Call to By the President pro tem at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Glen E. Hamlyn.
Roll Call Present--Total, 31.
Absent/Excused--Lacy, Perlmutter--Total, 2.
Absent--Blickensderfer, Powers--Total, 2.
Present later--Blickensderfer, Lacy, Powers.
Quorum The President announced a quorum present.
Reading of On motion of Senator Reeves, reading of the Journal of April 13th was dispensed with
Journal and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly engrossed: SB 98-177, 188.
Services
Correctly revised: HB 98-1234.
Correctly enrolled: SR 98-8.
SIGNING OF BILLS
The President has signed: SB 98-2, 93, 114, 136,
151, 172.
The President has signed: HB98-1005.
The President has signed: HB98-1311, 1317, 1337,
and 1361.
The President has signed: HB98-1252 and 1261.
The President has signed: HB98-1123, 1235, 1243,
1323, 1365, 1372, and 1375.
MESSAGE FROM THE HOUSE
April 13, 1998
Mr. President:
The House has adopted the First Report of the First Conference Committee on HB98-1015, as printed in House Journal, April 8, pages 1236-1237, and has repassed the bill as amended.
The House has adopted the First Report of the First
Conference Committee on HB98-1130, as printed in House Journal,
April 8, page 1237, and has repassed the bill as amended.
MESSAGE FROM THE GOVERNOR
April 13, 1998
To the Honorable Colorado Senate
Sixtyfirst General Assembly
Second Regular Session
Denver, CO 80203
Ladies and Gentlemen:
I have the honor to inform you that I have approved and filed
with the Secretary of State the following Acts:
S.B. 98007 Concerning the continuation of the credit against
state income taxes for contributions made for purposes of promoting
employment for homeless persons.
Approved April 10, 1998 at 1:19 p.m.
S.B. 98027 Concerning the authority of county treasurers.
Approved April 10, 1998 at 3:53 p.m.
S.B. 98046 Concerning and exemption from emission inspection
requirements for the sale of a motor vehicle if sufficient notice
is provided to the purchaser.
Approved April 10, 1998 at 1:25 p.m.
S.B. 98051 Concerning mandated insurance coverages for state
employees.
Approved April 10, 1998 at 1:24 p.m.
S.B. 98087 Concerning the establishment of the most current
version of the "American National Standard for Buildings
and Facilities Providing Accessibility and Usability for Physically
Handicapped People" as the criteria for structural requirements
for buildings.
Approved April 10, 1998 at 1:04 p.m.
S.B. 98118 Concerning clarifying that persons whose business
consists primarily of renting motor vehicles for transportation
purposes need not be licensed under statutes governing licensure
of persons transacting insurance business.
Approved April 10, 1998 at 3:49 p.m.
S.B. 98124 Concerning a grant of qualified immunity to licensed
professionals who assist in securing the safety of structures
during times of emergency.
Approved April 10, 1998 at 3:51 p.m.
S.B. 98128 Concerning the prepaid postsecondary education
expense trust program.
Approved April 10, 1998 at 1:06 p.m.
S.B. 98173 Concerning the exclusion of direct Medicare Part
B costs from allowable Medicaid reimbursement to certain nursing
facilities.
Approved April 10, 1998 at 1:05 p.m.
S.B. 98174 Concerning allowing persons licensed to hold
a race meet of greyhounds to enter into agreements with organizations
that represent a majority of kennel owners participating in a
race meet to specify purse structure.
Approved April 10, 1998 at 1:08 p.m.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 4/13/98 3:00 p.m.
P. Dicks, Assistant Secretary
MESSAGE FROM THE GOVERNOR
Appoint- A letter of designation and appointment from Governor Romer was read and assigned to
ment Committee as follows:
March 30, 1998
To the Honorable
Colorado Senate
Colorado General Assembly
State Capitol Building
Denver, CO 80203
Ladies and Gentlemen:
Pursuant to the powers conferred upon me by the Constitution
and Laws of the State of Colorado, I have the honor to designate,
appoint and submit to your consideration, the following:
for a term expiring January 1, 2002:
Roberto E. Zendejas of Colorado Springs, Colorado,
to serve as a representative of employers insured by the state
compensation insurance authority and to fill a vacancy occasioned
by the resignation of Bruce A. Bullock, appointed.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 4/13/98
P. Dicks, Assistant Secretary
Committee on Business Affairs and Labor
INTRODUCTION OF RESOLUTIONS
SR 98-9 by Senators Bishop and Norton--Concerning the extension of gratitude to Rabbi Stanley M. Wagner.
WHEREAS, Rabbi Stanley M. Wagner, the first and only
Rabbi to serve as Chaplain in the Colorado State Senate, has served
as Chaplain since 1981, the longest period of Chaplaincy service
to the Senate in its history; and
WHEREAS, Rabbi Wagner is a nationally renowned religious
leader and holds five degrees of higher learning, including a
Doctorate in Jewish History; and
WHEREAS, Rabbi Wagner, in addition to serving as
the Director of the Center for Judaic Studies at the University
of Denver, also has served as the Rabbi of the BMH Congregation
in Denver for the past twentythree years; and
WHEREAS, In addition to serving as Chaplain in the
Colorado State Senate, Rabbi Wagner has also been one of the few
clergymen to deliver invocations to the United States Senate and
the United States House of Representatives; and
WHEREAS, Rabbi Wagner founded Colorado's Mizel Museum
of Judaica in 1982; and
WHEREAS, Rabbi Wagner has delivered several scholarly
papers at conferences and has served as instructor in the Department
of American Languages and Literatures at the University of Kentucky
and was appointed instructor in History at Hofstra University;
and
WHEREAS, Rabbi Wagner has received the Distinguished
Service to the University Award from the University of Denver;
and
WHEREAS, The members of the Colorado State Senate have delighted in and been inspired by the meaningful prayers that Rabbi Wagner has offered in these chambers; and
WHEREAS, Rabbi Wagner has extended the warmth of
his friendship and the wisdom of his counsel during these years
to all the members of the Senate; and
WHEREAS, Rabbi Wagner will conclude his dedicated
service to the Senate in 1998; now, therefore,
Be It Resolved by the Senate of the Sixtyfirst
General Assembly of the State of Colorado:
That the Colorado State Senate pay tribute to Rabbi
Wagner by designating him Chaplain Emeritus of the Colorado State
Senate.
Be It Further Resolved,
That a copy of this resolution be sent to Rabbi Wagner.
Laid over one day under Senate Rule 30(c), and placed
on the calendar of Wednesday, April 15.
HJM 98-1001 by Representative June; also Senators Johnson and Bishop--Honoring former member John Carroll.
(Printed in House Journal, April 8, pages 1239-1240
and as amended as printed in House Journal, April 13.)
Laid over one day under Senate Rule 30(e), and placed
on the calendar of Wednesday, April 15.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
HB 98-1003 by Representatives Schauer, G. Berry, Paschall, and Tucker; also Senators Mutzebaugh, Chlouber, and Norton--Concerning the removal of provisions in the air quality state implementation plan that are more stringent than those required by federal law.
Health, Environment, Welfare and Institutions
HB 98-1006 by Representatives Adkins, Smith, and S. Johnson; also Senators Bishop, Ament, and Dennis--Concerning the establishment of a fund to promote the conservation of native species, and making an appropriation in connection therewith.
Agriculture, Natural Resources and Energy
Appropriations
HB 98-1070 by Representative Taylor; also Senator Wattenberg--Concerning extended temporary motor vehicle registration.
Transportation
HB 98-1217 by Representative T. Williams; also Senator Hopper--Concerning the regulation of the practice of pharmacy by the state board of pharmacy, and, in connection therewith, regulating the supervision of nonpharmacist personnel by pharmacists and allowing the state board of pharmacy to impose fines against licensees for violations of statutes regulating pharmacists, and making an appropriation therefor.
Business Affairs and Labor
Appropriations
HB 98-1220 by Representative Taylor; also Senator Wattenberg--Concerning the regulation of plumbers by the board of plumbing examiners, and making an appropriation therefor.
Business Affairs and Labor
Appropriations
HB 98-1267 by Representatives Allen, Anderson, and Dean; also Senators B. Alexander and Arnold--Concerning educational reforms.
Education
HB 98-1281 by Representative Pfiffner; also Senator Congrove--Concerning expansion of the privatization of bus service operations of the regional transportation district, and making an appropriation in connection therewith.
Transportation
Appropriations
HB 98-1382 by Representative Hefley; also Senator Coffman--Concerning testing for controlled substances of participants in the Colorado works program.
Health, Environment, Welfare and Institutions
HB 98-1406 by Representative Adkins; also Senator Reeves--Concerning the welfare of children.
Judiciary
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the titles of the following bills
were publicly read, the reading at length having been dispensed
with by unanimous consent:
SB 98-177 by Sen. Lacy; Rep. Grampsas--PUC Telecom
High Cost Fund Admin
The question being "Shall the bill pass?" the roll was called with the following result:
YES 27 | NO 7 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | N | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | Y | Powers | N | Weddig | Y |
Chlouber | N | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Feeley, Rupert.
HB 98-1234 by Rep. Allen; Senator Wells--Public School
Finance
The question being "Shall the bill pass?" the roll was called with the following result:
YES 30 | NO 4 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | N | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | Y | Hopper | Y | Perlmutter | E | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | N |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Bishop, Matsunaka, Phillips, Rizzuto.
SB 98-188 by Sen. Wham; Rep. Anderson--Colorado Horse
Development Authority
The question being "Shall the bill pass?" the roll was called with the following result:
YES 19 | NO 13 | EXCUSED 2 | ABSENT 1 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | N | Tanner | Y |
Ament | N | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | Y | Perlmutter | E | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | * |
Blickensderfer |
N | Lacy | N | Powers | N | Weddig | A |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | N |
Coffman | N | Linkhart | Y | Rizzuto | N | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Abstaining (*) from voting under Senate Rule 17(c)--Senator
Wattenberg
HB 98-1401 by Rep. Grampsas; Senator Lacy--Long Appropriations
Bill
The question being "Shall the bill pass?" the roll was called with the following result:
YES 24 | NO 10 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | Y | Feeley | N | Mutzebaugh | N | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | Y |
Arnold | N | Hopper | Y | Perlmutter | E | Thiebaut | N |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | Y | Powers | Y | Weddig | N |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | N | Rizzuto | Y | Wham | Y |
Congrove | N | Martinez | Y | Rupert | N | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Committee On motion of Senator Wattenberg, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Wattenberg was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
HB 98-1189 by Rep. Entz; Senator Bishop--Colo Water
Conservation Board Projects
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, March 19, page 505.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1402 by Rep. Grampsas; Senator Lacy--Capital Construction Fund Transfers
Amendment No. 1, by Senator Lacy
Amend reengrossed bill, page 2, strike line 17, and
substitute the following:
"PLUS THREE HUNDRED NINE MILLION SEVENTY-SEVEN".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
SB 98-53 by Sen. Dennis--Waste Disposal By Special Dists
(Amended in General Orders as printed in Senate Journal,
January 26, page 102.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-41 by Sen. Rupert; Rep. Tate--Female Genital
Mutilation
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, January 22, pages 81-82.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 3, pages 690-691.)
Amendment No. 3, by Senator Rupert
Amend printed bill, page 3, line 5, strike "THIS SUBSECTION (1):" and substitute "SUBSECTION (2) OF THIS SECTION:"
SB 98-41 As amended, ordered engrossed and placed on the calendar for Third Reading and Final
(Cont.) Passage.
SB 98-154 by Sen. Linkhart; Rep. Alexander--Child
Care Tax Credit
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 98-29 by Sen. Weddig; Representative Epps--Changes
To Aid To Needy Disabled Program
Amendment No. 1, Health, Environment, Welfare and Institutions Amendment
(Printed in Senate Journal, January 23, pages 91-92.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 7, page 725.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-22 by Sen. Tanner--Juror Travel Benefits Reimbursement
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, January 15, page 59.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 7, page 725.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-152 by Sen. Wattenberg; Rep. George--Study
Electric Utility Restructuring
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, April 7, pages 727-731.)
Amendment No. 2, by Senator Wattenberg
Amend the Appropriations Committee amendment, as
printed in Senate Journal, April 7, page 729, strike lines 35
through 37, and substitute the following:
"Strike pages 5 through 9.
Page 10, strike lines 1 through 25, and substitute
the following:".
Page 730, line 38, strike "PANEL."."
and substitute "PANEL.";";
after line 38, insert the following:
"(4) Electricity advisory panel
B
composition B
appointment. (a) THERE IS HEREBY
CREATED WITHIN THE LEGISLATIVE DEPARTMENT AN ELECTRICITY ADVISORY
PANEL, WHICH SHALL CONDUCT THE EVALUATION STUDY PROVIDED FOR IN
THIS SECTION. THE PANEL SHALL CONSIST OF SIXTEEN MEMBERS AS FOLLOWS:
(I) THE FOLLOWING SIX MEMBERS APPOINTED
BY THE GOVERNOR:
(A) ONE REPRESENTATIVE OF RESIDENTIAL
CONSUMERS OF ELECTRIC ENERGY;
(B) ONE REPRESENTATIVE OF LOWINCOME
RESIDENTIAL CONSUMERS OF ELECTRIC ENERGY;
(C) ONE REPRESENTATIVE OF FIXEDINCOME,
SENIOR CONSUMERS OF ELECTRIC ENERGY;
(D) ONE REPRESENTATIVE OF THE OFFICE OF CONSUMER COUNSEL, ESTABLISHED PURSUANT TO ARTICLE 6.5 OF THIS TITLE;
SB 98-152
(Cont.)
(E) ONE LABOR REPRESENTATIVE OF EMPLOYEES
OF AN ELECTRIC UTILITY; AND
(F) ONE REPRESENTATIVE OF A MUNICIPAL
GOVERNMENT, WHETHER OR NOT SUCH MUNICIPAL GOVERNMENT OPERATES
AN ELECTRIC UTILITY;
(II) THE FOLLOWING FIVE MEMBERS APPOINTED
BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES:
(A) ONE REPRESENTATIVE OF A COOPERATIVELYOWNED
DISTRIBUTION ELECTRIC UTILITY;
(B) ONE REPRESENTATIVE OF A COOPERATIVELYOWNED
GENERATION AND TRANSMISSION ASSOCIATION;
(C) ONE REPRESENTATIVE OF AN INVESTOROWNED
ELECTRIC UTILITY THAT GENERATES ELECTRICITY;
(D) ONE REPRESENTATIVE OF AN INVESTOROWNED
ELECTRIC UTILITY THAT DISTRIBUTES ELECTRICITY; AND
(E) ONE REPRESENTATIVE OF AGRICULTURAL
CONSUMERS OF ELECTRIC ENERGY;
(III) THE FOLLOWING FIVE MEMBERS APPOINTED
BY THE PRESIDENT OF THE SENATE:
(A) ONE REPRESENTATIVE OF A MUNICIPALLYOWNED
ELECTRIC UTILITY THAT DISTRIBUTES ELECTRICITY;
(B) ONE REPRESENTATIVE OF A MUNICIPALLYOWNED
UTILITY THAT GENERATES ELECTRIC ENERGY OR A MUNICIPALLYOWNED
POWER AUTHORITY THAT PROVIDES WHOLESALE ELECTRIC SERVICE TO MUNICIPAL
ELECTRIC DISTRIBUTION SYSTEMS;
(C) ONE REPRESENTATIVE OF A MARKETER OR
BROKER OF ELECTRICITY OR AN INDEPENDENT POWER GENERATOR PRODUCER
OR PROVIDER;
(D) ONE REPRESENTATIVE OF INDUSTRIAL OR
COMMERCIAL CONSUMERS OF ELECTRIC ENERGY; AND
(E) ONE REPRESENTATIVE OF ENVIRONMENTAL
INTEREST ORGANIZATIONS THAT ARE ACTIVELY INVOLVED IN ELECTRIC
UTILITY MATTERS.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-21 by Sen. Hernandez--Vehicular Homicide Penalty
Amendment No. 1, Appropriations Committee Amendment
(Printed in Senate Journal, April 9, page 744.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 98-10 by Sen. Ament--Water Quality Permit Fees
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, January 23, pages 85-86.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, April 9, pages 744-745.)
As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.
The following bills on the General Orders calendar
of Tuesday, April 14, were laid over until Wednesday, April 15,
retaining their place on the calendar:
SB 98-182, 98-4; HB 98-1272; SB 98-158; HB 98-1256;
SB 98-62, 98-68, 98-138, 98-170; HB 98-1228, 98-1379.
AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE
WHOLE
HB 98-1402 by Rep. Grampsas; Senator Lacy--Capital
Construction Fund Transfers
Senator Thiebaut moved to amend the Report of the
Committee of the Whole to show that the Lacy floor amendment to
HB 98-1402 as amended, did pass.
Call of Call of Senate.
Senate
Call Raised.
The amendment was declared lost by the following roll call vote:
YES 13 | NO 21 | EXCUSED 1 | ABSENT 0 | ||||
Alexander | N | Feeley | Y | Mutzebaugh | NE | Tanner | Y |
Ament | N | Hernandez | Y | Pascoe | Y | Tebedo | N |
Arnold | N | Hopper | N | Perlmutter | E | Thiebaut | Y |
Bishop | NY | Johnson | N | Phillips | N | Wattenberg | Y |
Blickensderfer |
N | Lacy | N | Powers | N | Weddig | Y |
Chlouber | N | Lamborn | N | Reeves | N | Wells | N |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | N |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Dennis | Y | Matsunaka | Y | Schroeder | N |
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Wattenberg, the Report of the
Committee of the Whole was adopted and, a majority of all members
elected having voted in the affirmative, the following action
was taken:
HB 98-154, declared passed on Second Reading.
SB 98-53 as amended, 98-41 as amended, 98-29 as amended, 98-22 as amended, 98-152 as amended, 98-21 as amended, 98-10 as amended; HB 98-1189 as amended, 98-1402 as amended, declared passed on Second Reading.
SB 98-182, 98-4; HB 98-1272; SB 98-158; HB 98-1256;
SB 98-62, 98-68, 98-138, 98-170; HB 98-1228, 98-1379, laid over
until Wednesday, April 15, retaining their place on the calendar.
COMMITTEE REPORT
Capitol After review, the committee recommends that the following be referred favorably to the Development Committee on Agriculture, Natural Resources and Energy: SB 98-191
Committee
COMMITTEE OF REFERENCE REPORTS
Education The Committee on Education has had under
consideration and has had a hearing on the following appointments
and recommends that the appointments be confirmed:
UNIVERSITY OF COLORADO HOSPITAL AUTHORITY
BOARD OF DIRECTORS
James T. Moran, J.D., as a resident of the Third
Congressional District, for a term effective October 1, 1997,
and expiring on September 30, 2001;
Douglas L. Polson, a resident and representative
of the Fifth Congressional District, effective October 1, 1996
through September 30, 1999;
Michael A. Leprino, a resident and representative
of the Sixth Congressional District, effective March 21, 1996
through September 30, 1999.
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB 98-1171
Health, After consideration on the merits, the committee recommends that HB 98-1072 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend reengrossed bill, strike everything below the
enacting clause, and substitute the following:
"SECTION 10 Repeal. 2434104
(27) (a) (IV), Colorado Revised Statutes, is repealed as follows:
2434104. General assembly
review of regulatory agencies and functions for termination, continuation,
or reestablishment. (27) (a) The
following boards in the division of registrations shall terminate
on July 1, 1998:
(IV) Boards
relating to the licensing of and grievances against any person
regulated or licensed pursuant to the provisions of article 43
of title 12, C.R.S., and created pursuant to article 43 of title
12, C.R.S.
SECTION 20 2434104
(34), Colorado Revised Statutes, 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. (34) The
following agencies, functions, or both, shall terminate on July
1, 2004:
(g) NOTWITHSTANDING PARAGRAPH (a) OF SUBSECTION
(11) OF THIS SECTION, BOARDS RELATING TO THE LICENSING OF AND
GRIEVANCES AGAINST ANY PERSON REGULATED, REGISTERED, OR LICENSED
PURSUANT TO THE PROVISIONS OF ARTICLE 43 OF TITLE 12, C.R.S.,
AND CREATED PURSUANT TO ARTICLE 43 OF TITLE 12, C.R.S.
SECTION 30 1243101,
Colorado Revised Statutes, is amended to read:
1243101. Legislative declaration.
The general assembly hereby finds and declares
DETERMINES 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, 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, licensed professional counselors,
and certified school psychologists.
THE GENERAL ASSEMBLY THEREFORE DECLARES THAT THERE SHALL BE ESTABLISHED
A STATE BOARD OF PSYCHOLOGIST EXAMINERS, A STATE BOARD OF SOCIAL
WORK EXAMINERS, A STATE BOARD OF MARRIAGE AND FAMILY THERAPIST
EXAMINERS, AND A STATE BOARD OF LICENSED PROFESSIONAL COUNSELOR
EXAMINERS WITH THE AUTHORITY TO LICENSE AND TAKE DISCIPLINARY
ACTIONS OR BRING INJUNCTIVE ACTIONS, OR BOTH, CONCERNING LICENSED
PSYCHOLOGISTS, LICENSED AND REGISTERED SOCIAL WORKERS, LICENSED
MARRIAGE AND FAMILY THERAPISTS, AND LICENSED PROFESSIONAL COUNSELORS,
RESPECTIVELY. THERE SHALL ALSO BE A STATE GRIEVANCE BOARD WITH
THE AUTHORITY TO TAKE DISCIPLINARY ACTIONS OR BRING INJUNCTIVE
ACTIONS, OR BOTH, CONCERNING UNLICENSED PSYCHOTHERAPISTS.
HB 98-1072
(Cont.)
SECTION 40 1243201
(1), (4), (5), (6), (7), (8), and (10), Colorado Revised Statutes,
are amended, and the said 1243201 is further amended
BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
1243201. Definitions.
As used in this part 2, unless the context otherwise requires:
(1) "Board" includes the Colorado
state board of psychologist examiners, the state board of social
work examiners, the state board of licensed professional counselor
examiners, and
the state board of marriage and family therapist examiners, AND
THE STATE GRIEVANCE BOARD.
(4) "Licensed
clinical social worker" means a person who practices psychotherapy
and who is a clinical social worker licensed pursuant to the provisions
of this article.
(5) "Licensed professional counselor"
means a person who practices psychotherapy
and who is a professional counselor
licensed pursuant to the provisions
of this article.
(5.5) "LICENSED SOCIAL WORKER"
MEANS A PERSON WHO:
(a) IS A LICENSED SOCIAL WORKER, LICENSED
INDEPENDENT SOCIAL WORKER, OR LICENSED CLINICAL SOCIAL WORKER;
AND
(b) IS LICENSED PURSUANT TO THIS ARTICLE.
(6) "Licensee" means a psychologist,
clinical
social worker, marriage and family therapist, or licensed professional
counselor licensed OR REGISTERED pursuant to the
provisions of this article.
(7) "Marriage and family therapist"
means a person who practices psychotherapy
and who is a marriage and family
therapist 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.
(9.3) "REGISTRANT" MEANS
A SOCIAL WORKER REGISTERED PURSUANT TO THIS ARTICLE.
(9.5) "REGULATED" MEANS
A PERSON WHO IS LISTED IN THE STATE GRIEVANCE BOARD DATA BASE.
(10) "Unlicensed psychotherapist"
means any person whose primary practice is psychotherapy or who
holds himself OR HERSELF out to the public as being able to practice
psychotherapy for compensation and who is not a
certified school psychologist or who is not
licensed under this title to practice psychotherapy. UNLICENSED
PSYCHOTHERAPIST" ALSO MEANS A PERSON WHO IS A CERTIFIED
OR LICENSED SCHOOL PSYCHOLOGIST, CERTIFIED PURSUANT TO SECTION
2260104 (1) (e), C.R.S., OR LICENSED PURSUANT SECTION
2260.5210 (1) (b), C.R.S., AND WHO IS PRACTICING OUTSIDE
OF A SCHOOL SETTING.
SECTION 50 1243202,
Colorado Revised Statutes, is amended to read:
1243202. Practice outside
of or beyond professional training, experience, or competence.
Notwithstanding any other provision of this article, no certified
school psychologist, licensee, REGISTRANT,
or unlicensed psychotherapist is authorized to practice psychotherapy
outside of or beyond his OR HER area of training, experience,
or competence.
SECTION 60 1243203
(2) (a), (3.5), (4), (8), and (11), Colorado Revised Statutes,
are amended to read:
HB 98-1072
(Cont.)
1243203. Boards
meetings duties powers removal of members.
(2) (a) Each board shall annually hold a meeting
and elect from its membership a chairperson and vicechairperson.
Each board shall meet at such times as it deems necessary or advisable
or as deemed necessary and advisable by the chairperson, a majority
of its members, or the governor. In order to promote the sharing
of information, problems, ideas, research, and potential solutions
or policy directions with regard to regulating the practice of
PSYCHOLOGY, SOCIAL WORK, MARRIAGE AND FAMILY THERAPY, COUNSELING,
AND psychotherapy in Colorado, the chairpersons of the boards
shall coordinate periodic meetings of the boards in joint session
for the discussion of policies related to the regulation of the
practice of psychotherapy. Such joint meetings shall be held in
conjunction with regular meetings of the boards. Reasonable notice
of all meetings shall be given in the manner prescribed by each
board. A majority of each board shall constitute a quorum at any
meeting or hearing.
(3.5) In carrying out its duties related
to the approval of applications for licensure pursuant to this
section, section 1243212, and parts 3, 4, 5, and
6, AND 7 of this article, each board shall delegate the function
of the preliminary review and approval of applications to the
staff of each such board, with approval of such applications ratified
by action of each such board. Each board, in its sole discretion,
may individually review any application requiring board consideration
prior to the approval thereof pursuant to section 1243212
and parts 3, 4, 5, and
6, AND 7 of this article.
(4) Each board shall maintain current
lists of the names of all licensees, REGISTRANTS, AND UNLICENSED
PSYCHOTHERAPISTS and records of cases and decisions rendered by
the board. In addition, each board shall keep an accurate record
of the results of all examinations for at least five years subsequent
to the date of the examination. The
grievance board may request such lists or records if it deems
such information necessary to perform its powers and duties.
(8) Each board
shall transmit to the grievance board information it receives
of any violations of the provisions of this article pertaining
to licensees, unlicensed psychotherapists, or certified school
psychologists.
(11) (a) A professional review committee
may be established pursuant to this subsection (11) to investigate
the quality of care being given by a person licensed, REGISTERED,
OR REGULATED pursuant to this article. If such a committee is
established, it shall include in its membership at least three
persons licensed, REGISTERED, OR REGULATED under either part 3,
4, 5, or
6, OR 7 of this article, whichever is applicable, and such persons
shall be licensees, REGISTRANTS, OR UNLICENSED PSYCHOTHERAPISTS
in the same profession as the licensee, REGISTRANT, OR UNLICENSED
PSYCHOTHERAPIST who is the subject of a professional review proceeding,
but such committee may be authorized to act only by a society
or an association of persons licensed, REGISTERED, OR REGULATED
pursuant to this article whose membership includes not less than
onethird of the persons licensed, REGISTERED, OR REGULATED
pursuant to part 3, 4, 5, or
6, OR 7 of this article, whichever is applicable, residing in
this state if the licensee, REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST
whose services are the subject of review is a member of such society
or association.
(b) 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
THE LICENSED, REGISTERED, OR REGULATED PERSON 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.
SECTION 70 1243204
(3), (3.5), and (4), Colorado Revised Statutes, are amended to
read:
HB 98-1072
(Cont.)
1243204. Fees renewal.
(3) Every person licensed OR REGISTERED to practice
psychology, clinical
social work, marriage and family therapy, or professional counseling,
OR LISTED IN THE STATE GRIEVANCE BOARD DATA BASE, 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
SUCH PERSON to continue his
TO practice in this state. No fee received from licensees, REGISTRANTS,
OR UNLICENSED PSYCHOTHERAPISTS seeking renewal shall be refunded.
The EACH
board shall establish renewal fees and schedules subject to the
provisions of section 2434102 (8), C.R.S.
(3.5) The director of the division of
registrations shall coordinate fee setting pursuant to this section
so that all licensed
LICENSEES, REGISTRANTS, and unlicensed psychotherapists pay fees
as required by this section and section
1243220 (1). Fees set pursuant to this section for
application, examination, licensing and renewal of such licenses
for psychologists, licensed clinical social workers, marriage
and family therapists, and licensed professional counselors shall
be as uniform as possible. The fee set by the grievance board
for all psychotherapists required to be listed in the state directory
pursuant to section 1243220 (1) shall be uniform for
all persons required to comply. Unlicensed psychotherapists shall
also pay a fee reflecting the direct and indirect costs of the
grievance activities. The above fees shall not apply to certified
school psychologists, certified alcohol and drug abuse counselors,
or certified domestic violence counselors; however, if in a grievance
action brought against such counselors the state prevails, the
costs and attorney fees of that action shall be assessed against
the certified counselor involved. The above fees shall be used
to fund the costs of the whole program, including the costs of
the grievance board in carrying out its powers and duties under
part 7 of this article. SECTION 1243702.5
(1). THE FEES FOR RENEWAL OF LICENSES OR REGISTRATIONS FOR PSYCHOLOGISTS,
SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS, AND PROFESSIONAL
COUNSELORS AND FOR LISTING IN THE DATA BASE FOR UNLICENSED PSYCHOTHERAPISTS
PURSUANT TO THIS SECTION SHALL BE UNIFORM.
(4) Any license OR REGISTRATION issued
by a board OR ANY LISTING IN THE STATE GRIEVANCE BOARD DATA BASE
shall expire by operation of law for failure of
the licensee to timely renew his
SUCH license, REGISTRATION, OR LISTING IN THE STATE GRIEVANCE
BOARD DATA BASE. Upon compliance with this section and applicable
rules and regulations regarding renewal, including the payment
of a renewal fee plus a late payment fee established pursuant
to section 2434105, C.R.S., the expired license, REGISTRATION,
OR LISTING shall be reinstated; except that no license OR REGISTRATION
to practice psychology, clinical
social work, marriage and family therapy, or professional counseling
which
THAT has not been renewed for a period of time greater than two
years shall be reinstated upon application for reinstatement unless
the applicant demonstrates his
continued professional competence to the board to which such applicant
is applying for reinstatement.
SECTION 80 1243206,
Colorado Revised Statutes, 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
THAT are substantially equivalent to the requirements of section
1243303, 1243403,
1243503, 1243304,
1243404, 1243504, 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 90 1243208,
Colorado Revised Statutes, is amended to read:
HB 98-1072
(Cont.)
1243208. Drugs medicine.
Nothing in this article shall be construed as permitting psychologists,
clinical
social workers, marriage and family therapists, and professional
counselors licensed OR REGISTERED 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 100 1243209,
Colorado Revised Statutes, is amended to read:
1243209. Collaborate with
physician. A licensee, REGISTRANT, 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, REGISTRANT, OR
unlicensed psychotherapist or certified
school psychologist shall not diagnose,
prescribe for, treat, or advise a client with reference to medical
problems.
SECTION 110 The introductory portions
to 1243211 (1) and (1) (b) and 1243211
(1) (b) (II), (1) (b) (III), (2), and (3), Colorado Revised Statutes,
are amended to read:
1243211. Professional service
corporations for the practice of psychology, 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), 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)
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
(III) The practice of social work by the
professional service corporation is performed by a licensed clinical
social worker acting independently or under the supervision of
a person licensed pursuant to this article or a licensed clinical
social worker. Any licensed clinical
social worker member of the professional service corporation remains
individually responsible for his OR HER professional acts and
conduct as provided elsewhere in this article; or
(2) The corporation shall do nothing which
THAT, if done by a licensee or certified
school psychologist and employed
by it, would violate the provisions of section
1243704 (1) SECTION 1243222
(1). Any violation of this section by the corporation shall be
grounds for the
grievance
A board to discipline any licensee or
certified school psychologist pursuant
to section 1243705
SECTION 1243224.
(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) SECTION 1243222
(1). Any licensee or certified school
psychologist who by act or omission
causes the corporation to act or fail to act in a way which
THAT violates the provisions of section
1243704 (1) SECTION 1243222
(1) or any provision of this section shall be deemed personally
responsible for such act or omission and shall be subject to discipline
THEREFOR by the grievance
board. therefor.
HB 98-1072
(Cont.)
SECTION 12. 1243212
(3), Colorado Revised Statutes, is amended to read:
1243212. Denial of license
renewal. (3) If a board
has any reason to believe that or receives any information that
an applicant, renewal applicant, or reinstatement applicant has
done any of the acts set forth in section
1243704 (1) SECTION 1243222
(1) as grounds for discipline, the
board shall refer the matter to the grievance board. If the grievance
board finds no basis to deny the license, it shall notify the
board and the board may grant a license to the applicant, renewal
applicant, or reinstatement applicant
THE BOARD MAY DENY A LICENSE TO THE APPLICANT, RENEWAL APPLICANT,
OR REINSTATEMENT APPLICANT IF THE BOARD DETERMINES THAT THERE
IS A BASIS FOR SUCH DENIAL. The order of the board to grant or
deny such license shall be the final agency action.
SECTION 13. The
introductory portion to 1243214 (1) and 1243214
(1) (a), (1) (d) (III), and (1) (d) (IV), Colorado Revised Statutes,
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, licensee, or
certified school psychologist, when such unlicensed psychotherapist,
licensee, or certified school psychologist is practicing outside
the school setting, OR REGISTRANT
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, licensee, or certified
school psychologist REGISTRANT;
(d) A statement indicating that:
(III) In a professional relationship,
sexual intimacy is never appropriate and should be reported to
the grievance
board THAT REGULATES, REGISTERS, OR LICENSES SUCH UNLICENSED PSYCHOTHERAPIST,
REGISTRANT, OR LICENSEE;
(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, professional counselors, and
psychologists, and certified school
psychologists, AND UNLICENSED PSYCHOTHERAPISTS,
except as provided in section 1243218 and except for
certain legal exceptions which
THAT will be identified by the licensee, or
certified school psychologist REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST should any such situation arise
during therapy.
SECTION 14. 1243215
(1) and (8), Colorado Revised Statutes, are 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 OR HERSELF out to the
public by any title incorporating the terms "psychologist",
"SOCIAL WORKER", "REGISTERED SOCIAL WORKER",
"RSW", "LICENSED SOCIAL WORKER",
"LSW", "LICENSED INDEPENDENT SOCIAL
WORKER", "LISW", "licensed clinical
social worker", "clinical social worker", "LCSW",
"licensed marriage and family therapist", "LMFT",
"licensed professional counselor", "certified
school psychologist", or "CSP"
OR "LPC", unless that person has been licensed
pursuant to this article. or certified
as a certified school psychologist.
(8) The provisions of section
1243220 SECTION 1243702.5
shall not apply to employees of community mental health centers
as those centers are defined by section 271201, C.R.S.,
but such persons practicing psychotherapy
outside the scope of employment as employees of a facility defined
by section 271201, C.R.S., shall be subject to the
provisions of section 1243220
SECTION 1243702.5.
SECTION 15. 1243216, Colorado Revised Statutes, is amended to read:
HB 98-1072
(Cont.)
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
OR REGISTERED under this article. Except as provided in section
1243304 (5)
1243306 (3), 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", "SOCIAL
WORKER", "REGISTERED SOCIAL WORKER",
"RSW", "LICENSED SOCIAL WORKER",
"LSW", "LICENSED INDEPENDENT SOCIAL
WORKER", "LISW", "marriage and
family therapist", "LMFT", "professional counselor",
"LPC", "psychologist", "psychology",
or "psychological", and he
NO OTHER PERSON shall not
state or imply that he OR SHE is licensed OR REGISTERED to practice
clinical
social work, marriage and family therapy, professional counseling,
or psychology. Nothing in this section shall prohibit a person
from stating or using the educational degrees which
he THAT SUCH PERSON has obtained.
SECTION 16. 1243218
(1), (2) (a), and (2) (b), the introductory portion to 1243218
(2) (c), and 1243218 (2) (c) (I), (2) (c) (II), and
(3), Colorado Revised Statutes, are amended to read:
1243218. Disclosure of
confidential communications. (1) A
licensee, LICENSED or certified school psychologist, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST shall not disclose, without the
consent of his
THE client, any confidential communications made by the client,
to him,
or his
advice given thereon, in the course of professional employment;
nor shall a licensee's, LICENSED or certified school psychologist's,
REGISTRANT'S, OR UNLICENSED PSYCHOTHERAPIST'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, LICENSED or certified school psychologist, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST, 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, LICENSED or certified school psychologist, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST on any cause of action arising out
of or connected with the care or treatment of such client by the
licensee, LICENSED or certified school psychologist, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST;
(b) A licensee, LICENSED or certified
school psychologist, REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST
was in consultation with a physician, registered professional
nurse, licensee, LICENSED or certified school psychologist, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST 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,
LICENSED or certified school psychologist, REGISTRANT, OR UNLICENSED
PSYCHOTHERAPIST is conducted by any of the following:
(I) The grievance
A 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, LICENSED or certified school psychologist,
REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST 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
HB 98-1072
(Cont.)
(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
grievance A 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 1243705 (4)
SECTION 1243224 (4).
SECTION 17. Repeal of provisions
being relocated in this act. 1243220,
Colorado Revised Statutes, is repealed.
SECTION 18. Part
2 of article 43 of title 12, Colorado Revised Statutes, is amended
BY THE ADDITION OF THE FOLLOWING NEW SECTIONS CONTAINING RELOCATED
PROVISIONS, WITH AMENDMENTS, to read:
1243221. [Formerly 1243703] Powers
and duties of the boards. (1) In
addition to all other powers and duties conferred and imposed
upon the grievance board
BOARDS, AS DEFINED IN SECTION 1243201 (1), by this
article, the grievance board has
EACH BOARD HAS the following powers and duties WITH RESPECT TO
THE LICENSING, REGISTRATION, AND REGULATION OF THE PERSONS LICENSED,
REGISTERED, OR LISTED BY EACH INDIVIDUAL BOARD PURSUANT TO PART
3, 4, 5, 6, OR 7 OF THIS ARTICLE:
(a) To annually elect one of its members
as chairman
CHAIRPERSON and one as vicechairman.
It VICECHAIRPERSON. EACH BOARD
may meet at such times and adopt such rules for its government
as it deems proper.
(b) To 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 grievance
EACH board and, in connection with any investigation or hearing
and through any member or an administrative law judge, to 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 the district court. Subpoenas issued on
behalf of the
A board may be signed by the
SUCH BOARD'S program administrator.
(c) To 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 to report to the appropriate
district attorney any violation of this article which
THAT it reasonably believes involves a criminal violation;
(d) To take disciplinary actions in conformity
with this article;
(e) Through the department of regulatory
agencies and subject to appropriations made to the department
of regulatory agencies, to employ administrative law judges on
a fulltime or parttime basis to conduct any hearings
required by this article. The administrative law judges shall
be appointed pursuant to part 10 of article 30 of title 24, C.R.S.
(f) To notify the public of all disciplinary
actions taken against licensees, or
certified school psychologists and
REGISTRANTS, OR 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, 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.
HB 98-1072
(Cont.)
(2) Pursuant to this part
7 PART 2 and article 4 of title 24,
C.R.S., the grievance
EACH 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 part
7 PART 2 WITH RESPECT TO THE REGULATION
OF THE PERSONS LICENSED, REGISTERED, OR REGULATED BY EACH INDIVIDUAL
BOARD PURSUANT TO PART 3, 4, 5, 6, OR 7 OF THIS ARTICLE.
1243222. [Formerly 1243704] Prohibited
activities related provisions.
(1) A person practicing
psychotherapy under this article
LICENSED, REGISTERED, OR REGULATED UNDER PART 3, 4, 5, 6, OR 7
OF THIS ARTICLE is in violation of this article if he
SUCH PERSON:
(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
UNDER THIS ARTICLE. 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 grievance
EACH 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 a board established
pursuant to this article;
(c) Has used advertising which
THAT is misleading, deceptive, or false;
(d) (I) Has committed abuse of health
insurance pursuant to section 1813119, C.R.S.;
(II) Has advertised through newspapers,
magazines, circulars, direct mail, directories, radio, television,
or otherwise that the person 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), or any alcoholic beverage;
(f) Has a physical or mental disability
which
THAT renders him
SUCH PERSON unable to treat CLIENTS with reasonable skill and
safety his clients
or which
THAT may endanger the health or safety of persons under his
SUCH PERSON'S care;
(g) Has acted or failed to act in a manner
which
THAT does not meet the generally accepted standards of his
practice THE PROFESSIONAL DISCIPLINE
UNDER WHICH SUCH PERSON PRACTICES. 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
his SUCH
PERSON'S area of training, experience, or competence;
(I) Has maintained relationships with
clients that are likely to impair his
SUCH PERSON'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 practitioner or a third party;
(k) Has failed to terminate a relationship
with a client when it was reasonably clear that the client was
not benefiting from the relationship and is not likely to gain
such benefit in the future;
(l) Has failed to refer a client to an
appropriate practitioner when the problem of the client is beyond
his SUCH
PERSON'S training, experience, or competence;
(l.5) (m) Has
failed to obtain a consultation or perform a referral when such
failure is not consistent with generally accepted standards of
care;
HB 98-1072
(Cont.)
(m) (n) Has
failed to render adequate professional supervision of persons
practicing psychotherapy
PURSUANT TO THIS ARTICLE under his
SUCH PERSON'S supervision according to generally accepted standards
of practice;
(n) (o) Has
accepted commissions or rebates or other forms of remuneration
for referring clients to other professional persons;
(o) (p) Has
failed to comply with any of the requirements pertaining to mandatory
disclosure of information to clients pursuant to section 1243214;
(p) (q) Has
offered or given commissions, rebates, or other forms of remuneration
for the referral of clients. Notwithstanding this provision, a
licensee, certified school psychologist,
REGISTRANT, or unlicensed psychotherapist may pay an independent
advertising or marketing agent compensation for advertising or
marketing services rendered on his
SUCH PERSON'S behalf by such agent, including compensation which
THAT is paid for the results of performance of such services on
a per patient basis.
(q) (r) 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) (s) Has
resorted to fraud, misrepresentation, or deception in applying
for or in securing licensure or taking any examination provided
for in this article;
(s) (t) Has
engaged in any of the following activities and practices:
(I) Willful and repeated ordering or performance,
without clinical justification, of demonstrably unnecessary laboratory
tests or studies;
(II) The administration, without clinical
justification, of treatment which
THAT is demonstrably unnecessary; or
(III) Ordering or performing, without
clinical justification, any service, X ray, or treatment which
THAT is contrary to the generally accepted standards of his
SUCH PERSON'S practice;
(t) (u) Has
falsified or repeatedly made incorrect essential entries or repeatedly
failed to make essential entries on patient records; or
(u) (v) Has
committed a fraudulent insurance act, as defined
SET FORTH in section 101127, C.R.S.
(2) A disciplinary action relating to
a license, REGISTRATION, OR LISTING to practice a profession licensed,
REGISTERED, OR LISTED under PART 3, 4, 5, 6, OR 7 OF 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 grievance
A 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.
(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.
HB 98-1072
(Cont.)
1243223. [Formerly 1243704.5] Authority
of licensing boards and the grievance board cease and desist
orders. (1) If a licensee,
REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST has violated any of
the provisions of section 1243704
SECTION 1243222, the grievance
board THAT LICENSES, REGISTERS, OR REGULATES SUCH LICENSEE, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST may deny, revoke, or suspend any
license OR REGISTRATION OR THE LISTING OF ANY UNLICENSED PSYCHOTHERAPIST
IN THE GRIEVANCE BOARD DATA BASE; issue a letter of admonition
to a licensee, REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST; ISSUE
A CONFIDENTIAL LETTER OF CONCERN TO A LICENSEE, REGISTRANT, OR
UNLICENSED PSYCHOTHERAPIST; place a licensee, REGISTRANT, OR UNLICENSED
PSYCHOTHERAPIST on probation, or apply for an injunction pursuant
to section 1243708
SECTION 1243227 to enjoin a licensee, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST from practicing the profession for
which he
SUCH PERSON is licensed, REGISTERED, OR REGULATED under this article.
(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.
(3) If an unlicensed psychotherapist violates
any of the provisions of section 1243704
SECTION 1243222, the grievance board may REFUSE TO
INCLUDE, OR permanently or for a set period of time strike the
name of such psychotherapist from, the data base maintained pursuant
to section 1243220
SECTION 1243702.5, issue a letter of admonition to
such unlicensed psychotherapist, or
place such unlicensed psychotherapist on probation, or apply for
an injunction pursuant to section
1243708 SECTION 1243227
to enjoin such unlicensed psychotherapist from practicing psychotherapy.
(4) (a) If, as a result of an investigation
of a complaint by any person or of an investigation on its own
motion, the grievance
A board determines that any person is acting or has acted in violation
of section 1243704
SECTION 1243222, and the
grievance SUCH board determines that
any such violation creates an emergency condition which
THAT may affect the health, safety, or welfare of any person,
the grievance
board may issue an order to cease and desist such activity. The
order shall set forth the statutes and rules and
regulations alleged to have been
violated, the facts alleged to have constituted the violation,
and the requirement that all unlawful acts IMMEDIATELY cease.
forthwith.
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 (4) 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 grievance
ORDERING 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.
(c) No stay of a cease and desist order
shall be issued before
UNTIL AFTER a hearing thereon
involving both parties HAS BEEN HELD.
1243224. [Formerly 1243705] Disciplinary
proceedings judicial review mental and physical
examinations multiple licenses.
(1) (a) A proceeding for discipline of a licensee,
or certified school psychologist
REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST may be commenced when
the grievance
board THAT LICENSES, REGISTERS, OR REGULATES SUCH LICENSEE, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST has reasonable grounds to believe
that a licensee, or certified school
psychologist REGISTRANT, OR UNLICENSED
PSYCHOTHERAPIST under the grievance
SUCH board's jurisdiction has committed any act or failed to act
pursuant to the grounds established in section
1243704 SECTION 1243222
OR 1243226.
HB 98-1072
(Cont.)
(b) A LICENSEE, REGISTRANT, OR UNLICENSED
PSYCHOTHERAPIST WHO HOLDS MORE THAN ONE LICENSE, REGISTRATION,
OR LISTING PURSUANT TO THIS ARTICLE, WHO HAS COMMITTED ANY ACT
OR FAILED TO ACT PURSUANT TO THE GROUNDS ESTABLISHED IN SECTION
1243222 OR 1243226, SHALL BE SUBJECT TO
DISCIPLINARY ACTION BY ALL BOARDS THAT LICENSE, REGISTER, OR REGULATE
SUCH PERSON PURSUANT TO THIS ARTICLE. THE FINDINGS, CONCLUSIONS,
AND FINAL AGENCY ORDER OF THE FIRST BOARD TO TAKE DISCIPLINARY
ACTION PURSUANT TO THIS SECTION AGAINST THE LICENSEE, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST, OR ANY DISCIPLINARY ACTION TAKEN
BY THE STATE GRIEVANCE BOARD AS IT EXISTED PRIOR TO JULY 1, 1998,
SHALL BE PRIMA FACIE EVIDENCE AGAINST SUCH PERSON IN ANY SUBSEQUENT
DISCIPLINARY ACTION TAKEN BY ANOTHER BOARD CONCERNING THE SAME
ACT OR SERIES OF ACTS.
(c) IF A LICENSEE, REGISTRANT, OR UNLICENSED
PSYCHOTHERAPIST, WHO MAKES APPLICATION FOR A LICENSE, REGISTRATION,
OR LISTING PURSUANT TO THIS ARTICLE, HAS BEEN DISCIPLINED BY ANY
BOARD CREATED PURSUANT TO THIS ARTICLE, OR THE STATE GRIEVANCE
BOARD AS IT EXISTED PRIOR TO JULY 1, 1998, THE FINDINGS, CONCLUSIONS,
AND FINAL AGENCY ORDER OF THE FIRST BOARD TO TAKE DISCIPLINARY
ACTION PURSUANT TO THIS SECTION AGAINST THE LICENSEE, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST SHALL BE PRIMA FACIE EVIDENCE AGAINST
SUCH PERSON IN ANY SUBSEQUENT APPLICATION MADE FOR A LICENSE,
REGISTRATION, OR LISTING TO ANY OTHER BOARD CREATED PURSUANT TO
THIS ARTICLE.
(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 grievance
EACH 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 grievance
board's jurisdiction upon such conditions and terms as the
grievance SUCH board may determine.
The grievance
A board may elect to refer a case for formal hearing to an administrative
law judge, with or without an assigned advisor from the
grievance board or other SUCH board.
If the grievance
A board so elects to refer a case with an assigned advisor and
such advisor is a member of the grievance
board, he
THE ADVISOR shall be excluded from the
grievance board SUCH BOARD'S 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 or certified
school psychologist's REGISTRANT'S
right to use his
A title as provided in section 1243304
(5) (a) shall be denied, revoked,
or suspended by the grievance
ANY board, nor shall a licensee, or
certified school psychologist REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST be placed on probation BY ANY BOARD
pursuant to the grounds established in section
1243704 SECTIONS 1243222
AND 1243226, 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 REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST 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 REGISTRANT, OR
UNLICENSED PSYCHOTHERAPIST violates paragraph (e) of this subsection
(2), in which case, the grievance
board THAT LICENSES, REGISTERS, OR REGULATES SUCH LICENSEE, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST PURSUANT TO THIS ARTICLE is empowered
to summarily suspend his
SUCH PERSON'S license, or the certified
school psychologist's right to use his title as provided in section
1243304 (5) (a), REGISTRATION,
OR LISTING subject to the limitation of section 244104,
C.R.S.
HB 98-1072
(Cont.)
(d) If the
A board has reasonable cause to believe that a licensee, or
certified school psychologist REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST WHOM SUCH BOARD LICENSES, REGISTERS,
OR REGULATES PURSUANT TO THIS ARTICLE is unable to practice with
reasonable skill and safety to patients, it may require such licensee,
or certified school psychologist
REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST to submit to mental
or physical examinations designated by the board. Upon the failure
of such licensee, or certified school
psychologist REGISTRANT, OR UNLICENSED
PSYCHOTHERAPIST to submit to such mental or physical examinations,
unless he
SUCH PERSON shows good cause for such failure, the board may act
pursuant to paragraph (c) of this subsection (2) or enjoin a certified
school psychologist, REGISTRANT,
UNLICENSED PSYCHOTHERAPIST, or licensee pursuant to section
1243708 SECTION 1243227
until such time as he
SUCH PERSON submits to the required examinations.
(e) Every licensee, or
certified school psychologist REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST shall be deemed to have given his
consent to submit to mental or physical examinations when directed
in writing by the board THAT LICENSES, REGISTERS, OR REGULATES
SUCH LICENSEE, REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST PURSUANT
TO THIS ARTICLE and to have waived all objections to the admissibility
of the examiner's testimony or examination reports on the ground
of privileged communication.
(f) The results of any mental or physical
examination ordered by the
A board may be used as evidence in any proceeding initiated by
the A
board or within the
THAT board's jurisdiction in any forum.
(3) Disciplinary actions may consist of
the following:
(a) Revocation of a license or registration.
(I) Revocation of a license by the
grievance A board shall mean that
the licensee shall surrender his
SUCH PERSON'S 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.
REVOCATION OF A REGISTRATION OF A REGISTERED SOCIAL WORKER BY
THE STATE BOARD OF SOCIAL WORK EXAMINERS SHALL MEAN THAT THE REGISTRANT
SHALL SURRENDER HIS OR HER CERTIFICATE OF REGISTRATION WITHIN
A PERIOD OF THIRTY DAYS.
(II) Any person whose license OR REGISTRATION
to practice is revoked OR WHOSE LISTING HAS BEEN STRICKEN FROM
THE DATA BASE BY THE GRIEVANCE BOARD is rendered ineligible to
apply for any license, REGISTRATION, OR LISTING issued under this
article until more than three years have elapsed from the date
of surrender of the license OR CERTIFICATE OF REGISTRATION OR
OF THE LISTING BEING STRICKEN FROM THE DATA BASE. Any reapplication
after such threeyear period shall be treated as a new application.
(b) Suspension of a license, registration,
or listing. Suspension of a license OR A REGISTRATION OF A
REGISTERED SOCIAL WORKER OR A LISTING or
a certified school psychologist's right to use his title as provided
in section 1243304 (5) (a)
by the grievance
board THAT LICENSES, REGISTERS, OR REGULATES SUCH LICENSEE, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST PURSUANT TO THIS ARTICLE shall be
for a period to be determined by the
grievance SUCH board.
(c) Probationary status. Probationary
status may be imposed by the grievance
A board. If the grievance
A board places a licensee, or certified
school psychologist REGISTRANT, OR
UNLICENSED PSYCHOTHERAPIST 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 REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST 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 REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST to such examinations as the
grievance A board may order to determine
his SUCH
PERSON'S physical or mental condition or his
professional qualifications;
(II) The taking by him
SUCH PERSON 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;
HB 98-1072
(Cont.)
(III) Such review or supervision of his
SUCH PERSON'S practice as may be necessary to determine the quality
of his
THAT practice and to correct deficiencies therein; and
(IV) The imposition of restrictions upon
the nature of his
SUCH PERSON'S practice to assure that he OR SHE does not practice
beyond the limits of his OR HER capabilities.
(d) Issuance of letters of admonition.
Such letters shall be sent by certified mail to the licensee,
or certified school psychologist
REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST against whom a complaint
was made. The letter shall advise the licensee, or
certified school psychologist REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST that he OR SHE may, within twenty
days after receipt of the letter, make a written request to the
grievance
board THAT ISSUED THE LETTER to institute formal disciplinary
proceedings in order to formally adjudicate the conduct or acts
on which the letter was based.
(e) Issuance of confidential letters
of concern. SUCH LETTERS SHALL BE SENT BY REGISTERED MAIL
TO THE LICENSEE, REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST AGAINST
WHOM A COMPLAINT WAS MADE. THE LETTER SHALL ADVISE THE LICENSEE,
REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST THAT THE BOARD IS CONCERNED
ABOUT A COMPLAINT THAT THE BOARD HAS RECEIVED ABOUT THE LICENSEE,
REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST AND WHAT ACTION, IF
ANY, THE LICENSEE, REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST SHOULD
TAKE TO ASSUAGE THE BOARD'S CONCERN. LETTERS OF CONFIDENTIAL CONCERN
SHALL BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO MEMBERS OF
THE PUBLIC OR IN ANY COURT ACTION UNLESS THE BOARD IS A PARTY.
(4) Complaints, investigations, hearings,
meetings, or any other proceedings of the
grievance A 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
A board, or an administrative law judge acting on behalf of the
grievance A 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 REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST is violating section
1243704 (1) (e) SECTION
1243222 (1) (e), the licensee, or
certified school psychologist REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST 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
REGISTRANT, OR UNLICENSED PSYCHOTHERAPIST has not violated any
provisions of the grievance board
BOARD'S order regarding his
SUCH PERSON'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.
(5) Final grievance
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 grievance
board order may be instituted in accordance with section 244106
(11), C.R.S.
(6) Any person
participating in good faith in the making of a complaint or report
or participating in any investigative or administrative proceeding
before the grievance board pursuant to this article shall be immune
from any liability, civil or criminal, that otherwise might result
by reason of such action.
(7) Any grievance
board member having an immediate personal, private, or financial
interest in any matter pending before the grievance
board shall disclose the fact to the grievance
board and shall not vote upon such matter.
HB 98-1072
(Cont.)
(8) Any licensee, or
certified school psychologist REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST against whom a malpractice claim
is settled or a judgment rendered in a court of competent jurisdiction
shall notify the grievance
board THAT LICENSES, REGISTERS, OR REGULATES SUCH LICENSEE, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST PURSUANT TO THIS ARTICLE of such
judgment or settlement within sixty days of
AFTER such disposition.
(9) Any licensee, or
certified school psychologist REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST, having direct knowledge that an
unlicensed psychotherapist, a certified
school psychologist REGISTRANT, or
a licensee
has violated any of the provisions of section
1243704 SECTION 1243222
OR 1243226, has a duty to report such knowledge to
the grievance
board THAT LICENSES, REGISTERS, OR REGULATES SUCH UNLICENSED PSYCHOTHERAPIST,
REGISTRANT, OR LICENSEE PURSUANT TO THIS ARTICLE, unless such
report would violate the prohibition against disclosure of confidential
information without client consent pursuant to section 1243218.
1243225. [Formerly 1243706] Reconsideration
and review of action of a licensing board or the grievance board.
The grievance
A board, on its own motion or upon application, at any time after
the imposition of any discipline as provided in section
1243705 SECTION 1243224,
may reconsider its prior action and reinstate or restore such
license, REGISTRATION, OR LISTING 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 grievance
board.
1243226. [Formerly 1243707] Unlawful
acts. (1) It is unlawful for
any person:
(a) To violate the provisions of section
1243214, 1243216, or 1243704
(1) (h) 1243222 (1) (h);
(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
OR REGISTERED AS A REGISTERED SOCIAL WORKER PURSUANT TO PART 4
OF THIS ARTICLE during a period when his
SUCH PERSON'S license OR REGISTRATION 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 OR REGISTRATION 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.
(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,
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.
(5) When an individual has been the recipient
of services prohibited by this article, whether or not he
SUCH PERSON knew that the rendition of the services were unlawful:
(a) He or
his SUCH PERSON OR SUCH PERSON'S
personal representative is entitled to recover the amount of any
fee paid for the services; and
HB 98-1072
(Cont.)
(b) Damages for injury or death occurring
as a result of the services may be recovered in an appropriate
action without any showing of negligence.
1243227. [Formerly 1243708] Injunctive
proceedings. (1) The
grievance A board, AS DEFINED IN
SECTION 1243201 (1), 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 LICENSED, REGULATED,
OR REGISTERED BY THAT BOARD PURSUANT TO PART 3, 4, 5, 6, OR 7
OF THIS ARTICLE from committing any act prohibited by the provisions
of this article;
(b) To enjoin a licensee LICENSED BY THAT
BOARD from practicing the profession for which he
SUCH PERSON is licensed under this article or to
enjoin a certified school psychologist from practicing psychotherapy
outside the school setting TO ENJOIN
A REGISTERED SOCIAL WORKER FROM PRACTICING THE PROFESSION FOR
WHICH SUCH PERSON IS REGISTERED UNDER PART 4 OF THIS ARTICLE,
if he
SUCH PERSON has violated the provisions of section
1243705 (2) (d) SECTION
1243224 (2) (d) or the
provisions of section 1243704
SECTION 1243222;
(c) To enjoin an unlicensed psychotherapist
from practicing psychotherapy if he
SUCH PERSON has violated the provisions of section
1243704 SECTION 1243222.
(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 psychotherapy
ANY PROFESSION LICENSED, REGISTERED, OR REGULATED PURSUANT TO
THIS ARTICLE.
(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 grievance
A 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.
1243228. Minimum standards
for testing. (1) EVERY PERSON
LICENSED, REGISTERED, OR REGULATED UNDER THIS ARTICLE SHALL MEET
THE MINIMUM PROFESSIONAL PREPARATION STANDARDS SET FORTH IN THIS
SECTION TO ENGAGE IN THE ADMINISTRATION, SCORING, OR INTERPRETATION
OF THE FOLLOWING LEVELS OF PSYCHOMETRIC OR ELECTRODIAGNOSTIC TESTING:
(a) General use. THERE IS NO EDUCATIONAL
OR EXPERIENCE MINIMUM NECESSARY FOR A LICENSEE, REGISTRANT, OR
UNLICENSED PSYCHOTHERAPIST TO ADMINISTER STANDARDIZED PERSONNEL
SELECTION, ACHIEVEMENT, GENERAL APTITUDE, OR PROFICIENCY TESTS.
(b) Technical use. A MASTER'S
DEGREE IN ANTHROPOLOGY, PSYCHOLOGY, COUNSELING, MARRIAGE AND FAMILY
THERAPY, SOCIAL WORK, OR SOCIOLOGY FROM A REGIONALLY ACCREDITED
UNIVERSITY OR COLLEGE CERTIFIED BY THE ACCREDITING AGENCY OR BODY
TO AWARD GRADUATE DEGREES AND COMPLETION OF AT LEAST ONE GRADUATE
LEVEL COURSE EACH IN STATISTICS, PSYCHOMETRIC MEASUREMENT, THEORIES
OF PERSONALITY, INDIVIDUAL AND GROUP TEST ADMINISTRATION AND INTERPRETATION,
AND PSYCHOPATHOLOGY IS REQUIRED IN ORDER TO ADMINISTER, SCORE,
OR INTERPRET TESTS THAT REQUIRE TECHNICAL KNOWLEDGE OF TEST CONSTRUCTION
AND USE OR REQUIRE THE APPLICATION OF SCIENTIFIC AND PSYCHOPHYSIOLOGICAL
KNOWLEDGE. SUCH TESTS INCLUDE, BUT ARE NOT LIMITED TO, TESTS OF
GENERAL INTELLIGENCE, SPECIAL APTITUDES, TEMPERAMENT, VALUES,
INTERESTS, AND PERSONALITY INVENTORIES.
HB 98-1072
(Cont.)
(c) Advanced use. A LICENSEE, REGISTRANT,
OR UNLICENSED PSYCHOTHERAPIST SHALL MEET ALL THE REQUIREMENTS
OF PARAGRAPH (b) OF THIS SUBSECTION (1) AND, IN ADDITION, COMPLETION,
AT A REGIONALLY ACCREDITED UNIVERSITY OR COLLEGE CERTIFIED BY
THE ACCREDITING AGENCY OR BODY TO AWARD GRADUATE DEGREES, OF AT
LEAST ONE GRADUATE LEVEL COURSE IN SIX OF THE FOLLOWING AREAS:
COGNITION, EMOTION, ATTENTION, SENSORYPERCEPTUAL FUNCTION,
PSYCHOPATHOLOGY, LEARNING, ENCEPHALOPATHY, NEUROPSYCHOLOGY, PSYCHOPHYSIOLOGY,
PERSONALITY, GROWTH AND DEVELOPMENT, PROJECTIVE TESTING, AND NEUROPSYCHOLOGICAL
TESTING AND COMPLETION OF ONE YEAR OF EXPERIENCE IN ADVANCED USE
PRACTICE UNDER THE SUPERVISION OF A PERSON FULLY QUALIFIED UNDER
THIS PARAGRAPH (c) IN ORDER TO PRACTICE PROJECTIVE TESTING, NEUROPSYCHOLOGICAL
TESTING, OR UTILIZATION OF A BATTERY OF THREE OR MORE TESTS TO:
(I) DETERMINE THE PRESENCE, NATURE, CAUSATION,
OR EXTENT OF PSYCHOSIS, DEMENTIA, AMNESIA, COGNITIVE IMPAIRMENT,
INFLUENCE OF DEFICITS ON COMPETENCE, AND ABILITY TO FUNCTION ADAPTIVELY;
(II) DETERMINE THE ETIOLOGY OR CAUSATIVE
FACTORS CONTRIBUTING TO PSYCHOLOGICAL DYSFUNCTION, CRIMINAL BEHAVIOR,
VOCATIONAL DISABILITY, NEUROCOGNITIVE DYSFUNCTION, OR COMPETENCE;
OR
(III) PREDICT THE PSYCHOLOGICAL RESPONSES
TO SPECIFIC MEDICAL, SURGICAL, AND BEHAVIORAL INTERVENTIONS.
(2) THE BOARD LICENSING, REGISTERING,
OR REGULATING ANY PERSON VIOLATING ANY PROVISION OF THIS SECTION
MAY BRING DISCIPLINARY PROCEEDINGS OR INJUNCTIVE PROCEEDINGS AGAINST
SUCH PERSON PURSUANT TO SECTION 1243224 OR 1243227.
(3) (a) ANY PERSON LICENSED UNDER
THIS ARTICLE ON JULY 1, 1998, SHALL NOT BE REQUIRED TO COMPLY
WITH THE EDUCATION REQUIREMENTS OF PARAGRAPHS (b) AND (c) OF SUBSECTION
(1) OF THIS SECTION IF SUCH PERSON HAS, ON SUCH DATE, BEEN LICENSED
UNDER THIS ARTICLE FOR A PERIOD OF SEVEN CONSECUTIVE YEARS.
(b) ANY PERSON LICENSED UNDER THIS ARTICLE
ON JULY 1, 1998, SHALL NOT BE REQUIRED TO COMPLY WITH THE SUPERVISION
REQUIREMENTS OF PARAGRAPH (c) OF SUBSECTION (1) OF THIS SECTION
IF SUCH PERSON HAS, ON SUCH DATE, BEEN LICENSED UNDER THIS ARTICLE
FOR A PERIOD OF FIVE CONSECUTIVE YEARS.
1243229. [Formerly 1243712] Repeal
of article. This article is repealed,
effective July 1, 1998
2004. Prior to such repeal, all of the boards relating to the
licensing of and grievances against any person licensed, REGISTERED,
OR REGULATED pursuant to the provisions of this article shall
be reviewed as provided for in section 2434104, C.R.S.
SECTION 19. Parts
3, 4, 5, and 6 of article 43 of title 12, Colorado Revised Statutes,
are REPEALED AND REENACTED, WITH AMENDMENTS, to read:
PART 3
PSYCHOLOGISTS
1243301. Definitions.
AS USED IN THIS PART 3, 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 THE BOARD.
(2) "BOARD" MEANS THE
STATE BOARD OF PSYCHOLOGIST EXAMINERS CREATED BY SECTION 1243302
(1).
(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.
HB 98-1072
(Cont.)
(5) "LICENSE CERTIFICATE"
MEANS A CERTIFICATE DOCUMENTING THE LICENSURE OF A PSYCHOLOGIST.
(6) "LICENSED PSYCHOLOGIST"
MEANS A PERSON LICENSED UNDER THIS PART 3.
(7) "LICENSEE" MEANS
A LICENSED PSYCHOLOGIST.
(8) "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.
1243302. State board of
psychologist examiners. (1) THERE
IS HEREBY CREATED A STATE BOARD OF PSYCHOLOGIST EXAMINERS UNDER
THE SUPERVISION AND CONTROL OF THE DIVISION OF REGISTRATIONS OF
THE DEPARTMENT OF REGULATORY AGENCIES, CREATED IN SECTION 241122
(2) (g), C.R.S.
(2) THE BOARD SHALL CONSIST OF SEVEN
MEMBERS WHO ARE CITIZENS OF THE UNITED STATES AND RESIDENTS OF
THE STATE OF COLORADO AS FOLLOWS:
(a) THREE BOARD MEMBERS SHALL BE LICENSED
PSYCHOLOGISTS ENGAGED PRIMARILY IN DIRECT PRACTICE.
(b) FOUR BOARD MEMBERS SHALL BE REPRESENTATIVES
OF THE GENERAL PUBLIC. THESE INDIVIDUALS SHALL HAVE NEVER BEEN
PSYCHOLOGISTS, APPLICANTS OR FORMER APPLICANTS FOR LICENSURE AS
PSYCHOLOGISTS, MEMBERS OF ANOTHER MENTAL HEALTH PROFESSION, OR
MEMBERS OF HOUSEHOLDS THAT INCLUDE PSYCHOLOGISTS OR MEMBERS OF
ANOTHER MENTAL HEALTH PROFESSION OR OTHERWISE HAVE CONFLICTS OF
INTEREST OR THE APPEARANCE OF SUCH CONFLICTS WITH THEIR DUTIES
AS BOARD MEMBERS.
(3) NO BOARD MEMBER SHALL SERVE MORE THAN
TWO FULL CONSECUTIVE TERMS.
(4) EACH BOARD MEMBER SHALL HOLD OFFICE
UNTIL THE EXPIRATION OF SUCH MEMBER'S
APPOINTED TERM OR UNTIL A SUCCESSOR IS DULY APPOINTED, EXCEPT
AS PROVIDED IN THIS SUBSECTION (4). ON OR BEFORE JULY 1, 1998,
THE GOVERNOR SHALL REMOVE TWO OF THE FIVE LICENSED PSYCHOLOGISTS
SERVING ON THE BOARD THAT EXISTED ON JUNE 30, 1998, IN COMPLIANCE
WITH SUBSECTION (2) OF THIS SECTION, AND THE REMAINING THREE SHALL
HOLD OFFICE UNTIL THE EXPIRATION OF THE MEMBER'S
APPOINTED TERM OR UNTIL A SUCCESSOR IS DULY APPOINTED. ON OR BEFORE
JULY 1, 1998, THE GOVERNOR SHALL APPOINT TWO ADDITIONAL PUBLIC
MEMBERS TO THE BOARD. THE INITIAL TERM OF ONE OF THE ADDITIONAL
TWO PUBLIC MEMBERS TO BE APPOINTED TO THE BOARD SHALL BE THREE
YEARS AND THE OTHER PUBLIC MEMBER SHALL BE APPOINTED FOR A TERM
OF FOURS YEARS. THEREAFTER, THE TERM OF EACH MEMBER SHALL BE FOUR
YEARS. ANY VACANCY OCCURRING IN BOARD MEMBERSHIP OTHER THAN BY
EXPIRATION OF TERM SHALL BE FILLED BY THE GOVERNOR BY APPOINTMENT
FOR THE UNEXPIRED TERM OF SUCH MEMBER.
(5) 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.
HB 98-1072
(Cont.)
(6) 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.
1243303. Practice of psychology
defined. (1) FOR THE PURPOSES
OF THIS PART 3, THE "PRACTICE OF PSYCHOLOGY"
IS DEFINED AS THE OBSERVATION, DESCRIPTION, EVALUATION, INTERPRETATION,
TREATMENT, OR MODIFICATION OF BEHAVIOR, COGNITIONS, OR EMOTIONS
BY THE APPLICATION OF PSYCHOLOGICAL, BEHAVIORAL, AND PHYSICAL
PRINCIPLES, METHODS, OR PROCEDURES, FOR THE PURPOSE OF PREVENTING
OR ELIMINATING SYMPTOMATIC, MALADAPTIVE, OR UNDESIRED BEHAVIOR,
COGNITIONS, OR EMOTIONS AND OF ENHANCING INTERPERSONAL RELATIONSHIPS,
WORK AND LIFE ADJUSTMENT, PERSONAL EFFECTIVENESS, BEHAVIORAL HEALTH,
AND MENTAL HEALTH. PSYCHOLOGISTS USE ANY AND ALL PSYCHOLOGICAL
PRINCIPLES, METHODS, AND DEVICES TO CONSIDER THE FULL RANGE OF
POSSIBLE CAUSES OF PATIENTS'
ILLNESSES AND SELECT AND APPLY THE APPROPRIATE TREATMENT METHODS.
(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,
DIAGNOSES, AND TREATMENT OF NEUROPSYCHOLOGICAL AND BRAIN DISORDERS;
(c) PSYCHOTHERAPY, WHICH MAY INCLUDE PSYCHOANALYTIC,
EXISTENTIAL, COGNITIVE, AND BEHAVIORAL THERAPIES, HYPNOSIS, AND
BIOFEEDBACK;
(d) CLINICAL AND COUNSELING PSYCHOLOGY,
WHICH ARE THE SCIENCES OF DIAGNOSIS AND TREATMENT OF MENTAL, NEUROLOGICAL,
PSYCHOPHYSIOLOGICAL, AND EMOTIONAL DISORDER OR DISABILITY, ALCOHOLISM
AND SUBSTANCE ABUSE, BEHAVIORAL ABUSE INCLUDING DANGEROUSNESS
TO SELF OR OTHERS, AND DISORDERS OF HABIT OR CONDUCT;
(e) REHABILITATION PSYCHOLOGY, WHICH IS
THE SCIENCE OF PSYCHOLOGY DEALING WITH THE PSYCHOLOGICAL ASPECTS
OF PHYSICAL ILLNESS, ACCIDENT, INJURY, OR DISABILITY AND REHABILITATION
THEREFROM;
(f) HEALTH PSYCHOLOGY, WHICH IS THE SCIENCE
OF PSYCHOLOGY DEALING WITH THE ROLE OF PSYCHOLOGICAL FACTORS IN
HEALTH AND ILLNESS;
(g) FORENSIC PSYCHOLOGY, WHICH IS THE
SCIENCE OF PSYCHOLOGY THAT DEALS WITH THE RELATION 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;
(h) 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;
(I) 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;
(j) SPORTS PSYCHOLOGY, WHICH IS THE SCIENCE OF PSYCHOLOGY DEALING WITH ENHANCEMENT OF ATHLETIC PERFORMANCE UTILIZING PRINCIPLES OF PSYCHOLOGICAL RESEARCH, ASSESSMENT, AND KNOWLEDGE;
HB 98-1072
(Cont.)
(k) PSYCHOEDUCATIONAL EVALUATION, THERAPY,
REMEDIATION, AND CONSULTATION; AND
(l) 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 THIS DEFINITION WITHOUT REGARD
TO WHETHER PAYMENT IS RECEIVED FOR SERVICES RENDERED.
1243304. 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 PART 3 AND THE RULES PROMULGATED BY THE BOARD;
(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;
(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 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, THE NOTICE SHALL STATE THE REASONS
FOR SUCH REJECTION.
(3) THE PLACE OF EXAMINATION SHALL BE
DESIGNATED IN ADVANCE BY THE BOARD. 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. THE EXAMINATION 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.
HB 98-1072
(Cont.)
(6) IN THE EVENT THAT AN APPLICANT FAILS
TO RECEIVE A PASSING GRADE ON ANY PART OF THE EXAMINATION, HE
OR SHE 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.
1243305. Rights and privileges
of licensure. (1) ANY PERSON
WHO POSSESSES A VALID, UNSUSPENDED, AND UNREVOKED LICENSE AS A
LICENSED PSYCHOLOGIST HAS THE RIGHT TO:
(a) ENGAGE IN THE PRIVATE, INDEPENDENT
PRACTICE OF PSYCHOLOGY;
(b) PRACTICE AND SUPERVISE PSYCHOLOGY
PRACTICE; AND
(c) 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 SUCH TITLE OR TERMS IS A LICENSED PSYCHOLOGIST.
(2) ANY PERSON DULY LICENSED AS A PSYCHOLOGIST
SHALL NOT BE REQUIRED TO OBTAIN ANY OTHER LICENSE OR CERTIFICATION
TO PRACTICE PSYCHOLOGY AS DEFINED IN SECTION 1243303
UNLESS OTHERWISE REQUIRED BY THE BOARD.
1243306. Exemptions.
(1) NOTHING IN THIS PART 3 SHALL BE CONSTRUED TO PREVENT
THE TEACHING OF PSYCHOLOGY, OR THE CONDUCT OF PSYCHOLOGICAL RESEARCH,
IF 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 PART 3 SHALL PREVENT THE
PROVISION OF EXPERT TESTIMONY BY PSYCHOLOGISTS WHO ARE EXEMPTED
BY THIS PART 3. 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 PART 3 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) THE USE OF THE TITLE "PSYCHOLOGIST"
MAY BE CONTINUED BY AN UNLICENSED 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.
(4) NOTHING IN THIS PART 3 SHALL BE CONSTRUED
TO LIMIT THE 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.
(5) NOTHING IN THIS PART 3 SHALL BE CONSTRUED
TO REQUIRE THE NEW REGULATION OF ANY OCCUPATIONAL OR PROFESSIONAL
GROUP THAT IS NOT CURRENTLY SUBJECT TO REGULATION UNDER STATE
LAW.
(6) NOTHING IN THIS PART 3 SHALL BE CONSTRUED TO PREVENT THE PRACTICE OF PSYCHOTHERAPY BY UNLICENSED PERSONS WHO ARE LISTED WITH THE STATE GRIEVANCE BOARD PURSUANT TO SECTION 1243702.5.
HB 98-1072
(Cont.)
(7) NO PERSON MAY ENGAGE IN THE PRACTICE
OF PSYCHOLOGY AS A PSYCHOLOGIST, OR REFER TO HIMSELF OR HERSELF
AS A PSYCHOLOGIST, UNLESS SUCH PERSON IS LICENSED PURSUANT TO
THIS PART 3.
PART 4
SOCIAL WORKERS
1243401. Definitions.
AS USED IN THIS PART 4, 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 EXAMINERS, CREATED IN SECTION 1243402.
(3) "CERTIFICATE" MEANS
A CERTIFICATE OF LICENSURE AS A LICENSED SOCIAL WORKER, A LICENSED
INDEPENDENT SOCIAL WORKER, 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 A LICENSED SOCIAL WORKER 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 CLINICAL SOCIAL
WORKER" MEANS ANY PERSON LICENSED UNDER THE PROVISIONS
OF THIS PART 4 AS A CLINICAL SOCIAL WORKER.
(8) "LICENSED SOCIAL WORKER"
OR "LICENSED INDEPENDENT SOCIAL WORKER" MEANS
A PERSON LICENSED UNDER THE PROVISIONS OF THIS PART 4.
(9) "LICENSEE" MEANS
A LICENSED SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER,
OR LICENSED CLINICAL SOCIAL WORKER.
(10) "REGISTERED SOCIAL WORKER"
MEANS A PERSON REGISTERED UNDER THE PROVISIONS OF THIS PART 4
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 INDEPENDENT SOCIAL
WORKER OR LICENSED CLINICAL SOCIAL WORKER.
1243402. State board of
social work examiners. (1) THERE
IS HEREBY CREATED UNDER THE SUPERVISION AND CONTROL OF THE DIVISION
OF REGISTRATIONS OF THE DEPARTMENT OF REGULATORY AGENCIES THE
STATE BOARD OF SOCIAL WORK EXAMINERS, WHICH SHALL CONSIST OF SEVEN
MEMBERS WHO ARE CITIZENS OF THE UNITED STATES AND RESIDENTS OF
THE STATE OF COLORADO.
(2) (a) DURING THE PERIOD ENDING
JULY 1, 1999, THREE BOARD MEMBERS SHALL BE LICENSED CLINICAL SOCIAL
WORKERS ENGAGED PRIMARILY IN DIRECT PRACTICE. THEREAFTER, ONE
BOARD MEMBER SHALL BE A LICENSED INDEPENDENT SOCIAL WORKER AND
TWO BOARD MEMBERS SHALL BE LICENSED CLINICAL SOCIAL WORKERS ENGAGED
PRIMARILY IN DIRECT PRACTICE.
HB 98-1072
(Cont.)
(b) FOUR BOARD MEMBERS SHALL BE REPRESENTATIVES
OF THE GENERAL PUBLIC. THESE INDIVIDUALS SHALL HAVE NEVER BEEN
A SOCIAL WORKER, AN APPLICANT OR FORMER APPLICANT FOR LICENSURE
AS A SOCIAL WORKER, A MEMBER OF ANOTHER MENTAL HEALTH PROFESSION,
OR A MEMBER OF A HOUSEHOLD THAT INCLUDES A SOCIAL WORKER 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 SUCH MEMBER'S
APPOINTED TERM OR UNTIL A SUCCESSOR IS DULY APPOINTED, EXCEPT
AS PROVIDED IN THIS SUBSECTION (3). ON OR BEFORE JULY 1, 1998,
THE GOVERNOR SHALL REMOVE TWO OF THE FIVE LICENSED CLINICAL SOCIAL
WORKERS SERVING ON THE BOARD AS IT EXISTED ON JUNE 30, 1998, IN
COMPLIANCE WITH SUBSECTION (2) OF THIS SECTION. ON OR BEFORE JULY
1, 1998, THE GOVERNOR SHALL APPOINT TWO ADDITIONAL PUBLIC MEMBERS
TO THE BOARD. THE INITIAL TERM OF ONE OF THE ADDITIONAL PUBLIC
MEMBERS TO BE APPOINTED TO THE BOARD SHALL BE THREE YEARS, AND
THE OTHER ADDITIONAL PUBLIC MEMBER SHALL BE APPOINTED FOR A TERM
OF FOUR YEARS. ON OR BEFORE JULY 1, 1999, THE GOVERNOR SHALL REMOVE
ONE OF THE THREE LICENSED CLINICAL SOCIAL WORKERS SERVING ON THE
BOARD IN COMPLIANCE WITH SUBSECTION (2) OF THIS SECTION. ON OR
BEFORE JULY 1, 1999, THE GOVERNOR SHALL APPOINT A LICENSED INDEPENDENT
SOCIAL WORKER TO THE BOARD. THE INITIAL TERM OF THE LICENSED INDEPENDENT
SOCIAL WORKER TO BE APPOINTED TO THE BOARD SHALL BE THREE YEARS.
THEREAFTER, THE TERM OF EACH MEMBER SHALL BE FOUR 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 OF SUCH MEMBER.
(4) NO BOARD MEMBER SHALL SERVE MORE THAN
TWO FULL CONSECUTIVE TERMS.
(5) 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.
(6) 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.
1243403. Social work practice
defined. (1) FOR THE PURPOSES
OF THIS PART 4, "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, INCLUDING ALCOHOL
AND SUBSTANCE ABUSE AND DOMESTIC VIOLENCE, BASED ON THE PROMOTION
OF BIOPSYCHOSOCIAL DEVELOPMENTAL PROCESSES, PERSONIN ENVIRONMENT
TRANSACTIONS, AND EMPOWERMENT OF THE CLIENT SYSTEM. SOCIAL WORK
THEORY AND METHODS ARE BASED ON KNOWN ACCEPTED PRINCIPLES THAT
ARE TAUGHT IN PROFESSIONAL SCHOOLS OF SOCIAL WORK IN COLLEGES
OR UNIVERSITIES ACCREDITED BY THE COUNCIL ON SOCIAL WORK EDUCATION.
(2) PROFESSIONAL SOCIAL WORK PRACTICE
MAY INCLUDE, BUT IS NOT LIMITED TO:
(a) ASSESSMENT;
HB 98-1072
(Cont.)
(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 THAT 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;
HB 98-1072
(Cont.)
(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 AN 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 POLICES
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.
1243404. Qualifications
examination licensure and registration.
(1) THE BOARD SHALL LICENSE AS A LICENSED SOCIAL WORKER,
AND ISSUE AN APPROPRIATE CERTIFICATE TO, ANY PERSON WHO FILES
AN APPLICATION THEREFOR, ACCOMPANIED BY SUCH FEE AS IS REQUIRED
BY SECTION 1243204, AND WHO SUBMITS EVIDENCE SATISFACTORY
TO THE BOARD THAT HE OR SHE:
(a) IS AT LEAST TWENTYONE YEARS
OF AGE;
(b) HAS OBTAINED A MASTER'S DEGREE FROM
A GRADUATE SCHOOL OF SOCIAL WORK; AND
(c) DEMONSTRATES PROFESSIONAL COMPETENCE
BY SATISFACTORILY PASSING AN EXAMINATION.
(2) THE BOARD SHALL LICENSE AS A LICENSED
INDEPENDENT SOCIAL WORKER 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 1243204, AND WHO SUBMITS EVIDENCE SATISFACTORY
TO THE BOARD THAT HE OR SHE:
(a) IS AT LEAST TWENTYONE YEARS
OF AGE;
(b) HAS OBTAINED A MASTER'S OR DOCTORATE
DEGREE FROM A GRADUATE SCHOOL OF SOCIAL WORK;
(c) HAS PRACTICED SOCIAL WORK FOR AT LEAST
TWO YEARS UNDER THE SUPERVISION OF A LICENSED INDEPENDENT SOCIAL
WORKER OR LICENSED CLINICAL SOCIAL WORKER; AND
(d) DEMONSTRATES PROFESSIONAL COMPETENCE
BY SATISFACTORILY PASSING AN EXAMINATION THAT MAY BE WRITTEN,
ORAL, OR BOTH, AS PRESCRIBED BY THE BOARD.
(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 1243204, AND WHO SUBMITS EVIDENCE
SATISFACTORY TO THE BOARD THAT HE OR SHE:
(a) IS AT LEAST TWENTYONE YEARS
OF AGE;
HB 98-1072
(Cont.)
(b) HAS OBTAINED A BACHELOR'S DEGREE IN
SOCIAL WORK FROM AN APPROVED SCHOOL AND WORKS UNDER THE SUPERVISION
OF A LICENSED INDEPENDENT SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
WORKER; AND
(c) 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 DIRECTOR OF THE DIVISION OF REGISTRATIONS
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 DIRECTOR HAS REASON TO BELIEVE SUCH
EXAMINATION OR PROCEDURE TO BE UNFAIR TO THE APPLICANTS OR UNREASONABLE
IN CONTENT, THE DIRECTOR SHALL CALL ON FIVE PEOPLE LICENSED OR
REGISTERED IN THE OCCUPATION OF SOCIAL WORK UNDER THIS PART 4
TO REVIEW THE EXAMINATION OR PROCEDURE JOINTLY WITH THE DIRECTOR.
THE 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.
1243405. Rights and privileges
of licensure and registration. (1) ANY
PERSON WHO POSSESSES A VALID, UNSUSPENDED, AND UNREVOKED CERTIFICATE
AS A LICENSED SOCIAL WORKER, AND WHO HAS RECEIVED A LICENSE PURSUANT
TO SECTION 1243404, HAS THE RIGHT TO PRACTICE SOCIAL
WORK UNDER SUPERVISION AND USE THE TITLE "LICENSED SOCIAL
WORKER", "SOCIAL WORKER", AND THE ABBREVIATION
"LSW". ANY PERSON WHO POSSESSES A VALID, UNSUSPENDED,
AND UNREVOKED CERTIFICATE AS A LICENSED SOCIAL WORKER WHOSE LICENSE
WAS GRANTED PURSUANT TO THE PROVISIONS OF SECTION 1243404
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",
"INDEPENDENT SOCIAL WORKER", "SOCIAL
WORKER", OR "LICENSED INDEPENDENT SOCIAL WORKER"
AND THE ABBREVIATION "LISW". 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.
HB 98-1072
(Cont.)
(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 1243404 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",
OR "LICENSED SOCIAL WORKER", AND THE ABBREVIATION
"LCSW". 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
CLINICAL SOCIAL WORKER OR SOCIAL WORKER.
(3) (a) 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.
(b) ANY PERSON ENGAGED IN PROVIDING MEDICALLY
RELATED SOCIAL SERVICES IN SKILLED NURSING OR NURSING CARE FACILITIES
SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE SO LONG
AS THAT PERSON MEETS THE QUALIFICATIONS OF, AND PROVIDES SERVICES
IN ACCORDANCE WITH, THE FEDERAL REGULATIONS GOVERNING THE MEDICARE
AND MEDICAID PROGRAM PARTICIPATION OF THESE FACILITIES AND THE
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT'S REGULATIONS
FOR THE LICENSING OF THESE FACILITIES.
(4) ANY PERSON DULY LICENSED AS AN INDEPENDENT
SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORKER, OR ANY PERSON
UNDER THE SUPERVISION OF A LICENSED INDEPENDENT SOCIAL WORKER
OR A LICENSED CLINICAL SOCIAL WORKER SHALL NOT BE REQUIRED TO
OBTAIN ANY OTHER LICENSE OR CERTIFICATION TO PRACTICE SOCIAL WORK
AS DEFINED IN SECTION 1243403 UNLESS OTHERWISE REQUIRED
BY THE BOARD OF SOCIAL WORK EXAMINERS.
1243406. Scope of part.
(1) THE PRACTICE OF SOCIAL WORK INCLUDES, BUT IS NOT
LIMITED TO, 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; SOCIALGROUP 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 STATE THAT HE OR SHE
IS ENGAGED IN THE PRACTICE OF SOCIAL WORK AS A SOCIAL WORKER,
OR REFER TO HIMSELF OR HERSELF AS A SOCIAL WORKER, UNLESS SUCH
PERSON IS LICENSED OR REGISTERED PURSUANT TO THIS PART 4. NO PERSON
MAY PRACTICE AS A CLINICAL SOCIAL WORKER UNLESS LICENSED PURSUANT
TO SECTION 1243404 (2), OR LICENSED OR REGISTERED
TO PRACTICE SOCIAL WORK AND SUPERVISED PURSUANT TO SECTION 1243404
(2) OR (3).
(3) NO PERSON MAY SUPERVISE THE PRACTICE
OF SOCIAL WORK FOR THE PURPOSE OF LICENSURE COMPLIANCE OR DISCIPLINARY
PROCEEDINGS UNLESS LICENSED PURSUANT TO SECTION 1243404;
EXCEPT THAT, IN CASES WHERE NO LCSW OR LISW IS AVAILABLE FOR SUPERVISION
FOR LICENSURE, THE LICENSEE OR REGISTRANT MAY APPLY TO THE BOARD
FOR APPROVAL TO BE SUPERVISED BY A PERSON WITH EQUIVALENT EXPERIENCE
AS DETERMINED BY THE BOARD.
(4) NOTHING IN THIS PART 4 SHALL BE CONSTRUED
TO PREVENT MEMBERS OF OTHER PROFESSIONS LICENSED UNDER THE LAWS
OF THIS STATE FROM RENDERING SERVICES WITHIN THE SCOPE OF PRACTICE
SO LONG AS THEY DO NOT REPRESENT THEMSELVES TO BE SOCIAL WORKERS
OR THEIR SERVICES AS SOCIAL WORK.
(5) NOTHING IN THIS PART 4 SHALL BE CONSTRUED
TO PREVENT THE PRACTICE OF PSYCHOTHERAPY BY UNLICENSED PERSONS
WHO ARE LISTED WITH THE STATE GRIEVANCE BOARD PURSUANT TO SECTION
1243702.5.
HB 98-1072
(Cont.)
12-43-407. Exemptions. NOTHING
IN THIS PART 4 SHALL BE CONSTRUED TO PREVENT THE TEACHING OF SOCIAL
WORK, OR THE CONDUCT OF SOCIAL WORK RESEARCH, IF SUCH TEACHING
OR RESEARCH DOES NOT INVOLVE THE DELIVERY OR SUPERVISION OF DIRECT
SOCIAL WORK 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.
1243408. 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", ARTICLE 60.5 OF TITLE
22, C.R.S., SHALL BE ISSUED THE "LISW" CERTIFICATE
UPON APPLICATION AND PAYMENT OF SAID FEES AND SHALL BE SUBJECT
TO THE PROVISIONS OF THIS ARTICLE.
(2) THE EXAMINATION FOR THE LICENSED INDEPENDENT
SOCIAL WORKER 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", ARTICLE 60.5 OF TITLE
22, C.R.S.
1243409. Clinical social
work practice of psychotherapy. FOR THE
PURPOSE OF LICENSURE, THE PRACTICE OF PSYCHOTHERAPY UNDER THIS
PART 4 SHALL BE LIMITED TO LICENSED CLINICAL SOCIAL WORKERS OR
LICENSED SOCIAL WORKERS SUPERVISED BY LICENSED CLINICAL SOCIAL
WORKERS.
1243410. Employees of social
services. (1) NOTWITHSTANDING
THE EXEMPTION IN SECTION 1243215 (3), NO EMPLOYEE
OF THE DEPARTMENT OF HUMAN SERVICES, EMPLOYEE OF A COUNTY DEPARTMENT
OF SOCIAL SERVICES, OR PERSONNEL UNDER THE DIRECT CONTROL OR SUPERVISION
OF SUCH DEPARTMENTS, SHALL STATE THAT HE OR SHE IS ENGAGED IN
THE PRACTICE OF SOCIAL WORK AS A SOCIAL WORKER OR REFER TO HIMSELF
OR HERSELF AS A CLINICAL SOCIAL WORKER UNLESS LICENSED OR REGISTERED
PURSUANT TO THIS PART 4.
(2) NOTWITHSTANDING THE EXEMPTION IN SECTION
1243215 (3), ANY EMPLOYEE LICENSED OR REGISTERED PURSUANT
TO THE PROVISIONS OF THIS ARTICLE WHO IS TERMINATED FROM EMPLOYMENT
BY THE DEPARTMENT OF HUMAN SERVICES OR A COUNTY DEPARTMENT OF
SOCIAL SERVICES IS SUBJECT TO REVIEW AND DISCIPLINARY ACTION BY
THE BOARD THAT LICENSES, REGISTERS, OR REGULATES SUCH EMPLOYEE.
PART 5
MARRIAGE AND FAMILY THERAPISTS
1243501. Definitions.
AS USED IN THIS PART 5, 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 MARRIAGE
AND FAMILY THERAPY ACCREDITED BY A NATIONALLY RECOGNIZED ACCREDITING
AGENCY AS DETERMINED BY THE BOARD OR A SUBSTANTIALLY EQUIVALENT
PROGRAM APPROVED BY THE BOARD.
(2) "BOARD" MEANS THE
STATE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS CREATED
IN SECTION 1243502.
(3) "CERTIFICATE" MEANS
A CERTIFICATE OF LICENSURE AS A LICENSED MARRIAGE AND FAMILY THERAPIST.
(4) "LICENSED MARRIAGE AND FAMILY
THERAPIST" MEANS A PERSON LICENSED UNDER THE PROVISIONS
OF THIS PART 5.
(5) "LICENSEE" MEANS
A LICENSED MARRIAGE AND FAMILY THERAPIST.
HB 98-1072
(Cont.)
1243502. State board of
marriage and family therapist examiners.
(1) THERE IS HEREBY CREATED UNDER THE SUPERVISION AND
CONTROL OF THE DIVISION OF REGISTRATIONS OF THE DEPARTMENT OF
REGULATORY AGENCIES, CREATED IN SECTION 241122 (2)
(g), C.R.S., THE STATE BOARD OF MARRIAGE AND FAMILY THERAPIST
EXAMINERS, WHICH SHALL CONSIST OF SEVEN MEMBERS WHO ARE CITIZENS
OF THE UNITED STATES AND RESIDENTS OF THE STATE OF COLORADO.
(2) (a) THE MEMBERS OF THE BOARD
SHALL BE APPOINTED BY THE GOVERNOR AS FOLLOWS:
(I) FOUR MEMBERS OF THE GENERAL PUBLIC
WHO ARE NOT REGULATED BY THIS ARTICLE; AND
(II) THREE MARRIAGE AND FAMILY THERAPISTS.
(b) THE PUBLIC MEMBERS SHALL HAVE NEVER
BEEN A MARRIAGE AND FAMILY THERAPIST, AN APPLICANT OR FORMER APPLICANT
FOR LICENSURE AS A MARRIAGE AND FAMILY THERAPIST, A MEMBER OF
ANOTHER MENTAL HEALTH PROFESSION, OR A MEMBER OF A HOUSEHOLD THAT
INCLUDES A MARRIAGE AND FAMILY THERAPIST 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.
(c) ON OR BEFORE JULY 1, 1998, THE GOVERNOR
SHALL REMOVE TWO OF THE FIVE LICENSED MARRIAGE AND FAMILY THERAPISTS
SERVING ON THE BOARD AS IT EXISTED ON JUNE 30, 1998, IN COMPLIANCE
WITH THIS SUBSECTION (2). ON OR BEFORE JULY 1, 1998, THE GOVERNOR
SHALL APPOINT TWO ADDITIONAL PUBLIC MEMBERS TO THE BOARD. THE
INITIAL TERM OF ONE OF THE ADDITIONAL TWO PUBLIC MEMBERS SHALL
BE THREE YEARS, AND THE OTHER SHALL BE APPOINTED FOR A TERM OF
FOUR YEARS.
(3) NO BOARD MEMBER SHALL SERVE MORE THAN
TWO FULL CONSECUTIVE TERMS.
(4) EACH BOARD MEMBER SHALL HOLD OFFICE
UNTIL THE EXPIRATION OF HIS OR HER APPOINTED TERM OR UNTIL A SUCCESSOR
IS DULY APPOINTED, EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS
SECTION, AND EACH MEMBER SHALL THEREAFTER SERVE TERMS OF FOUR
YEARS. WHEN THE TERM OF EACH BOARD MEMBER EXPIRES, THE GOVERNOR
SHALL APPOINT HIS OR HER SUCCESSOR FOR A TERM OF FOUR YEARS. ANY
VACANCY OCCURRING IN THE BOARD MEMBERSHIP OTHER THAN BY THE EXPIRATION
OF A TERM SHALL BE FILLED BY THE GOVERNOR BY APPOINTMENT FOR THE
REMAINDER OF THE UNEXPIRED TERM OF SUCH MEMBER.
(5) 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.
(6) 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.
1243503. Marriage and family
therapy practice defined. (1) FOR
THE PURPOSES OF THIS PART 5, "MARRIAGE AND FAMILY THERAPY
PRACTICE" MEANS THE RENDERING OF PROFESSIONAL MARRIAGE
AND FAMILY THERAPY SERVICES TO INDIVIDUALS, COUPLES, AND FAMILIES,
SINGLY OR IN GROUPS, WHETHER SUCH SERVICES ARE OFFERED DIRECTLY
TO THE GENERAL PUBLIC OR THROUGH ORGANIZATIONS, EITHER PUBLIC
OR PRIVATE, FOR A MONETARY FEE. MARRIAGE AND FAMILY THERAPY UTILIZES
ESTABLISHED PRINCIPLES THAT RECOGNIZE THE INTERRELATED NATURE
OF INDIVIDUAL PROBLEMS AND DYSFUNCTIONS TO ASSESS, UNDERSTAND,
DIAGNOSE, AND TREAT EMOTIONAL AND MENTAL PROBLEMS, ALCOHOL AND
SUBSTANCE ABUSE, AND DOMESTIC VIOLENCE, AND MODIFY INTRAPERSONAL
AND INTERPERSONAL DYSFUNCTIONS.
HB 98-1072
(Cont.)
(2) PROFESSIONAL MARRIAGE AND FAMILY THERAPY
PRACTICE MAY INCLUDE, BUT IS NOT LIMITED TO:
(a) ASSESSMENT AND TESTING;
(b) DIAGNOSIS;
(c) TREATMENT PLANNING AND EVALUATION;
(d) THERAPEUTIC INDIVIDUAL, MARITAL, FAMILY,
GROUP, OR ORGANIZATIONAL INTERVENTIONS;
(e) PSYCHOTHERAPY;
(f) CLIENT EDUCATION;
(g) CONSULTATION; AND
(h) SUPERVISION.
(3) PROFESSIONAL MARRIAGE AND FAMILY THERAPY
PRACTICE INCLUDES PRACTICING WITHIN THE VALUES AND ETHICS OF THE
MARRIAGE AND FAMILY THERAPY PROFESSION.
(4) THIS DEFINITION IS TO BE INTERPRETED
IN A MANNER THAT DOES NOT IMPINGE UPON OR OTHERWISE LIMIT THE
SCOPE OF PRACTICE OF OTHER PSYCHOTHERAPISTS LICENSED UNDER THIS
ARTICLE.
1243504. Qualifications
examination licensure and registration.
(1) THE BOARD SHALL ISSUE A LICENSE AS A MARRIAGE AND
FAMILY THERAPIST TO EACH APPLICANT WHO FILES AN APPLICATION UPON
A FORM AND IN SUCH MANNER AS THE BOARD PRESCRIBES, ACCOMPANIED
BY A FEE AS IS REQUIRED BY SECTION 1243204 (1) 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 OR THE RULE AND REGULATIONS ADOPTED
UNDER THIS ARTICLE;
(c) HOLDS A MASTER'S OR DOCTORAL DEGREE
FROM AN ACCREDITED SCHOOL OR COLLEGE IN MARRIAGE AND FAMILY THERAPY
OR ITS EQUIVALENT AS DETERMINED BY THE BOARD, SUCH DEGREE TO INCLUDE
A PRACTICUM OR INTERNSHIP IN THE PRINCIPLES AND PRACTICE OF MARRIAGE
AND FAMILY THERAPY;
(d) SUBSEQUENT TO RECEIVING HIS OR HER
MASTER'S OR DOCTORAL DEGREE, HAS HAD AT LEAST TWO YEARS OF POSTMASTER'S
OR ONE YEAR POSTDOCTORAL PRACTICE IN INDIVIDUAL AND MARRIAGE AND
FAMILY THERAPY, INCLUDING AT LEAST ONE THOUSAND HOURS OF FACETOFACE
CONTACT WITH COUPLES AND FAMILIES FOR THE PURPOSE OF ASSESSMENT
AND INTERVENTION UNDER BOARDAPPROVED SUPERVISION; AND
(e) HAS DEMONSTRATED PROFESSIONAL COMPETENCE
BY PASSING AN EXAMINATION IN MARRIAGE AND FAMILY THERAPY PRESCRIBED
BY THE BOARD.
(2) UPON INVESTIGATION OF THE APPLICATION
FOR LICENSURE AND OTHER EVIDENCE SUBMITTED, THE BOARD SHALL, NOT
LESS THAN THIRTY DAYS PRIOR TO THE EXAMINATION, 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 AND PROVIDE
SUGGESTIONS FOR THE PREPARATION OF REAPPLYING.
HB 98-1072
(Cont.)
(3) THE PLACE OF EXAMINATION SHALL BE
DESIGNATED IN ADVANCE BY THE BOARD, AND SUCH EXAMINATION SHALL
BE GIVEN NOT LESS THAN TWICE PER 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 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 MARRIAGE AND FAMILY THERAPY.
1243505. Rights and privileges
of licensure and registration. (1) ANY
PERSON WHO POSSESSES A VALID, UNSUSPENDED, AND UNREVOKED LICENSE
AS A LICENSED MARRIAGE AND FAMILY THERAPIST PURSUANT TO SECTION
1243504 HAS THE RIGHT TO ENGAGE IN THE PRIVATE, INDEPENDENT
PRACTICE OF MARRIAGE AND FAMILY THERAPY AND HAS THE RIGHT TO PRACTICE
AND SUPERVISE MARRIAGE AND FAMILY THERAPY PRACTICE AND USE THE
TITLE "LICENSED MARRIAGE AND FAMILY THERAPIST"
AND THE ABBREVIATION "LMFT". 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 MARRIAGE AND FAMILY THERAPIST.
(2) NO PERSON MAY ENGAGE IN THE PRACTICE
OF MARRIAGE AND FAMILY THERAPY UNLESS SUCH PERSON IS LICENSED
PURSUANT TO THIS PART 5.
(3) ANY PERSON DULY LICENSED AS A LICENSED
MARRIAGE AND FAMILY THERAPIST SHALL NOT BE REQUIRED TO OBTAIN
ANY OTHER LICENSE OR CERTIFICATION TO PRACTICE MARRIAGE AND FAMILY
THERAPY AS DEFINED IN SECTION 1243503 UNLESS OTHERWISE
REQUIRED BY THE BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS.
(4) NOTHING IN THIS PART 5 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,
PROVIDED THAT THEY DO NOT REPRESENT THEMSELVES TO BE MARRIAGE
AND FAMILY THERAPISTS, OR THEIR SERVICES AS MARRIAGE AND FAMILY
THERAPY.
(5) NOTHING IN THIS PART 5 SHALL BE CONSTRUED
TO PREVENT THE PRACTICE OF PSYCHOTHERAPY BY UNLICENSED PERSONS
WHO ARE LISTED WITH THE STATE GRIEVANCE BOARD PURSUANT TO SECTION
1243702.5.
PART 6
LICENSED PROFESSIONAL COUNSELORS
1243601. Definitions.
AS USED IN THIS PART 6, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "BOARD" MEANS THE
STATE BOARD OF LICENSED PROFESSIONAL COUNSELOR EXAMINERS, CREATED
IN SECTION 1243602.
(2) "CLINICAL MENTAL HEALTH COUNSELING"
INCLUDES:
(a) ASSESSMENT, COUNSELING ACTIVITIES,
CONSULTATION, AND REFERRAL; AND
(b) TREATMENT, DIAGNOSIS, TESTING, ASSESSMENT,
PSYCHOTHERAPY, OR COUNSELING IN A PROFESSIONAL RELATIONSHIP TO
ASSIST INDIVIDUALS OR GROUPS TO ALLEVIATE MENTAL AND EMOTIONAL
DISORDERS, UNDERSTAND UNCONSCIOUS OR CONSCIOUS MOTIVATION, RESOLVE
EMOTIONAL, RELATIONSHIP, OR ATTITUDINAL CONFLICTS, OR MODIFY BEHAVIORS
THAT INTERFERE WITH EFFECTIVE EMOTIONAL, SOCIAL, OR INTELLECTUAL
FUNCTIONING.
(3) "GRIEVANCE BOARD"
MEANS THE STATE GRIEVANCE BOARD CREATED IN SECTION 1243702.
HB 98-1072
(Cont.)
(4) "LICENSED PROFESSIONAL COUNSELOR"
MEANS A PROFESSIONAL COUNSELOR WHO PRACTICES PROFESSIONAL COUNSELING
OR MENTAL HEALTH COUNSELING AND WHO IS LICENSED PURSUANT TO THIS
PART 6.
(5) (a) "PROFESSIONAL COUNSELING"
MEANS:
(I) THOSE ACTIVITIES THAT ASSIST THE PERSON
RECEIVING COUNSELING IN DEVELOPING AN UNDERSTANDING OF PERSONAL,
EMOTIONAL, SOCIAL, EDUCATIONAL, ALCOHOL AND SUBSTANCE ABUSE, DOMESTIC
VIOLENCE, AND VOCATIONAL DEVELOPMENT AND IN PLANNING AND EFFECTING
ACTIONS TO INCREASE FUNCTIONING OR GAIN CONTROL OF HIS OR HER
BEHAVIOR IN SUCH AREAS. SUCH ACTIVITIES INCLUDE, BUT ARE NOT LIMITED
TO, SKILLBUILDING IN COMMUNICATIONS, DECISIONMAKING,
AND PROBLEMSOLVING, CLARIFYING VALUES, PROMOTING ADAPTATION
TO LOSS AND OTHER LIFE CHANGES, DEVELOPING SOCIAL SKILLS, RESTRUCTURING
COGNITIVE PATTERNS, DEFINING EDUCATIONAL AND CAREER GOALS, AND
FACILITATING ADJUSTMENT TO PERSONAL CRISES AND CONFLICTS;
(II) THE SELECTING, ADMINISTERING, SCORING,
AND INTERPRETING OF INSTRUMENTS DESIGNED TO MEASURE APTITUDES,
ATTITUDES, ABILITIES, ACHIEVEMENTS, INTERESTS, EMOTIONS, AND OTHER
PERSONAL CHARACTERISTICS AND INCLUDES THE APPLICATION OF NONSTANDARDIZED
METHODS, SUCH AS INTERVIEWS, TO EVALUATE A PERSON RECEIVING COUNSELING
AND TO EVALUATE SUCH PERSONAL AND SOCIAL FUNCTIONING;
(III) A VOLUNTARY RELATIONSHIP BETWEEN
A COUNSELOR AND A CLIENT IN WHICH THE COUNSELOR ASSISTS A PERSON,
COUPLE, GROUP, OR ORGANIZATION TO COPE WITH MATTERS THAT INCLUDE
RELATIONSHIPS, CONFLICTS, PROBLEMSOLVING, DECISIONMAKING,
AND COMPETENCIES BY INTERPRETING, REPORTING ON, OR APPLYING COUNSELING
THEORY;
(IV) RENDERING OF OR OFFERING TO RENDER
COUNSELING SERVICES THAT FACILITATE EFFECTIVE PERSONAL, EMOTIONAL,
SOCIAL, EDUCATIONAL, AND VOCATIONAL DEVELOPMENT IN INDIVIDUALS,
COUPLES, GROUPS, AND ORGANIZATIONS, WITH AN EMPHASIS ON THE NATURAL
ASPECTS OF HUMAN DEVELOPMENT AND WITH AN EDUCATIONAL ORIENTATION.
(b) PROFESSIONAL COUNSELING FOLLOWS A
PLANNED PROCEDURE OF INTERVENTION THAT TAKES PLACE ON A REGULAR
BASIS, OVER A PERIOD OF TIME, OR IN THE CASES OF TESTING, ASSESSMENT,
AND BRIEF PROFESSIONAL COUNSELING, IT CAN BE A SINGLE INTERVENTION.
(6) "SCHOOL OR COLLEGE"
MEANS ANY UNIVERSITY OR OTHER INSTITUTION OF HIGHER EDUCATION
OFFERING A FULLTIME GRADUATE COURSE OF STUDY IN PROFESSIONAL
COUNSELING APPROVED BY APPROPRIATE NATIONAL ORGANIZATIONS ACCREDITING
PROFESSIONAL COUNSELOR EDUCATION PROGRAMS OR A SUBSTANTIALLY EQUIVALENT
PROGRAM APPROVED BY THE BOARD.
1243602. State board of
licensed professional counselor examiners.
(1) THERE IS HEREBY CREATED THE STATE BOARD OF LICENSED
PROFESSIONAL COUNSELOR EXAMINERS UNDER THE SUPERVISION AND CONTROL
OF THE DIVISION OF REGISTRATIONS OF THE DEPARTMENT OF REGULATORY
AGENCIES, CREATED IN SECTION 241122 (2) (g), C.R.S.
THE BOARD SHALL CONSIST OF SEVEN MEMBERS WHO ARE CITIZENS OF THE
UNITED STATES AND RESIDENTS OF THE STATE OF COLORADO.
(2) (a) THE MEMBERS OF THE BOARD
SHALL BE APPOINTED BY THE GOVERNOR AS FOLLOWS:
(I) FOUR MEMBERS OF THE GENERAL PUBLIC
WHO ARE NOT REGULATED UNDER THIS ARTICLE; AND
(II) THREE LICENSED PROFESSIONAL COUNSELORS.
HB 98-1072
(Cont.)
(b) THE PUBLIC MEMBERS SHALL HAVE NEVER
BEEN A LICENSED PROFESSIONAL COUNSELOR, AN APPLICANT OR FORMER
APPLICANT FOR LICENSURE AS A LICENSED PROFESSIONAL COUNSELOR,
A MEMBER OF ANOTHER MENTAL HEALTH PROFESSION, OR A MEMBER OF A
HOUSEHOLD THAT INCLUDES A LICENSED PROFESSIONAL COUNSELOR 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.
(c) ON OR BEFORE JULY 1, 1998, THE GOVERNOR
SHALL REMOVE TWO OF THE FIVE LICENSED PROFESSIONAL COUNSELORS
SERVING ON THE BOARD AS IT EXISTED ON JUNE 30, 1998, IN COMPLIANCE
WITH THIS SUBSECTION (2). ON OR BEFORE JULY 1, 1998, THE GOVERNOR
SHALL APPOINT TWO ADDITIONAL PUBLIC MEMBERS TO THE BOARD. THE
INITIAL TERMS OF ONE OF THE ADDITIONAL PUBLIC MEMBERS SHALL BE
THREE YEARS, AND THE OTHER ADDITIONAL MEMBER SHALL BE APPOINTED
FOR A TERM OF FOUR YEARS.
(3) NO BOARD MEMBER SHALL SERVE MORE THAN
TWO FULL CONSECUTIVE TERMS.
(4) EACH MEMBER SHALL HOLD OFFICE UNTIL
THE EXPIRATION OF HIS OR HER APPOINTED TERM OR UNTIL A SUCCESSOR
IS DULY APPOINTED, EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS
SECTION, AND EACH MEMBER SHALL THEREAFTER SERVE TERMS OF FOUR
YEARS. WHEN THE TERM OF EACH BOARD MEMBER EXPIRES, THE GOVERNOR
SHALL APPOINT HIS OR HER SUCCESSOR FOR A TERM OF FOUR YEARS. ANY
VACANCY OCCURRING IN THE BOARD MEMBERSHIP OTHER THAN BY THE EXPIRATION
OF A TERM SHALL BE FILLED BY THE GOVERNOR BY APPOINTMENT FOR THE
UNEXPIRED TERM OF SUCH MEMBER.
(5) 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.
(6) 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.
1243603. Licensure
examination licensed professional counselors.
(1) THE BOARD SHALL ISSUE A LICENSE AS A LICENSED PROFESSIONAL
COUNSELOR TO EACH APPLICANT WHO FILES AN APPLICATION UPON A FORM
AND IN SUCH A MANNER AS THE BOARD PRESCRIBES, ACCOMPANIED BY A
FEE AS IS REQUIRED BY SECTION 1243204, 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 AND REGULATIONS ADOPTED
UNDER THIS ARTICLE;
(c) HOLDS A MASTER'S
OR DOCTORAL DEGREE IN PROFESSIONAL COUNSELING FROM AN ACCREDITED
SCHOOL OR COLLEGE OR AN EQUIVALENT PROGRAM AS DETERMINED BY THE
BOARD. SUCH DEGREE OR PROGRAM SHALL INCLUDE A PRACTICUM OR INTERNSHIP
IN THE PRINCIPLES AND THE PRACTICE OF PROFESSIONAL COUNSELING.
(d) HAS AT LEAST TWO YEARS OF POSTMASTER'S
PRACTICE OR ONE YEAR OF POSTDOCTORAL PRACTICE IN APPLIED PSYCHOTHERAPY
UNDER SUPERVISION APPROVED BY THE BOARD; AND
(e) HAS DEMONSTRATED PROFESSIONAL COMPETENCE
BY PASSING AN EXAMINATION IN PROFESSIONAL COUNSELING DEMONSTRATING
SPECIAL KNOWLEDGE AND SKILL IN APPLIED PSYCHOTHERAPY AS PRESCRIBED
BY THE BOARD.
HB 98-1072
(Cont.)
(2) UPON INVESTIGATION OF THE APPLICATION
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 UNDER PARAGRAPHS (a) TO (d)
OF SUBSECTION (1) OF THIS SECTION ARE SATISFACTORY AND ACCEPTED
OR UNSATISFACTORY AND REJECTED. IF 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 EACH 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
APPLICANTS WARRANTS.
(4) 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 LICENSED PROFESSIONAL COUNSELING.
1243604. Rights and privileges
of licensure. (1) ANY PERSON
WHO POSSESSES A VALID, UNSUSPENDED, AND UNREVOKED CERTIFICATE
AS A LICENSED PROFESSIONAL COUNSELOR HAS THE RIGHT TO USE THE
TITLE FOR WHICH HE OR SHE IS LICENSED PURSUANT TO SECTION 1243603.
A PROFESSIONAL COUNSELOR LICENSED PURSUANT TO SECTION 1243603
HAS THE RIGHT TO USE THE ABBREVIATION "LPC".
NO OTHER PERSON SHALL ASSUME THIS TITLE OR USE THIS ABBREVIATION
ON ANY WORK OR LETTER, SIGN, FIGURE, OR DEVICE TO INDICATE THAT
THE PERSON USING THE SAME IS A LICENSED PROFESSIONAL COUNSELOR.
(2) ANY PERSON DULY LICENSED AS A LICENSED
PROFESSIONAL COUNSELOR SHALL NOT BE REQUIRED TO OBTAIN ANY OTHER
LICENSE OR CERTIFICATION TO PRACTICE PROFESSIONAL COUNSELING AS
DEFINED IN SECTION 1243601 UNLESS OTHERWISE REQUIRED
BY THE BOARD OF LICENSED PROFESSIONAL COUNSELOR EXAMINERS.
(3) NOTHING IN THIS ACT 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,
PROVIDED THAT THEY DO NOT REPRESENT THEMSELVES TO BE PROFESSIONAL
COUNSELORS, OR THEIR SERVICES AS PROFESSIONAL COUNSELING.
(4) NOTHING IN THIS PART 6 SHALL BE CONSTRUED
TO PREVENT THE PRACTICE OF PSYCHOTHERAPY BY UNLICENSED PERSONS
WHO ARE LISTED WITH THE STATE GRIEVANCE BOARD PURSUANT TO SECTION
1243702.5.
SECTION 20. 1243701,
Colorado Revised Statutes, is 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.
(2) (1) "Grievance
board" means the state grievance board created by section
1243702.
(3) "Independent advertising
or marketing agent" means a person, firm, association, or
corporation which performs advertising or other marketing services
on behalf of licensees, including referrals of patients to licensees
resulting from patientinitiated responses to such advertising
or marketing services.
HB 98-1072
(Cont.)
(4) "Licensed clinical social
worker" means a person who practices psychotherapy and who
is a clinical social worker licensed pursuant to the provisions
of this article.
(5) "Licensed marriage and
family therapist" or "marriage and family therapist"
means a person who practices psychotherapy and who is a marriage
and family therapist licensed pursuant to the provisions of this
article.
(6) "Licensed professional
counselor" or "professional counselor" means a
person who practices psychotherapy and who is a professional counselor
licensed pursuant to the provisions of this article.
(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.
(8.5) (2) "Professional
relationship" means an interaction that is deliberately planned
or directed, or both, by the psychotherapist toward obtaining
specific psychotherapeutic objectives, such as those set forth
in subsection (9)
(3) of this section.
(9) (3) "Psychotherapy"
means the treatment, diagnosis, testing, assessment, or counseling
in a professional relationship to assist individuals or groups
to alleviate mental disorders, understand unconscious or conscious
motivation, resolve emotional, relationship, or attitudinal conflicts,
or modify behaviors which interfere with effective emotional,
social, or intellectual functioning. Psychotherapy follows a planned
procedure of intervention which takes place on a regular basis,
over a period of time. It is the intent of the general assembly
that the definition of psychotherapy as used in this part 7 be
interpreted in its narrowest sense to regulate only those persons
who clearly fall within the definition set forth in this subsection
(9) (3).
(10) (4) "Unlicensed
psychotherapist" means any person whose primary practice
is psychotherapy or who holds himself OR HERSELF out to the public
as being able to practice psychotherapy for compensation and who
is not a certified school psychologist or
who is not licensed under this title to practice psychotherapy.
"UNLICENSED PSYCHOTHERAPIST" ALSO MEANS A PERSON
WHO IS A CERTIFIED OR LICENSED SCHOOL PSYCHOLOGIST, CERTIFIED
PURSUANT TO SECTION 2260104 (1) (e), C.R.S., OR LICENSED
PURSUANT TO SECTION 2260.5210 (1) (b), C.R.S., AND
WHO IS PRACTICING OUTSIDE OF A SCHOOL SETTING.
SECTION 21. 1243702,
Colorado Revised Statutes, is 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
SEVEN members or eleven members, as
determined pursuant to this section,
who are residents of the state of Colorado.
(2) Four members of the grievance board
shall be appointed by the governor with
the consent of the senate, ON JULY
1, 1998, from the general public WHO ARE NOT REGULATED BY THIS
ARTICLE 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.
HB 98-1072
(Cont.)
(3) Four
THREE members of the grievance board shall be licensed
members of their respective licensing boards
UNLICENSED PSYCHOTHERAPISTS and shall be appointed by the governor
with the consent of the senate as
follows: ON JULY 1, 1998. THE INITIAL
TERM OF ONE OF THE THREE UNLICENSED PSYCHOTHERAPIST MEMBERS SHALL
BE TWO YEARS, ONE SHALL BE THREE YEARS, AND ONE SHALL BE FOUR
YEARS.
(a) A licensed marriage and family
therapist to serve a term of two years;
(b) A licensed professional counselor
to serve a term of two years;
(c) A licensed clinical social
worker to serve a term of two years;
(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 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:
THE TERMS OF THE MEMBERS SERVING ON THE STATE GRIEVANCE BOARD
AS IT EXISTED PRIOR TO JULY 1, 1998, SHALL EXPIRE ON JUNE 30,
1998.
(a) If the disciplinary action
relates to a licensed psychologist, the three additional members
shall be licensed psychologists.
(b) If the disciplinary action
relates to a licensed clinical social worker, the three additional
members shall be licensed clinical social workers.
(c) If the disciplinary action
relates to a licensed marriage and family therapist, the three
additional members shall be licensed marriage and family therapists.
(d) If the disciplinary action
relates to a licensed professional counselor, the three additional
members shall be licensed professional counselors.
(e) If the disciplinary action
relates to a certified school psychologist, the three additional
members shall be certified school psychologists.
(f) If the disciplinary action
relates to an unlicensed psychotherapist, the three additional
members shall be unlicensed psychotherapists.
(5) (a) Five 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 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 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.
(d) Of the three persons eligible
to serve on the grievance board under subsection (4) of this section
as unlicensed psychotherapists, one shall be appointed by the
governor to serve a term of one year, one shall be appointed to
serve a term of two years, and one shall be appointed to serve
a term of three years.
(6) (a)
(5) Members of the grievance board appointed under
subsection (2) or (3) of this section may serve two full consecutive
terms.
HB 98-1072
(Cont.)
(b) The appointees under paragraphs
(a) and (b) of subsection (3) of this section and under paragraphs
(c) and (d) of subsection (4) of this section shall have met all
qualifications for licensure pursuant to section 1243503
(1) (a) to (1) (d) or 1243603 (1) (a) to (1) (d) and
shall have been practicing in their professions for at least five
years prior to appointment. The initial appointees shall be licensed
pursuant to section 1243502 (3) or 1243602
(3). The governor shall remove a board member for failure to comply
with the requirements of this section.
(7) (6) Each
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 grievance board member expires, the governor shall appoint
his OR HER successor for a term of three
FOUR years. Any vacancy occurring in the grievance board membership
other than by the expiration of a term shall be filled by the
governor by appointment for the unexpired term of such member.
The governor may remove any grievance board member for misconduct,
incompetence, or neglect of duty. Actions constituting neglect
of duty shall include, but not be limited to, the failure of board
members to attend three consecutive meetings or at least threequarters
of the board's meetings in any one calendar year.
(8) Members of the grievance board
and consultants to the grievance board shall be immune from suit
in any action, civil or criminal, based upon any disciplinary
proceedings or other official acts performed in good faith as
members of such board or as consultants to such board.
(9) (7) A
majority of the grievance board shall constitute a quorum for
the transaction of all business. However,
for purposes of initial consideration of complaints, a quorum
shall be a majority of all members appointed pursuant to subsections
(2) and (3) of this section. For purposes of the initial consideration
of complaints, if a member of the grievance board appointed pursuant
to subsection (2) or (3) of this section is disqualified from
participating in grievance board deliberations on any matter due
to having an immediate personal, private, or financial interest
in any matter pending before the grievance board, a member appointed
pursuant to subsection (4) of this section from the same discipline
as the member disqualified from participation may participate
and vote on the matter before the grievance board and shall constitute
part of the quorum required by this subsection (9).
(10) The provisions of section
2434104, C.R.S., concerning the termination schedule
for regulatory bodies of the state unless continued as provided
in that section, are applicable to the grievance board.
SECTION 22. Part
7 of article 43 of title 12, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION CONTAINING RELOCATED PROVISIONS,
WITH AMENDMENTS, to read:
1243702.5. [Formerly 1243220] Data
base of unlicensed psychotherapists violation penalty
data collection. (1) The
grievance board shall maintain a data base of all UNLICENSED persons
practicing psychotherapy in this state. whether
as licensed practitioners pursuant to this article or as unlicensed
psychotherapists. The grievance board
shall charge a fee in the same manner as authorized in section
2434105, C.R.S., for recording information in the
data base as required by this section. Information in the data
base maintained pursuant to this section shall be open to public
inspection at all times.
HB 98-1072
(Cont.)
(2) No later
than January 1, 1993, any psychotherapist licensed pursuant to
the provisions of this article and
Any unlicensed psychotherapist shall record such therapist's name,
current address, educational qualifications, disclosure statements,
therapeutic orientation or methodology, or both, and years of
experience in each specialty area with the grievance board for
inclusion in the data base required by subsection (1) of this
section. UNLICENSED psychotherapists shall be required to update
such information at least annually and at such other times and
under such conditions as the grievance board shall prescribe by
rule and regulation. At the time of recording the information
required by this section, the UNLICENSED psychotherapist shall
indicate whether or not the UNLICENSED psychotherapist has been
convicted of or entered a plea of guilty or a plea of nolo contendere
to any felony or misdemeanor. UNLICENSED psychotherapists recording
the information required by this section shall be given a copy
of the statutes and a copy of the state grievance board rules.
(3) On and after January
1, 1993 JULY 1, 1998, no UNLICENSED
person may practice psychotherapy if such person is not included
in the data base required by this section. Any person who violates
the provisions of this subsection (3) commits a class 3 misdemeanor
and shall be punished as provided in section 181106,
C.R.S. Notwithstanding the requirements of this section, no unlicensed
psychotherapist may use the term "registered", "REGULATED",
"certified", "clinical", "stateregistered",
"stateapproved", or any other term, abbreviation,
or symbol that would falsely give the impression that the psychotherapist
or the service which
THAT is being provided is recommended or approved by the state,
based solely on inclusion in the data base.
(4) Repealed.
(4) ON AND AFTER JULY 1, 2000, NO PERSON
MAY BE LISTED BY THE GRIEVANCE BOARD PURSUANT TO THIS SECTION
UNLESS SUCH PERSON HAS SUCCESSFULLY COMPLETED A JURISPRUDENCE
WORKSHOP AND CORRESPONDING EXAMINATION APPROVED BY THE BOARD OR
THE EQUIVALENT OF SUCH WORKSHOP AND EXAMINATION AS DETERMINED
BY THE BOARD.
SECTION 23. Repeal of provisions
being relocated in this act. 1243703,
1243704, 1243704.5, 1243705,
1243706, 1243707, 1243708,
and 1243712, Colorado Revised Statutes, are repealed.
SECTION 24. 1243710,
Colorado Revised Statutes, is amended to read:
1243710. Grievance board
transfer of jurisdiction. All investigations
completed or in progress pursuant to sections 1243111
and 1263.5114 1243703
AND 1243705 as said sections existed on June 30, 1988
1998, INCLUDING THOSE CASES THAT HAVE BEEN REFERRED TO HEARING
OR ARE BEFORE AN ADMINISTRATIVE LAW JUDGE, shall be referred to
the grievance
board THAT LICENSES, REGISTERS, OR REGULATES THE PERSON BEING
INVESTIGATED OR ADJUDICATED. IF THE LICENSEE, REGISTRANT, OR UNLICENSED
PSYCHOTHERAPIST IS REGULATED BY MORE THAN ONE BOARD, THE INVESTIGATION
OR CASE BEING ADJUDICATED SHALL BE REFERRED TO THE BOARD AS DETERMINED
BY THE DIRECTOR OF THE DIVISION OF REGISTRATIONS, FOR FINAL ADJUDICATION.
Hearings which have been initiated
by a board or formally referred to hearing or dismissed pursuant
to such sections prior to July 1, 1988 1998, shall be completed
and a decision rendered by that board.
All actions taken and decisions rendered by a
THE GRIEVANCE board prior to July 1, 1988
1998, are hereby ratified.
SECTION 25. 2434102,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
2434102. Division of registrations
creation duties of division and department heads.
(14) ON AND AFTER JULY 1, 1998, THE AUTHORITY VESTED
IN THE DEPARTMENT OF HUMAN SERVICES AND THE BOARD OF HUMAN SERVICES
TO CERTIFY AND DISCIPLINE CERTIFIED ALCOHOL AND DRUG ABUSE COUNSELORS
IS TRANSFERRED TO THE DIRECTOR OF THE DIVISION OF REGISTRATIONS
IN THE DEPARTMENT OF REGULATORY AGENCIES. THE DEPARTMENT OF HUMAN
SERVICES AND BOARD OF HUMAN SERVICES SHALL CONTINUE TO EXERCISE
ALL OTHER RIGHTS, POWERS, DUTIES, FUNCTIONS, AND OBLIGATIONS VESTED
IN THE THOSE ENTITIES CONCERNING CERTIFIED ALCOHOL AND DRUG ABUSE
COUNSELORS PURSUANT TO PART 2 OF ARTICLE 1 OF TITLE 25, C.R.S.
THE DIRECTOR OF THE DIVISION OF REGISTRATIONS MAY PROMULGATE RULES,
WHICH SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
HB 98-1072
(Cont.)
(a) A REQUIREMENT THAT ALCOHOL AND DRUG
ABUSE COUNSELORS, IN ORDER TO PARTICIPATE IN PUBLIC PROGRAMS OR
TO PROVIDE PURCHASED SERVICES AND CERTIFICATION REQUIREMENTS THEREFOR,
SHALL MEET STANDARDS ESTABLISHED BY THE BOARD OF HUMANS SERVICES
BY RULE. IN ADDITION TO ALCOHOL AND DRUG ABUSE COUNSELORS SPECIFICALLY
AUTHORIZED TO BE CERTIFIED FOR APPROVED PROGRAMS PURSUANT TO PART
2 OF ARTICLE 1 OF TITLE 25, C.R.S., THE DIRECTOR OF THE DIVISION
OF REGISTRATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES MAY
CERTIFY ALCOHOL AND DRUG ABUSE COUNSELORS, UPON INDIVIDUAL APPLICATION,
IN ANY ALCOHOL OR DRUG ABUSE TREATMENT PROGRAM REQUIRED AS A CONDITION
OF PROBATION UNDER PART 2 OF ARTICLE 11 OF TITLE 16, C.R.S., ANY
ALCOHOL OR DRUG ABUSE PROGRAM ADMINISTERED BY THE DIVISION OF
ADULT SERVICES UNDER ARTICLE 2 OF TITLE 17, C.R.S., ANY COMMUNITY
CORRECTIONS FACILITY OR PROGRAM ADMINISTERED UNDER ARTICLE 27
OF TITLE 17, C.R.S., AND ANY ALCOHOL OR DRUG ABUSE TREATMENT PROGRAM
ADMINISTERED BY THE DIVISION OF YOUTH CORRECTIONS UNDER TITLE
19, C.R.S.
(b) FEES TO BE CHARGED FOR ALCOHOL AND
DRUG ABUSE COUNSELOR CERTIFICATION AND RENEWAL. THE AMOUNT ASSESSED
SHALL BE SUFFICIENT TO COVER A PORTION OF THE COSTS OF ADMINISTERING
SUCH CERTIFICATION AND TESTING, AND THE MONEYS COLLECTED AFTER
JUNE 30, 1998, SHALL BE DEPOSITED IN THE DIVISION OF REGISTRATIONS
CASH FUND CREATED IN SECTION 2434105 (2) (b) (I).
ADDITIONAL FUNDING MAY BE OBTAINED FROM GENERAL, CASH, OR FEDERAL
FUNDS OTHERWISE APPROPRIATED TO THE DIVISION OF REGISTRATIONS
IN THE DEPARTMENT OF REGULATORY AGENCIES. A PORTION OF THE MONEYS
IN THE ALCOHOL AND DRUG ABUSE COUNSELOR CERTIFICATION FUND, CREATED
IN SECTION 251211, C.R.S., PRIOR TO JULY 1, 1998,
SHALL REMAIN WITH THE DEPARTMENT OF HUMAN SERVICES FOR TRANSITION
WORK, AND THE BALANCE OF THE FUND SHALL BE TRANSFERRED TO THE
DIVISION OF REGISTRATIONS CASH FUND CREATED IN SECTION 2434105
(2) (b) (I).
(c) A REQUIREMENT THAT ALCOHOL AND DRUG
ABUSE COUNSELORS SHALL COMPLY WITH SECTION 1243222,
C.R.S., IN ORDER TO OBTAIN AND MAINTAIN CERTIFICATION.
(d) PROCEDURES FOR DISCIPLINARY ACTIONS
AGAINST CERTIFIED ALCOHOL AND DRUG ABUSE COUNSELORS FOR PROHIBITED
OR UNLAWFUL ACTS THAT ARE CONSISTENT WITH THE PROCEDURES ESTABLISHED
IN SECTIONS 1243212, 1243223, 1243224,
1243225, 1243226, AND 1243227.
SECTION 26. 2434105
(2) (b) (I), Colorado Revised Statutes, is amended to read:
2434105. Fee adjustments
division of registrations cash fund created legal
defense account. (2) (b) (I) 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,
and the state grievance board shall be considered collectively
in the RENEWAL feesetting process. Subsequent revenue generated
by the fees set by such boards plus revenues generated pursuant
to section 1243220
SECTION 1243702.5, 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 27. 1016104
(5) (b) (II), (5) (b) (III), and (7) (a) (I) (B), Colorado Revised
Statutes, are 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:
HB 98-1072
(Cont.)
(b) (II) If any mental health services
are a benefit made available under major medical coverage or as
a benefit made available by an entity subject to the provisions
of part 3 of this article and such services are performed by a
registered professional nurse or licensed clinical social worker,
LICENSED PROFESSIONAL COUNSELOR, OR LICENSED MARRIAGE AND FAMILY
THERAPIST who is licensed to practice in this state, reimbursement
for these services shall not be denied and shall be made directly
to the registered professional nurse, or
licensed clinical social worker, LICENSED PROFESSIONAL COUNSELOR,
OR LICENSED MARRIAGE AND FAMILY THERAPIST when acting as an independent
provider, whether or not such services are provided under the
direct supervision of a physician or licensed psychologist. Nothing
in this subparagraph (II) shall be interpreted to expand the scope
of professional nursing, or
licensed clinical social worker, LICENSED PROFESSIONAL COUNSELOR,
OR LICENSED MARRIAGE AND FAMILY THERAPIST practice.
(III) For purposes of this subsection
(5), "licensed clinical social worker" means a person
who is licensed as a clinical social worker under part 4 of article
43 of title 12, C.R.S., and who has at least five years of experience
in psychotherapy, as defined in section 1243701 (9)
(3), C.R.S., under appropriate supervision, beyond a master's
degree; "LICENSED PROFESSIONAL COUNSELOR" MEANS
A PERSON WHO IS LICENSED AS A PROFESSIONAL COUNSELOR UNDER PART
6 OF ARTICLE 43 OF TITLE 12, C.R.S., AND WHO HAS AT LEAST FIVE
YEARS OF EXPERIENCE IN PSYCHOTHERAPY, AS DEFINED IN SECTION 1243701
(3), C.R.S., UNDER APPROPRIATE SUPERVISION, BEYOND A MASTER'S
DEGREE; AND "LICENSED MARRIAGE AND FAMILY THERAPIST"
MEANS A PERSON WHO IS LICENSED AS A MARRIAGE AND FAMILY THERAPIST
UNDER PART 5 OF ARTICLE 43 OF TITLE 12, C.R.S., AND WHO HAS AT
LEAST FIVE YEARS OF EXPERIENCE IN PSYCHOTHERAPY, AS DEFINED IN
SECTION 1243701 (3), C.R.S., UNDER APPROPRIATE SUPERVISION,
BEYOND A MASTER'S DEGREE.
(7) Reimbursement of providers.
(a) Sickness and accident insurance. (I) (B) The
licensed persons who may not be denied reimbursement pursuant
to SUBSUBPARAGRAPH (A) OF THIS subparagraph (I) of
this paragraph (a) shall include
registered professional nurses and licensed clinical social workers.
However, such inclusion shall not be interpreted as enlarging
the scope of professional nursing or licensed clinical social
worker practice. For purposes of this subsection (3)
(7), "licensed clinical social worker" shall have the
meaning set forth in subparagraph (III) of paragraph (b) of subsection
(5) of this section.
SECTION 28. 134102
(2) (s), Colorado Revised Statutes, is amended to read:
134102. Jurisdiction.
(2) The court of appeals shall have initial jurisdiction
to:
(s) Review final actions and orders appropriate
for judicial review of the state grievance
board BOARDS, as provided
DEFINED in section 1243705,
1243201 (1), C.R.S.;
SECTION 29. 1390107
(1) (g), Colorado Revised Statutes, is amended to read:
1390107. Who may not testify
without consent. (1) There
are particular relations in which it is the policy of the law
to encourage confidence and to preserve it inviolate; therefore,
a person shall not be examined as a witness in the following cases:
HB 98-1072
(Cont.)
(g) A licensed psychologist, professional
counselor, marriage and family therapist, or
social worker, OR UNLICENSED PSYCHOTHERAPIST shall not be examined
without the consent of such licensee's OR UNLICENSED PSYCHOTHERAPIST'S
client as to any communication made by the client to such licensee
OR UNLICENSED PSYCHOTHERAPIST, or such licensee's OR UNLICENSED
PSYCHOTHERAPIST'S advice given thereon in the course of professional
employment; nor shall any secretary, stenographer, or clerk employed
by a licensed psychologist, professional counselor, marriage and
family therapist, or
social worker, OR UNLICENSED PSYCHOTHERAPIST be examined without
the consent of the employer of such secretary, stenographer, or
clerk concerning any fact, the knowledge of which such employee
has acquired in such capacity; nor shall any person who has participated
in any psychotherapy, conducted under the supervision of a person
authorized by law to conduct such therapy, including but not limited
to group therapy sessions, be examined concerning any knowledge
gained during the course of such therapy without the consent of
the person to whom the testimony sought relates.
SECTION 30. The
introductory portion to 251207 (1) and 251207
(1) (d), Colorado Revised Statutes, are amended to read:
251207. Rules.
(1) The department
STATE BOARD OF HUMAN SERVICES, CREATED IN SECTION 261107,
C.R.S., has the power to promulgate rules and
regulations governing the provisions
of this part 2. Such rules and regulations
may include, but shall not be limited to:
(d) Standards that must be met by alcohol
and drug abuse counselors to participate in public programs or
to provide purchased services and certification requirements therefor.
In addition to alcohol and drug abuse counselors specifically
authorized to be certified for approved programs pursuant to this
part 2, the department may certify alcohol and drug abuse counselors,
upon individual application, in any alcohol or drug abuse treatment
program required as a condition of probation under part 2 of article
11 of title 16, C.R.S., any alcohol or drug abuse program administered
by the division of adult services under article 2 of title 17,
C.R.S., any community correctional facility or program administered
under article 27 of title 17, C.R.S., and any alcohol or drug
abuse treatment program administered by the division of youth
corrections under title 19, C.R.S.
NECESSARY TO BE CERTIFIED BY THE DIRECTOR OF THE DIVISION OF REGISTRATIONS,
PURSUANT TO SECTION 2434102 (14), C.R.S.
SECTION 31. 251211,
Colorado Revised Statutes, is amended to read:
251211. Counselor training
fund created. (1) The
executive director of the department of human services shall establish
by rule and regulation fees to be charged for alcohol and drug
abuse counselor certification and
renewal and fees for related testing and training of counselors
TRAINING. The amount assessed shall be sufficient to cover a portion
of the costs of administering such certification,
testing, and training, and the moneys
collected therefor shall be deposited in the alcohol and drug
abuse counselor certification
TRAINING fund. Additional funding may be obtained from general,
cash, or federal funds otherwise appropriated to the division.
(2) There is hereby created in the office
of the state treasurer the alcohol and drug abuse counselor certification
TRAINING fund. THE ALCOHOL AND DRUG ABUSE COUNSELOR TRAINING FUND
IS THE SUCCESSOR FUND TO THE ALCOHOL AND DRUG ABUSE COUNSELOR
CERTIFICATION FUND. Moneys collected pursuant to subsection (1)
of this section shall be deposited in the fund. The moneys in
the fund shall be subject to annual appropriation by the general
assembly to the department of human services for allocation to
the division of alcohol and drug abuse for the administration
of alcohol and drug abuse counselor certification
TRAINING requirements established by rules and
regulations of the department
STATE BOARD of human services pursuant to section 251207
(1) (d). Moneys in the fund at the end of the fiscal year shall
remain in the fund and shall not revert to the general fund.
SECTION 32. 2710105
(1) (a) and (2), Colorado Revised Statutes, are amended to read:
2710105. Emergency procedure.
(1) Emergency procedure may be invoked under either
one of the following two conditions:
HB 98-1072
(Cont.)
(a) When any person appears to be mentally
ill and, as a result of such mental illness, appears to be an
imminent danger to others or to himself OR HERSELF or appears
to be gravely disabled, THEN a peace officer; a professional person;
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 LICENSED MARRIAGE AND
FAMILY THERAPIST OR LICENSED PROFESSIONAL COUNSELOR, LICENSED
UNDER THE PROVISIONS OF PART 5 OR 6 OF ARTICLE 43 OF TITLE 12,
C.R.S., WHO BY REASON OF POSTGRADUATE EDUCATION AND ADDITIONAL
PREPARATION HAS GAINED KNOWLEDGE, JUDGMENT, AND SKILL IN PSYCHIATRIC
OR CLINICAL MENTAL HEALTH THERAPY, FORENSIC PSYCHOTHERAPY, OR
THE EVALUATION OF MENTAL DISORDERS; or a licensed clinical social
worker licensed under the provisions of part 4 of article 43 of
title 12, C.R.S., EACH OF WHOM IS REFERRED TO IN THIS SECTION
AS THE "INTERVENING PROFESSIONAL", upon probable
cause and with such assistance as may be required, may take the
person into custody, or cause him
THE PERSON to be taken into custody, and place
him PLACED in a facility designated
or approved by the executive director for a seventytwohour
treatment and evaluation.
(2) Such facility shall require an application
in writing, stating the circumstances under which the person's
condition was called to the attention of the officer,
professional person, registered professional nurse, or licensed
clinical social worker INTERVENING
PROFESSIONAL and further stating sufficient facts, obtained from
his THE
personal observations OF THE INTERVENING PROFESSIONAL or obtained
from others which he
WHOM HE OR SHE reasonably believes to be reliable, to establish
that the person is mentally ill and, as a result of mental illness,
an imminent danger to others or to himself
SUCH PERSON or gravely disabled. The application shall indicate
when the person was taken into custody and who brought the person's
condition to the attention of the officer,
professional person, registered professional nurse, or licensed
clinical social worker INTERVENING
PROFESSIONAL. The application shall be kept on file by the seventytwohour
treatment and evaluation facility for at least five years, and
a copy shall be furnished to the person being evaluated.
SECTION 33. Appropriations
adjustments in the 1998 long bill. (1) In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the division of registrations cash fund not
otherwise appropriated, to the department of regulatory agencies,
division of registrations for operating expenses, for the fiscal
year beginning July 1, 1998, the sum of thirtyfour thousand
three hundred sixtytwo dollars ($34,362), or so much thereof
as may be necessary, for the implementation of this act.
(2) For the implementation of this act,
appropriations made in the annual general appropriation act to
the department of human services for the fiscal year beginning
July 1, 1998, shall be adjusted as follows:
(a) The appropriation from the alcohol
and drug abuse counselor training fund to the office of health
and rehabilitation services, alcohol and drug abuse division,
administration, program administration for personal services,
is decreased by eightysix thousand four hundred four dollars
($86,404) and 2.0 FTE.
(b) The appropriation from the alcohol
and drug abuse counselor training fund to the office of health
and rehabilitation services, alcohol and drug abuse division,
administration, program administration for operating expenses,
is decreased by twentytwo thousand one hundred thirtyseven
dollars ($22,137).
(c) The appropriation from the alcohol
and drug abuse counselor training fund to the office of health
and rehabilitation services, alcohol and drug abuse division,
administration, program administration for indirect cost assessment,
is decreased by six thousand seven hundred eleven dollars ($6,711).
(3) For the implementation of this act,
appropriations made in the annual general appropriation act for
the fiscal year beginning July 1, 1998, shall be adjusted as follows:
(a) The appropriation from the division
of registrations cash fund to the department of regulatory agencies,
division of registrations for personal services, is increased
by sixthree thousand two hundred twentynine dollars
($63,229) and 2.0 FTE.
HB 98-1072
(Cont.)
(b) The appropriation from the division
of registrations cash fund to the department of regulatory agencies,
division of registrations for operating expenses, is increased
by twentyseven thousand five hundred thirtyseven dollars
($27,537).
(c) The appropriation from the division
of registrations cash fund to the department of regulatory agencies,
executive director's office, director's office for legal services,
is increased by six thousand nine hundred twelve dollars ($6,912).
(d) The appropriation from the division
of registrations cash fund to the department of law for the fiscal
year beginning July 1, 1998, is increased by six thousand nine
hundred twelve dollars ($6,912), for the provision of legal services
to the division of registrations related to the implementation
of this act. Such sum shall be from cash funds exempt received
from the division of registrations out of the appropriation made
in paragraph (c) of this subsection (3).
(e) The appropriation from the division
of registrations cash fund to the department of regulatory agencies,
executive director's office, director's office for administrative
law judge services, is increased by one thousand five hundred
twentyone dollars ($1,521).
(f) The appropriation from the division
of registrations cash fund to the department of personnel for
the fiscal year beginning July 1, 1998, is increased by one thousand
five hundred twentyone dollars ($1,521), for the provision
of administrative law judge services to the division of registrations
related to the implementation of this act. Such sum shall be from
cash funds exempt received from the division of registrations
out of the appropriation made in paragraph (e) of this subsection
(3).
SECTION 34. Effective
date. This act shall take effect July 1, 1998.
SECTION 35. 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.".
MESSAGES FROM THE HOUSE
April 14, 1998
Mr. President:
The House has adopted the First Report of the First
Conference Committee on SB98-013, as printed in House Journal,
April 13, pages 1280-1281, and has repassed the bill as so amended.
The bill is returned herewith.
The House has adopted the First Report of the First
Conference Committee on SB98-137, as printed in House Journal,
April 13, page 1281, and has repassed the bill as so amended.
The bill is returned herewith.
The House has adopted and transmits herewith HJR98-1020,
as printed in House Journal, March 18, pages 949-950, and amended
as printed in House Journal, April 14, 1998.
The House has adopted and returns herewith SJR98-20.
The House has voted to concur in the Senate amendments
to HB98-1128, 1159, 1325 and has repassed the bills as so amended.
The House has voted not to concur in the Senate amendments to HB98-1016 and requests that a conference committee be appointed. The Speaker has appointed Representatives T. Williams, chairman, Spradley, and Tate as House conferees on the First Conference Committee on HB98-1016. The bill is transmitted herewith.
The House has voted not to concur in the Senate amendments
to HB98-1312 and requests that a conference committee be appointed.
The Speaker has appointed Representatives Pfiffner, chairman,
Taylor, and Zimmerman as House conferees on the First Conference
Committee on HB98-1312. The bill is transmitted herewith.
April 14, 1998
Mr. President:
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1202, amended as printed in House Journal, April 13, page 1289;
HB98-1255, amended as printed in House Journal, April 13, page 1290;
HB98-1387, amended as printed in House Journal, April 13, pages 1289-1290;
HB98-1403, amended as printed in House Journal, April
13, page 1290 and amended on Third Reading as printed in House
Journal, April 14.
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON SB 9813
*****************************
THIS REPORT AMENDS THE
REREVISED BILL
*****************************
To the President of the Senate and the
Speaker of the House of Representatives:
Your first conference committee appointed on SB 9813,
concerning disclosure requirements for optional managed care arrangements
in motor vehicle insurance policies, has met and reports that
it has agreed upon the following:
That the Senate accede to the House amendments made
to the bill, as said amendments appear in the rerevised bill,
with the following changes:
Amend rerevised bill, page 2, line 25, strike "VARIANCE
IN COST" and substitute "COST SAVINGS".
Page 3, line 17, strike "DIFFERENCE" and
substitute "SAVINGS".
Respectfully submitted,
Senate Committee: House Committee:
(Signed) (Signed)
Sen. Ray Powers, Chair Rep. Tambor Williams, Chair
Sen. Ed Perlmutter Rep. Bill Swenson
Sen. Elsie Lacy Rep. Jennifer Viega
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON SB 98137
*****************************
THIS REPORT AMENDS THE
REREVISED BILL
*****************************
To the President of the Senate and the
Speaker of the House of Representatives:
Your first conference committee appointed on SB 98137,
concerning use of HIV testing information in cases where the person
tested is charged with a crime involving sexual behavior, has
met and reports that it has agreed upon the following:
1. That the Senate accede to the House amendments
made to the bill, as said amendments appear in the rerevised bill.
2. That, under the authority granted the committee
to consider matters not at issue between the two houses, the following
amendment be recommended:
SB 98-137
(Cont.)
Amend rerevised bill, page 10, line 16, before "JUDICIAL",
insert "ADMINISTRATIVE OR".
Respectfully submitted,
Senate Committee: House Committee:
(Signed) (Signed)
Sen. Dottie Wham, Chair Rep. Jeanne M. Adkins, Chair
Sen. Ken Arnold Rep. Jennifer Viega
Sen. Joan M. Johnson Rep. William G. Kaufman
INTRODUCTION OF BILL--FIRST READING
The following bill was read by title and referred
to the committee indicated:
SB 98-197 by Senators Bishop, Johnson, Ament, Dennis, Hopper, Martinez, Matsunaka, Reeves, Rizzuto, Tebedo, and Wattenberg; also Representatives Young and Anderson--Concerning regulation of games of chance by continuing licensing powers conferred upon the secretary of state by the Colorado constitution and reassigning enforcement powers to the department of revenue.
Business Affairs and Labor
______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, April 14, was laid over until Wednesday, April 15, retaining its place on the calendar.
______________________________
JOURNAL CORRECTION
Senate Journal, April 9, page 740, line 48, strike
"54,257,867" and substitute "54,527,867".
On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Wednesday,
April 15, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate