As used in this part 3, unless the context otherwise requires:
(1) Adverse action means any action taken by the board that finds a violation of a statute or rule that is identified by the board as discipline and is a matter of public record.
(2) Approved school means any university or other institution of higher education offering a full-time graduate course of study in psychology and having programs approved by the American Psychological Association or the board.
(3) Board means the state board of psychologist examiners created by section 12-245-302 (1).
(4) Independently licensed prescribing physician means a physician licensed pursuant to article 240 of this title 12 who supervises licensed psychologists participating in practicums described in section 12-245-309 (2)(a)(IV).
(5) Licensed psychologist means a person licensed pursuant to this part 3.
(6) Narcotic drug has the same meaning as set forth in section 18-18-102 (20).
(7) Prescribing psychologist means a licensed psychologist who holds a prescription certificate.
(8) Prescription certificate means a document issued by the board, with approval of the Colorado medical board, to a licensed psychologist that permits the licensed psychologist to prescribe psychotropic medications pursuant to this part 3.
(9) Professional psychological training program means a doctoral training program that:
(a) Is a planned program of study that reflects an integration of the science and practice of psychology; and
(b) For applicants receiving their terminal degrees after 1990, is designated as a doctoral program in psychology by the Association of State and Provincial Psychology Boards or the National Register of Health Service Psychologists or is accredited by the American Psychological Association or Canadian Psychological Association.
(10) (a) Psychotropic medication means a controlled substance or dangerous drug:
(I) That may not be dispensed or administered without a prescription;
(II) For which the primary indication for use is approved by the federal food and drug administration for the treatment of mental health disorders; and
(III) That is listed as a psychotherapeutic agent in the most recent edition of Drug Facts and Comparisons or in the American hospital formulary service drug information compendium.
(b) Psychotropic medication does not include a narcotic drug.
(11) Telepsychology means the provision of psychological services using telecommunications technologies.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1257, � 1, effective October 1. L. 2023: (4) to (6) amended and (7) to (11) added, (HB 23-1071), ch. 6, p. 17, � 3, effective August 7.
Editor's note: This section is similar to former � 12-43-301 as it existed prior to 2019.
12-245-302. State board of psychologist examiners - created - members - terms. (1) There is created a state board of psychologist examiners under the supervision and control of the division. The state board of psychologist examiners is a type 1 entity, as defined in section 24-1-105.
(2) The board consists of seven members who are residents of the state of Colorado as follows:
(a) Four board members must be licensed psychologists, at least two of whom shall be engaged in the direct practice of psychology and one of whom is a prescribing psychologist; except that, if, after a good faith attempt, the governor determines that an applicant for membership on the board pursuant to this subsection (2)(a) who is engaged in the direct practice of psychology or who is a prescribing psychologist is not available to serve on the board for a particular term, the governor may appoint a licensed psychologist who is not engaged in the direct practice of psychology or who is not a prescribing psychologist.
(b) Three board members must be representatives of the general public, one of whom may be a mental health consumer or family member of a mental health consumer. These individuals must have never been psychologists, applicants or former applicants for licensure as psychologists, members of another mental health profession, or members of households that include psychologists or members of another mental health profession or otherwise have conflicts of interest or the appearance of conflicts with their duties as board members.
(3) Each board member shall hold office until the expiration of the member's appointed term or until a successor is duly appointed. The term of each member shall be four years, and no board member shall serve more than two full consecutive terms. Any vacancy occurring in board membership other than by expiration of a term shall be filled by the governor by appointment for the unexpired term of the member.
(4) 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 total meetings in any calendar year.
(5) Repealed.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1258, � 1, effective October L. 2020: IP(2) and (3) amended, (HB 20-1206), ch. 304, p. 1533, � 22, effective July 14. L. 2022: (4) amended and (5) repealed, (SB 22-013), ch. 2, p. 16, � 16, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3395, � 125, effective August 10. L. 2023: (2)(a) amended, (HB 23-1071), ch. 6, p. 18, � 4, effective August 7.
Editor's note: This section is similar to former � 12-43-302 as it existed prior to 2019.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.