Amendments for HB13-1104

House Journal, February 8
15 HB13-1104 be amended as follows, and as so amended, be referred to
16 the Committee of the Whole with favorable
17 recommendation:
18
19 Amend printed bill, page 5, after line 11 insert:
20
41121 "SECTION 3. In Colorado Revised Statutes, repeal 12-43-
22 (4), 12-43-506 (4), 12-43-605 (4), and 12-43-805 (4).
23 SECTION 4. In Colorado Revised Statutes, 13-90-107, amend
24 (1) (g) as follows:
25 13-90-107. Who may not testify without consent. (1) (g) A
26 licensed psychologist, professional counselor, marriage and family
27 therapist, social worker, or addiction counselor, a registered
28 psychotherapist, or a certified addiction counselor, A PSYCHOLOGIST
29 CANDIDATE REGISTERED PURSUANT TO SECTION 12-43-304 (7), C.R.S., A
30 MARRIAGE AND FAMILY THERAPIST CANDIDATE REGISTERED PURSUANT TO
31 SECTION 12-43-504 (5), C.R.S., A LICENSED PROFESSIONAL COUNSELOR
32 CANDIDATE REGISTERED PURSUANT TO SECTION 12-43-603 (5), C.R.S., OR
33 A PERSON DESCRIBED IN SECTION 12-43-215, C.R.S., shall not be
34 examined without the consent of the licensee's, certificate holder's, or
35 registrant's, CANDIDATE'S, OR PERSON'S client as to any communication
36 made by the client to the licensee, certificate holder, or registrant,
37 CANDIDATE, OR PERSON or the licensee's, certificate holder's, or
38 registrant's, CANDIDATE'S, OR PERSON'S advice given in the course of
39 professional employment; nor shall any secretary, stenographer, or clerk
40 employed by a licensed psychologist, professional counselor, marriage
41 and family therapist, social worker, or addiction counselor, a registered
42 psychotherapist, or a certified addiction counselor, A PSYCHOLOGIST
43 CANDIDATE REGISTERED PURSUANT TO SECTION 12-43-304 (7), C.R.S., A
44 MARRIAGE AND FAMILY THERAPIST CANDIDATE REGISTERED PURSUANT TO
45 SECTION 12-43-504 (5), C.R.S., A LICENSED PROFESSIONAL COUNSELOR
46 CANDIDATE REGISTERED PURSUANT TO SECTION 12-43-603 (5), C.R.S., OR
47 A PERSON DESCRIBED IN SECTION 12-43-215, C.R.S., be examined without
48 the consent of the employer of the secretary, stenographer, or clerk
49 concerning any fact, the knowledge of which the employee has acquired
50 in such capacity; nor shall any person who has participated in any
51 psychotherapy, conducted under the supervision of a person authorized
52 by law to conduct such therapy, including group therapy sessions, be
53 examined concerning any knowledge gained during the course of such
54 therapy without the consent of the person to whom the testimony sought
55 relates.
56 SECTION 5. In Colorado Revised Statutes, 19-1-307, amend (2)
1 (e.5) (I) (M) and (2) (e.5) (I) (N); and add (2) (e.5) (I) (O) as follows:
2 19-1-307. Dependency and neglect records and information -
3 access - fee - rules - records and reports fund - misuse of information
4 - penalty. (2) Records and reports - access to certain persons -
5 agencies. Except as otherwise provided in section 19-1-303, only the
6 following persons or agencies shall be given access to child abuse or
7 neglect records and reports:
8 (e.5) (I) A mandatory reporter specified in this subparagraph (I)
9 who is and continues to be officially and professionally involved in the
10 ongoing care of the child who was the subject of the report, but only with
11 regard to information that the mandatory reporter has a need to know in
12 order to fulfill his or her professional and official role in maintaining the
13 child's safety. A county department shall request written affirmation from
14 a mandatory reporter stating that the reporter continues to be officially
15 and professionally involved in the ongoing care of the child who was the
16 subject of the report and describing the nature of the involvement, unless
17 the county department has actual knowledge that the mandatory reporter
18 continues to be officially and professionally involved in the ongoing care
19 of the child who was the subject of the report. This subparagraph (I)
20 applies to:
21 (M) Clergy members, as defined in section 19-3-304 (2) (aa) (III);
22 and
23 (N) Educators providing services through a federal special
24 supplemental nutrition program for women, infants, and children, as
25 provided for in 42 U.S.C. sec. 1786; AND
26 (O) A PERSON WHO IS REGISTERED AS A PSYCHOLOGIST CANDIDATE
27 PURSUANT TO SECTION 12-43-304 (7), C.R.S., MARRIAGE AND FAMILY
28 THERAPIST CANDIDATE PURSUANT TO SECTION 12-43-504 (5), C.R.S., OR
29 LICENSED PROFESSIONAL COUNSELOR CANDIDATE PURSUANT TO SECTION
30 12-43-603 (5), C.R.S., OR WHO IS DESCRIBED IN SECTION 12-43-215,
31 C.R.S.
32 SECTION 6. In Colorado Revised Statutes, 19-3-304, add (2) (ii)
33 as follows:
34 19-3-304. Persons required to report child abuse or neglect.
35 (2) Persons required to report such abuse or neglect or circumstances or
36 conditions include any:
37 (ii) PERSON WHO IS REGISTERED AS A PSYCHOLOGIST CANDIDATE
38 PURSUANT TO SECTION 12-43-304 (7), C.R.S., MARRIAGE AND FAMILY
39 THERAPIST CANDIDATE PURSUANT TO SECTION 12-43-504 (5), C.R.S., OR
40 LICENSED PROFESSIONAL COUNSELOR CANDIDATE PURSUANT TO SECTION
41 12-43-603 (5), C.R.S., OR WHO IS DESCRIBED IN SECTION 12-43-215,
42 C.R.S.
43 SECTION 7. In Colorado Revised Statutes, 30-10-606, amend
44 (6) (a) (II) as follows:
45 30-10-606. Coroner - inquiry - grounds - postmortem - jury -
46 certificate of death. (6) (a) Notwithstanding sections 12-43-218 and
47 13-90-107 (1) (d) or (1) (g), C.R.S., the coroner holding an inquest or
48 investigation pursuant to this section has the authority to request and
49 receive a copy of:
50 (II) Any information, record, or report related to treatment,
51 consultation, counseling, or therapy services from any licensed
52 psychologist, professional counselor, marriage and family therapist, social
53 worker, or addiction counselor, certified addiction counselor, or
54 registered psychotherapist, PSYCHOLOGIST CANDIDATE REGISTERED
55 PURSUANT TO SECTION 12-43-304 (7), C.R.S., MARRIAGE AND FAMILY
56 THERAPIST CANDIDATE REGISTERED PURSUANT TO SECTION 12-43-504 (5),
1 C.R.S., LICENSED PROFESSIONAL COUNSELOR CANDIDATE REGISTERED
2 PURSUANT TO SECTION 12-43-603 (5), C.R.S., OR PERSON DESCRIBED IN
3 SECTION 12-43-215, C.R.S., if the report, record, or information is
4 relevant to the inquest or investigation.".
5
6 Renumber succeeding section accordingly.
7
8

Senate Journal, March 8
After consideration on the merits, the Committee recommends that HB13-1104 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 3, line 4, before "(2)" insert "(1) (c),".

Page 3, line 26, strike "The" and substitute "BY JANUARY 31, 2014, the".

Page 4, after line 19 insert:

"(c) The director may select an entity to administer the mental
health professional peer assistance program. An administering entity
must be a nonprofit private foundation that is qualified under section 501
(c) (3) of the federal "Internal Revenue Code of 1986", as amended, and
that is dedicated to providing support for charitable, benevolent,
educational, and scientific purposes that are MAY BE related to mental
health professions, mental health professional education, mental health
research and science, and other mental health charitable purposes.".


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