First Regular Session

Sixty-first General Assembly

LLS NO. 97­0429.01 PLC HOUSE BILL 97­1283

STATE OF COLORADO

BY REPRESENTATIVE K. Alexander;

also SENATOR Wham.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING THE REGULATION OF THE PRACTICE OF SOCIAL WORK.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Creates the state board of social work practice examiners (board) under the executive director of the department of regulatory agencies. Authorizes the board to:

• Adopt examinations for licensure and registration of certain qualified social workers;
• Conduct disciplinary hearings;
• License and register certain qualified social workers;
• Investigate grievances;
• Collect fees;
• Revoke or suspend the license or registration of certain qualified social workers.

Establishes qualifications for licensure as a licensed social worker I or II, licensed clinical social worker, and for registration as a registered social worker.

Repeals current state board of social work examiners and transfers authority to the state board of social work practice examiners.

Makes conforming amendments.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Title 12, Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 43.3

Social Work

12­43.3­101.  Short title.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "SOCIAL WORK PRACTICE ACT".

12­43.3­102.  Legislative declaration.  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT SOCIAL WORK IS A PROFESSIONAL DISCIPLINE REQUIRING EXTENSIVE EDUCATION AND PROFESSIONALLY SUPERVISED EXPERIENCE. THEREFORE, THE GENERAL ASSEMBLY HEREBY DECLARES THAT, IN ORDER TO SAFEGUARD THE HEALTH, SAFETY, AND WELFARE OF THE PEOPLE OF THIS STATE AGAINST THE UNAUTHORIZED, UNQUALIFIED, AND IMPROPER PRACTICE OF SOCIAL WORK, IT IS NECESSARY THAT A PROPER REGULATORY AUTHORITY BE ESTABLISHED.

12­43.3­103.  Definitions.  AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "APPROVED SCHOOL" MEANS ANY UNIVERSITY OR OTHER INSTITUTION OF HIGHER EDUCATION OFFERING A FULL­TIME UNDERGRADUATE COURSE OF STUDY IN SOCIAL WORK APPROVED BY THE COUNCIL ON SOCIAL WORK EDUCATION OR ITS PREDECESSOR ORGANIZATION.

(2)  "BOARD" MEANS THE STATE BOARD OF SOCIAL WORK PRACTICE EXAMINERS.

(3)  "CERTIFICATE" MEANS A CERTIFICATE OF LICENSURE AS A LICENSED SOCIAL WORKER I, A LICENSED SOCIAL WORKER II, OR A LICENSED CLINICAL SOCIAL WORKER AND A CERTIFICATE OF REGISTRATION AS A REGISTERED SOCIAL WORKER.

(4)  "CLINICAL SOCIAL WORK PRACTICE" MEANS THE PRACTICE OF SOCIAL WORK IN ADDITION TO THE EXPLICIT PRACTICE OF PSYCHOTHERAPY AS DEFINED IN SECTION 12­43­201.

(5)  "GRADUATE SCHOOL OF SOCIAL WORK" MEANS ANY UNIVERSITY OR OTHER INSTITUTION OF HIGHER EDUCATION OFFERING A FULL­TIME GRADUATE COURSE OF STUDY IN SOCIAL WORK APPROVED BY THE COUNCIL ON SOCIAL WORK EDUCATION OR ITS PREDECESSOR ORGANIZATION.

(6)  "INDEPENDENT PRIVATE PRACTICE" MEANS A PRACTICE CHARGING A FEE IN A SETTING OTHER THAN UNDER THE AUSPICES OF A PUBLIC OR PRIVATE NONPROFIT AGENCY EXEMPT FROM FEDERAL INCOME TAX UNDER SECTION 501 (c) (3) OF THE "INTERNAL REVENUE CODE OF 1954", AS AMENDED.

(7)  "LICENSED SOCIAL WORKER I" OR "LICENSED SOCIAL WORKER II" MEANS A PERSON LICENSED UNDER THE PROVISIONS OF THIS ARTICLE.

(8)  "LICENSED CLINICAL SOCIAL WORKER" MEANS ANY PERSON LICENSED UNDER THE PROVISIONS OF THIS ARTICLE.

(9)  "LICENSEE" MEANS A LICENSED SOCIAL WORKER I, LICENSED SOCIAL WORKER II, LICENSED CLINICAL SOCIAL WORKER, AND REGISTERED SOCIAL WORKER.

(10)  "REGISTERED SOCIAL WORKER" MEANS A PERSON REGISTERED UNDER THE PROVISIONS OF THIS ARTICLE HOLDING AT LEAST A BACHELOR OF SOCIAL WORK DEGREE FROM A SCHOOL OF SOCIAL WORK ACCREDITED BY THE COUNCIL ON SOCIAL WORK EDUCATION AND WORKING UNDER THE SUPERVISION OF A LICENSED SOCIAL WORKER II.

12­43.3­104.  State board of social work examiners.  (1)  THERE IS HEREBY CREATED UNDER THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REGULATORY AGENCIES, THE STATE BOARD OF SOCIAL WORK PRACTICE EXAMINERS WHICH SHALL CONSIST OF NINE MEMBERS WHO ARE CITIZENS OF THE UNITED STATES AND RESIDENTS OF THE STATE OF COLORADO. MEMBERS SHALL BE APPOINTED BY THE GOVERNOR WITHIN THIRTY DAYS AFTER JULY 1, 1997. THREE MEMBERS SHALL BE APPOINTED FOR TERMS OF ONE YEAR, THREE MEMBERS SHALL BE APPOINTED FOR TERMS OF TWO YEARS, AND THREE MEMBERS SHALL BE APPOINTED FOR TERMS OF THREE YEARS.

(2) (a)  THREE BOARD MEMBERS SHALL BE LICENSED CLINICAL SOCIAL WORKERS ENGAGED PRIMARILY IN DIRECT PRACTICE.

(b)  THREE BOARD MEMBERS SHALL EACH BE LICENSED SOCIAL WORKERS II ENGAGED PRIMARILY IN RENDERING DIRECT SERVICE IN SOCIAL WORK.

(c)  THREE BOARD MEMBERS SHALL BE REPRESENTATIVES OF THE GENERAL PUBLIC.

(3)  EACH BOARD MEMBER SHALL HOLD OFFICE UNTIL THE EXPIRATION OF HIS OR HER APPOINTED TERM OR UNTIL A SUCCESSOR IS DULY APPOINTED. WHEN THE TERM OF EACH MEMBER EXPIRES, THE GOVERNOR SHALL APPOINT A SUCCESSOR FOR A TERM OF THREE YEARS. ANY VACANCY OCCURRING IN BOARD MEMBERSHIP OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED BY THE GOVERNOR BY APPOINTMENT FOR THE REMAINDER OF THE UNEXPIRED TERM. THE GOVERNOR MAY REMOVE ANY BOARD MEMBER FOR MISCONDUCT, INCOMPETENCE, OR NEGLECT OF DUTY AFTER GIVING THE BOARD MEMBER A WRITTEN STATEMENT OF THE CHARGES AND AN OPPORTUNITY TO BE HEARD THEREON.

(4)  EACH BOARD MEMBER SHALL RECEIVE A CERTIFICATE OF APPOINTMENT FROM THE GOVERNOR, AND, BEFORE ENTERING ON THE DISCHARGE OF HIS OR HER DUTIES AND WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF APPOINTMENT, THE BOARD MEMBER SHALL SUBSCRIBE TO AN OATH FOR THE FAITHFUL PERFORMANCE OF HIS OR HER OFFICIAL DUTIES BEFORE ANY OFFICER AUTHORIZED TO ADMINISTER OATHS IN THIS STATE AND SHALL FILE THE SAME WITH THE SECRETARY OF STATE.

(5)  THE BOARD MAY APPOINT ADVISORY COMMITTEES TO ASSIST IT IN THE PERFORMANCE OF ITS DUTIES. EACH ADVISORY COMMITTEE SHALL CONSIST OF AT LEAST FIVE MEMBERS WITH EXPERTISE IN THE FIELD OF SOCIAL WORK. MEMBERS OF ADVISORY COMMITTEES SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR ORDINARY AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.

12­43.3­105.  Board ­ duties ­ powers ­ removal of members. (1)  IN ADDITION TO ALL OTHER POWERS AND DUTIES CONFERRED OR IMPOSED UPON THE BOARD BY THIS ARTICLE OR BY ANY OTHER LAW, THE BOARD SHALL HAVE THE POWERS SPECIFIED IN THIS SECTION.

(2)  THE PROCEEDINGS OF THE BOARD SHALL BE CONDUCTED PURSUANT TO ARTICLE 4 OF TITLE 24, C.R.S.

(3)  THE BOARD IS AUTHORIZED TO:

(a)  ADOPT, AND FROM TIME TO TIME REVISE, SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO CARRY OUT ITS POWERS AND DUTIES;

(b)  ADOPT AN EXAMINATION FOR LICENSURE AND REGISTRATION OF CERTAIN QUALIFIED SOCIAL WORKERS;

(c)  CONDUCT THE EXAMINATION FOR, DENY, WITHHOLD, OR APPROVE THE CERTIFICATE OF AN APPLICANT AND RENEW CERTIFICATES PURSUANT TO THIS ARTICLE; AND

(d)  CONDUCT HEARINGS AS NECESSARY TO CARRY OUT ITS POWERS AND DUTIES.

(4)  THE BOARD SHALL DELEGATE THE FUNCTION OF PRELIMINARY REVIEW AND APPROVAL OF APPLICATIONS TO THE STAFF. FINAL APPROVAL OF SUCH APPLICATIONS SHALL BE RATIFIED BY ACTION OF THE BOARD. THE BOARD, IN ITS SOLE DISCRETION, MAY INDIVIDUALLY REVIEW ANY APPLICATION REQUIRING BOARD CONSIDERATION PRIOR TO THE APPROVAL THEREOF PURSUANT TO SECTION 12­43.3­107.

(5)  THE BOARD SHALL MAINTAIN CURRENT LISTS OF THE NAMES OF ALL LICENSEES AND RECORDS OF CASES AND DECISIONS RENDERED BY THE BOARD. IN ADDITION, THE BOARD SHALL KEEP AN ACCURATE RECORD OF THE RESULTS OF ALL EXAMINATIONS FOR AT LEAST FIVE YEARS SUBSEQUENT TO THE DATE OF THE EXAMINATION.

(6)  THE BOARD MAY PREPARE AND TRANSMIT ANNUALLY, IN THE FORM AND MANNER PRESCRIBED BY THE HEADS OF THE PRINCIPAL DEPARTMENTS PURSUANT TO THE PROVISIONS OF SECTION 24­1­136, C.R.S., A REPORT ACCOUNTING TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EFFICIENT DISCHARGE OF ALL RESPONSIBILITIES ASSIGNED BY LAW OR DIRECTIVE OF THE BOARD.

(7)  PUBLICATIONS FOR CIRCULATION IN QUANTITY OUTSIDE THE BOARD SHALL BE ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 24­1­136, C.R.S.

(8)  MEMBERS OF THE BOARD AND CONSULTANTS TO THE BOARD, INCLUDING MEMBERS OF ANY ADVISORY COMMITTEE, SHALL BE IMMUNE FROM SUIT IN ANY ACTION, CIVIL OR CRIMINAL, FOR OFFICIAL ACTS PERFORMED IN GOOD FAITH AS MEMBERS OF SUCH COMMITTEE OR BOARD OR AS CONSULTANTS TO SUCH BOARD.

(9)  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 SUCH MATTER.

(10)  THE BOARD SHALL, WITHIN SIXTY DAYS AFTER JULY 1, 1997, AND AT LEAST SEMIANNUALLY THEREAFTER, HOLD A MEETING. THE BOARD SHALL ELECT ANNUALLY FROM ITS MEMBERSHIP A CHAIRMAN, A VICE­CHAIRMAN, AND A SECRETARY. MEETINGS MAY BE CALLED BY THE CHAIRMAN, UPON THE WRITTEN REQUEST OF FOUR MEMBERS OF THE BOARD, OR BY THE GOVERNOR. THE BOARD SHALL MEET AS OFTEN AS NECESSARY AND FIVE MEMBERS SHALL CONSTITUTE A QUORUM.

(11)  A CLERICAL SECRETARY TO THE BOARD, WHO SHALL NOT BE A MEMBER OF THE BOARD, SHALL BE EMPLOYED BY THE BOARD.

(12)  THE BOARD SHALL REVIEW APPLICATIONS AT LEAST TWICE A YEAR. THE BOARD HAS THE POWER TO CONDUCT HEARINGS ON CHARGES CALLING FOR REVOCATION OR SUSPENSION OF LICENSURE OR REGISTRATION. THE BOARD SHALL CAUSE THE PROSECUTION AND ENJOINDER OF ALL PERSONS VIOLATING THIS ARTICLE AND SHALL KEEP A RECORD OF ALL THESE PROCEEDINGS. THE BOARD MAY EMPLOY SUCH OTHER PERSONS AS MAY BE NECESSARY TO CARRY OUT ITS DUTIES UNDER THIS ARTICLE.

(13)  THE BOARD MAY MAKE INVESTIGATIONS, HOLD HEARINGS, AND TAKE EVIDENCE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 4 OF TITLE 24, C.R.S., AND THIS ARTICLE IN ALL MATTERS RELATING TO THE EXERCISE AND PERFORMANCE OF THE POWERS AND DUTIES VESTED IN THE BOARD AND, IN CONNECTION WITH ANY INVESTIGATION OR HEARING AND THROUGH ANY MEMBER OR AN ADMINISTRATIVE LAW JUDGE, MAY SUBPOENA WITNESSES, ADMINISTER OATHS, AND COMPEL THE TESTIMONY OF WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS, AND RECORDS RELEVANT TO ANY INQUIRY OR HEARING. ANY SUBPOENA ISSUED PURSUANT TO THIS ARTICLE SHALL BE ENFORCEABLE BY ANY DISTRICT COURT OF COMPETENT JURISDICTION. SUBPOENAS ISSUED ON BEHALF OF THE BOARD MAY BE SIGNED BY THE SECRETARY.

(14)  THE BOARD, WHEN CALLED UPON TO DO SO, SHALL AID THE SEVERAL DISTRICT ATTORNEYS OF THIS STATE IN THE ENFORCEMENT OF THIS ARTICLE AND IN THE PROSECUTION OF ALL PERSONS, FIRMS, ASSOCIATIONS, OR CORPORATIONS CHARGED WITH THE VIOLATION OF ANY OF ITS PROVISIONS AND REPORT TO THE APPROPRIATE DISTRICT ATTORNEY ANY VIOLATION OF THIS ARTICLE WHICH IT REASONABLY BELIEVES INVOLVES A CRIMINAL VIOLATION.

(15)  THE BOARD SHALL TAKE DISCIPLINARY ACTIONS IN CONFORMITY WITH THIS ARTICLE.

(16)  THROUGH THE DEPARTMENT OF REGULATORY AGENCIES AND SUBJECT TO APPROPRIATIONS MADE TO THE DEPARTMENT OF REGULATORY AGENCIES, THE BOARD MAY EMPLOY ADMINISTRATIVE LAW JUDGES ON A FULL­TIME OR PART­TIME BASIS TO CONDUCT ANY HEARINGS REQUIRED BY THIS ARTICLE. ADMINISTRATIVE LAW JUDGES SHALL BE APPOINTED PURSUANT TO PART 10 OF ARTICLE 30 OF TITLE 24, C.R.S.

(17)  THE BOARD HAS THE AUTHORITY TO NOTIFY THE PUBLIC OF ALL DISCIPLINARY ACTIONS TAKEN AGAINST LICENSEES PURSUANT TO THIS ARTICLE.

(18)  THE BOARD MAY REQUEST THAT ANY OTHER REGULATORY BOARD OR INDIVIDUAL BOARD MEMBER ADVISE IT OR AN ADMINISTRATIVE LAW JUDGE IT EMPLOYS IN ANY DISCIPLINARY MATTER. IN ADDITION, THE BOARD MAY REQUEST THE ASSISTANCE OF A LICENSED SOCIAL WORKER WHEN A DISCIPLINARY MATTER RELATES TO A PRACTITIONER WITHIN THE SAME AREA OF PRACTICE.

(19)  PURSUANT TO THIS ARTICLE AND ARTICLE 4 OF TITLE 24, C.R.S., THE BOARD IS AUTHORIZED TO ADOPT AND REVISE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO ENABLE IT TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.

12­43.3­106.  Social work practice defined. (1)  FOR THE PURPOSES OF THIS ARTICLE, "SOCIAL WORK PRACTICE" MEANS THE PROFESSIONAL APPLICATION OF SOCIAL WORK THEORY AND METHODS BY A GRADUATE WITH A MASTER'S DEGREE IN SOCIAL WORK, A DOCTORAL DEGREE IN SOCIAL WORK, OR A BACHELOR'S DEGREE IN SOCIAL WORK FROM AN ACCREDITED SOCIAL WORK PROGRAM, FOR THE PURPOSE OF PREVENTION, ASSESSMENT, DIAGNOSIS, AND INTERVENTION WITH INDIVIDUAL, FAMILY, GROUP, ORGANIZATIONAL, AND SOCIETAL PROBLEMS BASED ON THE PROMOTION OF BIOPSYCHOSOCIAL DEVELOPMENTAL PROCESSES, PERSON­IN ENVIRONMENT TRANSACTIONS, AND EMPOWERMENT OF THE CLIENT SYSTEM.

(2)  PROFESSIONAL SOCIAL WORK PRACTICE MAY INCLUDE, BUT IS NOT LIMITED TO:

(a)  ASSESSMENT;

(b)  DIFFERENTIAL DIAGNOSIS;

(c)  TREATMENT PLANNING AND EVALUATION;

(d)  MEASUREMENT OF PSYCHOSOCIAL FUNCTIONING;

(e)  CRISIS INTERVENTION, OUT­REACH, SHORT­ AND LONG­TERM TREATMENT;

(f)  THERAPEUTIC, INDIVIDUAL, MARITAL, AND FAMILY INTERVENTIONS;

(g)  CLIENT EDUCATION;

(h)  CASE MANAGEMENT;

(i)  MEDIATION;

(j)  ADVOCACY;

(k)  DISCHARGE, REFERRAL, AND CONTINUITY OF CARE PLANNING AND IMPLEMENTATION;

(l)  CONSULTATION;

(m)  SUPERVISION;

(n)  RESEARCH;

(o)  MANAGEMENT AND ADMINISTRATION;

(p)  PROGRAM EVALUATION AND EDUCATION;

(q)  SOCIAL GROUP WORK;

(r)  COMMUNITY ORGANIZATION AND DEVELOPMENT;

(s)  SOCIAL POLICY ANALYSIS AND DEVELOPMENT; AND

(t)  PSYCHOTHERAPY.

(3)  SOCIAL WORK PRACTICE MAY TAKE PLACE IN A PUBLIC OR PRIVATE AGENCY OR INSTITUTIONAL, EDUCATIONAL, OR INDEPENDENT SETTING.

(4)  SOCIAL WORK PRACTICE IS DIRECTLY BASED UPON AN ADVANCED EDUCATIONAL PROGRAM WHICH TEACHES THE PRACTITIONER TO ANALYZE, INTERVENE, AND EVALUATE IN WAYS THAT ARE HIGHLY DIFFERENTIATED, DISCRIMINATING, AND SELF­CRITICAL. A PRACTITIONER MUST BE ABLE TO SYNTHESIZE AND APPLY A BROAD RANGE OF KNOWLEDGE AS WELL AS PRACTICE WITH A HIGH DEGREE OF AUTONOMY AND SKILL. A PRACTITIONER MUST BE ABLE TO REFINE AND ADVANCE THE QUALITY OF HIS OR HER PRACTICE AS WELL AS THAT OF THE LARGER SOCIAL WORK PROFESSION. THESE ADVANCED COMPETENCIES MUST BE APPROPRIATELY INTEGRATED AND REFLECTED IN ALL ASPECTS OF A SOCIAL WORK PRACTICE, INCLUDING THE ABILITY TO:

(a)  APPLY CRITICAL THINKING SKILLS WITHIN PROFESSIONAL CONTEXTS, INCLUDING SYNTHESIZING AND APPLYING APPROPRIATE THEORIES AND KNOWLEDGE TO PRACTICE INTERVENTIONS;

(b)  PRACTICE WITHIN THE VALUES AND ETHICS OF THE SOCIAL WORK PROFESSION AND WITH AN UNDERSTANDING OF, AND RESPECT FOR, THE POSITIVE VALUE OF DIVERSITY;

(c)  DEMONSTRATE THE PROFESSIONAL USE OF SELF;

(d)  UNDERSTAND THE FORMS AND MECHANISMS OF OPPRESSION AND DISCRIMINATION AND THE STRATEGIES AND SKILLS OF CHANGE THAT ADVANCE SOCIAL AND ECONOMIC JUSTICE;

(e)  UNDERSTAND AND INTERPRET THE HISTORY OF THE SOCIAL WORK PROFESSION AND ITS CURRENT STRUCTURE AND ISSUES;

(f)  APPLY THE KNOWLEDGE AND SKILLS OF A GENERALIST SOCIAL WORK PERSPECTIVE TO PRACTICE WITH SYSTEMS OF ALL SIZES;

(g)  APPLY THE KNOWLEDGE AND SKILLS OF ADVANCED SOCIAL WORK PRACTICE IN AN AREA OF CONCENTRATION;

(h)  CRITICALLY ANALYZE AND APPLY KNOWLEDGE OF BIOPSYCHOSOCIAL VARIABLES THAT AFFECT INDIVIDUAL'S DEVELOPMENT AND BEHAVIOR, AND USE THEORETICAL FRAMEWORKS TO UNDERSTAND THE INTERACTIONS AMONG AND BETWEEN INDIVIDUALS AND SOCIAL SYSTEMS;

(i)  ANALYZE THE IMPACT OF SOCIAL POLICIES ON CLIENT SYSTEMS, WORKERS, AND AGENCIES AND DEMONSTRATE SKILLS FOR INFLUENCING POLICY FORMULATION AND CHANGE;

(j)  EVALUATE RELEVANT RESEARCH STUDIES AND APPLY FINDINGS TO PRACTICE, AND DEMONSTRATE SKILLS IN QUANTITATIVE RESEARCH DESIGN, DATA ANALYSIS, AND KNOWLEDGE DISSEMINATION;

(k)  CONDUCT EMPIRICAL EVALUATIONS OF THEIR OWN PRACTICE INTERVENTIONS AND THOSE OF OTHER RELEVANT SYSTEMS; AND

(l)  USE COMMUNICATION SKILLS DIFFERENTIALLY WITH A VARIETY OF CLIENT POPULATIONS, COLLEAGUES, AND MEMBERS OF THE COMMUNITY.

12­43.3­107.  Qualifications ­ examination ­ licensure and registration. (1)  THE BOARD SHALL LICENSE AS A LICENSED SOCIAL WORKER I, AND ISSUE AN APPROPRIATE CERTIFICATE TO, ANY PERSON WHO FILES AN APPLICATION THEREFOR, ACCOMPANIED BY SUCH FEE AS IS REQUIRED BY SECTION 12­43.3­121, AND WHO SUBMITS EVIDENCE SATISFACTORY TO THE BOARD THAT HE OR SHE:

(a)  IS AT LEAST EIGHTEEN YEARS OF AGE;

(b)  IS A RESIDENT OF OR IS EMPLOYED IN THE STATE OF COLORADO;

(c)  HAS OBTAINED A MASTER'S DEGREE FROM A GRADUATE SCHOOL OF SOCIAL WORK; AND

(d)  DEMONSTRATES PROFESSIONAL COMPETENCE BY SATISFACTORILY PASSING AN EXAMINATION.

(2)  THE BOARD SHALL LICENSE AS A LICENSED SOCIAL WORKER II OR LICENSED CLINICAL SOCIAL WORKER, AND ISSUE AN APPROPRIATE CERTIFICATE TO, ANY PERSON WHO FILES AN APPLICATION THEREFOR, ACCOMPANIED BY SUCH FEE AS IS REQUIRED BY SECTION 12­43.3­121, AND WHO SUBMITS EVIDENCE SATISFACTORY TO THE BOARD THAT HE OR SHE:

(a)  IS AT LEAST EIGHTEEN YEARS OF AGE;

(b)  IS A RESIDENT OF OR IS EMPLOYED IN THE STATE OF COLORADO;

(c)  HAS OBTAINED A MASTER'S DEGREE FROM A GRADUATE SCHOOL OF SOCIAL WORK;

(d)  HAS PRACTICED SOCIAL WORK FOR AT LEAST TWO YEARS UNDER THE SUPERVISION OF A LICENSED SOCIAL WORKER II OR LICENSED CLINICAL SOCIAL WORKER; AND

(e)  DEMONSTRATES PROFESSIONAL COMPETENCE BY SATISFACTORILY PASSING AN EXAMINATION THAT MAY BE WRITTEN, ORAL, OR BOTH, AS PRESCRIBED BY THE BOARD. THIS EXAMINATION SHALL REQUIRE DEMONSTRATION OF SPECIAL KNOWLEDGE AND SKILL IN ONE OF THE FOLLOWING AREAS OF PRACTICE: GENERAL SOCIAL WORK PRACTICE, MEDICAL HEALTH CARE SOCIAL WORK PRACTICE, COMMUNITY SERVICES AND SOCIAL PLANNING, SCHOOL SOCIAL WORK PRACTICE, RESEARCH AND ADMINISTRATION, OR APPLIED PSYCHOTHERAPY, INCLUDING DIAGNOSIS, EVALUATION, AND TREATMENT METHODS. APPLICANTS SHALL ALSO BE TESTED ON INTERVENTION METHODS AND TECHNIQUES AND THEIR UNDERLYING THEORIES, INCLUDING, BUT NOT LIMITED TO, PSYCHOPATHOLOGY, MINORITY CULTURES, GROUP DYNAMICS, HUMAN GROWTH AND BEHAVIOR, AND HEALTH AND WELFARE RESOURCE SYSTEMS.

(3)  THE BOARD SHALL REGISTER AS A REGISTERED SOCIAL WORKER, AND ISSUE AN APPROPRIATE CERTIFICATE TO, ANY PERSON WHO FILES AN APPLICATION THEREFOR, ACCOMPANIED BY SUCH FEE AS IS REQUIRED BY SECTION 12­43.3­121, AND WHO SUBMITS EVIDENCE SATISFACTORY TO THE BOARD THAT HE OR SHE:

(a)  IS AT LEAST EIGHTEEN YEARS OF AGE;

(b)  IS A RESIDENT OF OR IS EMPLOYED IN THE STATE OF COLORADO;

(c)  HAS OBTAINED A BACHELOR'S DEGREE IN SOCIAL WORK FROM AN APPROVED SCHOOL AND WORKS UNDER THE SUPERVISION OF A LICENSED SOCIAL WORKER II OR LICENSED CLINICAL SOCIAL WORKER; AND

(d) DEMONSTRATES PROFESSIONAL COMPETENCE BY SATISFACTORILY PASSING AN EXAMINATION.

(4)  UPON INVESTIGATION OF THE APPLICATION FOR A CERTIFICATE AND OTHER EVIDENCE SUBMITTED, THE BOARD SHALL, NOT LESS THAN THIRTY DAYS PRIOR TO THE EXAMINATION, NOTIFY EACH APPLICANT THAT THE APPLICATION AND EVIDENCE SUBMITTED FOR LICENSURE OR REGISTRATION ARE SATISFACTORY AND ACCEPTED OR UNSATISFACTORY AND REJECTED. IF THE APPLICATION IS REJECTED, SAID NOTICE SHALL STATE THE REASONS FOR SUCH REJECTION AND PROVIDE SUGGESTIONS FOR THE PREPARATION OF REAPPLYING.

(5)  THE PLACE OF EXAMINATION SHALL BE DESIGNATED IN ADVANCE BY THE BOARD AND SUCH EXAMINATION SHALL BE GIVEN AT LEAST SEMIANNUALLY AT SUCH TIME AND PLACE AND UNDER SUCH SUPERVISION AS THE BOARD MAY DETERMINE. THE BOARD SHALL GRADE THE EXAMINATION AND SHALL REPORT THE RESULTS TO THE APPLICANT NO LATER THAN THIRTY DAYS FOLLOWING THE EXAMINATION.

(6)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REGULATORY AGENCIES MAY REVIEW ANY EXAMINATION OR PROCEDURE FOR GRANTING A CERTIFICATE BY THE BOARD PRIOR TO THE EXECUTION OF SUCH EXAMINATION OR PROCEDURE. AFTER SUCH REVIEW, IF THE EXECUTIVE DIRECTOR HAS REASON TO BELIEVE SUCH EXAMINATION OR PROCEDURE TO BE UNFAIR TO THE APPLICANTS OR UNREASONABLE IN CONTENT, THE EXECUTIVE DIRECTOR SHALL CALL ON FIVE PEOPLE LICENSED IN THE OCCUPATION OF SOCIAL WORK UNDER THIS ARTICLE TO REVIEW THE EXAMINATION OR PROCEDURE JOINTLY WITH THE EXECUTIVE DIRECTOR. THE EXECUTIVE DIRECTOR AND SUCH LICENSED OR REGISTERED PERSONS, ACTING JOINTLY, MAY MAKE FINDINGS OF FACT AND RECOMMENDATIONS TO THE BOARD CONCERNING ANY EXAMINATION OR PROCEDURE. THE FINDINGS OF FACT AND RECOMMENDATIONS SHALL BE PUBLIC DOCUMENTS.

(7)  ANY APPLICANT FOR A LICENSE OR REGISTRATION MAY PETITION THE BOARD TO WAIVE AN EXAMINATION AND SUBSTITUTE IN LIEU THEREOF PROOF OF COMPETENCY BY PAYING THE APPLICABLE FEES AND DEMONSTRATING THROUGH DOCUMENTATION OF SUPERVISION AND REFERENCE THAT SUCH PERSON IS COMPETENT IN SOCIAL WORK PRACTICE.

(8)  NO PERSON MAY ENGAGE IN THE PRACTICE OF SOCIAL WORK UNLESS SUCH PERSON IS LICENSED OR REGISTERED PURSUANT TO THIS ARTICLE. NO PERSON MAY PRACTICE AS A CLINICAL SOCIAL WORKER UNLESS LICENSED PURSUANT TO SUBSECTION (3) OF THIS SECTION, OR LICENSED TO PRACTICE SOCIAL WORK AND SUPERVISED PURSUANT TO SUBSECTION (2) OF THIS SECTION.

12­43.3­108.  Authority of board ­ cease and desist orders.  (1)  IF A LICENSEE HAS VIOLATED ANY OF THE PROVISIONS OF SECTION 12­43.3­110, THE BOARD MAY DENY, REVOKE, OR SUSPEND ANY LICENSE, ISSUE A LETTER OF ADMONITION TO A LICENSEE, PLACE A LICENSEE ON PROBATION, OR ENJOIN A LICENSEE FROM PRACTICING SOCIAL WORK PURSUANT TO THIS SECTION.

(2) (a)  IF, AS A RESULT OF AN INVESTIGATION OF A COMPLAINT BY ANY PERSON OR OF AN INVESTIGATION ON ITS OWN MOTION, THE BOARD DETERMINES THAT ANY PERSON IS ACTING OR HAS ACTED IN VIOLATION OF SECTION 12­43.3­110, OR IF THE BOARD DETERMINES THAT ANY SUCH VIOLATION CREATES AN EMERGENCY CONDITION WHICH MAY HARM THE HEALTH, SAFETY, OR WELFARE OF ANY PERSON, THE BOARD MAY ISSUE AN ORDER TO CEASE AND DESIST SUCH ACTIVITY. THE ORDER SHALL SET FORTH THE STATUTES AND RULES ALLEGED TO HAVE BEEN VIOLATED, THE ACTS ALLEGED TO HAVE CONSTITUTED THE VIOLATION, AND THE REQUIREMENT THAT ALL UNLAWFUL ACTS CEASE FORTHWITH.

(b)  EVERY PERSON SO ORDERED MAY REQUEST A HEARING ON THE QUESTION OF WHETHER ANY VIOLATION OCCURRED BUT SUCH REQUEST MUST BE MADE WITHIN THIRTY DAYS AFTER THE DATE OF SERVICE OF THE ORDER TO CEASE AND DESIST. IF A REQUEST IS MADE, THE PERSON SHALL BE ENTITLED TO A HEARING AND AN ORAL OR WRITTEN DECISION FROM THE ADMINISTRATIVE LAW JUDGE ON ANY SUCH ORDER WITHIN SEVEN WORKING DAYS AFTER THE ISSUANCE THEREOF. THE HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 4 OF TITLE 24, C.R.S.

(c)  IN THE EVENT THAT ANY PERSON FAILS TO COMPLY WITH A CEASE AND DESIST ORDER, THE BOARD MAY REQUEST THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY FOR THE JUDICIAL DISTRICT IN WHICH THE ALLEGED VIOLATION EXISTS TO BRING, AND IF SO REQUESTED THE ATTORNEY GENERAL OR DISTRICT ATTORNEY SHALL BRING, A SUIT FOR A TEMPORARY RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT ANY FURTHER OR CONTINUED VIOLATION OF THE ORDER.

(d)  NO STAY OF A CEASE AND DESIST ORDER SHALL BE ISSUED BEFORE A HEARING THEREON HAS BEEN CONDUCTED INVOLVING BOTH PARTIES.

12­43.3­109.  Disciplinary proceedings ­ judicial review. (1)  A PROCEEDING FOR DISCIPLINE OF A LICENSEE MAY BE COMMENCED WHEN THE BOARD HAS REASONABLE GROUNDS TO BELIEVE THAT A LICENSEE UNDER THE BOARD'S JURISDICTION HAS COMMITTED ANY ACT OR FAILED TO ACT PURSUANT TO THE GROUNDS ESTABLISHED IN SECTION 12­43.3­110.

(2) (a)  DISCIPLINARY PROCEEDINGS SHALL BE CONDUCTED IN THE MANNER PRESCRIBED BY THE "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE 24, C.R.S.

(b)  THE BOARD, THROUGH THE DEPARTMENT OF REGULATORY AGENCIES, MAY EMPLOY ADMINISTRATIVE LAW JUDGES ON A FULL­TIME OR PART­TIME BASIS TO CONDUCT HEARINGS AS PROVIDED BY THIS ARTICLE OR ON ANY MATTER WITHIN THE BOARD'S JURISDICTION UPON SUCH CONDITIONS AND TERMS AS THE BOARD MAY DETERMINE. THE BOARD MAY ELECT TO REFER A CASE FOR FORMAL HEARING TO AN ADMINISTRATIVE LAW JUDGE WITH OR WITHOUT AN ASSIGNED ADVISOR FROM THE BOARD. IF THE BOARD SO ELECTS TO REFER A CASE WITH AN ASSIGNED ADVISOR AND SUCH ADVISOR IS A MEMBER OF THE BOARD, HE OR SHE SHALL BE EXCLUDED FROM THE BOARD REVIEW OF THE DECISION OF THE ADMINISTRATIVE LAW JUDGE. THE ADVISOR SHALL ASSIST THE ADMINISTRATIVE LAW JUDGE IN OBTAINING AND INTERPRETING DATA PERTINENT TO THE HEARING.

(c)  NO LICENSEE'S RIGHT TO USE HIS OR HER TITLE OR PRACTICE SOCIAL WORK AS PROVIDED IN SECTION 12­43.3­119, SHALL BE DENIED, REVOKED, OR SUSPENDED BY THE BOARD, NOR SHALL A LICENSEE BE PLACED ON PROBATION PURSUANT TO THE GROUNDS ESTABLISHED IN SECTION 12­43.3­110, UNTIL AFTER A HEARING HAS BEEN CONDUCTED IF SO REQUIRED PURSUANT TO SECTION 24­4­105, C.R.S., EXCEPT IN THE EVENT THAT A LICENSEE HAS BEEN ADJUDICATED AS MENTALLY OR GRAVELY DISABLED, MENTALLY RETARDED, MENTALLY INCOMPETENT, OR INSANE BY A COURT OF COMPETENT JURISDICTION.

(3) (a)  UPON REVOCATION OF A LICENSE OR REGISTRATION BY THE BOARD, THE LICENSEE SHALL SURRENDER HIS OR HER CERTIFICATE TO THE BOARD WITHIN A PERIOD OF THIRTY DAYS AFTER THE DATE OF SUCH REVOCATION. FAILURE TO DO SO WILL RENDER THE LICENSEE LIABLE TO PROSECUTION BY THE DISTRICT ATTORNEY.

(b)  ANY PERSON WHOSE LICENSE OR REGISTRATION TO PRACTICE IS REVOKED IS RENDERED INELIGIBLE TO APPLY FOR ANY LICENSE OR REGISTRATION ISSUED UNDER THIS ARTICLE UNTIL MORE THAN THREE YEARS HAVE ELAPSED FROM THE DATE OF SURRENDER OF THE LICENSE OR REGISTRATION. ANY REAPPLICATION AFTER SUCH THREE­YEAR PERIOD SHALL BE TREATED AS A NEW APPLICATION.

(4)  SUSPENSION OF A LICENSE OR REGISTRATION BY THE BOARD SHALL BE FOR A PERIOD TO BE DETERMINED BY THE BOARD.

(5)  PROBATIONARY STATUS MAY BE IMPOSED BY THE BOARD. IF THE BOARD PLACES A LICENSEE ON PROBATION, IT MAY INCLUDE SUCH CONDITIONS FOR CONTINUED PRACTICE AS THE BOARD DEEMS APPROPRIATE TO ASSURE THAT THE LICENSEE IS PHYSICALLY, MENTALLY, AND OTHERWISE QUALIFIED TO PRACTICE IN ACCORDANCE WITH GENERALLY ACCEPTED PROFESSIONAL STANDARDS OF PRACTICE, INCLUDING ANY OR ALL OF THE FOLLOWING:

(a)  THE TAKING OF SUCH COURSES OF TRAINING OR EDUCATION AS MAY BE NEEDED TO CORRECT DEFICIENCIES;

(b)  SUCH REVIEW OR SUPERVISION OF THE LICENSEE'S PRACTICE AS MAY BE NECESSARY TO DETERMINE ITS QUALITY AND TO CORRECT DEFICIENCIES THEREIN; AND

(c)  THE IMPOSITION OF RESTRICTIONS UPON THE NATURE OF THE LICENSEE'S PRACTICE TO ASSURE THAT HE OR SHE DOES NOT PRACTICE BEYOND THE LIMITS OF HIS OR HER CAPABILITIES.

(6) THE BOARD MAY ISSUE A LETTER OF ADMONITION TO A LICENSEE FOR VIOLATIONS OF THIS ARTICLE. SUCH LETTERS SHALL BE SENT BY CERTIFIED MAIL TO THE LICENSEE AGAINST WHOM A COMPLAINT WAS MADE. THE LETTER SHALL ADVISE THE LICENSEE THAT HE OR SHE MAY, WITHIN TWENTY DAYS AFTER RECEIPT OF THE LETTER, MAKE A WRITTEN REQUEST TO THE BOARD TO INSTITUTE FORMAL DISCIPLINARY PROCEEDINGS IN ORDER TO FORMALLY ADJUDICATE THE CONDUCT OR ACTS ON WHICH THE LETTER WAS BASED.

(7)  COMPLAINTS, INVESTIGATIONS, HEARINGS, MEETINGS, OR ANY OTHER PROCEEDINGS OF THE BOARD CONDUCTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE AND RELATING TO THE DISCIPLINARY PROCEEDINGS SHALL BE EXEMPT FROM THE PROVISIONS OF ANY LAW REQUIRING THAT PROCEEDINGS OF THE BOARD BE CONDUCTED PUBLICLY OR THAT THE MINUTES OR RECORDS OF THE BOARD WITH RESPECT TO ACTION OF THE BOARD TAKEN PURSUANT TO THE PROVISIONS OF THIS ARTICLE BE OPEN TO PUBLIC INSPECTION; EXCEPT THAT THIS EXEMPTION SHALL APPLY ONLY WHEN THE BOARD, OR AN ADMINISTRATIVE LAW JUDGE ACTING ON BEHALF OF THE BOARD, SPECIFICALLY DETERMINES THAT IT IS IN THE BEST INTERESTS OF A COMPLAINANT OR OTHER RECIPIENT OF SERVICES TO KEEP SUCH PROCEEDINGS OR DOCUMENTS RELATING THERETO CLOSED TO THE PUBLIC, OR IF THE LICENSEE IS PARTICIPATING IN GOOD FAITH IN A PROGRAM APPROVED BY THE BOARD DESIGNED TO END AN ADDICTION OR DEPENDENCY AND THE LICENSEE HAS NOT VIOLATED ANY PROVISIONS OF THE BOARD ORDER REGARDING PARTICIPATION IN SUCH A TREATMENT PROGRAM. IF THE BOARD DETERMINES THAT IT IS IN THE BEST INTERESTS OF A COMPLAINANT OR OTHER RECIPIENT OF SERVICES TO KEEP SUCH PROCEEDINGS OR DOCUMENTS RELATING THERETO CLOSED TO THE PUBLIC, THEN THE FINAL ACTION OF THE BOARD MUST BE OPEN TO THE PUBLIC WITHOUT DISCLOSING THE NAME OF THE CLIENT OR OTHER RECIPIENT.

(8)  FINAL BOARD ACTIONS AND ORDERS APPROPRIATE FOR JUDICIAL REVIEW MAY BE JUDICIALLY REVIEWED IN THE COURT OF APPEALS, AND JUDICIAL PROCEEDINGS FOR THE ENFORCEMENT OF A BOARD ORDER MAY BE INSTITUTED IN ACCORDANCE WITH SECTION 24­4­106 (11), C.R.S.

(9)  ANY PERSON PARTICIPATING IN GOOD FAITH IN THE MAKING OF A COMPLAINT OR REPORT OR PARTICIPATING IN ANY INVESTIGATIVE OR ADMINISTRATIVE PROCEEDING BEFORE THE BOARD PURSUANT TO THIS ARTICLE SHALL BE IMMUNE FROM ANY LIABILITY, CIVIL OR CRIMINAL, THAT OTHERWISE MIGHT RESULT BY REASON OF SUCH ACTION.

(10)  ANY LICENSEE HAVING DIRECT KNOWLEDGE THAT A LICENSED SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORKER, OR REGISTERED SOCIAL WORKER HAS VIOLATED ANY OF THE PROVISIONS OF SECTION 12­43.3­110 HAS A DUTY TO REPORT SUCH KNOWLEDGE TO THE BOARD, UNLESS SUCH REPORT WOULD VIOLATE PROHIBITION AGAINST DISCLOSURE OF CONFIDENTIAL INFORMATION WITHOUT CLIENT CONSENT PURSUANT TO SECTION 12­43.3­122.

12­43.3­110.  Denial, suspension, revocation, and probation. (1)  THE BOARD HAS THE POWER TO DENY, REVOKE, OR SUSPEND ANY CERTIFICATE ISSUED BY THE BOARD OR APPLIED FOR IN ACCORDANCE WITH THIS ARTICLE OR TO PLACE A LICENSED SOCIAL WORKER I, LICENSED SOCIAL WORKER II, LICENSED CLINICAL SOCIAL WORKER, OR A REGISTERED SOCIAL WORKER ON PROBATION UNDER TERMS AND CONDITIONS SPECIFIED BY THE BOARD IF HE OR SHE:

(a)  HAS BEEN CONVICTED OF A FELONY OR HAS HAD ACCEPTED BY A COURT A PLEA OF GUILTY OR NOLO CONTENDERE TO A FELONY IF THE FELONY IS RELATED TO THE ABILITY TO PRACTICE PSYCHOTHERAPY. A CERTIFIED COPY OF THE JUDGMENT OF A COURT OF COMPETENT JURISDICTION OF SUCH CONVICTION OR PLEA SHALL BE CONCLUSIVE EVIDENCE OF SUCH CONVICTION OR PLEA. IN CONSIDERING THE DISCIPLINARY ACTION, THE BOARD SHALL BE GOVERNED BY THE PROVISIONS OF SECTION 24­5­101, C.R.S.

(b)  HAS VIOLATED, OR ATTEMPTED TO VIOLATE, DIRECTLY OR INDIRECTLY, OR ASSISTED OR ABETTED THE VIOLATION OF, OR CONSPIRED TO VIOLATE ANY PROVISION OR TERM OF THIS ARTICLE OR RULE OR REGULATION PROMULGATED PURSUANT TO THIS ARTICLE OR ANY ORDER OF THE BOARD ESTABLISHED PURSUANT TO THIS ARTICLE;

(c)  HAS USED ADVERTISING WHICH IS MISLEADING, DECEPTIVE, OR FALSE;

(d) (I)  HAS COMMITTED ABUSE OF HEALTH INSURANCE PURSUANT TO SECTION 18­13­120, C.R.S.;

(II)  HAS ADVERTISED THROUGH RESUMES, VITAE, NEWSPAPERS, MAGAZINES, CIRCULARS, DIRECT MAIL, DIRECTORIES, RADIO, TELEVISION, OR OTHERWISE THAT THE PERSON WILL PERFORM ANY ACT PROHIBITED BY SECTION 18­13­120, C.R.S.;

(e)  IS ADDICTED TO OR DEPENDENT ON ALCOHOL OR ANY HABIT­FORMING DRUG, AS DEFINED IN SECTION 12­22­102 (13), OR IS A HABITUAL USER OF ANY CONTROLLED SUBSTANCE, AS DEFINED IN SECTION 12­22­303 (7), OR ANY ALCOHOLIC BEVERAGE;

(f)  HAS ACTED OR FAILED TO ACT IN A MANNER WHICH DOES NOT MEET THE GENERALLY ACCEPTED STANDARDS OF PRACTICE AS ESTABLISHED BY THE PROFESSION. A CERTIFIED COPY OF A MALPRACTICE JUDGMENT OF A COURT OF COMPETENT JURISDICTION SHALL BE CONCLUSIVE EVIDENCE OF SUCH ACT OR OMISSION, BUT EVIDENCE OF SUCH ACT OR OMISSION SHALL NOT BE LIMITED TO A MALPRACTICE JUDGMENT.

(g)  HAS PERFORMED SERVICES OUTSIDE OF HIS OR HER AREA OF TRAINING, EXPERIENCE, OR COMPETENCE;

(h)  HAS MAINTAINED RELATIONSHIPS WITH CLIENTS THAT ARE LIKELY TO IMPAIR HIS OR HER PROFESSIONAL JUDGMENT OR INCREASE THE RISK OF CLIENT EXPLOITATION, SUCH AS TREATING EMPLOYEES, SUPERVISEES, CLOSE COLLEAGUES, OR RELATIVES;

(i)  HAS EXERCISED UNDUE INFLUENCE ON THE CLIENT, INCLUDING THE PROMOTION OF THE SALE OF SERVICES, GOODS, PROPERTY, OR DRUGS IN SUCH A MANNER AS TO EXPLOIT THE CLIENT FOR THE FINANCIAL GAIN OF THE SOCIAL WORKER OR A THIRD PARTY;

(j)  HAS FAILED TO REFER A CLIENT TO AN APPROPRIATE PRACTITIONER WHEN THE PROBLEM OF THE CLIENT IS BEYOND HIS OR HER TRAINING, EXPERIENCE, OR COMPETENCE;

(k)  HAS FAILED TO OBTAIN A CONSULTATION OR PERFORM A REFERRAL WHEN SUCH FAILURE IS NOT CONSISTENT WITH GENERALLY ACCEPTED STANDARDS OF CARE;

(l)  HAS FAILED TO RENDER ADEQUATE PROFESSIONAL SUPERVISION OF PERSONS PRACTICING UNDER HIS OR HER SUPERVISION ACCORDING TO ACCEPTED STANDARDS OF PRACTICE;

(m)  HAS ACCEPTED COMMISSIONS OR REBATES OR OTHER FORMS OF REMUNERATION FOR REFERRING CLIENTS TO OTHER PROFESSIONAL PERSONS;

(n)  HAS FAILED TO COMPLY WITH ANY OF THE REQUIREMENTS PERTAINING TO MANDATORY DISCLOSURE OF INFORMATION TO CLIENTS PURSUANT TO SECTION 12­43.3­123;

(o)  HAS OFFERED OR GIVEN COMMISSIONS, REBATES, OR OTHER FORMS OF REMUNERATION FOR THE REFERRAL OF CLIENTS. NOTWITHSTANDING THIS PROVISION, A LICENSEE MAY PAY AN INDEPENDENT ADVERTISING OR MARKETING AGENT COMPENSATION FOR ADVERTISING OR MARKETING SERVICES RENDERED ON HIS OR HER BEHALF BY SUCH AGENT, INCLUDING COMPENSATION WHICH IS PAID FOR THE RESULTS OF PERFORMANCE OF SUCH SERVICES ON A PER PATIENT BASIS.

(p)  HAS ENGAGED IN SEXUAL CONTACT, SEXUAL INTRUSION, OR SEXUAL PENETRATION, AS DEFINED IN SECTION 18­3­401, C.R.S., WITH A CLIENT;

(q)  HAS RESORTED TO FRAUD, MISREPRESENTATION, OR DECEPTION IN APPLYING FOR OR IN SECURING LICENSURE OR TAKING ANY EXAMINATION PROVIDED FOR IN THIS ARTICLE;

(r)  HAS FALSIFIED OR REPEATEDLY MADE INCORRECT ESSENTIAL ENTRIES OR REPEATEDLY FAILED TO MAKE ESSENTIAL ENTRIES ON CLIENT RECORDS; OR

(s)  HAS COMMITTED A FRAUDULENT INSURANCE ACT AS DEFINED IN SECTION 10­1­127, C.R.S.

(2)  A DISCIPLINARY ACTION RELATING TO A CERTIFICATE TO PRACTICE SOCIAL WORK OR CLINICAL SOCIAL WORK UNDER THIS ARTICLE OR SOCIAL WORK OR CLINICAL SOCIAL WORK IN ANY OTHER STATE, TERRITORY, OR COUNTRY FOR DISCIPLINARY REASONS SHALL BE DEEMED TO BE PRIMA FACIE EVIDENCE OF GROUNDS FOR DISCIPLINARY ACTION, INCLUDING DENIAL OF LICENSURE OR REGISTRATION, BY THE BOARD. THIS SUBSECTION (2) SHALL APPLY ONLY TO DISCIPLINARY ACTIONS BASED UPON ACTS OR OMISSIONS IN SUCH OTHER STATE, TERRITORY, OR COUNTRY SUBSTANTIALLY SIMILAR TO THOSE SET OUT AS GROUNDS FOR DISCIPLINARY ACTION PURSUANT TO SUBSECTION (1) OF THIS SECTION. NO CERTIFICATE SHALL BE SUSPENDED OR REVOKED UNTIL A HEARING BEFORE THE BOARD IS HELD AFTER NOTICE TO THE LICENSED SOCIAL WORKER, REGISTERED SOCIAL WORKER, OR LICENSED CLINICAL SOCIAL WORKER SERVED AT LEAST THIRTY DAYS PRIOR TO SAID HEARING. THE NOTICE SHALL BE SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, SHALL STATE THE TIME AND PLACE OF THE HEARING, AND SHALL SET FORTH THE GROUNDS CONSTITUTING THE CHARGES AGAINST THE LICENSED SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORKER, OR REGISTERED SOCIAL WORKER. THE LICENSED SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORKER, OR REGISTERED SOCIAL WORKER IS ENTITLED TO A DEFENSE EITHER IN PERSON OR BY COUNSEL AND MAY PRODUCE TESTIMONY AND MAY TESTIFY IN HIS OR HER OWN BEHALF. A RECORD OF THE HEARING SHALL BE TAKEN AND PRESERVED. THE RECORD SHALL CONTAIN THE NOTICE AND ALL PAPERS, DOCUMENTS, DATA FILED IN THE PROCEEDINGS AND ALL STATEMENTS OF THE BOARD PERTINENT THERETO, THE TESTIMONY AND EXHIBITS, AND THE FINDINGS OF FACT AND ORDERS OF THE BOARD WHICH HAVE BEEN REDUCED TO WRITING. THE STATE OF COLORADO SHALL BE A PARTY TO THE PROSECUTION OF ALL SUCH ACTIONS AND HEARINGS BEFORE THE BOARD PERTAINING TO THE SUSPENSION OR REVOCATION OF A CERTIFICATE, AND THE ATTORNEY GENERAL, A DEPUTY, OR AN ASSISTANT IS AUTHORIZED AND DIRECTED TO APPEAR IN BEHALF THEREOF. THE HEARING MAY BE ADJOURNED FROM TIME TO TIME. IF THE LICENSED SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORKER, OR REGISTERED SOCIAL WORKER FAILS OR REFUSES TO APPEAR, THE BOARD MAY PROCEED TO HEAR AND EXAMINE THE CHARGES IN THE ABSENCE OF SUCH PERSON. IF THE LICENSED SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORKER, OR REGISTERED SOCIAL WORKER PLEADS GUILTY OR IF UPON HEARING OF THE CHARGES THE MAJORITY OF THE BOARD FINDS THEM TRUE, THE BOARD MAY ENTER AN ORDER SUSPENDING OR REVOKING THE CERTIFICATE OR IMPOSING PROBATIONARY CONDITIONS.

(3)  THE BOARD MAY ADOPT RULES FOR ITS PROCEEDINGS THAT WILL ENABLE IT WITHOUT UNDUE DELAY TO COMPLETELY DETERMINE THE FACTS IN EACH MATTER BROUGHT BEFORE IT AND TO RENDER A DECISION IN WRITING CONSISTENT WITH THE INTENT EXPRESSED IN THIS SECTION. THE BOARD HAS THE RIGHT TO ISSUE SUBPOENAS WHERE REQUIRED. IF ANY SUCH SUBPOENA IS NOT HONORED, THE BOARD SHALL PETITION IN THE APPROPRIATE DISTRICT COURT TO HAVE ITS SUBPOENA HONORED. IF, UPON A HEARING IN THE COURT, THE DEMAND OF THE BOARD IS DETERMINED TO BE UNLAWFUL, THE COURT SHALL ENTER AN ORDER COMPELLING COMPLIANCE THEREWITH.

(4)  ANY PERSON WHO FEELS AGGRIEVED BY THE SUSPENSION OR THE REVOCATION OF HIS OR HER CERTIFICATE MAY FILE SUIT, WITHIN THIRTY DAYS AFTER RECEIVING THE BOARD'S ORDER OF REVOCATION OR SUSPENSION, IN THE APPROPRIATE DISTRICT COURT TO HAVE SUCH CERTIFICATE REINSTATED. IF THE COURT FINDS THAT THE PROCEEDINGS BEFORE THE BOARD WERE CONDUCTED IN A MANNER TO INSURE CORRECT DETERMINATION OF THE FACTS AND THAT THE BOARD'S ORDER IS CONSISTENT WITH THE INTENT OF THIS ARTICLE, THE COURT SHALL AFFIRM THE BOARD'S ORDER. IF THE COURT DOES NOT MAKE SUCH A FINDING, THE COURT MAY ORDER SAID PERSON'S CERTIFICATE REINSTATED OR PROVIDE FOR A REHEARING BEFORE THE BOARD.

12­43.3­111.  Reconsideration and review of action of the board.  THE BOARD, ON ITS OWN MOTION OR UPON APPLICATION, AT ANY TIME AFTER THE IMPOSITION OF ANY DISCIPLINE AS PROVIDED IN SECTION 12­43.3­109, MAY RECONSIDER ITS PRIOR ACTION AND REINSTATE OR RESTORE A CERTIFICATE OR TERMINATE PROBATION OR REDUCE THE SEVERITY OF ITS PRIOR DISCIPLINARY ACTION. THE TAKING OF ANY SUCH FURTHER ACTION OR THE HOLDING OF A HEARING WITH RESPECT THERETO SHALL REST IN THE SOLE DISCRETION OF THE BOARD.

12­43.3­112.  Unlawful acts. (1)  IT IS UNLAWFUL FOR ANY PERSON:

(a)  TO VIOLATE THE PROVISIONS OF SECTION 12­43.3­110;

(b)  TO USE ANY DESIGNATION TENDING TO IMPLY THAT HE OR SHE IS LICENSED OR REGISTERED PURSUANT TO THIS ARTICLE, DURING A PERIOD WHEN HIS OR HER LICENSE OR REGISTRATION HAS BEEN SUSPENDED OR REVOKED; AND

(c)  TO SELL OR FRAUDULENTLY OBTAIN OR FURNISH A LICENSE OR REGISTRATION TO PRACTICE AS A SOCIAL WORKER OR TO AID OR ABET THEREIN.

(2)  ANY PERSON WHO VIOLATES ANY PROVISION OF SUBSECTION (1) OF THIS SECTION COMMITS A CLASS 3 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18­1­106, C.R.S. ANY PERSON WHO SUBSEQUENTLY VIOLATES ANY PROVISION OF SUBSECTION (1) OF THIS SECTION WITHIN THREE YEARS AFTER THE DATE OF A CONVICTION FOR A VIOLATION OF SUBSECTION (1) OF THIS SECTION COMMITS A CLASS 5 FELONY AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18­1­105, C.R.S.

(3)  SUCH MISDEMEANOR OR FELONY SHALL BE PROSECUTED BY THE DISTRICT ATTORNEY OF THE JUDICIAL DISTRICT IN WHICH THE OFFENSE WAS COMMITTED IN THE NAME OF THE PEOPLE OF THE STATE OF COLORADO.

(4)  NO ACTION MAY BE MAINTAINED FOR THE BREACH OF A CONTRACT INVOLVING THE UNLAWFUL PRACTICE OF SOCIAL WORK OR FOR THE RECOVERY OF COMPENSATION FOR SERVICES RENDERED UNDER SUCH A CONTRACT.

24­43.3­113.  Injunctive proceedings. (1)  THE BOARD MAY, IN THE NAME OF THE PEOPLE OF THE STATE OF COLORADO, THROUGH THE ATTORNEY GENERAL OF THE STATE OF COLORADO, APPLY FOR AN INJUNCTION IN ANY COURT OF COMPETENT JURISDICTION:

(a)  TO ENJOIN ANY PERSON FROM COMMITTING ANY ACT PROHIBITED BY THE PROVISIONS OF THIS ARTICLE;

(b)  TO ENJOIN A LICENSEE FROM PRACTICING SOCIAL WORK IF THE LICENSEE HAS VIOLATED THE PROVISIONS OF SECTION 12­43.3­112;

(c)  TO ENJOIN AN UNLICENSED PERSON FROM PRACTICING SOCIAL WORK IF SUCH PERSON HAS VIOLATED THE PROVISIONS OF SECTION 12­43.3­112.

(2)  IF IT IS ESTABLISHED THAT THE DEFENDANT HAS BEEN OR IS COMMITTING ANY ACT PROHIBITED BY THIS ARTICLE, THE COURT SHALL ENTER A DECREE PERPETUALLY ENJOINING SAID DEFENDANT FROM FURTHER COMMITTING SAID ACT OR FROM PRACTICING SOCIAL WORK.

(3)  SUCH INJUNCTIVE PROCEEDINGS SHALL BE IN ADDITION TO AND NOT IN LIEU OF ALL PENALTIES AND OTHER REMEDIES PROVIDED IN THIS ARTICLE.

(4)  WHEN SEEKING AN INJUNCTION UNDER THIS SECTION, THE BOARD SHALL NOT BE REQUIRED TO ALLEGE OR PROVE EITHER THAT AN ADEQUATE REMEDY AT LAW DOES NOT EXIST OR THAT SUBSTANTIAL OR IRREPARABLE DAMAGE WOULD RESULT FROM A CONTINUED VIOLATION.

12­43.3­114.  Expenses of the board. ALL REASONABLE EXPENSES OF THE BOARD SHALL BE PAID AS DETERMINED BY THE DIRECTOR OF THE DIVISION OF REGISTRATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES FROM THE FEES COLLECTED PURSUANT TO SECTION 12­43.3­121 AS PROVIDED BY LAW.

12­43.3­115.  Professional review committees. (1)  A PROFESSIONAL REVIEW COMMITTEE MAY BE ESTABLISHED BY THE BOARD FROM A PROFESSIONAL ASSOCIATION TO INVESTIGATE THE QUALITY OF CARE BEING GIVEN BY A PERSON LICENSED PURSUANT TO THIS ARTICLE. IF SUCH A COMMITTEE IS ESTABLISHED, IT SHALL INCLUDE IN ITS MEMBERSHIP AT LEAST THREE PERSONS LICENSED OR REGISTERED UNDER THIS ARTICLE. SUCH COMMITTEE MAY BE AUTHORIZED TO ACT ONLY BY A SOCIETY OR AN ASSOCIATION OF PERSONS, WHICHEVER IS APPLICABLE, LICENSED PURSUANT TO THIS ARTICLE WHOSE MEMBERSHIP INCLUDES NOT LESS THAN ONE­THIRD OF THE PERSONS LICENSED PURSUANT TO THIS ARTICLE RESIDING IN THIS STATE IF THE LICENSEE WHOSE SERVICES ARE THE SUBJECT OF REVIEW IS A MEMBER OF SUCH SOCIETY OR ASSOCIATION.

(2)  ANY MEMBER OF THE PROFESSIONAL REVIEW COMMITTEE AND ANY WITNESS APPEARING BEFORE SUCH PROFESSIONAL REVIEW COMMITTEE SHALL BE IMMUNE FROM SUIT IN ANY CIVIL ACTION BROUGHT BY A LICENSEE WHO IS THE SUBJECT OF A PROFESSIONAL REVIEW PROCEEDING IF SUCH MEMBER OR WITNESS ACTS IN GOOD FAITH WITHIN THE SCOPE OF THE FUNCTION OF SUCH COMMITTEE, HAS MADE A REASONABLE EFFORT TO OBTAIN THE FACTS OF THE MATTER AS TO WHICH HE OR SHE ACTS, AND ACTS IN THE REASONABLE BELIEF THAT THE ACTION TAKEN BY HIM OR HER IS WARRANTED BY THE FACTS.

12­43.3­116.  Certification by reciprocity. THE BOARD MAY CERTIFY AS A LICENSED SOCIAL WORKER OR AS A REGISTERED SOCIAL WORKER, WITHOUT EXAMINATION, ANY PERSON WHO SUBMITS THE APPROPRIATE APPLICATION, ACCOMPANIED BY SUCH FEE AS IS REQUIRED BY SECTION 12­43.3­121, AND WHO POSSESSES A VALID AND UNSUSPENDED AND UNREVOKED CERTIFICATE ON THE BASIS OF AN EXAMINATION BY A DULY CONSTITUTED EXAMINING BOARD UNDER THE LAWS OF ANY OTHER STATE, ANY TERRITORY OF THE UNITED STATES, OR THE DISTRICT OF COLUMBIA WHICH IN THE JUDGMENT OF THE BOARD HAS REQUIREMENTS SUBSTANTIALLY EQUIVALENT TO THOSE IN THIS ARTICLE.

12­43.3­117.  Certificate ­ filing.  THE BOARD SHALL ISSUE A CERTIFICATE SIGNED BY THE CHAIRMAN AND THE VICE­CHAIRMAN OF THE BOARD WHENEVER AN APPLICANT SUCCESSFULLY QUALIFIES THEREFOR AS PROVIDED IN THIS ARTICLE.

12­43.3­118.  Renewal of license or registration. (1)  EACH CERTIFICATE ISSUED UNDER THE PROVISIONS OF THIS ARTICLE SHALL BE RENEWED BIENNIALLY, EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE. ON OR BEFORE JULY 1 OF EACH CYCLE YEAR, THE BOARD SHALL MAIL AN APPLICATION FOR RENEWAL TO EACH PERSON HOLDING A CERTIFICATE WHICH WILL LAPSE WITHIN THE YEAR. THE APPLICATION SHALL BE MAILED TO THE MOST RECENT ADDRESS OF SAID PERSON AS IT APPEARS ON THE RECORDS OF THE BOARD. SUCH PERSON SHALL COMPLETE THE RENEWAL APPLICATION AND RETURN IT TO THE BOARD, ACCOMPANIED BY SUCH RENEWAL FEE AS IS REQUIRED BY SECTION 12­43.3­121, BEFORE AUGUST 31 OF THE CYCLE YEAR IN WHICH SAID APPLICATION WAS RECEIVED. UPON RECEIPT OF ANY APPLICATION AND FEE, THE BOARD SHALL VERIFY THE ACCURACY OF SUCH APPLICATION AND ISSUE TO THE APPLICANT A NOTICE OF RENEWAL FOR THE CURRENT CYCLE YEAR, BEGINNING SEPTEMBER 1 AND EXPIRING AUGUST 31.

(2)  IF ANY PERSON FAILS TO RENEW HIS OR HER CERTIFICATE BY AUGUST 31, SUCH CERTIFICATE SHALL LAPSE. RENEWAL OF A CERTIFICATE WHICH HAS BEEN LAPSED FOR SIX MONTHS OR LESS MAY BE EFFECTED UPON THE SUBMISSION TO THE BOARD OF A RENEWAL APPLICATION ACCOMPANIED BY SUCH RENEWAL FEE AS IS REQUIRED BY SECTION 12­43.3­121. RENEWAL OF A CERTIFICATE WHICH HAS BEEN LAPSED IN EXCESS OF SIX MONTHS BUT LESS THAN ONE YEAR MAY BE EFFECTED UPON THE SUBMISSION TO THE BOARD OF A RENEWAL APPLICATION ACCOMPANIED BY A FEE WHICH IS TWICE THE AMOUNT OF THE RENEWAL FEE SPECIFIED IN SECTION 12­43.3­121. IF A CERTIFICATE IS ALLOWED TO REMAIN LAPSED FOR ONE YEAR OR LONGER, THE APPLICANT FOR LICENSURE OR REGISTRATION WILL BE REQUIRED TO TAKE AN EXAMINATION.

(3)  EVERY PERSON SEEKING A RENEWAL OF A CERTIFICATE SHALL SHOW EVIDENCE TO THE BOARD THAT HE OR SHE HAS BEEN ENGAGED IN AT LEAST FOURTEEN CLASSROOM HOURS OF CONTINUING EDUCATION UNDER THE SPONSORSHIP OF AN ACCREDITED SCHOOL OR A PROGRAM APPROVED BY THE NATIONAL ASSOCIATION OF SOCIAL WORKERS, INC. THE BOARD HAS THE AUTHORITY TO REVISE THE CRITERIA SO ACTIVITIES MAY BE KEPT CURRENT, EFFECTIVE, AND RELEVANT. ANY REVISION OF CRITERIA REGARDING TIME, CONTENT, OR APPROPRIATENESS OF CONTINUING EDUCATION MUST BE MADE KNOWN BY THE INCLUSION IN THE ANNUAL NOTICE OF RENEWAL OF LICENSURE AND REGISTRATION.

12­43.3­119.  Rights and privileges of licensure and registration. (1)  ANY PERSON WHO POSSESSES A VALID UNSUSPENDED AND UNREVOKED CERTIFICATE AS A LICENSED SOCIAL WORKER I AND WHO HAS RECEIVED A LICENSE PURSUANT TO SECTION 12­43.3­107, HAS THE RIGHT TO PRACTICE SOCIAL WORK UNDER SUPERVISION AND USE THE TITLE "LICENSED SOCIAL WORKER 1", "SOCIAL WORKER", "LICENSED SOCIAL WORKER" AND THE ABBREVIATION "LSW I". ANY PERSON WHO POSSESSES A VALID UNSUSPENDED AND UNREVOKED CERTIFICATE AS A LICENSED SOCIAL WORKER II WHOSE LICENSE WAS GRANTED PURSUANT TO THE PROVISIONS OF SECTION 12­43.3­107, IS ENTITLED TO ENGAGE IN THE PRIVATE, INDEPENDENT PRACTICE OF SOCIAL WORK AND HAS THE RIGHT TO PRACTICE AND SUPERVISE SOCIAL WORK PRACTICE AND USE THE TITLE "LICENSED SOCIAL WORKER II", "SOCIAL WORKER II", "SOCIAL WORKER", "LICENSED SOCIAL WORKER" AND THE ABBREVIATION "LSW II". NO OTHER PERSON SHALL ASSUME THESE TITLES OR USE THESE ABBREVIATIONS ON ANY WORK OR LETTER, SIGN, FIGURE, OR DEVICE TO INDICATE THAT THE PERSON USING THE SAME IS A LICENSED SOCIAL WORKER OR A SOCIAL WORKER.

(2)  ANY PERSON WHO POSSESSES A VALID UNSUSPENDED AND UNREVOKED CERTIFICATE AS A LICENSED CLINICAL SOCIAL WORKER WHOSE LICENSE WAS GRANTED PURSUANT TO THE PROVISIONS OF SECTION 12­43.3­107 IS ENTITLED TO ENGAGE IN THE PRIVATE INDEPENDENT PRACTICE OF CLINICAL SOCIAL WORK AND HAS THE RIGHT TO PRACTICE AND SUPERVISE CLINICAL SOCIAL WORK PRACTICE AND USE THE TITLE "LICENSED CLINICAL SOCIAL WORKER", "CLINICAL SOCIAL WORKER", "SOCIAL WORKER", "LICENSED SOCIAL WORKER", AND THE ABBREVIATION "LCSW". NO OTHER PERSON SHALL ASSUME THESE TITLES OR USE THESE ABBREVIATIONS OR ANY WORK OR LETTER, SIGN, FIGURE, OR DEVICE TO INDICATE THAT THE PERSON USING THE SAME IS A LICENSED CLINICAL SOCIAL WORKER OR SOCIAL WORKER.

(3)  ANY PERSON WHO POSSESSES A VALID UNSUSPENDED AND UNREVOKED CERTIFICATE AS A REGISTERED SOCIAL WORKER HAS THE RIGHT TO USE THE TITLE "SOCIAL WORKER" OR "REGISTERED SOCIAL WORKER", AND THE ABBREVIATION "RSW". NO OTHER PERSON SHALL ASSUME SUCH TITLE OR USE SUCH ABBREVIATION ON ANY WORK OR LETTER, SIGN, FIGURE, OR DEVICE TO INDICATE THAT THE PERSON USING THE SAME IS A REGISTERED SOCIAL WORKER. REGISTERED SOCIAL WORKERS WHO ARE EMPLOYEES OF SKILLED OR INTERMEDIATE NURSING CARE FACILITIES SHALL HAVE THE RIGHT TO PRACTICE UNDER THE PERSONAL, RESPONSIBLE SUPERVISION OF A LICENSED SOCIAL WORKER OR LICENSED CLINICAL SOCIAL WORKER AS DEFINED IN SECTION 12­43.3­103.

(4)  ANY PERSON DULY LICENSED AS A SOCIAL WORKER II, LICENSED CLINICAL SOCIAL WORKER, OR ANY PERSON UNDER THE SUPERVISION OF A LICENSED SOCIAL WORKER II OR A LICENSED CLINICAL SOCIAL WORKER SHALL NOT BE REQUIRED TO OBTAIN ANY OTHER LICENSE OR CERTIFICATION TO PRACTICE SOCIAL WORK OR ANY COMPONENT OR FUNCTION OF SOCIAL WORK AS DEFINED IN SECTION 12­43.3­106 UNLESS OTHERWISE REQUIRED BY THE BOARD OF SOCIAL WORK EXAMINERS.

12­43.3­120.  Compliance period.  ANY PERSON NOT LICENSED PURSUANT TO 12­43­403 SHALL HAVE UNTIL JULY 1, 1999, TO ATTAIN COMPLIANCE WITH THE EDUCATIONAL AND LICENSURE REQUIREMENTS OF THIS ARTICLE AND SHALL NOT BE IN VIOLATION OF THE PROVISIONS OF THIS ARTICLE UNTIL SAID DATE. ANY PERSON EMPLOYED BY A PUBLIC AGENCY OF THE STATE OF COLORADO OR ITS SUBDIVISIONS SHALL RETAIN HIS OR HER CURRENT POSITION OF EMPLOYMENT AND REMAIN IN COMPLIANCE WITH THIS ARTICLE; EXCEPT THAT SUCH PERSON MAY NOT BE PROMOTED OR TRANSFERRED UNTIL HE OR SHE IS IN COMPLIANCE WITH THIS ARTICLE. ALL PERSONS SUBJECT TO THIS SECTION SHALL COMPLY WITH ALL THE OTHER PROVISIONS OF THIS ARTICLE.

12­43.3­121.  Fees. (1)  THE FEES IN CONNECTION WITH CERTIFICATION AS A LICENSED SOCIAL WORKER I, LICENSED SOCIAL WORKER II, OR A REGISTERED SOCIAL WORKER SHALL BE APPROPRIATELY DIFFERENTIATED AND SHALL BE ESTABLISHED PURSUANT TO SECTION 24­34­105, C.R.S., FOR THE FOLLOWING:

(a)  CERTIFICATE BY EXAMINATION OR PETITION;

(b)  REEXAMINATION;

(c)  CERTIFICATE BY RECIPROCITY UNDER THE PROVISIONS OF SECTION 12­43.3­116;

(d)  RENEWAL OR REISSUANCE OF A CERTIFICATE INCLUDING A LAPSED CERTIFICATE.

(2)  ALL FEES RECEIVED BY THE BOARD AND ALL FINES COLLECTED UNDER THE PROVISIONS OF THIS ARTICLE SHALL BE PAID TO THE DEPARTMENT OF THE TREASURY, IN ACCORDANCE WITH SECTION 24­34­105, C.R.S., AND THE BOARD SHALL ACCOUNT FOR ALL MONEYS RECEIVED.

(3)  NO FEES SHALL BE REFUNDED UNLESS TAKEN IN ERROR BY THE BOARD.

12­43.3­122.  Privileged communications. (1)  A LICENSEE SHALL NOT DISCLOSE, WITHOUT THE CONSENT OF THE CLIENT, ANY CONFIDENTIAL COMMUNICATIONS MADE BY THE CLIENT TO THE LICENSEE, OR ADVICE GIVEN THEREON, IN THE COURSE OF PROFESSIONAL EMPLOYMENT; NOR SHALL A LICENSEE'S EMPLOYEE OR ASSOCIATE, WHETHER CLERICAL OR PROFESSIONAL, DISCLOSE ANY KNOWLEDGE OF SAID COMMUNICATIONS ACQUIRED IN SUCH CAPACITY; NOR SHALL ANY PERSON WHO HAS PARTICIPATED IN ANY SOCIAL WORK SERVICE CONDUCTED UNDER THE SUPERVISION OF A LICENSEE, INCLUDING, BUT NOT LIMITED TO, GROUP SESSIONS, DISCLOSE ANY KNOWLEDGE GAINED DURING THE COURSE OF SUCH SERVICE WITHOUT THE CONSENT OF THE PERSON TO WHOM THE KNOWLEDGE RELATES.

(2)  SUBSECTION (1) OF THIS SECTION SHALL NOT APPLY WHEN:

(a)  A CLIENT OR THE HEIRS, EXECUTORS, OR ADMINISTRATORS OF A CLIENT FILE SUIT OR A COMPLAINT AGAINST A LICENSEE ON ANY CAUSE OF ACTION ARISING OUT OF OR CONNECTED WITH THE CARE OR TREATMENT OF SUCH CLIENT BY THE LICENSEE;

(b)  A LICENSEE WAS IN CONSULTATION WITH A PHYSICIAN, REGISTERED PROFESSIONAL NURSE, LICENSEE, PERSON LICENSED PURSUANT TO PART 2 OF ARTICLE 43 OF TITLE 12, OR CERTIFIED SCHOOL PSYCHOLOGIST AGAINST WHOM A SUIT OR COMPLAINT WAS FILED BASED ON THE CASE OUT OF WHICH SAID SUIT OR COMPLAINT ARISES;

(c)  A REVIEW OF SERVICES OF A LICENSEE IS CONDUCTED BY ANY OF THE FOLLOWING:

(I)  THE BOARD OR A PERSON OR GROUP AUTHORIZED BY SUCH BOARD TO MAKE AN INVESTIGATION ON ITS BEHALF;

(II)  THE GOVERNING BOARD OF A HOSPITAL LICENSED PURSUANT TO PART 1 OF ARTICLE 3 OF TITLE 25, C.R.S., WHERE SAID LICENSEE PRACTICES OR THE MEDICAL STAFF OF SUCH HOSPITAL IF THE MEDICAL STAFF OPERATES PURSUANT TO WRITTEN BYLAWS APPROVED BY THE GOVERNING BOARD OF SUCH HOSPITAL; OR

(III)  A PROFESSIONAL REVIEW COMMITTEE ESTABLISHED PURSUANT TO SECTION 12­43.3­115, IF SAID PERSON HAS SIGNED A RELEASE AUTHORIZING SUCH REVIEW.

(d)  THE PERSON WAIVES THE PRIVILEGE BY BRINGING CHARGES AGAINST THE LICENSED SOCIAL WORKER, REGISTERED SOCIAL WORKER, PERSON UNDER THE DIRECT AND PERSONAL SUPERVISION OF A LICENSED SOCIAL WORKER, OR INDEPENDENTLY PRACTICING SOCIAL WORKER.

(3)  THE RECORDS AND INFORMATION PRODUCED AND USED IN THE REVIEW PROVIDED FOR IN PARAGRAPH (c) OF SUBSECTION (2) OF THIS SECTION SHALL NOT BECOME PUBLIC RECORDS SOLELY BY VIRTUE OF THE USE OF SUCH RECORDS AND INFORMATION. THE IDENTITY OF ANY CLIENT WHOSE RECORDS ARE SO REVIEWED SHALL NOT BE DISCLOSED TO ANY PERSON NOT DIRECTLY INVOLVED IN SUCH REVIEW PROCESS, AND PROCEDURES SHALL BE ADOPTED BY THE BOARD, HOSPITAL, ASSOCIATION, OR SOCIETY TO ENSURE THAT THE IDENTITY OF THE CLIENT IS CONCEALED DURING THE REVIEW PROCESS ITSELF AND TO COMPLY WITH THE PROVISIONS OF SECTION 12­43.3­123.

(4)  NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT ANY OTHER DISCLOSURES REQUIRED BY LAW.

(5)  ANY REGISTERED SOCIAL WORKER, LICENSED SOCIAL WORKER I, LICENSED SOCIAL WORKER II, LICENSED CLINICAL SOCIAL WORKER, OR PERSON UNDER THE SUPERVISION OF A LICENSED SOCIAL WORKER II OR LICENSED CLINICAL SOCIAL WORKER, WHO HAS REASONABLE CAUSE TO KNOW OR SUSPECT THAT A CHILD HAS BEEN SUBJECTED TO ABUSE OR NEGLECT OR WHO HAS OBSERVED THE CHILD BEING SUBJECTED TO CIRCUMSTANCES OR CONDITIONS WHICH WOULD REASONABLY RESULT IN ABUSE OR NEGLECT SHALL IMMEDIATELY REPORT OR CAUSE A REPORT TO BE MADE OF SUCH FACT TO THE COUNTY DEPARTMENT OF SOCIAL SERVICES OR LOCAL LAW ENFORCEMENT AGENCY.

12­43.3­123.  Mandatory disclosure of information to clients.

(1)  EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS SECTION, EVERY LICENSEE OR PERSON PRACTICING UNDER THE SUPERVISION OF A LICENSEE SHALL PROVIDE THE FOLLOWING INFORMATION IN WRITING TO EACH CLIENT DURING THE INITIAL CLIENT CONTACT:

(a)  THE NAME, BUSINESS ADDRESS, AND BUSINESS PHONE NUMBER OF THE SUPERVISED PERSON OR LICENSEE;

(b)  A LISTING OF ANY DEGREES, CREDENTIALS, AND LICENSES;

(c)  A STATEMENT INDICATING THAT THE PRACTICE OF SOCIAL WORK IS REGULATED BY THE DEPARTMENT OF REGULATORY AGENCIES AND AN ADDRESS AND TELEPHONE NUMBER FOR THE BOARD OF SOCIAL WORK EXAMINERS; AND

(d)  A STATEMENT INDICATING THAT:

(I)  A CLIENT IS ENTITLED TO RECEIVE INFORMATION ABOUT THE METHODS AND TECHNIQUES USED, THE DURATION OF SERVICE, IF KNOWN, AND THE FEE STRUCTURE IF APPLICABLE;

(II)  THE CLIENT MAY SEEK A SECOND OPINION FROM ANOTHER SOCIAL WORKER OR MAY TERMINATE SERVICE AT ANY TIME;

(III)  IN A PROFESSIONAL RELATIONSHIP, SEXUAL INTIMACY IS NEVER APPROPRIATE AND SHOULD BE REPORTED TO THE SOCIAL WORK BOARD OF EXAMINERS;

(IV)  THE INFORMATION PROVIDED BY THE CLIENT IS CONFIDENTIAL IN THE CASE OF LICENSED SOCIAL WORKERS, EXCEPT AS PROVIDED IN SECTION 12­43.3­122 AND EXCEPT AS OTHERWISE PROVIDED BY LAW.

(2) (a)  THE DISCLOSURE OF INFORMATION REQUIRED BY SUBSECTION (1) OF THIS SECTION IS NOT REQUIRED WHEN SOCIAL WORK SERVICES ARE BEING ADMINISTERED IN ANY OF THE FOLLOWING CIRCUMSTANCES:

(I)  IN AN EMERGENCY;

(II)  PURSUANT TO A COURT ORDER OR INVOLUNTARY PROCEDURES PURSUANT TO SECTIONS 27­10­105 TO 27­10­109, C.R.S.;

(III)  THE SOLE PURPOSE OF THE PROFESSIONAL RELATIONSHIP IS FOR FORENSIC EVALUATION;

(IV)  THE CLIENT IS IN THE PHYSICAL CUSTODY OF EITHER THE DEPARTMENT OF CORRECTIONS OR THE DEPARTMENT OF HUMAN SERVICES AND SUCH DEPARTMENT HAS DEVELOPED AN ALTERNATIVE PROGRAM TO PROVIDE SIMILAR INFORMATION TO SUCH CLIENT AND SUCH PROGRAM HAS BEEN ESTABLISHED THROUGH RULE OR REGULATION PURSUANT TO THE "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE 24, C.R.S.;

(V)  THE CLIENT IS INCAPABLE OF UNDERSTANDING SUCH DISCLOSURE AND HAS NO GUARDIAN TO WHOM DISCLOSURE CAN BE MADE.

(b)  IF THE CLIENT HAS NO WRITTEN LANGUAGE OR IS UNABLE TO READ, AN ORAL EXPLANATION SHALL ACCOMPANY THE WRITTEN COPY.

(3)  UNLESS THE CLIENT, PARENT, OR GUARDIAN IS UNABLE TO WRITE, OR REFUSES OR OBJECTS, THE CLIENT, PARENT, OR GUARDIAN SHALL SIGN THE DISCLOSURE FORM REQUIRED BY THIS SECTION NOT LATER THAN THE SECOND VISIT WITH THE SOCIAL WORKER.

12­43.3­124.  Scope of article. (1)  THE PRACTICE OF SOCIAL WORK INCLUDES, BUT IS NOT LIMITED TO, THE COMBINATION OF ANY TWO OR MORE OF THE FOLLOWING PROFESSIONAL SERVICES: ASSESSMENT; DIFFERENTIAL DIAGNOSIS; TREATMENT PLANNING AND EVALUATION; MEASUREMENT OF PSYCHOSOCIAL FUNCTIONING; CRISIS INTERVENTION; OUT­REACH; SHORT AND LONG­TERM TREATMENT; PSYCHOTHERAPY; THERAPEUTIC INTERVENTION; CLIENT EDUCATION; CASE MANAGEMENT; MEDIATION; ADVOCACY; DISCHARGE, REFERRAL, AND CONTINUITY OF CARE PLANNING; CONSULTATION; SUPERVISION; RESEARCH; ADMINISTRATION; EDUCATION; SOCIAL­ GROUP WORK; COMMUNITY ORGANIZATION; AND SOCIAL POLICY ANALYSIS AND DEVELOPMENT. SOCIAL WORK PRACTICE ALSO MAY ENCOMPASS OTHER CURRENT OR DEVELOPING MODALITIES AND TECHNIQUES THAT ARE CONSISTENT WITH THIS SCOPE.

(2)  NO PERSON MAY SUPERVISE THE PRACTICE OF SOCIAL WORK UNLESS LICENSED OR REGISTERED PURSUANT TO SECTION 12­43.3­107.

(3)  NO PERSON MAY USE THE TITLE "SOCIAL WORKER" OR THE WORDS "SOCIAL WORK" IN ANY TITLE UNLESS LICENSED PURSUANT TO THIS ARTICLE. NO PERSON SHALL PROVIDE TO THE PUBLIC ANY TWO OR MORE SERVICES DESCRIBED IN SUBSECTION (1) OF THIS SECTION UNLESS LICENSED OR REGISTERED PURSUANT TO THIS ARTICLE OR UNDER THE DIRECT SUPERVISION OF A PERSON LICENSED PURSUANT TO THIS ARTICLE.

12­43.3­125.  Qualified members of other professional groups.

NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PREVENT QUALIFIED MEMBERS OF OTHER PROFESSIONAL GROUPS FROM ENGAGING IN ACTIVITIES CONSISTENT WITH THE STANDARDS AND ETHICS OF THEIR RESPECTIVE PROFESSIONS, BUT THEY SHALL NOT HOLD THEMSELVES OUT TO THE PUBLIC BY ANY TITLE OR DESCRIPTION OF SERVICES INCORPORATING THE WORDS "SOCIAL WORK, SOCIAL WORKER, LICENSED SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORKER, CLINICAL SOCIAL WORK, CLINICAL SOCIAL WORKER, OR REGISTERED SOCIAL WORKER", AND THEY SHALL NOT STATE OR IMPLY THAT THEY ARE LICENSED OR REGISTERED TO PRACTICE SOCIAL WORK OR CLINICAL SOCIAL WORK.

12­43.3­126.  School social workers. (1)  ANY PERSON WHO HOLDS A VALID MASTER'S DEGREE IN SOCIAL WORK AND HAS OBTAINED THE SPECIAL SERVICES LICENSE WITH SOCIAL WORK ENDORSEMENT ISSUED BY THE DEPARTMENT OF EDUCATION PURSUANT TO THE "COLORADO EDUCATOR LICENSING ACT OF 1991", PART 1 OF ARTICLE 60.5 OF TITLE 22, C.R.S., SHALL BE ISSUED THE "LSW II" CERTIFICATE UPON APPLICATION AND PAYMENT OF SAID FEES AND SHALL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE.

(2)  THE EXAMINATION FOR THE LICENSED SOCIAL WORKER II SCHOOL SOCIAL WORK COMPETENCY SHALL BE THE SAME AS THE EXAMINATION USED FOR THE SPECIAL SERVICES LICENSE WITH SOCIAL WORK ENDORSEMENT ISSUED PURSUANT TO THE "COLORADO EDUCATOR LICENSING ACT OF 1991", PART 1 OF ARTICLE 60.5 OF TITLE 22, C.R.S.

12­43.3­127.  Clinical social work practice.  THE PRACTICE AND SUPERVISION OF CLINICAL SOCIAL WORK OR PSYCHOTHERAPY SHALL BE REGULATED EXCLUSIVELY PURSUANT TO THE PROVISIONS OF ARTICLE 43 AND THIS ARTICLE.

12­43.3­128.  Drugs ­ practice of medicine prohibited. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PERMITTING SOCIAL WORKERS LICENSED OR REGISTERED UNDER THIS ARTICLE TO ADMINISTER OR PRESCRIBE DRUGS OR IN ANY MANNER ENGAGE IN THE PRACTICE OF MEDICINE.

12­43.3­129.  Transfer of functions of the state board of social work examiners. (1)  THE BOARD SHALL, ON AND AFTER JULY 1, 1997, EXECUTE, ADMINISTER, PERFORM, AND ENFORCE THE RIGHTS, POWERS, DUTIES, FUNCTIONS, AND OBLIGATIONS VESTED IN THE STATE BOARD OF SOCIAL WORK EXAMINERS PRIOR TO JULY 1, 1997, CONCERNING THE LICENSING AND REGISTRATION OF SOCIAL WORKERS. ON AUGUST 1, 1997, ALL EMPLOYEES OF THE DEPARTMENT OF REGULATORY AGENCIES WHOSE PRINCIPAL DUTIES ARE CONCERNED WITH THE LICENSING AND REGISTRATION OF SOCIAL WORKERS AND WHOSE EMPLOYMENT WITH THE BOARD IS DEEMED NECESSARY BY THE EXECUTIVE DIRECTOR TO CARRY OUT THE PURPOSES OF THIS ARTICLE SHALL BE TRANSFERRED TO THE STATE BOARD OF SOCIAL WORK PRACTICE EXAMINERS AND SHALL BECOME EMPLOYEES THEREOF. SUCH EMPLOYEES SHALL RETAIN ALL RIGHTS TO STATE PERSONNEL SYSTEM AND RETIREMENT BENEFITS UNDER THE LAWS OF THIS STATE AND THEIR SERVICES SHALL BE DEEMED TO HAVE BEEN CONTINUOUS. ALL TRANSFERS AND ANY ABOLISHMENT OF POSITIONS IN THE STATE PERSONNEL SYSTEM SHALL BE MADE AND PROCESSED IN ACCORDANCE WITH STATE PERSONNEL SYSTEM LAWS AND RULES AND REGULATIONS.

(2)  ON JULY 1, 1997, ALL PROPERTY, REAL AND PERSONAL, INCLUDING OFFICE FURNITURE AND FIXTURES, BOOKS, DOCUMENTS, AND RECORDS, WHICH WERE PRINCIPALLY USED FOR AND PERTAIN TO THE DUTIES AND FUNCTIONS OF THE STATE BOARD OF SOCIAL WORK EXAMINERS CONCERNING THE LICENSING AND REGISTRATION OF SOCIAL WORKERS ARE TRANSFERRED TO THE STATE BOARD OF SOCIAL WORK PRACTICE EXAMINERS AND BECOME THE PROPERTY THEREOF.

(3)  WHENEVER THE STATE BOARD OF SOCIAL WORK EXAMINERS IS REFERRED TO OR DESIGNATED BY ANY CONTRACT OR OTHER DOCUMENT IN CONNECTION WITH ITS DUTIES AND FUNCTIONS CONCERNING THE LICENSING AND REGISTRATION OF SOCIAL WORKERS, SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO APPLY TO THE STATE BOARD OF SOCIAL WORK PRACTICE EXAMINERS. ALL CONTRACTS ENTERED INTO BY THE STATE BOARD OF SOCIAL WORK EXAMINERS PRIOR TO JULY 1, 1997, IN CONNECTION WITH ITS DUTIES AND FUNCTIONS CONCERNING THE LICENSING AND REGISTRATION OF SOCIAL WORKERS ARE HEREBY VALIDATED, WITH THE STATE BOARD OF SOCIAL WORK PRACTICE EXAMINERS SUCCEEDING TO ALL THE RIGHTS AND OBLIGATIONS OF SUCH CONTRACTS. ANY APPROPRIATION OF FUNDS FROM PRIOR FISCAL YEARS OPEN TO SATISFY OBLIGATIONS INCURRED UNDER SUCH CONTRACTS ARE HEREBY TRANSFERRED AND APPROPRIATED TO THE STATE BOARD OF SOCIAL WORK EXAMINERS FOR THE PAYMENT OF SUCH OBLIGATIONS.

12­43.3­130.  Repeal.  THIS ARTICLE IS REPEALED, EFFECTIVE JULY 1, 2010.

SECTION 2. 24­34­104 (41) (b), Colorado Revised Statutes, 1988 Repl. Vol., as amended is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24­34­104.  General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (41)  The following agencies, functions, or both, shall terminate on July 1, 2010:

(b)  The following boards in the division of registrations in the department of regulatory agencies:

(I)  The Colorado state board of medical examiners, created by article 36 of title 12, C.R.S.

(II)  The state board of nursing, created by article 38 of title 12, C.R.S.

(III)  THE STATE BOARD OF SOCIAL WORK PRACTICE, CREATED BY ARTICLE 43.3 OF TITLE 12, C.R.S.

SECTION 3.  24­34­105 (2) (b), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended to read:

24­34­105. Fee adjustments ­ division of registrations cash fund ­ created. (2) (b) Based upon the appropriation made and subject to the approval of the executive director of the department of regulatory agencies, each board or commission shall adjust its fees so that the revenue generated from said fees approximates its direct and indirect costs; except that the costs of the Colorado state board of psychologist examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, the state board of social work examiners, THE STATE BOARD OF SOCIAL WORK PRACTICE EXAMINERS, and the state grievance board shall be considered collectively in the fee­setting process. Subsequent revenue generated by the fees set by such boards plus revenues generated pursuant to section 12­43­220, C.R.S., shall be compared to those collective costs to determine recovery of direct and indirect costs. Such fees shall remain in effect for the fiscal year for which the budget request applies. All fees collected by each board and commission shall be transmitted to the state treasurer, who shall credit the same to the division of registrations cash fund, which fund is hereby created. All moneys credited to the division of registrations cash fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund.

SECTION 4.  27­10­102 (11), Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

27­10­102.  Definitions. As used in this article, unless the context otherwise requires:

(11)  "Professional person" means a person licensed to practice medicine in this state, A CLINICAL SOCIAL WORKER LICENSED TO PRACTICE IN THIS STATE, or a psychologist certified to practice in this state.

SECTION 5.  12­43­701 (8), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­701.  Definitions. As used in this part 7, unless the context otherwise requires:

(8)  "Licensee" means a psychologist, clinical social worker, marriage and family therapist, or professional counselor licensed pursuant to the provisions of this article.

SECTION 6.  12­43­702 (4) (b), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is repealed as follows:

12­43­702.  State grievance board ­ creation ­ subject to termination. (4)  The grievance board shall attempt to schedule disciplinary matters to be heard by the grievance board in a manner so as to reduce the number of additional members needed for any meeting. For disciplinary proceedings of the grievance board, in addition to the eight members appointed to the grievance board under subsections (2) and (3) of this section, three additional members shall be appointed by the governor to the grievance board as follows:

(b)  If the disciplinary action relates to a licensed clinical social worker, the three additional members shall be licensed clinical social workers.

SECTION 7.  12­43­703 (1) (g), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­703.  Powers and duties of the grievance board. (1)  In addition to all other powers and duties conferred and imposed upon the grievance board by this article, the grievance board has the following powers and duties:

(g)  To request that any board or individual board member advise it or an administrative law judge it employs in any disciplinary matter. In addition, the grievance board may request the assistance of a professional psychologist, clinical social worker, marriage and family therapist, professional counselor, or certified school psychologist when a disciplinary matter relates to a practitioner within the same field of practice as the professional psychologist, clinical social worker, marriage and family therapist, professional counselor, or certified school psychologist respectively.

SECTION 8.  12­43­707 (1) (c), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­707.  Unlawful acts. (1)  It is unlawful for any person:

(c)  To sell or fraudulently obtain or furnish a license to practice as a clinical social worker, marriage and family therapist, professional counselor, or psychologist or a certificate to practice as a certified school psychologist or to aid or abet therein.

SECTION 9.  Repeal. Part 4 of article 43 of title 12, Colorado Revised Statutes, 1991 Repl. Vol., is repealed.

SECTION 10.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.