Amendments for HB20-1206

House Journal, February 24
36 HB20-1206 be amended as follows, and as so amended, be referred to
37 the Committee on Finance with favorable
38 recommendation:
39
40 Amend printed bill, page 8, after line 8 insert:
41
42 "SECTION 9. In Colorado Revised Statutes, 12-245-214, amend
43 (2) as follows:
44 12-245-214. Denial of license, registration, or certification -
45 reinstatement. (2) If a board determines that an applicant does not
46 possess the applicable qualifications required by this article 245 or, for a
47 licensed clinical social worker, licensed social worker, licensed marriage
48 and family therapist, licensed professional counselor, licensed addiction
49 counselor, or level II or III certified addiction counselor, is unable to
50 demonstrate his or her continued professional competence as required by
51 section 12-245-410, 12-245-506, 12-245-606, or 12-245-806,
52 respectively, the board may deny the applicant a license, registration, or
53 certification or deny the reinstatement of a license, registration, or
54 certification. If the application is denied, the board shall provide the
55 applicant with a statement in writing setting forth the basis of the board's
56 determination that the applicant does not possess the qualifications or
1 professional competence required by this article 245. The applicant may
104 2 request a hearing on the determination as provided in section 24-4-
3 (9).".
4
5 Renumber succeeding sections accordingly.
6
7 Page 8, strike lines 18 and 19 and substitute "therapists AND LICENSED
8 MARRIAGE AND FAMILY THERAPIST CANDIDATES, LICENSED social workers
9 AND LICENSED SOCIAL WORKER CANDIDATES, LICENSED professional
10 counselors AND LICENSED PROFESSIONAL COUNSELOR CANDIDATES, and
11 LICENSED psychologists AND LICENSED PSYCHOLOGIST CANDIDATES;
12 licensed or certified addiction counselors AND LICENSED OR CERTIFIED
13 ADDICTION COUNSELOR CANDIDATES; and registered".
14
15 Page 9, strike line 6, and substitute "(2)(e)(IV); and add (2)(g) and (2)(h)
16 as follows:".
17
18 Page 9, strike lines 16 through 22.
19
20 Page 9, strike line 25 and substitute "PROGRAM; OR
21 (h) A PROFESSIONAL PRACTICING AURICULAR ACUDETOX IN
22 ACCORDANCE WITH SECTION 12-245-233.".
23
24 Page 11, line 26, after "CRIME" insert "RELATED TO THE PERSON'S
25 PRACTICE".
26
27 Page 11, after line 27 insert:
28 "(III) A NONVIOLENT FELONY, DEFERRED SENTENCE, OR FELONY
29 CHARGE THAT OCCURRED FIVE OF MORE YEARS BEFORE THE DATE THAT
30 THE INITIAL LICENSE, REGISTRATION, OR CERTIFICATE IS ISSUED IS NOT A
31 VIOLATION OF THIS ARTICLE 245 AND DOES NOT NEED TO BE DISCLOSED TO
32 THE BOARD.".
33
34 Page 12, line 3, strike "PROVIDED" and substitute "PROVIDED, INCLUDING
35 MARKETING, OFFICE SPACE, ADMINISTRATIVE, CONSULTATIVE, AND
36 CLINICAL SERVICES,".
37
38 Page 12, line 7, strike "PROVIDED" and substitute "PROVIDED, INCLUDING
39 MARKETING, OFFICE SPACE, ADMINISTRATIVE, CONSULTATIVE, AND
40 CLINICAL SERVICES,".
41
42 Page 12, line 14, strike "(2)(d)(I) and (8)" and substitute "(2)(d)(I), (4)(a),
43 and (8); and add (9) and repeal (4)(b)".
44
45 Page 13, after line 1 insert:
46 "(4) (a) Except as provided in subsection (4)(b) of this section, if
47 a complaint is dismissed FOR RECORDS OF DISCIPLINARY ACTION TAKEN
48 BY THE BOARD PURSUANT TO THIS SECTION, records of investigations,
49 examinations, hearings, meetings, and other proceedings of the board
50 conducted pursuant to this section are exempt from the open records law,
51 article 72 of title 24.
52 (b) The exemption from the open records law specified in
53 subsection (4)(a) of this section does not apply:
54 (I) When a decision to proceed with a disciplinary action has been
55 agreed upon by a majority of the members of the applicable board and a
56 notice of formal complaint is drafted and served on the licensee,
1 registrant, or certificate holder by first-class mail; or
2 (II) Upon final agency action.".
3
4 Page 13, after line 17 insert:
5 "(9) A LETTER OF ADMONITION ISSUED TO A PERSON PURSUANT TO
6 SECTION 12-20-404 (4) IS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE
7 TO THE PUBLIC OR IN ANY COURT ACTION FIVE YEARS AFTER THE DATE THE
8 LETTER IS ISSUED UNLESS:
9 (a) THE BOARD IS A PARTY TO AN ACTION WHERE THE LETTER OF
10 ADMONITION IS AT ISSUE; OR
11 (b) THE PERSON WHO RECEIVED THE LETTER OF ADMONITION HAS
12 SUBSEQUENTLY BEEN SUBJECT TO DISCIPLINARY ACTION BY THE BOARD.".
13
14 Page 13, after line 17 insert:
15 "SECTION 16. In Colorado Revised Statutes, 12-245-233,
16 amend (1), (2), and (4) as follows:
17 12-245-233. Auricular acudetox by professionals - training -
18 definition. (1) A mental health care professional who has provided
19 documentation that he or she has been trained to perform auricular
20 acudetox in accordance with subsection (4) of this section may perform
21 auricular acudetox if the auricular acudetox is performed under the mental
22 health care professional's current scope of practice. and the mental health
23 professional is:
24 (a) Licensed pursuant to this article 245;
8 25 (b) Certified as a level III addiction counselor pursuant to part
26 of this article 245; or
27 (c) Registered as a psychotherapist pursuant to part 7 of this
28 article 245.
29 (2) A mental health care professional performing auricular
30 acudetox pursuant to subsection (1) of this section shall not use the title
31 "acupuncturist" or otherwise claim to be a person qualified to perform
32 acupuncture beyond the scope of this section.
33 (4) In order to perform auricular acudetox pursuant to subsection
34 (1) of this section, a mental health care professional must successfully
35 complete a training program in auricular acudetox for the treatment of
36 substance use disorders that meets or exceeds standards of training
37 established by the National Acupuncture Detoxification Association or
38 another organization approved by the director.".
39
40 Renumber succeeding sections accordingly.
41
42 Page 15, strike line 12 and substitute "(2) introductory portion, (2)(b), and
43 (3) as follows:".
44
45 Page 15, strike lines 19 through 27.
46
47 Page 16, strike lines 1 through 4 and substitute "of a mental health
48 consumer. These individuals must have never been psychologists,
49 applicants or former applicants for licensure as psychologists, members
50 of another mental health profession, or members of households that
51 include psychologists or members of another mental health profession or
52 otherwise have conflicts of interest or the appearance of conflicts with
53 their duties as board members.
54 (3) (a) Each board member shall hold office until the expiration
55 of the member's appointed term or until a successor is duly appointed.
56 Except as specified in subsection (3)(b) of this section, The term of each
1 member shall be four years, and no board member shall serve more than
2 two full consecutive terms. Any vacancy occurring in board membership
3 other than by expiration of a term shall be filled by the governor by
4 appointment for the unexpired term of the member.".
5
6 Page 18, after line 23 insert:
7 "SECTION 25. In Colorado Revised Statutes, 12-245-601, add
8 (1.5) and (2.5) as follows:
9 12-245-601. Definitions. As used in this part 6, unless the context
10 otherwise requires:
11 (1.5) "CLINICAL SUPERVISION" MEANS SUPERVISION PROVIDED BY
12 A LICENSED PROFESSIONAL COUNSELOR SUPERVISOR, LICENSED
13 PSYCHOLOGIST, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED
14 CLINICAL SOCIAL WORKER, OR LICENSED ADDICTION COUNSELOR; THAT IS
15 NOT ADMINISTRATIVE IN NATURE; AND THAT MAY INCLUDE A
16 COLLABORATIVE RELATIONSHIP THAT PROMOTES THE EDUCATION,
17 GROWTH, AND DEVELOPMENT OF A LICENSED PROFESSIONAL COUNSELOR
18 APPLICANT AND PROVIDES FOR THE EVALUATION OF THE APPLICANT'S
19 CLINICAL PERFORMANCE AND COMPETENCY.
20 (2.5) "LICENSED PROFESSIONAL COUNSELOR SUPERVISOR" MEANS
21 A LICENSED PROFESSIONAL COUNSELOR WHO HAS RECEIVED EDUCATION
22 AND TRAINING IN THE CLINICAL SUPERVISION OF MENTAL HEALTH
23 PROFESSIONALS AS DETERMINED BY THE BOARD.".
24
25 Renumber succeeding sections accordingly.
26
27 Page 19, after line 4 insert:
28 "SECTION 27. In Colorado Revised Statutes, 12-245-501, add
29 (2.5) as follows:
30 12-245-501. Definitions. As used in this part 5, unless the context
31 otherwise requires:
32 (2.5) "CLINICAL SUPERVISION" MEANS:
33 (a) THE EVALUATION AND MODIFICATION OR APPROVAL BY A
34 SUPERVISOR OF THE CLINICAL PRACTICE OF THE PERSON BEING
35 SUPERVISED; AND
36 (b) A SOURCE OF KNOWLEDGE, EXPERTISE, AND MORE ADVANCED
37 SKILLS MADE AVAILABLE TO THE PERSON BEING SUPERVISED.
38 SECTION 28. In Colorado Revised Statutes, 12-245-504, amend
39 (1)(d) as follows:
40 12-245-504. Qualifications - examination - licensure and
41 registration. (1) The board shall issue a license as a marriage and family
42 therapist to each applicant who files an application in a form and manner
43 required by the board, submits the fee required by the board pursuant to
44 section 12-245-205, and furnishes evidence satisfactory to the board that
45 the applicant:
46 (d) Subsequent to completing his or her THE APPLICANT'S master's
47 or doctoral degree, has had at least two years of post-master's or one year
48 of postdoctoral practice in individual and marriage and family therapy,
49 including at least one thousand five hundred hours of face-to-face direct
50 client contact as determined by the board for the purpose of assessment
51 and intervention under board-approved CLINICAL supervision THAT MAY
52 BE IN-PERSON OR TELESUPERVISION; and
53
54 SECTION 29. In Colorado Revised Statutes, 12-245-604, amend
55 (1)(d) as follows:
56 12-245-604. Licensure - examination - licensed professional
1 counselors. (1) The board shall issue a license as a licensed professional
2 counselor to each applicant who files an application in a form and manner
3 required by the board, submits the fee required by the board pursuant to
4 section 12-245-205, and furnishes evidence satisfactory to the board that
5 the applicant:
6 (d) (I) Has at least two years of post-master's practice or one year
7 of postdoctoral practice in licensed professional counseling under
8 CLINICAL supervision; approved by the board; and
9 (II) HAS AT LEAST TWO THOUSAND HOURS OF PRACTICE IN
10 COUNSELING, INCLUDING AT LEAST ONE THOUSAND FIVE HUNDRED HOURS
11 OF FACE-TO-FACE DIRECT CLIENT CONTACT UNDER CLINICAL SUPERVISION
12 THAT IS IN-PERSON OR IS TELESUPERVISION; AND
13
14 SECTION 30. In Colorado Revised Statutes, 12-245-604, add (5)
15 as follows:
16 12-245-604. Licensure - examination - licensed professional
17 counselors. (5) (a) IF AN APPLICANT HAS COMPLETED AN EQUIVALENT
18 PROGRAM AS DETERMINED BY THE BOARD PURSUANT TO SUBSECTION
19 (1)(c) OF THIS SECTION, THE BOARD SHALL NOT PLACE ADDITIONAL
20 REQUIREMENTS, BARRIERS, OR BURDENS RELATED TO LICENSURE OR
21 SUPERVISION ON THE APPLICANT.
22 (b) THE BOARD SHALL NOT GIVE PREFERENCE CONCERNING
23 LICENSURE, SUPERVISION, OR OTHER REQUIREMENTS OF THIS PART 6 TO AN
24 APPLICANT WHO HAS COMPLETED A MASTER'S OR DOCTORAL DEGREE IN
25 PROFESSIONAL COUNSELING FROM AN ACCREDITED SCHOOL OR COLLEGE
26 PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION BASED UPON THE
27 ACCREDITING ORGANIZATION.".
28
29 Renumber succeeding sections accordingly.
30
31 Page 19, line 5, after "12-245-703," insert "amend (3); and".
32
33 Page 19, after line 16 insert:
34 "(3) (a) BEFORE SEPTEMBER 1, 2020, any person not otherwise
35 licensed, registered, or certified pursuant to this article 245 who is
36 practicing psychotherapy in this state shall register with the board by
37 submitting his or her name, current address, educational qualifications,
38 disclosure statements, therapeutic orientation or methodology, or both,
39 and years of experience in each specialty area. Upon receipt and review
40 of the required information, the board may approve the psychotherapist
41 for registration in the database required by subsection (1) of this section.
42 A registered psychotherapist shall update this information upon renewal
43 of his or her registration and at other times and under conditions specified
44 by the board by rule. At the time of recording the information required by
45 this section, the registered psychotherapist shall indicate whether he or
46 she has been convicted of, or entered a plea of guilty or nolo contendere
47 to, any felony or misdemeanor.
48 (b) (I) A PERSON REGISTERED AS A PSYCHOTHERAPIST PURSUANT
49 TO THIS PART 7 AND WHO MEETS THE REQUIREMENTS OF THIS SECTION
50 MAY CONTINUE TO PRACTICE AS A REGISTERED PSYCHOTHERAPIST
51 THROUGH SEPTEMBER 1, 2025.
52 (II) ON AND AFTER SEPTEMBER 1, 2025, A PERSON WHO WISHES TO
53 PRACTICE PSYCHOTHERAPY IN THIS STATE MUST OBTAIN CANDIDATE FOR
54 LICENSURE STATUS OR A LICENSE TO PRACTICE AS A LICENSED MENTAL
55 HEALTH PROFESSIONAL PURSUANT TO PART 3, 4, 5, 6, OR 8 OF THIS ARTICLE
56 245.
1 SECTION 32. In Colorado Revised Statutes, 12-245-801, amend
2 (6) as follows:
3 12-245-801. Definitions. As used in this part 8, unless the context
4 otherwise requires:
5 (6) "Certified" means certified as an addiction counselor certified
6 at level I, II, or III ADDICTION TECHNICIAN OR ADDICTION SPECIALIST.".
7
8 Renumber succeeding sections accordingly.
9
10 Page 20, after line 5 insert:
11 "SECTION 35. In Colorado Revised Statutes, 12-245-804,
12 amend (1)(d)(I), (1)(e), (1)(g), and (2)(c); and add (3.5) as follows:
13 12-245-804. Requirements for licensure and certification -
14 rules. (1) The board shall issue a license as an addiction counselor to an
15 applicant who files an application in the form and manner required by the
16 board, submits the fee required by the board pursuant to section
17 12-245-205, and submits evidence satisfactory to the board that the
18 applicant:
19 (d) Demonstrates professional competence by:
20 (I) Passing a national THE MASTER ADDICTION COUNSELOR
21 examination demonstrating special knowledge and skills in behavioral
22 health disorders counseling as determined by the office of behavioral
23 health in the department of human services and approved by the board
24 ADMINISTERED BY THE NATIONAL ASSOCIATION FOR ALCOHOLISM AND
25 DRUG ABUSE COUNSELORS, OR AN EQUIVALENT EXAMINATION
26 ADMINISTERED BY A SUCCESSOR ORGANIZATION; and
27 (e) Has met the requirements for a certificate of addiction
28 counseling, level III SPECIALIST;
29 (g) Has completed at least five THREE thousand hours of clinically
30 supervised work experience IN THE ADDICTION FIELD WITH A MINIMUM OF
31 TWO THOUSAND DIRECT CLINICAL HOURS. THE CLINICAL SUPERVISION
32 MAY BE IN-PERSON OR TELESUPERVISION.
33 (2) The board shall issue a certification as an addiction counselor
34 to an applicant who files an application in the form and manner required
35 by the board, submits the fee required by the board pursuant to section
36 12-245-205, and submits evidence satisfactory to the board that the
37 applicant:
38 (c) Has met the requirements for certification at a particular
39 certification level AS A CERTIFIED ADDICTION TECHNICIAN OR A CERTIFIED
40 ADDICTION SPECIALIST as specified in rules adopted pursuant to
41 subsection (3) of this section by the state board of human services in the
42 department of human services AND AS SPECIFIED IN SUBSECTION (3.5) OF
43 THIS SECTION.
44 (3.5) IN THE RULES PROMULGATED PURSUANT TO SUBSECTION (3)
45 OF THIS SECTION, THE STATE BOARD SHALL REQUIRE THAT:
46 (a) A CERTIFIED ADDICTION TECHNICIAN:
47 (I) HAVE A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT'
48 (II) ACCRUED A MINIMUM OF ONE THOUSAND HOURS OF
49 SUPERVISED CLINICAL EXPERIENCE HOURS OVER A MINIMUM OF SIX
50 MONTHS;
51 (III) PASSED A JURISPRUDENCE EXAMINATION AS DETERMINED BY
52 THE BOARD; AND
53 (IV) PASSED THE NATIONAL CERTIFICATION ADDICTION
54 COUNSELOR LEVEL I EXAMINATION ADMINISTERED BY THE NATIONAL
55 ASSOCIATION OF ALCOHOLISM AND DRUG ABUSE COUNSELORS, OR AN
56 EQUIVALENT EXAMINATION ADMINISTERED BY A SUCCESSOR
1 ORGANIZATION.
2 (b) A CERTIFIED ADDICTION SPECIALIST:
3 (I) HAVE A BACHELOR'S DEGREE IN A CLINICAL BEHAVIORAL
4 HEALTH CONCENTRATION;
5 (II) ACCRUED A MINIMUM OF TWO THOUSAND HOURS OF
6 SUPERVISED CLINIC WORK HOURS OVER A MINIMUM OF TWELVE MONTHS,
7 WHICH MAY INCLUDE THE HOURS REQUIRED FOR CERTIFICATION AS A
8 CERTIFIED ADDICTION SPECIALIST;
9 (III) PASSED A JURISPRUDENCE EXAMINATION AS DETERMINED BY
10 THE BOARD; AND
11 (IV) PASSED THE NATIONAL CERTIFICATION ADDICTION
12 COUNSELOR LEVEL II EXAMINATION ADMINISTERED BY THE NATIONAL
13 ASSOCIATION FOR ALCOHOLISM AND DRUG ABUSE COUNSELORS, OR AN
14 EQUIVALENT EXAMINATION ADMINISTERED BY A SUCCESSOR
15 ORGANIZATION.
16 SECTION 36. In Colorado Revised Statutes, 12-245-805, amend
17 (1); and add (3) as follows:
18 12-245-805. Rights and privileges of certification and licensure
19 - titles. (1) Any person who possesses a valid, unsuspended, and
20 unrevoked certificate as a level I, II, or III certified addiction counselor
21 CERTIFIED ADDICTION TECHNICIAN OR CERTIFIED ADDICTION SPECIALIST
22 has the right to practice addiction counseling under supervision or
23 consultation as required by the rules of the state board of human services
24 in the department of human services; a level III certified addiction
25 counselor has the right to A CERTIFIED ADDICTION SPECIALIST MAY
26 supervise addiction counseling practice, and all levels of certification
27 have the right to MAY use the title "certified addiction counselor" and the
28 abbreviations "CAC I", "CAC II", or "CAC III", as applicable "CAC" or
29 "CAS"; A CERTIFIED ADDICTION TECHNICIAN MAY USE THE TITLE
30 "CERTIFIED ADDICTION COUNSELOR", "CAC", OR "CAT". No other person
31 shall assume these titles or use these abbreviations on any work or media
32 to indicate that the person using the title or abbreviation is a certified
33 addiction counselor.
34 (3) (a) THE PRACTICE OF A CERTIFIED ADDICTION TECHNICIAN MAY
35 INCLUDE:
36 (I) COLLECTION OF BIOPSYCHOSOCIAL SCREENING DATA;
37 (II) SERVICE COORDINATION AND CASE MANAGEMENT;
38 (III) MONITORING COMPLIANCE WITH CASE MANAGEMENT PLANS;
39 (IV) SKILL BASED EDUCATION;
40 (V) CO-FACILITATING THERAPY GROUPS WITH CERTIFIED
41 ADDICTION SPECIALISTS OR LICENSED ADDICTION COUNSELORS;
42 (VI) CLIENT, FAMILY, AND COMMUNITY ADDICTION EDUCATION;
43 AND
44 (VII) REFERRAL AND DISCHARGE RESOURCING AND PLANNING.
45 (b) THE PRACTICE OF A CERTIFIED ADDICTION SPECIALIST MAY
46 INCLUDE:
47 (I) TREATING SUBSTANCE USE AND CO-OCCURRING DISORDERS;
48 (II) CLINICAL ASSESSMENTS INCLUDING DIAGNOSTIC IMPRESSION;
49 (III) TREATMENT PLANNING;
50 (IV) REFERRAL AND DISCHARGE PLANNING;
51 (V) SERVICE COORDINATION AND CASE MANAGEMENT;
52 (VI) ADDICTION COUNSELING FOR INDIVIDUALS, FAMILIES, AND
53 GROUPS; AND
54 (VII) CLIENT, FAMILY, AND COMMUNITY EDUCATION AND
55 PSYCHO-EDUCATION.".
56
1 Renumber succeeding sections accordingly.
2
3 Page 20, strike lines 14 through 22 and substitute:
4 "SECTION 38. In Colorado Revised Statutes, 12-245-806,
5 amend (1)(a), (1)(b) introductory portion, (1)(b)(I), (1)(b)(III), (1)(c)
6 introductory portion, (1)(d), (2)(a), and (3) as follows:
7 12-245-806. Continuing professional competency - rules -
8 definition. (1) (a) In accordance with sections 12-245-803 and
9 12-245-804, the board issues a license or certificate to practice addiction
10 counseling based on whether the applicant satisfies minimum educational
11 and experience requirements that demonstrate professional competency
12 to practice addiction counseling. After a license or a certificate as a level
13 II or level III addiction counselor is issued to an applicant, the licensed or
14 level II or level III certified addiction counselor shall maintain continuing
15 professional competency to practice addiction counseling.
16 (b) The board, in consultation with the office of behavioral health
17 in the department of human services, and, IN CONSULTATION WITH other
18 stakeholders, shall adopt rules establishing a continuing professional
19 competency program that includes, at a minimum, the following
20 elements:
21 (I) A self-assessment of the knowledge and skills of a licensed or
22 level II or level III certified addiction counselor seeking to renew or
23 reinstate a license;
24 (III) Periodic demonstration of knowledge and skills through
25 documentation of activities necessary to ensure at least minimal ability to
26 safely practice the profession. Nothing in this subsection (1)(b)(III) shall
27 require REQUIRES a licensed or level II or level III certified addiction
28 counselor to retake any examination required pursuant to section
29 12-245-804 in connection with initial licensure or certification.
30 (c) A licensed or level II or level III certified addiction counselor
31 satisfies the continuing competency requirements of this section if the
32 licensed or level II or level III certified addiction counselor meets the
33 continued professional competence requirements of one of the following
34 entities:
35 (d) (I) After the program is established, a licensed or level II or
36 level III certified addiction counselor shall satisfy the requirements of the
37 program in order to renew or reinstate a license or certificate to practice
38 addiction counseling in Colorado.
39 (II) The requirements of this section apply to individual addiction
40 counselors who are licensed or level II or level III certified pursuant to
41 this part 8, and nothing in this section shall be construed to require a
42 person who employs or contracts with a licensed or level II or level III
43 certified addiction counselor to comply with the requirements of this
44 section.
45 (2) (a) Records of assessments or other documentation developed
46 or submitted in connection with the continuing professional competency
47 program are confidential and not subject to inspection by the public or
48 discovery in connection with a civil action against a licensed or certified
49 addiction counselor. The records or documents shall be used only by the
50 board for purposes of determining whether a licensed or level II or level
51 III certified addiction counselor is maintaining continuing professional
52 competency to engage in the profession.
53 (3) As used in this section, "continuing professional competency"
54 means the ongoing ability of a licensed or level II or level III certified
55 addiction counselor to learn, integrate, and apply the knowledge, skill,
56 and judgment to practice as an addiction counselor according to generally
1 accepted industry standards and professional ethical standards in a
2 designated role and setting.
3 SECTION 39. In Colorado Revised Statutes, 27-80-108, add (2)
4 as follows:
5 27-80-108. Rules. (2) IN THE RULES PROMULGATED PURSUANT TO
6 SUBSECTION (1)(e) OF THIS SECTION, THE STATE BOARD OF HUMAN
7 SERVICES SHALL REQUIRE THE FOLLOWING EDUCATION REQUIREMENTS:
8 (a) FOR CERTIFIED ADDICTION TECHNICIANS:
9 (I) COMPLETION OF COURSE WORK AND TRAINING IN ADDICTION
10 COUNSELING, CLIENT RECORDS MANAGEMENT, PRINCIPLES OF ADDICTION,
11 PROFESSIONAL ETHICS, CULTURALLY INFORMED TREATMENT,
12 PHARMACOLOGY, MOTIVATIONAL INTERVIEWING, TRAUMA INFORMED
13 CARE, AND GROUP COUNSELING SKILLS; AND
14 (II) OTHER COURSES AND TRAINING AS DETERMINED BY THE STATE
15 BOARD OF HUMAN SERVICES.
16 (b) FOR CERTIFIED ADDICTION SPECIALISTS:
17 (I) COMPLETION OF COURSE WORK AND TRAINING IN CLINICAL
18 ASSESSMENT AND TREATMENT PLANNING, COGNITIVE BEHAVIORAL
19 THERAPY, CO-OCCURRING DISORDERS, ADVANCED PHARMACOLOGY,
20 ADVANCED PROFESSIONAL ETHICS, ADVANCED MOTIVATIONAL
21 INTERVIEWING, ADVANCED MODELS, SPECIALIZED ADDICTION TREATMENT,
22 AND INFECTIOUS DISEASES; AND
23 (II) OTHER COURSES AND TRAINING AS DETERMINED BY THE STATE
24 BOARD OF HUMAN SERVICES.
25
26 SECTION 40. In Colorado Revised Statutes, add 12-245-706 as
27 follows:
28 12-245-706. Repeal of part. THIS PART 7 IS REPEALED, EFFECTIVE
29 SEPTEMBER 1, 2025.
30 SECTION 41. In Colorado Revised Statutes, 12-20-105, amend
31 (2)(b)(II) as follows:
32 12-20-105. Fee adjustments - division of professions and
33 occupations cash fund created - legal defense account created -
34 definition. (2) (b) (II) The costs of the state board of psychologist
35 examiners, the state board of marriage and family therapist examiners, the
36 state board of licensed professional counselor examiners, the state board
37 of social work examiners, the state board of registered psychotherapists,
38 and the state board of addiction counselor examiners shall be considered
39 collectively in the renewal fee-setting process. Subsequent revenue
40 generated by the fees set by the boards plus revenues generated pursuant
41 to section 12-245-703 shall be compared to those collective costs to
42 determine recovery of direct and indirect costs.
43 SECTION 42. In Colorado Revised Statutes, 12-20-407, amend
44 (1)(a)(V)(N) as follows:
45 12-20-407. Unauthorized practice of profession or occupation
46 - penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor
47 and shall be punished as provided in section 18-1.3-501 for the first
6 48 offense and, for the second or any subsequent offense, commits a class
49 felony and shall be punished as provided in section 18-1.3-401 if the
50 person:
51 (V) Practices or offers or attempts to practice any of the following
52 professions or occupations without an active license, certification, or
53 registration issued under the part or article of this title 12 governing the
54 particular profession or occupation:
55 (N) Practice as a psychologist, social worker, marriage and family
56 therapist, licensed professional counselor, psychotherapist, or addiction
1 counselor, as regulated under article 245 of this title 12;
2 SECTION 43. In Colorado Revised Statutes, 12-30-102, repeal
3 (3)(a)(XVIII) as follows:
4 12-30-102. Medical transparency act of 2010 - disclosure of
5 information about health care licensees - fines - rules - short title -
6 legislative declaration - definition - review of functions - repeal.
7 (3) (a) As used in this section, "applicant" means a person applying for
8 a new, active license, certification, or registration or to renew, reinstate,
9 or reactivate an active license, certification, or registration to practice:
10 (XVIII) Psychotherapy pursuant to part 7 of article 245 of this title
11 12;
12 SECTION 44. In Colorado Revised Statutes, 12-200-108, amend
13 (4)(a) introductory portion; and repeal (4)(a)(III) as follows:
14 12-200-108. Unlawful acts - exceptions - definition.
15 (4) (a) Notwithstanding any provision of this article 200 to the contrary,
16 a mental health care professional who has provided documentation that
17 he or she has been trained to perform auricular acudetox in compliance
18 with subsection (4)(d) of this section may perform auricular acudetox if
19 the auricular acudetox is performed under the mental health care
20 professional's current scope of practice, and the mental health care
21 professional is:
22 (III) Registered as a psychotherapist pursuant to part 7 of article
23 245 of this title 12.
101 24 SECTION 45. In Colorado Revised Statutes, amend 12-245-
25 as follows:
26 12-245-101. Legislative declaration. The general assembly
27 hereby finds and determines that, in order to safeguard the public health,
28 safety, and welfare of the people of this state and in order to protect the
29 people of this state against the unauthorized, unqualified, and improper
30 application of psychology, social work, marriage and family therapy,
31 professional counseling, psychotherapy, and addiction counseling, it is
32 necessary that the proper regulatory authorities be established and
33 adequately provided for. The general assembly therefore declares that
34 there shall be established a state board of psychologist examiners, a state
35 board of social work examiners, a state board of marriage and family
36 therapist examiners, a state board of licensed professional counselor
37 examiners, a state board of registered psychotherapists, and a state board
38 of addiction counselor examiners with the authority to license, register,
39 or certify, and take disciplinary actions or bring injunctive actions, or
40 both, concerning licensed psychologists and psychologist candidates,
41 licensed social workers, licensed marriage and family therapists and
42 marriage and family therapist candidates, licensed professional counselors
43 and licensed professional counselor candidates, registered
44 psychotherapists, and licensed and certified addiction counselors,
45 respectively, and mental health professionals who have been issued a
46 provisional license pursuant to this article 245.
47 SECTION 46. In Colorado Revised Statutes, 12-245-202, amend
48 (1) and (16); and repeal (15) as follows:
49 12-245-202. Definitions. As used in this article 245, unless the
50 context otherwise requires:
51 (1) "Board" includes the state board of psychologist examiners,
52 the state board of social work examiners, the state board of licensed
53 professional counselor examiners, the state board of marriage and family
54 therapist examiners, the state board of registered psychotherapists, and the
55 state board of addiction counselor examiners.
56 (15) (a) "Registered psychotherapist" means a person:
1 (I) Whose primary practice is psychotherapy or who holds himself
2 or herself out to the public as being able to practice psychotherapy for
3 compensation; and
4 (II) Who is registered with the state board of registered
5 psychotherapists pursuant to section 12-245-703 to practice
6 psychotherapy in this state.
7 (b) "Registered psychotherapist" also includes a person who:
8 (I) Is a licensed school psychologist licensed pursuant to section
9 22-60.5-210 (1)(b);
10 (II) Is practicing outside of a school setting; and
11 (III) Is registered with the state board of registered
12 psychotherapists pursuant to section 12-245-703.
13 (16) "Registrant" means a psychologist candidate, marriage and
14 family therapist candidate, or licensed professional counselor candidate
15 registered pursuant to section 12-245-304 (3), 12-245-504 (4), or
16 12-245-604 (4), respectively. or a registered psychotherapist.
17 SECTION 47. In Colorado Revised Statutes, 12-245-203, amend
18 (2) as follows:
19 12-245-203. Practice outside of or beyond professional
20 training, experience, or competence - general scope of practice for
21 licensure, registration, or certification. (2) The practice of
22 psychotherapy is one area of practice for mental health professionals
23 licensed, certified, or registered pursuant to this article 245 but may not
24 be the only or primary practice area of the professionals. other than
25 persons registered as psychotherapists pursuant to part 7 of this article
26 245. The requirements for licensure, registration, or certification as a
27 mental health professional pursuant to this article 245 are contained in
28 sections 12-245-303, 12-245-403, 12-245-503, 12-245-603, and
29 12-245-803, which define the practice of psychology, social work,
30 marriage and family therapy, licensed professional counseling, and
31 addiction counseling, respectively.
32 SECTION 48. In Colorado Revised Statutes, 12-245-205, amend
33 (4) as follows:
34 12-245-205. Fees - renewal. (4) The director shall coordinate
35 fee-setting pursuant to this section so that all licensees, registrants, and
36 certificate holders pay fees as required by this section. and section
37 12-245-703 (1).
38 SECTION 49. In Colorado Revised Statutes, amend 12-245-210,
39 as follows:
40 12-245-210. Drugs - medicine. Nothing in this article 245 permits
41 psychologists, social workers, marriage and family therapists, licensed
42 professional counselors, psychotherapists, and addiction counselors
43 licensed registered, or certified under this article 245 to administer or
44 prescribe drugs or in any manner engage in the practice of medicine as
45 defined by the laws of this state.
46 SECTION 50. In Colorado Revised Statutes, 12-245-213, amend
47 (1)(b)(IV) and (1)(b)(V); and repeal (1)(b)(VI) as follows:
48 12-245-213. Professional service corporations for the practice
49 of psychology, social work, marriage and family therapy,
50 professional counseling, and addiction counseling - definitions.
51 (1) Licensees registrants, or certificate holders may form professional
52 service corporations for the practice of psychology, social work, marriage
53 and family therapy, professional counseling, psychotherapy, or addiction
101 54 counseling under the "Colorado Business Corporation Act", articles
55 to 117 of title 7, if the corporations are organized and operated in
56 accordance with this section. The articles of incorporation of a
1 professional service corporation formed pursuant to this section must
2 contain provisions complying with the following requirements:
3 (b) The corporation must be organized by licensees registrants, or
4 certificate holders for the purpose of conducting the practice of
5 psychology, social work, marriage and family therapy, professional
6 counseling, psychotherapy, or addiction counseling by the respective
7 licensees, registrants, or certificate holders of those practices. The
8 corporation may be organized with any other person, and any person may
9 own shares in the corporation, if the following conditions are met:
10 (IV) The practice of licensed professional counseling, as defined
11 in section 12-245-603, by the professional service corporation is
12 performed by a licensed professional counselor acting independently or
13 under the supervision of a person licensed pursuant to this article 245 or
14 a licensed professional counselor. Any licensed professional counselor
15 member of the professional service corporation remains individually
16 responsible for his or her professional acts and conduct as provided
17 elsewhere in this article 245; OR
18 (V) The practice of addiction counseling, as defined in section
19 12-245-803, by the professional service corporation is performed by a
20 licensed addiction counselor acting independently or under the
21 supervision of a person licensed pursuant to this article 245 or a licensed
22 addiction counselor. Any licensed addiction counselor member of the
23 professional service corporation remains individually responsible for his
24 or her professional acts and conduct as provided in this article 245. or
25 (VI) The practice of psychotherapy, as defined in section
26 12-245-202, by the professional service corporation is performed by a
27 registered psychotherapist acting independently or under the supervision
28 of a person licensed pursuant to this article 245 or a registered
29 psychotherapist. Any registered psychotherapist member of the
30 professional service corporation remains individually responsible for his
31 or her professional acts and conduct as provided in this article 245.
32 SECTION 51. In Colorado Revised Statutes, 12-245-216, amend
33 (1)(d)(IV) and (4)(g); and repeal (1)(e) as follows:
34 12-245-216. Mandatory disclosure of information to clients.
35 (1) Except as otherwise provided in subsection (4) of this section, every
36 licensee, registrant, or certificate holder shall provide the following
37 information in writing to each client during the initial client contact:
38 (d) A statement indicating that:
39 (IV) The information provided by the client during therapy
40 sessions is legally confidential in the case of licensed marriage and family
41 therapists, social workers, professional counselors, and psychologists AND
42 licensed or certified addiction counselors, and registered
43 psychotherapists, except as provided in section 12-245-220 and except for
44 certain legal exceptions that will be identified by the licensee, registrant,
45 or certificate holder should any such situation arise during therapy; and
46 (e) If the mental health professional is a registered
47 psychotherapist, a statement indicating that a registered psychotherapist
48 is a psychotherapist listed in the state's database and is authorized by law
49 to practice psychotherapy in Colorado but is not licensed by the state and
50 is not required to satisfy any standardized educational or testing
51 requirements to obtain a registration from the state.
52 (4) The disclosure of information required by subsection (1) of
53 this section is not required when psychotherapy is being administered in
54 any of the following circumstances:
55 (g) By a person licensed or certified pursuant to this article 245.
56 or by a registered psychotherapist practicing in a hospital that is licensed
1 or certified under section 25-1.5-103 (1)(a)(I) or (1)(a)(II).
2 SECTION 52. In Colorado Revised Statutes, 12-245-217, repeal
3 (4) as follows:
4 12-245-217. Scope of article - exemptions.(4) The provisions of
5 section 12-245-703 do not apply to employees of community mental
6 health centers or clinics as those centers or clinics are defined by section
7 27-66-101, but persons practicing outside the scope of employment as
8 employees of a facility defined by section 27-66-101 are subject to the
9 provisions of section 12-245-703.
10 SECTION 53. In Colorado Revised Statutes, 12-245-225, repeal
11 (1)(d) as follows:
12 12-245-225. Authority of boards - cease-and-desist orders -
13 rules. (1) If a licensee, registrant, or certificate holder violates any
14 provision of section 12-245-224, the board that licenses, registers, or
15 certifies the licensee, registrant, or certificate holder may, in accordance
16 with section 12-20-404:
17 (d) Deny, revoke, or suspend the listing of a registered
18 psychotherapist in the state board of registered psychotherapists database
19 established pursuant to section 12-245-703;
20 SECTION 54. In Colorado Revised Statutes, 12-245-228, amend
21 (1) as follows:
22 12-245-228. Unauthorized practice - penalties. (1) Any person
23 who practices or offers or attempts to practice as a psychologist, social
24 worker, marriage and family therapist, licensed professional counselor,
25 psychotherapist, or addiction counselor without an active license
26 registration, or certification issued under this article 245 is subject to
27 penalties pursuant to section 12-20-407 (1)(a).
28 SECTION 55. In Colorado Revised Statutes, 12-245-231, amend
29 (5) as follows:
30 12-245-231. Mental health professional peer health assistance
31 program - fees - administration - rules. (5) As used in this section,
32 "mental health professional" means a psychologist, social worker,
33 marriage and family therapist, licensed professional counselor,
34 psychotherapist, or addiction counselor regulated under this article 245.
35 SECTION 56. In Colorado Revised Statutes, 12-245-304, amend
36 (3)(b) as follows:
37 12-245-304. Qualifications - examinations - licensure. (3) (b) A
38 psychologist candidate registered pursuant to this subsection (3) is under
39 the jurisdiction of the board. The psychologist candidate may, but is not
40 required to, register with the database of registered psychotherapists
41 pursuant to section 12-245-703. If the requirements of subsections (1)(d)
42 and (1)(e) of this section are not met within four years, the registration of
43 the psychologist candidate expires and is not renewable unless the board,
44 in its discretion, grants the candidate an extension. A person whose
45 psychologist candidate registration expires is not precluded from applying
46 for licensure or registration with any other mental health board for which
47 the person is qualified.
48 SECTION 57. In Colorado Revised Statutes, 12-245-306, repeal
49 (6) as follows:
50 12-245-306. Exemptions. (6) Nothing in this part 3 prevents the
51 practice of psychotherapy by persons registered with the state board of
52 registered psychotherapists pursuant to section 12-245-703.
53 SECTION 58. In Colorado Revised Statutes, 12-245-404, repeal
54 (4) as follows:
55 12-245-404. Qualifications - examination - licensure and
56 registration. (4) A person licensed as a licensed social worker pursuant
1 to subsection (1) of this section may, but is not required to, register with
2 the database of registered psychotherapists pursuant to section
3 12-245-703.
4 SECTION 59. In Colorado Revised Statutes, 12-245-406, repeal
5 (5) as follows:
6 12-245-406. Scope of part. (5) Nothing in this part 4 prevents the
7 practice of psychotherapy by persons registered with the state board of
8 registered psychotherapists pursuant to section 12-245-703.
9 SECTION 60. In Colorado Revised Statutes, 12-245-504, amend
10 (4)(b) as follows:
11 12-245-504. Qualifications - examination - licensure and
12 registration. (4) (b) A marriage and family therapist candidate who
13 registers with the board pursuant to this subsection (4) is under the
14 jurisdiction of the board. and may, but is not required to, register with the
15 database of registered psychotherapists pursuant to section 12-245-703.
16 SECTION 61. In Colorado Revised Statutes, 12-245-505, repeal
17 (5) as follows:
18 12-245-505. Rights and privileges of licensure and registration
19 - title. (5) Nothing in this part 5 prevents the practice of psychotherapy
20 by persons registered with the state board of registered psychotherapists
21 pursuant to section 12-245-703.
22 SECTION 62. In Colorado Revised Statutes, 12-245-604, amend
23 (4)(b) as follows:
24 12-245-604. Licensure - examination - licensed professional
25 counselors. (4) (b) A licensed professional counselor candidate who
26 registers with the board pursuant to this subsection (4) is under the
27 jurisdiction of the board. and may, but is not required to, register with the
28 database of registered psychotherapists pursuant to section 12-245-703.
29 SECTION 63. In Colorado Revised Statutes, 12-245-605, repeal
30 (4) as follows:
31 12-245-605. Rights and privileges of licensure - title.
32 (4) Nothing in this part 6 prevents the practice of psychotherapy by
33 persons registered with the state board of registered psychotherapists
34 pursuant to section 12-245-703.
35 SECTION 64. In Colorado Revised Statutes, 13-90-107, amend
36 (1)(g) as follows:
37 13-90-107. Who may not testify without consent - definitions.
38 (1) There are particular relations in which it is the policy of the law to
39 encourage confidence and to preserve it inviolate; therefore, a person
40 shall not be examined as a witness in the following cases:
41 (g) A licensed psychologist, professional counselor, marriage and
42 family therapist, social worker, or addiction counselor, a registered
43 psychotherapist, a certified addiction counselor, a psychologist candidate
44 registered pursuant to section 12-245-304 (3), a marriage and family
45 therapist candidate registered pursuant to section 12-245-504 (4), a
46 licensed professional counselor candidate registered pursuant to section
47 12-245-604 (4), or a person described in section 12-245-217 shall not be
48 examined without the consent of the licensee's, certificate holder's,
49 registrant's, candidate's, or person's client as to any communication made
50 by the client to the licensee, certificate holder, registrant, candidate, or
51 person or the licensee's, certificate holder's, registrant's, candidate's, or
52 person's advice given in the course of professional employment; nor shall
53 any secretary, stenographer, or clerk employed by a licensed psychologist,
54 professional counselor, marriage and family therapist, social worker, or
55 addiction counselor, a registered psychotherapist, a certified addiction
56 counselor, a psychologist candidate registered pursuant to section
1 12-245-304 (3), a marriage and family therapist candidate registered
2 pursuant to section 12-245-504 (4), a licensed professional counselor
3 candidate registered pursuant to section 12-245-604 (4), or a person
4 described in section 12-245-217 be examined without the consent of the
5 employer of the secretary, stenographer, or clerk concerning any fact, the
6 knowledge of which the employee has acquired in such capacity; nor shall
7 any person who has participated in any psychotherapy, conducted under
8 the supervision of a person authorized by law to conduct such therapy,
9 including group therapy sessions, be examined concerning any knowledge
10 gained during the course of such therapy without the consent of the
11 person to whom the testimony sought relates.
12 SECTION 65. In Colorado Revised Statutes, 18-6.5-108, amend
13 (1)(b)(VII) as follows:
14 18-6.5-108. Mandatory reports of mistreatment of at-risk
15 elders and at-risk adults with IDD - list of reporters - penalties.
16 (1) (b) The following persons, whether paid or unpaid, shall report as
17 required by subsection (1)(a) of this section:
18 (VII) Psychologists, addiction counselors, professional
19 counselors, AND marriage and family therapists, and registered
20 psychotherapists, as those persons are defined in article 245 of title 12;
21 SECTION 66. In Colorado Revised Statutes, 19-1-307, repeal
22 (2)(e.5)(I)(G) as follows:
23 19-1-307. Dependency and neglect records and information -
24 access - fee - rules - records and reports fund - misuse of information
25 - penalty - adult protective services data system check. (2) Records
26 and reports - access to certain persons - agencies. Except as otherwise
27 provided in section 19-1-303, only the following persons or agencies shall
28 have access to child abuse or neglect records and reports:
29 (e.5) (I) A mandatory reporter specified in this subsection
30 (2)(e.5)(I) who is and continues to be officially and professionally
31 involved in the ongoing care of the child who was the subject of the
32 report, but only with regard to information that the mandatory reporter has
33 a need to know in order to fulfill his or her professional and official role
34 in maintaining the child's safety. A county department shall request
35 written affirmation from a mandatory reporter stating that the reporter
36 continues to be officially and professionally involved in the ongoing care
37 of the child who was the subject of the report and describing the nature
38 of the involvement, unless the county department has actual knowledge
39 that the mandatory reporter continues to be officially and professionally
40 involved in the ongoing care of the child who was the subject of the
41 report. This subsection (2)(e.5)(I) applies to:
42 (G) Registered psychotherapists;
43 SECTION 67. In Colorado Revised Statutes, 19-3-304, repeal
44 (2)(z) as follows:
45 19-3-304. Persons required to report child abuse or neglect.
46 (2) Persons required to report such abuse or neglect or circumstances or
47 conditions include any:
48 (z) Registered psychotherapists;
49 SECTION 68. In Colorado Revised Statutes, 24-1-122, repeal
50 (3)(ll) as follows:
51 24-1-122. Department of regulatory agencies - creation.
1 52 (3) The following boards and agencies are transferred by a type
53 transfer to the department of regulatory agencies and allocated to the
54 division of professions and occupations:
7 55 (ll) State board of registered psychotherapists, created by part
56 of article 245 of title 12;
1 SECTION 69. In Colorado Revised Statutes, 26-3.1-102, amend
2 (1)(b)(VII) as follows:
3 26-3.1-102. Reporting requirements. (1) (b) The following
4 persons, whether paid or unpaid, are urged to report as described in
5 subsection (1)(a) of this section:
6 (VII) Psychologists, addiction counselors, professional
7 counselors, AND marriage and family therapists, and registered
8 psychotherapists, as those persons are defined in article 245 of title 12;
9 SECTION 70. In Colorado Revised Statutes, 30-10-606, amend
10 (6)(a)(II) as follows:
11 30-10-606. Coroner - inquiry - grounds - postmortem - jury -
12 certificate of death. (6) (a) Notwithstanding sections 12-245-220 and
13 13-90-107 (1)(d) or (1)(g), the coroner holding an inquest or investigation
14 pursuant to this section has the authority to request and receive a copy of:
15 (II) Any information, record, or report related to treatment,
16 consultation, counseling, or therapy services from any licensed
17 psychologist, professional counselor, marriage and family therapist, social
18 worker, or addiction counselor, certified addiction counselor, registered
19 psychotherapist, psychologist candidate registered pursuant to section
20 12-245-304 (3), marriage and family therapist candidate registered
21 pursuant to section 12-245-504 (4), licensed professional counselor
22 candidate registered pursuant to section 12-245-604 (4), or person
23 described in section 12-245-217, if the report, record, or information is
24 relevant to the inquest or investigation.
25 SECTION 71. Act subject to petition - effective date. Sections
26 30 through 44, 46, 48, 50, and 52 through 59 of this act take effect
1 27 September 1, 2025, and the remainder of this act takes effect at 12:
28 a.m. on the day following the expiration of the ninety-day period after
29 final adjournment of the general assembly; except that, if a referendum
30 petition is filed pursuant to section 1 (3) of article V of the state
31 constitution against this act or an item, section, or part of this act within
32 such period, then the act, item, section, or part will not take effect unless
33 approved by the people at the general election to be held in November
34 2020 and, in such case, will take effect on the date of the official
30 35 declaration of the vote thereon by the governor; except that sections
36 through 44, 46, 48, 50, and 52 through 59 of this act take effect
37 September 1, 2025.".

House Journal, May 26
5 Amendment No. 1, Public Health Care & Human Services Report, dated
6 February 21, 2020, and placed in member's bill file; Report also printed
7 in House Journal, February 24, 2020.
8
9 Amendment No. 2, by Representative Landgraf.
10
11 Amend the Public Health Care and Human Services Committee Report,
12 dated February 21, 2020, page 2, strike lines 26 and 27 and substitute:
13
14 "Page 12 of the printed bill, line 14, strike "(2)(d)(I) and (8)" and
15 substitute "(2)(d)(I) and (4)(a); repeal (4)(b); and add (9)".".
16
17 Page 3 of the report, after line 9 insert:
18
19 "Page 13 of the bill, strike lines 2 through 17.".
20
21 Page 4 of the report, after line 5 insert:
22
23 "Page 13 of the bill, line 19, after "(2)(c)" insert "and (4)".
24
25 Page 14 of the bill, after line 3 insert:
26
27 "(4) (a) A person licensed as a licensed social worker pursuant to
28 subsection (1) of this section may, but is not required to, register with the
29 database of registered psychotherapists pursuant to section 12-245-703.
30 THE BOARD SHALL REGISTER AS A CLINICAL SOCIAL WORKER CANDIDATE
31 A PERSON WHO FILES AN APPLICATION FOR REGISTRATION, ACCOMPANIED
32 BY THE FEE REQUIRED BY SECTION 12-245-205, WHO IS NOT IN VIOLATION
33 OF ANY PROVISION OF THIS ARTICLE 245 OR ANY RULES PROMULGATED BY
34 THE BOARD, AND WHO:
35 (I) SUBMITS EVIDENCE SATISFACTORY TO THE BOARD THAT THE
36 PERSON HAS MET THE REQUIREMENTS OF SUBSECTIONS (2)(a) AND (2)(b)
37 OF THIS SECTION; AND
38 (II) HAS NOT PREVIOUSLY REGISTERED AS A CLINICAL SOCIAL
39 WORKER CANDIDATE BY THE BOARD.
40 (b) A CLINICAL SOCIAL WORKER CANDIDATE REGISTERED
41 PURSUANT TO THIS SUBSECTION (4) IS UNDER THE JURISDICTION OF THE
42 BOARD. IF THE REQUIREMENTS OF SUBSECTIONS (2)(c) AND (2)(d) OF THIS
43 SECTION ARE NOT MET WITHIN FOUR YEARS AFTER THE DATE OF
44 REGISTRATION AS A CANDIDATE, THE REGISTRATION OF THE CLINICAL
45 SOCIAL WORKER CANDIDATE EXPIRES AND IS NOT RENEWABLE UNLESS THE
46 BOARD, IN ITS DISCRETION, GRANTS THE CANDIDATE AN EXTENSION. A
47 PERSON WHOSE CLINICAL SOCIAL WORKER CANDIDATE REGISTRATION
48 EXPIRES IS NOT PRECLUDED FROM APPLYING FOR LICENSURE OR
49 REGISTRATION WITH ANY OTHER MENTAL HEALTH BOARD FOR WHICH THE
50 PERSON IS QUALIFIED.".".
51
52 Page 4 of the report, line 6, strike "portion, (2)(b)," and substitute
53 "portion".
54
55 Page 4 of the report, line 8, strike "19" and substitute "17".
56
1 Page 4 of the report, strike lines 9 through 16 and substitute:
2
3 "Page 16 of the bill, strike lines 1 through 4 and substitute:
4
5 "(3) (a) Each board member shall hold office until the
6 expiration".".
7
8 Page 18 of the report, strike lines 5 through 11.
9
10 Renumber succeeding sections accordingly.
11
12 Amendment No. 3, by Representative Landgraf.
13
14 Amend the Public Health Care and Human Services Committee Report,
15 dated February 21, 2020, page 7, line 21, after "(3.5)" insert "and (3.7)".
16
17 Page 8, strike line 21 and substitute "MONTHS, WHICH INCLUDES HOURS
18 ACCRUED PRIOR TO THE APPLICATION FOR CERTIFICATION SO LONG AS THE
19 SUPERVISED CLINICAL EXPERIENCE HOURS MEET ANY ADDITIONAL
20 CRITERIA AS DEFINED BY THE BOARD;".
21
22 Page 9, after line 1 insert:
23
24 "(3.7) (a) THE BOARD SHALL REGISTER AS AN ADDICTION
25 COUNSELOR CANDIDATE A PERSON WHO FILES AN APPLICATION FOR
26 REGISTRATION, ACCOMPANIED BY THE FEE REQUIRED BY SECTION
27 12-245-205, WHO IS NOT IN VIOLATION OF ANY PROVISION OF THIS ARTICLE
28 245 OR ANY RULES PROMULGATED BY THE BOARD, AND WHO:
29 (I) SUBMITS EVIDENCE SATISFACTORY TO THE BOARD THAT THE
30 PERSON HAS MET THE REQUIREMENTS OF SUBSECTIONS (1)(a), (1)(b), AND
31 (1)(c) OF THIS SECTION; AND
32 (II) HAS NOT PREVIOUSLY REGISTERED AS AN ADDICTION
33 COUNSELOR CANDIDATE WITH THE BOARD.
34 (b) AN ADDICTION COUNSELOR CANDIDATE REGISTERED PURSUANT
35 TO THIS SUBSECTION (3.7) IS UNDER THE JURISDICTION OF THE BOARD. IF
36 THE REQUIREMENTS OF SUBSECTIONS (1)(d) TO (1)(g) OF THIS SECTION
37 ARE NOT MET WITHIN FOUR YEARS AFTER THE DATE OF REGISTRATION AS
38 A CANDIDATE OR WITHIN ONE YEAR IF THE CANDIDATE HOLDS AN
39 EQUIVALENT CREDENTIAL FROM ANOTHER STATE, THE REGISTRATION OF
40 THE ADDICTION COUNSELOR CANDIDATE EXPIRES AND IS NOT RENEWABLE
41 UNLESS THE BOARD, IN ITS DISCRETION, GRANTS THE CANDIDATE AN
42 EXTENSION. A PERSON WHOSE ADDICTION COUNSELOR CANDIDATE
43 REGISTRATION EXPIRES IS NOT PRECLUDED FROM APPLYING FOR LICENSURE
44 OR REGISTRATION WITH ANY OTHER MENTAL HEALTH BOARD FOR WHICH
45 THE PERSON IS QUALIFIED.".
46
47 Amendment No. 4, by Representative Landgraf.
48
49 Amend the Public Health Care and Human Services Committee Report
50 dated February 21, 2020, page 2, after line 11 insert:
51
52 "Page 11 of the bill, line 18, after "(a) (I)" insert "(A)".
53
54 Page 11 of the bill, line 25, strike "(II)" and substitute "(B)".".
55
56
1 Page 2 of the report, strike lines 15 and 16 and substitute:
2
3 ""(II) A FELONY, DEFERRED SENTENCE, OR FELONY CHARGE THAT
4 IS NONVIOLENT, INCLUDING A NONVIOLENT DRUG OFFENSE THAT
5 OCCURRED FIVE OR MORE YEARS BEFORE THE DATE THAT".
6
7 Page 3 of the report, strike lines 11 and 12 and substitute:
8
9 ""(9) A BOARD THAT ISSUES A LETTER OF ADMONITION TO A
10 PERSON PURSUANT TO SECTION 12-20-404 (4) SHALL KEEP THE LETTER
11 CONFIDENTIAL AND NOT DISCLOSE THE LETTER".
12
13 Amendment No. 5, by Representative Landgraf.
14
15 Amend the Public Health Care and Human Services Committee Report,
16 dated February 21, 2020, page 2, after line 11 insert:
17
18 "Page 10 of the printed bill, line 18, strike ""REGISTERED" and substitute
19 ""UNLICENSED".".
20
21 Page 5 of the report, strike line 6 and substitute:
22
23 "Page 19 of the bill, strike lines 5 through 16 and substitute:".
24
25 Page 6 of the report, strike lines 22 through 37.
26
27 Page 7 of the report, strike lines 1 through 12 and substitute
28 "ACCREDITING ORGANIZATION.
29 SECTION 31. In Colorado Revised Statutes, 12-245-701, amend
30 (1) as follows:
31 12-245-701. Definitions. As used in this part 7, unless the context
32 otherwise requires:
33 (1) "Board" means the state board of registered UNLICENSED
34 psychotherapists created by section 12-245-702.
35 SECTION 32. In Colorado Revised Statutes, 12-245-702, amend
36 (1), (3), and (4) as follows:
37 12-245-702. State board of unlicensed psychotherapists -
38 creation - membership. (1) There is hereby created the state board of
39 registered UNLICENSED psychotherapists, which shall be IS under the
103 40 supervision and control of the division as provided in section 12-20-
41 (2). The board shall consist CONSISTS of seven members who are residents
42 of the state of Colorado.
43 (3) Four members of the board must be registered UNLICENSED
44 psychotherapists. The governor shall appoint members to the board to
45 serve terms of four years.
46 (4) Members of the state board of registered UNLICENSED
47 psychotherapists appointed under subsection (2) or (3) of this section may
48 serve two full consecutive terms.
49 SECTION 33. In Colorado Revised Statutes, 12-245-703, amend
50 (1), (2), (3), and (4) as follows:
51 12-245-703. Database of unlicensed psychotherapists -
52 unauthorized practice - penalties - data collection. (1) The board shall
53 maintain a database of all registered UNLICENSED psychotherapists. The
54 board shall charge a fee in the same manner as authorized in section
55 12-20-105 for recording information in the database as required by this
56 section. Information in the database maintained pursuant to this section
1 is open to public inspection at all times.
2 (2) A person who: Is licensed pursuant to part 3, 4, 5, 6, or 8 of
3 this article 245; is registered as a psychologist candidate, licensed social
4 worker, marriage and family therapist candidate, or professional
5 counselor candidate; or is enrolled in a professional training program at
6 an approved school and actively working toward acquiring and
7 demonstrating the necessary qualifications for licensure set forth in
804 8 section 12-245-304, 12-245-404, 12-245-504, 12-245-604, or 12-245-
9 may, but is not required to, register with the database of registered
10 UNLICENSED psychotherapists.
11 (3) (a) Any BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (3),
12 AS AMENDED, A person not otherwise licensed, registered, or certified
13 pursuant to this article 245 who is practicing psychotherapy in this state
14 shall register with the board by submitting his or her THE PERSON'S name,
15 current address, educational qualifications, disclosure statements,
16 therapeutic orientation or methodology, or both, and years of experience
17 in each specialty area. Upon receipt and review of the required
18 information, the board may approve the psychotherapist for registration
19 in the database required by subsection (1) of this section. A registered AN
20 UNLICENSED psychotherapist shall update this information upon renewal
21 of his or her THE PRACTITIONER'S registration and at other times and under
22 conditions specified by the board by rule. At the time of recording the
23 information required by this section, the registered UNLICENSED
24 psychotherapist shall indicate whether he or she THE UNLICENSED
25 PSYCHOTHERAPIST has been convicted of, or entered a plea of guilty or
26 nolo contendere to, any felony or misdemeanor.
27 (b) A PERSON REGISTERED AS AN UNLICENSED PSYCHOTHERAPIST
28 PURSUANT TO THIS PART 7 BEFORE THE EFFECTIVE DATE OF THIS
29 SUBSECTION (3), AS AMENDED, AND WHO MEETS THE REQUIREMENTS OF
30 THIS SECTION MAY TO CONTINUE TO PRACTICE AS AN UNLICENSED
31 PSYCHOTHERAPIST.
32 (4) An unlicensed person whose primary practice is psychotherapy
33 or who holds himself or herself out to the public as able to practice
34 psychotherapy for compensation shall not practice psychotherapy unless
35 the person is registered with the board and included in the database
36 required by this section. Notwithstanding the requirements of this section,
37 a registered psychotherapist AN UNLICENSED PSYCHOTHERAPIST shall not
38 use the term "licensed", "certified", "clinical", "state-approved", or any
39 other term or abbreviation that would falsely give the impression that the
40 psychotherapist or the service that is being provided is recommended by
41 the state, based solely on inclusion in the database.
42 SECTION 34. In Colorado Revised Statutes, 12-245-801,
43 amend".
44
45 Page 11 of the report, strike line 40.
46
47 Page 12 of the report, strike lines 1 through 3.
48
49 Renumber succeeding sections accordingly.
50
51 Page 12 of the report, line 11, strike "the state board of registered
52 psychotherapists," and substitute "the state board of registered
53 UNLICENSED psychotherapists,".
54
55 Page 13 of the report, line 26, strike "a state board of registered
56 psychotherapists," and substitute "a state board of registered UNLICENSED
1 psychotherapists,".
2
3 Page 13 of the report, lines 32 and 33, strike "registered
4 psychotherapists," and substitute "registered UNLICENSED
5 psychotherapists,".
6
7 Page 13 of the report, line 37, strike "and repeal (15)" and substitute
8 "repeal (15); and add (17)".
9
10 Page 14 of the report, line 2, strike "the state board of registered
11 psychotherapists," and substitute "the state board of registered
12 UNLICENSED psychotherapists,".
13
14 Page 14 of the report, strike line 20 and substitute "12-245-604 (4),
15 respectively, or a registered AN UNLICENSED psychotherapist.".
16
17 Page 14 of the report, after line 20 insert:
18 "(17) (a) "UNLICENSED PSYCHOTHERAPIST" MEANS A PERSON:
19 (I) WHOSE PRIMARY PRACTICE IS PSYCHOTHERAPY OR WHO HOLDS
20 HIMSELF OR HERSELF OUT TO THE PUBLIC AS BEING ABLE TO PRACTICE
21 PSYCHOTHERAPY FOR COMPENSATION; AND
22 (II) WHO IS REGISTERED WITH THE STATE BOARD OF UNLICENSED
23 PSYCHOTHERAPISTS PURSUANT TO SECTION 12-245-703 TO PRACTICE
24 PSYCHOTHERAPY IN THIS STATE.
25 (b) "UNLICENSED PSYCHOTHERAPIST" ALSO INCLUDES A PERSON
26 WHO:
27 (I) IS A LICENSED SCHOOL PSYCHOLOGIST LICENSED PURSUANT TO
28 SECTION 22-60.5-210 (1)(b);
29 (II) IS PRACTICING OUTSIDE OF A SCHOOL SETTING; AND
30 (III) IS REGISTERED WITH THE STATE BOARD OF UNLICENSED
31 PSYCHOTHERAPISTS PURSUANT TO SECTION 12-245-703.".
32
33 Page 14 of the report, strike lines 28 through 30 and substitute "be the
34 only or primary practice area of the professionals, other than persons
35 registered as UNLICENSED psychotherapists pursuant to part 7 of this
36 article 245. The requirements for licensure, registration, or certification
37 as a".
38
39 Page 15 of the report, strike line 10 and substitute "(1)(b)(VI)".
40
41 Page 15 of the report, strike lines 29 through 41.
42
43 Page 16 of the report, strike lines 1 through 9 and substitute:
44
45 "(VI) The practice of psychotherapy, as defined in section
46 12-245-202, by the professional service corporation is performed by a
47 registered AN UNLICENSED psychotherapist acting independently or under
48 the supervision of a person licensed pursuant to this article 245 or a
49 registered AN UNLICENSED psychotherapist. Any registered UNLICENSED
50 psychotherapist member of the professional service corporation remains
51 individually responsible for his or her professional acts and conduct as
52 provided in this article 245.".
53
54 Page 16 of the report, strike line 11 and substitute "(1)(d)(IV), (1)(e), and
55 (4)(g) as follows:".
56
1 Page 16 of the report, line 19, strike "psychologists AND" and substitute
2 "psychologists;".
3
4 Page 16 of the report, lines 20 and 21, strike "counselors, and registered
5 psychotherapists," and substitute "counselors; and registered UNLICENSED
6 psychotherapists,".
7
8 Page 16 of the report, strike lines 24 through 29 and substitute:
9
10 "(e) If the mental health professional is a registered AN
11 UNLICENSED psychotherapist, a statement indicating that a registered AN
12 UNLICENSED psychotherapist is a psychotherapist listed in the state's
13 database and is authorized by law to practice psychotherapy in Colorado
14 but is not licensed by the state and is not required to satisfy any
15 standardized educational or testing requirements to obtain a registration
16 from the state.".
17
18 Page 16 of the report, strike lines 33 through 35 and substitute:
19
245 20 "(g) By a person licensed or certified pursuant to this article
21 or by a registered AN UNLICENSED psychotherapist practicing in a hospital
22 that is licensed or certified under section 25-1.5-103 (1)(a)(I) or
23 (1)(a)(II).".
24
25 Page 17 of the report, line 3, strike "repeal" and substitute "amend".
26
27 Page 17 of the report, strike lines 10 through 12 and substitute:
28
29 "(d) Deny, revoke, or suspend the listing of a registered AN
30 UNLICENSED psychotherapist in the state board of registered UNLICENSED
31 psychotherapists database established pursuant to section 12-245-703;".
32
33 Page 17 of the report, strike lines 32 through 34 and substitute "the
34 jurisdiction of the board. The psychologist candidate may, but is not
35 required to, register with the database of registered UNLICENSED
36 psychotherapists pursuant to section 12-245-703. If the requirements of
37 subsections (1)(d)".
38
39 Page 17 of the report, line 41, strike "repeal" and substitute "amend".
40
41 Page 18 of the report, strike lines 2 through 16 and substitute:
42
43 "12-245-306. Exemptions. (6) Nothing in this part 3 prevents the
44 practice of psychotherapy by persons registered with the state board of
45 registered UNLICENSED psychotherapists pursuant to section 12-245-703.
46 SECTION 58. In Colorado Revised Statutes, 12-245-404, amend
47 (4) as follows:
48 12-245-404. Qualifications - examination - licensure and
49 registration. (4) A person licensed as a licensed social worker pursuant
50 to subsection (1) of this section may, but is not required to, register with
51 the database of registered UNLICENSED psychotherapists pursuant to
52 section 12-245-703.
53 SECTION 59. In Colorado Revised Statutes, 12-245-406, amend
54 (5) as follows:
55 12-245-406. Scope of part. (5) Nothing in this part 4 prevents the
56 practice of psychotherapy by persons registered with the state board of
1 registered UNLICENSED psychotherapists pursuant to section 12-245-703.".
2
3 Page 18 of the report, strike lines 22 and 23 and substitute "jurisdiction
4 of the board and may, but is not required to, register with the database of
5 registered UNLICENSED psychotherapists pursuant to section 12-245-703.".
6
7 Page 18 of the report, line 24, strike "repeal" and substitute "amend".
8
9 Pag 18 of the report, strike lines 27 through 29 and substitute "- title.
10 (5) Nothing in this part 5 prevents the practice of psychotherapy by
11 persons registered with the state board of registered UNLICENSED
12 psychotherapists pursuant to section 12-245-703.".
13
14 Page 18 of the report, strike lines 35 and 36 and substitute "jurisdiction
15 of the board and may, but is not required to, register with the database of
16 registered UNLICENSED psychotherapists pursuant to section 12-245-703.".
17
18 Page 18 of the report, line 37, strike "repeal" and substitute "amend".
19
20 Page 18 of the report, strike lines 40 and 41 and substitute "(4) Nothing
21 in this part 6 prevents the practice of psychotherapy by persons registered
22 with the state board of registered UNLICENSED psychotherapists pursuant
23 to section 12-245-703.".
24
25 Page 19 of the report, strike line 1.
26
27 Page 19 of the report, lines 9 and 10, strike "a registered psychotherapist,"
28 and substitute "a registered AN UNLICENSED psychotherapist,".
29
30 Page 19 of the report, line 22, strike "a registered psychotherapist," and
31 substitute "a registered AN UNLICENSED psychotherapist,".
32
33 Page 20 of the report, line 1, strike "AND".
34
35 Page 20 of the report, lines 1 and 2, strike "and registered
36 psychotherapists," and substitute "and registered UNLICENSED
37 psychotherapists,".
38
39 Page 20 of the report, line 3, strike "repeal" and substitute "amend".
40
41 Page 20 of the report, strike line 24 and substitute:
42
43 "(G) Registered UNLICENSED psychotherapists;".
44
45 Page 20 of the report, line 25, strike "repeal" and substitute "amend".
46
47 Page 20 of the report, strike line 30 and substitute:
48
49 "(z) Registered UNLICENSED psychotherapists;".
50
51 Page 20 of the report, line 31, strike "repeal" and substitute "amend".
52
53 Page 20 of the report, strike lines 37 and 38 and substitute:
54
55 "(ll) State board of registered UNLICENSED psychotherapists,
56 created by part 7 of article 245 of title 12;".
1 Page 21 of the report, line 4, strike "AND".
2
3 Page 21 of the report, lines 4 and 5, strike "and registered
4 psychotherapists," and substitute "and registered UNLICENSED
5 psychotherapists,".
6
7 Page 21 of the report, lines 15 and 16, strike "registered psychotherapist,"
8 and substitute "registered UNLICENSED psychotherapist,".
9
10 As amended, ordered engrossed and placed on the Calendar for Third
11 Reading and Final Passage.
12

House Journal, May 27
27 Amend engrossed bill, page 9, line 15, strike "registered" and substitute
28 "registered UNLICENSED".
29
30 Page 9, line 19, strike "registered" and substitute "registered
31 UNLICENSED".
32
33 Page 26, line 18, strike the first "TO" and substitute "RENEW HIS OR HER
34 REGISTRATION AND".
35
36 Page 36, line 18, strike "psychotherapist," and substitute "UNLICENSED
37 psychotherapist,".
38
39 Page 36, strike lines 20 through 27.
40
41 Page 37, strike lines 1 and 2.
42
43 Renumber succeeding sections accordingly.
44
45 Page 43, strike lines 21 through 27.
46
47 Page 44, strike line 1.
48
49 Renumber succeeding sections accordingly.
50
51 Page 50, strike lines 9 through 21 and substitute:
52
53 "SECTION 70. Safety clause. The general assembly hereby
54 finds, determines, and declares that this act is necessary for the immediate
55 preservation of the public peace, health, or safety.".
1 The amendment was declared passed by the following roll call vote:
2
3 YES 61 NO 0 EXCUSED 4 ABSENT
4 Arndt Y Exum Y Larson Y Singer Y
5 Baisley Y Froelich Y Liston Y Sirota Y
6 Benavidez Y Garnett Y Lontine Y Snyder Y
7 Bird Y Geitner Y McCluskie Y Soper Y
8 Bockenfeld Y Gonzales-Gutierrez Y McKean Y Sullivan Y
9 Buck Y Gray Y McLachlan Y Tipper E
10 Buckner E Herod Y Melton E Titone Y
11 Buentello Y Holtorf Y Michaelson Jenet Y Valdez A. Y
12 Caraveo Y Hooton Y Mullica Y Valdez D. Y
13 Carver Y Humphrey Y Neville Y Van Winkle Y
14 Catlin Y Jackson E Pelton Y Weissman Y
15 Champion Y Jaquez Lewis Y Ransom Y Will Y
16 Coleman Y Kennedy Y Rich Y Williams D. Y
17 Cutter Y Kipp Y Roberts Y Wilson Y
18 Duran Y Kraft-Tharp Y Saine Y Woodrow Y
19 Esgar Y Landgraf Y Sandridge Y Young Y
20 Speaker Y
21
22 The question being, "Shall the bill, as amended, pass?".
23 A roll call vote was taken. As shown by the following recorded vote, a
24 majority of those elected to the House voted in the affirmative, and the
25 bill, as amended, was declared passed.
26
27 YES 51 NO 10 EXCUSED 4 ABSENT
28 Arndt Y Exum Y Larson Y Singer Y
29 Baisley N Froelich Y Liston Y Sirota Y
30 Benavidez Y Garnett Y Lontine Y Snyder Y
31 Bird Y Geitner N McCluskie Y Soper Y
32 Bockenfeld Y Gonzales-Gutierrez Y McKean Y Sullivan Y
33 Buck Y Gray Y McLachlan Y Tipper E
34 Buckner E Herod Y Melton E Titone Y
35 Buentello Y Holtorf Y Michaelson Jenet Y Valdez A. Y
36 Caraveo Y Hooton Y Mullica Y Valdez D. Y
37 Carver N Humphrey N Neville N Van Winkle Y
38 Catlin Y Jackson E Pelton Y Weissman Y
39 Champion Y Jaquez Lewis Y Ransom N Will Y
40 Coleman Y Kennedy Y Rich N Williams D. N
41 Cutter Y Kipp Y Roberts Y Wilson Y
42 Duran Y Kraft-Tharp Y Saine N Woodrow Y
43 Esgar Y Landgraf Y Sandridge N Young Y
44 Speaker Y
45 Co-sponsor(s) added: Representative(s) Arndt, Bird, Buentello, Caraveo, Duran,
46 Exum, Froelich, Kraft-Tharp, Lontine, McCluskie, Mullica, Snyder, Woodrow
47

Senate Journal, June 6
HB20-1206 by Representative(s) Michaelson Jenet and Landgraf, Cutter, Pelton, Young; also
Senator(s) Winter and Tate--Concerning the continuation of the regulation of mental health
professionals, and, in connection therewith, implementing recommendations contained in
the 2019 sunset report by the department of regulatory agencies.

Amendment No. 1(L.026), by Senator Tate.

Amend reengrossed bill, page 9, strike lines 8 through 15 and substitute
"sessions is legally confidential in the case of licensed marriage and
family therapists, social workers, professional counselors, and
psychologists; licensed or certified addiction counselors; and registered
psychotherapists INDIVIDUALS LICENSED, CERTIFIED, OR REGISTERED
PURSUANT TO THIS ARTICLE 245, except as provided in section".

Page 10, lines 24 and 25, strike "245 OR FOR WHICH THE PERSON HAS
OBTAINED THE REQUIRED CREDENTIALS." and substitute "245.".

Page 11, line 3, after ""LSW"," insert ""CLINICAL SOCIAL WORKER
CANDIDATE",".

Page 12, after line 4 insert:

"SECTION 14. In Colorado Revised Statutes, add 12-245-222.5
as follows:

12-245-222.5. Mental health disciplinary record work group
- creation - recommendations - report - repeal. (1) THERE IS CREATED
IN THE DIVISION THE MENTAL HEALTH DISCIPLINARY RECORD WORK
GROUP CONCERNING RECORDS THAT IMPACT THE INITIAL LICENSURE,
CERTIFICATION, REGISTRATION, AND ONGOING PRACTICE OF INDIVIDUALS
REGULATED PURSUANT TO THIS ARTICLE 245.
(2) THE DIRECTOR SHALL SERVE AS A MEMBER OF THE WORK
GROUP AND SHALL APPOINT ADDITIONAL MEMBERS THAT INCLUDE THE
FOLLOWING:
(a) THREE MENTAL HEALTH PROFESSIONALS REGULATED
PURSUANT TO THIS ARTICLE 245;
(b) TWO REPRESENTATIVES OF ASSOCIATIONS THAT REPRESENT
PROFESSIONALS REGULATED UNDER THIS ARTICLE 245;
(c) ONE REPRESENTATIVE FROM THE OPIOID AND OTHER
SUBSTANCE USE DISORDERS STUDY COMMITTEE CREATED IN SECTION
10-22.3-101; AND
(d) THREE MEMBERS OF THE PUBLIC WHO OFFER EXPERTISE ON
CRIMINAL JUSTICE REFORM, THE MENTAL HEALTH WORKFORCE, AND
CONSUMER PROTECTION.
(3) THE DIRECTOR SHALL CONVENE MEETINGS OF THE WORK
GROUP, WHICH SHALL MEET AS OFTEN AS THE DIRECTOR DEEMS
NECESSARY. A MAJORITY OF WORK GROUP MEMBERS MUST BE PRESENT
AT THE MEETING IN ORDER TO PROCEED.
(4) THE WORK GROUP IS AUTHORIZED TO MEET USING ONLINE
COMMUNICATIONS PLATFORMS AND MAY MEET IN PERSON AS
CIRCUMSTANCES ALLOW.
(5) MEMBERS OF THE WORK GROUP SHALL SERVE WITHOUT
COMPENSATION.
(6) ON OR BEFORE JANUARY 1, 2021, THE WORK GROUP SHALL
CONSIDER RECOMMENDATIONS CONCERNING RULEMAKING AND
LEGISLATIVE ACTIONS REGARDING:
(a) THE TIMELINE FOR WHICH THE DIVISION SHALL MAKE LETTERS
OF ADMONITION AVAILABLE TO THE PUBLIC AND ANY EXCEPTIONS FOR
CONTINUED INTERNAL USE BY THE APPLICABLE REGULATOR; AND
(b) THE TIMELINES, PARAMETERS, AND CONDITIONS FOR WHICH
THE DIVISION IS AUTHORIZED TO DISCLOSE TO THE PUBLIC RECORDS FOR
CERTAIN FELONIES, DEFERRED SENTENCES, OR FELONY CHARGES THAT
ARE NONVIOLENT, INCLUDING NONVIOLENT DRUG OFFENSES, THAT
OCCURRED BEFORE THE DATE OF APPLICATION FOR INITIAL LICENSURE,
CERTIFICATION, OR REGISTRATION.
(7) IN CONSIDERING ITS RECOMMENDATIONS, THE WORK GROUP
MUST CONSIDER AND ACCEPT PUBLIC COMMENT REGARDING IMPACTS OF
CURRENT POLICIES ON:
(a) CONSUMER PROTECTION;
(b) THE MENTAL HEALTH WORKFORCE;
(c) SOCIAL EQUITY; AND
(d) PATIENT ACCESS TO CARE.
(8) THE WORK GROUP SHALL REPORT ITS FINAL
RECOMMENDATIONS AND A MINORITY REPORT, IF APPLICABLE, ON OR
BEFORE JANUARY 1, 2021 TO:
(a) THE HEALTH AND HUMAN SERVICES OF THE SENATE, OR ITS
SUCCESSOR COMMITTEE;
(b) THE HEALTH AND INSURANCE COMMITTEE AND THE PUBLIC
HEALTH CARE AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF
REPRESENTATIVES, OR THEIR SUCCESSOR COMMITTEES;
(c) THE GOVERNOR; AND
(d) THE EXECUTIVE DIRECTOR.
(9) THIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2021.".

Renumber succeeding sections accordingly.

Page 12, strike line 6 and substitute "(1)(a)(I) and (1)(q); and add (1.5)
as follows:".

Page 12, strike "(a) (I) (A)" and substitute "(a)".

Page 12 strike lines 17 through 27.

Page 13, strike lines 1and 2.

Page 13, after line 11 insert:

"(1.5) ANY CONTRACT ENTERED INTO BY A LICENSEE, CERTIFICATE
HOLDER, OR REGISTRANT FOR THE PURPOSE OF MARKETING, OFFICE SPACE,
ADMINISTRATIVE SUPPORT, OR ANY OTHER OVERHEAD EXPENSE SHALL
NOT PROVIDE REMUNERATION FOR REFERRALS OF CLIENTS OR PATIENTS
OR OTHERWISE CREATE A FINANCIAL BENEFIT OR INCENTIVE TO THE
CONTRACTOR THAT IS TIED TO OR CONDITIONED ON THE NUMBER OF
CLIENTS OR PATIENTS THAT THE LICENSEE, CERTIFICATE HOLDER, OR
REGISTRANT SEES, THE VALUE OF THE SERVICES THAT THE LICENSEE,
CERTIFICATE HOLDER, OR REGISTRANT PROVIDES, OR ANY FINANCIAL
RECOVERY TO WHICH THE LICENSEE, CERTIFICATE HOLDER, OR
REGISTRANT IS ENTITLED.".

Page 14, strike lines 1 through 23.

Page 25, strike line 9 and substitute "(1), (3), and (4); and repeal (2) as
follows:".

Page 25, strike lines 17 through 25 and substitute:

"(2) A person who: Is licensed pursuant to part 3, 4, 5, 6, or 8 of
this article 245; is registered as a psychologist candidate, licensed social
worker, marriage and family therapist candidate, or professional
counselor candidate; or is enrolled in a professional training program at
an approved school and actively working toward acquiring and
demonstrating the necessary qualifications for licensure set forth in
section 12-245-304, 12-245-404, 12-245-504, 12-245-604, or
12-245-804 may, but is not required to, register with the database of
registered psychotherapists.".

Page 32, strike lines 15 through 22.
Renumber succeeding sections accordingly.

Page 36, lines 2 and 3, strike "plus revenues generated pursuant to
section 12-245-703" and substitute ""plus revenues generated pursuant
to section 12-245-703".

Page 38, line 26, before "or" insert "SOCIAL WORKER CANDIDATE,".

Page 40, strike line 20 and substitute "(1)(b)(VI) as follows:".

Page 42, strike lines 22 through 27.

Page 43, strike lines 1 and 2.

Renumber succeeding sections accordingly.


As amended, ordered revised and placed on the calendar for third reading and final
passage.