirements of C.R.S. § 12-43-504:

(1) Applicant is at least 21 years of age;
(2) Applicant must certify that:
(A) Applicant has reported to the Board any injunction action entered against her/him and knows of no injunctive action pending against her/him or her/his license, certificate, listing or registration to...

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RULE 12 -- LICENSURE BY ENDORSEMENT (C.R.S. § 12-43-206)

(c continued)

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..practice marriage and family therapy where the injunction or injunctive action relates to her/his practice of marriage and family therapy or psychotherapy;
(B) Applicant has reported to the Board any malpractice judgment against her/him, and knows of no settlement of a malpractice action or claim against her/him, and knows of no malpractice action or claim pending against her/him where the malpractice alleged relates to her/his practice of marriage and family therapy or psychotherapy;
(C) Applicant has reported to the Board any complaint pending before, investigation being conducted by, or disciplinary proceeding pending before the licensing, grievance, or disciplinary board of any jurisdiction in which s/he is licensed, registered, or certified to practice marriage and family therapy where the complaint, investigation, or proceeding concerns practice as a licensed marriage and family therapist or psychotherapy.
(D) Applicant has reported to the Board any...

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RULE 12 -- LICENSURE BY ENDORSEMENT (C.R.S. § 12-43-206)

(c continued X2)

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...misdemeanor or felony conviction(s).
(E) Applicant has reported to the Board any prior disciplinary action against applicant by another jurisdiction.

(3) Submit verification of licensure from each jurisdiction(s) in which applicant has ever been licensed, registered, listed or certified.
(4) Applicant holds a master's or doctoral degree in marriage and family therapy from an accredited program or holds a master's or doctoral degree from a program that was equivalent to an accredited program in marriage and family therapy.
(5) Applicant demonstrates having passed an examination, the content of which tested competence to practice marriage and family therapy.
(6) Applicant demonstrates that s/he had at least two (2) years of post-master's or one year of post-doctoral practice in individual and marriage and family therapy under supervision prior to licensure, certification, listing or registration in the jurisdiction through which applicant seeks licensure in Colorado; or...

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RULE 12 -- LICENSURE BY ENDORSEMENT (C.R.S. § 12-43-206)

(c continued X3)

Back 50

...applicant provides information satisfactory to the Board demonstrating her/his active practice of marriage and family therapy for two (2) years (as defined below).

(A) "Active practice of marriage and family therapy" means applicant has engaged in the practice of marriage and family therapy at least twenty (20) hours per week, averaged over the entire time s/he has been in practice, with no more than a six month absence from the practice of marriage and family therapy. If applicant has taught marriage and family therapy, applicant may count the hours spent teaching marriage and family therapy (including time spent in preparation, meeting with students, and related activities) as hours of active practice of marriage and family therapy provided such teaching was in courses in the same or similar field of marriage and family therapy as the competence area claimed by applicant; teaching of marriage and family therapy shall not count more than one-third (1/3) of the number of active...

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RULE 12 -- LICENSURE BY ENDORSEMENT (C.R.S. § 12-43-206)

(c continued X4)

Back 51

...practice hours claimed by applicant.

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RULE 12 -- LICENSURE BY ENDORSEMENT (C.R.S. § 12-43-206)

(d)

Back 52

Licenses, certifications, listings or registrations from outside the United States. Applicants who are licensed, certified, listed or registered marriage and family therapists in a jurisdiction outside the United States must submit their educational credentials for evaluation, including disclosure of any prior or pending disciplinary action against applicant by any jurisdiction, and satisfy the requirements of this Rule.

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RULE 12 -- LICENSURE BY ENDORSEMENT (C.R.S. § 12-43-206)

(e)

Back 53

Jurisprudence Examination. Each applicant shall pass a Board developed jurisprudence examination.

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RULE 13 -- REINSTATEMENT OF LICENSE (C.R.S. § 12-43-204)

(a)

Back 54

General. A license that has expired is subject to the following reinstatement provisions.

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RULE 13 -- REINSTATEMENT OF LICENSE (C.R.S. § 12-43-204)

(b)

Back 55

Application requirements. To be considered for license reinstatement, an applicant must submit a completed reinstatement application form and the reinstatement fee.

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RULE 13 -- REINSTATEMENT OF LICENSE (C.R.S. § 12-43-204)

(c)

Back 56

Required statements. Each applicant for reinstatement shall certify the following:
(1) Every license, certificate, listing or registration to practice marriage and family therapy held by the applicant is in good standing;
(2) Applicant has reported to the Board any injunction or disciplinary action completed or pending against her/his license, certificate, registration, or listing to practice psychotherapy or marriage and family therapy;
(3) Applicant has reported to the Board any malpractice judgment against her/him, any settlement of a malpractice action or claim against her/him, and any malpractice action or claim pending against her/him in which the malpractice alleged relates to her/his practice of psychotherapy or marriage and family therapy;
(4) Applicant has reported to the Board any complaint pending, investigation being conducted by, or disciplinary proceeding pending before the licensing, grievance, or disciplinary board of any jurisdiction in which he or she...

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RULE 13 -- REINSTATEMENT OF LICENSE (C.R.S. § 12-43-204)

(c continued)

Back 57

...is licensed, certified, or registered or listed to practice psychotherapy or marriage and family therapy in which the complaint, investigation, or proceeding concerns her/his practice of psychotherapy or marriage and family therapy.

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RULE 13 -- REINSTATEMENT OF LICENSE (C.R.S. § 12-43-204)

(d)

Back 58

Pending discipline or complaints. The Board may decline to issue a license to an applicant for reinstatement if disciplinary action is pending or if there is an unresolved complaint.

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RULE 13 -- REINSTATEMENT OF LICENSE (C.R.S. § 12-43-204)

(e)

Back 59

Continuing Professional Competence. Pursuant to C.R.S. § 12-43-506, effective January 1, 2011, licensed marriage and family therapists shall demonstrate continuing professional competence in order to reinstate.
(1) An applicant for reinstatement must comply with all Continuing Professional Development requirements pursuant to Board Rule 18 including the Professional Practice Survey, Learning Plan and documentation of having completed forty (40) Professional Development Hours within the two (2) years immediately preceding the application receipt date.

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RULE 13 -- REINSTATEMENT OF LICENSE (C.R.S. § 12-43-204)

(f)

Back 60

Criteria.
The Board has established the following criteria for determining whether an applicant for reinstatement has demonstrated her/his competency to practice as required by C.R.S. § 24-34-102(8)(d)(II). An applicant must meet all applicable criteria to establish her/his continued professional competence.

(1) License expired more than two (2) years. An applicant whose license has been expired more than two (2) years shall pass a Board approved jurisprudence examination and demonstrate her/his continued professional competence by either:
(A) A written statement detailing work experience related to the practice of marriage and family therapy or psychotherapy during the time the license has been expired. If work experience was in other jurisdiction(s), verification of licensure from each jurisdiction(s) is required; or
(B) Retaking and passing the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) Examination: or,...

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RULE 13 -- REINSTATEMENT OF LICENSE (C.R.S. § 12-43-204)

(f continued)

Back 61

... (C) Completion of an additional ten (10) Professional Development Hours as defined in Board Rule 18 for each year or portion thereof the license has been expired; or
(D) Other means determined by the Board.

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RULE 14 -- LICENSURE BY EXAMINATION (C.R.S. § 12-43-504)

(a)

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Criteria for application.
(1) The applicant must submit to the Board a completed application for licensure, all fees, official transcript(s), and all supporting documentation required by the Board in order for the Board to review the application for licensure.
(2) Applicants must meet the experience requirements in effect at the time of the initial application.
(3) An applicant for licensure must pass the required examination, meet the experience requirements, and become licensed within five (5) years of the date of initial application for licensure. If the applicant fails to become licensed within this time period, s/he must submit a new application and fee and must meet the educational, experience and examination requirements in effect at the time of the new application. Licensure applicants have a continuing obligation to update their application with information of changes from the original application at any time prior to licensure. However, this may not apply to those...

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RULE 14 -- LICENSURE BY EXAMINATION (C.R.S. § 12-43-504)

(a continued)

Back 63

...exceptions allowable under statute concerning marriage and family therapist candidate status.

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RULE 14 -- LICENSURE BY EXAMINATION (C.R.S. § 12-43-504)

(b)

Back 64

Education and Training Requirements.
Many graduate programs in marriage and family therapy go under other names. Some programs labeled as marriage and family programs are not primarily focused on marriage and family therapy. The Board has therefore established the following factors to determine whether or not a particular program from which an applicant for licensure received the master's or doctoral degree qualifies as a master's or doctoral program with a major in marriage and family therapy in compliance with C.R.S. §§ 12-43-504(1)(c) and 12-43-503. To meet the statutory requirements, the master's or doctoral program must meet (1) below:
(1) Accredited program. The applicant obtained a master's or doctoral degree from a program that was approved by the Commission on Accreditation for Marriage and Family Therapy Education; or
(2) Equivalent program. If the application is received by the Board prior to June 30, 2012, the following requirements shall apply to be considered for...

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RULE 14 -- LICENSURE BY EXAMINATION (C.R.S. § 12-43-504)

(b continued)

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...equivalency: The applicant received a master's or doctoral degree from a graduate training program that, at the time s/he was enrolled and received her/his degree, fulfilled the equivalency degree requirements used to define a marriage and family therapy graduate training program. An applicant asserting a program is equivalent to an accredited program in marriage and family therapy must furnish to the Board evidence in support of the asserted equivalency and has the burden of establishing equivalency. Evidence may include institutional documents published contemporaneously with the applicant’s enrollment, appropriate certifications or affidavits from university officials, dissertation abstracts, and any other evidence the applicant deems useful. The Board may request additional information from the applicant.

All of the following requirements shall be considered in order to establish equivalency:
(A) The required master's or doctoral level study and master's or doctoral degree..

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...were obtained from a regionally-accredited institution of higher learning;
(B) The program stood as a coherent and recognizable entity within the institution, offering an integrated and organized sequence of study planned to provide appropriate training for the practice of marriage and family therapy;
(C) There was an identifiable full-time faculty, with an individual responsible for the program who was a full-time faculty member and who met the requirements for approval as a supervisor or a person who presents proof satisfactory to the Board, that at the time of serving as the faculty member, s/he possessed essentially the same education, experience, and training as that necessary to qualify for licensure under the Act.
(D) The program had an identifiable body of students who were matriculated in that program for a degree;
(E) The master's or doctoral program included examination and grading procedures designed to evaluate the degree of mastery of the...

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...subject matter by the students;
(3) Foreign-trained applicants. Foreign-trained applicants must submit educational credentials to a credentialing agency utilized by the Board for evaluation of equivalency. After course equivalency is established, the Board will evaluate the educational credentials to determine whether or not the program is equivalent to an accredited MFT program of marriage and family therapy.

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RULE 14 -- LICENSURE BY EXAMINATION (C.R.S. § 12-43-504)

(c)

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Post-Graduate Experience Requirements.
The Board will approve post-master's or post-doctoral supervised practice as meeting the requirements for licensure set out in C.R.S. § 12-43-504(1)(d) when that practice satisfies the requirements of this subsection.

(1) Definitions . As used in C.R.S. § 12-43-504(1)(d) and this Rule unless the context indicates otherwise:
(A) "Individual supervision" means supervision rendered to one individual at a time.
(B) "Group supervision" means supervision rendered to not more than ten (10) individuals at one time.
(C) "Post-master's experience" or "post-doctoral experience" means experience under approved supervision acquired subsequent to the date certified by the degree-granting...

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(c continued)

Back 69

...institution as that on which all18
requirements for the master's or doctoral degree (whichever is applicable) have been completed.
(D) "Practice in individual and marriage and family therapy” means all services included within the definition of psychotherapy in C.R.S. § 12-43-201(9) and particularly those services and practices included within the definition of marriage and family therapy in C.R.S. § 12-43-503.
(E) "Supervision" means personal direction and responsible direction provided by a supervisor approved by the Board.
(1) "Personal direction" means direction actually rendered by the approved supervisor.
(2) "Responsible direction" or "direction" means the approved supervisor has sufficient knowledge of all clients for whom supervision is provided, including face-to-face contact with the client when necessary, to develop and to monitor effective service delivery procedures and the supervisee's treatment plan...

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...Further, all decisions requiring the special skill, knowledge, and/or training of a marriage and family therapist are made in collaboration with, and with the approval of, the approved supervisor. Such decisions include, but are not limited to: type, duration, effectiveness, and method of psychotherapy services provided; fees and billing procedures; approval of cases; and personal observation, evaluation, oversight, review, and correction of services provided by the supervisee.
(F) "Consultation" describes a voluntary relationship between professionals of relative equal expertise or status wherein the consultant offers her/his best advice or information on an individual case or problem for use by the consultee as s/he deems appropriate in her/his professional judgment. Consultation is not supervision. Experience under contract for consultation will not be credited toward fulfillment of supervision requirements.

(2) Certification of Completion. Each applicant shall file...

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...with the Board, upon forms supplied by the Board, a verified statement signed under penalty of law by their approved supervisor(s) attesting to the applicant's satisfactory completion of the required post-master's or post-doctoral practice in individual and marriage and family therapy/psychotherapy under supervision and attesting to the applicant's having met the generally accepted standards of practice during the supervised practice.
(3) Supervision.
(A) The Board may approve any of the following as a supervisor.
(1) A marriage and family therapist or any other licensed mental health professional who, at the time of the supervision, possessed a license in good standing in the jurisdiction in which the applicant's services were rendered, and who, at the time of the supervision, had education, clinical experience, and clinical supervisory experience in the field of marriage and family therapy.
(2) A marriage and family therapist...

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...who, at the time of the supervision, was an approved supervisor under the auspices of the American Association for Marriage and Family Therapy.

(3) A person who presents proof satisfactory to the Board that, at the time of the supervision, s/he was licensed in good standing as a marriage and family therapist, a professional counselor, a psychologist, or a clinical social worker under the Act and who, at the time of the supervision, had education, clinical experience, and clinical supervisory experience in the field of marriage and family therapy substantially equivalent to a licensed marriage and family therapist.
(4) A marriage and family therapist may be approved as a supervisor, who, at the time of the supervision, was licensed at the highest possible level in another jurisdiction in which the applicant's services were performed. The Board will consider post-degree supervised experience obtained in another jurisdiction by an individual who is...

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...not certified or licensed as a marriage and family therapist in the other jurisdiction, if the jurisdiction in which such person was practicing did not provide for such certification, licensure, listing or registration. The applicant’s supervisor shall document to the satisfaction of the Board her/his competence in the same field of marriage and family therapy as that in which the applicant is seeking licensure

(B) The approved supervisor shall keep records that will enable her/him effectively to train, evaluate, and credit the applicant for licensure with the exact number of hours of acceptable post-master's or post-doctoral practice of marriage and family therapy and the exact number of hours of supervision completed in compliance with this Rule.

(4) Number of hours of post-master's practice in individual and marriage and family therapy under supervision.
(A) The post-master's experience and practice in individual and marriage and family therapy under...

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...supervision cannot be completed in fewer than twenty-four (24) months and may involve supervision by more than one supervisor as defined in these Rules.
(B) The two (2) years of post-master's practice in individual and marriage and family therapy under supervision required by C.R.S. § 12-43-504(1)(d) must include at least 2,000 hours of practice, including at least 1,500 hours of face-to-face direct client contact, 1,000 of which shall be with couples and families for the purpose of diagnosis, assessment and intervention obtained in such a manner that they are reasonably uniformly distributed over a minimum of twenty-four (24) months.
(C) The teaching of the practice of individual and marriage and family therapy may count up to 300 hours of post-master's practice in marriage and family therapy under supervision and up to thirty (30) hours of supervision, provided this teaching experience was supervised by a supervisor as defined in these Rules...

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... (D) "Face-to-face direct client contact with couples and families" includes contact with individual members of the couples and families so long as the contact is done as part of and in furtherance of on-going work with the couples and families.

(5) Number of hours of post-doctoral experience practice in individual and marriage and family therapy under supervision.
(A) The post-doctoral experience practice in individual and marriage and family therapy under supervision cannot be completed in fewer than twelve (12) months and may involve supervision by more than one supervisor as defined in these Rules.
(B) The one year of post-doctoral experience practice in individual and marriage and family therapy under supervision required by C.R.S. § 12-43-504(1)(d) must include at least 1,500 hours of face-to-face direct client contact, including at least 1,000 hours of face-to-face direct client contact with couples and families...

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(c continued X8)

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...for the purpose of diagnosis, assessment and intervention obtained in such a manner that they are reasonably uniformly distributed over a minimum of twelve (12) months.
(C) The teaching of the practice of individual and marriage and family therapy may count up to 300 hours of post-doctoral practice in marriage and family therapy under supervision and up to fifteen (15) hours of supervision, provided this teaching experience was supervised by a supervisor as defined in these Rules.
(D) "Face-to-face direct client contact with couples and families" includes contact with individual members of the couples and families so long as the contact is done as part of and in furtherance of on-going work with the couples and families.

(6) Number of hours of post-master's or post-doctoral supervision.
(A) For each 1,000 hours of supervised practice in individual and marriage and family therapy, applicants must receive a minimum of fifty (50) hours of supervision...

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...The remaining hours up to the fifty (50) hours may be by group supervision. No other modes of supervision will be accepted.
(B) The post-master's or post-doctoral supervision hours must be reasonably distributed over each 1,000 hours of supervised practice in individual and marriage and family therapy in a manner consistent with the accrual of the hours of supervised post-master's or post-doctoral practice.
(C) With respect to supervision of the teaching of marriage and family therapy, the supervision hours must be reasonably distributed over the teaching experience in a manner consistent with the accrual of the hours of teaching experience.

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RULE 14 -- LICENSURE BY EXAMINATION (C.R.S. § 12-43-504)

(d)

Back 78

Examination.
In accordance with C.R.S. §§ 12-43-203(3)(b), 12-43-504(1)(e), and 12-43-504(4), the Board establishes these requirements for the licensing examination to demonstrate professional competence in individual and marriage and family therapy, including special knowledge and skill in marriage and family therapy.
(1) Jurisprudence Examination. Applicants shall also be required to pass a Board developed jurisprudence examination.
(2) National Examination. The examination in marriage and family therapy shall be the marriage and family therapy examination administered under contract with the Association of Marital and Family Therapy Regulatory Boards (AMFTRB).
(A) Reexamination. In the event an applicant fails to receive a passing grade on the examination, s/he may apply to the AMFTRB for reexamination and is subject to the requirements of AMFTRB.

(3) Application. An applicant for licensure shall apply directly to...

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theAMFTRB, or any other testing service the Board may contract with at the time, to sit for the appropriate examination.
(A) A student in their last semester or quarter of either a Commission On Accreditation for Marriage and Family Therapy Education (COAMFTE) approved or non-COAMFTE approved graduate degree program may apply directly to the AMFTRB to sit for the marriage and family therapist examination.

(4) Exam Results. Examination results on the AMFTRB examination will be valid for up to five (5) years after the date of the examination.
(5) Exam Scores. Passing scores on the AMFTRB examination will be valid for up to five (5) years after the date of the examination.

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RULE 15 – MILITARY EDUCATION, TRAINING AND EXPERIENCE (C.R.S. § 24-34-102(8.5)

Back 80

Education, training, or service gained in military services outlined in C.R.S. § 24-34-102(8.5), to be accepted and applied towards receiving a license, must be substantially equivalent, as determined by the Board, to the qualifications otherwise applicable at the time of receipt of application. It is the applicant’s responsibility to provide timely and complete evidence for review and consideration. Satisfactory evidence of such education, training, or service will be assessed on a case by case basis.

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RULE 16 -- RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. §§ 12-43-203(3), 12-43-222(1)(u))

(a)

Back 81

General. Except as provided in subsection (d) of this Rule, every licensed marriage and family therapist shall create and shall maintain records on the primary client(s). Every licensed marriage and family therapist shall retain a record as defined in subsection (b) of this Rule, on the primary client(s) for a period of seven (7) years, commencing on the termination of marriage and family therapy/psychotherapy services or on the date of last contact with the client(s), whichever is later.

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RULE 16 -- RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. §§ 12-43-203(3), 12-43-222(1)(u))

(b)

Back 82

Record. Every licensed marriage and family therapist shall create and shall maintain, as applicable to the mental health services rendered, a record for the primary client(s) containing the following information: (1) Name of treating therapist;
(2) Client’s identifying data to include name, address, telephone number, gender, date of birth, and if applicable the name of the parent or guardian. If the client is an organization, the name of the organization, telephone number and name of the principal authorizing the mental health provider’s services or treatment;
(3) Reason(s) for the psychotherapy services;
(4) Mandatory disclosure statement(s);
(5) Dates of service including, but not limited to the date of each contact with client, the date on which services began, and the date of last contact with client;
(6) Types of service;
(7) Fees;
(8) Any release of information;
(9) The records must be prepared in a manner that allows any subsequent provider to yield a comprehensive...

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RULE 16 -- RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. §§ 12-43-203(3), 12-43-222(1)(u))

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Back 83

...conclusion as to what occurred;
(10) Name of any test administered, each date on which the test was administered, and the name(s) of the person(s) administering the test;
(11) Information on each referral made to and each consultation with another therapist or other health care provider. This information shall include the date of referral or consultation, the name of the person to whom the client was referred, the name of the person with whom consultation was sought; the outcome (if known) of the referral, and the outcome (if known) of the consultation;
(12) Records of counseling, interview notes, correspondence, audio or visual recordings, electronic data storage, and other documents considered professional information for use in counseling; and
(13) A final closing statement (if services are over), if applicable.

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RULE 16 -- RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. §§ 12-43-203(3), 12-43-222(1)(u))

(c)

Back 84

Record storage. Every licensed marriage and family therapist shall keep and store client records in a secure place and in a manner that both assures that only authorized persons have access to the records and protects the confidentiality of the records and of the information contained in the records.

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RULE 16 -- RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. §§ 12-43-203(3), 12-43-222(1)(u))

(d)

Back 85

Transfer of records. Whenever a Licensee deems it necessary to transfer her/his records to another licensee or other health care provider, the Licensee making the transfer shall obtain the client’s consent to transfer (when possible).

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RULE 16 -- RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. §§ 12-43-203(3), 12-43-222(1)(u))

(e)

Back 86

Disposition of records. If the licensed marriage and family therapist is not available to handle her/his own records, the licensed marriage and family therapist and/or his/her estate shall designate an appropriate person to handle the disposition of records. A plan for the disposition of records shall be in place for all licensed marriage and family therapists for the following conditions:
(1) Disability, illness, retirement, or death of the licensed marriage and family therapist;
(2) Termination of the licensed marriage and family therapist's practice;
(3) Sale or transfer of practice.

The licensed marriage and family therapist or the estate designated representative shall make a reasonable effort to notify the primary client(s) of the transfer.

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RULE 16 -- RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. §§ 12-43-203(3), 12-43-222(1)(u))

(f)

Back 87

Record Destruction. Every licensed marriage and family therapist shall dispose of client records in a manner or by a process that destroys or obliterates all client identifying data. However, records cannot be destroyed until after seven (7) years or as otherwise provided in these Rules or any other applicable statutes.

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RULE 16 -- RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. §§ 12-43-203(3), 12-43-222(1)(u))

(g)

Back 88

Record keeping in agency/institutional settings. A licensed marriage and family therapist need not create and maintain separate client records if the licensed marriage and family therapist practices in an agency or institutional setting and the licensed marriage and family therapist:
(1) Sees the client in the usual course of that practice; (2) Keeps client records as required by the agency or institution; and
(3) The agency or institution maintains client records.

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RULE 17- RELIGIOUS MINISTRY EXEMPTIONS

(a)

Back 89

Whenever an exemption from the Board’s jurisdiction is claimed based on an assertion of the practice of religious ministry as stated in C.R.S. § 12-43-215(1), the Board shall consider factors, including but not limited to those listed below, which, taken together and placed within the context of the incident in question, would tend to reasonably indicate that the person seeking the exemption was engaged in the practice of religious ministry. Before taking action on a complaint, the Board shall consider the following factors and other information that indicates the person claiming exemption was not engaged in the practice of religious ministry at the time of the alleged violation of the statute. If the Board determines that this exemption applies, and the Licensee was practicing religious ministry, the board will have no jurisdiction to take any further action on the complaint.

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RULE 17- RELIGIOUS MINISTRY EXEMPTIONS

(b)

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In determining whether the practice of psychotherapy has occurred, the Board analyzes activities and the basic nature of the interaction among the persons involved. The analysis focuses on what occurred, on how it occurred, and on why it occurred.

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RULE 17- RELIGIOUS MINISTRY EXEMPTIONS

(c)

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Factors.
(1) Whether the client or guardian had received notice or reasonably understood that the therapy in question was a part of religious practice/ministry.
(2) Whether the client or guardian was seeking therapy from a religious organization to which the complainant belonged at any time.
(3) Whether a written agreement or disclosure existed that stated that the therapy in question was part of religious practice/belief.
(4) Whether the therapy services were conducted in a house of worship or on property belonging to a religious organization.
(5) Whether the provider of the therapy services normally represents him or herself as a religious official who is counseling as part of a religious ministry.
(6) Whether the therapy services were part of an on-going relationship, formed because the provider is spiritual counselor to the client.
(7) Whether the provider of therapy services hold a position of trust within a religious organization...

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RULE 17- RELIGIOUS MINISTRY EXEMPTIONS

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...(8) Whether the provider of the therapy services advertises psychotherapy services to the general public for a fee.
(9) Whether the provider of the therapy services collects fees or expects/requires donations, offerings, tithes, etc.
(10) Whether the therapy services provided are based on any religious orientation or viewpoint.
(11) Whether the provider engaged in the practice of therapy services is accountable or subject to any religious organization or person for misdeeds or acts of misconduct.
(12) Whether the provider of therapy services is a member of a religious organization recognized by the Internal Revenue Service? Does the organization hold 501(C)(3) tax exempt status.
(13) Whether the provider of therapy services is trained in theology or any other field, area, or specialty related to the study of a religious or spiritual orientation.
(14) Whether the service provided within a private practice setting...

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(15)Whether the provider of the therapy services has a declaration of religious mission or a statement identifying the religious views or beliefs of the organization.

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RULE 18 -- CONTINUING PROFESSIONAL COMPETENCE (C.R.S. § 12-43-506)

Back 94

Pursuant to C.R.S. § 12-43-506, effective January 1, 2011, licensed marriage and family therapists shall demonstrate continuing professional competence through participation and compliance with the Continuing Professional Development program in order to renew, reinstate or reactivate a license to practice Marriage and Family Therapy in the State of Colorado.

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RULE 18 -- CONTINUING PROFESSIONAL COMPETENCE (C.R.S. § 12-43-506)

(a)

Back 95

Definitions.
(1) Continuing Professional Competence. Continuing Professional Competence (CPC) means the ongoing ability of a licensed marriage and family therapist to learn, integrate and apply the knowledge, skill, and judgment to practice according to generally accepted industry standards and professional ethical standards in a designated role and setting.
(2) Continuing Professional Development. Continuing Professional Development (CPD) is the program through which a licensed marriage and family therapist satisfies the Continuing Professional Competence requirements set forth in C.R.S. § 12-43-506 to renew, reinstate or reactivate a license.
(3) Continuing Professional Development Portfolio. The Continuing Professional Development Portfolio (CPD Portfolio) is an instructional guide and workbook for the CPD program.
(4) Professional Development Hours. Professional Development Hours (PDH) are the units of measurement of active learning used to accrue credit in the CPD program...

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...PDH are equivalent to clock hours.
(5) Professional Development Activities. Professional Development Activities (PDA) are Board approved learning activities undertaken for the purpose of continuing professional development.

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RULE 18 -- CONTINUING PROFESSIONAL COMPETENCE (C.R.S. § 12-43-506)

(b)

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Requirements.
(1) Licensed marriage and family therapists shall demonstrate continuing professional competence through participation and compliance with the Continuing Professional Development program in order to renew, reinstate or reactivate a license to practice Marriage and Family Therapy in the State of Colorado.(2) Licensed marriage and family therapists must complete the following requirements in accordance with the current CPD Portfolio:
(A) Professional Practice Survey;
(B) Learning plan;
(C) Documentation of their PDA and PDH.

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RULE 18 -- CONTINUING PROFESSIONAL COMPETENCE (C.R.S. § 12-43-506)

(c)

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Professional Practice Survey. The Professional practice survey should be completed prior to renewing, reinstating or reactivating a license.

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RULE 18 -- CONTINUING PROFESSIONAL COMPETENCE (C.R.S. § 12-43-506)

(d)

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Learning Plan. Licensees shall draft a Personal Learning Plan based upon the Professional Practice Survey. The Learning Plan shall consist of PDA approved by the Board. Licensees shall execute their Learning Plan by completing all PDA and PDH before the date upon which they renew their license. Changes to the Learning Plan shall not be allowed after renewing, reinstating or reactivating a license.

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RULE 18 -- CONTINUING PROFESSIONAL COMPETENCE (C.R.S. § 12-43-506)

(e)

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Professional Development Hours. Licensed marriage and family therapists shall complete forty (40) PDH each renewal cycle in order to renew their license or certification.
(1) Licensees shall document their completion of their PDA and PDH according to the guidelines set forth in the current CPD Portfolio. Licensees should be prepared to submit documentation of their CPD compliance upon request by the Board.
(2) No more than twenty (20) PDH in a single Professional Development Activity shall be credited and recognized each renewal cycle.
(3) Licensees receiving an original, reinstated or reactivated license, during the renewal cycle must accrue one point sixty six (1.66) PDH for each month or portion thereof they are licensed during the current renewal cycle.
(4) A maximum of five (5) PDH may be carried from the last renewal cycle to the next renewal cycle if the PDH were earned within three (3) months of license expiration and are in excess of the forty (40) PDH required for...

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...the current renewal cycle.
(5) Licensees shall retain documentation of their CPD compliance for a minimum of five (5) years from the license expiration date for the renewal cycle during which PDH were accrued.

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RULE 18 -- CONTINUING PROFESSIONAL COMPETENCE (C.R.S. § 12-43-506)

(f)

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Professional Development Activities.
To qualify for PDH credit, Licensees must select PDA that have been approved by the Board.
(1) The Board approves the following PDA: (A) Volunteering (B) Mentoring (C) Presenting (D) Supervision (E) Publishing (F) Coursework (G) Independent Learning (H) Group Learning.

(2) Professional Development Activities must enhance, improve or maintain your competence as a licensed marriage and family therapist. You should be able to show or describe how the activity either provided new knowledge or skills, or how you were able to sharpen or hone existing skills by synthesizing new knowledge.
(3) It is within the discretion of the Board to deny credit for any PDH that does not meet the criteria set forth in the current CPD Portfolio or the definition of Continuing Professional Competence contained in C.R.S. §12-43-506(3).
(4) Unacceptable Professional Development Activities. The following types of activities are ineligible for credit: serving on...

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RULE 18 -- CONTINUING PROFESSIONAL COMPETENCE (C.R.S. § 12-43-506)

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...a federal, state or municipal board or commission.

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RULE 18 -- CONTINUING PROFESSIONAL COMPETENCE (C.R.S. § 12-43-506)

(g)

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Deem Status.
(1) To be eligible for Deem Status pursuant to C.R.S. § 12-43-506(1)(c), a State Department CPC program must satisfy the definition of Continuing Professional Competence pursuant to C.R.S. § 12-43-506(3). Employees and contractors of qualifying programs in State Departments shall be deemed to have met the CPC requirements.
(2) Licensees deemed to have met the CPC requirements are subject to an audit. The audit shall review the program for which the Licensee has justified their Deem Status to ensure that it meets the definition of CPC outlined in C.R.S. § 12-43-506(3) and shall verify the Licensee’s successful completion of the program.
(3) Licensees found to have falsified their Deem Status or who attested their fulfillment of CPC requirements for an unqualified State Department program, are subject to discipline by the Board.

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RULE 18 -- CONTINUING PROFESSIONAL COMPETENCE (C.R.S. § 12-43-506)

(h)

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Exemptions.
(1) Military Service. The Board may grant exemptions from the CPD program requirements for reasons of military service pursuant to C.R.S. § 12-70-102, including but not limited to, military personnel who have been called to federally funded active duty for more than 120 days for the purpose of serving in a war, emergency, or contingency from the payment of any professional or occupational license, certification or registration fees, including renewal fees, and from continuing professional competency requirements for a renewal cycle that falls within the period of service within the six (6) months following the completion of service in the war, emergency or contingency.
(2) Dual Licensure. The Board may grant an exemption from the CPD requirement if the licensed marriage and family therapist has fulfilled the CPD requirements set forth in: C.R.S. §§ 12-43-411, 12-43-605, or 12-43-805.

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RULE 19 -- INACTIVE LICENSE STATUS AND REACTIVATION OF LICENSE

(a)

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Inactive status. Pursuant to C.R.S. § 12-70-101, any Licensee may apply to the Board to be transferred to an inactive status. Such application shall be in the form and manner designated by the Board. The holder of an inactive license shall not be required to comply with the continuing competency requirements for renewal so long as he or she remains inactive.

(1) During such time as a Licensee remains in an inactive status, he or she shall not perform those acts restricted to active licensure pursuant to C.R.S. § 12-43-505. The Board shall retain jurisdiction over inactive Licensees for the purposes of disciplinary action pursuant to C.R.S. § 12-43-221(1)(d).
(2) Practicing with an inactive license shall constitute unlicensed practice and, therefore, may be grounds for disciplinary or injunctive action, up to and including revocation.

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RULE 19 -- INACTIVE LICENSE STATUS AND REACTIVATION OF LICENSE

(b)

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Reactivation requirements. To be considered for license reactivation, an applicant must submit a completed reactivation application and the reactivation fee.

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RULE 19 -- INACTIVE LICENSE STATUS AND REACTIVATION OF LICENSE

(c)

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Required statements.
(1) Each applicant for reactivation shall certify the following:
(A) Every license, certificate, or registration to practice marriage and family therapy held by the applicant is in good standing;
(B) Applicant has no knowledge of any injunction or disciplinary action completed or pending against her/his license, certificate, registration, or listing to practice psychotherapy or marriage and family therapy;
(C) Applicant has no knowledge of any malpractice judgment against her/him, has no knowledge of any settlement of a malpractice action or claim against her/him, and has no knowledge of any malpractice action or claim pending against her/him, where the malpractice alleged relates to her/his practice of psychotherapy or marriage and family therapy;
(D) Applicant has no knowledge of any complaint pending before, investigation being conducted by, or disciplinary proceeding pending before the licensing, grievance, or disciplinary...

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RULE 19 -- INACTIVE LICENSE STATUS AND REACTIVATION OF LICENSE

(c continued)

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...board of any jurisdiction in which he or she is licensed, certified, or registered to practice psychotherapy or marriage and family therapy where the complaint, investigation, or proceeding concerns her/his practice of psychotherapy or marriage and family therapy.

(2) The Board may decline to issue a license to an applicant for reactivation if disciplinary action is pending or if there is an unresolved complaint.

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RULE 19 -- INACTIVE LICENSE STATUS AND REACTIVATION OF LICENSE

(d)

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Continuing Professional Competence. Pursuant to C.R.S. § 12-43-506, effective January 1, 2011, licensed marriage and family therapists shall demonstrate continuing professional competence in order to reactivate.
(1) An applicant for reactivation must comply with Continuing Professional Development reactivation requirements pursuant to Board Rule 18 including the professional practice survey, learning plan and documentation of having completed forty (40) Professional Development Hours within the two (2) years immediately preceding the application receipt date.

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RULE 19 -- INACTIVE LICENSE STATUS AND REACTIVATION OF LICENSE

(e)

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License inactive more than two (2) years. The Board has established the following criteria for determining whether an applicant for reactivation has demonstrated competency to practice as required by C.R.S. § 12-43-204(3).

(1) An applicant whose license has been inactive more than two (2) years shall pass a Board approved jurisprudence examination and either:
(A) A written statement detailing work experience related to the practice of marriage and family therapy or psychotherapy during the time the license has been inactive. If work experience was in other jurisdiction(s), verification of licensure from each jurisdiction(s) is required; or
(B) Retaking and passing the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) Examination; or
(C) Completion of an additional ten (10) Professional Development Hours as defined in Board Rule 18 for each year or portion thereof the license has been inactive; or
(D) Other means determined by the Board.

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RULE 20 - IMPOSITION OF ADMINISTRATIVE FINES (C.R.S. § 12-43-223(1)(b)

(a)

Back 112

Fines; Non-Exclusive Sanction. The Board, in its discretion, may impose a fine or fines in lieu of, or in addition to, any other disciplinary sanction. The term “Licensee” as contemplated under C.R.S. § 12-43-223(1)(b) and this Rule shall include any person who has been licensed at any time under the Mental Health Practice Act to practice Marriage and Family Therapy.

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RULE 20 - IMPOSITION OF ADMINISTRATIVE FINES (C.R.S. § 12-43-223(1)(b)

(b)

Back 113

Pursuant to C.R.S. § 12-43-223(1)(b) provides authority for the board to impose an administrative fine against a licensed marriage and family therapist for a violation of an administrative requirement. The Board, in its discretion, may impose a separate fine for each violation and shall consider the nature and seriousness of the violation prior to imposing any fine.

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RULE 20 - IMPOSITION OF ADMINISTRATIVE FINES (C.R.S. § 12-43-223(1)(b)

(c)

Back 114

Fines: Schedule of Fines.
The Board may so impose a fine or fines consistent with the following Schedule:
(1) For a Licensee’s first violation, a fine of no more than one thousand dollars ($1,000.00).
(2) For a Licensee’s second violation, a fine of no more than two thousand five hundred dollars ($2,500.00).
(3) For a Licensee’s third and any additional or subsequent violations, a fine of no more than five thousand dollars ($5,000.00).

In a Disciplinary Proceeding, in which fines are sought to be imposed, the Board in determining the number of violations for purposes of application of the above schedule, may count as a violation, each prior violation adjudicated against the Licensee in a prior Disciplinary Proceeding.

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RULE 20 - IMPOSITION OF ADMINISTRATIVE FINES (C.R.S. § 12-43-223(1)(b)

(d)

Back 115

Payment of Fines.

(1) Fine Amount; When Due. A total fine amount of five hundred dollars ($500.00) or less imposed by the Board must be paid in full, including the applicable surcharge, at the time the Final Agency Order is entered or a Stipulation is reached between the parties. A total fine amount greater than five hundred dollars ($500.00) imposed by the Board must be paid in full, including the applicable surcharge, in accordance with the time frame set forth in the Final Agency Order or Stipulation.
(2) Delinquent Payment Consequences.A Licensee who fails to pay a fine imposed under this Rule when due as defined above or pursuant to a Final Agency Order or Stipulation may be subject to further discipline, including suspension or revocation of his or her License to Practice. C.R.S. § 12-43-222(1)(b) provides that violation of an order of the Board is a prohibited activity.

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RULE 20 - IMPOSITION OF ADMINISTRATIVE FINES (C.R.S. § 12-43-223(1)(b)

(e)

Back 116

Compliance With Law. Payment of a fine does not exempt the Licensee from continuing compliance with the Mental Health Practice Act or any orders of the Board.

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RULE 21 - CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE FOR PHYSICAL OR MENTAL ILLNESS (C.R.S. § 12-43-221.5)

(a)

Back 117

Notice to Board.
No later than thirty (30) days from the date a physical or mental illness or condition impacts a Licensee’s ability to perform Professional Services with reasonable skill and safety, the Licensee shall provide the Board, in writing, the following information:
(1) The diagnosis and a description of the illness or condition;
(2) the date that the illness or condition was first diagnosed;
(3) the name of the current treatment provider and documentation from the current treatment provider confirming the diagnosis, date of onset, and treatment plan;
(4) a description of the Licensee’s practice and any modifications, limitations or restrictions to that practice that have been made as a result of the illness or condition;
(5) whether the Licensee has been evaluated by, or is currently receiving services from the Board’s authorized peer health assistance program related to the illness or condition and, if so, the date of initial contact and whether services are ongoing.

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RULE 21 - CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE FOR PHYSICAL OR MENTAL ILLNESS (C.R.S. § 12-43-221.5)

(b)

Back 118

Change of Circumstances; Further Notice.
The Licensee shall further notify the Board of any significant change in the illness or condition (“change of condition”) that impacts the Licensee’s ability to perform a professional service with reasonable skill and safety. The Licensee must notify the Board of a positive or negative change of condition. Such notification shall occur within thirty (30) days of the change of condition. The Licensee shall provide the Board, in writing, the following information:
(1) The date of the change of condition;
(2) the name of the current treatment provider and documentation from the current treatment provider confirming the change of condition, the date that the condition changed, the nature of the change of condition, and the current treatment plan;
(3) a description of the Licensee’s practice and any modifications, limitations or restrictions to that practice that have been made as a result of the change of condition;...

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RULE 21 - CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE FOR PHYSICAL OR MENTAL ILLNESS (C.R.S. § 12-43-221.5)

(b continued)

Back 119

...(4) whether the Licensee has been evaluated by, or is currently receiving services from, the peer health assistance program related to the change of condition and, if so, the date of initial contact and whether services are ongoing.

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RULE 21 - CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE FOR PHYSICAL OR MENTAL ILLNESS (C.R.S. § 12-43-221.5)

(c)

Back 120

Confidential Agreement; Board Discretion. Compliance with this Rule is a prerequisite for eligibility to enter into a Confidential Agreement with the Board pursuant to C.R.S. § 12-43-221.5. However, mere compliance with this Rule does not require the Board to negotiate regarding, or enter into, a Confidential Agreement. Rather, the Board will evaluate all facts and circumstances to determine if a Confidential Agreement is appropriate.

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RULE 21 - CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE FOR PHYSICAL OR MENTAL ILLNESS (C.R.S. § 12-43-221.5)

(d)

Back 121

Failure to Notify.
If the Board discovers that a Licensee has a mental or physical illness or condition that impacts the Licensee’s ability to perform a marriage and family Service with reasonable skill and safety and the Licensee has not timely notified the Board of such illness or condition as required under (Section for Notice to Board), the Licensee shall not be eligible for a Confidential Agreement and may be subject to disciplinary action for failure to notify under C.R.S. § 12-43-221.5(1), and other related violations contemplated under C.R.S. § 12-43-222(f).

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PART 1

Back 122

12-43-101. Legislative declaration.

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. 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 registered 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,...

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PART 1 CONTINUED

Back 123

...or both, concerning licensed psychologists and psychologist candidates, licensed social workers, licensed marriage and family therapists and marriage and family therapist candidates, licensed professional counselors and licensed professional counselor candidates, registered psychotherapists, and licensed and certified addiction counselors, respectively, and mental health professionals who have been issued a provisional license pursuant to this article.

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PART 2
GENERAL PROVISIONS
12-43-201. Definitions.

"Board"

Back 124

(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 registered psychotherapists, and the state board of addiction counselor examiners.

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12-43-201. Definitions.

"Certificate Holder"

Back 125

(1.3) “Certificate holder” means an addiction counselor certified pursuant to this article.

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12-43-201. Definitions.

"Certified Addiction Counselor"

Back 126

(1.5) “Certified addiction counselor” means a person who is an addiction counselor certified pursuant to this article.

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12-43-201. Definitions.

"Director"

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(1.7) “Director” means the director of the division of registrations in the department of regulatory agencies.

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12-43-201. Definitions.

"Division"

Back 128

(1.8) “Division” means the division of registrations in the department of regulatory agencies.

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12-43-201. Definitions.

(2)

Back 129

(2) (Deleted by amendment, L. 2000, p. 1841, § 17, effective August 2, 2000.)

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12-43-201. Definitions.

(3)

Back 130

(3) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1278, § 7, effective July 1, 2011.)

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12-43-201. Definitions.

"Licensed Addiction Counselor"

Back 131

(3.5) “Licensed addiction counselor” means a person who is an addiction counselor licensed pursuant to this article.

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12-43-201. Definitions.

(4)

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(4) (Deleted by amendment, L. 98, p. 1107, § 4, effective July 1, 1998.)

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12-43-201. Definitions.

"Licensed Professional Counselor"

Back 133

(5) “Licensed professional counselor” means a person who is a professional counselor licensed pursuant to this article.

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GENERAL PROVISIONS
12-43-201. Definitions.

"Licensed Social Worker"

Back 134

(5.5) “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.

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12-43-201. Definitions.

"Licensee"

Back 135

(6) “Licensee” means a psychologist, social worker, clinical social worker, marriage and family therapist, licensed professional counselor, or addiction counselor licensed pursuant to this article.

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12-43-201. Definitions.

"Marriage and Family Therapist"

Back 136

(7) “Marriage and family therapist” means a person who is a marriage and family therapist licensed pursuant to this article.

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GENERAL PROVISIONS
12-43-201. Definitions.

"Professional Relationship"

Back 137

(7.5) “Professional relationship” means an interaction that is deliberately planned or directed, or both, by the licensee, registrant, or certificate holder toward obtaining specific objectives.

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PART 2
GENERAL PROVISIONS
12-43-201. Definitions.

"Provisional License (7.7)"

Back 138

(7.7) (a) “Provisional license” means a license or certification issued pursuant to section 12-43-206.5.
(b) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1278, § 7, effective July 1, 2011.)

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12-43-201. Definitions.

"Provisional License (7.8)"

Back 139

(7.8) (a) “Provisional licensee” means a person who holds a provisional license pursuant to section 12-43-206.5.
(b) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1278, § 7, effective July 1, 2011.)

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GENERAL PROVISIONS
12-43-201. Definitions.

"Psychologist"

Back 140

(8) “Psychologist” means a person who is a psychologist licensed pursuant to this article.

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12-43-201. Definitions.

"Psychotherapy"

Back 141

(9) (a) “Psychotherapy” means the treatment, diagnosis, testing, assessment, or counseling in a professional relationship to assist individuals or groups to alleviate mental 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.
(b) It is the intent of the general assembly that the definition of psychotherapy as used in this article be interpreted in its narrowest sense to regulate only those persons who clearly fall within the definition set forth in this subsection (9).

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GENERAL PROVISIONS
12-43-201. Definitions.

"Registered Psychotherapist"

Back 142

(9.1) (a) “Registered 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 registered psychotherapists pursuant to section 12-43-702.5 to practice psychotherapy in this state.
(b) “Registered psychotherapist” also includes a person who:
(I) Is a licensed school psychologist licensed pursuant to section 22-60.5-210 (1) (b), C.R.S.;
(II) Is practicing outside of a school setting; and
(III) Is registered with the state board of registered psychotherapists pursuant to section 12-43-702.5.

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GENERAL PROVISIONS
12-43-201. Definitions.

"Registrant"

Back 143

(9.3) “Registrant” means a psychologist candidate, marriage and family therapist candidate, or licensed professional counselor candidate registered pursuant to section 12-43-304 (7), 12-43-504 (5), or 12-43-603 (5), respectively, or a registered psychotherapist.

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12-43-201. Definitions.

(9.5) - (10)

Back 144

(9.5) to (10) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1278, § 7, effective July 1, 2011.)

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12-43-202. Practice outside of or beyond professional training, experience, or competence-general scope of practice for licensure, registration, or certification.

(1)

Back 145

(1) Notwithstanding any other provision of this article, no licensee, registrant, or certificate holder is authorized to practice outside of or beyond his or her area of training, experience, or competence.

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12-43-202. Practice outside of or beyond professional training, experience, or competence-general scope of practice for licensure, registration, or certification.

(2)

Back 146

(2) The practice of psychotherapy is one area of practice for mental health professionals licensed, certified, or registered pursuant to this article but may not be the only or primary practice area of such professionals, other than persons registered as psychotherapists pursuant to part 7 of this article. The requirements for licensure, registration, or certification as a mental health professional pursuant to this article are contained in sections 12-43-303, 12-43-403, 12-43-503, 12-43-602.5, and 12-43-803, which define the practice of psychology, social work, marriage and family therapy, licensed professional counseling, and addiction counseling, respectively.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(1)

Back 147

(1) In addition to all other powers and duties conferred or imposed upon each board by this article or by any other law, each board shall have the powers specified in this section.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(2a1)

Back 148

(2) (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.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(2a2)

Back 149

(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 such 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 an addiction or dependency and the licensee, registrant, or certificate holder has not violated the board's order regarding the person's participation in the treatment program.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(2a3)

Back 150

(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.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(2b)

Back 151

(b) The proceedings of each board shall be conducted pursuant to article 4 of title 24, C.R.S.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(3)

Back 152

(3) Each board is authorized to:

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(3a)

Back 153

(a) Adopt, and from time to time revise, such rules and regulations as may be necessary to carry out its powers and duties;

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(3b)

Back 154

(b) Adopt an examination;

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(3c)

Back 155

(c) Examine for, deny, withhold, or approve the license of an applicant, and renew licenses pursuant to section 12-43-212;

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(3d)

Back 156

(d) Appoint advisory committees to assist in the performance of its duties;

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(3e)

Back 157

(e) Conduct hearings as necessary to carry out its powers and duties.

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(3.5)

Back 158

(3.5) In carrying out its duties related to the approval of applications for licensure, registration, or certification pursuant to this section, section 12-43-212, and this article, 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. Each board, in its sole discretion, may individually review any application requiring board consideration prior to the approval of the application pursuant to section 12-43-212 and this article.

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(4)

Back 159

(4) 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.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(5)

Back 160

(5) Repealed.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(6)

Back 161

(6) 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, C.R.S.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(7a)

Back 162

(7) (a) A member of a board or of a professional review committee authorized by a board, a member of staff to a board or committee, a person acting as a witness or consultant to a board or committee, a witness testifying in a proceeding authorized under this article, and a person who lodges a complaint pursuant to this article is immune from liability in a civil action brought against him or her for acts occurring while acting in his or her capacity as a board or committee member, staff, consultant, or witness, respectively, if the individual was acting in good faith within the scope of his or her respective capacity, made a reasonable effort to obtain the facts of the matter as to which he or she acted, and acted in the reasonable belief that the action taken by him or her was warranted by the facts. A person participating in good faith in lodging a complaint or participating in an investigative or administrative proceeding pursuant to this article is immune from any civil or criminal

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(7b)

Back 163

(b) A person participating in good faith in the making of a complaint or report or participating in any investigative or administrative proceeding before the board pursuant to this article is immune from any civil or criminal liability that might result by reason of the action.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(8)

 

 

Back 164

(8) (Deleted by amendment, L. 98, p. 1108, § 6, effective July 1, 1998.)

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(9)

Back 165

(9) 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 such matter.

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2-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(10)

Back 166

(10) 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.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(11a1)

Back 167

(11) (a) (I) Subject to the requirements of subparagraph (II) of this paragraph (a), a professional review committee may be established pursuant to this subsection (11) to investigate the quality of care being given by a person licensed, registered, or certified pursuant to this article. If a professional review committee is established, it must include in its membership at least three persons licensed, registered, or certified under this article, and such 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.

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(11a2)

Back 168

(II) 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 whose membership includes not less than one-third of the persons licensed, registered, or certified pursuant to this article 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.

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(11b)

Back 169

(b) (Deleted by amendment, L. 2004, p.1849, § 101, effective Aug. 4, 2004.)

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12-43-203. Boards-meetings-duties-powers-removal of members-immunity.

(12)

Back 170

(12) The boards shall develop rules or policies to provide guidance to persons licensed, registered, or certified pursuant to this article 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 12-43-222 (1) (i).

Front 171

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GENERAL PROVISIONS

12-43-203.5. Limitation on authority.

Back 171

The authority granted each board under the provisions of this article 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.

Front 172

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GENERAL PROVISIONS

12-43-204. Fees-renewal.

(1)

Back 172

(1) All fees collected pursuant to this article shall be determined, collected, and appropriated in the same manner as set forth in section 24-34-105, C.R.S.

Front 173

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GENERAL PROVISIONS

12-43-204. Fees-renewal.

(2)

Back 173

(2) Each board may charge fees established pursuant to section 24-34-105, C.R.S., to all applicants for licensure, registration, or certification under this article.

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12-43-204. Fees-renewal.

(3)

Back 174

(3) Every person licensed, registered, or certified to practice psychology, social work, marriage and family therapy, professional counseling, psychotherapy, or addiction counseling within the state shall renew his or her license, registration, or certification pursuant to a schedule established by the director, and licenses, registrations, and certifications shall be renewed pursuant to section 24-34-102 (8), C.R.S. The director may establish renewal fees and delinquency fees pursuant to section 24-34-105, C.R.S. If a person fails to renew his or her license, registration, or certification pursuant to the schedule established by the director, the license, registration, or certification expires. Any person whose license, registration, or certification expires is subject to the penalties provided in this article or section 24-34-102 (8), C.R.S.

Front 175

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GENERAL PROVISIONS

12-43-204. Fees-renewal.

(3.5)

Back 175

(3.5) 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 and section 12-43-702.5 (1).

Front 176

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GENERAL PROVISIONS

12-43-204. Fees-renewal.

(4)

Back 176

(4) (Deleted by amendment, L. 2004, p. 1850, § 102, effective. Aug. 4, 2004.)

Front 177

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12-43-205. Records.

(1)

Back 177

(1) Each board shall keep a record of proceedings and a register of all applications for licenses, registrations, or certifications, which must include:

(1a-1h)

Front 178

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GENERAL PROVISIONS

12-43-205. Records.

(1a)

Back 178

(a) The name and age of each applicant;

Front 179

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GENERAL PROVISIONS

12-43-205. Records.

(1b)

Back 179

(b) The date of the application;

Front 180

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GENERAL PROVISIONS

12-43-205. Records.

(1c)

Back 180

(c) The mailing address of the applicant;

Front 181

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GENERAL PROVISIONS

12-43-205. Records.

(1d)

Back 181

(d) A summary of the educational and other qualifications of each applicant;

Front 182

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GENERAL PROVISIONS

12-43-205. Records.

(1e)

Back 182

(e) Whether or not an examination was required and, if required, proof that the applicant passed the examination;

Front 183

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GENERAL PROVISIONS

12-43-205. Records.

(1f)

Back 183

(f) Whether licensure, registration, or certification was granted;

Front 184

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12-43-205. Records.

(1g)

Back 184

(g) The date of the action of the board;

Front 185

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12-43-205. Records.

(1h)

Back 185

(h) Other information the board deems necessary or advisable in aid of the requirements of this section.

Front 186

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GENERAL PROVISIONS

12-43-206. Licensure by endorsement-rules.

Back 186

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 has a license, registration, or certification in good standing as a psychologist, social worker, marriage and family therapist, licensed professional counselor, or addiction counselor under the laws of another jurisdiction if the applicant presents proof satisfactory to the board that, at the time of application for a Colorado license by endorsement, the applicant possesses credentials and qualifications that are substantially equivalent to the requirements of section 12-43-304, 12-43-404, 12-43-504, 12-43-603, or 12-43-804, whichever is applicable. Each board shall promulgate rules setting forth the manner in which the board will review credentials and qualifications of an applicant.

Front 187

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GENERAL PROVISIONS

12-43-206.5. Provisional license-fees.

(1a)

Back 187

(1) (a) The board may issue a provisional license to an applicant who has completed a post-graduate degree that meets the educational requirements for licensure in section 12-43-304, 12-43-403, 12-43-504, 12-43-603, or 12-43-804, as applicable, and who is working in a residential child care facility as defined in section 26-6-102 (8), C.R.S., under the supervision of a licensee.

Front 188

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GENERAL PROVISIONS

12-43-206.5. Provisional license-fees.

(b)

Back 188

(b) A provisional license issued pursuant to paragraph (a) of this subsection (1) terminates at the earliest of:

(b1&b2)

Front 189

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GENERAL PROVISIONS

12-43-206.5. Provisional license-fees.

(1b1)

Back 189

(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

Front 190

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GENERAL PROVISIONS

12-43-206.5. Provisional license-fees.

(1b2)

Back 190

(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.

Front 191

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GENERAL PROVISIONS

12-43-206.5. Provisional license-fees.

(1c)

Back 191

(c) A provisional licensee shall notify the board of any change in supervision within thirty days after the change.

Front 192

PART 2
GENERAL PROVISIONS

12-43-206.5. Provisional license-fees.

(2)

Back 192

(2) Each board may charge an application fee to an applicant for a provisional license. All fees collected pursuant to this subsection (2) shall be transmitted to the state treasurer, who shall credit the same to the division of registrations cash fund pursuant to section 24-34-105, C.R.S. 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.

Front 193

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GENERAL PROVISIONS

12-43-206.5. Provisional license-fees.

(3)

Back 193

(3) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1278, § 6, effective July 1, 2011.)

Front 194

PART 2
GENERAL PROVISIONS

12-43-207. License-issuance.

Back 194

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.

Front 195

PART 2
GENERAL PROVISIONS

12-43-208. Drugs-medicine.

Back 195

Nothing in this article permits psychologists, social workers, marriage and family therapists, licensed professional counselors, psychotherapists, and addiction counselors licensed, registered, or certified under this article to administer or prescribe drugs or in any manner engage in the practice of medicine as defined by the laws of this state.

Front 196

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GENERAL PROVISIONS

12-43-209. Collaborate with physician.

Back 196

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 12-43-201 (9). A licensee, registrant, or certificate holder shall not diagnose, prescribe for, treat, or advise a client with reference to medical problems.

Front 197

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GENERAL PROVISIONS

12-43-210. Division of registrations to supervise.

Back 197

Each board shall be under the supervision and control of the division of registrations of the department of regulatory agencies as created by section 24-34-102, C.R.S

Front 198

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12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1)

Back 198

(1) Licensees, registrants, or certificate holders may 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, C.R.S., 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:

(1a&1b)

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1a)

Back 199

(a) The name of the corporation shall contain the words “professional company” or “professional corporation” or abbreviations thereof.

Front 200

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1b)

Back 200

(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 such corporation, if the following conditions are met:

(1b1 - 1b7)

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1b1)

Back 201

(I) The practice of psychology, as defined in section 12-43-303, 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;

Front 202

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1b2)

Back 202

(II) (Deleted by amendment, L. 98, p. 1111, § 11, effective July 1, 1998.)

Front 203

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1b3)

Back 203

(III) The practice of social work, as defined in section 12-43-403, 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 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.

Front 204

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1b4)

Back 204

(IV) The practice of marriage and family therapy, as defined in section 12-43-503, 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 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.

Front 205

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1b5)

Back 205

(V) The practice of professional counseling, as defined in section 12-43-601, 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 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.

Front 206

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1b6)

Back 206

(VI) The practice of addiction counseling, as defined in section 12-43-802, 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 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; or

Front 207

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1b7)

Back 207

(VII) The practice of psychotherapy, as defined in section 12-43-201, by the professional service corporation is performed by a registered psychotherapist acting independently or under the supervision of a person licensed pursuant to this article or a registered psychotherapist. Any registered psychotherapist member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided in this article.

Front 208

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1c)

Back 208

(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.

Front 209

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1d)

Back 209

(d) Repealed.

Front 210

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1e)

Back 210

(e) Repealed.

Front 211

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1f)

Back 211

(f) Lay directors and officers shall not exercise any authority whatsoever over professional matters.

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1g)

Back 212

(g) 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:

(g1 - g5)

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1g1)

Back 213

(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 or by those employees who provide professional services under supervision.

Front 214

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1g2)

Back 214

(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.

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1g3)

Back 215

(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 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.

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1g4)

Back 216

(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.

Front 217

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(1g5)

 

 

Back 217

(V) The insurance policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other usual matters.

Front 218

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(2)

 

 

Back 218

(2) The corporation shall not act or fail to act in a manner that would violate section 12-43-222 (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 12-43-224.

Front 219

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(3)

 

 

Back 219

(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 12-43-222 (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 12-43-222 (1) or this section is personally responsible for the act or omission and is subject to discipline by the board.

Front 220

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(4)

Back 220

(4) A professional service corporation may adopt a pension, profit sharing (whether cash or deferred), health and accident, insurance, or welfare plan for all of its employees, including lay employees, if such 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 any such plan in behalf of lay employees, are based upon their compensation or length of service, or both, rather than the amount of fees or income received.

Front 221

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(5)

Back 221

(5) Nothing in this section shall be deemed to modify the privileges regarding confidential communications specified in sections 12-43-218 and 13-90-107 (1) (g), C.R.S.

Front 222

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(6)

Back 222

(6) Nothing in this article limits persons licensed, registered, or certified under this article from forming a corporation with persons licensed, registered, or certified under this article.

Front 223

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(7)

Back 223

(7) As used in this section, unless the context otherwise requires:

(7a - 7f)

Front 224

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(7a)

Back 224

(a) “Articles of incorporation” includes operating agreements of limited liability companies and partnership agreements of registered limited liability partnerships.

Front 225

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(7b)

Back 225

(b) “Corporation” includes a limited liability company organized under the “Colorado Limited Liability Company Act”, article 80 of title 7, C.R.S., and a limited liability partnership registered under section 7-60-144 or 7-64-1002, C.R.S.

Front 226

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(7c)

Back 226

(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.

Front 227

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(7d)

Back 227

(d) “Employees” includes employees, members, and managers of a limited liability company and employees and partners of a registered limited liability partnership.

Front 228

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(7e)

Back 228

(e) “Share” includes a member's rights in a limited liability company and a partner's rights in a registered limited liability partnership.

Front 229

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GENERAL PROVISIONS

12-43-211. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling-definitions.

(7f)

 

 

Back 229

PART 2
GENERAL PROVISIONS

 

(f) “Shareholder” includes a member of a limited liability company and a partner in a registered limited liability partnership.

 

 

Front 230

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GENERAL PROVISIONS

12-43-212. Denial of license, registration, or certification-reinstatement.

(1)

Back 230

PART 2
GENERAL PROVISIONS

(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.

Front 231

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GENERAL PROVISIONS

12-43-212. Denial of license, registration, or certification-reinstatement.

(2)

Back 231

PART 2
GENERAL PROVISIONS

(2) If a board determines that an applicant does not possess the applicable qualifications required by this article or, for a licensed clinical social worker, licensed social worker, licensed marriage and family therapist, licensed professional counselor, licensed addiction counselor, or level II or III certified addiction counselor, is unable to demonstrate his or her continued professional competence as required by section 12-43-411, 12-43-506, 12-43-605, or 12-43-805, 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. The applicant may request a hearing on the determination as provided in section 24-4-104 (9), C.R.S.

Front 232

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GENERAL PROVISIONS

12-43-212. Denial of license, registration, or certification-reinstatement.

(3)

Back 232

(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 12-43-222 (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.

Front 233

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GENERAL PROVISIONS

12-43-212. Denial of license, registration, or certification-reinstatement.

(4)

Back 233

(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.

Front 234

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GENERAL PROVISIONS

12-43-213. Legislative intent-schools and colleges-examinations.

Back 234

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 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.

Front 235

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GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(1)

Back 235

(1) Except as otherwise provided in subsection (4) of this section, every licensee, registrant, or certificate holder shall provide the following information verbally and in writing to each client during the initial client contact:

(1a - 1e)

Front 236

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GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(1a)

Back 236

(a) The name, business address, and business phone number of the licensee, registrant, or certificate holder;

Front 237

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(1b1)

Back 237

(b) (I) An explanation of the levels of regulation applicable to mental health professionals under this article and the differences between licensure, registration, and certification, including the educational, experience, and training requirements applicable to the particular level of regulation; and

Front 238

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GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(1b2)

Back 238

(II) A listing of any degrees, credentials, certifications, registrations, and licenses held or obtained 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 obtain the degree, credentials, certifications, registrations, or licenses;

Front 239

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GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(1c)

Back 239

(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;

Front 240

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GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(1d)

Back 240

(d) A statement indicating that:

(1d1 - 1d4)

Front 241

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(1d1)

Back 241

(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;

Front 242

PART 2
GENERAL PROVISIONS

 

12-43-214. Mandatory disclosure of information to clients.

(1d2)

 

 

Back 242

(II) The client may seek a second opinion from another therapist or may terminate therapy at any time;

Front 243

PART 2
GENERAL PROVISIONS

 

12-43-214. Mandatory disclosure of information to clients.

(1d3)

 

 

Back 243

(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;

Front 244

PART 2
GENERAL PROVISIONS

 

12-43-214. Mandatory disclosure of information to clients.

(1d4)

 

 

Back 244

(IV) The information provided by the client during therapy sessions is legally confidential in the case of licensed marriage and family therapists, social workers, professional counselors, and psychologists; licensed or certified addiction counselors; and registered psychotherapists, except as provided in section 12-43-218 and except for certain legal exceptions that will be identified by the licensee, registrant, or certificate holder should any such situation arise during therapy; and

Front 245

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GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(1e)

Back 245

(e) If the mental health professional is a registered psychotherapist, a statement indicating that a registered 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.

Front 246

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(2)

Back 246

(2) If the client is a child who is consenting to mental health services pursuant to section 27-65-103, C.R.S., disclosure shall be made to the child. If the client is a child whose parent or legal guardian is consenting to mental health services, disclosure shall be made to the parent or legal guardian.

Front 247

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(3)

Back 247

(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 paragraphs (c) and (d) of subsection (1) of this section and a statement that the patient is entitled to the information listed in paragraphs (a) and (b) of subsection (1) of this section concerning any psychotherapist in the employ of the institution who is providing psychotherapy services to the patient.

Front 248

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(4)

Back 248

(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:

(4a - 4g)

Front 249

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(4a)

Back 249

(a) In an emergency;

Front 250

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(4b)

Back 250

(b) Pursuant to a court order or involuntary procedures pursuant to sections 27-65-105 to 27-65-109, C.R. S.;

Front 251

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(4c)

Back 251

(c) The sole purpose of the professional relationship is for forensic evaluation;

Front 252

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(4d)

Back 252

(d) The client is in the physical custody of either the department of corrections or the department of human services and such department has developed an alternative program to provide similar information to such client and such program has been established through rule or regulation;

Front 253

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(4e)

Back 253

(e) The client is incapable of understanding such disclosure and has no guardian to whom disclosure can be made;

Front 254

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(4f)

Back 254

(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), C.R.S.;

Front 255

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(4g)

Back 255

(g) By a person licensed or certified pursuant to this article, or by a registered psychotherapist practicing in a hospital that is licensed or certified under section 25-1.5-103 (1) (a) (I) or (1) (a) (II), C.R.S.

Front 256

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(5)

Back 256

(5) If the client has no written language or is unable to read, an oral explanation shall accompany the written copy.

Front 257

PART 2
GENERAL PROVISIONS

12-43-214. Mandatory disclosure of information to clients.

(6)

Back 257

(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.

Front 258

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.


(1)

Back 258

(1) Any person engaged in the practice of religious ministry shall not be required to comply with the provisions of this article; except that such person shall not hold himself or herself out to the public by any title incorporating the terms “psychologist”, “social worker”, “licensed social worker”, “LSW”, “licensed clinical social worker”, “clinical social worker”, “LCSW”, “licensed marriage and family therapist”, “LMFT”, “licensed professional counselor”, “LPC”, “addiction counselor”, “licensed addiction counselor”, “LAC”, “certified addiction counselor”, or “CAC” unless that person has been licensed or certified pursuant to this article.

Front 259

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(2)

Back 259

(2) The provisions of this article shall not apply to the practice of employment or rehabilitation counseling as performed in the private and public sectors; except that the provisions of this article shall apply to employment or rehabilitation counselors practicing psychotherapy in the field of mental health.

Front 260

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(3)

Back 260

(3) The provisions of this article shall not apply to employees of the department of human services, employees of county departments of social services, or personnel under the direct supervision and control of the department of human services or any county department of social services for work undertaken as part of their employment.

Front 261

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(4)

Back 261

(4) The provisions of this article shall not apply to persons who are licensed pursuant to section 22-60.5-210, C.R.S., and who are not licensed under this article for work undertaken as part of their employment by, or contractual agreement with, the public schools.

Front 262

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(5)

Back 262

(5) Nothing in this section limits the applicability of section 18-3-405.5, C.R.S., which applies to any person while he or she is practicing psychotherapy as defined in this article.

Front 263

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(6)

Back 263

(6) The provisions of this article shall not apply to mediators resolving judicial disputes pursuant to part 3 of article 22 of title 13, C.R.S.

Front 264

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(7)

Back 264

(7) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1302, § 31, effective July 1, 2011.)

Front 265

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(8)

Back 265

(8) The provisions of section 12-43-702.5 shall not apply to employees of community mental health centers or clinics as those centers or clinics are defined by section 27-66-101, C.R.S., but such persons practicing outside the scope of employment as employees of a facility defined by section 27-66-101, C.R.S., shall be subject to the provisions of section 12-43-702.5.

Front 266

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(9)

Back 266

(9) The provisions of this article shall not apply to 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 are:

Front 267

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(9a)

Back 267

(a) Performed within the scope of the person's license or certification;

Front 268

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(9b)

 

 

Back 268

(b) Do not exceed twenty days per year in this state;

Front 269

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(9c)

Back 269

(c) Are not otherwise in violation of this article; and

Front 270

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(9d)

 

 

Back 270

(d) Disclosed to the public that the person is not licensed or certified in this state.

Front 271

PART 2
GENERAL PROVISIONS

12-43-215. Scope of article-exemptions.

(10)

 

 

Back 271

(10) The provisions of this article do not apply to 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.

Front 272

PART 2
GENERAL PROVISIONS

12-43-216. Title use restrictions.

 

 

Back 272

A psychologist, social worker, marriage and family therapist, professional counselor, or addiction counselor may only use the title for which he or she is licensed, certified, or registered under this article. Except as provided in section 12-43-306 (3), no other person shall 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”, “marriage and family therapist”, “LMFT”, “professional counselor”, “LPC”, “psychologist”, “psychologist candidate”, “psychology”, “psychological”, “addiction counselor”, “licensed addiction counselor”, “LAC”, “certified addiction counselor”, or “CAC”, and no other person shall state or imply that he or she is licensed to practice social work, marriage and family therapy, professional counseling, psychology, or addiction counseling. Nothing in this section shall prohibit a person from stating or using the educa

Front 273

PART 2
GENERAL PROVISIONS

12-43-217. Judicial review of final board actions and orders.

 

 

Back 273

Final actions and orders of a board appropriate for judicial review may be judicially reviewed in the court of appeals, and judicial proceedings for the enforcement of a board order may be instituted in accordance with section 24-4-106 (11), C.R.S.

Front 274

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(1)

Back 274

(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 said communications acquired in such 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 such therapy without the consent of the person to whom the knowledge relates.

Front 275

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(2)

Back 275

(2) Subsection (1) of this section does not apply when:

Front 276

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(2a)

Back 276

(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;

Front 277

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(2b)

Back 277

(b) A licensee, registrant, or certificate holder was in consultation with a physician, registered professional nurse, licensee, registrant, or certificate holder against whom a suit or complaint was filed based on the case out of which said suit or complaint arises;

Front 278

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(2c)

Back 278

(c) A review of services of a licensee, registrant, or certificate holder is conducted by any of the following:

Front 279

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(2c1)

Back 279

(I) A board or a person or group authorized by the board to make an investigation on its behalf;

Front 280

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(2c2)

Back 280

(II) The governing board of a hospital licensed pursuant to part 1 of article 3 of title 25, C.R.S., where the licensee, registrant, or certificate holder practices or the medical staff of such hospital if the medical staff operates pursuant to written bylaws approved by the governing board of the hospital; or

Front 281

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(2c3)

Back 281

(III) A professional review committee established pursuant to section 12-43-203 (11) if said person has signed a release authorizing such review.

Front 282

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(3)

Back 282

(3) The records and information produced and used in the review provided for in paragraph (c) of subsection (2) 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 12-43-224 (4).

Front 283

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(4)

Back 283

(4) Subsection (1) of this section shall not apply to any delinquency or criminal proceeding, except as provided in section 13-90-107, C.R.S., regarding any delinquency or criminal proceeding involving a licensed psychologist.

Front 284

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(5)

Back 284

(5) Nothing in this section shall be deemed to prohibit any other disclosures required by law.

Front 285

PART 2
GENERAL PROVISIONS

12-43-218. Disclosure of confidential communications.

(6)

Back 285

(6) This section does not apply to covered entities, their business associates, or health oversight agencies, as each is defined in the federal “Health Insurance Portability and Accountability Act of 1996”, as amended by the federal “Health Information Technology for Economic and Clinical Health Act”, and the respective implementing regulations.

Front 286

PART 2
GENERAL PROVISIONS

12-43-219. Article not to restrict other professions.

(1)

Back 286

(1) Nothing in this article 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 such professional is not entitled pursuant to the provisions of this article.

Front 287

PART 2
GENERAL PROVISIONS

12-43-219. Article not to restrict other professions.

(2)

Back 287

(2) No person licensed pursuant to article 38 of this title shall be subject to the jurisdiction of a board created pursuant to this article to the extent such person is under the jurisdiction of the state board of nursing.

Front 288

PART 2
GENERAL PROVISIONS

12-43-220. Data base of licensed and unlicensed psychotherapists-Violation-penalty-data collection-report to sunrise and sunset review committee-repeal. (Repealed).

Back 288

12-43-220. Data base of licensed and unlicensed psychotherapists-Violation-penalty-data collection-report to sunrise and sunset review committee-repeal. (Repealed).

Front 289

PART 2
GENERAL PROVISIONS

12-43-221. Powers and duties of the boards-rules.

(1)

Back 289

(1) In addition to all other powers and duties conferred and imposed upon the boards, as defined in section 12-43-201 (1), 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:

(1a - 1f)

Front 290

PART 2
GENERAL PROVISIONS

12-43-221. Powers and duties of the boards-rules.

(1a)

Back 290

(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.

Front 291

PART 2
GENERAL PROVISIONS

12-43-221. Powers and duties of the boards-rules.

(1b1)

Back 291

(b) (I) To make investigations, hold hearings, and take evidence in accordance with article 4 of title 24, C.R.S., and this article in all matters relating to the exercise and performance of the powers and duties vested in each board.

(b1 - b3)

Front 292

PART 2
GENERAL PROVISIONS

12-43-221. Powers and duties of the boards-rules.

(1b2)

Back 292

(II) Each board, or an administrative law judge acting on the board's behalf, may administer oaths, take affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant papers, books, records, documentary evidence, and materials in any hearing, investigation, accusation, or other matter before the board. Each board may appoint an administrative law judge pursuant to part 10 of article 30 of title 24, C.R.S., to take evidence and to make findings and report them to the board pursuant to paragraph (e) of this subsection (1).

Front 293

PART 2
GENERAL PROVISIONS

12-43-221. Powers and duties of the boards-rules.

(1b3)

Back 293

(III) Upon failure of a witness to comply with a subpoena or process, the district court of the county in which the subpoenaed person or licensee resides or conducts business, upon application by the board with notice to the subpoenaed person or licensee, may issue to the person or licensee an order requiring that person or licensee to appear before the board; to produce the relevant papers, books, records, documentary evidence, or materials if so ordered; or to give evidence touching the matter under investigation or in question. The court may punish the failure to obey the order of the court as a contempt of court.

Front 294

PART 2
GENERAL PROVISIONS

12-43-221. Powers and duties of the boards-rules.

(1c)

 

 

Back 294

(c) To aid the several district attorneys of this state in the enforcement of this article 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 that it reasonably believes involves a criminal violation;

Front 295

PART 2
GENERAL PROVISIONS

12-43-221. Powers and duties of the boards-rules.

(1d)

Back 295

(d) To take disciplinary actions in conformity with this article;

Front 296

PART 2
GENERAL PROVISIONS

12-43-221. Powers and duties of the boards-rules.

(1e)

Back 296

(e) Through the department of regulatory agencies and subject to appropriations made to the department of regulatory agencies, to employ administrative law judges on a full-time or part-time basis to conduct any hearings required by this article. The administrative law judges shall be appointed pursuant to part 10 of article 30 of title 24, C.R.S.

Front 297

PART 2
GENERAL PROVISIONS

12-43-221. Powers and duties of the boards-rules.

(1f)

Back 297

(f) To notify the public of all disciplinary actions taken against licensees, registrants, or certificate holders pursuant to this article.

Front 298

PART 2
GENERAL PROVISIONS

12-43-221. Powers and duties of the boards-rules.

(2)

Back 298

(2) Pursuant to this part 2 and article 4 of title 24, C.R.S., 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.

Front 299

PART 2
GENERAL PROVISIONS

12-43-221.5. Confidential agreement to limit practice-violation grounds for discipline.

(1)

Back 299

(1) If a licensee, registrant, or certificate holder has a physical or mental illness or condition that renders the person unable to practice his or her mental health profession with reasonable skill and with safety to clients, the licensee, registrant, or certificate holder shall notify the board that regulates his or her profession of the illness or condition in a manner and within a period determined by his or her oversight board. The applicable board may require the licensee, registrant, or certificate holder to submit to an examination or refer the licensee, registrant, or certificate holder to a peer health assistance program, if such program exists, to evaluate the extent of the illness or condition and its impact on the licensee's, registrant's, or certificate holder's ability to practice with reasonable skill and with safety to clients.

Front 300

PART 2
GENERAL PROVISIONS

12-43-221.5. Confidential agreement to limit practice-violation grounds for discipline.

(2a)

Back 300

(2) (a) Upon determining that a licensee, registrant, or certificate holder with a physical or mental illness or condition is able to render limited services with reasonable skill and with safety to clients, the applicable board may enter into a confidential agreement with the licensee, registrant, or certificate holder in which the licensee, registrant, or certificate holder agrees to limit his or her practice based on the restrictions imposed by the illness or condition, as determined by the applicable board.

(2a - 2c)

Front 301

PART 2
GENERAL PROVISIONS

12-43-221.5. Confidential agreement to limit practice-violation grounds for discipline.

(2b)

Back 301

(b) As part of the agreement, the licensee, registrant, or certificate holder is subject to periodic reevaluations or monitoring as determined appropriate by the applicable board. The board may refer the licensee, registrant, or certificate holder to a peer assistance health program, if one exists, for reevaluation or monitoring.

Front 302

PART 2
GENERAL PROVISIONS

12-43-221.5. Confidential agreement to limit practice-violation grounds for discipline.

(2c)

Back 302

(c) The parties may modify or dissolve the agreement as necessary based on the results of a reevaluation or of monitoring.

Front 303

PART 2
GENERAL PROVISIONS

12-43-221.5. Confidential agreement to limit practice-violation grounds for discipline.

(3)

Back 303

(3) By entering into an agreement with the applicable board pursuant to this section to limit his or her practice, the licensee, registrant, or certificate holder is not engaging in activities prohibited pursuant to section 12-43-222. The agreement does not constitute a restriction or discipline by the applicable board. However, if the licensee, registrant, or certificate holder fails to comply with the terms of an agreement entered into pursuant to this section, the failure constitutes a prohibited activity pursuant to section 12-43-222 (1) (f), and the licensee, registrant, or certificate holder is subject to discipline in accordance with section 12-43-223.

Front 304

PART 2
GENERAL PROVISIONS

12-43-221.5. Confidential agreement to limit practice-violation grounds for discipline.

(4)

Back 304

(4) This section does not apply to a licensee, registrant, or certificate holder subject to discipline for prohibited activities as described in section 12-43-222 (1) (e).

Front 305

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1)

Back 305

(1) A person licensed, registered, or certified under this article violates this article if the person:

(1a - 1x)

Front 306

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1a)

Back 306

(a) Has been convicted of or pled guilty or nolo contendere to a felony or received a deferred sentence to a felony charge. A certified copy of the judgment of a court of competent jurisdiction of such conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, each board is governed by section 24-5-101, C.R.S.

Front 307

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1b)

Back 307

(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 or rule promulgated pursuant to this article or any order of a board established pursuant to this article;

Front 308

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1c)

Back 308

(c) Has used advertising that is misleading, deceptive, or false;

Front 309

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1d1)

Back 309

(d) (I) Has committed abuse of health insurance pursuant to section 18-13-119, C.R.S.;

Front 310

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1d2)

Back 310

(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, C.R.S.;

Front 311

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1e)

 

 

Back 311

(e) Habitually or excessively uses or abuses alcohol, a habit-forming drug, or a controlled substance, as defined in section 12-22-303;

Front 312

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1f1)

 

 

Back 312

(f) (I) Fails to notify the board that regulates his or her profession of a physical or mental illness or condition 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;

Front 313

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1f2)

Back 313

(II) Fails to act within the limitations created by a physical or mental illness or condition 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

Front 314

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1f3)

Back 314

(III) Fails to comply with the limitations agreed to under a confidential agreement entered pursuant to section 12-43-221.5;

Front 315

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1g1)

Back 315

(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.

Front 316

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(1g2)

Back 316

(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.

Front 317

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(h)

Back 317

(h) Has performed services outside of such person's area of training, experience, or competence;

Front 318

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(i)

Back 318

(i) Has maintained relationships with clients that are likely to impair such person's professional judgment or increase the risk of client exploitation, such as treating employees, supervisees, close colleagues, or relatives;

Front 319

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(j)

 

 

Back 319

(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;

Front 320

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(k)

Back 320

(k) Has failed to terminate a relationship with a client when it was reasonably clear that the client was not benefiting from the relationship and is not likely to gain such benefit in the future;

Front 321

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(l)

 

 

Back 321

(l) Has failed to refer a client to an appropriate practitioner when the problem of the client is beyond such person's training, experience, or competence;

Front 322

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(m)

Back 322

(m) Has failed to obtain a consultation or perform a referral when such failure is not consistent with generally accepted standards of care;

Front 323

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(n)

Back 323

(n) Has failed to render adequate professional supervision of persons practicing pursuant to this article under such person's supervision according to generally accepted standards of practice;

Front 324

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(o)

Back 324

(o) Has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons;

Front 325

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(p)

Back 325

(p) Has failed to comply with any of the requirements pertaining to mandatory disclosure of information to clients pursuant to section 12-43-214;

Front 326

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(q)

Back 326

(q) Has offered or given commissions, rebates, or other forms of remuneration for the referral of clients; except that 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 such agent, including compensation that is paid for the results of performance of such services on a per-patient basis;

Front 327

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(r)

 

 

Back 327

(r) Has engaged in sexual contact, sexual intrusion, or sexual penetration, as defined in section 18-3-401, C.R.S., 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 such a relationship exists;

Front 328

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(s)

 

 

Back 328

(s) Has resorted to fraud, misrepresentation, or deception in applying for or in securing licensure or taking any examination provided for in this article;

Front 329

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(t)

Back 329

(t) Has engaged in any of the following activities and practices:

Front 330

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(t1)

 

 

Back 330

(I) Repeated ordering or performing demonstrably unnecessary laboratory tests or studies without clinical justification for the tests or studies;

Front 331

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(t2)

Back 331

(II) The administration, without clinical justification, of treatment that is demonstrably unnecessary;

Front 332

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GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(t3)

 

 

 

 

Back 332

(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;

Front 333

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GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(t4)

Back 333

(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 subparagraph (IV), a parent or legal guardian may not consent to physical, chemical, or mechanical restraint on behalf of a child or ward.

Front 334

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(u)

Back 334

(u) Has falsified or repeatedly made incorrect essential entries or repeatedly failed to make essential entries on patient records;

Front 335

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(v)

 

 

Back 335

(v) Has committed a fraudulent insurance act, as set forth in section 10-1-128, C.R.S.;

Front 336

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(w)

 

 

Back 336

(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 such activities; or

Front 337

PART 2
GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(x)

Back 337

(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.

Front 338

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GENERAL PROVISIONS

12-43-222. Prohibited activities-related provisions

(2)

Back 338

(2) A disciplinary action relating to a license, registration, or certification to practice a profession licensed, registered, or certified under this article 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 such 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.

Front 339

PART 2
GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(1a)

Back 339

(1) (a) If a licensee, registrant, or certificate holder violates any provision of section 12-43-222, the board that licenses, registers, or certifies the licensee, registrant, or certificate holder may:

(1a - 1b)

Front 340

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GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(1a1)

Back 340

(I) Deny, revoke, or suspend the person's license, registration, or certification;

(1a1 - 1a6)

Front 341

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GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(1a2)

Back 341

(II) Deny, revoke, or suspend the listing of a registered psychotherapist in the state board of registered psychotherapists database;

Front 342

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GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(1a3)

Back 342

(III) Issue a letter of admonition to a licensee, registrant, or certificate holder;

Front 343

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GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(1a4)

Back 343

(IV) Issue a confidential letter of concern to a licensee, registrant, or certificate holder;

Front 344

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GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(1a5)

Back 344

(V) Place a licensee, registrant, or certificate holder on probation; or

Front 345

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GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(1a6)

Back 345

(VI) Apply for an injunction pursuant to section 12-43-227 to enjoin a licensee, registrant, or certificate holder from practicing the profession for which the person is licensed, registered, or certified under this article.

Front 346

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GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(1b)

Back 346

(b) When a licensee, registrant, or certificate holder violates an administrative requirement of this article, 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.

Front 347

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GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(2)

Back 347

(2) (Deleted by amendment, L. 98, p. 1119, § 18, effective July 1, 1998.)

Front 348

PART 2
GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(3)

Back 348

(3) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1287, § 15, effective July 1, 2011.)

Front 349

PART 2
GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(4a)

Back 349

(4) (a) If it appears to a board, based upon credible evidence as presented in a written complaint by any person, that a licensee or registrant is acting in a manner that is an imminent threat to the health and safety of the public, or a person is acting or has acted without the required license or registration, the board may issue an order to cease and desist such activity. The order shall set forth the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unlawful acts or unlicensed or unregistered practices immediately cease.

(4a &4b)

Front 350

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GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(4b)

Back 350

(b) Within ten days after service of the order to cease and desist pursuant to paragraph (a) of this subsection (4), the respondent may request a hearing on the question of whether acts or practices in violation of this article have occurred. Such hearing shall be conducted pursuant to sections 24-4-104 and 24-4-105, C.R.S.

Front 351

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GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(5a)

Back 351

(5) (a) If it appears to a board, based upon credible evidence as presented in a written complaint by any person, that a person has violated any other portion of this article, then, in addition to any specific powers granted pursuant to this article, the board may issue to such person an order to show cause as to why the board should not issue a final order directing such person to cease and desist from the unlawful act or unlicensed or unregistered practice.

(5a & 5b)

Front 352

PART 2
GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(5b)

Back 352

(b) A person against whom an order to show cause has been issued pursuant to paragraph (a) of this subsection (5) shall be promptly notified by the board of the issuance of the order, along with a copy of the order, the factual and legal basis for the order, and the date set by the board for a hearing on the order. Such notice may be served by personal service, by first-class United States mail, postage prepaid, or as may be practicable upon any person against whom such order is issued. Personal service or mailing of an order or document pursuant to this subsection (5) shall constitute notice thereof to the person.

Front 353

PART 2
GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(5c1)

Back 353

(c) (I) The hearing on an order to show cause shall be commenced no sooner than ten and no later than forty-five calendar days after the date of transmission or service of the notification by the board as provided in paragraph (b) of this subsection (5). The hearing may be continued by agreement of all parties based upon the complexity of the matter, number of parties to the matter, and legal issues presented in the matter, but in no event shall the hearing commence later than sixty calendar days after the date of transmission or service of the notification.

(c1 - c5)

Front 354

PART 2
GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(5c2)

Back 354

(II) If a person against whom an order to show cause has been issued pursuant to paragraph (a) of this subsection (5) does not appear at the hearing, a board may present evidence that notification was properly sent or served upon such person pursuant to paragraph (b) of this subsection (5) and such other evidence related to the matter as the board deems appropriate. The board shall issue the order within ten days after such board's determination related to reasonable attempts to notify the respondent, and the order shall become final as to that person by operation of law. Such hearing shall be conducted pursuant to sections 24-4-104 and 24-4-105, C.R.S.

Front 355

PART 2
GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(5c3)

Back 355

(III) If a board reasonably finds that the person against whom the order to show cause was issued is acting or has acted without the required license or registration, or has or is about to engage in acts or practices constituting violations of this article, a final cease-and-desist order may be issued, directing such person to cease and desist from further unlawful acts or unlicensed or unregistered practices.

Front 356

PART 2
GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(5c5)

Back 356

(IV) A board shall provide notice, in the manner set forth in paragraph (b) of this subsection (5), of the final cease-and-desist order within ten calendar days after the hearing conducted pursuant to this paragraph (c) to each person against whom the final order has been issued. The final order issued pursuant to subparagraph (III) of this paragraph (c) shall be effective when issued and shall be a final order for purposes of judicial review.

Front 357

PART 2
GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(6)

Back 357

(6) If it appears to a board, based upon credible evidence presented to the board, that a person has engaged in or is about to engage in any unlicensed or unregistered act or practice, any act or practice constituting a violation of this article, any rule promulgated pursuant to this article, any order issued pursuant to this article, or any act or practice constituting grounds for administrative sanction pursuant to this article, the board may enter into a stipulation with such person.

Front 358

PART 2
GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(7)

Back 358

(7) If any person fails to comply with a final cease-and-desist order or a stipulation, a board may request the attorney general or the district attorney for the judicial district in which the alleged violation exists to bring, and if so requested such attorney shall bring, suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of the final order.

Front 359

PART 2
GENERAL PROVISIONS

12-43-223. Authority of boards-cease-and-desist orders-rules

(8)

Back 359

(8) A person aggrieved by the final cease-and-desist order may seek judicial review of a board's determination or of a board's final order as provided in section 12-43-224 (5).

Front 360

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(1a)

Back 360

(1) (a) 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 12-43-222 or 12-43-226.

(1a - 1c)

Front 361

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(1b)

Back 361

(b) A licensee, registrant, or certificate holder who holds more than one license, registration, or certification pursuant to this article, who has committed any act or failed to act pursuant to the grounds established in section 12-43-222 or 12-43-226, is subject to disciplinary action by all boards that license, register, or certify the person pursuant to this article. 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.

Front 362

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(1c)

 

 

Back 362

(c) If a licensee, registrant, or certificate holder who applies for a license, registration, or certification pursuant to this article has been disciplined by any board created pursuant to this article, 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.

Front 363

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GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(2a)

Back 363

(2) (a) Disciplinary proceedings shall be conducted in the manner prescribed by the “State Administrative Procedure Act”, article 4 of title 24, C.R.S.

(2a - 2f)

Front 364

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GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(2b)

Back 364

(b) Each board, through the department of regulatory agencies, may employ administrative law judges, on a full-time or part-time basis, to conduct hearings as provided by this article or on any matter within the board's jurisdiction upon such conditions and terms as such 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 such board. If a board so elects to refer a case with an assigned advisor and such advisor is a member of the board, the advisor shall be excluded from such 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.

Front 365

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GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(2c1)

 

 

Back 365

(c) (I) Except as provided in subparagraph (II) of this paragraph (c), 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 12-43-222 and 12-43-226 until a hearing has been conducted if required pursuant to section 24-4-105, C.R.S.

(c1&c2)

Front 366

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(2c2)

 

 

Back 366

(II) The board that licenses, registers, or certifies a licensee, registrant, or certificate holder pursuant to this article may summarily suspend the person's license, registration, or certification, subject to the limitation of section 24-4-104, C.R.S., under the following circumstances:
(A) In emergency situations, as provided for by section 24-4-104, C.R.S.;
(B) The licensee, registrant, or certificate holder has been adjudicated by a court of competent jurisdiction as being a person who is gravely disabled, mentally retarded, mentally incompetent, or insane or as a person with a mental illness by a court of competent jurisdiction; or
(C) The licensee, registrant, or certificate holder violates paragraph (e) of this subsection (2).

Front 367

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(2d)

 

 

Back 367

(d) 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 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 such failure, the board may act pursuant to paragraph (c) of this subsection (2) or enjoin a licensee, registrant, or certificate holder pursuant to section 12-43-227 until the person submits to the required examinations.

Front 368

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(2e)

Back 368

(e) 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 and to have waived all objections to the admissibility of the examiner's testimony or examination reports on the ground of privileged communication.

Front 369

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(2f)

Back 369

(f) 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.

Front 370

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3)

Back 370

(3) Disciplinary actions may consist of the following:

(3a - 3f)

Front 371

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3a1)

Back 371

(a) Revocation of a license, registration, or certification. (I) Revocation of a license, registration, or certification by a board means that the licensee, registrant, or certificate holder shall surrender his or her license, registration, or certification.

(3a1&3a2)

Front 372

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GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3a2)

Back 372

(II) Any person whose license, registration, or certification to practice is revoked is ineligible to apply for any license, registration, or certification issued under this article for at least three years after the date of surrender of the license, registration, or certification. Any reapplication after such three-year period is treated as a new application.

Front 373

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3b)

Back 373

(b) Suspension of a license, registration, or certification. Suspension of a license, registration, or certification by the board that licenses, registers, or certifies such licensee, registrant, or certificate holder pursuant to this article is for a period to be determined by the applicable board.

Front 374

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3c)

Back 374

(c) 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:

(3c1 - 3c4)

Front 375

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3c1)

Back 375

(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;

Front 376

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3c2)

Back 376

(II) Participation in therapy or courses of training or education the board determines necessary to correct deficiencies found either in the hearing or by such examinations;

Front 377

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3c3)

Back 377

(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

Front 378

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3c4)

Back 378

(IV) The imposition of restrictions upon the nature of the person's practice to assure that he or she does not practice beyond the limits of his or her capabilities.

Front 379

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3d)

Back 379

(d) Issuance of letters of admonition.

Front 380

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3d1)

Back 380

(I) When a complaint or investigation discloses an instance of misconduct that, in the opinion of the board, does not warrant formal action by the board but that should not be dismissed as being without merit, a letter of admonition may be issued and sent, by certified mail, to the licensee, registrant, or certificate holder.

Front 381

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3d2)

Back 381

(II) When a letter of admonition is sent by the board, by certified mail, to a licensee, registrant, or certificate holder, the letter also must advise the person that he or she has the right to request, in writing within twenty days after receipt of the letter, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based.

Front 382

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3d3)

Back 382

(III) If the request for adjudication is timely made, the letter of admonition is vacated and the matter shall be processed by means of formal disciplinary proceedings.

Front 383

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3e)

Back 383

(e) Issuance of confidential letters of concern. When a complaint or investigation discloses an instance of conduct that does not warrant formal action by the board but indicates to the board conduct by the licensee, registrant, or certificate holder that could lead to serious consequences if not corrected, the board may issue and send to the licensee, registrant, or certificate holder a confidential letter of concern. 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 such a letter or its contents to members of the public or in any court action unless the board is a party to the action.

Front 384

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(3f)

 

 

Back 384

(f) Deferred settlement or judgment. When a complaint or investigation discloses an instance of misconduct that, in the opinion of the board, warrants formal action, the complaint shall not be resolved by a deferred settlement, action, judgment, or prosecution.

Front 385

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(4a)

Back 385

(4) (a) Except as provided in paragraph (b) of this subsection (4), 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, C.R.S.

(4a - 4c)

Front 386

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(4b)

Back 386

(b) The exemption from the open records law specified in paragraph (a) of this subsection (4) does not apply:

(4b1&4b2)

Front 387

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(4b1)

Back 387

(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

Front 388

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(4b2)

Back 388

(II) Upon final agency action.

Front 389

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(4c)

Back 389

(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 such persons' confidentiality.

Front 390

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(5)

Back 390

(5) Final board actions and orders appropriate for judicial review may be judicially reviewed in the court of appeals, and judicial proceedings for the enforcement of a board order may be instituted in accordance with section 24-4-106 (11), C.R.S.

Front 391

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(6)

Back 391

(6) (Deleted by amendment, L. 98, p. 1120, § 18, effective July 1, 1998.)

Front 392

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(7)

Back 392

(7) 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 such matter.

Front 393

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(8)

Back 393

(8) 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 of the judgment or settlement within sixty days after the disposition.

Front 394

PART 2
GENERAL PROVISIONS

12-43-224. Disciplinary proceedings-judicial review-mental and physical examinations-multiple licenses.

(9)

Back 394

(9) Any licensee, registrant, or certificate holder who has direct knowledge that a licensee, registrant, or certificate holder has violated section 12-43-222 or 12-43-226 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 unless reporting the violation would violate the prohibition against disclosure of confidential information without client consent pursuant to section 12-43-218.

 

 

Front 395

PART 2
GENERAL PROVISIONS

12-43-225. Reconsideration and review of action of a board. 

Back 395

A board, on its own motion or upon application, at any time after the imposition of any discipline as provided in section 12-43-224, may reconsider its prior action and reinstate or restore such 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. 

Front 396

PART 2
GENERAL PROVISIONS

12-43-226. Unauthorized practice-penalties. 

 

(1)

Back 396

(1) Repealed. 

Front 397

PART 2
GENERAL PROVISIONS

12-43-226. Unauthorized practice-penalties. 

 

(2)

Back 397

(2) 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 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., for the first offense. Any person who commits a second or any subsequent offense commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S. 

Front 398

PART 2
GENERAL PROVISIONS

12-43-226. Unauthorized practice-penalties. 

 

(3)

Back 398

(3) Repealed. 

Front 399

PART 2
GENERAL PROVISIONS

12-43-226. Unauthorized practice-penalties. 

 

(4)

 

Back 399

(4) 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. 

Front 400

PART 2
GENERAL PROVISIONS

12-43-226. Unauthorized practice-penalties. 

 

(5)

 

Back 400

(5) When an individual has been the recipient of services prohibited by this article, whether or not such person knew that the rendition of the services were unlawful: 

Front 401

PART 2
GENERAL PROVISIONS

12-43-226. Unauthorized practice-penalties. 

 

(5a)

 

Back 401

(a) Such person or such person's personal representative is entitled to recover the amount of any fee paid for the services; and 

Front 402

PART 2
GENERAL PROVISIONS

12-43-226. Unauthorized practice-penalties. 

 

(5b)

 

Back 402

(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. 

Front 403

PART 2
GENERAL PROVISIONS

12-43-227. Injunctive proceedings. 

 

(1)

 

Back 403

(1) A board may, in the name of the people of the state of Colorado, through the attorney general of the state of Colorado, apply for an injunction in any court of competent jurisdiction: 

Front 404

PART 2
GENERAL PROVISIONS

12-43-227. Injunctive proceedings. 

 

(1a)

Back 404

(a) To enjoin any person licensed, registered, or certified by that board pursuant to this article from committing any act prohibited by this article; 

Front 405

PART 2
GENERAL PROVISIONS

12-43-227. Injunctive proceedings. 

 

(1b)

Back 405

(b) To enjoin 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 if the person has violated section 12-43-224 (2) (d) or 12-43-222. 

Front 406

PART 2
GENERAL PROVISIONS

12-43-227. Injunctive proceedings. 

 

(1c)

Back 406

(c) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1309, § 37, effective July 1, 2011.) 

Front 407

PART 2
GENERAL PROVISIONS

12-43-227. Injunctive proceedings. 

 

(2)

Back 407

(2) If the board demonstrates that the defendant has been or is committing any act prohibited by this article, 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. 

Front 408

PART 2
GENERAL PROVISIONS

12-43-227. Injunctive proceedings. 

 

(3)

Back 408

(3) Injunctive proceedings are in addition to, and not in lieu of, penalties and other remedies provided in this article. 

Front 409

PART 2
GENERAL PROVISIONS

12-43-227. Injunctive proceedings. 

 

(4)

Back 409

(4) When seeking an injunction under this section, a board is not required to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from a continued violation. 

Front 410

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1a)

Back 410

(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 may adjust the maximum fee amount on January 1, 2013, and annually thereafter to reflect changes in the United States bureau of statistics consumer price index for the Denver-Boulder consolidated metropolitan statistical area for all urban consumers or goods, or its successor index. The fee shall be forwarded 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. 

Front 411

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1b)

Back 411

(b) The director, in consultation with the boards, shall select one or more peer health assistance programs as designated providers. 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: 

Front 412

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1b1)

Back 412

(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; 

Front 413

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1b2)

Back 413

(II) Offer assistance to a mental health professional in identifying physical, emotional, or psychological conditions; 

Front 414

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1b3)

Back 414

(III) Evaluate the extent of physical, emotional, or psychological conditions and refer the mental health professional for appropriate treatment; 

Front 415

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1b4)

Back 415

(IV) Monitor the status of a mental health professional who has been referred for treatment; 

Front 416

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1b5)

Back 416

(V) Provide counseling and support for the mental health professional and for the family of any mental health professional referred for treatment; 

Front 417

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1b6)

Back 417

(VI) Agree to receive referrals from the board; and 

Front 418

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1b7)

Back 418

(VII) Agree to take its services available to all licensed, registered, or certified mental health professionals. 

Front 419

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1c)

Back 419

(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 are related to mental health professions, mental health professional education, mental health research and science, and other mental health charitable purposes. 

Front 420

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1d)

Back 420

(d) The administering entity shall: 

Front 421

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1d1)

Back 421

(I) Distribute the moneys collected by the division, less expenses, to the designated provider, as directed by the director; 

Front 422

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1d2)

Back 422

(II) Provide an annual accounting to the division of all amounts collected, expenses incurred, and amounts disbursed; and 

Front 423

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1d3)

Back 423

(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. 

Front 424

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(1e)

Back 424

(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. 

Front 425

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(2a)

Back 425

(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 12-43-223(6) 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 are to be promptly reported to the board and that such failure will result in disciplinary action by the board. 

Front 426

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(2b)

Back 426

(b) Notwithstanding sections 12-43-223, 12-43-224, and 24-4-104, C.R.S., 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. 

Front 427

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(2c)

Back 427

(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 or the rules of the board, except in those instances affected by the mental health professional's physical, emotional, or psychological conditions. 

Front 428

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(3)

Back 428

(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, C.R.S., 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 such mental health professional was performing duties as an employee of the state. 

Front 429

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(4)

Back 429

(4) The boards may promulgate rules necessary to implement this section. The boards and the director shall seek and obtain input from representatives of each type of mental health professional regulated under this article in the development of the peer health assistance program and related rules. 

Front 430

PART 2
GENERAL PROVISIONS

12-43-227.5. Mental health professional peer health assistance program-fees-administration-rules. 

 

(5)

Back 430

(5) As used in this section, “mental health professional” means a psychologist, social worker, marriage and family therapist, licensed professional counselor, psychotherapist, or addiction counselor regulated under this article. 

Front 431

PART 2
GENERAL PROVISIONS

12-43-228. Minimum standards for testing. 

 

(1)

Back 431

(1) Every person licensed, registered, or certified under this article 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: 

Front 432

PART 2
GENERAL PROVISIONS

12-43-228. Minimum standards for testing. 

 

(1a)

Back 432

(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. 

Front 433

PART 2
GENERAL PROVISIONS

12-43-228. Minimum standards for testing. 

 

(1b)

Back 433

(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. Such tests include, but are not limited to, tests of general intelligence, special aptitudes, temperament, values, interests, and personality inventories. 

Front 434

PART 2
GENERAL PROVISIONS

12-43-228. Minimum standards for testing. 

 

(1c)

Back 434

(c) Advanced use. A licensee, registrant, or certificate holder must meet all the requirements of paragraph (b) of this subsection (1) 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 paragraph (c) in order to practice projective testing, neuropsychological testing, or use of a battery of three or more tests to: 

Front 435

PART 2
GENERAL PROVISIONS

12-43-228. Minimum standards for testing. 

 

(1c1)

Back 435

(I) Determine the presence, nature, causation, or extent of psychosis, dementia, amnesia, cognitive impairment, influence of deficits on competence, and ability to function adaptively; 

Front 436

PART 2
GENERAL PROVISIONS

12-43-228. Minimum standards for testing. 

 

(1c2)

Back 436

(II) Determine the etiology or causative factors contributing to psychological dysfunction, criminal behavior, vocational disability, neurocognitive dysfunction, or competence; or 

Front 437

PART 2
GENERAL PROVISIONS

12-43-228. Minimum standards for testing. 

 

(1c3)

Back 437

(III) Predict the psychological responses to specific medical, surgical, and behavioral interventions. 

Front 438

PART 2
GENERAL PROVISIONS

12-43-228. Minimum standards for testing. 

 

(2)

Back 438

(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 12-43-224 or 12-43-227. 

Front 439

PART 2
GENERAL PROVISIONS

12-43-228. Minimum standards for testing. 

 

(3)

Back 439

(3) (Deleted by amendment, L. 2011, (SB 11-87), ch. 285, p. 1310, § 38, effective July 1, 2011.) 

Front 440

PART 2
GENERAL PROVISIONS

12-43-229. Repeal of article. 

 

(1)

Back 440

(1) This article is repealed, effective September 1, 2020. Prior to such 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 shall be reviewed as provided for in section 24-34-104, C.R.S. 

Front 441

PART 2
GENERAL PROVISIONS

12-43-229. Repeal of article. 

 

(2)

Back 441

(2) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1274, § 1, effective July 1, 2011.) 

Front 442

PART 3 

PSYCHOLOGISTS 

12-43-301. Definitions. 

 

As used in this part 3, unless the context otherwise requires: 

 

(1)

Back 442

(1) “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. 

Front 443

PART 3 

PSYCHOLOGISTS 

12-43-301. Definitions. 

 

(2)

Back 443

(2) “Board” means the state board of psychologist examiners created by section 12-43-302 (1). 

Front 444

PART 3 

PSYCHOLOGISTS 

12-43-301. Definitions. 

 

(3)

Back 444

(3) Repealed. 

Front 445

PART 3 

PSYCHOLOGISTS 

12-43-301. Definitions. 

 

(4)

Back 445

(4) “License” means a certificate of licensure as a licensed psychologist. 

Front 446

PART 3 

PSYCHOLOGISTS 

12-43-301. Definitions. 

 

(5)

Back 446

(5) Repealed. 

Front 447

PART 3 

PSYCHOLOGISTS 

12-43-301. Definitions. 

 

(6)

Back 447

(6) “Licensed psychologist” means a person licensed under this part 3. 

Front 448

PART 3 

PSYCHOLOGISTS 

12-43-301. Definitions. 

 

(7)

Back 448

(7) Repealed. 

Front 449

PART 3 

PSYCHOLOGISTS 

12-43-301. Definitions. 

 

(8)

Back 449

(8) “Professional psychological training program” means a doctoral training program that: 

Front 450

PART 3 

PSYCHOLOGISTS 

12-43-301. Definitions. 

 

(8a)

Back 450

(a) Is a planned program of study that reflects an integration of the science and practice of psychology; and 

Front 451

PART 3 

PSYCHOLOGISTS 

12-43-301. Definitions. 

 

(8b)

Back 451

(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 providers in psychology, or is accredited by the American psychological association or Canadian psychological association. 

Front 452

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(1)

Back 452

(1) There is hereby created a state board of psychologist examiners under the supervision and control of the division of registrations of the department of regulatory agencies, created in section 24-1-122 (2) (g), C.R.S. 

Front 453

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(2)

Back 453

(2) The board consists of seven members who are citizens of the United States and residents of the state of Colorado as follows: 

Front 454

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(2a)

Back 454

(a) Four board members must be licensed psychologists, at least two of whom shall be engaged in the direct practice of psychology; except that, if, after a good-faith attempt, the governor determines that an applicant for membership on the board pursuant to this paragraph (a) who is engaged in the direct practice of psychology 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. 

Front 455

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(2b)

Back 455

(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 such conflicts with their duties as board members. 

Front 456

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(3)

Back 456

(3) (Deleted by amendment, L. 2007, p. 130, § 1, effective Aug. 3, 2007.) 

Front 457

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(4a)

Back 457

(4) (a) Each board member shall hold office until the expiration of such member's appointed term or until a successor is duly appointed. Except as specified in paragraph (b) of this subsection (4), 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 such member. 

Front 458

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(4b)

Back 458

(b) The terms of office of the members on the board are modified as follows in order to ensure staggered terms of office: 

Front 459

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(4b1)

Back 459

(I) The second term of office of the licensed psychologist board member and one of the two board members representing the general public, whose second term would otherwise expire on June 30, 2010, shall expire on May 31, 2008, and the governor shall appoint one new licensed psychologist and one new representative of the general public to serve terms as described in paragraph (a) of this subsection (4) commencing on June 1, 2008. 

Front 460

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(4b2)

Back 460

(II) The initial term of office of the one board member representing the general public whose initial term would otherwise expire on June 30, 2009, shall expire on May 31, 2009, and the board member is eligible to serve one additional four-year term commencing on June 1, 2009, and expiring on May 31, 2013. On and after the expiration of this board member's term or a vacancy in this position, the governor shall appoint a licensed psychologist to this position on the board, who is eligible to serve terms as described in paragraph (a) of this subsection (4) commencing on June 1 of the applicable year. 

Front 461

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(4b3)

Back 461

(III) The initial term of office of one of the two licensed psychologist board members whose initial term would otherwise expire on June 30, 2010, shall expire on May 31, 2009. This board member shall be eligible to serve one additional four-year term, commencing on June 1, 2009, and expiring on May 31, 2013. On and after the expiration of this board member's term, persons appointed to this position on the board shall serve terms as described in paragraph (a) of this subsection (4) commencing on June 1 of the applicable year. 

Front 462

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(4b4)

Back 462

(IV) The initial terms of office of the remaining licensed psychologist board member and the other board member representing the general public, whose initial terms would otherwise expire on June 30, 2010, shall expire on May 31, 2010. Each of these board members shall be eligible to serve one additional four-year term commencing on June 1, 2010, and expiring on May 31, 2014. On and after the expiration of these board members' terms, persons appointed to these positions on the board shall serve terms as described in paragraph (a) of this subsection (4) commencing on June 1 of the applicable year. 

Front 463

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(4b5)

Back 463

(V) The second term of office of the remaining board member representing the general public whose second term would otherwise expire on June 30, 2010, shall expire on May 31, 2010. The governor shall appoint one new representative of the general public to serve terms as described in paragraph (a) of this subsection (4) commencing on June 1, 2010.   

Front 464

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(5)

Back 464

(5) 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. 

Front 465

PART 3 

PSYCHOLOGISTS 

12-43-302. State board of psychologist examiners. 

 

(6)

Back 465

(6) Each board member shall receive a certificate of appointment from the governor. 

Front 466

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(1)

Back 466

(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: 

Front 467

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(1a)

Back 467

(a) Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior; 

Front 468

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(1b)

Back 468

(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 

Front 469

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(1c)

Back 469

(c) Providing clinical information to be utilized in legal proceedings. 

Front 470

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(2)

Back 470

(2) The practice of psychology includes: 

Front 471

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(2a)

Back 471

(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; 

Front 472

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(2b)

Back 472

(b) Counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; 

Front 473

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(2c)

Back 473

(c) Diagnosis, treatment, and management of mental and emotional disorder or disability, substance use disorders, disorders of habit or conduct, as well as of the psychological aspects of physical illness, accident, injury, or disability; 

Front 474

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(2d)

Back 474

(d) Psychoeducational evaluation, therapy, and remediation; 

Front 475

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(2e)

Back 475

(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; 

Front 476

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(2f)

Back 476

  (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 

Front 477

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(2g)

Back 477

(g) The supervision of any of the practices described in this subsection (2 

Front 478

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(2h)

Back 478

(h) to (l) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1311, § 41, effective July 1, 2011.) 

Front 479

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(3)

Back 479

(3) Psychological services may be rendered to individuals, families, groups, organizations, institutions, the public, and the courts. 

Front 480

PART 3 

PSYCHOLOGISTS 

12-43-303. Practice of psychology defined. 

 

(4)

Back 480

(4) The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered. 

Front 481

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1)

Back 481

(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 12-43-204, and furnishes evidence satisfactory to the board that he or she: 

Front 482

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1a)

Back 482

(a) Is at least twenty-one years of age; 

Front 483

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1b)

Back 483

(b) Is not in violation of any provision of this article or any rules promulgated by the board; 

Front 484

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1c)

Back 484

(c) Holds a doctorate degree with a major in psychology, or the equivalent to such major as determined by the board, from an approved school; 

Front 485

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1d)

Back 485

(d) Has had at least one year of postdoctoral experience practicing psychology under supervision approved by the board; and 

Front 486

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1e)

Back 486

(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. 

Front 487

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1.5a)

Back 487

(1.5) (a) The examination by the board described in paragraph (e) of subsection (1) 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. 

Front 488

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1.5b)

Back 488

(b) The examination shall test for knowledge of the following three areas: 

Front 489

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1.5b1)

Back 489

(I) General psychology; 

Front 490

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1.5b2)

Back 490

(II) Clinical and counseling psychology; and 

Front 491

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1.5b3)

Back 491

(III) Application of the practice of clinical and counseling psychology, including knowledge of appropriate statutes and professional ethics. 

Front 492

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(1.5c)

Back 492

(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. 

Front 493

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(2)

Back 493

(Deleted by amendment, L. 2007, p. 137, § 1, effective, July 1, 2007.) 

Front 494

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(3)

Back 494

(Deleted by amendment, L. 2007, p. 137, § 1, effective, July 1, 2007.) 

Front 495

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(4)

Back 495

(Deleted by amendment, L. 2007, p. 137, § 1, effective, July 1, 2007.) 

Front 496

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(5)

Back 496

(Deleted by amendment, L. 2007, p. 137, § 1, effective, July 1, 2007.) 

Front 497

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(6)

Back 497

(Deleted by amendment, L. 2007, p. 137, § 1, effective, July 1, 2007.) 

Front 498

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(7a)

Back 498

(7) (a) The board shall register as a psychologist candidate a person who files an application for registration, accompanied by the fee required by section 12-43-204, and who: 

Front 499

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(7a1)

Back 499

(I) Submits evidence satisfactory to the board that he or she has met the requirements of paragraphs (a), (b), and (c) of subsection (1) of this section; and 

Front 500

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(7a2)

Back 500

(II) Has not been previously registered as a psychologist candidate by the board. 

Front 501

PART 3 

PSYCHOLOGISTS

12-43-304. Qualifications-examinations-licensure. 

 

(7b)

Back 501

(b) A psychologist candidate registered pursuant to this subsection (7) is not required to register with the database of registered psychotherapists pursuant to section 12-43-702.5, and is under the jurisdiction of the state board of psychologist examiners. If the requirements of paragraphs (d) and (e) of subsection (1) of this section are not met within four years, the registration of the psychologist candidate expires and is not renewable unless the board, in its discretion, grants the candidate an extension. A person whose psychologist candidate registration expires is not precluded from applying for licensure or registration with any other mental health board for which the person is qualified. 

Front 502

PART 3 

PSYCHOLOGISTS

12-43-305. Rights and privileges of licensure. 

 

(1)

Back 502

(1) Any person who possesses a valid, unsuspended, and unrevoked license as a licensed psychologist has the right to: 

Front 503

PART 3 

PSYCHOLOGISTS

12-43-305. Rights and privileges of licensure. 

 

(1a)

Back 503

(a) Engage in the private, independent practice of psychology; 

Front 504

PART 3 

PSYCHOLOGISTS

12-43-305. Rights and privileges of licensure. 

 

(1b)

Back 504

(b) Practice and supervise psychology practice; and 

Front 505

PART 3 

PSYCHOLOGISTS

12-43-305. Rights and privileges of licensure. 

 

(1c)

Back 505

(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 such title or terms is a licensed psychologist. 

Front 506

PART 3 

PSYCHOLOGISTS

12-43-305. Rights and privileges of licensure. 

 

(2)

Back 506

(2) Any person duly licensed as a psychologist shall not be required to obtain any other license or certification to practice psychology as defined in section 12-43-303 unless otherwise required by the board. 

Front 507

PART 3 

PSYCHOLOGISTS

12-43-306. Exemptions. 

 

(1)

Back 507

(1) Nothing in this part 3 shall be construed to prevent the teaching of psychology, or the conduct of psychological research, if such 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 such services without regard to the source or extent of payment for services rendered. Nothing in this part 3 shall prevent the provision of expert testimony by psychologists who are exempted by this part 3. Persons holding 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). 

Front 508

PART 3 

PSYCHOLOGISTS

12-43-306. Exemptions. 

 

(2)

Back 508

(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. 

Front 509

PART 3 

PSYCHOLOGISTS

12-43-306. Exemptions. 

 

(3)

Back 509

(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 such person remains in the employment of the same institution or agency and only in the course of conducting duties for such agency or institution. 

Front 510

PART 3 

PSYCHOLOGISTS

12-43-306. Exemptions. 

 

(4)

Back 510

(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 such services do not include the clinical practice of psychology. 

Front 511

PART 3 

PSYCHOLOGISTS

12-43-306. Exemptions. 

 

(5)

Back 511

(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.   

Front 512

PART 3 

PSYCHOLOGISTS

12-43-306. Exemptions. 

 

(6)

Back 512

(6) Nothing in this part 3 prevents the practice of psychotherapy by persons registered with the state board of registered psychotherapists pursuant to section 12-43-702.5. 

Front 513

PART 3 

PSYCHOLOGISTS

12-43-306. Exemptions. 

 

(7)

Back 513

(7) No person may engage in the practice of psychology as a psychologist, or refer to himself or herself as a psychologist, unless such person is licensed pursuant to this part 3. 

Front 514

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

As used in this part 4, unless the context otherwise requires: 

 

(1)

Back 514

(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. 

Front 515

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

(2)

Back 515

(2) “Board” means the state board of social work examiners, created in section 12-43-402. 

Front 516

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

(3)

Back 516

(3) Repealed. 

Front 517

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

(4)

Back 517

(4) “Clinical social work practice” shall have the same meaning as “social work practice” as defined in section 12-43-403. 

Front 518

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

(5)

Back 518

(5) “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. 

Front 519

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

(5.5)

Back 519

(5.5) “Independent practice” means practicing independent of supervision. 

Front 520

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

(6)

Back 520

(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. 

Front 521

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

(7)

Back 521

(7) “Licensed clinical social worker” means any person licensed under the provisions of this part 4 as a clinical social worker. 

Front 522

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

(8)

Back 522

(8) “Licensed social worker” means a person licensed under this part 4 as a licensed social worker. 

Front 523

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

(9)

Back 523

(9) Repealed. 

Front 524

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

(10)

Back 524

(10) (Deleted by amendment, L. 2004, p. 912, § 10, effective July 1, 2004.) 

Front 525

PART 4 

SOCIAL WORKERS 

12-43-401. Definitions. 

 

(11)

Back 525

(11) “Social worker” means a person who possesses 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 12-43-403. 

Front 526

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(1)

Back 526

(1) There is hereby created under the supervision and control of the division of registrations of the department of regulatory agencies the state board of social work examiners, which shall consist of seven members who are citizens of the United States and residents of the state of Colorado. 

Front 527

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(2a)

Back 527

(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 paragraph (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. 

Front 528

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(2b)

Back 528

(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 such conflicts with his or her duties as a board member. 

Front 529

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(3a)

Back 529

(3) (a) Each board member shall hold office until the expiration of such member's appointed term or until a successor is duly appointed. Except as specified in paragraph (b) of this subsection (3), 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 remainder of the unexpired term of such member. 

Front 530

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(3b)

Back 530

(b) The terms of office of the members on the board are modified as follows in order to ensure staggered terms of office: 

Front 531

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(3b1)

Back 531

(I) The second term of office of one of the two licensed clinical social worker board members who, as of July 25, 2010, would have served two four-year terms shall expire on June 30, 2008, and the governor shall appoint a new licensed clinical social worker to serve terms as described in paragraph (a) of this subsection (3) commencing on July 1, 2008. 

Front 532

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(3b2)

Back 532

(II) The initial term of office of one of the board members representing the general public whose initial term would otherwise expire on July 25, 2010, expires on June 30, 2008, and the board member is eligible to serve one additional four-year term commencing on July 1, 2008, and expiring on June 30, 2012. On and after the expiration of this board member's term or a vacancy in this position, the governor shall appoint a licensed clinical social worker to this position on the board, who is eligible to serve terms as described in paragraph (a) of this subsection (3) commencing on July 1 of the applicable year. 

Front 533

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(3b3)

Back 533

(III) The term of office of the one member representing the general public who, as of July 25, 2009, would have served one full four-year term and one partial four-year term shall expire on June 30, 2009, and the member shall be eligible to serve one additional four-year term commencing on July 1, 2009, and expiring on June 30, 2013. On and after the expiration of this board member's term, persons appointed to this position on the board shall serve terms as described in paragraph (a) of this subsection (3) commencing on July 1 of the applicable year. 

Front 534

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(3b4)

Back 534

(IV) The term of office of the one licensed clinical social worker board member who, as of July 25, 2010, would have served one full four-year term and one partial four-year term shall expire on June 30, 2009, and the board member shall be eligible to serve one additional four-year term commencing on July 1, 2009, and expiring on June 30, 2013. On and after the expiration of this board member's term, persons appointed to this position on the board shall serve terms as described in paragraph (a) of this subsection (3) commencing on July 1 of the applicable year. 

Front 535

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(3b5)

Back 535

(V) The initial terms of office of the one remaining licensed clinical social worker board member and the two remaining board members representing the general public whose initial terms would otherwise expire on July 25, 2010, shall expire on June 30, 2010, and each of these board members shall be eligible to serve one additional four-year term, commencing on July 1, 2010, and expiring on June 30, 2014. On and after the expiration of these board members' terms, persons appointed to these positions on the board shall serve terms as described in paragraph (a) of this subsection (3) commencing on July 1 of the applicable year. 

Front 536

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(4)

Back 536

(4) (Deleted by amendment, L. 2007, p. 132, § 2, effective Aug. 3, 2007.) 

Front 537

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(5)

Back 537

(5) 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. 

Front 538

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(6)

Back 538

(6) Each board member shall receive a certificate of appointment from the governor. 

Front 539

PART 4 

SOCIAL WORKERS 

12-43-402. State board of social work examiners. 

 

(7)

Back 539

(7) When professional judgment specific to clinical practice is required in the review of alleged violations of section 12-43-222, the board may appoint an advisory committee of clinical practitioners to review and make recommendations to the board. 

Front 540

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(1)

Back 540

(1) For the purposes of this part 4, “social work practice” means the professional application of social work theory and methods by a graduate with 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 alcohol and substance abuse 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. 

Front 541

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2)

Back 541

(2) Professional social work practice may include, but is not limited to: 

Front 542

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2a)

Back 542

(a) Assessment; 

Front 543

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2b)

Back 543

(b) Differential diagnosis; 

Front 544

 

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2c)

Back 544

(c) Treatment planning and evaluation; 

Front 545

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2d)

Back 545

(d) Measurement of psychosocial functioning; 

Front 546

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2e)

Back 546

(e) Crisis intervention, out-reach, short- and long-term treatment; 

Front 547

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2f)

Back 547

(f) Therapeutic, individual, marital, and family interventions; 

Front 548

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2g)

Back 548

(g) Client education; 

Front 549

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2h)

Back 549

(h) Case management; 

Front 550

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2i)

Back 550

(i) Mediation; 

Front 551

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2j)

Back 551

(j) Advocacy; 

Front 552

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2k)

Back 552

(k) Discharge, referral, and continuity of care planning and implementation; 

Front 553

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2l)

Back 553

(l) Consultation; 

Front 554

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2m)

Back 554

(m) Supervision; 

Front 555

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2n)

Back 555

(n) Research; 

Front 556

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2o)

Back 556

(o) Management and administration; 

Front 557

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2p)

Back 557

(p) Program evaluation and education; 

Front 558

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2q)

Back 558

(q) Social group work; 

Front 559

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2r)

Back 559

(r) Community organization and development; 

Front 560

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2s)

Back 560

(s) Social policy analysis and development; 

Front 561

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2t)

Back 561

(t) Psychotherapy;

Front 562

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2u)

Back 562

(u) Consultation, supervision, and teaching in higher education; and 

Front 563

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(2v)

Back 563

(v) Counseling. 

Front 564

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(3)

Back 564

(3) Social work practice may take place in a public or private agency or institutional, educational, or independent setting. 

Front 565

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4)

Back 565

(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: 

Front 566

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4a)

Back 566

(a) Apply critical thinking skills within professional contexts, including synthesizing and applying appropriate theories and knowledge to practice interventions; 

Front 567

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4b)

Back 567

(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; 

Front 568

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4c)

Back 568

(c) Demonstrate the professional use of self; 

Front 569

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4d)

Back 569

(d) Understand the forms and mechanisms of oppression and discrimination and the strategies and skills of change that advance social and economic justice; 

Front 570

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4e)

Back 570

(e) Understand and interpret the history of the social work profession and its current structure and issues; 

Front 571

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4f)

Back 571

(f) Apply the knowledge and skills of a generalist social work perspective to practice with systems of all sizes; 

Front 572

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4g)

Back 572

(g) Apply the knowledge and skills of advanced social work practice in an area of concentration; 

Front 573

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4h)

Back 573

(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; 

Front 574

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4i)

Back 574

(i) Analyze the impact of social policies on client systems, workers, and agencies and demonstrate skills for influencing policy formulation and change; 

Front 575

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4j)

Back 575

(j) Evaluate relevant research studies and apply findings to practice, and demonstrate skills in quantitative research design, data analysis, and knowledge dissemination; 

Front 576

576

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4k)

Back 576

(k) Conduct empirical evaluations of their own practice interventions and those of other relevant systems; and 

Front 577

PART 4 

SOCIAL WORKERS 

12-43-403. Social work practice defined. 

 

(4l)

Back 577

(l) Use communication skills differentially with a variety of client populations, colleagues, and members of the community. 

Front 578

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(1)

Back 578

(1) The board shall license as a licensed social worker any person who files an application in a form and manner required by the board, submits the fee required by the board pursuant to section 12-43-204, and submits evidence satisfactory to the board that he or she: 

Front 579

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(1a)

Back 579

(a) Is at least twenty-one years of age; 

Front 580

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(1b)

Back 580

(b) Has obtained a master's degree from a graduate school of social work; and 

Front 581

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(1c)

Back 581

(c) Demonstrates professional competence by satisfactorily passing an examination in social work as prescribed by the board and a jurisprudence examination administered by the division. 

Front 582

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(2a)

Back 582

(a) Is at least twenty-one years of age; 

Front 583

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(2b)

Back 583

(b) Has obtained a master's or doctorate degree from a graduate school of social work; 

Front 584

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(2c)

Back 584

(c) Has practiced social work for at least two years under the supervision of a licensed clinical social worker, which practice includes training and work experience in the area of clinical social work practice; and 

Front 585

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(2d)

Back 585

(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. 

Front 586

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(2.5a)

Back 586

(2.5) (a) The board or its designated representative shall give the examination described in paragraph (c) of subsection (1) of this section and in paragraph (d) of subsection (2) of this section at least twice per year at a time and place and under the supervision determined by the board. 

Front 587

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(2.5b)

Back 587

(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. 

Front 588

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(3)

Back 588

(Deleted by amendment, L. 2004, p. 914, § 13, effective July 1, 2004.) 

Front 589

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(4)

Back 589

(Deleted by amendment, L. 2007, p. 138, § 2, effective July 1, 2007.) 

Front 590

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(5)

Back 590

(Deleted by amendment, L. 2007, p. 138, § 2, effective July 1, 2007.) 

Front 591

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(6)

Back 591

(Deleted by amendment, L. 2007, p. 138, § 2, effective July 1, 2007.) 

Front 592

PART 4 

SOCIAL WORKERS 

12-43-404. Qualifications-examination-licensure and registration. 

 

(7)

Back 592

(7) (Deleted by amendment, L. 2004, p. 914, § 13, effective July 1, 2004.)