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 12-245-217 - Scope of article - exemptions

(1)
A person engaged in the practice of religious ministry is not required to comply with this article 245; except that the person shall not publicly claim to hold any title incorporating the term "psychologist", "social worker", "licensed social worker", "LSW", "licensed clinical social worker", "LCSW", "clinical social worker", "licensed marriage and family therapist", "LMFT", "licensed professional counselor", "LPC", "addiction counselor", "licensed addiction counselor", "LAC", "certified addiction counselor", "CAC", "certified addiction specialist", "CAS", "certified addiction technician", or "CAT" unless the person is licensed or certified pursuant to this article 245.
(2)
This article 245 does not apply to:
(a)
The practice of employment or rehabilitation counseling as performed in the private and public sectors; except that the provisions of this article 245 shall apply to employment or rehabilitation counselors practicing psychotherapy in the field of mental health;
(b)
Employees of the department of human services or the behavioral health administration in the department of human services; employees of county departments of human or social services; or personnel under the direct supervision and control of the state department of human services, the behavioral health administration, or any county department of human or social services for work undertaken as part of their employment;
(c)
Persons who are licensed pursuant to section
22-60.5-210
and who are not licensed under this article 245 for work undertaken as part of their employment by, or contractual agreement with, the public schools;
(d)
Mediators resolving judicial disputes pursuant to part 3 of article
22
of title
13
;
(e)
A person who resides in another state and who is currently licensed or certified as a psychologist, marriage and family therapist, clinical social worker, professional counselor, or addiction counselor in that state to the extent that the licensed or certified person performs activities or services in this state, if the activities and services:
(I)
Are performed within the scope of the person's license or certification;
(II)
Do not exceed twenty days per year in this state;
(III)
Are not otherwise in violation of this article 245; and
(IV)
Are disclosed to the public that the person is not licensed or certified in this state;
(f)
A professional coach, including a life coach, executive coach, personal coach, or business coach, who has had coach-specific training and who serves clients exclusively as a coach, as long as the professional coach does not engage in the practice of psychology, social work, marriage and family therapy, licensed professional counseling, psychotherapy, or addiction counseling, as those practices are defined in this article 245.
(g)
Students who are enrolled in a school program and are practicing as part of a school practicum or clinical program;
(h)
A professional practicing auricular acudetox in accordance with section
12-245-233
; or
(i)
Screeners conducting screenings pursuant to the sixth through twelfth grade mental health screening program created in section
27-50-903
.
(3)
Nothing in this section limits the applicability of section
18-3-405.5
, which applies to any person while practicing psychotherapy as defined in this article 245.
(4)
The provisions of section
12-245-703
do not apply to employees of community mental health centers or clinics as those centers or clinics are defined by section
27-66-101
, but persons practicing outside the scope of employment as employees of a facility defined by section
27-66-101
are subject to the provisions of section
12-245-703
.
Amended by 2023 Ch. 363,§ 2, eff. 6/5/2023.
Amended by 2022 Ch. 207, § 5, eff. 8/10/2022.
Amended by 2022 Ch. 222, § 7, eff. 7/1/2022.
Amended by 2020 Ch. 304, § 11, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-215
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2018 Ch. 38, § 4, eff. 8/8/2018.
L. 88: Entire article R&RE, p. 543, § 1, effective July 1. L. 89: (3) to (5) added, p. 699, § 4, effective June 7. L. 92: (6), (7), and (8) added, p. 2035, § 5, effective July 1. L. 94: (3) amended, p. 2639, § 83, effective July 1. L. 95: (8) amended, p. 1093, § 8, effective May 31. L. 98: (1) and (8) amended, p. 1113, § 14, effective July 1. L. 2000: (4) amended, p. 1842, § 18, effective August 2. L. 2003: (9) added, p. 1321, § 1, effective April 22. L. 2004: (1) and (7) amended and (10) added, p. 910, § 4, effective July 1. L. 2008: (1) amended, p. 421, § 15, effective August 5. L. 2010: (8) amended, (SB 10 -175), ch. 188, p. 779, § 12, effective April 29. L. 2011: (5), (7), and (10) amended, (SB 11 -187), ch. 285, p. 1302, § 31, effective July 1. L. 2018: (3) amended, (SB 18-092), ch. 38, p. 397, § 4, effective August 8.
This section is similar to former § 12-43-215 as it existed prior to 2019.
2022 Ch. 207, was passed without a safety clause. See Colo. Const. art. V, § 1(3).