First Regular Session

Sixty-first General Assembly

LLS NO. 97­0671.01D PLC HOUSE BILL 97­1317

STATE OF COLORADO

BY REPRESENTATIVES Paschall, K. Alexander, Clarke, Dyer, Epps, Kreutz, Morrison, Musgrave, Reeser, Schwarz, and Sullivant;

also SENATORS Wham, Congrove, Hopper, and Reeves.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING THE PROMOTION OF PROFESSIONAL AUTONOMY IN THE CONTINUED STATE REGULATION OF THE PRACTICE OF PSYCHOLOGY.

Bill Summary

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

Creates a the state board of psychology examiners (board) in the office of the executive director of department of regulatory agencies.

Authorizes the board to:

C Adopt examinations for licensure of qualified psychologists;

C Conduct disciplinary hearings;

C License qualified psychologists;

C Investigate grievances;

C Collect fees;

C Revoke or suspend the licenses of qualified psychologists.

Repeals provisions relating to the current board of psychologist examiners.

Creates the state board of psychology fund in the state treasury to fund the direct and indirect costs of the board.

Defines the practice of psychology and establishes qualifications for licensure as a licensed psychologist.

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 43.7

Psychology

12­43.7­101.  Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PSYCHOLOGY PRACTICE ACT".

12­43.7­102.  Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT PSYCHOLOGY 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 PSYCHOLOGY, IT IS NECESSARY THAT A PROPER REGULATORY AUTHORITY BE ESTABLISHED.

12­43.7­103.  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 GRADUATE COURSE OF STUDY IN PSYCHOLOGY AND HAVING PROGRAMS APPROVED BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION OR THAT IS A SUBSTANTIALLY EQUIVALENT PROGRAM APPROVED BY THE BOARD.

(2)  "BOARD" MEANS THE STATE BOARD OF PSYCHOLOGY CREATED IN SECTION 12­43.7­104.

(3)  "BOARD CERTIFICATE" MEANS A CERTIFICATE OF APPOINTMENT BY AN INDIVIDUAL TO THE BOARD.

(4)  "LICENSE" MEANS A CERTIFICATE OF LICENSURE AS A LICENSED PSYCHOLOGIST.

(5)  "LICENSE CERTIFICATE" MEANS A CERTIFICATE DOCUMENTING THE LICENSURE OF A PSYCHOLOGIST.

(6)  "LICENSED PSYCHOLOGIST" OR "LICENSEE" MEANS A PERSON LICENSED UNDER THE PROVISIONS OF THIS ARTICLE.

(7)  "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 PROVIDERS IN PSYCHOLOGY, OR IS ACCREDITED BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION OR CANADIAN PSYCHOLOGICAL ASSOCIATION.

12­43.7­104.  State board of psychology. (1)  THERE IS HEREBY CREATED A STATE BOARD OF PSYCHOLOGY EXAMINERS IN THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REGULATORY AGENCIES, CREATED IN SECTION 24­1­122 (1), C.R.S. THE BOARD SHALL CONSIST OF SEVEN 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 SEPTEMBER 1, 1997. TWO MEMBERS SHALL BE APPOINTED FOR TERMS OF ONE YEAR, THREE MEMBERS SHALL BE APPOINTED FOR TERMS OF TWO YEARS, AND TWO MEMBERS SHALL BE APPOINTED FOR TERMS OF THREE YEARS PURSUANT TO THE PROVISIONS OF SUBSECTIONS (2) AND (3) OF THIS SECTION.

(2) (a)  FOUR BOARD MEMBERS SHALL BE LICENSED PSYCHOLOGISTS ENGAGED PRIMARILY IN DIRECT PRACTICE.

(b)  THREE BOARD MEMBERS SHALL BE REPRESENTATIVES OF THE GENERAL PUBLIC. THESE INDIVIDUALS SHALL NEVER HAVE BEEN A PSYCHOLOGIST, AN APPLICANT OR FORMER APPLICANT FOR LICENSURE AS A PSYCHOLOGIST, A MEMBER OF ANOTHER MENTAL HEALTH PROFESSION, OR A MEMBER OF A HOUSEHOLD THAT INCLUDES A PSYCHOLOGIST OR A MEMBER OF ANOTHER MENTAL HEALTH PROFESSION OR OTHERWISE HAVE CONFLICTS OF INTEREST OR THE APPEARANCE OF SUCH CONFLICTS WITH HIS OR HER DUTIES AS A BOARD MEMBER.

(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 PSYCHOLOGIST MEMBER EXPIRES, THE GOVERNOR SHALL APPOINT, FOR A TERM OF THREE YEARS, A SUCCESSOR FROM A LIST OF NOMINEES SUBMITTED BY THE COLORADO PSYCHOLOGICAL ASSOCIATION. WHEN THE TERM OF EACH PUBLIC REPRESENTATIVE 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 IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.

(4)  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. 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)  EACH BOARD MEMBER SHALL RECEIVE A BOARD 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.

(6)  THE BOARD MAY APPOINT ADVISORY COMMITTEES TO ASSIST IT IN THE PERFORMANCE OF ITS DUTIES. EACH ADVISORY COMMITTEE SHALL CONSIST OF MEMBERS WITH EXPERTISE IN THE FIELD OF PSYCHOLOGY. 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.

12­43.7­105.  Board ­ duties ­ powers. (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 AS MAY BE NECESSARY TO CARRY OUT ITS POWERS AND DUTIES;

(b)  ADOPT AN EXAMINATION FOR LICENSURE OF QUALIFIED PSYCHOLOGISTS;

(c)  CONDUCT THE EXAMINATION FOR, DENY, WITHHOLD, OR APPROVE THE LICENSE OF AN APPLICANT AND RENEW LICENSES 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 12­43.7­109.

(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 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 SEPTEMBER 1, 1997, AND AT LEAST SEMIANNUALLY THEREAFTER, HOLD A MEETING. THE BOARD SHALL ELECT ANNUALLY FROM ITS MEMBERSHIP A CHAIR, A VICE­CHAIR, AND A SECRETARY. MEETINGS MAY BE CALLED BY THE CHAIR UPON THE WRITTEN REQUEST OF FOUR MEMBERS OF THE BOARD OR BY THE GOVERNOR. THE BOARD SHALL MEET AS OFTEN AS NECESSARY AND FOUR MEMBERS SHALL CONSTITUTE A QUORUM.

(11)  THE BOARD SHALL HAVE THE POWER AND IS HEREBY AUTHORIZED TO EMPLOY SUCH PERSONNEL AS NECESSARY INCLUDING, BUT NOT LIMITED TO, ATTORNEYS, INVESTIGATORS, HEARING OFFICERS, ADMINISTRATIVE LAW JUDGES, EXAMINERS, COURT REPORTERS, PRACTICE MONITORS, SUPERVISORS, EXPERT WITNESSES, AND OTHER SUPPORT PERSONNEL. ALL SUCH STAFF MEMBERS SHALL BE EMPLOYEES OF THE STATE OF COLORADO WITH ALL RIGHTS AND PRIVILEGES ATTENDANT THERETO. ADMINISTRATIVE LAW JUDGES SHALL BE APPOINTED PURSUANT TO PART 10 OF ARTICLE 30 OF TITLE 24, C.R.S.

(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 SUCH PROCEEDINGS.

(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, HEARING OFFICER, 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 A 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 THAT IT REASONABLY BELIEVES INVOLVES A CRIMINAL VIOLATION.

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

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

(17)  IN ANY DISCIPLINARY MATTER, THE BOARD MAY REQUEST THAT ANY OTHER REGULATORY BOARD OR INDIVIDUAL BOARD MEMBER ADVISE THE BOARD, OR A HEARING OFFICER OR AN ADMINISTRATIVE LAW JUDGE APPOINTED BY THE BOARD. IN ADDITION, THE BOARD MAY REQUEST THE ASSISTANCE OF A LICENSED PSYCHOLOGIST WHEN A DISCIPLINARY MATTER RELATES TO A PRACTITIONER WITHIN THE SAME AREA OF PRACTICE.

(18)  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.

12­43.7­106.  Limitation on authority. THE AUTHORITY GRANTED THE BOARD UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CONSTRUED TO AUTHORIZE THE BOARD TO ARBITRATE OR ADJUDICATE FEE DISPUTES BETWEEN LICENSEES OR BETWEEN A LICENSEE AND ANY OTHER PARTY.

12­43.7­107.  Funding ­ board of psychology fund created. (1)  THE BOARD SHALL BE SUPPORTED BY THE REVENUES GENERATED FROM ITS ACTIVITIES INCLUDING FEES, CHARGES, AND REIMBURSED COSTS.

(2)  THE BOARD SHALL, FROM TIME TO TIME, ESTABLISH REASONABLE FEES FOR APPLICATIONS, EXAMINATIONS, THE ISSUANCE AND RENEWAL OF LICENSES, AND ITS OTHER SERVICES. FEES SHALL BE SET SO AS TO DEFRAY THE COST OF ADMINISTERING THE PROVISIONS OF THIS ARTICLE, INCLUDING ENFORCEMENT, AND THE COST OF OPERATING THE BOARD.

(3)  ALL DIRECT AND INDIRECT EXPENDITURES OF THE BOARD SHALL BE PAID FROM THE STATE BOARD OF PSYCHOLOGY FUND, WHICH FUND IS HEREBY CREATED. ALL FEES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE TRANSMITTED TO THE STATE TREASURER WHO SHALL CREDIT THE SAME TO THE STATE BOARD OF PSYCHOLOGY FUND. ALL FEES COLLECTED DURING THE CALENDAR YEAR 1997 BY THE DEPARTMENT OF REGULATORY AGENCIES FOR ANY ACTION RELATED TO PSYCHOLOGISTS INCLUDING, BUT NOT LIMITED TO, THE RENEWAL OF LICENSES OF PSYCHOLOGISTS SHALL BE TRANSMITTED TO THE STATE BOARD OF PSYCHOLOGY FUND.

(4)  ALL MONEYS DEPOSITED IN THE STATE BOARD OF PSYCHOLOGY FUND AND ALL INTEREST EARNED ON MONEYS IN THE FUND SHALL REMAIN IN THE FUND FOR THE PURPOSES SET FORTH IN THIS ARTICLE, AND NO PART THEREOF SHALL BE EXPENDED OR APPROPRIATED FOR ANY OTHER PURPOSE.

(5)  THE MONEYS IN THE STATE BOARD OF PSYCHOLOGY FUND SHALL BE CONTINUOUSLY APPROPRIATED FOR THE PURPOSES OF THIS ARTICLE AND SHALL NOT BE TRANSFERRED TO OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR.

12­43.7­108.  Practice of psychology defined. (1)  FOR THE PURPOSES OF THIS ARTICLE, THE PRACTICE OF PSYCHOLOGY IS DEFINED AS THE OBSERVATION, DESCRIPTION, EVALUATION, INTERPRETATION, OR MODIFICATION OF HUMAN BEHAVIOR BY THE APPLICATION OF PSYCHOLOGICAL, BEHAVIORAL, AND PHYSICAL PRINCIPLES, METHODS, OR PROCEDURES, FOR THE PURPOSE OF PREVENTING OR ELIMINATING SYMPTOMATIC, MALADAPTIVE, OR UNDESIRED BEHAVIOR AND OF ENHANCING INTERPERSONAL RELATIONSHIPS, WORK AND LIFE ADJUSTMENT, PERSONAL EFFECTIVENESS, BEHAVIORAL HEALTH, AND MENTAL HEALTH.

(2)  THE PRACTICE OF PSYCHOLOGY INCLUDES, BUT IS NOT LIMITED TO:

(a)  PSYCHOLOGICAL TESTING AND THE EVALUATION OR ASSESSMENT OF PERSONAL CHARACTERISTICS SUCH AS INTELLIGENCE, PERSONALITY, ABILITIES, INTERESTS, AND APTITUDES;

(b)  NEUROPSYCHOLOGICAL TESTS, ASSESSMENTS, AND DIAGNOSIS AND TREATMENT OF NEUROPSYCHOLOGICAL AND BRAIN DISORDERS;

(c)  COUNSELING PSYCHOLOGY, WHICH IS THE SCIENCE OF PSYCHOLOGY INVOLVING THE KIND OF TRAINING RECEIVED BY CLINICAL PSYCHOLOGISTS WITH LESS EMPHASIS ON RESEARCH AND SERIOUS PSYCHOPATHOLOGY AND GREATER EMPHASIS ON NONPATHOLOGICAL DIFFICULTIES;

(d)  PSYCHOTHERAPY, WHICH MAY INCLUDE PSYCHOANALYTIC, EXISTENTIAL, COGNITIVE, AND BEHAVIORAL THERAPIES, HYPNOSIS, AND BIOFEEDBACK;

(e)  CLINICAL PSYCHOLOGY, WHICH IS THE SCIENCE OF DIAGNOSIS AND TREATMENT OF MENTAL, NEUROLOGICAL, PSYCHOPHYSIOLOGICAL, AND EMOTIONAL DISORDER OR DISABILITY, ALCOHOLISM AND SUBSTANCE ABUSE, AND DISORDERS OF HABIT OR CONDUCT;

(f)  REHABILITATION PSYCHOLOGY, WHICH IS THE SCIENCE OF PSYCHOLOGY DEALING WITH THE PSYCHOLOGICAL ASPECTS OF PHYSICAL ILLNESS, ACCIDENT, INJURY, OR DISABILITY AND REHABILITATION THEREFROM;

(g)  HEALTH PSYCHOLOGY, WHICH IS THE SCIENCE OF PSYCHOLOGY DEALING WITH THE ROLE OF PSYCHOLOGICAL FACTORS IN HEALTH AND ILLNESS;

(h)  FORENSIC PSYCHOLOGY, WHICH IS THE SCIENCE OF PSYCHOLOGY THAT DEALS WITH THE RELATION OF AND APPLICATION OF PSYCHOLOGICAL RESEARCH AND KNOWLEDGE TO LEGAL ISSUES, INCLUDING, BUT NOT LIMITED TO, ASSESSMENTS OF COMPETENCY IN CIVIL OR CRIMINAL MATTERS, LEGAL QUESTIONS OF SANITY, OR CIVIL COMMITMENT PROCEEDINGS;

(i)  ORGANIZATIONAL PSYCHOLOGY, WHICH IS THE SCIENCE OF ASSESSMENT AND INTERVENTION BY AN EMPLOYEE WITHIN HIS OR HER ORGANIZATION OR BY A CONSULTANT RETAINED BY SUCH ORGANIZATION;

(j)  COMMUNITY PSYCHOLOGY, WHICH IS THE SCIENCE OF PSYCHOLOGY EMPHASIZING PREVENTION AND EARLY DISCOVERY OF POTENTIAL DIFFICULTIES RATHER THAN AWAITING INITIATION OF THERAPY BY AFFECTED INDIVIDUALS OR GROUPS, AND WHICH IS GENERALLY PRACTICED OUTSIDE OF AN OFFICE SETTING;

(k)  SPORTS PSYCHOLOGY, WHICH IS THE SCIENCE OF PSYCHOLOGY DEALING WITH ENHANCEMENT OF ATHLETIC PERFORMANCE UTILIZING PRINCIPLES OF PSYCHOLOGICAL RESEARCH, ASSESSMENT, AND KNOWLEDGE;

(l)  PSYCHO­EDUCATIONAL EVALUATION, THERAPY, REMEDIATION, AND CONSULTATION; AND

(m)  RESEARCH PSYCHOLOGY, WHICH IS THE APPLICATION OF RESEARCH METHODOLOGIES, STATISTICS, AND EXPERIMENTAL DESIGN TO PSYCHOLOGICAL DATA.

(3)  PSYCHOLOGICAL SERVICES MAY BE RENDERED TO INDIVIDUALS, FAMILIES, GROUPS, ORGANIZATIONS, INSTITUTIONS, THE PUBLIC, AND THE COURTS.

(4)  THE PRACTICE OF PSYCHOLOGY SHALL BE CONSTRUED WITHIN THE MEANING OF SUBSECTION (2) OF THIS SECTION WITHOUT REGARD TO WHETHER PAYMENT IS RECEIVED FOR SERVICES RENDERED.

12­43.7­109.  Qualifications ­ examinations ­ licensure. (1)  THE BOARD SHALL ISSUE A LICENSE AS A PSYCHOLOGIST, AND ISSUE AN APPROPRIATE LICENSE CERTIFICATE, TO EACH APPLICANT WHO FILES AN APPLICATION UPON A FORM AND IN SUCH MANNER AS THE BOARD PRESCRIBES, ACCOMPANIED BY SUCH FEE AS IS REQUIRED BY THE BOARD, AND WHO FURNISHES EVIDENCE SATISFACTORY TO THE BOARD THAT HE OR SHE:

(a)  IS AT LEAST TWENTY­ONE YEARS OF AGE;

(b)  IS NOT IN VIOLATION OF ANY OF THE PROVISIONS OF THIS ARTICLE AND THE RULES ADOPTED UNDER THIS ARTICLE;

(c)  HOLDS A DOCTORATE DEGREE WITH A MAJOR IN PSYCHOLOGY, OR THE EQUIVALENT TO SUCH MAJOR AS DETERMINED BY THE BOARD, FROM AN APPROVED SCHOOL AS DEFINED BY SECTION 12­43.7­103 (1);

(d)  HAS HAD AT LEAST ONE YEAR OF POSTDOCTORAL EXPERIENCE PRACTICING PSYCHOLOGY UNDER SUPERVISION APPROVED BY THE BOARD; AND

(e)  HAS DEMONSTRATED PROFESSIONAL COMPETENCE BY PASSING AN EXAMINATION IN PSYCHOLOGY PRESCRIBED BY THE BOARD.

(2)  UPON INVESTIGATION OF THE APPLICATION AND OTHER EVIDENCE SUBMITTED PURSUANT TO PARAGRAPHS (a) TO (d) OF SUBSECTION (1) OF THIS SECTION, THE BOARD, NOT LESS THAN THIRTY DAYS PRIOR TO THE EXAMINATION, SHALL NOTIFY EACH APPLICANT THAT SUCH APPLICATION AND EVIDENCE ARE SATISFACTORY AND ACCEPTED OR UNSATISFACTORY AND REJECTED. IF THE APPLICATION IS REJECTED, SAID NOTICE SHALL STATE THE REASONS FOR SUCH REJECTION.

(3)  THE PLACE OF EXAMINATION SHALL BE DESIGNATED IN ADVANCE BY THE BOARD, AND SUCH EXAMINATION SHALL BE GIVEN NOT LESS THAN TWICE A YEAR AT SUCH TIME AND PLACE AND UNDER SUCH SUPERVISION AS THE BOARD MAY DETERMINE, IF THERE ARE APPLICANTS DESIRING TO BE EXAMINED, AND SHALL BE GIVEN AT SUCH OTHER TIMES AS, IN THE OPINION OF THE BOARD, THE NUMBER OF APPLICATIONS WARRANTS.

(4)  THE EXAMINATION SHALL TEST FOR KNOWLEDGE OF THE FOLLOWING THREE AREAS:

(a)  GENERAL PSYCHOLOGY;

(b)  CLINICAL AND COUNSELING PSYCHOLOGY; AND

(c)  APPLICATION OF THE PRACTICE OF CLINICAL AND COUNSELING PSYCHOLOGY, INCLUDING KNOWLEDGE OF APPROPRIATE STATUTES AND PROFESSIONAL ETHICS.

(5)  THE BOARD OR ITS DESIGNATED REPRESENTATIVES SHALL ADMINISTER AND SCORE THE EXAMINATION. THE BOARD SHALL TAKE ANY ACTIONS NECESSARY TO ENSURE IMPARTIALITY. THE PASSING SCORE IN EACH PART OF THE EXAMINATION SHALL BE DETERMINED BY THE BOARD BASED UPON A LEVEL OF MINIMUM COMPETENCY TO ENGAGE IN THE PRACTICE OF PSYCHOLOGY.

(6)  IN THE EVENT THAT AN APPLICANT FAILS TO RECEIVE A PASSING SCORE ON ANY PART OF THE EXAMINATION, SUCH APPLICANT MAY APPLY FOR REEXAMINATION ON THOSE PARTS OF THE EXAMINATION HE OR SHE DID NOT PASS AND SHALL BE ALLOWED TO TAKE A SUBSEQUENT EXAMINATION ON SUCH PARTS UPON PAYMENT OF A FEE AS SET BY THE BOARD.

12­43.7­110.  Prohibited activities ­ related provisions. (1)  A PERSON LICENSED UNDER THIS ARTICLE IS IN VIOLATION OF THIS ARTICLE 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. 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 18­13­119, C.R.S.; OR

(II)  HAS ADVERTISED THROUGH NEWSPAPERS, MAGAZINES, CIRCULARS, DIRECT MAIL, DIRECTORIES, RADIO, TELEVISION, OR OTHERWISE THAT THE LICENSEE WILL PERFORM ANY ACT PROHIBITED BY SECTION 18­13­119, 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);

(f)  HAS A PHYSICAL OR MENTAL DISABILITY WHICH RENDERS THE LICENSEE UNABLE TO TREAT WITH REASONABLE SKILL AND SAFETY THE LICENSEE'S CLIENTS OR WHICH MAY ENDANGER THE HEALTH OR SAFETY OF PERSONS UNDER THE LICENSEE'S CARE;

(g)  HAS ACTED OR FAILED TO ACT IN A MANNER WHICH DOES NOT MEET THE GENERALLY ACCEPTED STANDARDS OF THE LICENSEE'S PRACTICE. 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;

(h)  HAS PERFORMED SERVICES OUTSIDE OF THE LICENSEE'S AREA OF TRAINING, EXPERIENCE, OR COMPETENCE;

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

(j)  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 LICENSEE OR A THIRD PARTY;

(k)  HAS FAILED TO REFER A CLIENT TO AN APPROPRIATE PRACTITIONER WHEN THE PROBLEM OF THE CLIENT IS BEYOND THE LICENSEE'S TRAINING, EXPERIENCE, OR COMPETENCE;

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

(m)  HAS FAILED TO RENDER ADEQUATE PROFESSIONAL SUPERVISION OF PERSONS PRACTICING PSYCHOLOGY UNDER THE LICENSEE'S SUPERVISION ACCORDING TO GENERALLY ACCEPTED STANDARDS OF PRACTICE;

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

(o)  HAS FAILED TO COMPLY WITH ANY OF THE REQUIREMENTS PERTAINING TO MANDATORY DISCLOSURE OF INFORMATION TO CLIENTS PURSUANT TO SECTION 12­43­214;

(p)  HAS OFFERED OR GIVEN COMMISSIONS, REBATES, OR OTHER FORMS OF REMUNERATION FOR THE REFERRAL OF CLIENTS. NOTWITHSTANDING THIS PARAGRAPH (p), A LICENSEE MAY PAY AN INDEPENDENT ADVERTISING OR MARKETING AGENT COMPENSATION FOR ADVERTISING OR MARKETING SERVICES RENDERED ON THE LICENSEE'S BEHALF BY SUCH AGENT, INCLUDING COMPENSATION WHICH IS PAID FOR THE RESULTS OF PERFORMANCE OF SUCH SERVICES ON A PER­PATIENT BASIS;

(q)  HAS ENGAGED IN SEXUAL CONTACT, SEXUAL INTRUSION, OR SEXUAL PENETRATION, AS DEFINED IN SECTION 18­3­401, C.R.S., WITH A CLIENT DURING THE PERIOD OF TIME IN WHICH A THERAPEUTIC RELATIONSHIP EXISTS OR FOR UP TO SIX MONTHS AFTER THE PERIOD IN WHICH SUCH A RELATIONSHIP EXISTS;

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

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

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

(2)  A DISCIPLINARY ACTION RELATING TO A LICENSE TO PRACTICE A PROFESSION LICENSED UNDER THIS ARTICLE OR ANY RELATED OCCUPATION 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, 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 FORTH AS GROUNDS FOR DISCIPLINARY ACTION PURSUANT TO SUBSECTION (1) OF THIS SECTION.

12­43.7­111.  Disciplinary authority of board. (1)  IF A LICENSEE HAS VIOLATED ANY OF THE PROVISIONS OF SECTION 12­43.7­110, THE BOARD MAY DENY, REVOKE, OR SUSPEND ANY LICENSE, ISSUE A LETTER OF ADMONITION TO A LICENSEE, PLACE A LICENSEE ON PROBATION, ISSUE A CEASE AND DESIST ORDER, OR APPLY FOR AN INJUNCTION PURSUANT TO SUBSECTION (5) OF THIS SECTION TO ENJOIN A LICENSEE FROM PRACTICING THE PROFESSION FOR WHICH SUCH LICENSEE IS LICENSED UNDER THIS ARTICLE.

(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 A LICENSEE IS ACTING OR HAS ACTED IN VIOLATION OF SECTION 12­43.7­110 AND THE BOARD DETERMINES THAT ANY SUCH VIOLATION CREATES AN EMERGENCY CONDITION THAT MAY AFFECT 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 FACT ALLEGED TO HAVE CONSTITUTED THE VIOLATION, AND THE REQUIREMENT THAT ALL UNLAWFUL ACTS CEASE IMMEDIATELY. THE PERSON SO ORDERED MAY REQUEST A HEARING ON THE QUESTION OF WHETHER ANY VIOLATION OCCURRED IF SUCH REQUEST IS MADE WITHIN THIRTY DAYS AFTER THE DATE OF SERVICE OF THE ORDER TO CEASE AND DESIST. UPON REQUEST, ANY PERSON ORDERED TO CEASE AND DESIST UNLAWFUL ACTS AS AUTHORIZED IN THIS SUBSECTION (2) 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.

(b)  IN THE EVENT THAT ANY PERSON FAILS TO COMPLY WITH A CEASE AND DESIST ORDER, THE BOARD MAY REQUEST THE ATTORNEY GENERAL OR 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.

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

(3) (a)  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 12­43.7­110.

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

(II)  THE BOARD MAY ELECT TO REFER A CASE FOR FORMAL HEARING TO ONE OF ITS ADMINISTRATIVE LAW JUDGES WITH OR WITHOUT AN ASSIGNED ADVISOR FROM THE BOARD. IF THE BOARD ELECTS TO REFER A CASE WITH AN ASSIGNED ADVISOR AND SUCH ADVISOR IS A MEMBER OF THE BOARD, SUCH ADVISOR 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 AS PROVIDED IN SECTION 12­43.7­118 SHALL BE DENIED, REVOKED, OR SUSPENDED BY THE BOARD, NOR SHALL A LICENSEE BE PLACED ON PROBATION PURSUANT TO THE GROUNDS ESTABLISHED IN SECTION 12­43.7­110 UNTIL AFTER A HEARING HAS BEEN CONDUCTED, IF SO REQUIRED PURSUANT TO SECTION 24­4­105, C.R.S., EXCEPT AS PROVIDED FOR IN EMERGENCY SITUATIONS BY PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION, OR EXCEPT IN THE EVENT THAT A LICENSEE HAS BEEN ADJUDICATED AS MENTALLY ILL, GRAVELY DISABLED, MENTALLY RETARDED, MENTALLY INCOMPETENT, OR INSANE BY A COURT OF COMPETENT JURISDICTION, OR EXCEPT IN THE EVENT THAT A LICENSEE VIOLATES SUBPARAGRAPH (I) OF PARAGRAPH (d) OF THIS SUBSECTION (3), IN WHICH CASE THE BOARD MAY SUMMARILY SUSPEND HIS OR HER LICENSE SUBJECT TO THE LIMITATION OF SECTION 24­4­104, C.R.S.

(d) (I)  IF THE BOARD HAS REASONABLE CAUSE TO BELIEVE THAT A LICENSEE IS UNABLE TO PRACTICE WITH REASONABLE SKILL AND SAFETY TO PATIENTS, IT MAY REQUIRE SUCH LICENSEE TO SUBMIT TO MENTAL OR PHYSICAL EXAMINATIONS DESIGNATED BY THE BOARD. UPON FAILURE OF SUCH LICENSEE TO SUBMIT TO SUCH MENTAL OR PHYSICAL EXAMINATIONS, UNLESS HE OR SHE SHOWS GOOD CAUSE FOR SUCH FAILURE, THE BOARD MAY ACT PURSUANT TO THIS SUBSECTION (3) OR ENJOIN A LICENSEE PURSUANT TO SUBSECTION (5) OF THIS SECTION UNTIL SUCH TIME AS HE OR SHE SUBMITS TO THE REQUIRED EXAMINATION.

(II)  EVERY LICENSEE SHALL BE DEEMED TO HAVE GIVEN HIS OR HER CONSENT TO SUBMIT TO MENTAL OR PHYSICAL EXAMINATIONS WHEN DIRECTED IN WRITING BY THE BOARD AND TO HAVE WAIVED ALL OBJECTIONS TO THE ADMISSIBILITY OF THE EXAMINER'S TESTIMONY OR EXAMINATION REPORTS ON THE GROUND OF PRIVILEGED COMMUNICATION.

(III)  THE RESULTS OF ANY MENTAL OR PHYSICAL EXAMINATION ORDERED BY THE BOARD MAY BE USED AS EVIDENCE IN ANY PROCEEDING INITIATED BY THE BOARD OR WITHIN THE BOARD'S JURISDICTION IN ANY FORUM.

(4)  DISCIPLINARY ACTIONS MAY CONSIST OF THE FOLLOWING:

(a)  Revocation of a license. (I)  REVOCATION OF A LICENSE BY THE BOARD SHALL MEAN THAT THE LICENSEE SHALL SURRENDER HIS OR HER LICENSE TO THE BOARD WITHIN A PERIOD OF THIRTY DAYS. FAILURE TO DO SO WILL RENDER THE LICENSEE LIABLE TO PROSECUTION BY THE DISTRICT ATTORNEY.

(II)  ANY PERSON WHOSE LICENSE TO PRACTICE IS REVOKED IS RENDERED INELIGIBLE TO APPLY FOR ANY LICENSE ISSUED UNDER ARTICLE 43 OF THIS TITLE OR THIS ARTICLE UNTIL MORE THAN THREE YEARS HAVE ELAPSED FROM THE DATE OF SURRENDER OF THE LICENSE. ANY REAPPLICATION AFTER SUCH THREE­YEAR PERIOD SHALL BE TREATED AS A NEW APPLICATION.

(b)  Suspension of a license. SUSPENSION OF A LICENSE BY THE BOARD SHALL BE FOR A PERIOD TO BE DETERMINED BY THE BOARD.

(c)  Probationary status. 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:

(I)  SUBMISSION BY THE LICENSEE TO SUCH EXAMINATIONS AS THE BOARD MAY ORDER TO DETERMINE THE LICENSEE'S PHYSICAL OR MENTAL CONDITION OR THE LICENSEE'S PROFESSIONAL QUALIFICATIONS;

(II)  THE TAKING BY THE LICENSEE OF SUCH THERAPY OR COURSES OF TRAINING OR EDUCATION AS MAY BE NEEDED TO CORRECT DEFICIENCIES FOUND EITHER IN THE HEARING OR BY SUCH EXAMINATIONS;

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

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

(d)  Issuance of letters of admonition. LETTERS OF ADMONITION 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.

(5)  Injunctive proceedings. (a)  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:

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

(II)  TO ENJOIN A LICENSEE FROM PRACTICING THE PROFESSION FOR WHICH HE OR SHE IS LICENSED UNDER THIS ARTICLE.

(b)  IF IT IS ESTABLISHED THAT ANY PERSON OR LICENSEE HAS BEEN OR IS COMMITTING ANY ACT PROHIBITED BY THIS ARTICLE, THE COURT SHALL ENTER A DECREE PERPETUALLY ENJOINING SUCH PERSON OR LICENSEE FROM FURTHER COMMITTING THE PROHIBITED ACT OR FROM PRACTICING PSYCHOLOGY.

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

(d)  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.

(6)  COMPLAINTS, INVESTIGATIONS, HEARINGS, MEETINGS, OR ANY OTHER PROCEEDINGS OF THE BOARD CONDUCTED PURSUANT TO THIS ARTICLE AND RELATING TO THE DISCIPLINARY PROCEEDINGS SHALL BE EXEMPT FROM ANY PROVISIONS OF LAW REQUIRING THAT THE 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 A HEARING OFFICER OR ADMINISTRATIVE LAW JUDGE ACTING ON BEHALF OF THE BOARD, SPECIFICALLY DETERMINES THAT IT IS IN THE BEST INTEREST 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 VIOLATING SECTION 12­43.7­110 (1) (e), THE LICENSEE IS PARTICIPATING IN GOOD FAITH IN A PROGRAM APPROVED BY THE BOARD DESIGNED TO END SUCH ADDICTION OR DEPENDENCY AND THE LICENSEE HAS NOT VIOLATED ANY PROVISIONS OF THE BOARD'S ORDER REGARDING HIS OR HER PARTICIPATION IN SUCH A TREATMENT PROGRAM. IF THE BOARD DETERMINES THAT IT IS IN THE BEST INTEREST OF THE 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 SHALL BE OPEN TO THE PUBLIC WITHOUT DISCLOSING THE NAME OF THE CLIENT OR OTHER RECIPIENT.

(7)  FINAL BOARD ACTIONS AND ORDERS APPROPRIATE FOR JUDICIAL REVIEW MAY BE JUDICIALLY REVIEWED IN THE COURT OF APPEALS, AND THE JUDICIAL PROCEEDINGS FOR THE ENFORCEMENT OF A BOARD ORDER MAY BE INSTITUTED IN ACCORDANCE WITH SECTION 24­4­106 (1), C.R.S.

(8)  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.

(9)  ANY BOARD MEMBER HAVING AN IMMEDIATE PERSONAL, PRIVATE, OR FINANCIAL INTEREST IN ANY MATTER PENDING BEFORE THE BOARD SHALL DISCLOSE SUCH FACT TO THE BOARD AND SHALL NOT VOTE UPON THE MATTER.

(10)  ANY LICENSEE AGAINST WHOM A MALPRACTICE CLAIM IS SETTLED OR A JUDGMENT RENDERED IN A COURT OF COMPETENT JURISDICTION SHALL NOTIFY THE BOARD OF SUCH JUDGMENT OR SETTLEMENT WITHIN SIXTY DAYS AFTER DISPOSITION.

(11)  ANY LICENSEE HAVING DIRECT KNOWLEDGE THAT AN INDIVIDUAL LICENSED UNDER THIS ARTICLE OR ARTICLE 43 OF THIS TITLE OR AN UNLICENSED INDIVIDUAL WHO IS REQUIRED TO BE LICENSED BY THIS ARTICLE OR ARTICLE 43 OF THIS TITLE HAS VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE OR ARTICLE 43 OF THIS TITLE, HAS A DUTY TO REPORT SUCH KNOWLEDGE TO THE LICENSING BOARD RESPONSIBLE FOR THAT PROFESSION, UNLESS SUCH REPORT WOULD VIOLATE THE PROHIBITION AGAINST DISCLOSURE OF CONFIDENTIAL INFORMATION WITHOUT CLIENT CONSENT PURSUANT TO SECTION 12­43.7­123.

12­43.7­112.  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 12­43.7­111, MAY RECONSIDER ITS PRIOR ACTION AND REINSTATE OR RESTORE A LICENSE 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.

12­43.7­113.  Unlawful acts. (1)  IT IS UNLAWFUL FOR ANY PERSON TO:

(a)  VIOLATE THE PROVISIONS OF SECTION 12­43.7­110, 12­43.7­118, OR 12­43.7­119;

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

(c)  SELL OR FRAUDULENTLY OBTAIN OR FURNISH A LICENSE TO PRACTICE AS A PSYCHOLOGIST 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 PSYCHOLOGY OR FOR THE RECOVERY OF COMPENSATION FOR SERVICES RENDERED UNDER SUCH A CONTRACT.

12­43.7­114.  Licensure by reciprocity. THE BOARD MAY ISSUE A LICENSE TO ENGAGE IN THE PRACTICE OF PSYCHOLOGY TO ANY APPLICANT WHO HAS A LICENSE IN GOOD STANDING AS A PSYCHOLOGIST UNDER THE LAWS OF ANOTHER JURISDICTION IF THE APPLICANT PRESENTS PROOF SATISFACTORY TO THE BOARD THAT, AT THE TIME OF APPLICATION FOR A COLORADO LICENSE, THE APPLICANT POSSESSES CREDENTIALS AND QUALIFICATIONS WHICH ARE SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS OF SECTION 12­43.7­109. THE BOARD SHALL PROMULGATE RULES SETTING FORTH THE MANNER IN WHICH CREDENTIALS AND QUALIFICATIONS OF AN APPLICANT WILL BE REVIEWED BY THE BOARD.

12­43.7­115.  Certificate ­ filing. THE BOARD SHALL ISSUE A CERTIFICATE SIGNED BY THE CHAIRPERSON AND THE VICE­CHAIRPERSON OF THE BOARD WHENEVER AN APPLICANT SUCCESSFULLY QUALIFIES THEREFOR AS PROVIDED IN THIS ARTICLE.

12­43.7­116.  Renewal of license. (1)  EACH LICENSE ISSUED UNDER THIS ARTICLE SHALL BE RENEWED ANNUALLY. ON OR BEFORE JULY 1 OF EACH YEAR, THE BOARD SHALL MAIL AN APPLICATION FOR RENEWAL TO EACH PERSON HOLDING A LICENSE. 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 THE RENEWAL FEE AS ESTABLISHED BY THE BOARD BEFORE AUGUST 31 OF THAT YEAR. UPON RECEIPT OF ANY APPLICATION FEE, THE BOARD SHALL VERIFY THE ACCURACY OF SUCH APPLICATION AND ISSUE TO THE APPLICANT A NOTICE OF RENEWAL FOR THE YEAR BEGINNING SEPTEMBER 1 AND EXPIRING AUGUST 31.

(2)  IF ANY PERSON FAILS TO RENEW HIS OR HER LICENSE BY AUGUST 31, SUCH LICENSE SHALL LAPSE. RENEWAL OF A LICENSE 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 THE BOARD. RENEWAL OF A LICENSE 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 SIX­MONTH RENEWAL FEE. IF A LICENSE IS ALLOWED TO REMAIN LAPSED FOR ONE YEAR OR LONGER, THE APPLICANT FOR LICENSURE WILL BE REQUIRED TO TAKE AN EXAMINATION.

12­43.7­117.  Denial of license ­ renewal. (1)  THE BOARD MAY DETERMINE WHETHER AN APPLICANT FOR LICENSURE POSSESSES THE QUALIFICATIONS FOR LICENSURE REQUIRED BY THIS ARTICLE.

(2)  IF THE BOARD DETERMINES THAT AN APPLICANT DOES NOT POSSESS THE APPLICABLE QUALIFICATIONS REQUIRED BY THIS ARTICLE OR IS UNABLE TO DEMONSTRATE HIS OR HER CONTINUED PROFESSIONAL COMPETENCE, THE BOARD MAY DENY THE APPLICANT A LICENSE, DENY THE RENEWAL OF A LICENSE, OR DENY THE REINSTATEMENT OF A LICENSE.

(3)  IF THE BOARD HAS ANY REASON TO BELIEVE OR RECEIVES ANY INFORMATION THAT AN APPLICANT, RENEWAL APPLICANT, OR REINSTATEMENT APPLICANT HAS DONE ANY OF THE ACTS SET FORTH IN SECTION 12­43.7­110 AS GROUNDS FOR DISCIPLINE, THE BOARD MAY DENY THE APPLICANT A LICENSE, DENY THE RENEWAL OF A LICENSE, OR DENY THE REINSTATEMENT OF A LICENSE.

(4)  IF THE BOARD DENIES THE APPLICANT A LICENSE OR DENIES THE RENEWAL OR REINSTATEMENT OF A LICENSE UNDER THIS SECTION, THE BOARD SHALL PROVIDE SUCH APPLICANT WITH A STATEMENT IN WRITING SETTING FORTH THE BASIS OF THE BOARD'S DETERMINATION THAT THE APPLICANT DOES NOT POSSESS THE QUALIFICATIONS OR PROFESSIONAL COMPETENCE REQUIRED BY THIS ARTICLE. SUCH APPLICANT MAY REQUEST A HEARING ON SUCH DETERMINATION AS PROVIDED IN SECTION 24­4­104 (9), C.R.S.

(5)  THE BOARD, ON ITS OWN MOTION OR UPON APPLICATION, AT ANY TIME AFTER THE REFUSAL TO GRANT A LICENSE OR TO GRANT RENEWAL OR REINSTATEMENT OF A LICENSE, MAY RECONSIDER ITS PRIOR ACTION AND GRANT SUCH LICENSE. THE TAKING OF ANY SUCH FURTHER ACTION SHALL REST IN THE SOLE DISCRETION OF THE BOARD.

12­43.7­118.  Rights and privileges of licensure. ANY PERSON WHO POSSESSES A VALID, UNSUSPENDED, AND UNREVOKED LICENSE AS A LICENSED PSYCHOLOGIST HAS THE RIGHT TO ENGAGE IN THE PRIVATE, INDEPENDENT PRACTICE OF PSYCHOLOGY AND HAS THE RIGHT TO PRACTICE AND SUPERVISE PSYCHOLOGY PRACTICE AND USE THE TITLE "PSYCHOLOGIST" AND THE TERMS "PSYCHOLOGY" AND "PSYCHOLOGICAL". NO OTHER PERSON MAY ASSUME THESE TITLES OR USE THESE TERMS ON ANY WORK OR LETTER, SIGN, FIGURE, OR DEVICE TO INDICATE THAT THE PERSON USING THE SAME IS A LICENSED PSYCHOLOGIST.

12­43.7­119.  Mandatory disclosure of information to clients. (1)  EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, EVERY LICENSEE AND PERSON PRACTICING UNDER THE SUPERVISION OF A LICENSEE SHALL PROVIDE IN WRITING TO EACH CLIENT DURING THE INITIAL CLIENT CONTACT THE INFORMATION REQUIRED TO BE SUPPLIED BY OTHER MENTAL HEALTH PROFESSIONALS UNDER SECTION 12­43­214.

(2)  THE STATEMENT REQUIRED UNDER SECTION 12­43­214 (1) (d) (III) SHALL INDICATE THAT ANY SUCH REFERRAL OF INAPPROPRIATE SEXUAL INTIMACY BE MADE TO THE BOARD CREATED BY THIS ARTICLE.

12­43.7­120.  Scope of article. (1)  ANY PERSON ENGAGED IN THE PRACTICE OF RELIGIOUS MINISTRY SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE; EXCEPT THAT SUCH PERSON SHALL NOT HOLD HIMSELF OR HERSELF OUT TO THE PUBLIC BY ANY TITLE INCORPORATING THE TERMS "PSYCHOLOGIST", "PSYCHOLOGY", OR "PSYCHOLOGICAL" UNLESS THAT PERSON HAS BEEN LICENSED PURSUANT TO THIS ARTICLE.

(2)  THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO:

(a)  THE PRACTICE OF EMPLOYMENT OR REHABILITATION COUNSELING AS PERFORMED IN THE PRIVATE AND PUBLIC SECTORS; EXCEPT THAT THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO EMPLOYMENT OR REHABILITATION COUNSELORS PRACTICING PSYCHOLOGY;

(b)  EMPLOYEES OF THE DEPARTMENT OF HUMAN SERVICES, EMPLOYEES OF COUNTY DEPARTMENTS OF SOCIAL SERVICES, OR PERSONNEL UNDER THE DIRECT SUPERVISION AND CONTROL OF THE DEPARTMENT OF HUMAN SERVICES OR ANY COUNTY DEPARTMENT OF SOCIAL SERVICES FOR WORK UNDERTAKEN AS PART OF THEIR EMPLOYMENT;

(c)  PERSONS WHO ARE CERTIFIED PURSUANT TO SECTION 22­60­104 (1), C.R.S., AND WHO ARE NOT LICENSED UNDER THIS ARTICLE FOR WORK UNDERTAKEN AS PART OF THEIR EMPLOYMENT BY, OR CONTRACTUAL AGREEMENT WITH, THE PUBLIC SCHOOLS.

(3)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE APPLICABILITY OF THE PROVISIONS OF SECTION 18­3­405.5, C.R.S., WHICH SHALL APPLY TO ANY PERSON WHILE HE OR SHE IS PRACTICING PSYCHOLOGY AS DEFINED IN THIS ARTICLE.

(4)  THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO:

(a)  MEDIATORS RESOLVING JUDICIAL DISPUTES PURSUANT TO PART 3 OF ARTICLE 22 OF TITLE 13, C.R.S.;

(b)  CUSTODIAL EVALUATIONS UNDERTAKEN IN DOMESTIC RELATIONS CASES IN THE COURTS OF THIS STATE OR DOMESTIC AND CHILD ABUSE EVALUATIONS UNDERTAKEN FOR PURPOSES OF LEGAL PROCEEDINGS IN THE COURTS OF THIS STATE.

(5)  THE USE OF THE TITLE "PSYCHOLOGIST" MAY BE CONTINUED BY A NONLICENSED PERSON WHO, AS OF JULY 1, 1982, IS EMPLOYED BY A STATE, COUNTY, OR MUNICIPAL AGENCY OR BY OTHER POLITICAL SUBDIVISIONS OR ANY EDUCATIONAL INSTITUTION CHARTERED BY THE STATE, BUT ONLY SO LONG AS SUCH PERSON REMAINS IN THE EMPLOYMENT OF THE SAME INSTITUTION OR AGENCY AND ONLY IN THE COURSE OF CONDUCTING DUTIES FOR SUCH AGENCY OR INSTITUTION.

(6)  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT USE OF AN OFFICIAL TITLE ON THE PART OF ANY DOCTORAL LEVEL GRADUATE OF A RESEARCH PSYCHOLOGY PROGRAM OR AN INDUSTRIAL OR ORGANIZATIONAL PSYCHOLOGY PROGRAM FROM A REGIONALLY ACCREDITED UNIVERSITY WHILE ENGAGED IN THE CONDUCT OF PSYCHOLOGICAL RESEARCH OR THE PROVISION OF PSYCHOLOGICAL CONSULTATION TO ORGANIZATIONS OR INSTITUTIONS IF SUCH SERVICES DO NOT INCLUDE THE CLINICAL PRACTICE OF PSYCHOLOGY.

12­43.7­121.  Exemptions. (1)  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PREVENT THE TEACHING OF PSYCHOLOGY, OR THE CONDUCT OF PSYCHOLOGICAL RESEARCH, SO LONG AS SUCH TEACHING OR RESEARCH DOES NOT INVOLVE THE DELIVERY OR SUPERVISION OF DIRECT PSYCHOLOGICAL SERVICES TO INDIVIDUALS WHO ARE THEMSELVES, RATHER THAN A THIRD PARTY, THE INTENDED BENEFICIARIES OF SUCH SERVICES WITHOUT REGARD TO THE SOURCE OR EXTENT OF PAYMENT FOR SERVICES RENDERED. NOTHING IN THIS ARTICLE SHALL PREVENT THE PROVISION OF EXPERT TESTIMONY BY PSYCHOLOGISTS WHO ARE EXEMPTED BY THIS ARTICLE. PERSONS HOLDING AN EARNED DOCTORAL DEGREE IN PSYCHOLOGY FROM AN APPROVED SCHOOL MAY USE THE TITLE "PSYCHOLOGIST" IN CONJUNCTION WITH THE ACTIVITIES PERMITTED IN THIS SUBSECTION (1).

(2)  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PREVENT MEMBERS OF OTHER PROFESSIONS LICENSED UNDER THE LAWS OF THIS STATE FROM RENDERING SERVICES WITHIN THE SCOPE OF PRACTICE AS SET OUT IN THE STATUTES REGULATING THEIR PROFESSIONAL PRACTICES, SO LONG AS THEY DO NOT REPRESENT THEMSELVES TO BE PSYCHOLOGISTS OR THEIR SERVICES AS PSYCHOLOGICAL.

(3) (a)  A PERSON CERTIFIED AS A SCHOOL PSYCHOLOGIST BY THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION 22­60­104, C.R.S., MAY PROPERLY USE THE TITLE "CERTIFIED SCHOOL PSYCHOLOGIST" OR THE DESIGNATION "CSP" INSIDE THE SCHOOL SETTING WHILE EMPLOYED BY A SCHOOL AND OUTSIDE THE SCHOOL SETTING WHEN TREATING CLIENTS AS AUTHORIZED IN PARAGRAPH (b) OF THIS SUBSECTION (3) AND FOLLOWING THREE YEARS OF FULL­TIME PROFESSIONAL PRACTICE IN A SCHOOL ACCREDITED BY THE DEPARTMENT OF EDUCATION. A CERTIFIED SCHOOL PSYCHOLOGIST SHALL USE THE COMPLETE TITLE OR DESIGNATION AND MAY NOT REPRESENT OR REFER TO HIMSELF OR HERSELF AS A PSYCHOLOGIST UNLESS LICENSED PURSUANT TO THIS ARTICLE.

(b)  THE FOLLOWING ACTIVITIES BY A CERTIFIED SCHOOL PSYCHOLOGIST ARE AUTHORIZED OUTSIDE THE SCHOOL SETTING:

(I)  EVALUATION OR TEST INTERPRETATION OF INTELLECTUAL ABILITY, LEARNING PATTERNS, ACHIEVEMENT, MOTIVATION, OR PERSONALITY FACTORS DIRECTLY RELATED TO LEARNING PROBLEMS IN AN EDUCATIONAL SETTING;

(II)  PROFESSIONAL ADVISEMENT AND INTERPRETIVE SERVICES AND COUNSELING WITH CHILDREN OR ADULTS FOR AMELIORATION OR PREVENTION RELATIVE TO EDUCATIONALLY­RELATED PROGRAMS;

(III)  PSYCHO­EDUCATIONAL OR VOCATIONAL CONSULTATION OR DIRECT PSYCHO­EDUCATIONAL SERVICES TO SCHOOLS, AGENCIES, ORGANIZATIONS, OR INDIVIDUALS IF SAID CONSULTATION IS DIRECTLY RELATED TO LEARNING PROBLEMS;

(IV)  DEVELOPMENT OF EDUCATIONAL PROGRAMS SUCH AS DESIGNING MORE EFFICIENT AND PSYCHOLOGICALLY SOUND CLASSROOM SITUATIONS AND ACTING AS A CATALYST FOR TEACHER INVOLVEMENT IN ADAPTATIONS AND INNOVATIONS; AND

(V)  OTHER SUCH FUNCTIONS THAT A CERTIFIED SCHOOL PSYCHOLOGIST NORMALLY PERFORMS WITHIN THE SCHOOL SETTING.

12­43.7­122.  Complete regulatory structure. THIS ARTICLE COMPRISES THE COMPLETE REGULATORY STRUCTURE GOVERNING THE PRACTICE OF PSYCHOLOGY IN THE STATE OF COLORADO. NO OTHER PROVISION OF LAW SHALL GOVERN SUCH PRACTICE UNLESS EXPLICITLY INCORPORATED IN THIS REGULATORY STRUCTURE BY A PROVISION OF THIS ARTICLE. NO LICENSED PSYCHOLOGIST SHALL BE SUBJECT TO SUPERVISION, REGULATION, DISCIPLINE, OR OTHER OVERSIGHT BY ANY OTHER REGULATORY BOARD OF THE STATE OF COLORADO.

12­43.7­123.  Disclosure of confidential communications. (1)  EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, EVERY LICENSED PSYCHOLOGIST SHALL COMPLY WITH THE PROVISIONS OF SECTION 12­43­218 IN THE SAME MANNER IN WHICH SUCH PROVISIONS APPLY TO OTHER MENTAL HEALTH PROFESSIONALS IN THE STATE OF COLORADO.

(2)  THE REVIEW OF SERVICES COVERED BY SECTION 12­43­218 (2) (c) (I) SHALL REFER TO A REVIEW BY THE BOARD CREATED BY THIS ARTICLE OR A PERSON OR GROUP AUTHORIZED BY SUCH BOARD TO MAKE AN INVESTIGATION ON ITS BEHALF.

12­43.7­124.  Professional service corporations for the practice of psychology. LICENSEES SHALL HAVE THE RIGHTS AND PRIVILEGES TO FORM PROFESSIONAL SERVICE CORPORATIONS PURSUANT TO SECTION 12­43­211.

12­43.7­125.  Judicial review of final board actions and orders. FINAL ACTIONS AND ORDERS OF THE BOARD 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.

12­43.7­126.  Repeal of article. (1)  THIS ARTICLE IS REPEALED, EFFECTIVE JULY 1, 2010.

(2)  PRIOR TO SUCH REPEAL, THE BOARD SHALL BE REVIEWED AS PROVIDED IN SECTION 24­34­104, C.R.S.

SECTION 2.  24­1­122, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­1­122.  Department of regulatory agencies ­ creation. (1.3)  THE DEPARTMENT OF REGULATORY AGENCIES SHALL INCLUDE, AS PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR, THE STATE BOARD OF PSYCHOLOGY EXAMINERS CREATED BY ARTICLE 43.7 OF TITLE 12, C.R.S. SAID BOARD SHALL EXERCISE ITS POWERS AND PERFORM ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT AS IF THE SAME WERE TRANSFERRED BY A TYPE 1 TRANSFER.

SECTION 3.  24­34­104 (41), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH 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:

(f) THE STATE BOARD OF PSYCHOLOGY EXAMINERS CREATED BY ARTICLE 43.7 OF TITLE 12, C.R.S.

SECTION 4.  Repeal. Part 3 of article 43 of title 12, Colorado Revised Statutes, 1991 Repl. Vol., is repealed.

SECTION 5.  10­16­104 (5) (b) (I), Colorado Revised Statutes, 1994 Repl. Vol., is amended to read:

10­16­104.  Mandatory coverage provisions. (5)  Mental illness. Every group policy or contract providing hospitalization or medical benefits by an entity subject to the provisions of part 2 or 3 of this article shall provide benefits for conditions arising from mental illness at least equal to the following:

(b) (I)  In the case of major medical coverage, benefits shall cover outpatient services furnished by a comprehensive health care service corporation, a hospital, or a community mental health center or other mental health clinics approved by the department of human services to furnish mental health services; or furnished by a registered professional nurse within the scope of his or her license; or furnished by a licensed clinical social worker within the scope of his or her license; or furnished by or under the supervision of a licensed physician or licensed psychologist acting in compliance with part 3 of article 43 of title 12, C.R.S. ARTICLE 43.7 OF TITLE 12, C.R.S. Except as provided in subparagraph (II) of this paragraph (b), the services provided under this paragraph (b) shall be under the direct supervision of a physician or a licensed psychologist acting in compliance with part 3 of article 43 of title 12, C.R.S. ARTICLE 43.7 OF TITLE 12, C.R.S. The patient records shall show that the attending physician or licensed psychologist acting in compliance with part 3 of article 43 of title 12, C.R.S. ARTICLE 43.7 OF TITLE 12, C.R.S., either saw the patient or had a written summary of consultations or a personal consultation with the therapist at least once every ninety days.

SECTION 6.  12­43­101, Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­101.  Legislative declaration. The general assembly hereby finds and declares that, in order to safeguard the public health, safety, and welfare of the people of this state and in order to protect the people of this state against the unauthorized, unqualified, and improper application of psychotherapy, psychology, clinical social work, marriage and family therapy, AND professional counseling and school psychology, it is necessary that the proper regulatory authorities be established and adequately provided for. The general assembly further finds that, in order to best provide such protections and safeguards and to expedite complaints and disciplinary proceedings relating to the practice and delivery of psychotherapy, psychology, clinical social work, marriage and family therapy, AND professional counseling services and school psychology, there shall be established a grievance board with the authority to take disciplinary actions or bring injunctive actions or both concerning unlicensed psychotherapists, licensed psychologists, licensed clinical social workers, licensed marriage and family therapists, AND licensed professional counselors. and certified school psychologists.

SECTION 7.  12­43­201 (6) and (8), Colorado Revised Statutes, 1991 Repl. Vol., are amended to read:

12­43­201.  Definitions. As used in this part 2, unless the context otherwise requires:

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

(8)  "Psychologist" means a person who practices psychotherapy and who is a psychologist licensed pursuant to the provisions of this article.

SECTION 8.  12­43­203 (8), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­203.  Boards ­ meetings ­ duties ­ powers ­ removal of members. (8)  Each board shall transmit to the grievance board information it receives of any violations of the provisions of this article pertaining to licensees OR unlicensed psychotherapists. or certified school psychologists.

SECTION 9.  12­43­204 (3), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­204.  Fees ­ renewal. (3)  Every person licensed to practice psychology, clinical social work, marriage and family therapy, or professional counseling within the state shall pay a renewal fee to be determined pursuant to section 24­34­105, C.R.S., and shall submit a renewal application upon a form prescribed by each board and shall receive therefor a renewal certificate, if qualified, authorizing him to continue his practice in this state. No fee received from licensees seeking renewal shall be refunded. The board shall establish renewal fees and schedules subject to the provisions of section 24­34­102 (8), C.R.S.

SECTION 10.  12­43­206, Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­206.  Licensure by endorsement. The board may issue a license by endorsement to engage in the practice of psychology, clinical social work, marriage and family therapy, or professional counseling to any applicant who has a license, registration, or certification in good standing as a psychologist, clinical social worker, marriage and family therapist, or professional counselor under the laws of another jurisdiction if the applicant presents proof satisfactory to the board that, at the time of application for a Colorado license by endorsement, the applicant possesses credentials and qualifications which are substantially equivalent to the requirements of section 12­43­303, 12­43­403, 12­43­503, or 12­43­603, whichever is applicable. Each board shall promulgate rules and regulations setting forth the manner in which credentials and qualifications of an applicant will be reviewed by the board.

SECTION 11. 12­43­208, Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­208.  Drugs ­ medicine. Nothing in this article shall be construed as permitting psychologists, clinical social workers, marriage and family therapists, and professional counselors licensed under this article or unlicensed psychotherapists or certified school psychologists to administer or prescribe drugs or in any manner engage in the practice of medicine as defined by the laws of this state.

SECTION 12.  12­43­209, Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­209.  Collaborate with physician. A licensee OR unlicensed psychotherapist, or certified school psychologist, in order to make provision for the diagnosis and treatment of medical problems, shall collaborate with a physician licensed under the laws of this state, except when practicing pursuant to the provisions of section 12­43­201 (9). A licensee OR unlicensed psychotherapist or certified school psychologist shall not diagnose, prescribe for, treat, or advise a client with reference to medical problems.

SECTION 13.  The introductory portion to 12­43­211 (1) (b) and 12­43­211 (1) (b) (II), (2), (3), and (6), Colorado Revised Statutes, 1991 Repl. Vol., are amended to read:

12­43­211.  Professional service corporations for the practice of psychology, clinical social work, marriage and family therapy, and professional counseling ­ definitions. (1)  Licensees and certified school psychologists may form professional service corporations for the practice of psychology, clinical social work, marriage and family therapy, or professional counseling under the "Colorado Business Corporation Act", articles 101 to 117 of title 7, C.R.S., if such corporations are organized and operated in accordance with the provisions of this section. The articles of incorporation of such corporations shall contain provisions complying with the following requirements:

(b)  The corporation shall be organized by licensees or certified school psychologists for the purpose of conducting the practice of psychology, clinical social work, marriage and family therapy, or professional counseling, by the respective licensees of those practices or conducting activities authorized by section 12­43­304 (5) (b) 12­43.7­121, by certified school psychologists. The corporation may be organized with any other person, and any person may own shares in such corporation, if the following conditions are met:

(II)  The practice of psychotherapy as defined in section 12­43­304 (5) 12­43.7­121 by the professional service corporation is performed by a certified school psychologist acting independently or under the supervision of a person licensed pursuant to this article or a certified school psychologist. Any certified school psychologist member of the professional service corporation remains individually responsible for his professional acts and conduct as provided elsewhere in this article; or

(2)  The corporation shall do nothing which, if done by a licensee or certified school psychologist and employed by it, would violate the provisions of section 12­43­704 (1) 12­43.7­110. Any violation of this section by the corporation shall be grounds for the grievance board OF PSYCHOLOGY EXAMINERS to discipline any licensee or certified school psychologist pursuant to section 12­43­705 12­43.7­111.

(3)  Nothing in this section shall be deemed to diminish or change the obligation of each licensee or certified school psychologist employed by the corporation to conduct his OR HER practice so as not to violate the provisions of section 12­43­704 (1) 12­43.7­110. Any licensee or certified school psychologist who by act or omission causes the corporation to act or fail to act in a way which violates the provisions of section 12­43­704 (1) 12­43.7­110 or any provision of this section shall be deemed personally responsible for such act or omission and shall be subject to discipline by the grievance board therefor.

(6)  Nothing in this article shall be construed to limit persons licensed under any part of this article OR ARTICLE 43.7 OF THIS TITLE or certified school psychologists from forming a corporation with persons licensed under any other part of this article or certified school psychologists.

SECTION 14.  The introductory portion to 12­43­214 (1) and 12­43­214 (1) (a), (1) (c), and (1) (d) (IV), Colorado Revised Statutes, 1991 Repl. Vol., are amended to read:

12­43­214.  Mandatory disclosure of information to clients. (1)  Except as otherwise provided in subsection (4) of this section, every unlicensed psychotherapist OR licensee, or certified school psychologist, when such unlicensed psychotherapist OR licensee or certified school psychologist is practicing outside the school setting, 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 unlicensed psychotherapist OR licensee; or certified school psychologist;

(c)  A statement indicating that the practice of both licensed and unlicensed persons and certified school psychologists in the field of psychotherapy is regulated by the department of regulatory agencies and an address and telephone number for the grievance board; and

(d)  A statement indicating that:

(IV)  The information provided by the client during therapy sessions is legally confidential in the case of licensed marriage and family therapists, clinical social workers, AND professional counselors, and psychologists and certified school psychologists, except as provided in section 12­43­218 and except for certain legal exceptions which will be identified by the licensee or certified school psychologist should any such situation arise during therapy.

SECTION 15.  12­43­215 (1), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­215.  Scope of article ­ exemptions. (1)  Any person engaged in the practice of religious ministry shall not be required to comply with the provisions of this article; except that such person shall not hold himself out to the public by any title incorporating the terms "psychologist", "licensed clinical social worker", "clinical social worker", "LCSW", "licensed marriage and family therapist", "LMFT", OR "licensed professional counselor" "certified school psychologist", or "CSP" unless that person has been licensed pursuant to this article. or certified as a certified school psychologist.

SECTION 16.  12­43­216, Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­216.  Title use restrictions. A psychologist, clinical social worker, marriage and family therapist, or professional counselor may only use the title for which he OR SHE is licensed under this article. Except as provided in section 12­43­304 (5) 12­43.7­121, no other person shall hold himself OR HERSELF out to the public by any title or description of services incorporating the terms "licensed clinical social worker", "clinical social worker", "LCSW", "marriage and family therapist", "LMFT", OR "professional counselor", "psychologist", "psychology", or "psychological" and he OR SHE shall not state or imply that he OR SHE is licensed to practice clinical social work, marriage and family therapy, OR professional counseling. or psychology. Nothing in this section shall prohibit a person from stating or using the educational degrees which he OR SHE has obtained.

SECTION 17.  12­43­218 (1), (2), and (4), Colorado Revised Statutes, 1991 Repl. Vol., are amended to read:

12­43­218.  Disclosure of confidential communications. (1)  A licensee or certified school psychologist shall not disclose, without the consent of his OR HER client, any confidential communications made by the client to him THE LICENSEE, or his THE advice given thereon, in the course of professional employment; nor shall a licensee's or certified school psychologist'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 therapy conducted under the supervision of a licensee, or certified school psychologist, including, but not limited to, group therapy sessions, disclose any knowledge gained during the course of such therapy 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 or certified school psychologist on any cause of action arising out of or connected with the care or treatment of such client by the licensee; or certified school psychologist;

(b)  A licensee or certified school psychologist was in consultation with a physician, registered professional nurse, OR licensee 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 or certified school psychologist is conducted by any of the following:

(I)  The grievance 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 or certified school psychologist 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 12­43­203 (11) if said person has signed a release authorizing such review.

(4)  Subsection (1) of this section shall not apply to any delinquency or criminal proceeding, except as provided in section 13­90­107, C.R.S., regarding any delinquency or criminal proceeding involving a licensed psychologist.

SECTION 18.  12­43­701 (1), (7), and (8), Colorado Revised Statutes, 1991 Repl. Vol., are amended to read:

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

(1)  "Certified school psychologist" means a person who practices psychotherapy and who is a school psychologist certified pursuant to the provisions of section 22­60­104 (1) (e), C.R.S.

(7)  "Licensed psychologist" or "psychologist" means a person who practices psychotherapy and who is a psychologist licensed pursuant to the provisions of this article.

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

SECTION 19.  12­43­702 (1) and (2), the introductory portion to 12­43­702 (3), 12­43­702 (3) (d), the introductory portion to 12­43­702 (4), and 12­43­702 (4) (a), (4) (e), (5) (a), (5) (b), and (5) (c), Colorado Revised Statutes, 1991 Repl. Vol., as amended, are amended to read:

12­43­702.  State grievance board ­ creation ­ subject to termination. (1)  There is hereby created the state grievance board, which shall be under the supervision and control of the division of registrations as provided in section 24­34­102, C.R.S. The grievance board shall consist of eight SIX members or eleven NINE members, as determined pursuant to this section, who are residents of the state of Colorado.

(2)  Four THREE members of the grievance board shall be appointed by the governor, with the consent of the senate, from the general public with a good faith effort to achieve broad­based geographical representation, one to serve a term of one year, one to serve a term of two years, and two to serve a term of three years. No such member shall have any direct involvement or interest in the provision of psychotherapy; except that such member may be or may have been a consumer of such services.

(3)  Four THREE members of the grievance board shall be licensed members of their respective licensing boards and shall be appointed by the governor, with the consent of the senate, as follows:

(d)  A licensed psychologist to serve a term of three years.

(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 SIX 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:

(a)  If the disciplinary action relates to a licensed psychologist, the three additional members shall be licensed psychologists.

(e)  If the disciplinary action relates to a certified school psychologist, the three additional members shall be certified school psychologists.

(5) (a)  Five THREE of the persons eligible to serve on the grievance board under subsection (4) of this section shall be appointed by the governor to serve a term of one year, one from each of the professions licensed pursuant to parts 3, 4, 5, and 6 of this article. and one certified school psychologist.

(b)  Five THREE of the persons eligible to serve on the grievance board under subsection (4) of this section shall be appointed by the governor to serve a term of two years, one from each of the professions licensed pursuant to parts 3, 4, 5, and 6 of this article. and one certified school psychologist.

(c)  Five THREE of the persons eligible to serve on the grievance board under subsection (4) of this section shall be appointed by the governor to serve a term of three years, one from each of the professions licensed pursuant to parts 3, 4, 5, and 6 of this article. and one certified school psychologist.

SECTION 20.  12­43­703 (1) (f) and (1) (g), Colorado Revised Statutes, 1991 Repl. Vol., are 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:

(f)  To notify the public of all disciplinary actions taken against licensees or certified school psychologists and unlicensed psychotherapists pursuant to this article;

(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, OR 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, OR professional counselor or certified school psychologist respectively.

SECTION 21.  The introductory portion to 12­43­704 (1) and 12­43­704 (1) (p) and (3), Colorado Revised Statutes, 1991 Repl. Vol., as amended, are amended to read:

12­43­704.  Prohibited activities ­ related provisions. (1)  A person practicing psychotherapy under this article is in violation of this article if he SUCH PERSON:

(p)  Has offered or given commissions, rebates, or other forms of remuneration for the referral of clients. Notwithstanding this provision, a licensee certified school psychologist, or unlicensed psychotherapist may pay an independent advertising or marketing agent compensation for advertising or marketing services rendered on his THE LICENSEE'S behalf by such agent, including compensation which is paid for the results of performance of such services on a per patient basis;

(3)  The grievance board shall notify the state board of education of any action the grievance board takes against a certified school psychologist pursuant to this part 7, and the state board of education may use evidence of such action in any proceeding related to the certified school psychologist, subject to the requirements of title 22, C.R.S.

SECTION 22.  12­43­704.5 (2), Colorado Revised Statutes, 1991 Repl. Vol., is repealed as follows:

12­43­704.5.  Authority of grievance board ­ cease and desist orders. (2)  If a certified school psychologist practicing psychotherapy outside the school setting has violated any of the provisions of section 12­43­704, the grievance board may issue a letter of admonition to such certified school psychologist, place such certified school psychologist on probation, or apply for an injunction pursuant to section 12­43­708 to enjoin such certified school psychologist from practicing psychotherapy outside the school setting.

SECTION 23.  12­43­705 (1), (2) (c), (2) (d), (2) (e), (3) (a) (I), and (3) (b), the introductory portion to 12­43­705 (3) (c), and 12­43­705 (3) (c) (I), (3) (d), (4), (8), and (9), Colorado Revised Statutes, 1991 Repl. Vol., are amended to read:

12­43­705.  Disciplinary proceedings ­ judicial review ­ mental and physical examinations. (1)  A proceeding for discipline of a licensee or certified school psychologist may be commenced when the grievance board has reasonable grounds to believe that a licensee or certified school psychologist under the grievance board's jurisdiction has committed any act or failed to act pursuant to the grounds established in section 12­43­704.

(2) (c)  No licensee's or certified school psychologist's right to use his SUCH LICENSEE'S title as provided in section 12­43­304 (5) (a) shall be denied, revoked, or suspended by the grievance board, nor shall a licensee or certified school psychologist be placed on probation pursuant to the grounds established in section 12­43­704, until after a hearing has been conducted if so required pursuant to section 24­4­105, C.R.S., except as provided for in emergency situations by section 24­4­104, C.R.S., or except in the event that a licensee or certified school psychologist has been adjudicated as mentally ill, gravely disabled, mentally retarded, mentally incompetent, or insane by a court of competent jurisdiction, or except in the event that a licensee or certified school psychologist violates paragraph (e) of this subsection (2), in which case the grievance board is empowered to summarily suspend his THE LICENSEE'S license or the certified school psychologist's right to use his title as provided in section 12­43­304 (5) (a), subject to the limitation of section 24­4­104, C.R.S.

(d)  If the board has reasonable cause to believe that a licensee or certified school psychologist is unable to practice with reasonable skill and safety to patients, it may require such licensee or certified school psychologist to submit to mental or physical examinations designated by the board. Upon the failure of such licensee or certified school psychologist to submit to such mental or physical examinations, unless he THE LICENSEE shows good cause for such failure, the board may act pursuant to paragraph (c) of this subsection (2) or enjoin a certified school psychologist or licensee pursuant to section 12­43­708 until such time as he THE LICENSEE submits to the required examinations.

(e)  Every licensee or certified school psychologist shall be deemed to have given his THE LICENSEE'S consent to submit to mental or physical examinations when directed in writing by the board and to have waived all objections to the admissibility of the examiner's testimony or examination reports on the ground of privileged communication.

(3)  Disciplinary actions may consist of the following:

(a)  Revocation of a license. (I)  Revocation of a license by the grievance board shall mean that the licensee shall surrender his license to the grievance board within a period of thirty days. Similarly, a certified school psychologist's right to use his title as provided in section 12­43­304 (5) (a) shall cease within a period of thirty days. Failure to do so will render the licensee or certified school psychologist liable to prosecution by the district attorney.

(b)  Suspension of a license. Suspension of a license or a certified school psychologist's right to use his title as provided in section 12­43­304 (5) (a) by the grievance board shall be for a period to be determined by the grievance board.

(c)  Probationary status. Probationary status may be imposed by the grievance board. If the grievance board places a licensee or certified school psychologist on probation, it may include such conditions for continued practice as the grievance board deems appropriate to assure that the licensee or certified school psychologist is physically, mentally, and otherwise qualified to practice in accordance with generally accepted professional standards of practice, including any or all of the following:

(I)  Submission by the licensee or certified school psychologist to such examinations as the grievance board may order to determine his THE LICENSEE'S physical or mental condition or his professional qualifications;

(d)  Issuance of letters of admonition. Such letters shall be sent by certified mail to the licensee or certified school psychologist against whom a complaint was made. The letter shall advise the licensee or certified school psychologist that he THE LICENSEE may, within twenty days after receipt of the letter, make a written request to the grievance board to institute formal disciplinary proceedings in order to formally adjudicate the conduct or acts on which the letter was based.

(4)  Complaints, investigations, hearings, meetings, or any other proceedings of the grievance 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 grievance board be conducted publicly or that the minutes or records of the grievance board with respect to action of the grievance board taken pursuant to the provisions of this article be open to public inspection; except that this exemption shall apply only when the grievance board, or an administrative law judge acting on behalf of the grievance board, specifically determines that it is in the best interest of a complainant or other recipient of services to keep such proceedings or documents relating thereto closed to the public or, if the licensee or certified school psychologist is violating section 12­43­704 (1) (e), the licensee or certified school psychologist is participating in good faith in a program approved by the grievance board designed to end such addiction or dependency and the licensee or certified school psychologist has not violated any provisions of the grievance board order regarding his THE LICENSEE'S participation in such a treatment program. If the grievance board determines that it is in the best interest 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 grievance board must be open to the public without disclosing the name of the client or other recipient.

(8)  Any licensee or certified school psychologist against whom a malpractice claim is settled or a judgment rendered in a court of competent jurisdiction shall notify the grievance board of such judgment or settlement within sixty days of such disposition.

(9)  Any licensee or certified school psychologist having direct knowledge that an unlicensed psychotherapist a certified school psychologist, or a licensee has violated any of the provisions of section 12­43­704 has a duty to report such knowledge to the grievance board, unless such report would violate the prohibition against disclosure of confidential information without client consent pursuant to section 12­43­218.

SECTION 24.  12­43­707 (1) (b), (1) (c), and (4), Colorado Revised Statutes, 1991 Repl. Vol., are amended to read:

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

(b)  To use in connection with his SUCH PERSON'S name any designation tending to imply that he SUCH PERSON is licensed pursuant to this article or certified as a certified school psychologist during a period when his SUCH PERSON'S license has been suspended or revoked; or his certificate or right to use the title "certified school psychologist" has been suspended or revoked;

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

(4)  No action may be maintained for the breach of a contract involving the unlawful practice of psychology, social work, professional counseling, marriage and family therapy, OR psychotherapy or certified school psychology or for the recovery of compensation for services rendered under such a contract.

SECTION 25.  12­43­708 (1) (b), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­43­708.  Injunctive proceedings. (1)  The grievance 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:

(b)  To enjoin a licensee from practicing the profession for which he SUCH LICENSEE is licensed under this article or to enjoin a certified school psychologist from practicing psychotherapy outside the school setting if he SUCH LICENSEE has violated the provisions of section 12­43­705 (2) (d) or the provisions of section 12­43­704;

SECTION 26.  13­4­102 (2) (t), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended to read:

13­4­102.  Jurisdiction. (2)  The court of appeals shall have initial jurisdiction to:

(t)  Review final actions and orders appropriate for judicial review of the Colorado state board of psychologist PSYCHOLOGY examiners, the state board of social work examiners, the state board of marriage and family therapist examiners, and the state board of licensed professional counselor examiners, as provided in section 12­43­217, C.R.S.;

SECTION 27.  19­3­311 (1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:

19­3­311.  Evidence not privileged. (1)  The incident of privileged communication between patient and physician, between patient and registered professional nurse, or between any person licensed pursuant to article 43 OR 43.7 of title 12, C.R.S., or certified school psychologist and client, which is the basis for a report pursuant to section 19­3­304, shall not be a ground for excluding evidence in any judicial proceeding resulting from a report pursuant to this part 3. In addition, privileged communication shall not apply to any discussion of any future misconduct or of any other past misconduct which could be the basis for any other report under section 19­3­304.

SECTION 28.  22­20­103 (8) (b), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­20­103.  Definitions. As used in this article, unless the context otherwise requires:

(8)  "Psychologist" means any person who meets any one of the following requirements:

(b)  Proper certification as a psychologist by the Colorado state board of psychologist PSYCHOLOGY examiners;

SECTION 29.  24­1­122 (3) (v), Colorado Revised Statutes, 1988 Repl. Vol., is repealed as follows:

24­1­122.  Department of regulatory agencies ­ creation. (3)  The following boards and agencies are transferred by a type 1 transfer to the department of regulatory agencies and allocated to the division of registrations:

(v)  Colorado state board of psychologist examiners, created by part 3 of article 43 of title 12, C.R.S.;

SECTION 30.  26­4­527 (3), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­4­527.  Residential child health care ­ waiver ­ program. (3)  The department of health care policy and financing, in cooperation with the department of human services, shall promulgate rules as necessary for the implementation of the program, including, but not limited to, rules regarding program services that may include rehabilitative services as appropriate to residential child health care when referred by a physician licensed pursuant to article 36 of title 12, C.R.S., a psychologist licensed pursuant to part 3 of article 43 of title 12, C.R.S., ARTICLE 43.7 OF TITLE 12, C.R.S., a registered professional nurse as defined in section 12­38­103 (11), C.R.S., who, by reason of postgraduate education and additional nursing preparation, has gained knowledge, judgment, and skill in psychiatric or mental health nursing, a clinical social worker licensed pursuant to part 4 of article 43 of title 12, C.R.S., a marriage and family therapist licensed pursuant to part 5 of article 43 of title 12, C.R.S., or a professional counselor licensed pursuant to part 6 of article 43 of title 12, C.R.S.; the number of recipients participating; eligibility criteria including financial eligibility criteria; reimbursement of providers; and such other rules as are necessary for the implementation and administration of the program. The twenty percent county contribution established in section 26­1­122 for residential child care facilities may be used by the state to obtain federal financial participation under Title XIX of the social security act for any residential child health care program established pursuant to this section. The twenty percent contribution shall not be increased due to any federal financial participation received as a result of any programs established pursuant to this section. Nothing in this section shall be construed to prohibit an adjustment in the county contribution due to caseload or service cost increases. Nothing in this section shall be construed to create a county obligation to directly participate in the financing of any program established pursuant to the "Colorado Medical Assistance Act" as set forth in this article.

SECTION 31.  Effective date. This act shall take effect on September 1, 1997; except that, if a referendum petition is filed against this act or an item, section, or part of this act within the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.