As used in this part 7, unless the context otherwise requires:
(1) Board means the state board of unlicensed psychotherapists created by section 12-245-702.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1288, � 1, effective October 1. L. 2020: (1) amended, (HB 20-1206), ch. 304, p. 1537, � 32, effective July 14.
Editor's note: This section is similar to former � 12-43-701 as it existed prior to 2019.
12-245-702. State board of unlicensed psychotherapists - creation - membership. (1) There is created the state board of unlicensed psychotherapists, which is under the supervision and control of the division as provided in section 12-20-103 (2). The board is a type 1 entity, as defined in section 24-1-105, and consists of seven members who are residents of the state of Colorado.
(2) Two members of the board shall be appointed by the governor from the general public who are not regulated by this article 245 with a good faith effort to achieve broad-based geographical representation. The members are eligible to serve terms of four years. A member must not have any direct involvement or interest in the provision of psychotherapy; except that a member may be or may have been a consumer of psychotherapy services.
(2.5) The governor shall appoint one member who is a regulated psychotherapist to the board. The member is eligible to serve terms as described in subsections (3) and (4) of this section.
(3) Four members of the board must be unlicensed psychotherapists. The governor shall appoint members to the board to serve terms of four years.
(4) Members of the state board of unlicensed psychotherapists appointed under subsection (2) or (3) of this section may serve two full consecutive terms.
(5) (a) Each member is eligible to hold office until the expiration of his or her appointed term or until a successor is duly appointed. When the term of each board member expires, the governor shall appoint his or her successor for a term of four years. 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 unexpired term of the member.
(b) Repealed.
(c) 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.
(6) A majority of the board shall constitute a quorum for the transaction of all business.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1288, � 1, effective October 1. L. 2020: (1), (3), and (4) amended, (HB 20-1206), ch. 304, p. 1537, � 33, effective July 14. L. 2022: (2) amended, (2.5) added, and (5)(b) repealed, (SB 22-013), ch. 2, p. 20, � 20, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3396, � 129, effective August 10.
Editor's note: This section is similar to former � 12-43-702 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.
12-245-703. Database of unlicensed psychotherapists - unauthorized practice - penalties - data collection - rules. (1) The board shall maintain a database of all unlicensed psychotherapists. The board shall charge a fee in the same manner as authorized in section 12-20-105 for recording information in the database as required by this section. Information in the database maintained pursuant to this section is open to public inspection at all times.
(2) Repealed.
(3) (a) Before July 14, 2020, a person not otherwise licensed, registered, or certified pursuant to this article 245 who is practicing psychotherapy in this state shall register with the board by submitting the person's name, current address, educational qualifications, disclosure statements, therapeutic orientation or methodology, or both, and years of experience in each specialty area. Upon receipt and review of the required information, the board may approve the psychotherapist for registration in the database required by subsection (1) of this section. An unlicensed psychotherapist shall update this information upon renewal of the practitioner's registration and at other times and under conditions specified by the board by rule. At the time of recording the information required by this section, the unlicensed psychotherapist shall indicate whether the unlicensed psychotherapist has been convicted of, or entered a plea of guilty or nolo contendere to, any felony or misdemeanor.
(b) A person registered as an unlicensed psychotherapist pursuant to this part 7 before July 14, 2020, and who meets the requirements of this section may renew his or her registration and continue to practice as an unlicensed psychotherapist.
(4) An unlicensed person whose primary practice is psychotherapy or who holds himself or herself out to the public as able to practice psychotherapy for compensation shall not practice psychotherapy unless the person is registered with the board and included in the database required by this section. Notwithstanding the requirements of this section, an unlicensed psychotherapist shall not use the term licensed, certified, clinical, state-approved, or any other term or abbreviation that would falsely give the impression that the psychotherapist or the service that is being provided is recommended by the state, based solely on inclusion in the database.
(5) The board shall not register a person pursuant to this section unless the person has successfully completed a jurisprudence examination developed and approved by the division.
(6) Any unlicensed person who practices psychotherapy without first complying with the registration requirements of this section is subject to penalties pursuant to section 12-20-407 (1)(a).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1289, � 1, effective October 1. L. 2020: (1), (3), and (4) amended and (2) repealed, (HB 20-1206), ch. 304, p. 1537, � 34, effective July 14.
Editor's note: This section is similar to former � 12-43-702.5 as it existed prior to 2019.