As used in this article 245, unless the context otherwise requires:
(1) Board includes the state board of psychologist examiners, the state board of social work examiners, the state board of licensed professional counselor examiners, the state board of marriage and family therapist examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners.
(2) Certificate holder means an addiction counselor certified pursuant to this article 245.
(3) Certified addiction counselor means a person who is an addiction counselor certified pursuant to this article 245.
(3.5) (a) Conversion therapy means any practice or treatment by a licensee, registrant, or certificate holder that attempts or purports to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.
(b) Conversion therapy does not include practices or treatments that provide:
(I) Acceptance, support, and understanding for the facilitation of an individual's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek to change sexual orientation or gender identity; or
(II) Assistance to a person undergoing gender transition.
(4) Dementia diseases and related disabilities has the same meaning set forth in section 25-1-502 (2.5).
(5) Licensed addiction counselor means a person who is an addiction counselor licensed pursuant to this article 245.
(6) Licensed professional counselor means a person who is a professional counselor licensed pursuant to this article 245.
(7) Licensed social worker means a person who:
(a) Is a licensed social worker or licensed clinical social worker; and
(b) Is licensed pursuant to this article 245.
(8) Licensee means a psychologist, social worker, clinical social worker, marriage and family therapist, licensed professional counselor, or addiction counselor licensed pursuant to this article 245.
(9) Marriage and family therapist means a person who is a marriage and family therapist licensed pursuant to this article 245.
(10) Professional relationship means an interaction that is deliberately planned or directed, or both, by the licensee, registrant, or certificate holder toward obtaining specific objectives.
(11) Provisional license means a license or certification issued pursuant to section 12-245-208.
(12) Provisional licensee means a person who holds a provisional license pursuant to section 12-245-208.
(13) Psychologist means a person who is a psychologist licensed pursuant to this article 245.
(14) (a) Psychotherapy or psychotherapy services means the treatment, diagnosis, testing, assessment, or counseling in a professional relationship to assist individuals or groups to alleviate behavioral and mental health disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors that interfere with effective emotional, social, or intellectual functioning. Psychotherapy follows a planned procedure of intervention that takes place on a regular basis, over a period of time, or in the cases of testing, assessment, and brief psychotherapy, psychotherapy can be a single intervention.
(b) It is the intent of the general assembly that the definition of psychotherapy as used in this article 245 be interpreted in its narrowest sense to regulate only those persons who clearly fall within the definition set forth in this subsection (14).
(15) Repealed.
(16) Registrant means a psychologist candidate, clinical social worker candidate, marriage and family therapist candidate, licensed professional counselor candidate, or addiction counselor candidate registered pursuant to section 12-245-304 (3), 12-245-404 (4), 12-245-504 (4), 12-245-604 (4), or 12-245-804 (3.7), respectively, or an unlicensed psychotherapist.
(17) (a) Unlicensed psychotherapist means a person:
(I) Whose primary practice is psychotherapy or who holds himself or herself out to the public as being able to practice psychotherapy for compensation; and
(II) Who is registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703 to practice psychotherapy in this state.
(b) Unlicensed psychotherapist also includes a person who:
(I) Is a licensed school psychologist licensed pursuant to section 22-60.5-210 (1)(b);
(II) Is practicing outside of a school setting; and
(III) Is registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1221, � 1, effective October 1; (3.5) added, (HB 19-1129), ch. 378, p. 3411, � 7, effective October 1; (14)(a) amended, (HB 19-1120), ch. 197, p. 2150, � 6, effective October 1. L. 2020: (1) and (16) amended, (15) repealed, and (17) added, (HB 20-1206), ch. 304, p. 1545, � 46, effective July 14. L. 2022: (16) amended, (HB 22-1307), ch. 207, p. 1372, � 3, effective August 10.
Editor's note: (1) This section is similar to former � 12-43-201 as it existed prior to 2019.
(2) (a) Before its relocation in 2019, this section was amended in HB 19-1129. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1129, chapter 378, Session Laws of Colorado 2019.
(b) Before its relocation in 2019, this section was amended in HB 19-1120. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 16, 2019, to October 1, 2019, see HB 19-1120, chapter 197, Session Laws of Colorado 2019.
Cross references: For the legislative declaration in HB 19-1120, see section 1 of chapter 197, Session Laws of Colorado 2019.
12-245-203. Practice outside of or beyond professional training, experience, or competence - general scope of practice for licensure, registration, or certification. (1) Notwithstanding any other provision of this article 245, no licensee, registrant, or certificate holder is authorized to practice outside of or beyond the person's area of training, experience, or competence.
(2) The practice of psychotherapy is one area of practice for mental health professionals licensed, certified, or registered pursuant to this article 245 but may not be the only or primary practice area of the professionals, other than persons registered as unlicensed psychotherapists pursuant to part 7 of this article 245. The requirements for licensure, registration, or certification as a mental health professional pursuant to this article 245 are contained in sections 12-245-303, 12-245-403, 12-245-503, 12-245-603, and 12-245-803, which define the practice of psychology, social work, marriage and family therapy, licensed professional counseling, and addiction counseling, respectively.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1223, � 1, effective October 1. L. 2020: (2) amended, (HB 20-1206), ch. 304, p. 1546, � 47, effective July 14.
Editor's note: This section is similar to former � 12-43-202 as it existed prior to 2019.
12-245-203.5. Minors - consent for outpatient psychotherapy services - immunity - definition. (1) As used in this section, unless the context otherwise requires, mental health professional includes a professional person as defined in section 27-65-102 (27); a mental health professional licensed pursuant to part 3, 4, 5, 6, or 8 of this article 245; a licensed professional counselor candidate; a psychologist candidate; a clinical social worker candidate; a marriage and family therapist candidate; or an addiction counselor candidate.
(2) (a) Notwithstanding any other provision of law, a mental health professional may provide psychotherapy services, as defined in section 12-245-202 (14)(a), to a minor who is twelve years of age or older, without the consent of the minor's parent or legal guardian, if the mental health professional determines that:
(I) The minor is knowingly and voluntarily seeking such services; and
(II) The provision of psychotherapy services is clinically indicated and necessary to the minor's well-being.
(b) A minor may not refuse psychotherapy services when a mental health professional and the minor's parent or legal guardian agree psychotherapy services are in the best interest of the minor.
(3) If a minor voluntarily seeks psychotherapy services on the minor's own behalf pursuant to subsection (2)(a) of this section:
(a) The mental health professional may notify the minor's parent or legal guardian of the psychotherapy services given or needed, with the minor's consent, unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor's care and treatment;
(b) The mental health professional shall engage the minor in a discussion about the importance of involving and notifying the minor's parent or legal guardian and shall encourage such notification to help support the minor's care and treatment; and
(c) Notwithstanding the provisions of subsection (3)(a) of this section, a mental health professional may notify the minor's parent or legal guardian of the psychotherapy services given or needed, without the minor's consent, if, in the professional opinion of the mental health professional, the minor is unable to manage the minor's care or treatment.
(4) A mental health professional shall fully document when the mental health professional attempts to contact or notify the minor's parent or legal guardian and whether the attempt was successful or unsuccessful, or the reason why, in the mental health professional's opinion, it would be inappropriate to contact or notify the minor's parent or legal guardian. If a minor seeks psychotherapy services on the minor's own behalf pursuant to subsection (2)(a) of this section, documentation must be included in the minor's clinical record, along with a written statement signed by the minor indicating that the minor is voluntarily seeking psychotherapy services.
(5) Psychotherapy services must be provided in a culturally appropriate manner. Written and oral instruction, training of providers and staff, and the overall provision of services must be culturally appropriate and provided in a manner and format to support individuals with limited English proficiency or challenges with accessibility related to a disability and with respect for diverse backgrounds, including individuals with different cultural origins and individuals who are lesbian, gay, bisexual, or transgender.
(6) As used in this section, psychotherapy services does not include inpatient psychotherapy services.
(7) If a minor who is receiving psychotherapy services pursuant to this section communicates a serious threat of imminent physical violence against a specific person or persons, including a person who is identifiable by the person's association with a specific location or entity, the mental health professional is subject to the notification provisions of section 13-21-117 (2) and shall notify the minor's parent or legal guardian unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor's care and treatment.
(8) Repealed.
Source: L. 2019: Entire section added, (HB 19-1120), ch. 197, p. 2150, � 7, effective October 1. L. 2022: (1), (2), (3), (4), and (7) amended and (8) repealed, (HB 22-1278), ch. 222, p. 1488, � 5, effective July 1; (1) amended, (HB 22-1256), ch. 451, p. 3223, � 9, effective August 10.
Editor's note: (1) This section is similar to � 12-43-202.5 as added in HB 19-1120. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from May 16, 2019, to October 1, 2019, see HB 19-1120, chapter 197, Session Laws of Colorado 2019.
(2) Amendments to subsection (1) by HB 22-1278 and HB 22-1256 were harmonized.
Cross references: For the legislative declaration in HB 19-1120, see section 1 of chapter 197, Session Laws of Colorado 2019.
12-245-204. Boards - division to supervise - meetings - duties - powers - rules - removal of members - limitation on authority. (1) Each board shall be under the supervision and control of the division.
(2) In addition to all other powers and duties conferred or imposed upon each board by this article 245 or by any other law, each board shall have the powers specified in this section.
(3) (a) (I) Each board shall annually hold a meeting and elect from its membership a chairperson and vice-chairperson. Each board shall meet at such times as it deems necessary or advisable or as deemed necessary and advisable by the chairperson or a majority of its members. Each board may conduct meetings by electronic means. Each board shall give reasonable notice of its meetings in the manner prescribed by law. A majority of each board constitutes a quorum at any meeting or hearing.
(II) All meetings are open to the public, except when:
(A) A board, or an administrative law judge acting on behalf of a board, specifically determines that the harm to a complainant or other recipient of services to keep the proceedings or related documents open to the public outweighs the public interest in observing the proceedings; or
(B) The licensee, registrant, or certificate holder is participating in good faith in a program approved by the board designed to end a substance use disorder and the licensee, registrant, or certificate holder has not violated the board's order regarding the person's participation in the treatment program.
(III) If the board determines that it is in the best interest of a complainant or other recipient of services to keep proceedings or related documents closed to the public, the final action of the board must be open to the public without disclosing the name of the client or other recipient. In all open meetings, the board shall take reasonable steps to keep the names of the recipients of services confidential.
(b) The proceedings of each board shall be conducted pursuant to article 4 of title 24.
(4) Each board is authorized to:
(a) Adopt, and from time to time revise, rules pursuant to section 12-20-204;
(b) Adopt an examination;
(c) Examine for, deny, withhold, or approve the license of an applicant pursuant to section 12-245-214, and renew licenses pursuant to section 12-245-205;
(d) Appoint advisory committees to assist in the performance of its duties;
(e) Conduct hearings in accordance with section 12-20-403 as necessary to carry out its powers and duties.
(5) In carrying out its duties related to the approval of applications for licensure, registration, or certification pursuant to this section, section 12-245-214, and this article 245, each board shall delegate the function of the preliminary review and approval of applications to the staff of the board, with approval of an application ratified by action of the board if ratification is deemed necessary by the board. Each board, in its sole discretion, may individually review any application requiring board consideration prior to the approval of the application pursuant to section 12-245-214 and this article 245.
(6) Each board shall maintain current lists of the names of all licensees, registrants, and certificate holders and records of cases and decisions rendered by the board. In addition, each board shall keep an accurate record of the results of all examinations.
(7) Publications of each board intended for circulation in quantity outside the board shall be issued in accordance with the provisions of section 24-1-136.
(8) Any board member having an immediate personal, private, or financial interest in any matter pending before the board shall disclose the fact and shall not vote upon the matter.
(9) The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three-quarters of the board's meetings in any one calendar year.
(10) The boards shall develop rules or policies to provide guidance to persons licensed, registered, or certified pursuant to this article 245 to assist in determining whether a relationship with a client or potential client is likely to impair his or her professional judgment or increase the risk of client exploitation in violation of section 12-245-224 (1)(i).
(11) The authority granted each board under the provisions of this article 245 does not authorize a board to arbitrate or adjudicate fee disputes between licensees, registrants, or certificate holders, or between a licensee, registrant, or certificate holder and any other party.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1224, � 1, effective October 1. L. 2020: (5) amended, (HB 20-1206), ch. 304, p. 1525, � 3, effective July 14.
Editor's note: Subsection (1) is similar to former � 12-43-210; subsection (2) is similar to former � 12-43-203 (1); subsection (3) is similar to former � 12-43-203 (2); subsection (4) is similar to former � 12-43-203 (3); subsection (5) is similar to former � 12-43-203 (3.5); subsection (6) is similar to former � 12-43-203 (4); subsection (7) is similar to former � 12-43-203 (6); subsection (8) is similar to former � 12-43-203 (9); subsection (9) is similar to former � 12-43-203 (10); subsection (10) is similar to former � 12-43-203 (12); and subsection (11) is similar to former � 12-43-203.5, as those sections existed prior to 2019.