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DEPARTMENT OF REGULATORY AGENCIES
Board of Licensed Professional Counselor Examiners
COLORADO STATE BOARD OF LICENSED PROFESSIONAL COUNSELOR EXAMINERS RULES
4 CCR 737-1[Editor’s Notes follow the text of the rules at the end of this CCR Document.]_________________________________________________________________________AUTHORITY
These Rules are promulgated pursuant to sections 12-20-204(1),12-245-204(3)(a) and 12-245-222(2),C.R.S.
The licensing and regulation of Mental Health Professionals is found in Title 12 (“Professions andOccupations”), Article 245 (“Mental Health”) of the Colorado Revised Statutes. Article 245 consists ofeight parts summarized, as applicable, as follows:Part

Name of Part

Statutes in Part

Part 1Legislative Declaration

12-245-101

Part 2

General Provisions

12-245-202 - 12-245-234

Part 6

Licensed Professional Counselors

12-245-202 - 12-245-606

Part 2 contains general provisions applicable to all Mental Health Professionals.
Part 6 applies specifically to licensed professional counselors.
SCOPE AND PURPOSE
These rules were promulgated in order to carry out the powers and duties of the State Board of Licensed
Professional Counselor Examiners pursuant to C.R.S. sections 12-20-204(1) 12-245-204 and 12-245602, C.R.S. These rules affect every person seeking licensure as a professional counselor and every
person who practices as a professional counselor in the State of Colorado, and who is not statutorily
exempted.
1.1

DEFINITIONSIn addition to the definitions set out in sections 12-245-202 and 12-245-601, C.R.S., unless the context
requires otherwise, as used in these Rules:
A.

The “Board” means the State Board of Licensed Professional Counselor Examiners establishedpursuant to section 12-245-602, C.R.S.

B.

“Director” means the Board's Program Director and staff.

C.

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

D.

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

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E.

“Licensee” under section 12-245-225(2), C.R.S., shall include any person who has been licensed
at any time, as a licensed professional counselor or licensed professional counselor candidate,under the Mental Health Practice Act, pursuant to section 12-245-601, et seq., C.R.S.

F.

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

1.2

PUBLIC PARTICIPATION AT BOARD MEETINGS (C.R.S. §§ 12-20-204(1), 12-245-204, 12245-222)

A.

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

B.

Unless otherwise ordered by the Board, the Board will rely exclusively on written materials during
its initial consideration of inquiries, and shall not permit members of the public to address theBoard on pending disciplinary proceedings or cases.

C.

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

1.3

CONFIDENTIALITY OF PROCEEDINGS AND RECORDS OF THE BOARD (C.R.S. §§ 12-245220, 12-245-222, 12-245-226(4))

A.

General. Inquiries, complaints, investigations, hearings, meetings, or any other proceedings ofthe Board relating to disciplinary proceedings shall not be open to public inspection until the
Board meets for its initial consideration of the inquiry that gave rise to the proceedings. The initialconsideration of the inquiry and all further proceedings shall be open and the records available forinspection unless subsection (B) of this Rule, or an exception to the Public Records Act or Open
Meetings Act applies or section 12-245-226(4), C.R.S., prohibits disclosure.

B.

Subpoenaed Information. Information subpoenaed by the Board shall remain confidential and not
be open to public inspection until the Board has reviewed the information and made adetermination whether the information should remain confidential. Information which is notdetermined to be confidential shall be open to public inspection unless an exception to subsection(a) an exception to the Public Records Act or the Open Meetings Act applies or section 12-245226(4), C.R.S., prohibits disclosure. This exception shall not apply to review of information by a
respondent in a Board investigation.

1.4

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

A.

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

B.

A petition filed pursuant to this Rule shall set forth the following:
1.

The name and address of the petitioner and whether the petitioner is a Licensee.

2.

The statute, rule, or order to which the petition relates.

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3.

C.

4 CCR 737-1

A concise statement of all facts necessary to show the nature of the controversy or
uncertainty and the manner in which the statute, rule, or order in question applies or
potentially applies to the petitioner.

The Board will determine, in its discretion and without notice to petitioner, whether to rule on apetition. In determining whether to rule on a petition, the Board will consider the following matters,
among others:
1.

Whether a ruling on the petition will terminate a controversy or remove uncertainty as tothe applicability to petitioner of any statutory provision or Board Rule or Order.

2.

Whether the petition involves any subject, question, or issue that is the subject of aformal or informal matter, proceeding, or investigation involving the petitioner andcurrently pending before the Board, any other agency, or a court.

3.

Whether the petition involves any subject, question, or issue that is the subject of aformal or informal matter, proceeding, or investigation currently pending before theBoard, any other agency, or a court, but not involving the petitioner.

4.

Whether the petition seeks a ruling on a moot or hypothetical question or will result in anadvisory ruling or opinion.

5.

Whether the petitioner has some other adequate legal remedy, other than an action for
declaratory relief pursuant to Rule 57, Colorado Rules of Civil Procedure, that willterminate the controversy or remove any uncertainty as to the applicability to thepetitioner of the statute, rule, or order in question.

D.

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

E.

If the Board determines, in its discretion, that it will rule on the petition, any ruling of the Board will
apply only to the facts presented in the petition and any amendment to the petition. If the Board
rules on the petition without a hearing, it shall notify the petitioner of its decision within 120 days.
In ruling on the petition, the Board may take one or more of the following actions, in its discretion:
1.

The Board may dispose of the petition on the basis of the matters set out in the petition.

2.

The Board may request the petitioner to submit additional facts, in writing. In this event,the additional facts amend the petition.

3.

The Board may order the petitioner to file a written brief, memorandum, or statement of
position.

4.

The Board may set the petition for hearing, upon due notice to petitioner, to obtain
additional facts or information; to determine the truth of any facts set forth in the petition;or to hear oral argument on the petition. The notice to the petitioner setting the hearing
shall state, to the extent known, the factual or other matters into which the Board intends
to inquire. For the purpose of the hearing, to the extent necessary, the petitioner shallhave the burden of proving all facts stated in the petition; all facts necessary to show thenature of the controversy or uncertainty; the manner in which the statute, rule, or order inquestion applies or potentially applies to the petitioner; and any other facts the petitioner
desires the Board to consider.

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F.

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

G.

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

H.

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

1.5

MANDATORY DISCLOSURE STATEMENT (C.R.S. §§ 12-245-216, 12-245-224(1)(p))

A.

As used in section 12-245-216, C.R.S., and this Rule,
1.

“Incapacitated person” means that the mandatory disclosure must be made to theguardian or legal representative if the recipient of psychotherapy or mental healthservices is an adult for whom a guardian or legal representative has been appointed by acourt of competent jurisdiction (irrespective of an appeal of the order) because the adultis an “incapacitated person” within the meaning of section 15-14-101(1), C.R.S.

2.

“Emergency” means those situations in which, on presentation, the client's condition
requires immediate intervention and/or stabilization. Emergency situations include any
actions taken pursuant to C.R.S. Title 19, Article 3, Parts 3 and 4 (the Colorado
Children's Code).

1.6

INFORMATION REQUIRED TO BE REPORTED TO THE BOARD (C.R.S. § 12-245-226(8))

A.

General. Licensed professional counselors are required to report violations of sections 12-245224 and/or 12-245-228, C.R.S., to the appropriate Board once they have direct knowledge that alicensee as defined by section 12-245-202(8), C.R.S., certified addiction counselor, or registeredpsychotherapist has violated a provision of sections 12-245-224, C.R.S., and/or 12-245-228,
C.R.S. Licensed professional counselors are not required to report when reporting would violateclient/therapist confidentiality (refer to section 12-245-220, C.R.S.).

B.

Terms.
1.

“Direct knowledge” includes, but is not limited to the following:a.

Having seen, heard, or participated in the alleged violation;b.

Having been informed by the client/victim and obtained informed consent torelease information as to the event or the client's name;c.

Having been informed of a violation by the violator;d.

Having been informed by a guardian of a minor or adult and obtained informed
consent from the guardian to release information; ore.

Having been informed by a professional organization, agency, or any other entity,that an alleged violation occurred.

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2.

C.

4 CCR 737-1“Has violated” means a reasonable belief that a Licensee, certified addiction counselor,or registered psychotherapist has engaged in a prohibited activity under section 12-245224, C.R.S., or unauthorized practice as prohibited under section 12-245-228, C.R.S.

Procedures.
1.

Once direct knowledge is established, the licensed professional counselor must report
the alleged violation as soon as possible or, absent unusual circumstances, no later thansixty days.

2.

When direct knowledge of a violation of section 12-245-224 or 12-245-228, C.R.S., is
obtained from her/his client, the licensed professional counselor shall:a.

Inform the client a violation may have occurred;b.

Encourage the client to report the violation; andc.

Obtain the client's informed consent before reporting the alleged violation.

3.

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

D.

Nothing in this Rule relieves any mental health professional from adhering to any othermandatory reporting requirements mandated by statute.

1.7

NON-CLINICAL SUPERVISORY RELATIONSHIPS AND CLINICAL SUPERVISION OF
MENTAL HEALTH PRACTITIONERS OTHER THAN LICENSED PROFESSIONALCOUNSELOR APPLICANTS (C.R.S. §§ 12-245-222(2), 12-245-224(1)(n), except as provided
in Rule 1.14)

A.

General. Except as otherwise provided in Rule 1.14, supervision provides a source of knowledge,
expertise, and more advanced skills to the person being supervised. The nature of thisrelationship depends on the respective skills of the two professionals involved, the client
population and/or the specific client being served. It is usually ongoing, required, and hierarchicalin nature. This rule does not apply to the supervision required prior to licensure as a professionalcounselor pursuant to Rule 1.14.

B.

Terms.
1.

Clinical supervision occurs when there is close, ongoing review and direction of asupervisee's clinical practice.

2.

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

3.

Administrative supervisor is the person who bears responsibility for the non-clinicalfunctioning of an employee, such as performance appraisals, personnel decisions, etc.
The administrative supervisor may be held accountable for not reporting misconduct by aprofessional counselor when s/he knew or should have known of a violation of generally
accepted standards of practice or any prohibited activity.

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4.

C.

D.

4 CCR 737-1

Modes of Supervision. Include but are not be limited to individual, group, telephone,electronic mail, audio-visual, process recording, direct observation, telecommunication(teleconferencing, fax, videotapes), and hospital rounds. The appropriate modality ofsupervision shall be determined by the training, education, and experience of thesupervisee, and the treatment setting (i.e. urban/rural, or the availability of resources,etc.); and at all times based on community standards and client needs. The level ofsupervision provided, including whether every case is directly supervised and whether
the supervisor meets with the client, is determined by the education, training, andexperience of the supervisee, the specific needs of the clients being served, and theprofessional judgment of the supervisor. Nothing in this rule should be assumed toabridge the rights of the client to a reasonable standard of care.

Supervision Shall Include But is Not Limited To The Following:1.

Monitoring the supervisee's activities to verify s/he is providing services that meetgenerally accepted standards of practice;2.

Verifying that it is the practice of any supervisee to provide the mandatory disclosure form
as required pursuant to section 12-245-216, C.R.S.;

3.

If appropriate, verifying that clients are informed as to any changes in the supervisory
relationship;

4.

Giving an adequate termination of supervision notice to the supervisee;5.

Keeping records that document supervision that meet the generally accepted standardsof practice;6.

Assisting the supervisee in becoming aware of and adhering to all legal, ethical, andprofessional responsibilities;

7.

Assuring that no inappropriate relationships exist between the supervisor and supervisee,and supervisor and client;

8.

Assuring the supervisee meets any licensing, certification or registration requirements
prior to engaging in any psychotherapy;

9.

Assisting to assure that the supervisee is in compliance with the Mental Health Practice
Act;

10.

Verifying and assuring the supervisee is in compliance with any existing restrictedlicensure, certification or registration status or probation.

Supervisor Qualifications.
1.

The supervisor shall have sufficient knowledge of legal, ethical, and professional
standards relevant to the clients being served.

2.

The supervisor shall have clinical experience and competence adequate to perform anddirect the services provided by the supervisee.

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1.8

REPORTING CHANGE OF ADDRESS, TELEPHONE NUMBER, OR NAME (C.R.S. §§ 12-20204(1), 12-245-204, 12-245-206)

A.

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

B.

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

1.9

DUPLICATE OR REPLACEMENT LICENSE (C.R.S. §§ 12-20-204(1), 12-245-206, 12-245-209)

A.

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

B.

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

C.

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

1.10

RENEWAL OF LICENSE (C.R.S. § 12-245-205(3))

A.

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

B.

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

C.

Military Active Duty. Licensees may be exempt from licensing requirements as provided in section
12-20-302, C.R.S.

D.

Continuing Professional Competence. Pursuant to section 12-245-606, C.R.S., and Board Rule1.18, effective January 1, 2011, Licensed professional counselors and shall demonstratecontinuing professional competence in order to renew.

1.11

AUTHORITY TO INVESTIGATE (C.R.S. §§ 12-20-204(1), 12-245-204)

An application for initial license, for renewal of a license, or for reinstatement of a license is an express
grant to the Board of full authority to make any investigation or personal contact necessary to verify theauthenticity of the matters and information stated in the application. If the Board so requests, theapplicant shall supply verification, documentation and/or complete information on any disciplinary action
taken against the applicant in any jurisdiction.
1.12

LICENSURE BY ENDORSEMENT (C.R.S. § 12-245-207)

A.

General. To be considered for licensure by endorsement under section 12-245-207, C.R.S., an
applicant must submit a completed application form, all supporting documentation, and theappropriate fee.

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B.

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

C.

Criteria. The Board has established the following criteria for determining whether an applicant
possesses credentials and qualifications that are substantially equivalent to section 12-245-604,
C.R.S. An applicant who possesses a current and unrestricted license, in good standing, topractice professional counseling under the laws of another state, territory or foreign country may
apply for licensure by endorsement.
All of the following factors must be attested to at the time of application for Colorado licensure byendorsement in order for the applicant to establish that her/his credentials and qualifications aresubstantially equivalent to the requirements of section 12-245-604, C.R.S.:
1.

Applicant is at least twenty-one years of age;

2.

Applicant must attest that they:3.

a.

Have reported to the Board any injunction entered against her/him and any
injunctive action pending against her/him on any license.

b.

Have reported any malpractice judgment, settlement, or claim, and any pending
action or claim.

c.

Have reported any pending complaint, investigation, or disciplinary proceeding
before the licensing, grievance, or disciplinary Board of any jurisdiction in which alicense, registration or certification to practice professional counseling is held andwhere the complaint, investigation, or proceeding concerns the practice ofprofessional counseling.

d.

Have reported any applicable misdemeanor or felony conviction(s).

e.

Have reported to the Board any prior disciplinary action by another jurisdiction.

Submit verification of licensure from each jurisdiction(s) in which applicant has ever been
licensed, registered, listed or certified. The verification can be retrieved by the applicant
from the jurisdiction’s website as long as the following information is included and can beverified if necessary:a.

Date license was originally issued.

b.

Date of license expiration.

c.

Disciplinary history, if applicable.

If the complete information is not available then the Verification of License Form must becompleted by each state
4.

Applicant holds a master's or doctoral degree in professional counseling from anaccredited program or holds a master's or doctoral degree from a program that was
equivalent to an accredited program in professional counseling as provided under Rule
1.14.

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5.

At the time of application for a Colorado license by endorsement, the applicant attests tohaving passed an examination, the content of which tested competence to practiceprofessional counseling, including special knowledge and skills in psychotherapy.

6.

Except as provided below, applicant attests that s/he had at least two years of postmaster's or one year of post-doctoral practice in psychotherapy or professionalcounseling under supervision prior to licensure, certification, listing or registration in thejurisdiction through which the applicant seeks licensure in Colorado; or the applicant
attests to the Board her/his active practice of professional counseling for two years (asdefined below).
a.

7.

“Active practice of professional counseling” means the applicant has engaged in
the practice of professional counseling at least twenty hours per week, averaged
over the entire time s/he has been in practice, with no more than a six monthabsence from the practice of professional counseling. If the applicant has taught
professional counseling, the applicant may count the hours spent teachingprofessional counseling (including time spent in preparation, in meeting withstudents, and in related activities) as hours of active practice of professionalcounseling provided such teaching was in courses in the same or similar field ofprofessional counseling as the competence area claimed by the applicant;teaching of professional counseling shall not count more than one-third of thenumber of active practice hours claimed by applicant.

Applicant attests that post-degree experience hours obtained for licensure in anotherjurisdiction has substantially similar requirements to what is outlined in Board Rule 1.14
Licensure by Examination. The Board may consider a combination of post-degree hours
and practice experience on a case-by-case basis.

D.

Licenses, certifications, or registrations from outside the United States. Applicants who arelicensed, certified, listed or registered professional counselors in a jurisdiction outside the UnitedStates must submit their educational credentials for evaluation and satisfy the requirements ofthis Rule, and as provided under Rule 1.14.

E.

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

1.13

REINSTATEMENT OF LICENSE (C.R.S. § 12-245-205)

A.

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

B.

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

C.

Required statements.
1.

Each applicant for reinstatement shall certify the following:a.

Every license, certificate, listing or registration to practice professional counseling
held by the applicant is in good standing;b.

Applicant has reported to the Board any injunction or disciplinary action
completed or pending against her/his license, certificate, registration, or listing topractice psychotherapy or professional counseling;

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2.

D.

c.

Applicant has reported to the Board any malpractice judgment against her/him,
any settlement of a malpractice action or claim against her/him, and any
malpractice action or claim pending against her/him in which the malpracticealleged relates to her/his practice of psychotherapy or professional counseling;d.

Applicant has reported to the Board any complaint pending before, investigation
being conducted by, or disciplinary proceeding pending before the licensing,grievance, or disciplinary board of any jurisdiction in which she/he is licensed,
certified, registered or listed to practice psychotherapy or professional counselingin which the complaint, investigation, or proceeding concerns her/his practice of
psychotherapy or professional counseling.

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

Continuing Professional Competence. Pursuant to section 12-245-606, C.R.S., effective January
1, 2011, licensed professional counselors shall demonstrate continuing professional competencein order to reinstate.
1.

E.

4 CCR 737-1

An applicant for reinstatement must comply with all Continuing Professional Development
requirements pursuant to Board Rule 1.18 within the two years immediately preceding
the application receipt date.

Licenses Expired More than Two Years Criteria. The Board has established the following criteria
for determining whether an applicant for reinstatement has demonstrated his/her continued
professional competence as required by section 12-20-202(2)(c)(II), C.R.S. An applicant mustmeet all applicable criteria to establish her/his continued professional competence.
1.

License expired more than two years. In addition to the requirements set forth in Rule1.13(D)(1), an applicant whose license has been expired more than two years shall passa Board approved jurisprudence examination and demonstrate her/his competency topractice by either:a.

A written statement detailing work experience related to the practice ofprofessional counseling or psychotherapy during the time the license has been
expired. If work experience was in another jurisdiction(s), verification of licensurefrom each jurisdiction(s) is required; orb.

Retaking and passing the National Board for Certified Counselors, Inc.
Examination (NBCC); orc.

Completion of an additional ten Professional Development Hours as defined in
Board Rule 1.18 for each year or portion thereof the license has been expired; ord.

Other means determined by the Board.

1.14

LICENSURE BY EXAMINATION (C.R.S. § 12-245-604)

A.

Criteria for application.
1.

The applicant must submit to the Board a completed application for licensure, all fees,
official transcript(s), and all supporting documentation required by the Board in order for
the Board to review the application for licensure.

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2.

B.

4 CCR 737-1

An applicant for licensure must pass the required examination, meet the experience
requirements, and become licensed within five years of the date of initial application forlicensure. If the applicant fails to become licensed within this time period, s/he must
submit a new application and fee and must meet the educational, experience andexamination requirements in effect at the time of the new application. Licensure
applicants have a continuing obligation to update their application with information ofchanges from the original application at any time prior to licensure. However, this may not
apply in those exceptions allowable under statute concerning professional counselorcandidates.

Education and Training Requirements. Many graduate programs in professional counseling go
under other names. Some programs labeled as counseling programs are not primarily focused on
professional counseling. The Board has therefore established the following factors to determine
whether or not a particular program from which an applicant for licensure received the master's or
doctoral degree qualifies as a master's or doctoral program with a major in professionalcounseling or its equivalent in compliance with sections 12-245-604(1)(c) and 12-245-601(3),C.R.S. To meet the statutory requirements, the master's or doctoral program must meet either (1)or (2), below:
1.

Accredited program. The applicant obtained a master's or doctoral degree from a
program that was approved by the Council for Accreditation of Counseling and Related
Educational Programs (CACREP). If enrolled after August 31, 2014, the applicant must
be enrolled in an approved program comprised of not less than 60 semester credit hours;or2.

Equivalent program. Candidates who graduated from a non-CACREP approved program
must submit their educational credentials to a Board approved credentialing agency forevaluation and determination of whether the program satisfies the requirements of thisRule.
All of the following requirements shall be considered in order to establish equivalency:a.

The required master's or doctoral level study and master's or doctoral degree
were obtained from a regionally-accredited institution of higher learning;b.

The program stood as a coherent and recognizable entity within the institution,offering an integrated and organized sequence of study planned to provide
appropriate training for the practice of professional counseling;c.

There was an identifiable full-time faculty, with an individual responsible for the
program who was a full-time faculty member and who met the requirements forapproval as a supervisor or a person who presents proof satisfactory to theBoard, that at the time of serving as the faculty member, s/he possessed
essentially the same education, experience, and training as that necessary toqualify for licensure under the Act.

d.

The program had an identifiable body of students who were matriculated in that
program for a degree;e.

The master's or doctoral program included examination and grading procedures
designed to evaluate the degree of mastery of the subject matter by the students:

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4 CCR 737-1(1)

Except as provided in Subsection (2) below, for a master's or doctoral
degree, the curriculum must include a minimum of forty-eight semester
hours or seventy-two quarter hours of graduate study (for the master's
degree) or a minimum of ninety-six semester hours or 144 quarter hoursof graduate study (for the doctoral degree) and supervised field
experience of not fewer than 700 hours that was counseling in nature, if
enrolled prior to August 31, 2014.

(2)

If enrolled prior to August 31, 2014, an individual whose qualifying
master degree upon which licensure is to be based included less thanforty-eight semester hours or seventy-two quarter hours for a master’s
degree or ninety-six semester hours or 144 quarter hours for a doctoral
degree, who did not complete 700 hours of supervised professional
practice as a part of the degree program, or who did not complete course
work in all of the content areas required by Rule 1.14(B)(2)(g) may
complete these requirements post-degree in order to obtain licensure, if:

(3)

(a)

All course work, field, and post-degree coursework for licensureexperiences are completed through an institution of higher
education that is accredited by a regional accreditingorganization accepted by the Board through Rule 1.14(B)(3) or
through a counseling program recognized by the Council for
Accreditation of Counseling and Related Education Programs(CACREP);(b)

All course work and field experiences are taken and passed for
credit; and(c)All individuals who did not complete 700 hours of supervised
professional practice as part of the original degree program may
submit evidence of post-degree work experience forconsideration and credit at the discretion of the Board.

If enrolled after August 31, 2014, an individual whose qualifying master
degree upon which licensure is to be based included less than sixty
semester hours for a master’s degree, who did not complete 700 hours
of supervised professional practice as a part of the degree program, or
who did not complete course work in all of the content areas required byRule 1.14(B)(2)(g) may complete these requirements post-degree inorder to obtain licensure, if:(a)All course work, field experiences and post-degree coursework
for licensure are completed through an institution of higher
education that is accredited by a regional accreditingorganization accepted by the Board through Rule 1.14(B)(3) or
through a counseling program recognized by the Council for
Accreditation of Counseling and Related Education Programs(CACREP);(b)

All course work and field experiences are taken and passed for
credit; and(c)

No more than six semester credits or nine quarter credits arecompleted post-degree for purposes of licensure.

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4 CCR 737-1

The core program required each student to demonstrate knowledge and skill
competence in each of the following substantive content areas. Competence isdemonstrated by passing suitable comprehensive examinations in each of theeight areas, successful completion of two or more graduate semester hours(three or more graduate quarter hours) in each of the eight areas, or by othersuitable means as determined by the Board:(1)

Human growth and development - includes studies that provide a broad
understanding of the nature and needs of individuals at any
developmental level, normal and abnormal human behavior, personality
theory, and learning theory within cultural contexts.

(2)

Social and cultural foundations - includes studies that provide a broad
understanding of societal changes and trends, human roles, societal
subgroups, social mores and interaction patterns, and differing lifestyles.

(3)

Helping relationships - includes studies that provide a broad
understanding of philosophic bases of helping processes, counselingtheories and their applications, basic and advanced helping skills,
consultation theories and their applications, client and helper selfunderstanding and self-development, and facilitation of client or
consultee change.

(4)Groups - includes studies that provide a broad understanding of groupdevelopment, dynamics, and counseling theories; group leadershipstyles; basic and advanced group counseling methods and skills; andother group approaches.

(5)

Lifestyles and career development - includes studies that provide a
broad understanding of career development theories; occupational andeducational information sources and systems; career and leisurecounseling, guidance, and education; lifestyle and career decisionmaking; career development program planning and resources; andeffectiveness evaluation.

(6)

Appraisal - includes studies that provide a broad understanding of groupand individual educational and psychometric theories and approaches toappraisal, data and information-gathering methods, validity and reliability,
psychometric statistics, factors influencing appraisals, and use of
appraisal results in helping processes.

(7)

Research and evaluation - includes studies that provide a broad
understanding of types of research, basic statistics, research-reportdevelopment, research implementation, program evaluation, needs
assessment, and ethical and legal considerations.

(8)

Professional orientation - includes studies that provide a broad
understanding of professional roles and functions, professional goals andobjectives, professional organizations and associations, professional
history and trends, ethical and legal standards, professional preparation
standards, and professional credentialing.

If the course titles as stated on the transcript do not clearly reflect the subject
matters listed above, the applicant must document the course or combination ofcourses in which the material was covered.

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3.

C.

4 CCR 737-1

g.

If the master's or doctoral degree was awarded prior to September 1, 1992, theBoard will accept the degree irrespective of the number of semester hours orquarter hours of graduate study required to obtain the degree, provided the coreprogram required each student to demonstrate knowledge and skill competence
in seven of the eight substantive content areas listed above.

h.

Only graduate level courses are acceptable as establishing equivalency. The
Board will not accept coursework counted or credited toward an undergraduate
degree.

Foreign-trained applicants. Foreign-trained applicants must submit educational
credentials to a credentialing agency utilized by the Board for evaluation of equivalency.
After course equivalency is established, the Board will evaluate the educational
credentials to determine whether or not the program is equivalent to a program approvedby CACREP.

Post-Graduate Experience Requirements.
The Board will approve post-master's or post-doctoral supervised practice as meeting therequirements for licensure set out in section 12-245-604(1)(d), C.R.S., when that practicesatisfies the requirements of this subsection.
1.

Definitions. As used in section 12-245-604(1)(d), C.R.S., and this Rule, unless thecontext indicates otherwise:a.

“Individual supervision” means supervision rendered to one individual at a time.

b.

“Group supervision” means supervision rendered to not more than ten individuals
at one time.

c.

“Post-master's experience” or “post-doctoral experience” means experience
under approved supervision acquired subsequent to the date certified by the
degree-granting institution as that on which all requirements for the master's or
doctoral degree (whichever is applicable) have been completed.

d.

“Practice in professional counseling” means all services included within thedefinition of psychotherapy in section 12-245-202(14), C.R.S., and particularly
those services and practices included within the definition of professionalcounseling in section 12-43-601(5), C.R.S. [deleted].

e.

“Supervision” means personal direction and responsible direction provided by asupervisor approved by the Board.
(1)“Personal direction” means direction actually rendered by the approved
supervisor.

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(2)

f.

4 CCR 737-1“Responsible direction” or “direction” means the approved supervisor has
sufficient knowledge of all clients for whom supervision is provided,
including face-to-face contact with the client when necessary, to develop
and to monitor effective service delivery procedures and the supervisee's
treatment plan. Further, all decisions requiring the special skill,
knowledge, and/or training of a licensed professional counselor are
made in collaboration with, and with the approval of, the approved
supervisor. Such decisions include, but are not limited to: type, duration,effectiveness, and method of psychotherapy services provided; fees andbilling procedures; approval of cases; and personal observation,
evaluation, oversight, review, and correction of services provided by thesupervisee.

“Consultation” describes a voluntary relationship between professionals of
relative equal expertise or status wherein the consultant offers her/his best
advice or information on an individual case or problem for use by the consultee
as s/he deems appropriate in her/his professional judgment. Consultation is notsupervision. Experience under contract for consultation will not be credited
toward fulfillment of supervision requirements.

2.

Certification of Completion. Each applicant shall file with the Board, upon forms suppliedby the Board, a verified statement signed under penalty of law by their approved
supervisor(s) attesting to the applicant's satisfactory completion of the required postmaster's or post-doctoral practice of psychotherapy under supervision and attesting to
the applicant's having met the generally accepted standards of practice during thesupervised practice.

3.

Supervision.
a.

b.

The Board may accept any of the following as a supervisor provided the
proposed supervisor’s experience is substantially equivalent to those within thescope of a licensed professional counselor:(1)

A licensed professional counselor who, at the time of the supervision,
was licensed by the Board in the jurisdiction in which the applicant's
services were performed.

(2)

A licensed clinical social worker who, at the time of the supervision, waslicensed by the Board in the jurisdiction in which the applicant's services
were performed.

(3)

A marriage and family therapist who, at the time of the supervision, waslicensed by the Board in the jurisdiction in which the applicant's services
were performed.

(4)

A psychologist who, at the time of the supervision, was licensed by the
Board in the jurisdiction in which the applicant's services were
performed.

The approved supervisor must keep records that document they have effectively
trained, evaluated and credited the applicant for licensure. The records mustreflect the exact number of hours of applicable post-master's or post-doctoral
practice of psychotherapy and the exact number of hours of supervisioncompleted in compliance with this Rule.

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4.

5.

6.

D.

4 CCR 737-1

Number of hours of post-master's practice in psychotherapy under supervision.
a.

The post-master's practice in psychotherapy under supervision cannot becompleted in fewer than twenty-four months and may involve supervision bymore than one supervisor as defined in these rules.

b.

The two years of post-master's practice in psychotherapy under supervision
required by section 12-245-604(1)(d), C.R.S., must include at least 2,000 hoursof psychotherapy obtained in such a manner that they are reasonably uniformly
distributed over a minimum of twenty-four months.

c.

The teaching of the practice of psychotherapy may count up to 600 hours of postmaster's practice in psychotherapy under supervision and up to thirty hours ofsupervision, provided this teaching experience was supervised by a supervisor
as defined in these Rules.

Number of hours of post-doctoral practice in psychotherapy under supervision.
a.

The post-doctoral practice in psychotherapy under supervision cannot becompleted in fewer than twelve months and may involve supervision by morethan one supervisor as defined in these rules.

b.

The one year of post-doctoral practice in psychotherapy under supervision
required by section 12-245-604(1)(d), C.R.S., must include at least 1,000 hoursof psychotherapy obtained in such a manner that they are reasonably uniformly
distributed over a minimum of twelve months and must be documented as being
completed not fewer than sixty days prior to the administration of theexamination.

c.

The teaching of the practice of psychotherapy may count up to 300 hours of postdoctoral practice in psychotherapy under supervision and up to fifteen hours ofsupervision, provided this teaching experience was supervised by a supervisor
as defined in these Rules.

Number of hours of post-master's or post-doctoral supervision.
a.

For each 1,000 hours of supervised practice in psychotherapy, applicants mustreceive a minimum of fifty hours of supervision. A minimum of thirty-five of thefifty hours must be face-to-face supervision. The remaining hours up to the fifty
hours may be by group supervision. No other modes of supervision will be
accepted.

b.

The post-master's or post-doctoral supervision hours must be reasonably
distributed over each 1,000 hours of supervised practice in psychotherapy in amanner consistent with the accrual of the hours of supervised post-master's orpost-doctoral practice.

c.

With respect to supervision of the teaching of psychotherapy, the supervision
hours must be reasonably distributed over the teaching experience in a mannerconsistent with the accrual of the hours of teaching experience.

Examination. In accordance with sections 12-245-204(4)(b), 12-245-604(1)(e), and 12-245604(3), C.R.S., the Board establishes these requirements for the licensing examination todemonstrate professional competence in professional counseling, including special knowledge
and skill in psychotherapy.

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1.

Jurisprudence Examination. Applicants shall be required to pass a Board developed
jurisprudence examination.

2.

National Examination. The examination in professional counseling shall be the counselorcertification examination administered under contract with the National Board for Certified
Counselors, Inc. (NBCC).
a.

3.

4.

Reexamination. In the event an applicant fails to receive a passing grade on theexamination, s/he may apply to the NBCC for reexamination and is subject to therequirements of NBCC.

Application. An applicant for licensure shall apply directly to the NBCC, or such othertesting service the Board may contract with at the time, to sit for the appropriate
examination.
a.

1.15

4 CCR 737-1

A student in their last semester or quarter of either a CACREP approved or nonCACREP approved graduate degree program may apply directly to the NBCC tosit for the professional counselor examination.

Exam Results. Examination results will be valid for up to five years after the date of theexamination.

MILITARY EDUCATION, TRAINING AND EXPERIENCE (C.R.S. § 12-20-202(4))

Education, training, or service gained in military services outlined in section 12-20-202(4), C.R.S., to be
accepted and applied towards receiving a license, must be substantially equivalent, as determined by the
Board, to the qualifications otherwise applicable at the time of receipt of application. It is the applicant’s
responsibility to provide timely and complete evidence for review and consideration. Satisfactory evidenceof such education, training, or service will be assessed on a case by case basis.
1.16

RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. §§ 12-245-204(4),12-245-224(1)(u))

A.

General. Every licensed professional counselor shall create and shall maintain a record as
defined in subsection (B) of this Rule for each client, this record shall be retained for a period ofseven years, commencing on either the termination of professional counseling services or thedate of last contact with the client, whichever is later. Exception. When the client is a child, therecord shall be retained for a period of seven years commencing either upon the last day oftreatment or when the child reaches eighteen years of age, whichever comes later, but in no
event shall records be kept for more than twelve years.

B.

The record shall contain, as applicable to the mental health services rendered, the following
information:
1.

Name of treating therapist;

2.

Client’s identifying data to include name, address, telephone number, gender, date ofbirth, and if applicable the name of the parent or guardian. If the client is an organization,
the name of the organization, telephone number and name of the principal authorizing
the mental health provider’s services or treatment;

3.

Reason(s) for the psychotherapy services;4.

Mandatory disclosure statement(s);17CODE OF COLORADO REGULATIONS
Board of Licensed Professional Counselor Examiners

4 CCR 737-1

5.

Dates of service including, but not limited to the date of each contact with client, the dateon which services began, and the date of last contact with client;

6.

Types of service;

7.

Fees;

8.

Any release of information;

9.

The record shall justify and describe the assessment, diagnosis and therapy/treatment
administered in a legible document. The records must be prepared in a manner thatallows any subsequent provider to yield a comprehensive conclusion as to what
occurred;10.

Name of any test administered, each date on which the test was administered, and thename(s) of the person(s) administering the test;

11.

A final closing statement (if services are over).

D.

Record Storage. Every professional counselor shall keep and store client records in a secure
place and in a manner that both assures that only authorized persons have access to the records
and protects the confidentiality of the records and of the information contained of the records.

E.

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

F.

Disposition of Records. If the professional counselor is not available to handle her/his own
records, the professional counselor and /or his estate shall designate an appropriate person tohandle the disposition of records. A plan for the disposition of records shall be in place for all
professional counselors for the following conditions:1.

Disability, illness or death of the professional counselor.

2.

Termination of the professional counselor’s practice.

3.

Sale or transfer of a practice.

G.

Record destruction. Every professional counselor shall dispose of client records in a manner orby a process that destroys or obliterates all client identifying data. However, records cannot be
destroyed until after seven years or as otherwise provided in these rules or any other applicablestatutes or rules.

H.

Record Keeping in agency/institutional setting. A professional counselor need not create andmaintain client records if the professional counselor practices in an agency or institution and if theprofessional counselor:1.

Sees the client in the usual course of that practice;2.

Keeps client records as required by the agency or institution, and;3.

The agency or institution maintains client records.

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4 CCR 737-1

1.17

RELIGIOUS MINISTRY EXEMPTIONS (C.R.S. § 12-245-217(1))

A.

Whenever an exemption from the Board’s jurisdiction is claimed based on an assertion of thepractice of religious ministry as stated in section 12-245-217(1), C.R.S., the Board shall consider
factors, including but not limited to those listed below, which, taken together and placed within thecontext of the incident in question, would tend to reasonably indicate that the person seeking the
exemption was engaged in the practice of religious ministry. Before taking action on a complaint,
the Board shall consider the following factors and other information that indicates the person
claiming exemption was not engaged in the practice of religious ministry at the time of the alleged
violation of the statute. If the Board determines that this exemption applies, and the Licensee waspracticing religious ministry, The Board will have no jurisdiction to take any further action on thecomplaint.

B.

In determining whether or not the practice of psychotherapy has occurred, the Board analyzes
activities and the basic nature of the interaction among the persons involved. The analysis
focuses on what occurred, on how it occurred, and on why it occurred.

C.

Factors.
1.

Whether the client or guardian had received notice or reasonably understood that thetherapy in question was a part of religious practice/ministry.

2.

Whether the client or guardian was seeking therapy from a religious organization to which
the complainant belonged at any time.

3.

Whether a written agreement or disclosure existed that stated that the therapy in question
was part of religious practice/belief.

4.

Whether the therapy services were conducted in a house of worship or on property
belonging to a religious organization.

5.

Whether the provider of the therapy services normally represents him or herself as areligious official who is counseling as part of a religious ministry.

6.

Whether the therapy services were part of an on-going relationship, formed because theprovider is spiritual counselor to the client.

7.

Whether the provider of therapy services holds a position of trust within a religiousorganization.

8.

Whether the provider of the therapy services advertises psychotherapy services to thegeneral public for a fee.

9.

Whether the provider of the therapy services collects fees or expects/requires donations,offerings, tithes, etc.

10.

Whether the therapy services provided are based on any religious orientation or
viewpoint.

11.

Whether the provider engaged in the practice of therapy services is accountable orsubject to any religious organization or person for misdeeds or acts of misconduct.

12.

Whether the provider of therapy services is a member of a religious organization
recognized by the Internal Revenue Service. Does the organization hold 501(C)(3) taxexempt status.

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1.18

4 CCR 737-1

13.

Whether the provider of therapy services is trained in theology or any other field, area, or
specialty related to the study of a religious or spiritual orientation.

14.

Whether the service provided within was in a private practice setting.

15.

Whether the provider of the therapy services has a declaration of religious mission or astatement identifying the religious views or beliefs of the organization or person, if theprovider is not accountable to a recognized religious organization or person.

16.

Whether the provider of therapy services is recognized by consumers as a religious
minister or spiritual healer.

CONTINUING PROFESSIONAL COMPETENCE (C.R.S. § 12-245-606)

Effective January 1, 2011, licensed professional counselors shall demonstrate continuing professional
competence through participation and compliance with the Continuing Professional Development
program in order to renew, reinstate or reactivate a license to practice professional counseling in theState of Colorado.
A.

Definitions.
1.

Continuing Professional Competence. Continuing Professional Competence (CPC)
means the ongoing ability of a licensed professional counselor to learn, integrate andapply the knowledge, skill, and judgment to practice according to generally acceptedindustry standards and professional ethical standards in a designated role and setting.

2.

Continuing Professional Development. Continuing Professional Development (CPD) isthe program through which a Licensee satisfies the Continuing Professional Competence
requirements set forth in section 12-245-606, C.R.S., to renew, reinstate or reactivate alicense.

3.

Continuing Professional Development Portfolio. The Continuing Professional
Development Portfolio (CPD Portfolio) is an instructional guide and workbook for the CPD
program.

4.

Professional Development Hours. Professional Development Hours (PDH) are the unitsof measurement of active learning used to accrue credit in the CPD program. PDH are
equivalent to clock hours.

5.

Professional Development Activities. Professional Development Activities (PDA) are
Board approved learning activities undertaken for the purpose of continuing professional
development.

6.

Professional Practice Survey. The Professional Practice Survey (“Survey”) is a reflective
practice tool that identifies the foundational knowledge areas of the profession by one’s
professional role.

7.

Personal Learning Plan. The Personal Learning Plan (“Learning Plan”) is a documentused to plan and record learning for each renewal cycle in the CPD program.

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B.

4 CCR 737-1

Requirements.
1.

Licensed professional counselors shall demonstrate continuing professional competence
through participation and compliance with the Continuing Professional Development
program in order to renew, reinstate or reactivate a license to practice professionalcounseling in the State of Colorado.

2.

Licensees must complete the following requirements in accordance with the current CPD
Portfolio:a.

Professional Practice Surveyb.

Learning Planc.

Documentation of their PDA and PDH.

C.

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

D.

Learning Plan . Licensees shall draft a Personal Learning Plan based upon the Professional
Practice Survey. The Learning Plan shall consist of PDA as set forth in Rule 1.18(F). Licensees
shall execute their Learning Plan by completing all PDAs and PDHs before the date upon which
they renew their license. Changes to the Learning Plan shall not be allowed after renewing,
reinstating or reactivating a license.

E.

Professional Development Hours. Licensees shall complete forty PDH each renewal cycle inorder to renew their license.

F.

1.

Licensees shall document their completion of their PDA and PDH according to theguidelines set forth in the current CPD Portfolio. Licensees should be prepared to submit
documentation of their CPD compliance upon request by the Board.

2.

No more than twenty PDH in a single Professional Development Activity shall be credited
and recognized each renewal cycle.

3.

Licensees receiving an original, reinstated or reactivated license during the renewal cycle
must accrue one point sixty six (1.66) PDH for each month or portion thereof they arelicensed during the current renewal cycle.

4.

A maximum of five PDH may be carried from the last renewal cycle to the next renewal
cycle if the PDH were earned within six months of license expiration and are in excess ofthe forty PDH required for the current renewal cycle.

5.

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

Professional Development Activities. To qualify for PDH credit, Licensees must select PDA thatare allowed by the Board.
1.

The Board allows the following PDA:a.

Volunteer Serviceb.

Mentor/Supervision

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G.

H.

c.

Presentingd.

Courseworke.

Independent Learningf.

Group Learning

4 CCR 737-1

2.

Professional Development Activities must enhance, improve or develop the Licensee’s
competence as a Licensee. The Licensee should be able to show or describe how theactivity either provided new knowledge or skills, or how they were able to sharpen orhone existing skills by synthesizing new knowledge.

3.

It is within the discretion of the Board to deny credit for any PDH that does not meet thecriteria set forth in the current CPD Portfolio or the definition of Continuing Professional
Competence contained in section 12-245-606(3), C.R.S.

4.

Unacceptable Professional Development Activities. The following types of activities are
ineligible for credit: serving on a federal, state or municipal board or commission.

Deem Status.
1.

To be eligible for Deem Status pursuant to section 12-245-606(1)(c), C.R.S., a State
Department CPC program must satisfy the definition of Continuing Professional
Competence pursuant to section 12-245-606(3), C.R.S. Employees and contractors ofqualifying programs in State Departments shall be deemed to have met the CPC
requirements.

2.

Licensees deemed to have met the CPC requirements are subject to an audit. The audit
shall review the program for which the Licensee has justified their Deem Status to ensurethat it meets the definition of CPC outlined in section 12-245-606(3), C.R.S., and shallverify the licensee’s successful completion of the program.

3.

Licensees found to have falsified their Deem Status or who attested their fulfillment of
CPC requirements for an unqualified State Department program, are subject to disciplineby the Board.

Exemptions.
1.

Military Service. The Board may grant exemptions from the CPD program requirements
pursuant to section 12-20-302, C.R.S., including but not limited to, military personnel who
have been called to federally funded active duty for more than 120 days for the purposeof serving in a war, emergency, or contingency from the payment of any professional or
occupational license, certification or registration fees, including renewal fees, and fromcontinuing professional competency requirements for a renewal cycle that falls within the
period of service or within the six months following the completion of service in the war,
emergency or contingency.

2.

Dual Licensure. The Board may grant an exemption from the CPD requirement if theLicensee has fulfilled the CPD requirements set forth in: sections 12-245-410, 12-245506, or 12-245-806, C.R.S.

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4 CCR 737-1

1.19

INACTIVE LICENSE STATUS AND REACTIVATION OF LICENSE (C.R.S. § 12-20-203)

A.

Inactive status. Pursuant to section 12-20-203, C.R.S., any Licensee may apply to the Board to
be transferred to an inactive status. Such application shall be in the form and manner designatedby the Board. The holder of an inactive license shall not be required to comply with the continuingcompetency requirements for renewal so long as they remain inactive.
1.

During such time as a Licensee remains in an inactive status, they shall not perform
those acts restricted to active licensed professional counselors pursuant to section 12-43601(5), C.R.S. [deleted]. The Board shall retain jurisdiction over inactive licensees for the
purposes of disciplinary action pursuant to section 12-245-222(1)(d), C.R.S.

2.

Practicing with an inactive license shall constitute unlicensed practice and, therefore, may
be grounds for disciplinary or injunctive action, up to and including revocation.

B.

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

C.

Required statements.
1.

2.
D.

a.

Every license, certificate, or registration to practice professional counseling heldby the applicant is in good standing;b.

Applicant has no knowledge of any injunction or disciplinary action completed or
pending against her/his license, certificate, registration, or listing to practice
psychotherapy or professional counseling;c.

Applicant has no knowledge of any malpractice judgment against her/him, has noknowledge of any settlement of a malpractice action or claim against them, andhas no knowledge of any malpractice action or claim pending against her/him,
where the malpractice alleged relates to her/his practice of psychotherapy or
professional counseling;d.

Applicant has no knowledge of any complaint pending, investigation being
conducted by, or disciplinary proceeding pending before the licensing, grievance,or disciplinary board of any jurisdiction in which she/he is licensed, certified,registered, or listed to practice psychotherapy or professional counseling where
the complaint, investigation, or proceeding concerns her/his practice of
psychotherapy or professional counseling.

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

Continuing Professional Competence. Pursuant to section 12-245-606, C.R.S., effective January
1, 2011, Licensees shall demonstrate continuing professional competence in order to reactivate.
1.

E.

Each applicant for reactivation shall certify the following:

An applicant for reactivation must comply with all Continuing Professional Development
reactivation requirements pursuant to Board Rule 1.18 within the two years immediately
preceding the application receipt date.

Licenses inactive more than two years. The Board has established the following criteria for
determining whether an applicant for reactivation has demonstrated competency to practice as
required by section 12-245-205(3), C.R.S.

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1.

4 CCR 737-1

In addition to the requirements set forth in Rule 1.19(D)(1), an applicant whose license
has been inactive more than two years shall pass a Board approved jurisprudence
examination and demonstrate her/his competency to practice by either:a.

A written statement detailing work experience related to the practice ofprofessional counseling or psychotherapy during the time the license has been
inactive. If work experience was in another jurisdiction(s), verification of licensurefrom each jurisdiction(s) is required; orb.

Retaking and passing the National Board for Certified Counselors, Inc.
Examination (NBCC); orc.

Completion of an additional ten Professional Development Hours as defined in
Board Rule 1.18 for each year or portion thereof the license has been inactive; ord.

Other means determined by the Board.

1.20

IMPOSITION OF ADMINISTRATIVE FINES (C.R.S. § 12-245-225(2))

A.

Fines; Non-Exclusive Sanction. The Board, in its discretion, may impose a fine or fines in lieu of,or in addition to, any other disciplinary sanction. The term “Licensee” as contemplated under
section 12-245-225(2), C.R.S., and this Rule shall include any person who has been licensed at
any time under the Mental Health Practice Act to practice Licensed Professional Counseling.

B.

Fine for Each Violation. Pursuant to section 12-245-225(2), C.R.S., provides authority for The
Board to impose an administrative fine against a licensed professional counselor for a violation ofan administrative requirement. The Board, in its discretion, may impose a separate fine for eachviolation and shall consider the nature and seriousness of the violation prior to imposing any fine.

C.

Fines: Schedule of Fines. The Board may so impose a fine or fines consistent with the following
schedule:1.

For a Licensee’s first violation, a fine of no more than $1,000.00.

2.

For a Licensee’s second violation, a fine of no more than $2,500.00.

3.

For a Licensee’s third and any additional or subsequent violations, a fine of no more than
$5,000.00.

In a disciplinary proceeding, in which fines are sought to be imposed, the Board in determining
the number of a Licensee’s violations for purposes of application of the above schedule, theBoard may count as a violation, each prior violation adjudicated against the Licensee in a priordisciplinary proceeding.
D.

Payment of Fines.
1.

Fine Amount; When Due. A total fine amount of $500.00 or less imposed by the Board
must be paid in full, including the applicable surcharge, at the time the Final Agency
Order is entered or a Stipulation is reached between the parties. A total fine amountgreater than $500.00 imposed by the Board must be paid in full, including the applicablesurcharge, in accordance with the time frame set forth in the Final Agency Order or
Stipulation.

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Board of Licensed Professional Counselor Examiners

2.

4 CCR 737-1

Delinquent Payment Consequences. A Licensee who fails to pay a fine imposed under
this rule when due as defined above or pursuant to a Final Agency Order or Stipulation
may be subject to further discipline, including suspension or revocation of his or her
License to Practice. Section 12-245-224(1)(b), C.R.S., provides that violation of an orderof the Board is a Prohibited Activity.

E.

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

1.21

CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE FOR PHYSICAL OR MENTAL ILLNESS(C.R.S. § 12-245-223)

A licensed professional counselor is only subject to disciplinary action for a physical or mental illness if
the licensed professional counselor fails to: comply with the limitations of a Confidential Agreement
entered into pursuant to Section 12-245-223, C.R.S.; fails to act within the limitations created by thephysical or mental illness or condition; or fails to notify the Board of a physical or mental illness orcondition that impacts a licensed professional counselor’s ability to perform a Professional Service withreasonable skill and safety to Clients.
A.

B.

Notice to Board. No later than thirty days from the date a physical or mental illness or condition
impacts a Licensee’s ability to perform Professional Services with reasonable skill and safety, theLicensee shall provide the Board, in writing, the following information:
1.

The diagnosis and a description of the illness or condition;

2.

The date that the illness or condition was first diagnosed;

3.

The name of the current treatment provider and documentation from the current
treatment provider confirming the diagnosis, date of onset, and treatment plan;4.

A description of the Licensee’s practice and any modifications, limitations or restrictions
to that practice that have been made as a result of the illness or condition;

5.

Whether the Licensee has been evaluated by, or is currently receiving services from theBoard’s authorized peer health assistance program related to the illness or condition and,if so, the date of initial contact and whether services are ongoing.

Change of Circumstances; Further Notice. The licensee shall further notify the Board of any
significant change in the illness or condition (“change of condition”) that impacts the Licensee’sability to perform a Professional Service with reasonable skill and safety. The Licensee must
notify the Board of a positive or negative change of condition. Such notification shall occur within
thirty days of the change of condition. The Licensee shall provide the Board, in writing, thefollowing information:
1.

The date of the change of condition;

2.

The name of the current treatment provider and documentation from the current
treatment provider confirming the change of condition, the date that the conditionchanged, the nature of the change of condition, and the current treatment plan;3.

A description of the Licensee’s practice and any modifications, limitations or restrictions
to that practice that have been made as a result of the change of condition;

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CODE OF COLORADO REGULATIONS
Board of Licensed Professional Counselor Examiners

4.

4 CCR 737-1

Whether the Licensee has been evaluated by, or is currently receiving services from, thepeer health assistance program related to the change of condition and, if so, the date ofinitial contact and whether services are ongoing.

C.

Confidential Agreement; Board Discretion. Compliance with this Rule is a prerequisite for
eligibility to enter into a Confidential Agreement with the Board pursuant to section 12-245-223,
C.R.S. However, mere compliance with this Rule does not require the Board to negotiate
regarding, or enter into, a Confidential Agreement. Rather, the Board will evaluate all facts andcircumstances to determine if a Confidential Agreement is appropriate.

D.

Failure to Notify. If the Board discovers that a Licensee has a mental or physical illness orcondition that impacts the Licensee’s ability to perform a Professional Service with reasonableskill and safety and the Licensee has not timely notified the Board of such illness or condition as
required under these rules, the Licensee shall not be eligible for a Confidential Agreement andmay be subject to disciplinary action for failure to notify under section 12-245-223(1), C.R.S., andother related violations contemplated under section 12-245-224(1)(f), C.R.S.

_________________________________________________________________________
Editor’s Notes
History
Rules 10, 17 emer. rules eff. 01/29/2008.
Rules 10, 17 eff. 03/01/2008.
Rules 12, 15, 19, 20 emer. rules eff. 01/01/2011.
Rules 12, 15, 19, 20 eff. 03/01/2011.
Entire rule emer. rule eff. 12/13/2011.
Entire rule eff. 02/01/2012.
Rule 14 eff. 07/01/2012.
Rule 12 eff. 03/16/2016.

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