(1) (a) In accordance with section 12-245-604, the board issues a license to practice professional counseling based on whether the applicant satisfies minimum educational and experience requirements that demonstrate professional competency to practice professional counseling. After a license is issued to an applicant, the licensed professional counselor shall maintain continuing professional competency to practice professional counseling.
(b) The board shall adopt rules establishing a continuing professional competency program that includes, at a minimum, the following elements:
(I) A self-assessment of the knowledge and skills of a licensed professional counselor seeking to renew or reinstate a license;
(II) Development, execution, and documentation of a learning plan based on the assessment; and
(III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession. Nothing in this subsection (1)(b)(III) shall require a licensed professional counselor to retake any examination required pursuant to section 12-245-604 in connection with initial licensure.
(c) The board shall establish that a licensed professional counselor is deemed to satisfy the continuing competency requirements of this section if the licensed professional counselor meets the continued professional competence requirements of one of the following entities:
(I) A state department, including continued professional competence requirements imposed through a contractual arrangement with a provider;
(II) An accrediting body recognized by the board; or
(III) An entity approved by the board.
(d) (I) After the program is established, a licensed professional counselor shall satisfy the requirements of the program in order to renew or reinstate a license to practice professional counseling in Colorado.
(II) The requirements of this section apply to individual professional counselors who are licensed pursuant to this part 6, and nothing in this section shall be construed to require a person who employs or contracts with a licensed professional counselor to comply with the requirements of this section.
(2) (a) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a licensed professional counselor. The records or documents shall be used only by the board for purposes of determining whether a licensed professional counselor is maintaining continuing professional competency to engage in the profession.
(b) Subject to the requirements of subsection (2)(a) of this section, nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed professional counselor.
(3) As used in this section, continuing professional competency means the ongoing ability of a licensee to learn, integrate, and apply the knowledge, skill, and judgment to practice as a professional counselor according to generally accepted industry standards and professional ethical standards in a designated role and setting.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1286, � 1, effective October 1.
Editor's note: This section is similar to former � 12-43-605 as it existed prior to 2019.
12-245-607. Interstate compact - powers and duties of the board - rules - definitions. (1) As used in this section:
(a) Adverse action has the meaning established in section 24-60-4302.
(b) Commission means the counseling compact commission established in section 24-60-4302.
(c) Compact means the interstate licensed professional counselors compact authorized in part 43 of article 60 of title 24.
(d) Data system has the meaning established in section 24-60-4302.
(e) Investigative information has the meaning established in section 24-60-4302.
(f) Member state means a state that has enacted the compact.
(g) Privilege to practice has the meaning established in section 24-60-4302.
(h) Telehealth has the meaning established in section 24-60-4302 with regard to delivering professional counseling services.
(2) In addition to any powers and duties specified in the compact for member states, the board has the following powers and duties with regard to the compact:
(a) To facilitate Colorado's participation in the compact;
(b) To comply with the rules of the commission;
(c) To promulgate rules in accordance with article 4 of title 24 as necessary for the implementation, administration, and enforcement of the compact;
(d) To appoint a person to serve as a delegate on and attend meetings of the commission in accordance with the terms of the compact;
(e) To regulate telehealth in accordance with the compact;
(f) To notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of investigative information regarding a licensed professional counselor;
(g) To require an applicant for a privilege to practice under the compact to have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant is required to submit payment for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of the fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the record check to the board. The board shall use the information resulting from the record check to investigate and determine whether an applicant is qualified to hold a privilege to practice pursuant to the compact. The board may verify the information an applicant is required to submit. The results of the record check are confidential. The board shall not release the results of the record check to the public, the commission, a member state, or other state licensing boards.
(h) To grant the privilege to practice to a licensee of a member state of the compact in accordance with the terms of the compact and to charge a fee to individuals applying for the privilege to practice;
(i) To participate fully in the data system consistent with the compact requirements and the rules of the commission; and
(j) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.
Source: L. 2022: Entire section added, (SB 22-077), ch. 468, p. 3346 � 2, effective August 10.