reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-214 - Denial of license, registration, or certification - reinstatement

(1)
Each board is empowered to determine whether an applicant for licensure, registration, or certification, or for registry as a candidate for licensure, registration, or certification, possesses the qualifications required by this article 245.
(2)
If a board determines that an applicant does not possess the applicable qualifications required by this article 245 or, for a licensed clinical social worker, licensed social worker, licensed marriage and family therapist, licensed professional counselor, licensed addiction counselor, or certified addiction counselor, is unable to demonstrate continued professional competence as required by section
12-245-410
,
12-245-506
,
12-245-606
, or
12-245-806
, respectively, the board may deny the applicant a license, registration, or certification or deny the reinstatement of a license, registration, or certification. If the application is denied, the board shall provide the applicant with a statement in writing setting forth the basis of the board's determination that the applicant does not possess the qualifications or professional competence required by this article 245. The applicant may request a hearing on the determination as provided in section
24-4-104(9)
.
(3)
If a board has any reason to believe that, or receives any information that, an applicant has committed any of the acts set forth in section
12-245-224(1)
as grounds for discipline, the board may deny a license, registration, or certification to the applicant if the board determines that there is a basis for the denial. The order of the board to grant or deny a license, registration, or certification constitutes final agency action.
(4)
A board, on its own motion or upon application, at any time after the refusal to grant a license, registration, or certification, may reconsider its prior action and grant a license, registration, or certification. The board has sole discretion to determine whether to take further action on the application after it refuses to grant a license, registration, or certification.
Amended by 2020 Ch. 304,§ 9, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-212
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 88: Entire article R&RE, p. 542, § 1, effective July 1. L. 98: (3) amended, p. 1112, § 12, effective July 1. L. 2009: (2) amended, (HB 09-1086), ch. 304, p. 1641, §1, effective August 5. L. 2011: Entire section amended, (SB 11-187), ch. 285, p. 1300, §28, effective July 1.
This section is similar to former § 12-43-212 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-215 - Legislative intent - schools and colleges - examinations

It is the intent of the general assembly that the definition relating to full-time courses of study and institutions of higher education for graduation of persons who are qualified to take examinations for licensure under this article 245 be liberally construed by each board under the board's rule-making powers to ensure the right to take the examinations. It is not the intent that technical barriers be used to deny the ability to take an examination.
Renumbered from C.R.S. §
12-43-213
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 88: Entire article R&RE, p. 542, § 1, effective July 1. L. 2008: Entire section amended, p. 420, § 13, effective August 5. L. 2011: Entire section amended, (SB 11-187), ch. 285, p. 1300, §29, effective July 1.
This section is similar to former § 12-43-213 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-218 - Title use restrictions

(1)
A psychologist, social worker, marriage and family therapist, professional counselor, psychotherapist, or addiction counselor may only use the title for which the person is licensed, certified, or registered under this article 245. Except as provided in section
12-245-306(3)
, no other person shall:
(a)
Hold himself or herself out to the public by any title or description of services incorporating the terms "licensed clinical social worker", "clinical social worker", "LCSW", "licensed social worker", "LSW", "clinical social worker candidate", "provisional social worker", "SWP", "marriage and family therapist", "LMFT", "MFT", "marriage and family therapist candidate", "MFT candidate", "MFTC", "professional counselor", "licensed professional counselor", "LPC", "licensed professional counselor candidate", "LPCC", "provisional licensed professional counselor", "psychologist", "provisional psychologist", "psychologist candidate", "psychology", "psychological", "unlicensed psychotherapist", "addiction counselor", "licensed addiction counselor", "LAC", "certified addiction specialist", "CAS", "certified addiction technician", "CAT", or "addiction counselor candidate"; or
(b)
State or imply that the person is licensed, certified, or registered to practice social work, marriage and family therapy, professional counseling, psychology, psychotherapy, or addiction counseling.
(2)
Nothing in this section shall prohibit a person from stating or using the educational degrees that the person has obtained.
Amended by 2021 Ch. 399,§ 1, eff. 7/1/2021.
Amended by 2020 Ch. 304,§ 12, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-216
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43-216 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-219 - Judicial review of final board actions and orders

Section 12-20-408 governs judicial review of final actions and orders of a board appropriate for judicial review. Judicial proceedings for the enforcement of a board order may be instituted in accordance with section
24-4-106(11)
.
Renumbered from C.R.S. §
12-43-217
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43-217 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-221 - Article not to restrict other professions

(1)
Nothing in this article 245 shall be construed to prohibit any member of any other profession who is duly licensed or certified pursuant to the laws of this state from rendering service consistent with his or her training and professional ethics so long as the professional does not hold himself or herself out to the public by any title or description to which the professional is not entitled pursuant to the provisions of this article 245.
(2)
No person licensed pursuant to part 1 of article
255
of this title 12 shall be subject to the jurisdiction of a board created pursuant to this article 245 to the extent the person is under the jurisdiction of the state board of nursing.
Amended by 2020 Ch. 157,§ 47, eff. 7/1/2020.
Renumbered from C.R.S. §
12-43-219
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 88: Entire article R&RE, p. 545, § 1, effective July 1. L. 95: Entire section amended, p. 1089, § 14, effective July 1.
This section is similar to former § 12-43-219 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-222 - Powers and duties of the boards - rules

(1)
In addition to all other powers and duties conferred and imposed upon the boards, each board has the following powers and duties with respect to the licensing, registration, and certification of the persons licensed, registered, or certified by each individual board pursuant to this article 245:
(a)
To annually elect one of its members as chairperson and one as vice-chairperson. Each board may meet at such times and adopt such rules for its government as it deems proper.
(b)
To make investigations, hold hearings, and take evidence in accordance with section
12-20-403
, article
4
of title
24
, and this article 245 in all matters relating to the exercise and performance of the powers and duties vested in each board;
(c)
To aid the several district attorneys of this state in the enforcement of this article 245 and in the prosecution of all persons, firms, associations, or corporations charged with the violation of any of its provisions and to report to the appropriate district attorney any violation of this article 245 that it reasonably believes involves a criminal violation;
(d)
To take disciplinary actions in conformity with this article 245 and section
12-20-404
;
(e)
Through the department and subject to appropriations made to the department, to employ administrative law judges on a full-time or part-time basis to conduct any hearings required by this article 245;
(f)
To notify the public of all disciplinary actions taken against licensees, registrants, or certificate holders pursuant to this article 245.
(2)
Pursuant to this part 2, section
12-20-204
, and article
4
of title
24
, each board is authorized to adopt and revise rules as necessary to enable the board to carry out the provisions of this part 2 with respect to the regulation of the persons licensed, registered, or certified by each individual board pursuant to this article 245.
Renumbered from C.R.S. §
12-43-221
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 98: Entire section added with relocations, p. 1115, § 18, effective July 1. L. 2004: (1)(b) amended, p. 1851, § 103, effective August 4. L. 2008: IP(1), (1)(b)(I), (1)(b)(II), (1)(f), and (2) amended, p. 423, § 18, effective August 5. L. 2011: IP(1), (1)(b), (1)(f), and (2) amended, (SB 11-187), ch. 285, p. 1304, §33, effective July 1.
This section is similar to former § 12-43-221 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-222.5 - [Repealed]

Added by 2020 Ch. 304,§14, eff. 7/14/2020.
Subsection (9) provided for the repeal of this section, effective June 30, 2021. (See L. 2020, p. 1529.)
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-223 - Confidential agreement to limit practice

Section 12-30-108 concerning confidential agreements to limit practice applies to this article 245.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43-221.5 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-225 - Authority of boards - cease-and-desist orders - rules - fines

(1)
If a licensee, registrant, or certificate holder violates any provision of section
12-245-224
, the board that licenses, registers, or certifies the licensee, registrant, or certificate holder may, in accordance with section
12-20-404
:
(a)
Issue and send, by certified mail, a letter of admonition to a licensee, registrant, or certificate holder under the circumstances specified in and in accordance with section
12-20-404(4)
;
(b)
Place a licensee, registrant, or certificate holder on probation;
(c)
Deny, revoke, or suspend the person's license, registration, or certification;
(d)
Deny, revoke, or suspend the listing of an unlicensed psychotherapist in the state board of unlicensed psychotherapists database established pursuant to section
12-245-703
;
(e)
Issue and send a confidential letter of concern to a licensee, registrant, or certificate holder under the circumstances specified in section
12-20-404(5)
; or
(f)
Apply for an injunction pursuant to section
12-245-230
to enjoin a licensee, registrant, or certificate holder from practicing the profession for which the person is licensed, registered, or certified under this article 245.
(2)
When a licensee, registrant, or certificate holder violates an administrative requirement of this article 245, the board regulating the licensee, registrant, or certificate holder may impose an administrative fine on the licensee, registrant, or certificate holder, not to exceed five thousand dollars per violation. Each board shall adopt rules establishing a schedule of fines setting forth different levels of fines based on whether the licensee, registrant, or certificate holder has committed a single violation or subsequent violations of administrative requirements.
(3)
A board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section
12-20-405
.
Amended by 2020 Ch. 304,§ 52, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-223
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 98: Entire section added with relocations, p. 1119, § 18, effective July 1. L. 2006: (4) amended and (5) to (8) added, p. 812, § 39, effective July 1. L. 2011: (1) and (3) amended, (SB 11-187), ch. 285, p. 1287, §15, effective July 1.
This section is similar to former § 12-43-223 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-227 - Reconsideration and review of action of a board

A board, on its own motion or upon application, at any time after the imposition of any discipline as provided in section
12-245-226
, may reconsider its prior action and reinstate or restore the license, registration, or certification; terminate probation; or reduce the severity of its prior disciplinary action. The board has sole discretion to determine whether to take further action or hold a hearing with respect to its prior disciplinary action.
Renumbered from C.R.S. §
12-43-225
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 98: Entire section added with relocations, p. 1124, § 18, effective July 1. L. 2011: Entire section amended, (SB 11-187), ch. 285, p. 1309, §35, effective July 1.
This section is similar to former § 12-43-225 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-228 - Unauthorized practice - penalties

(1)
Any person who practices or offers or attempts to practice as a psychologist, social worker, marriage and family therapist, licensed professional counselor, psychotherapist, or addiction counselor without an active license, registration, or certification issued under this article 245 is subject to penalties pursuant to section
12-20-407(1)(a)
.
(2)
No action may be maintained for the breach of a contract involving the unlawful practice of psychology, social work, professional counseling, marriage and family therapy, addiction counseling, or psychotherapy or for the recovery of compensation for services rendered under such a contract.
(3)
When an individual has been the recipient of services prohibited by this article 245, whether or not the person knew that the rendition of the services were unlawful:
(a)
The person or the person's personal representative is entitled to recover the amount of any fee paid for the services; and
(b)
Damages for injury or death occurring as a result of the services may be recovered in an appropriate action without any showing of negligence.
Renumbered from C.R.S. §
12-43-226
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 98: Entire section added with relocations, p. 1124, § 18, effective July 1. L. 2001: (1)(a) amended, p. 380, § 3, effective April 17. L. 2002: (2) amended, p. 1481, § 88, effective October 1. L. 2005: (1)(b) amended, p. 127, § 5, effective August 8. L. 2006: (1) and (3) repealed and (2) amended, p. 94, §§ 53, 52, effective August 7. L. 2008: (2) and (4) amended, p. 424, § 20, effective August 5. L. 2011: (2) amended, (SB 11-187), ch. 285, p. 1309, §36, effective July 1.
This section is similar to former § 12-43-226 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-229 - Licensee duties relating to assistance animals - definitions

(1)
A licensee who is approached by a patient seeking an assistance animal as a reasonable accommodation in housing shall either:
(a)
Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or
(b)
Make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the animal.
(2)
This section does not:
(a)
Change any laws or procedures related to a service animal under Title II and Title III of the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., as amended;
(b)
Affect in any way the right of pet ownership in public housing established in
42 U.S.C. sec. 1437z-3
, as amended; or
(c)
Limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.
(3)
A licensee shall not make a determination related to subsection (1) of this section unless the licensee:
(a)
Has met with the patient in person;
(b)
Is sufficiently familiar with the patient and the disability; and
(c)
Is legally and professionally qualified to make the determination.
(4)
For purposes of this section:
(a)
"Assistance animal" means an animal that qualifies as a reasonable accommodation under the federal "Fair Housing Act",
42 U.S.C. sec. 3601
et seq., as amended, or section 504 of the federal "Rehabilitation Act of 1973",
29 U.S.C. sec. 794
, as amended.
(b)
"Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal "Fair Housing Act",
42 U.S.C. sec. 3601
et seq., as amended, and
24 CFR 100.201
.
(c)
"Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., as amended.
Renumbered from C.R.S. §
12-43-226.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2016 Ch. 309,§ 4, eff. 1/1/2017.
This section is similar to former § 12-43-226.5 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-230 - Injunctive proceedings

(1)
A board may apply for an injunction in accordance with section
12-20-406
, but only to enjoin:
(a)
Any person licensed, registered, or certified by that board pursuant to this article 245 from committing any act prohibited by this article 245;
(b)
A licensee, registrant, or certificate holder regulated by that board from practicing the profession for which the person is licensed, registered, or certified under this article 245 if the person has violated section
12-245-224
or
12-245-226(2)(d)
.
(2)
If the board demonstrates that the defendant has been or is committing any act prohibited by this article 245, the court shall enter a decree perpetually enjoining the defendant from further committing the act or from practicing any profession licensed, registered, or certified pursuant to this article 245.
Renumbered from C.R.S. §
12-43-227
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 98: Entire section added with relocations, p. 1125, § 18, effective July 1. L. 2005: IP(1) and (1)(b) amended, p. 128, § 6, effective August 8. L. 2011: Entire section amended, (SB 11-187), ch. 285, p. 1309, §37, effective July 1.
This section is similar to former § 12-43-227 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-233 - Auricular acudetox by professionals - training - definition

(1)
A professional who has provided documentation that he or she has been trained to perform auricular acudetox in accordance with subsection (4) of this section may perform auricular acudetox if the auricular acudetox is performed under the professional's current scope of practice.
(2)
A professional performing auricular acudetox pursuant to subsection (1) of this section shall not use the title "acupuncturist" or otherwise claim to be a person qualified to perform acupuncture beyond the scope of this section.
(3)
As used in this section "auricular acudetox" means the subcutaneous insertion of sterile, disposable acupuncture needles in the following five consistent, predetermined bilateral locations:
(a)
Sympathetic;
(b)
Shen men;
(c)
Kidney;
(d)
Liver; and
(e)
Lung.
(4)
In order to perform auricular acudetox pursuant to subsection (1) of this section, a professional must successfully complete a training program in auricular acudetox for the treatment of substance use disorders that meets or exceeds standards of training established by the National Acupuncture Detoxification Association or another organization approved by the director.
Amended by 2020 Ch. 304,§ 17, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-228.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2018 Ch. 52,§ 2, eff. 8/8/2018.
Amended by 2017 Ch. 263,§ 94, eff. 5/25/2017.
Added by 2013 Ch. 416,§ 2, eff. 7/1/2013.
L. 2013: Entire section added, (SB 13-207), ch. 416, p. 2463, § 2, effective July 1. L. 2017: (4) amended, (SB 17-242), ch. 263, p. 1288, § 94, effective May 25. L. 2018: (1) amended, (SB 18-020), ch. 52, p. 494, § 2, effective August 8.
This section is similar to former § 12-43-228.5 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-234 - Repeal of article - subject to review

This article 245 is repealed, effective September 1, 2029. Before the repeal, all of the boards relating to the licensing, registration, or certification of and grievances against any person licensed, registered, or certified pursuant to this article 245 are scheduled for review in accordance with section
24-34-104
.
Amended by 2020 Ch. 304,§ 1, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-229
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 98: Entire section added with relocations, p. 1127, § 18, effective July 1. L. 2004: Entire section amended, p. 911, § 6, effective July 1. L. 2008: Entire section amended, p. 424, § 21, effective August 5. L. 2011: Entire section amended, (SB 11-187), ch. 285, p. 1274, §1, effective July 1.
This section is similar to former § 12-43-229 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 3 - PSYCHOLOGISTS (§§ 12-245-301 — 12-245-309) › Section 12-245-303 - Practice of psychology defined

(1)
For the purposes of this part 3, the "practice of psychology" means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures, for the purpose of:
(a)
Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior;
(b)
Evaluating, assessing, or facilitating the enhancement of individual, group, or organizational effectiveness, including personal effectiveness, adaptive behavior, interpersonal relationships, work and life adjustment, health, and individual, group, or organizational performance; or
(c)
Providing clinical information to be utilized in legal proceedings.
(2)
The practice of psychology includes:
(a)
Psychological testing and the evaluation or assessment of personal characteristics such as intelligence; personality; cognitive, physical, or emotional abilities; skills; interests; aptitudes; and neuropsychological functioning;
(b)
Counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy;
(c)
Diagnosis, treatment, and management of behavioral, mental, or emotional health disorders or disabilities; substance use disorders; and disorders of habit or conduct, as well as of the psychological aspects of physical illness, accident, injury, or disability;
(d)
Psychoeducational evaluation, therapy, and remediation;
(e)
Consultation with physicians, other health-care professionals, and patients regarding all available treatment options with respect to provision of care for a specific patient or client;
(f)
The provision of direct services to individuals or groups for the purpose of enhancing individual and thereby organizational effectiveness, using psychological principles, methods, or procedures to assess and evaluate individuals on personal characteristics for individual development or behavior change or for making decisions about the individual, such as selection; and
(g)
The supervision of any of the practices described in this subsection (2).
(3)
Psychological services may be rendered to individuals, families, groups, organizations, institutions, the public, and the courts.
(4)
The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered.
Renumbered from C.R.S. §
12-43-303
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 263,§ 95, eff. 5/25/2017.
L. 98: Entire part R&RE, p. 1129, § 19, effective July 1. L. 2011: (1) and (2) amended, (SB 11-187), ch. 285, p. 1311, §41, effective July 1. L. 2017: (2)(c) amended, (SB 17-242), ch. 263, p. 1288, § 95, effective May 25.
This section is similar to former § 12-43-303 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 3 - PSYCHOLOGISTS (§§ 12-245-301 — 12-245-309) › Section 12-245-305 - Rights and privileges of licensure - title

(1)
Any person who possesses a valid, unsuspended, and unrevoked license as a licensed psychologist has the right to:
(a)
Engage in the private, independent practice of psychology;
(b)
Practice and supervise psychology practice; and
(c)
Use the title "psychologist" and the terms "psychology" and "psychological". No other person may assume these titles or use these terms on any work or letter, sign, figure, or device to indicate that the person using the title or terms is a licensed psychologist.
(2)
Any person duly licensed as a psychologist shall not be required to obtain any other license or certification to practice psychology unless otherwise required by the board.
Renumbered from C.R.S. §
12-43-305
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43-305 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 3 - PSYCHOLOGISTS (§§ 12-245-301 — 12-245-309) › Section 12-245-308 - Psychology interjurisdictional compact act - powers and duties of the board - rules - definition

(1)
For purposes of this section, "compact" means the psychology interjurisdictional compact authorized in part 39 of article
60
of title
24
. With regard to the compact, the board has the following powers and duties:
(a)
To facilitate Colorado's participation in the compact;
(b)
To promulgate rules necessary for the implementation, administration, and enforcement of the compact. The board shall promulgate rules in accordance with article
4
of title
24
.
(c)
To appoint a person to serve as a commissioner on the psychology interjurisdictional compact commission;
(d)
To regulate telepsychology in accordance with the compact;
(e)
To regulate psychologist temporary authorization to practice in accordance with the compact;
(f)
To notify the psychology interjurisdictional compact commission of any adverse action regarding a licensed psychologist;
(g)
To provide uniform data to a coordinated license information system consistent with the rules of the psychology interjurisdictional compact commission;
(h)
To approve payment of assessments levied by the psychology interjurisdictional compact commission to cover the cost of the operations and activities of the commission and its staff.
Renumbered from C.R.S. §
12-43-308
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2018 Ch. 133,§ 3, eff. 8/8/2018.
This section is similar to former § 12-43-308 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 4 - SOCIAL WORKERS (§§ 12-245-401 — 12-245-411) › Section 12-245-401 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Approved school" means any university or other institution of higher education offering a full-time undergraduate course of study in social work approved by the Council on Social Work Education or its predecessor organization.
(2)
"Board" means the state board of social work examiners, created in section
12-245-402
.
(3)
"Clinical social work practice" shall have the same meaning as "social work practice" as defined in section
12-245-403
.
(4)
"Graduate school of social work" means any university or other institution of higher education offering a full-time graduate course of study in social work approved by the Council on Social Work Education or its predecessor organization.
(5)
"Independent practice" means practicing independent of supervision.
(6)
"Independent private practice" means a practice charging a fee in a setting other than under the auspices of a public or private nonprofit agency exempt from federal income tax under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended.
(7)
"Licensed clinical social worker" means any person licensed under the provisions of this part 4 as a clinical social worker.
(8)
"Licensed social worker" means a person licensed under this part 4 as a licensed social worker.
(9)
"Social worker" means a person who has completed an earned master's or bachelor's degree in social work from a social work education program accredited by the Council on Social Work Education, or a doctoral degree in social work from a doctoral program within a social work education program accredited by the Council on Social Work Education, and who is practicing within the scope of section
12-245-403
.
Renumbered from C.R.S. §
12-43-401
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2016 Ch. 98, § 9, eff. 1/1/2017.
L. 98: Entire part R&RE, p. 1133, § 19, effective July 1. L. 2000: (6) amended, p. 1843, § 20, effective August 2. L. 2004: (5.5) and (11) added and (8) to (10) amended, p. 912, § 10, effective July 1. L. 2005: (3) amended, p. 128, § 7, effective August 8. L. 2009: (4) amended, (HB 09 -1339), ch. 427, p. 2382, § 1, effective July 1. L. 2011: (3) and (9) repealed and (8) amended, (SB 11-187), ch. 285, pp. 1311, 1313, §§ 39, 43, effective July 1. L. 2016: (11) amended, (HB 16-1103), ch. 98, p. 282, § 9, effective 1/1/2017.
This section is similar to former § 12-43-401 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 4 - SOCIAL WORKERS (§§ 12-245-401 — 12-245-411) › Section 12-245-406 - Scope of part

(1)
The practice of social work includes, but is not limited to, the following professional services: Assessment; differential diagnosis; treatment planning and evaluation; measurement of psychosocial functioning; crisis intervention; outreach; short- and long-term treatment; psychotherapy; therapeutic intervention; client education; case management; mediation; advocacy; discharge, referral, and continuity of care planning; consultation; supervision; research; administration; education; social group work; community organization; and social policy analysis and development. Social work practice also may encompass other current or developing modalities and techniques that are consistent with this scope.
(2)
A person may not state that he or she is engaged in the practice of social work as a social worker, or refer to himself or herself as a social worker, unless the person is licensed pursuant to this part 4 or has completed an earned social work degree, as specified in section
12-245-401 (9)
. A person may not practice as a clinical social worker unless licensed pursuant to section
12-245-404 (2)
or licensed to practice social work and supervised pursuant to section
12-245-404 (1) or (2)
.
(3)
No person may supervise the practice of social work for the purpose of licensure compliance or disciplinary proceedings unless approved by the board pursuant to section
12-245-404
.
(4)
Nothing in this part 4 shall be construed to prevent members of other professions licensed under the laws of this state from rendering services within the scope of practice so long as they do not represent themselves to be social workers or their services as social work.
(5)
Nothing in this part 4 prevents the practice of psychotherapy by persons registered with the state board of unlicensed psychotherapists pursuant to section
12-245-703
.
Amended by 2020 Ch. 304,§ 57, eff. 7/14/2020.
Amended by 2020 Ch. 304,§ 19, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-406
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2016 Ch. 98, § 13, eff. 1/1/2017.
L. 98: Entire part R&RE, p. 1140, § 19, effective July 1. L. 2004: (2) and (3) amended, p. 915, § 15, effective July 1. L. 2011: (2) and (5) amended, (SB 11 -187), ch. 285, p. 1315, § 47, effective July 1. L. 2016: (2) amended, (HB 16-1103), ch. 98, p. 283, § 13, effective 1/1/2017.
This section is similar to former § 12-43-406 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 4 - SOCIAL WORKERS (§§ 12-245-401 — 12-245-411) › Section 12-245-407 - Exemptions

Nothing in this part 4 shall be construed to prevent the teaching of social work, or the conduct of social work research, if the teaching or research does not involve the delivery or supervision of direct social work services to individuals who are themselves, rather than a third party, the intended beneficiaries of the services without regard to the source or extent of payment for services rendered. Nothing in this part 4 prevents the provision of expert testimony by social workers who are exempted by this part 4. A person who has completed an earned doctoral degree in social work from an approved school may use the title "social worker" in conjunction with activities permitted in this section.
Renumbered from C.R.S. §
12-43-407
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2016 Ch. 98, § 14, eff. 1/1/2017.
L. 98: Entire part R&RE, p. 1141, § 19, effective July 1. L. 2016: Entire section amended, (HB 16-1103), ch. 98, p. 283, § 14, effective 1/1/2017.
This section is similar to former § 12-43-407 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 4 - SOCIAL WORKERS (§§ 12-245-401 — 12-245-411) › Section 12-245-408 - [Effective Until 8/7/2024] Clinical social work practice of psychotherapy

For the purpose of licensure, the practice, under this part 4, of psychotherapy and other clinical activities within the definition of social work practice in section
12-245-403
is limited to licensed clinical social workers or licensed social workers supervised in accordance with section
12-245-404 (2)(c)
.
Amended by 2020 Ch. 304, § 20, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-409
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 98: Entire part R&RE, p. 1141, § 19, effective July 1. L. 2011: Entire section amended, (SB 11 -187), ch. 285, p. 1315, § 49, effective July 1.
This section is similar to former § 12-43-409 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 4 - SOCIAL WORKERS (§§ 12-245-401 — 12-245-411) › Section 12-245-408 - [Effective 8/7/2024] Clinical social work practice of psychotherapy

For the purpose of licensure, the practice, under this part 4, of psychotherapy and other clinical activities within the definition of social work practice in section
12-245-403
is limited to licensed clinical social workers or licensed social workers and clinical social worker candidates supervised in accordance with section
12-245-404 (2)(c)
.
Amended by 2024 Ch. 217,§ 5, eff. 8/7/2024.
Amended by 2020 Ch. 304, § 20, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-409
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 98: Entire part R&RE, p. 1141, § 19, effective July 1. L. 2011: Entire section amended, (SB 11 -187), ch. 285, p. 1315, § 49, effective July 1.
This section is similar to former § 12-43-409 as it existed prior to 2019.
2024 Ch. 217, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 4 - SOCIAL WORKERS (§§ 12-245-401 — 12-245-411) › Section 12-245-409 - Employees of social services

(1)
Notwithstanding the exemption in section
12-245-217 (2)(b)
, an employee of the department of human services or the behavioral health administration in the department of human services, an employee of a county department of human or social services, or personnel under the direct control or supervision of those departments or administration shall not state that the person is engaged in the practice of social work as a social worker or refer to the person's self as a social worker unless the person is licensed pursuant to this part 4 or has completed an earned social work degree, as specified in section
12-245-401 (9)
.
(2)
Notwithstanding the exemption in section
12-245-217 (2)(b)
, any employee licensed pursuant to this article 245 who is terminated from employment by the department of human services, the behavioral health administration in the department of human services, or a county department of human or social services is subject to review and disciplinary action by the board that licenses or regulates the employee.
(3)
An employee of the department of human services, the behavioral health administration in the department of human services, or a county department of human or social services who has completed a bachelor's or master's degree in social work may apply to the board, for purposes related to licensure under this part 4, for approval for supervision by a person other than a licensed clinical social worker. The board shall consider input from representatives of the department of human services, the behavioral health administration in the department of human services, and the county departments of human or social services when promulgating the rule concerning what qualifications or experience a person is required to possess in order to supervise an employee pursuant to this subsection (3).
Amended by 2022 Ch. 222, § 8, eff. 7/1/2022.
Renumbered from C.R.S. §
12-43-410
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2018 Ch. 38, § 5, eff. 8/8/2018.
Amended by 2016 Ch. 98, § 15, eff. 1/1/2017.
L. 98: Entire part R&RE, p. 1142, § 19, effective July 1. L. 2004: (1) amended, p. 916, § 16, effective July 1. L. 2005: (3) amended, p. 129, § 10, effective August 8. L. 2011: Entire section amended, (SB 11 -187), ch. 285, p. 1316, § 50, effective July 1. L. 2016: (1) and (3) amended, (HB 16-1103), ch. 98, p. 283, § 15, effective 1/1/2017. L. 2018: (1) and (2) amended, (SB 18-092), ch. 38, p. 397, § 5, effective August 8.
This section is similar to former § 12-43-410 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 5 - MARRIAGE AND FAMILY THERAPISTS (§§ 12-245-501 — 12-245-506) › Section 12-245-501 - Definitions

As used in this part 5, unless the context otherwise requires:
(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.
(2)
"Board" means the state board of marriage and family therapist examiners created in section
12-245-502
.
(2.5)
"Clinical supervision" means:
(a)
The evaluation and modification or approval by a supervisor of the clinical practice of the person being supervised; and
(b)
A source of knowledge, expertise, and more advanced skills made available to the person being supervised.
(3)
"Licensed marriage and family therapist" means a person licensed under the provisions of this part 5.
Amended by 2020 Ch. 304,§ 28, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-501
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 98: Entire part R&RE, p. 1142, § 19, effective July 1. L. 2011: (3) and (5) repealed, (SB 11-187), ch. 285, p. 1311, §39, effective July 1.
This section is similar to former § 12-43-501 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 5 - MARRIAGE AND FAMILY THERAPISTS (§§ 12-245-501 — 12-245-506) › Section 12-245-502 - State board of marriage and family therapist examiners - created - members - terms

(1)
There is created under the supervision and control of the division the state board of marriage and family therapist examiners, which consists of seven members who are residents of the state of Colorado. The state board of marriage and family therapist examiners is a
type 1
entity, as defined in section
24-1-105
.
(2)
(a)
The members of the board shall be appointed by the governor as follows:
(I)
Three members of the general public who are not regulated by this article 245; and
(II)
Four marriage and family therapists.
(b)
The public members shall have never been a marriage and family therapist, an applicant or former applicant for licensure as a marriage and family therapist, a member of another mental health profession, or a member of a household that includes a marriage and family therapist or a member of another mental health profession or otherwise have conflicts of interest or the appearance of conflicts with his or her duties as a board member.
(3)
Each board member shall hold office until the expiration of the member's appointed term or until a successor is duly appointed. Members shall serve terms of four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A member shall not serve more than two full consecutive terms. Any vacancy occurring in the board membership other than by the expiration of a term shall be filled by the governor by appointment for the remainder of the unexpired term of the member.
(4)
The governor may remove any board member for misconduct, incompetence, or neglect of duty after giving the board member a written statement of the charges and an opportunity to be heard thereon. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three quarters of the total meetings in any calendar year.
(5)
Repealed.
Amended by 2022 Ch. 469,§127, eff. 8/10/2022.
Amended by 2022 Ch. 207,§7, eff. 8/10/2022.
Amended by 2022 Ch. 2,§18, eff. 2/25/2022.
Amended by 2020 Ch. 304,§25, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-502
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
L. 98: Entire part R&RE, p. 1143, § 19, effective July 1. L. 2004: (2)(c), (4), and (6) amended, p. 916, § 17, effective July 1. L. 2007: (3) and (4) amended, p. 133, § 3, effective August 3. L. 2011: (2)(a), IP(4)(b), and (4)(b)(III) amended, (SB 11-187), ch. 285, p. 1316, §51, effective July 1.
This section is similar to former § 12-43-502 as it existed prior to 2019.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 207, was passed without a safety clause. See Colo. Const. art. V, § 1(3).