Colorado State Board Of Marriage And Family Therapist Rules And Regulations Part Ii.

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PART 4

SOCIAL WORKERS

12-43-405. Rights and privileges of licensure and a social work degree.

(1)

Back 1

(1) Any person who possesses a valid, unsuspended, and unrevoked license as a social worker that was issued pursuant to section 12-43-404 has the right to practice social work under supervision and use the title “licensed social worker”, “social worker”, and the abbreviation “LSW”. No other person shall assume these titles or use these abbreviations on any work or letter, sign,

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PART 4

SOCIAL WORKERS

12-43-405. Rights and privileges of licensure and a social work degree.

(2)

Back 2

(2) Any person who possesses a valid, unsuspended, and unrevoked license as a clinical social worker that was granted pursuant to section 12-43-404 is entitled to engage in the private, independent practice of clinical social work and has the right to practice and supervise clinical social work practice and use the title “licensed clinical social worker”, “clinical social worker”, “social worker”, or “licensed social worker”, and the abbreviation “LCSW”. No other person shall assume these titles or use these abbreviations on any work or letter, sign, figure, or device to indicate that the person using the same is a licensed clinical social worker or social worker.

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PART 4

SOCIAL WORKERS

12-43-405. Rights and privileges of licensure and a social work degree.

(3a)

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(3) (a) (Deleted by amendment, L. 2005, p. 128, § 8, effective August 8, 2005.)

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PART 4

SOCIAL WORKERS

12-43-405. Rights and privileges of licensure and a social work degree.

(3b)

Back 4

(b) Any person engaged in providing medically related social services in skilled nursing or nursing care facilities shall not be subject to the requirements of this article so long as that person meets the qualifications of, and provides services in accordance with, the federal regulations governing the medicare and medicaid program participation of these facilities and the Colorado department of public health and environment's regulations for the licensing of these facilities.

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PART 4

SOCIAL WORKERS

12-43-405. Rights and privileges of licensure and a social work degree.

(4)

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(4) Any person duly licensed as a licensed clinical social worker or any person under the supervision of a licensed clinical social worker shall not be required to obtain any other license or certification to practice social work, as defined in section 12-43-403, unless otherwise required by the board of social work examiners.

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PART 4

SOCIAL WORKERS

12-43-405. Rights and privileges of licensure and a social work degree.

(5)

Back 6

(5) Any person possessing an earned master's or bachelor's degree in social work from a social work education program accredited by the council on social work education, or a doctoral degree in social work from a doctoral program within a social work education program accredited by the council on social work education has the right to practice social work and to use the title “social worker”. Only a person licensed as a clinical social worker or practicing under the supervision of a licensed clinical social worker may assert that he or she is practicing clinical social work or use the title of “clinical social worker”.

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PART 4

SOCIAL WORKERS

12-43-406. Scope of part.

(1)

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(1) The practice of social work includes, but is not limited to, the following professional services: Assessment; differential diagnosis; treatment planning and evaluation; measurement of psychosocial functioning; crisis intervention; out-reach; short- and long-term treatment; psychotherapy; therapeutic intervention; client education; case management; mediation; advocacy; discharge, referral, and continuity of care planning; consultation; supervision; research; administration; education; social-group work; community organization; and social policy analysis and development. Social work practice also may encompass other current or developing modalities and techniques that are consistent with this scope.

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PART 4

SOCIAL WORKERS

12-43-406. Scope of part.

(2)

Back 8

(2) No person may state that he or she is engaged in the practice of social work as a social worker, or refer to himself or herself as a social worker, unless the person is licensed pursuant to this part 4 or possesses an earned social work degree, as defined in section 12-43-401 (11). No person may practice as a clinical social worker unless licensed pursuant to section 12-43-404 (2) or licensed to practice social work and supervised pursuant to section 12-43-404 (1) or (2).

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PART 4

SOCIAL WORKERS

12-43-406. Scope of part.

(3)

Back 9

(3) No person may supervise the practice of social work for the purpose of licensure compliance or disciplinary proceedings unless licensed pursuant to section 12-43-404; except that, in cases where no LCSW is available for supervision for licensure, the licensee may apply to the board for approval to be supervised by a person with equivalent experience as determined by the board.

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PART 4

SOCIAL WORKERS

12-43-406. Scope of part.

(4)

Back 10

(4) Nothing in this part 4 shall be construed to prevent members of other professions licensed under the laws of this state from rendering services within the scope of practice so long as they do not represent themselves to be social workers or their services as social work.

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PART 4

SOCIAL WORKERS

12-43-406. Scope of part.

(5)

Back 11

(5) Nothing in this part 4 prevents the practice of psychotherapy by persons registered with the state board of registered psychotherapists pursuant to section 12-43-702.5.

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PART 4

SOCIAL WORKERS

12-43-407. Exemptions.

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

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PART 4

SOCIAL WORKERS

12-43-408. School social workers.

Back 13

(Repealed).

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PART 4

SOCIAL WORKERS

12-43-409. Clinical social work practice of psychotherapy.

Back 14

For the purpose of licensure, the practice, under this part 4, of psychotherapy and other clinical activities within the definition of social work practice in section 12-43-403 is limited to licensed clinical social workers or licensed social workers supervised by licensed clinical social workers.

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PART 4

SOCIAL WORKERS

12-43-410. Employees of social services.

(1)

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(1) Notwithstanding the exemption in section 12-43-215 (3), an employee of the department of human services, employee of a county department of social services, or personnel under the direct control or supervision of such departments, shall not state that he or she is engaged in the practice of social work as a social worker or refer to himself or herself as a social worker unless the person is licensed pursuant to this part 4 or possesses an earned social work degree, as defined in section 12-43-401 (11).

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PART 4

SOCIAL WORKERS

12-43-410. Employees of social services.

(2)

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(2) Notwithstanding the exemption in section 12-43-215 (3), any employee licensed pursuant to this article who is terminated from employment by the department of human services or a county department of social services is subject to review and disciplinary action by the board that licenses or regulates the employee.

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PART 4

SOCIAL WORKERS

12-43-410. Employees of social services.

(3)

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(3) An employee of the state department of human services or a county department of social services who has earned a bachelor's or master's degree in social work may apply to the board, for purposes related to licensure under this part 4, for approval for supervision by a person other than a licensed clinical social worker. The board shall consider input from representatives of the state department of human services and the county departments of social services when promulgating the rule concerning what qualifications or experience a person is required to possess in order to supervise an employee pursuant to this subsection (3).

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PART 4

SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(1a)

Back 18

(1) (a) In accordance with section 12-43-404, the board issues a license to practice as a clinical social worker or a social worker based on whether the applicant satisfies minimum educational and experience requirements that demonstrate professional competency to practice as a licensed clinical social worker or a licensed social worker, respectively. After a license is issued to an applicant, the licensed clinical social worker or licensed social worker shall maintain continuing professional competency to practice as a licensed clinical social worker or licensed social worker, respectively.

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SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(1b)

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(b) The board shall adopt rules establishing a continuing professional competency program that includes, at a minimum, the following elements:

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SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(1b1)

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(I) A self-assessment of the knowledge and skills of a licensed clinical social worker or licensed social worker seeking to renew or reinstate a license;

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SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(1b2)

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(II) Development, execution, and documentation of a learning plan based on the assessment; and

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PART 4

SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(1b3)

Back 22

(III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession. Nothing in this subparagraph (III) shall require a licensed clinical social worker or a licensed social worker to retake any examination required pursuant to section 12-43-404 in connection with initial licensure.

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PART 4

SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(1c)

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(c) The board shall establish that a licensed clinical social worker or licensed social worker is deemed to satisfy the continuing competency requirements of this section if the licensed clinical social worker or licensed social worker meets the continued professional competence requirements of one of the following entities:

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SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(1c1)

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(I) A state department, including continued professional competence requirements imposed through a contractual arrangement with a provider;

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SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(1c2)

Back 25

(II) An accrediting body recognized by the board; or

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PART 4

SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(1c3)

Back 26

(III) An entity approved by the board.

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PART 4

SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(1d1)

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(d) (I) After the program is established, licensed clinical social workers and licensed social workers shall satisfy the requirements of the program in order to renew or reinstate a license to practice as a licensed clinical social worker or as a licensed social worker in Colorado.

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PART 4

SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(1d2)

Back 28

(II) The requirements of this section apply to individual licensed clinical social workers or licensed social workers who are licensed pursuant to this part 4, and nothing in this section shall be construed to require a person who employs or contracts with a licensed clinical social worker or licensed social worker to comply with the requirements of this section.

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PART 4

SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(2a)

Back 29

(2) (a) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a licensed clinical social worker or a licensed social worker. The records or documents shall be used only by the board for purposes of determining whether a licensed clinical social worker or licensed social worker is maintaining continuing professional competency to engage in the profession.

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PART 4

SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(2b)

Back 30

(b) Subject to the requirements of paragraph (a) of this subsection (2), nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed clinical social worker or licensed social worker.

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PART 4

SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(3)

Back 31

(3) As used in this section, “continuing professional competency” means the ongoing ability of a licensee to learn, integrate, and apply the knowledge, skill, and judgment to practice as a licensed clinical social worker or as a licensed social worker, as applicable, according to generally accepted industry standards and professional ethical standards in a designated role and setting.

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PART 4

SOCIAL WORKERS

12-43-411. Continuing professional competency-board rules-repeal.

(4)

Back 32

(4) This section is repealed, effective July 1, 2014.

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PART 5

MARRIAGE AND FAMILY THERAPISTS

12-43-501. Definitions.

As used in this part 5, unless the context otherwise requires:

(1)

Back 33

(1) “Approved school” means any university or other institution of higher education offering a full-time graduate course of study in marriage and family therapy accredited by the commission on accreditation for marriage and family therapy education, a nationally recognized accrediting agency as determined by the board, or a substantially equivalent program approved by the board.

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MARRIAGE AND FAMILY THERAPISTS

12-43-501. Definitions.

(2)

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(2) “Board” means the state board of marriage and family therapist examiners created in section 12-43-502.

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MARRIAGE AND FAMILY THERAPISTS

12-43-501. Definitions.

(3)

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(3) Repealed.

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MARRIAGE AND FAMILY THERAPISTS

12-43-501. Definitions.

(4)

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(4) “Licensed marriage and family therapist” means a person licensed under the provisions of this part 5.

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PART 5

MARRIAGE AND FAMILY THERAPISTS

12-43-501. Definitions.

(5)

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(5) Repealed.

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PART 5

MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(1)

Back 38

(1) There is hereby created 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., the state board of marriage and family therapist examiners, which shall consist of seven members who are citizens of the United States and residents of the state of Colorado.

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PART 5

MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(2a)

Back 39

(2) (a) The members of the board shall be appointed by the governor as follows:

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MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(2a1)

Back 40

(I) Three members of the general public who are not regulated by this article; and

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PART 5

MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(2a2)

Back 41

(II) Four marriage and family therapists.

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MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(2b)

Back 42

(b) The public members shall have never been a marriage and family therapist, an applicant or former applicant for licensure as a marriage and family therapist, a member of another mental health profession, or a member of a household that includes a marriage and family therapist or a member of another mental health profession or otherwise have conflicts of interest or the appearance of such conflicts with his or her duties as a board member.

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MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(2c)

Back 43

(c) (Deleted by amendment, L. 2004, p. 916, § 17, effective July 1, 2004.)

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PART 5

MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(3)

Back 44

(3) (Deleted by amendment, L. 2007, p. 133, § 3, effective Aug. 3, 2007.)

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PART 5

MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(4a)

Back 45

(4) (a) Each board member shall hold office until the expiration of his or her appointed term or until a successor is duly appointed. Except as specified in paragraph (b) of this subsection (4), members shall serve terms of four years, and no member shall serve more than two full consecutive terms. When the term of each board member expires, the governor shall appoint his or her successor for a term of four years. Any vacancy occurring in the board membership other than by the expiration of a term shall be filled by the governor by appointment for the remainder of the unexpired term of such member.

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MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(4b)

Back 46

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

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PART 5

MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(4b1)

Back 47

(I) The second term of office of one of the board members representing the general public whose second term would otherwise expire on August 12, 2010, shall expire on July 31, 2008. 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 August 1 of the applicable year.

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MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(4b2)

Back 48

(II) The initial term of office of one of the marriage and family therapist board members whose initial term would otherwise expire on August 12, 2010, shall expire on July 31, 2008, and the board member shall be eligible to serve one additional four-year term commencing on August 1, 2008, and expiring on July 31, 2012. 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 August 1 of the applicable year.

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MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(4b3)

Back 49

(III) The term of office of the one board member representing the general public who, as of August 12, 2009, would have served one full four-year term and one partial four-year term expires on July 31, 2009. This board member is eligible to serve one additional four-year term commencing on August 1, 2009, and expiring on July 31, 2013. On and after the expiration of this board member's term or a vacancy in this position, the governor shall appoint a marriage and family therapist to this position on the board, who is eligible to serve terms as described in paragraph (a) of this subsection (4) commencing on August 1 of the applicable year.

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PART 5

MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(4b4)

Back 50

(IV) The initial term of office of one of the marriage and family therapist board members whose initial term would otherwise expire on August 12, 2010, shall expire on July 31, 2009, and the board member shall be eligible to serve one additional four-year term commencing August 1, 2009, and expiring on July 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 August 1 of the applicable year.

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MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(4b5)

Back 51

(V) The initial term of office of one of the marriage and family therapist board members whose initial term of office would otherwise expire on August 12, 2010, shall expire on July 31, 2010, and the board member shall be eligible to serve one additional four-year term commencing on August 1, 2010, and expiring on July 31, 2014. 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 August 1 of the applicable year.

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MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(4b6)

Back 52

(VI) The second term of office of one of the board members representing the general public whose second term would otherwise expire on August 12, 2010, shall expire on July 31, 2010, and 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 August 1, 2010.

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MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(4b7)

Back 53

(VII) The term of office of the one board member representing the general public who, as of August 12, 2010, would have served one full four-year term and one partial four-year term shall expire on July 31, 2010. This board member shall be eligible to serve one additional four-year term commencing on August 1, 2010, and expiring on July 31, 2014. 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 August 1 of the applicable year.

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MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(5)

Back 54

(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.

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MARRIAGE AND FAMILY THERAPISTS

12-43-502. State board of marriage and family therapist examiners.

(6)

Back 55

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

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PART 5

MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(1)

Back 56

(1) For the purposes of this part 5, “marriage and family therapy practice” means the rendering of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a monetary fee. Marriage and family therapy utilizes established principles that recognize the interrelated nature of individual problems and dysfunctions to assess, understand, diagnose, and treat emotional and mental problems, alcohol and substance abuse, and domestic violence, and modify intrapersonal and interpersonal dysfunctions.

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MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(2)

Back 57

(2) Professional marriage and family therapy practice may include, but is not limited to:

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MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(2a)

Back 58

(a) Assessment and testing;

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MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(2b)

Back 59

(b) Diagnosis;

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MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(2c)

Back 60

(c) Treatment planning and evaluation;

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MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(2d)

Back 61

(d) Therapeutic individual, marital, family, group, or organizational interventions;

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MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(2e)

Back 62

(e) Psychotherapy;

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MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(2f)

Back 63

(f) Client education;

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MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(2g)

Back 64

(g) Consultation; and

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MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(2h)

Back 65

(h) Supervision.

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MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(3)

Back 66

(3) Professional marriage and family therapy practice includes practicing within the values and ethics of the marriage and family therapy profession.

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MARRIAGE AND FAMILY THERAPISTS

12-43-503. Marriage and family therapy practice defined.

(4)

Back 67

(4) This definition is to be interpreted in a manner that does not impinge upon or otherwise limit the scope of practice of other psychotherapists licensed under this article.

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(1)

Back 68

(1) The board shall issue a license as a marriage and family therapist to each applicant who files an application in a form and manner required by the board, submits the fee required by the board pursuant to section 12-43-204, and furnishes evidence satisfactory to the board that he or she:

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(1a)

Back 69

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

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(1b)

Back 70

(b) Is not in violation of any provision of this article or any rule adopted under this article;

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(1c)

Back 71

(c) Holds a master's or doctoral degree from an accredited school or college in marriage and family therapy or its equivalent as determined by the board, such degree to include a practicum or internship in the principles and practice of marriage and family therapy;

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(1d)

Back 72

(d) Subsequent to receiving his or her master's or doctoral degree, has had at least two years of post-master's or one year postdoctoral practice in individual and marriage and family therapy, including at least one thousand five hundred hours of face-to-face direct client contact as determined by the board for the purpose of assessment and intervention under board-approved supervision; and

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(1e)

Back 73

(e) Demonstrates professional competence by passing an examination in marriage and family therapy prescribed by the board and a jurisprudence examination administered by the division.

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(2)

Back 74

(2) (Deleted by amendment, L. 2007, p.139, § 3, effective July 1, 2007.)

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(3)

Back 75

(3) 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.

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(4)

Back 76

(4) The board or its designated representatives shall administer and determine the pass or fail status of the examination and take any actions necessary to ensure impartiality. The board shall determine the passing score for the examination based upon a level of minimum competency to engage in marriage and family therapy practice.

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(5a)

Back 77

(5) (a) The board shall register as a marriage and family therapist candidate a person who:

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(5a1)

Back 78

(I) Files an application for registration, accompanied by the fee as required by section 12-43-204;

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(5a2)

Back 79

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

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(5a3)

Back 80

(III) Has not been previously registered as a marriage and family therapist candidate by the board.

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MARRIAGE AND FAMILY THERAPISTS

12-43-504. Qualifications-examination-licensure and registration.

(5b)

Back 81

(b) A marriage and family therapist candidate who registers with the board pursuant to this subsection (5) is under the jurisdiction of the board and is not required to register with the database of registered psychotherapists pursuant to section 12-43-702.5.

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12-43-504. Qualifications-examination-licensure and registration.

(5c)

Back 82

(c) If a candidate does not meet the requirements of paragraphs (d) and (e) of subsection (1) of this section within four years after initial registration, the candidate's registration expires and is not renewable, unless the board, in its discretion, grants the candidate an extension. A person whose marriage and family therapist candidate registration expires is not precluded from applying to this board or to any other board for licensure or registration in a mental health profession for which the person is qualified.

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MARRIAGE AND FAMILY THERAPISTS

12-43-505. Rights and privileges of licensure and registration.

(1)

Back 83

(1) Any person who possesses a valid, unsuspended, and unrevoked license as a licensed marriage and family therapist pursuant to section 12-43-504 has the right to engage in the private, independent practice of marriage and family therapy and has the right to practice and supervise marriage and family therapy practice and use the title “licensed marriage and family therapist” and the abbreviation “LMFT”. No other person shall assume these titles or use these abbreviations on any work or letter, sign, figure, or device to indicate that the person using the same is a licensed marriage and family therapist.

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MARRIAGE AND FAMILY THERAPISTS

12-43-505. Rights and privileges of licensure and registration.

(2)

Back 84

(2) No person may engage in the practice of marriage and family therapy unless such person is licensed pursuant to this part 5.

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MARRIAGE AND FAMILY THERAPISTS

12-43-505. Rights and privileges of licensure and registration.

(3)

Back 85

(3) Any person duly licensed as a licensed marriage and family therapist shall not be required to obtain any other license or certification to practice marriage and family therapy as defined in section 12-43-503 unless otherwise required by the board of marriage and family therapist examiners.

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MARRIAGE AND FAMILY THERAPISTS

12-43-505. Rights and privileges of licensure and registration.

(4)

Back 86

(4) Nothing in this part 5 shall be construed to prevent members of other professions licensed under the laws of this state from rendering services within the scope of practice as set out in the statutes regulating their professional practices, provided that they do not represent themselves to be marriage and family therapists, or their services as marriage and family therapy.

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MARRIAGE AND FAMILY THERAPISTS

12-43-505. Rights and privileges of licensure and registration.

(5)

Back 87

(5) Nothing in this part 5 prevents the practice of psychotherapy by persons registered with the state board of registered psychotherapists pursuant to section 12-43-702.5.

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PART 5

MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(1a)

Back 88

(1) (a) In accordance with section 12-43-504, the board issues a license to practice marriage and family therapy based on whether the applicant satisfies minimum educational and experience requirements that demonstrate professional competency to practice marriage and family therapy. After a license is issued to an applicant, the licensed marriage and family therapist shall maintain continuing professional competency to practice marriage and family therapy.

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MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(1b)

Back 89

(b) The board shall adopt rules establishing a continuing professional competency program that includes, at a minimum, the following elements:

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MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(1b1)

Back 90

(I) A self-assessment of the knowledge and skills of a licensed marriage and family therapist seeking to renew or reinstate a license;

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MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(1b2)

Back 91

(II) Development, execution, and documentation of a learning plan based on the assessment; and

Front 92

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MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(1b3)

Back 92

(III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession. Nothing in this subparagraph (III) shall require a licensed marriage and family therapist to retake any examination required pursuant to section 12-43-504 in connection with initial licensure.

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MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(1c)

Back 93

(c) The board shall establish that a licensed marriage and family therapist is deemed to satisfy the continuing competency requirements of this section if the licensed marriage and family therapist meets the continued professional competence requirements of one of the following entities:

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MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(1c1)

Back 94

(I) A state department, including continued professional competence requirements imposed through a contractual arrangement with a provider;

Front 95

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MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(1c2)

Back 95

(II) An accrediting body recognized by the board; or

Front 96

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MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(1c3)

Back 96

(III) An entity approved by the board.

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12-43-506. Continuing professional competency-board rules-repeal.

(1d1)

Back 97

(d) (I) After the program is established, a licensed marriage and family therapist shall satisfy the requirements of the program in order to renew or reinstate a license to practice marriage and family therapy in Colorado.

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12-43-506. Continuing professional competency-board rules-repeal.

(1d2)

Back 98

(II) The requirements of this section apply to individual marriage and family therapists who are licensed pursuant to this part 5, and nothing in this section shall be construed to require a person who employs or contracts with a licensed marriage and family therapist to comply with the requirements of this section.

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MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(2a)

Back 99

(2) (a) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a licensed marriage and family therapist. The records or documents shall be used only by the board for purposes of determining whether a licensed marriage and family therapist is maintaining continuing professional competency to engage in the profession.

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MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(2b)

Back 100

(b) Subject to the requirements of paragraph (a) of this subsection (2), nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed marriage and family therapist.

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MARRIAGE AND FAMILY THERAPISTS

12-43-506. Continuing professional competency-board rules-repeal.

(3)

Back 101

(3) As used in this section, “continuing professional competency” means the ongoing ability of a licensee to learn, integrate, and apply the knowledge, skill, and judgment to practice as a marriage and family therapist according to generally accepted industry standards and professional ethical standards in a designated role and setting.

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12-43-506. Continuing professional competency-board rules-repeal.

(4)

Back 102

(4) This section is repealed, effective July 1, 2014.

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PART 6

LICENSED PROFESSIONAL COUNSELORS

12-43-601. Definitions.

As used in this part 6, unless the context otherwise requires:

(1)

Back 103

(1) “Board” means the state board of licensed professional counselor examiners, created in section 12-43-602.

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LICENSED PROFESSIONAL COUNSELORS

12-43-601. Definitions.

(2)

Back 104

(2) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1317, § 53, eff. July 1, 2011.)

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LICENSED PROFESSIONAL COUNSELORS

12-43-601. Definitions.

(3)

Back 105

(3) Repealed.

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12-43-601. Definitions.

(4)

Back 106

(4) “Licensed professional counselor” means a professional counselor who practices professional counseling and who is licensed pursuant to this part 6.

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LICENSED PROFESSIONAL COUNSELORS

12-43-601. Definitions.

(5)

Back 107

(5) (Deleted by amendment, L. 2011, (SB 11-187), Ch. 285, p. 1317, § 53, effective July 1, 2011.)

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12-43-601. Definitions.

(6)

Back 108

(6) “School or college” means any university or other institution of higher education offering a full-time graduate course of study in professional counseling approved by appropriate national organizations accrediting professional counselor education programs or a substantially equivalent program approved by the board.

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12-43-602. State board of licensed professional counselor examiners.

(1)

Back 109

(1) There is hereby created the state board of licensed professional counselor 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. The board shall consist of seven members who are citizens of the United States and residents of the state of Colorado.

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12-43-602. State board of licensed professional counselor examiners.

(2a)

Back 110

(2) (a) The members of the board shall be appointed by the governor as follows:

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12-43-602. State board of licensed professional counselor examiners.

(2a1)

Back 111

(I) Three members of the general public who are not regulated under this article; and

Front 112

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LICENSED PROFESSIONAL COUNSELORS

12-43-602. State board of licensed professional counselor examiners.

(2a2)

Back 112

(II) Four licensed professional counselors.

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12-43-602. State board of licensed professional counselor examiners.

(2b)

Back 113

(b) The public members shall have never been a licensed professional counselor, an applicant or former applicant for licensure as a licensed professional counselor, a member of another mental health profession, or a member of a household that includes a licensed professional counselor or a member of another mental health profession or otherwise have conflicts of interest or the appearance of such conflicts with his or her duties as a board member.

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12-43-602. State board of licensed professional counselor examiners.

(2c)

Back 114

(c) (Deleted by amendment, L. 2004, p. 917, § 19, effective July 1, 2004.)

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LICENSED PROFESSIONAL COUNSELORS

12-43-602. State board of licensed professional counselor examiners.

(3)

Back 115

(3) (Deleted by amendment, L. 2007, p. 135, § 4, effective Aug. 3, 2007.)

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LICENSED PROFESSIONAL COUNSELORS

12-43-602. State board of licensed professional counselor examiners.

(4a)

Back 116

(4) (a) Each member shall hold office until the expiration of his or her appointed term or until a successor is duly appointed. Except as specified in paragraph (b) of this subsection (4), members shall serve terms of four years, and no member shall serve more than two full consecutive terms. When the term of each board member expires, the governor shall appoint his or her successor for a term of four years. Any vacancy occurring in the board membership other than by the expiration of a term shall be filled by the governor by appointment for the unexpired term of such member.

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12-43-602. State board of licensed professional counselor examiners.

(4b)

Back 117

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

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LICENSED PROFESSIONAL COUNSELORS

12-43-602. State board of licensed professional counselor examiners.

(4b1)

Back 118

(I) The terms of office of the one licensed professional counselor board member and one of the board members representing the general public who, as of September 12, 2010, would have served one full four-year term and one partial four-year term shall expire on August 31, 2008. Each of these board members shall be eligible to serve one additional four-year term, commencing on September 1, 2008, and expiring on August 31, 2012. 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 September 1 of the applicable year.

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12-43-602. State board of licensed professional counselor examiners.

(4b2)

Back 119

(II) The term of office of the one board member representing the public whose initial term would otherwise expire on September 12, 2009, expires on August 31, 2009, and the board member is eligible to serve one additional four-year term, commencing on September 1, 2009, and expiring on August 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 professional counselor to this position on the board, who is eligible to serve terms as described in paragraph (a) of this subsection (4) commencing on September 1 of the applicable year.

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12-43-602. State board of licensed professional counselor examiners.

(4b3)

Back 120

(III) The initial term of office of one of the two licensed professional counselor board members whose initial term of office would otherwise expire on September 12, 2010, shall expire on August 31, 2009. This board member shall be eligible to serve one additional four-year term commencing on September 1, 2009, and expiring on August 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 September 1 of the applicable year.

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12-43-602. State board of licensed professional counselor examiners.

(4b4)

Back 121

(IV) The initial terms of office of the two remaining board members representing the general public and the one remaining licensed professional counselor whose initial terms would otherwise expire on September 12, 2010, shall expire on August 31, 2010. Each of these board members shall be eligible to serve one additional four-year term commencing on September 1, 2010, and expiring on August 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 September 1 of the applicable year.

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12-43-602. State board of licensed professional counselor examiners.

(5)

Back 122

(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.

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12-43-602. State board of licensed professional counselor examiners.

(6)

Back 123

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

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12-43-602.5. Practice of licensed professional counseling defined.

(1)

Back 124

(1) For purposes of this part 6, “practice of licensed professional counseling” means the application of mental health, psychological, or human development principles through cognitive, affective, behavioral, or systematic intervention strategies that address wellness, personal growth, or career development, as well as pathology. A licensed professional counselor may render the application of these principles to individuals, couples, families, or groups.

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12-43-602.5. Practice of licensed professional counseling defined.

(2)

Back 125

(2) The practice of professional counseling may include:

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12-43-602.5. Practice of licensed professional counseling defined.

(2a)

Back 126

(a) Evaluation;

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12-43-602.5. Practice of licensed professional counseling defined.

(2b)

Back 127

(b) Assessment;

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12-43-602.5. Practice of licensed professional counseling defined.

(2c)

Back 128

(c) Testing;

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12-43-602.5. Practice of licensed professional counseling defined.

(2d)

Back 129

(d) Diagnosis;

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12-43-602.5. Practice of licensed professional counseling defined.

(2e)

Back 130

(e) Treatment or intervention;

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12-43-602.5. Practice of licensed professional counseling defined.

(2f)

Back 131

(f) Planning;

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12-43-602.5. Practice of licensed professional counseling defined.

(2g)

Back 132

(g) Consultation;

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12-43-602.5. Practice of licensed professional counseling defined.

(2h)

Back 133

(h) Case management;

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12-43-602.5. Practice of licensed professional counseling defined.

(2i)

Back 134

(i) Education;

Front 135

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12-43-602.5. Practice of licensed professional counseling defined.

(2j)

Back 135

(j) Supervision;

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12-43-602.5. Practice of licensed professional counseling defined.

(2k)

Back 136

(k) Psychotherapy;

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12-43-602.5. Practice of licensed professional counseling defined.

(2l)

Back 137

(l) Research;

Front 138

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12-43-602.5. Practice of licensed professional counseling defined.

(2m)

Back 138

(m) Referral; and

Front 139

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LICENSED PROFESSIONAL COUNSELORS

12-43-602.5. Practice of licensed professional counseling defined.

(2n)

Back 139

(n) Crisis intervention.

Front 140

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LICENSED PROFESSIONAL COUNSELORS

12-43-603. Licensure-examination-licensed professional counselors.

(1)

Back 140

(1) The board shall issue a license as a licensed professional counselor to each applicant who files an application in a form and manner required by the board, submits the fee required by the board pursuant to section 12-43-204, and furnishes evidence satisfactory to the board that he or she:

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12-43-603. Licensure-examination-licensed professional counselors.

(1a)

Back 141

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

Front 142

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LICENSED PROFESSIONAL COUNSELORS

12-43-603. Licensure-examination-licensed professional counselors.

(1b)

Back 142

(b) Is not in violation of any provision of this article or any rule adopted under this article;

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12-43-603. Licensure-examination-licensed professional counselors.

(1c)

Back 143

(c) Holds a master's or doctoral degree in professional counseling from an accredited school or college or an equivalent program as determined by the board. Such degree or program shall include a practicum or internship in the principles and the practice of professional counseling.

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12-43-603. Licensure-examination-licensed professional counselors.

(1d)

Back 144

(d) Has at least two years of post-master's practice or one year of postdoctoral practice in licensed professional counseling under supervision approved by the board; and

Front 145

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12-43-603. Licensure-examination-licensed professional counselors.

(1e)

Back 145

(e) Demonstrates professional competence by passing an examination in professional counseling demonstrating special knowledge and skill in licensed professional counseling as prescribed by the board and a jurisprudence examination administered by the division.

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12-43-603. Licensure-examination-licensed professional counselors.

(2)

Back 146

(2) (Deleted by amendment, L. 2007, p. 140, § 4, effective July 1, 2007.)

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LICENSED PROFESSIONAL COUNSELORS

12-43-603. Licensure-examination-licensed professional counselors.

(3)

Back 147

(3) 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.

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12-43-603. Licensure-examination-licensed professional counselors.

(4)

Back 148

(4) The board or its designated representatives shall administer and determine the pass or fail status of the examination and take any actions necessary to ensure impartiality. The board shall determine the passing score for the examination based upon a level of minimum competency to engage in the practice of licensed professional counseling.

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12-43-603. Licensure-examination-licensed professional counselors.

(5a)

Back 149

(5) (a) The board shall register as a licensed professional counselor candidate a person who:

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LICENSED PROFESSIONAL COUNSELORS

12-43-603. Licensure-examination-licensed professional counselors.

(5a1)

Back 150

(I) Files an application for registration, accompanied by the fee as required by section 12-43-204;

Front 151

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12-43-603. Licensure-examination-licensed professional counselors.

(5a2)

Back 151

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

Front 152

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12-43-603. Licensure-examination-licensed professional counselors.

(5a3)

Back 152

(III) Has not been previously registered as a licensed professional counselor candidate by the board.

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12-43-603. Licensure-examination-licensed professional counselors.

(5b)

Back 153

(b) A licensed professional counselor candidate who registers with the state board of licensed professional counselor examiners pursuant to this subsection (5) is under the jurisdiction of the board and is not required to register with the database of registered psychotherapists pursuant to section 12-43-702.5.

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LICENSED PROFESSIONAL COUNSELORS

12-43-603. Licensure-examination-licensed professional counselors.

(5c)

Back 154

(c) If a candidate does not meet the requirements of paragraphs (d) and (e) of subsection (1) of this section within four years after initial registration, the candidate's registration expires and is not renewable, unless the board, in its discretion, grants the candidate an extension. A person whose licensed professional counselor candidate registration expires is not precluded from applying to this board or to any other board for licensure or registration in a mental health profession for which the person is qualified.

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LICENSED PROFESSIONAL COUNSELORS

12-43-604. Rights and privileges of licensure.

(1)

Back 155

(1) Any person who possesses a valid, unsuspended, and unrevoked license as a licensed professional counselor has the right to use the title for which he or she is licensed pursuant to section 12-43-603. A licensed professional counselor licensed pursuant to section 12-43-603 has the right to use the abbreviation “LPC”. No other person shall assume this title or use this abbreviation on any work or letter, sign, figure, or device to indicate that the person using the same is a licensed professional counselor.

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LICENSED PROFESSIONAL COUNSELORS

12-43-604. Rights and privileges of licensure.

(2)

Back 156

(2) Any person duly licensed as a licensed professional counselor is not required to obtain any other license or certification to practice professional counseling unless otherwise required by the board of licensed professional counselor examiners.

Front 157

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LICENSED PROFESSIONAL COUNSELORS

12-43-604. Rights and privileges of licensure.

(3)

Back 157

(3) Nothing in this act shall be construed to prevent members of other professions licensed under the laws of this state from rendering services within the scope of practice as set out in the statutes regulating their professional practices, provided that they do not represent themselves to be professional counselors, or their services as professional counseling.

Front 158

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LICENSED PROFESSIONAL COUNSELORS

12-43-604. Rights and privileges of licensure.

(4)

Back 158

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

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12-43-605. Continuing professional competency-board rules-repeal.

(1a)

Back 159

(1) (a) In accordance with section 12-43-603, the board issues a license to practice professional counseling based on whether the applicant satisfies minimum educational and experience requirements that demonstrate professional competency to practice professional counseling. After a license is issued to an applicant, the licensed professional counselor shall maintain continuing professional competency to practice professional counseling.

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12-43-605. Continuing professional competency-board rules-repeal.

(1b)

Back 160

(b) The board shall adopt rules establishing a continuing professional competency program that includes, at a minimum, the following elements:

Front 161

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LICENSED PROFESSIONAL COUNSELORS

12-43-605. Continuing professional competency-board rules-repeal.

(1b1)

Back 161

(I) A self-assessment of the knowledge and skills of a licensed professional counselor seeking to renew or reinstate a license;

Front 162

PART 6

LICENSED PROFESSIONAL COUNSELORS

12-43-605. Continuing professional competency-board rules-repeal.

(1b2)

Back 162

(II) Development, execution, and documentation of a learning plan based on the assessment; and

Front 163

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LICENSED PROFESSIONAL COUNSELORS

12-43-605. Continuing professional competency-board rules-repeal.

(1b3)

Back 163

(III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession. Nothing in this subparagraph (III) shall require a licensed professional counselor to retake any examination required pursuant to section 12-43-603 in connection with initial licensure.

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12-43-605. Continuing professional competency-board rules-repeal.

(1c)

Back 164

(c) The board shall establish that a licensed professional counselor is deemed to satisfy the continuing competency requirements of this section if the licensed professional counselor meets the continued professional competence requirements of one of the following entities:

Front 165

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12-43-605. Continuing professional competency-board rules-repeal.

(1c1)

Back 165

(I) A state department, including continued professional competence requirements imposed through a contractual arrangement with a provider;

Front 166

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LICENSED PROFESSIONAL COUNSELORS

12-43-605. Continuing professional competency-board rules-repeal.

(1c2)

Back 166

(II) An accrediting body recognized by the board; or

Front 167

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LICENSED PROFESSIONAL COUNSELORS

12-43-605. Continuing professional competency-board rules-repeal.

(1c3)

Back 167

(III) An entity approved by the board.

Front 168

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LICENSED PROFESSIONAL COUNSELORS

12-43-605. Continuing professional competency-board rules-repeal.

(1d1)

Back 168

(d) (I) After the program is established, a licensed professional counselor shall satisfy the requirements of the program in order to renew or reinstate a license to practice professional counseling in Colorado.

Front 169

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12-43-605. Continuing professional competency-board rules-repeal.

(1d2)

Back 169

(II) The requirements of this section apply to individual professional counselors who are licensed pursuant to this part 6, and nothing in this section shall be construed to require a person who employs or contracts with a licensed professional counselor to comply with the requirements of this section.

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12-43-605. Continuing professional competency-board rules-repeal.

(2a)

Back 170

(2) (a) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a licensed professional counselor. The records or documents shall be used only by the board for purposes of determining whether a licensed professional counselor is maintaining continuing professional competency to engage in the profession.

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12-43-605. Continuing professional competency-board rules-repeal.

(2b)

Back 171

(b) Subject to the requirements of paragraph (a) of this subsection (2), nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed professional counselor.

Front 172

PART 6

LICENSED PROFESSIONAL COUNSELORS

12-43-605. Continuing professional competency-board rules-repeal.

(3)

Back 172

(3) As used in this section, “continuing professional competency” means the ongoing ability of a licensee to learn, integrate, and apply the knowledge, skill, and judgment to practice as a professional counselor according to generally accepted industry standards and professional ethical standards in a designated role and setting.

Front 173

PART 6

LICENSED PROFESSIONAL COUNSELORS

12-43-605. Continuing professional competency-board rules-repeal.

(4)

Back 173

(4) This section is repealed, effective July 1, 2014.

Front 174

PART 7

STATE GRIEVANCE BOARD

12-43-701. Definitions.

As used in this part 7, unless the context otherwise requires:

(1)

Back 174

(1) “Board” means the state board of registered psychotherapists created by section 12-43-702.

Front 175

PART 7

STATE GRIEVANCE BOARD

12-43-701. Definitions.

(2)

Back 175

(2) Repealed.

Front 176

PART 7

STATE GRIEVANCE BOARD

12-43-701. Definitions.

(3)

Back 176

(4) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1282, § 10, effective July 1, 2011.)

Front 177

PART 7

STATE GRIEVANCE BOARD

12-43-701. Definitions.

(4)

Back 177

(4) (Deleted by amendment, L. 2011, (SB 11-187), ch. 285, p. 1282, § 10, effective July 1, 2011.)

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PART 7

STATE GRIEVANCE BOARD

12-43-702. State board of registered psychotherapists-creation-subject to termination.

(1)

Back 178

(1) There is hereby created the state board of registered psychotherapists, which shall be under the supervision and control of the division of registrations as provided in section 24-34-102, C.R.S. The board shall consist of seven members who are residents of the state of Colorado.

Front 179

PART 7

STATE GRIEVANCE BOARD

12-43-702. State board of registered psychotherapists-creation-subject to termination.

(2)

Back 179

(2) Three members of the board shall be appointed by the governor from the general public who are not regulated by this article with a good faith effort to achieve broad-based geographical representation. Such members are eligible to serve terms of four years. A member must not have any direct involvement or interest in the provision of psychotherapy; except that such member may be or may have been a consumer of such services.

Front 180

PART 7

STATE GRIEVANCE BOARD

12-43-702. State board of registered psychotherapists-creation-subject to termination.

(3)

Back 180

(3) Four members of the board must be registered psychotherapists. The governor shall appoint members to the board to serve terms of four years.

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PART 7

STATE GRIEVANCE BOARD

12-43-702. State board of registered psychotherapists-creation-subject to termination.

(4)

Back 181

(4) (Deleted by amendment, L. 2004, p. 917, § 21, effective July 1, 2004.)

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PART 7

STATE GRIEVANCE BOARD

12-43-702. State board of registered psychotherapists-creation-subject to termination.

(5)

Back 182

(5) Members of the state board of registered psychotherapists appointed under subsection (2) or (3) of this section may serve two full consecutive terms.

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PART 7

STATE GRIEVANCE BOARD

12-43-702. State board of registered psychotherapists-creation-subject to termination.

(6a)

Back 183

(6) (a) Each member is eligible to hold office until the expiration of his or her appointed term or until a successor is duly appointed. When the term of each board member expires, the governor shall appoint his or her successor for a term of four years. Any vacancy occurring in the board membership other than by the expiration of a term shall be filled by the governor by appointment for the unexpired term of such member.

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PART 7

STATE GRIEVANCE BOARD

12-43-702. State board of registered psychotherapists-creation-subject to termination.

(6b)

Back 184

(b) For purposes of appointments to the board made on or after July 1, 2011, upon the occurrence of a vacancy in a position held by a member representing the public or upon the expiration of the second term of office of a member representing the public, whichever occurs first, the governor shall appoint a regulated psychotherapist to that position on the board, who is eligible to serve terms as described in subsections (3) and (5) of this section.

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PART 7

STATE GRIEVANCE BOARD

12-43-702. State board of registered psychotherapists-creation-subject to termination.

(6c)

Back 185

(c) The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three-quarters of the board's meetings in any one calendar year.

Front 186

PART 7

STATE GRIEVANCE BOARD

12-43-702. State board of registered psychotherapists-creation-subject to termination.

(7)

Back 186

(7) A majority of the board shall constitute a quorum for the transaction of all business.

Front 187

PART 7

STATE GRIEVANCE BOARD

12-43-702.5. Database of registered psychotherapists-unauthorized practice-penalties-data collection.

(1)

Back 187

(1) The state board of registered psychotherapists shall maintain a database of all registered psychotherapists. The board shall charge a fee in the same manner as authorized in section 24-34-105, C.R.S., for recording information in the database as required by this section. Information in the database maintained pursuant to this section is open to public inspection at all times.

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PART 7

STATE GRIEVANCE BOARD

12-43-702.5. Database of registered psychotherapists-unauthorized practice-penalties-data collection.

(2)

Back 188

(2) Any person not otherwise licensed, registered, or certified pursuant to this article who is practicing psychotherapy in this state shall register with the board by submitting his or her name, current address, educational qualifications, disclosure statements, therapeutic orientation or methodology, or both, and years of experience in each specialty area. Upon receipt and review of the required information, the board may approve the psychotherapist for registration in the database required by subsection (1) of this section. A registered psychotherapist shall update this information upon renewal of his or her registration and at other times and under conditions specified by the board by rule. At the time of recording the information required by this section, the registered psychotherapist shall indicate whether he or she has been convicted of, or entered a plea of guilty or nolo contendere to, any felony or misdemeanor.

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PART 7

STATE GRIEVANCE BOARD

12-43-702.5. Database of registered psychotherapists-unauthorized practice-penalties-data collection.

(3)

Back 189

(3) An unlicensed person whose primary practice is psychotherapy or who holds himself or herself out to the public as able to practice psychotherapy for compensation shall not practice psychotherapy unless the person is registered with the board and included in the database required by this section. Notwithstanding the requirements of this section, a registered psychotherapist shall not use the term “licensed”, “certified”, “clinical”, “state-approved”, or any other term or abbreviation that would falsely give the impression that the psychotherapist or the service that is being provided is recommended by the state, based solely on inclusion in the database.

Front 190

PART 7

STATE GRIEVANCE BOARD

12-43-702.5. Database of registered psychotherapists-unauthorized practice-penalties-data collection.

(4)

Back 190

(4) The state board of registered psychotherapists shall not register a person pursuant to this section unless the person has successfully completed a jurisprudence examination developed and approved by the division.

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PART 7

STATE GRIEVANCE BOARD

12-43-702.5. Database of registered psychotherapists-unauthorized practice-penalties-data collection.

(5)

Back 191

(5) Any unlicensed person who practices psychotherapy without first complying with the registration requirements of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., for the first offense, and for the second or any subsequent offense, the person commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

Front 192

PART 7

STATE GRIEVANCE BOARD

12-43-703. Powers and duties of the grievance board.

Back 192

Repealed.

Front 193

PART 7

STATE GRIEVANCE BOARD

12-43-704. Prohibited activities-related provisions.

Back 193

Repealed.

Front 194

PART 7

STATE GRIEVANCE BOARD

12-43-704.5. Authority of grievance board-cease-and-desist orders.

Back 194

Repealed.

Front 195

PART 7

STATE GRIEVANCE BOARD

12-43-705. Disciplinary proceedings-judicial review-mental and physical examinations.

Back 195

Repealed.

Front 196

PART 7

STATE GRIEVANCE BOARD

12-43-706. Reconsideration and review of action of grievance board.

Back 196

Repealed.

Front 197

PART 7

STATE GRIEVANCE BOARD

12-43-707. Unlawful acts.

Back 197

Repealed.

Front 198

PART 7

STATE GRIEVANCE BOARD

12-43-708. Injunctive proceedings.

Back 198

Repealed.

Front 199

PART 7

STATE GRIEVANCE BOARD

12-43-709. Expenses of the board.

Back 199

All reasonable expenses of the board shall be paid as determined by the director of the division of registrations from the fees collected pursuant to section 12-43-204 as provided by law.

Front 200

PART 7

STATE GRIEVANCE BOARD

12-43-710. Jurisdiction.

Back 200

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

Front 201

PART 7

STATE GRIEVANCE BOARD

12-43-711. Records.

Back 201

Repealed.

Front 202

PART 7

STATE GRIEVANCE BOARD

12-43-712. Repeal of article.

Back 202

Repealed.

Front 203

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

As used in this part 8, unless the context otherwise requires:

(1)

Back 203

(1) “Addiction” means a persistent, compulsive dependence on a behavior or substance, including mood-altering behaviors or activities known as process addictions.

Front 204

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(2)

Back 204

(2) “Administrative supervision” means oversight of treatment agency operations, organization of people and resources, and implementation of policies and procedures in a way that directs activities towards agency goals and objectives.

Front 205

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(3)

Back 205

(3) “Approved school, college, or university” means any accredited institution of higher education offering a full-time graduate or undergraduate course of study in behavioral health sciences, such as addiction counseling, human services, psychology, rehabilitation, social work, or other behavioral health sciences, that is recognized by an appropriate national organization or is approved by the board.

Front 206

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(4)

Back 206

(4) “Behavioral health disorders” means both mental and substance use disorders.

Front 207

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(5)

Back 207

(5) “Board” means the state board of addiction counselor examiners created in section 12-43-802.

Front 208

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(6)

Back 208

(6) “Certified” means certified as an addiction counselor certified at level I, II, or III.

Front 209

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(7)

Back 209

(7) “Certified addiction counselor” means an individual who has a certificate issued by the board authorizing the individual to practice addiction counseling commensurate with his or her certification level and scope of practice.

Front 210

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(8)

Back 210

(8) “Clinical supervision” means:

Front 211

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(8a)

Back 211

(a) The evaluation and modification or approval by a supervisor of the clinical practice of the person being supervised; and

Front 212

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(8b)

Back 212

(b) A source of knowledge, expertise, and more advanced skills made available to the person being supervised.

Front 213

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(9)

Back 213

(9) “Co-occurring disorders” means the existence of one or more substance use disorders, addictive behavioral disorders, or mental disorders presenting concurrently. At the individual level, co-occurring disorders exist when at least one disorder can be established independent of the other, and the disorders are not simply a cluster of symptoms resulting from a single disorder.

Front 214

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(10)

Back 214

(10) “License” means a license issued by the board pursuant to this part 8 to engage in the practice of a licensed addiction counselor.

Front 215

PART 8

ADDICTION COUNSELORS

12-43-801. Definitions.

(11)

Back 215

(11) “Licensed addiction counselor” means a person licensed by the board to provide professional behavioral health disorder treatment.

Front 216

PART 8

ADDICTION COUNSELORS

12-43-802. State board of addiction counselor examiners.

(1)

Back 216

(1) There is hereby created a state board of addiction counselor examiners under the supervision and control of the division of registrations in the department of regulatory agencies. Once the governor appoints the board members and the board adopts necessary rules, the board is responsible for regulating addiction counselors pursuant to this part 8 and this article. The director retains the authority to regulate addiction counselors for three months after the date on which all members of the board have been appointed, and the director's rules adopted pursuant to this part 8 remain in effect until the director repeals the rules.

Front 217

PART 8

ADDICTION COUNSELORS

12-43-802. State board of addiction counselor examiners.

(2)

Back 217

(2) The board consists of seven members who are citizens of the United States and residents of the state of Colorado. By November 30, 2011, the governor shall appoint the members of the board as follows:

Front 218

PART 8

ADDICTION COUNSELORS

12-43-802. State board of addiction counselor examiners.

(2a1)

Back 218

(a) (I) Four board members must be licensed or certified addiction counselors, and except as provided in subparagraph (II) of this paragraph (a), at least two of these four members must be engaged in the direct practice of addiction counseling. The four board members appointed pursuant to this paragraph (a) must include at least one licensed addiction counselor and at least one certified addiction counselor.

Front 219

PART 8

ADDICTION COUNSELORS

12-43-802. State board of addiction counselor examiners.

(2a2)

Back 219

(II) If, after a good-faith attempt, the governor determines that a licensed or certified addiction counselor who is engaged in the direct practice of addiction counseling is not available to serve on the board for a particular term, the governor may appoint a licensed or certified addiction counselor who is not engaged in the direct practice of addiction counseling to serve on the board pursuant to this paragraph (a).

Front 220

PART 8

ADDICTION COUNSELORS

12-43-802. State board of addiction counselor examiners.

(2b)

Back 220

(b) Three board members must be representatives of the general public, one of whom may be an addiction counseling consumer or family member of an addiction counseling consumer. These individuals must have never been addiction counselors, applicants, or former applicants for licensure or certification as an addiction counselor, members of another mental health profession, members of households that include addiction counselors or any other mental health professional, or otherwise have conflicts of interest or the appearance of a conflict with their duties as board members.

Front 221

PART 8

ADDICTION COUNSELORS

12-43-802. State board of addiction counselor examiners.

(3a)

Back 221

(3) (a) Each board member shall hold office until the expiration of the 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 is four years, and a board member shall not serve more than two full consecutive terms. The governor shall fill a vacancy occurring in board membership, other than by expiration of a term, by appointment for the unexpired term of the member.

Front 222

PART 8

ADDICTION COUNSELORS

12-43-802. State board of addiction counselor examiners.

(3b)

Back 222

(b) The initial terms of office of the members appointed to the board as of January 1, 2012, are modified as follows in order to ensure staggered terms of office:

Front 223

PART 8

ADDICTION COUNSELORS

12-43-802. State board of addiction counselor examiners.

(3b1)

Back 223

(I) The initial term of office of one of the board members representing the general public, whose initial term would otherwise expire on December 31, 2015, expires on December 31, 2013, and this board member is eligible to serve one additional four-year term commencing on January 1, 2014, and expiring on December 31, 2017. On and after the expiration of the board member's term, the term of a person appointed to this member's position on the board is as described in paragraph (a) of this subsection (3) commencing on January 1 of the applicable year.

Front 224

PART 8

ADDICTION COUNSELORS

12-43-802. State board of addiction counselor examiners.

(3b2)

Back 224

(II) The initial terms of office of two of the licensed or certified addiction counselor board members, whose initial terms would otherwise expire on December 31, 2015, expire on December 31, 2013. These board members are eligible to serve one additional four-year term, commencing on January 1, 2014, and expiring on December 31, 2017. On and after the expiration of these board members' terms, the terms of persons appointed to the members' positions on the board are as described in paragraph (a) of this subsection (3) commencing on January 1 of the applicable year.

Front 225

PART 8

ADDICTION COUNSELORS

12-43-802. State board of addiction counselor examiners.

(4)

Back 225

(4) The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty include the failure of board members to attend three consecutive meetings or at least three-fourths of the total meetings in any calendar year.

Front 226

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(1)

Back 226

(1) For the purposes of this part 8, “addiction counseling” means the application of general counseling theories and treatment methods adapted specifically for working with addictive and other behavioral health disorders. Addiction counselors work in a broad variety of disciplines but share an understanding of the addictive process. An addiction counselor identifies a variety of helping strategies that can be tailored to meet the needs of the client. Addiction counseling relies on the use of evidence-based practices that have been shown to be effective in treating addictive disorders.

Front 227

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(2)

Back 227

(2) The scope of practice of addiction counseling focuses on the following four trans-disciplinary foundations that underlie the work of all addiction counselors:

Front 228

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(2a)

Back 228

(a) Understanding addiction: Includes knowledge of models and theories of addiction; recognition of social, political, economic, and cultural contexts within which addiction exists; understanding the behavioral, psychological, physical health, and social effects of using addictive substances or engaging in addictive behaviors; and recognizing and understanding co-occurring disorders.

Front 229

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(2b)

Back 229

(b) Treatment knowledge: Includes the philosophies, practices, policies, and outcomes of the most generally accepted and scientifically supported models, along with research and outcome data, of treatment, recovery, relapse prevention, and continuing care for addictive disorders. Treatment knowledge includes the ability to work effectively with families, significant others, social networks, and community systems in the treatment process and understanding the value of a multidisciplinary approach to addiction treatment.

Front 230

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(2c)

Back 230

(c) Application to practice: Includes the ability to properly diagnose behavioral health disorders using appropriate assessment and testing instruments and placement criteria; stabilization to reduce negative effects of problematic behaviors; developing helping strategies and treatment levels of care based on the client's stage of readiness for change; cultural competency; and familiarity with medical and pharmacological resources for treatment.

Front 231

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(2d)

Back 231

(d) Professional readiness: Includes an understanding of diverse cultures; cultivation of a high level of self-awareness; ability to use critical thinking skills; adherence to ethical standards of conduct; ongoing use of clinical supervision and consultation; crisis management; and knowledge of the importance of prevention and recovery management.

Front 232

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3)

Back 232

(3) The primary practice dimensions of addiction counseling include the following competencies, as appropriate based on the level of certification or licensure and scope of practice:

Front 233

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3a)

Back 233

(a) Clinical evaluation, including screening and assessment;

Front 234

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3b)

Back 234

(b) Clinical intake, discharge, discharge planning, and referral;

Front 235

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3c)

Back 235

(c) Treatment planning;

Front 236

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3d)

Back 236

(d) Service coordination, including client advocacy, continuing care planning, and collaboration with other behavioral health professionals;

Front 237

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3e)

Back 237

(e) Counseling of individuals, groups, families, couples, and significant others;

Front 238

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3f)

Back 238

(f) Recovery management;

Front 239

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3g)

Back 239

(g) Case management;

Front 240

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3h)

Back 240

(h) Client, family, and community education;

Front 241

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3i)

Back 241

(i) Documentation required for a clinical record;

Front 242

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3j)

Back 242

(j) Professional and ethical practices;

Front 243

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3k)

Back 243

(k) Clinical supervision; and

Front 244

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(3L)

Back 244

(l) Intervention.

Front 245

PART 8

ADDICTION COUNSELORS

12-43-803. Practice of addiction counseling defined-scope of practice.

(4)

Back 245

(4) Scope of practice-licensed addiction counselors. Based on education, training, knowledge, and experience, the scope of practice of a licensed addiction counselor includes behavioral health counseling and may include the treatment of substance use disorders, addictive behavioral disorders, and co-occurring disorders, including clinical evaluation and diagnosis, treatment planning, service coordination, case management, clinical documentation, professional and ethical responsibilities, education and psychotherapy with clients, family, and community, clinical supervisory responsibilities, and intervention.

Front 246

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(1)

Back 246

(1) The board shall issue a license as an addiction counselor to an applicant who files an application in the form and manner required by the board, submits the fee required by the board pursuant to section 12-43-204, and submits evidence satisfactory to the board that he or she:

Front 247

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(1a)

Back 247

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

Front 248

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(1b)

Back 248

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

Front 249

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(1c)

Back 249

(c) Holds a master's or doctorate degree in the behavioral health sciences from an accredited school, college, or university or an equivalent program as determined by the board;

Front 250

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(1d)

Back 250

(d) Demonstrates professional competence by:

Front 251

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(1d1)

Back 251

(I) Passing a national examination demonstrating special knowledge and skills in behavioral health disorders counseling as determined by the division of behavioral health in the department of human services and approved by the board; and

Front 252

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(1d2)

Back 252

(II) Passing a jurisprudence examination administered by the division;

Front 253

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(1e)

Back 253

(e) Has met the requirements for a certificate of addiction counseling, level III;

Front 254

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(1f)

Back 254

(f) Has completed the number of clock hours of addiction-specific training, as specified by the board by rule, including training in evidence-based treatment approaches, clinical supervision, ethics, and co-occurring disorders; and

Front 255

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(1g)

Back 255

(g) Has completed at least five thousand hours of clinically supervised work experience.

Front 256

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(2)

Back 256

(2) The board shall issue a certification as an addiction counselor to an applicant who files an application in the form and manner required by the board, submits the fee required by the board pursuant to section 12-43-204, and submits evidence satisfactory to the board that he or she:

Front 257

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(2a)

Back 257

(a) Is at least eighteen years of age;

Front 258

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(2b)

Back 258

(b) Is not in violation of any provision of this article or any rules promulgated by the board or by the state board of human services in the department of human services pursuant to section 27-80-108 (1) (e), C.R.S.;

Front 259

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(2c)

Back 259

(c) Has met the requirements for certification at a particular certification level as specified in rules adopted pursuant to subsection (3) of this section by the state board of human services in the department of human services.

Front 260

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(3)

Back 260

(3) The state board of human services in the department of human services shall promulgate rules, with approval of the board, for certification of addiction counselors in accordance with section 27-80-108 (1) (e), C.R.S.

Front 261

PART 8

ADDICTION COUNSELORS

12-43-804. Requirements for licensure and certification-rules.

(4)

Back 261

(4) Nothing in this part 8 prevents members of other professions licensed under the laws of this state from rendering services within their scope of practice as set forth in the statutes regulating their professional practices so long as they do not represent themselves to be certified or licensed addiction counselors.

Front 262

PART 8

ADDICTION COUNSELORS

12-43-804.5. Rights and privileges of certification and licensure.

(1)

Back 262

(1) Any person who possesses a valid, unsuspended, and unrevoked certificate as a level I, II, or III certified addiction counselor has the right to practice addiction counseling under supervision or consultation as required by the rules of the state board of human services in the department of human services; a level III certified addiction counselor has the right to supervise addiction counseling practice; and all levels of certification have the right to use the title “certified addiction counselor” and the abbreviations “CAC I”, “CAC II”, or “CAC III”, as applicable. No other person shall assume these titles or use these abbreviations on any work or media to indicate that the person using the title or abbreviation is a certified addiction counselor.

Front 263

PART 8

ADDICTION COUNSELORS

12-43-804.5. Rights and privileges of certification and licensure.

(2)

Back 263

(2) Any person who possesses a valid, unsuspended, and unrevoked license as an addiction counselor has the right to practice addiction counseling and to use the title “licensed addiction counselor” or the abbreviation “LAC”. No other person shall assume these titles or use these abbreviations on any work or media to indicate that the person using the title or abbreviation is a licensed addiction counselor.

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PART 8

ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(1a)

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(1) (a) In accordance with sections 12-43-803 and 12-43-804, the board issues a license or certificate to practice addiction counseling based on whether the applicant satisfies minimum educational and experience requirements that demonstrate professional competency to practice addiction counseling. After a license or a certificate as a level II or level III addiction counselor is issued to an applicant, the licensed or level II or level III certified addiction counselor shall maintain continuing professional competency to practice addiction counseling.

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PART 8

ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(1b)

Back 265

(b) The board, in consultation with the division of behavioral health in the department of human services and other stakeholders, shall adopt rules establishing a continuing professional competency program that includes, at a minimum, the following elements:

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ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(1b1)

Back 266

(I) A self-assessment of the knowledge and skills of a licensed or level II or level III certified addiction counselor seeking to renew or reinstate a license;

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ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(1b2)

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(II) Development, execution, and documentation of a learning plan based on the assessment; and

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PART 8

ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(1b3)

Back 268

(III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession. Nothing in this subparagraph (III) shall require a licensed or level II or level III certified addiction counselor to retake any examination required pursuant to section 12-43-804 in connection with initial licensure or certification.

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PART 8

ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(1c)

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(c) A licensed or level II or level III certified addiction counselor satisfies the continuing competency requirements of this section if the licensed or level II or level III certified addiction counselor meets the continued professional competence requirements of one of the following entities:

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ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(1c1)

Back 270

(I) A state department, including continued professional competence requirements imposed through a contractual arrangement with a provider;

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ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(1c2)

Back 271

(II) An accrediting body recognized by the board; or

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ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(1c3)

Back 272

(III) An entity approved by the board.

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ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(1d1)

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(d) (I) After the program is established, a licensed or level II or level III certified addiction counselor shall satisfy the requirements of the program in order to renew or reinstate a license or certificate to practice addiction counseling in Colorado.

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ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(1d2)

Back 274

(II) The requirements of this section apply to individual addiction counselors who are licensed or level II or level III certified pursuant to this part 8, and nothing in this section shall be construed to require a person who employs or contracts with a licensed or level II or level III certified addiction counselor to comply with the requirements of this section.

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ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(2a)

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(2) (a) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a licensed or certified addiction counselor. The records or documents shall be used only by the board for purposes of determining whether a licensed or level II or level III certified addiction counselor is maintaining continuing professional competency to engage in the profession.

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ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(2b)

Back 276

(b) Subject to the requirements of paragraph (a) of this subsection (2), nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed or certified addiction counselor.

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ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(3)

Back 277

(3) As used in this section, “continuing professional competency” means the ongoing ability of a licensed or level II or level III certified addiction counselor to learn, integrate, and apply the knowledge, skill, and judgment to practice as an addiction counselor according to generally accepted industry standards and professional ethical standards in a designated role and setting.

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ADDICTION COUNSELORS

12-43-805. Continuing professional competency-rules-repeal.

(4)

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(4) This section is repealed, effective July 1, 2014.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-1 DELEGATION OF AUTHORITY

What are the statutory powers, duties, and functions of the Health Services Section Director and the Mental Health Program Director of the State Colorado State Board of Marriage and Family Therapist Examiners?

Back 279

Allow delegated professional board member(s) to approve monitoring reports, monitors and continuing education relating to discipline.

Approve continuing education coursework.

Approve termination of stipulations that have completed terms and conditions. The Board shall review requests for early termination of stipulations.

Sign and issue confidential letters of concern to licensees for practicing with an expired license for one year or less. Such matters that are dismissed with a confidential letter of concern shall be dismissed due to no reasonable cause to warrant further action at this time and shall be retained in the Board’s files for a period of five years.

Sign Stipulations and Final Agency Orders, and other orders authorized by the Board.

Sign Suspension Orders as required by the Child Support Enforcement Program.

Perform the initial review of complaints relating to the practice of persons under the Board’s jurisdiction and to issue 30-day letters relating to the complaints.

Initiate complaints and issue 30-day letters to licensees currently under Stipulation or other Final Board Order if, in the opinion of the Program Director, Program Manager, or Section Director, the licensee has failed to comply with any of the terms of the Stipulation or other Final Board Order.

Initiate complaints and issue 30-day letters where otherwise authorized by the Board.

Utilize services of the Office of Investigations as warranted to carry out duties of the Board.

Provide information and notice to Board Members in a timely manner on matters concerning the status of legislative bills that may affect the Board’s operation, ability to carry out its duty, and the intent of its statutes.

Suspend and reinstate the licenses of practitioners who are in violation and subsequently in compliance of the Child Support Enforcement Act as notified by the Colorado Department of Human Services.

Sign Letters of Admonition, Cease and Desist Orders, Stipulations and Final Agency Orders and other formal actions of the Board, once approved by the Board.

Sign subpoenas for investigation of Board matters. The Assistant Attorney General is authorized to enforce the subpoena.

With the approval of the Board Chair, determination of non-substantive procedural matters relating to the rendering of the Initial Decision.

Preliminary review and approval of applications.

Process “yes” applications for further review based upon Board rules, statutes, and regulations.

Execute non-substantive procedural and administrative matters relating to Continuing Professional Competence (CPC) requirements.

Perform the initial review of CPC audits and issue 30-day letters relating to audit notification and required submissions.

Preliminary review and approval of credit for PDH while referring substantive matters and non-compliance to the Board for approval, discipline or other action.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(a) Purpose.

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This Policy sets out the organization, administration, and general procedures and policies governing the operation of the Board.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(b) Office.

Back 281

The office of the Board is located within the Department of Regulatory Agencies in Denver, Colorado.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(c) Meetings. (1)

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(1) The Board shall hold regular meetings and additional meetings as necessary during each year ending on June 30th.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(c) Meetings. (2)

Back 283

(2) The chair may call meetings after consultation with the Board and shall call meetings if requested to do so by a majority of Board members. The chair will immediately notify the Director of any such call of a meeting, the purposes of the called meeting, and any related information as requested by the Program Director. The Director may call any meeting of the Board.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(c) Meetings. (3)

Back 284

(3) The Board may conduct meetings by telephone or electronic means as necessary.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(c) Meetings. (4)

Back 285

(4) The Board will announce and conduct its meetings in accordance with the Colorado Open Meetings Law, CRS 24-6-401 et seq.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(d) Quorum.

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(d) Quorum. The Board consists of seven appointed members. A quorum of the Board necessary to conduct business is four members. The quorum does not change, even if there are open Board positions.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(e) Rules of order.

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(e) Rules of order. The Board shall conduct its meetings in an orderly fashion, with due regard for the rights of each Board member. The Board may refer to Robert's Rules of Order Revised when necessary.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(f) Transaction of oficial business. (1)

Back 288

(1) The Board may transact official business only when in a legally-constituted meeting with a quorum present.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(f) Transaction of oficial business. (2)

Back 289

(2) The Board is not bound in any way by any action on the part of any Board member and/or the Director except when the action is pursuant to a specific instruction or direction of the Board.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(f) Transaction of oficial business. (3)

Back 290

(3) Informal opinions given or statements made by a Board member and/or the Director are not official opinions or statements of the Board and do not bind the Board. Only those opinions, decisions, or policies documented in the written minutes of Board meetings, Board rules, or official publications of the Board are binding as action of the Board.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(g) Minutes.

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(g) Minutes. The minutes of any Board meeting are official only when approved by the Board and signed by the chair or vice-chair.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(h) Elections. (1)

Back 292

(1) At the meeting held in July of each year, or as soon thereafter as possible, the Board shall elect, by a simple majority vote of those members present, a chair and vice-chair.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(h) Elections. (2)

Back 293

(2) A vacancy that occurs in the office of the chair or vice-chair may be filled at any regular meeting.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(i) Officers. (1)

Back 294

(1) The chair presides at all meetings that s/he attends and performs all duties prescribed by law, Board rules, or Board policies. The Board hereby authorizes the chair to make day-to-day minor decisions regarding Board activities in order to facilitate the responsiveness and effectiveness of the Board. At all times the chair exercises her/his authority subject to the general policies, rules, orders, decisions, findings, and determinations of the Board.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(i) Officers. (2)

Back 295

(2) The vice-chair performs the duties of the chair in case of the absence or disability of the chair. If the office of the chair becomes vacant, the vice–chair serves as chair until a successor is elected. If the chair recuses from an item for consideration by the board, the vice-chair performs the duties of the chair for that item.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(j) Committees.

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(j) Committees. The Board or the chair with the approval of the Board may establish committees or appoint consultants as deemed necessary to assist the Board in carrying out its responsibilities. As necessary or as requested, committee chairs and consultants shall make reports to the Board. Committees and consultants shall provide all written reports or other materials to the Director for distribution to the Board.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-2 BOARD OPERATIONS (C.R.S. § 12-43-203)

(k) Impartiality.

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(k) Impartiality. Any Board member who cannot be impartial in the determination of or who has an immediate personal, private, or financial interest in a matter before the Board shall inform the Board and shall not participate in any Board deliberation or vote on the matter. No Board member who previously supervised or directed a marriage and family therapist who is the subject of a Board investigation or disciplinary proceeding shall participate in Board deliberations or votes with respect to that marriage and family therapist.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-3 PROCEDURES FOR INVESTIGATIONS AND DISPOSITION OF INQUIRIES (CRS 12-43-221, 12-43-223, 12-43-224)

(a) General.

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(a) General. This Policy sets out the procedures for making and processing inquiries against licensee, registrant or certificant where the inquiries are within the jurisdiction of the Board.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-3 PROCEDURES FOR INVESTIGATIONS AND DISPOSITION OF INQUIRIES (CRS 12-43-221, 12-43-223, 12-43-224)

(b) Initial Inquiries. (1)

Back 299

(1) Generally, inquiries against the licensee, registrant or certificant must be submitted in writing and should state in as much detail as possible the facts upon which the inquiry is based. If the complainant or recipient of psychotherapy services would like to have her/his name withheld from the public, this request should be included in the inquiry.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-3 PROCEDURES FOR INVESTIGATIONS AND DISPOSITION OF INQUIRIES (CRS 12-43-221, 12-43-223, 12-43-224)

(b) Initial Inquiries. (2)

Back 300

(2) At the discretion of the Board, an oral inquiry may be informally handled. The Board may request that oral inquiries be reduced to writing.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-3 PROCEDURES FOR INVESTIGATIONS AND DISPOSITION OF INQUIRIES (CRS 12-43-221, 12-43-223, 12-43-224)

(c) Voluntary surrender of license.

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(c) Voluntary surrender of license. If a licensee is the subject of a Board investigation or disciplinary proceeding, voluntarily surrenders her/his license, absent unusual circumstances, the Board will not discontinue the investigation or disciplinary proceeding unless the licensee consents to entry of a permanent injunction limiting or prohibiting her/his practice of psychology and psychotherapy in Colorado.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-3 PROCEDURES FOR INVESTIGATIONS AND DISPOSITION OF INQUIRIES (CRS 12-43-221, 12-43-223, 12-43-224)

(d) Notice to licensee, registrant, or certificant.

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(d) Notice to licensee, registrant or certificant. If the allegations in an inquiry against a licensee, registrant or certificant, if proved, would constitute grounds for action pursuant to CRS §§ 12-43-222, 12-43-223, 12-43-224, 12-43-226, or 12-43-227 the Director shall:

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-3 PROCEDURES FOR INVESTIGATIONS AND DISPOSITION OF INQUIRIES (CRS 12-43-221, 12-43-223, 12-43-224)

(d) Notice to licensee, registrant, or certificant. (1)

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(1) Inform the licensee, registrant or certificant in writing that an inquiry has been made against her/him, enclose a copy of the inquiry, indicate the provisions of the Act that may have been violated, and request the licensee, registrant or certificant's cooperation in ascertaining the facts and circumstances that led to the inquiry.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-3 PROCEDURES FOR INVESTIGATIONS AND DISPOSITION OF INQUIRIES (CRS 12-43-221, 12-43-223, 12-43-224)

(d) Notice to licensee, registrant, or certificant. (2)

Back 304

(2) Request the licensee, registrant or certificant to provide a written statement setting out her/his response to the inquiry and whatever facts s/he may consider relevant for the Board to understand the circumstances. The licensee, registrant or certificant shall have 30 days, or such time as the Board may determine in its discretion, to respond to the inquiry.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-3 PROCEDURES FOR INVESTIGATIONS AND DISPOSITION OF INQUIRIES (CRS 12-43-221, 12-43-223, 12-43-224)

(d) Notice to licensee, registrant, or certificant. (3)

Back 305

(3) At the discretion of the Director, the complainant may be given an opportunity to review and to comment upon the licensee, registrant or certificant's response.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-3 PROCEDURES FOR INVESTIGATIONS AND DISPOSITION OF INQUIRIES (CRS 12-43-221, 12-43-223, 12-43-224)

(e) Requests for extension of time.

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(e) Requests for extension of time. The Director may grant a reasonable request for extension of time within which a licensee, registrant or certificant may respond to the inquiry and/or within which a complainant may comment upon a licensee, registrant or certificant's response.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

ADMINISTRATIVE

10-3 PROCEDURES FOR INVESTIGATIONS AND DISPOSITION OF INQUIRIES (CRS 12-43-221, 12-43-223, 12-43-224)

(f) Initial Board Consideration of Inquires.

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(f) Initial Board Consideration of Inquiries. When the licensee, registrant or certificant has responded and the complainant has commented (if the complainant is asked to comment) or at the expiration of the response time (if the licensee, registrant or certificant or complainant submits no response), the Director shall forward the inquiry, any response, and other available information to the Board for its review. The Board shall not delay its initial consideration of an inquiry because the licensee, registrant or certificant or complainant has not responded. The Board shall not delay its initial consideration of an inquiry because the licensee, registrant or certificant has not responded. Failure to respond to a board complaint is a violation of CRS § 12-43-222(1)(x).

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

LICENSING

20-1 CONTINUING PROFESSIONAL COMPETENCE FOR DUALLY OR TRIPLY LICENSED PROFESSIONALS

The Continuing Professional Development (CPD) program requires licensees to participate in what?

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A reflective assessment, the drafting and maintaining of a learning plan, and the accrual of 40 professional development hours each two-year renewal cycle.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

LICENSING

20-1 CONTINUING PROFESSIONAL COMPETENCE FOR DUALLY OR TRIPLY LICENSED PROFESSIONALS

Board Rule allows the Board/Director to grant an exemption from participation in the CPD program for a single license/certificate if what?

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The licensee has already complied with the program for a different license/certificate subject to the same program.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

LICENSING

20-1 CONTINUING PROFESSIONAL COMPETENCE FOR DUALLY OR TRIPLY LICENSED PROFESSIONALS

This exemption applies only to dually licensed individuals seeking renewal of two or more licenses or certificates subject to the CPD program requirements...

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The Boards and Director chose to allow dually licensed/certified individuals an exemption from 40 professional development hours per two-year renewal cycle. Dually licensed/certified individuals must participate in a reflective assessment tool and maintain a learning plan for each license and/or certificate. However, they may double count their professional development activities by logging the same activities and hours on each learning plan.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

LICENSING

20-1 CONTINUING PROFESSIONAL COMPETENCE FOR DUALLY OR TRIPLY LICENSED PROFESSIONALS

Mental Health Professionals that are triply licensed in three mental health professions that are subject to the CPD requirement are exempted from...

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80 hours of professional development each two-year 7 Board of Marriage and Family Therapist Examiner Policies

renewal cycle provided they have complied with at least 40 hours of professional development, the reflective assessment for all licenses/certificates, and maintained a learning plan for each license/certificate.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-1 TELETHERAPY POLICY

When listed, certified, registered, or licensed and treating clients within the State of Colorado...

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It is at the discretion of the mental health professional as to the type of modality of treatment format that is appropriate for the client. Regardless of the modality chosen, the mental health professional must comply with all provisions as outlined in the Mental Health Practice Act, Title 12 Article 43.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-1 TELETHERAPY POLICY

It is recommended that the initial therapeutic contact

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Be in person and adequate to provide a conclusive diagnosis and therapeutic treatment plan prior to implementing any psychotherapy through electronic means. The mental health professional is expected to establish an ongoing therapeutic relationship including face-to-face visits on a periodic basis thereafter.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-1 TELETHERAPY POLICY

Once a mental health professional chooses to provide psychotherapy via electronic means...

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The mental health professional is expected to carefully identify and address issues that involve: 8 Board of Marriage and Family Therapist Examiner Policies

1) The agreed upon therapeutic means of communication between the client and the mental health professional. (i.e. when will face-to-face contact be appropriate, what method(s) of electronic communication will be utilized, what is the structure of the contractual relationship);

2) Implementing written consent form(s) and proper disclosure(s) including, but not limited to the client’s knowledge regarding security issues, confidentiality, structure, etc.;

3) Ensuring that the therapeutic means of communication includes confidentiality and computer/cyber security;

4) Determining the basis and ability for the mental health professional to support the rationale for the decision to choose a particular therapeutic method;

5) Ensuring that the mental health professional is practicing within his/her scope of practice;

6) Ensuring that the therapeutic means of communication that is chosen does not cause any potential harm to the client.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-1 TELETHERAPY POLICY

The mental health professional may encounter specific challenges while providing psychotherapy through electronic means...

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The mental health professional must realize that these challenges may include, but are not limited to:

1) Verifying the identity of the client and determining if they are a minor;

2) Providing the client with procedures for alternative modes of communication when there is possible technology failure;

3) Assessing how to cope with potential misunderstandings when the visual cues that would normally occur during face-to-face visits do not exist;

4) Assessing how to address crisis intervention when necessary;

5) Ensuring that clients are knowledgeable with regard to encryption methods, firewall, and backup systems to help secure communication and educate clients on the risk of unsecured communications;

6) Establishing a means to retain and preserve data;

7) Upon request, have the ability to capture and provide client treatment notes, summaries or other information that is received via the electronic technology;

8) Disclosing that health insurance coverage may not exist for psychotherapy service that is provided through technological means.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-2 GUIDANCE TO MENTAL HEALTH PROFESSIONALS REGARDING DUAL AND/OR MULTIPLE RELATIONSHIPS

Dual or multiple relationships occur when...

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A professional assumes two or more roles at the same time or sequentially with a client or with someone who has a significant relationship with the client. C.R.S § 12-43-222(1)(i), prohibits mental health professionals from engaging in a dual relationship with a client when it is likely to impair such person's professional judgment or increase the risk of client exploitation. During the 2011 legislative session, a new statute was passed requiring the Boards to provide guidance to mental health professionals regarding this violation.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-2 GUIDANCE TO MENTAL HEALTH PROFESSIONALS REGARDING DUAL AND/OR MULTIPLE RELATIONSHIPS

The applicable statutes are as follows:

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C.R.S § 12-43-203 (12) states : "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)."

C.R.S § 12-43-222(1)(i), states: "A person licensed, registered, or certified under this article violated this article if the person: 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."

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-2 GUIDANCE TO MENTAL HEALTH PROFESSIONALS REGARDING DUAL AND/OR MULTIPLE RELATIONSHIPS

Dual relationships may occur when...

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A licensed, registered or certified mental health professional is in a professional role with a client and:

• at the same time is in another role with the client, or

• at the same time is in a relationship with a person closely associated with or related to the client with whom the mental health professional has a professional relationship with, or

• promises to enter into another relationship in the future with the client or person associated with or related to the client.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-2 GUIDANCE TO MENTAL HEALTH PROFESSIONALS REGARDING DUAL AND/OR MULTIPLE RELATIONSHIPS

Licensed, registered, or certified mental health professionals should refrain from entering into a dual / multiple relationship if...

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The dual / multiple relationship could impair the mental health professional's objectivity, competence, or effectiveness in performing his or her functions as a mental health professional, otherwise increase the risk of exploitation, or harm to the client with whom the professional relationship exists.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-2 GUIDANCE TO MENTAL HEALTH PROFESSIONALS REGARDING DUAL AND/OR MULTIPLE RELATIONSHIPS

Some examples of inappropriate dual relationships which may have a greater chance of impairing a mental health professional's judgment or increasing the risk of client exploitation include, but are not limited to:

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• Providing treatment or therapy to an employee regardless if you directly or indirectly supervise the employee;

• Providing treatment to any person who provides services to you, your colleagues or close relatives (e.g., housekeeper, babysitter, dentist), or soliciting services from an existing client;

• Providing treatment to someone with whom you are engaged in a close friendship or intimate relationship, or providing treatment to anyone closely associated with or related to that person;

• Providing treatment to any person you supervise or teach, or by whom you are supervised or taught, regardless of whether you (or they) are being compensated for such supervision or teaching;

• Providing treatment to a person for whom you are also providing another service not associated with mental health treatment;

• In custody cases, providing treatment or therapy to a party and also providing opinion or expert witness testimony or a custody evaluation in violation of Chief Justice Directive (CJD) Standard 4;

• Providing individual therapy and then providing opinion testimony in court without first obtaining a voluntary release of information from the client you provided mental health services to.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-2 GUIDANCE TO MENTAL HEALTH PROFESSIONALS REGARDING DUAL AND/OR MULTIPLE RELATIONSHIPS

Any of the aforesaid examples also apply when...

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A mental health professional engages in these roles with a person closely associated with the client during the same time they are treating the client (e.g., agreeing to supervise the spouse of a client).

These are examples to illustrate potential conflicts and provide guidance to help mental health professionals avoid violation of C.R.S. § 12-43-222(1)(i). These examples are not inclusive of every prohibited scenario and may be amended from time to time by the board.

The Board will review each case on a case by case basis and determine whether there is a violation of C.R.S § 12-43-222(1)(i).

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-2 GUIDANCE TO MENTAL HEALTH PROFESSIONALS REGARDING DUAL AND/OR MULTIPLE RELATIONSHIPS

The Board strongly encourages all mental health professionals to...

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Assess the situation before engaging in dual roles with clients. Mental health professionals should refrain from taking on a professional role when personal, scientific, professional, legal, and financial or other interests or relationships could impair their objectivity, competence, or effectiveness in performing their functions as a mental health professional or expose the client or organization with whom the professional relationship exists to harm or exploitation.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-2 GUIDANCE TO MENTAL HEALTH PROFESSIONALS REGARDING DUAL AND/OR MULTIPLE RELATIONSHIPS

All mental health professionals should always...

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Have their client's best interests in mind at all times.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

PRACTICE

30-2 GUIDANCE TO MENTAL HEALTH PROFESSIONALS REGARDING DUAL AND/OR MULTIPLE RELATIONSHIPS

Following is a recommended test recommended by the American Psychological Association. These questions should be reviewed and considered by any mental health professional prior that is contemplating a dual relationship with a patient, client, employee, supervisee, research participant or student prior to doing so. Document as appropriate the answers to these questions if you choose to proceed with the dual relationship:

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1. Is there any possibility of loss of effectiveness of the professional? If yes, then do not proceed.

2. Is there any possibility of loss of objectivity of the professional? If yes, then do not proceed.

3. Is there any possibility of loss of competence of the professional? If yes, then do not proceed.

4. Is there any possibility of risk of exploitation of the client? If yes, then do not proceed.

5. Is there any possibility of risk of harm of the client? If yes, then do not proceed.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

DISCIPLINE

40-1 PROCESS FOR HANDLING COMPLAINTS INVOLVING A BOARD MEMBER

It is the policy of the State Board of Marriage and Family Therapist Examiners (Board) that any signed complaint received by the Board against a current licensee who is a member of the Board or one who has served on the Board within the past five years, or a licensee who has an ongoing formal relationship with the Board will be handled as follows:

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• At a minimum, the complaint may be sent to the Office of Investigations to determine if there is any validity to the allegations. If the complaint alleges sexual boundary violations, substance abuse, or physical or mental impairment, the report from the Office of Investigation substantiates such allegations, the Board may require the licensee to undergo evaluation by a designated provider to the Board or a qualified healthcare provider selected by the Office of Investigations, if the Board has not already done so.

• If the complaint alleges a violation of the Practice Act, the complaint will be sent to the Office of Investigations within the Division of Registrations for a formal investigation.

• If the complaint alleges substandard practice, the Office of Investigations will also have the case reviewed by an independent consultant selected by the Office of Investigations. Upon completion of the investigation or evaluation, the report will be referred to the Board for appropriate action.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

DISCIPLINE

40-1 PROCESS FOR HANDLING COMPLAINTS INVOLVING A BOARD MEMBER

All other customary procedures for the handling of a complaint by the Board will apply. These may include but are not limited to...

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Issuance of a 30-day letter, notification to the licensee and complainant of Board decisions, and the confidentiality of the complaint and investigation as provided by the Practice Act.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

DISCIPLINE

40-1 PROCESS FOR HANDLING COMPLAINTS INVOLVING A BOARD MEMBER

Anonymous complaints filed against a current licensee who is a member of the Board or one who has served on the Board within the past five years, or a licensee who has an ongoing formal relationship with the Board

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Will be evaluated by the Board on a case by case basis.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

DISCIPLINE

40-2 CASES DISMISSED WITH LETTERS OF CONCERN: CLARIFICATION FOR BASIS FOR DISMISSAL, REOPENING OF SUCH CASES; CASE RETENTION PERIOD

It is the policy of the State Board of Marriage and Family Therapist Examiners (Board) that complaints that are dismissed with letters of concern...

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Are not dismissed as being without merit, but rather are dismissed due to no reasonable cause to warrant further action at that time.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

DISCIPLINE

40-2 CASES DISMISSED WITH LETTERS OF CONCERN: CLARIFICATION FOR BASIS FOR DISMISSAL, REOPENING OF SUCH CASES; CASE RETENTION PERIOD

Cases that are dismissed with a confidential letter of concern...

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Will be retained in the Mental Health Program’s files for a period of five years.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

DISCIPLINE

40-2 CASES DISMISSED WITH LETTERS OF CONCERN: CLARIFICATION FOR BASIS FOR DISMISSAL, REOPENING OF SUCH CASES; CASE RETENTION PERIOD

The Program Director or Section Director may reopen a case that was dismissed...

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With a letter of concern in the face of a change in circumstances. Such a change in circumstances would include, but not be limited to:

• Discovery of new evidence supporting the underlying charges;

• Evidence that the licensee has engaged in further unprofessional conduct/grounds for discipline following issuance of the letter of concern, in which there is a nexus between the new conduct and that which was addressed in the case that was dismissed with the letter of concern.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

DISCIPLINE

40-2 CASES DISMISSED WITH LETTERS OF CONCERN: CLARIFICATION FOR BASIS FOR DISMISSAL, REOPENING OF SUCH CASES; CASE RETENTION PERIOD

After five years from the date of the letter of concern...

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The file will be disposed of in accordance with the Division’s records management procedures.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

DISCIPLINE

40-2 CASES DISMISSED WITH LETTERS OF CONCERN: CLARIFICATION FOR BASIS FOR DISMISSAL, REOPENING OF SUCH CASES; CASE RETENTION PERIOD

If the licensee has other active cases pending at the end of the five year retention period...

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The letter of concern may be kept for a longer period of time at the discretion of the Mental Health Program Director.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

DISCIPLINE

40-3 ANONYMOUS COMPLAINTS

It is the policy of the State Board of Marriage and Family Therapist Examiners (Board)...

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Not to encourage anonymous complaints.

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STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS

DISCIPLINE

40-3 ANONYMOUS COMPLAINTS

The Board will not...

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Investigate anonymous complaints. Rather, they will be subject to review on a case-by-case basis.