First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0584.01 Jerry Barry x4341
SENATE BILL 23-004
Senate Committees House Committees
Health & Human Services Education
A BILL FOR AN ACT
C
ONCERNING EMPLOYMENT OF CERTAIN SCHOOL -BASED THERAPISTS.
101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, a mental health professional must be licensed
by the department of education (department) in order to work in a school.
The bill authorizes a school district, the state charter school institute, and
a board of cooperative services that operates a school to employ certain
mental health professionals who are not licensed by the department but
hold a Colorado license for their profession. Before being employed, the
mental health professional must satisfy other requirements for
nonlicensed school employees, including a fingerprint-based criminal
HOUSE
3rd Reading Unamended
April 18, 2023
HOUSE
Amended 2nd Reading
April 17, 2023
SENATE
3rd Reading Unamended
February 16, 2023
SENATE
Amended 2nd Reading
February 15, 2023
SENATE SPONSORSHIP
Marchman and Jaquez Lewis, Bridges, Cutter, Exum, Fenberg, Fields, Ginal, Gonzales,
Hansen, Hinrichsen, Kolker, Moreno, Priola, Roberts, Rodriguez, Sullivan, Zenzinger
HOUSE SPONSORSHIP
Michaelson Jenet and Young, Amabile, Armagost, Bacon, Bird, Boesenecker, Brown,
Daugherty, deGruy Kennedy, Dickson, English, Froelich, Gonzales-Gutierrez, Hamrick,
Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Mabrey, McCluskie, McCormick, Ortiz,
Sharbini, Sirota, Snyder, Titone, Valdez, Velasco, Vigil, Weinberg, Weissman, Willford,
Woodrow
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. background check. Any mental health professional employed may be
supervised by a mentor special services provider in the field in which the
person is employed or a licensed administrator.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 22-60.5-218 as2
follows:3
22-60.5-218. Employment of certain school-based therapists
4
- legislative declaration - definitions. (1) T
HE GENERAL ASSEMBLY5
FINDS AND DECLARES THAT:6
(a) I
N 2021, CHILDREN'S HOSPITAL IN COLORADO DECLARED A7
YOUTH MENTAL HEALTH STATE OF EMERGENCY AND IN 2022 SAID THAT8
CONDITIONS ARE WORSE;9
(b) I
N 2022, THE CENTERS FOR DISEASE CONTROL AND PREVENTION10
RELEASED A SURVEY THAT FOUND THAT 44 PERCENT OF HIGH SCHOOL11
STUDENTS REPORTED THAT THEY FELT PERSISTENTLY SAD OR HOPELESS12
DURING THE PAST YEAR AND THAT SCHOOLS ARE CRUCIAL PARTNERS IN13
SUPPORTING THE HEALTH AND WELL -BEING OF STUDENTS;14
(c) T
HE COMPLEX AND TIME -CONSUMING PROCESS FOR15
SCHOOL-BASED THERAPISTS
TO RECEIVE A SPECIAL SERVICES LICENSE16
FROM THE DEPARTMENT OF EDUCATION PREVENTS SCHOOLS AND SCHOOL17
DISTRICTS FROM EMPLOYING SCHOOL -BASED THERAPISTS WHO MIGHT18
OTHERWISE HELP STUDENTS;19
(d) S
CHOOL-BASED THERAPISTS
ARE ALREADY LICENSED BY20
VARIOUS STATE BOARDS IN THE DEPARTMENT OF REGULATORY AFFAIRS ;21
AND22
(e) S
TUDENTS CAN BE PROTECTED BY REQUIRING SCHOOL -BASED
23
THERAPISTS EMPLOYED IN SCHOOLS TO SUBMIT TO FINGERPRINT -BASED24
004-2- CRIMINAL HISTORY BACKGROUND CHECKS AND TO BE SUPERVISED 1
ADMINISTRATORS WHO ARE LICENSED BY THE DEPARTMENT OF2
EDUCATION.3
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
REQUIRES:5
(a) "E
LIGIBLE SCHOOL-BASED THERAPIST"
MEANS A PERSON WHO6
MEETS THE ELIGIBILITY REQUIREMENTS DESCRIBED IN SUBSECTION (4) OF7
THIS SECTION AND WHO IS A:8
(I)
PSYCHOLOGIST LICENSED PURSUANT TO PART 3 OF ARTICLE 2459
OF TITLE 12;10
(II) S
OCIAL WORKER LICENSED PURSUANT TO PART 4 OF ARTICLE11
245
OF TITLE 12;12
(III) M
ARRIAGE AND FAMILY THERAPIST LICENSED PURSUANT TO13
PART 5 OF ARTICLE 245 OF TITLE 12;14
(IV) L
ICENSED PROFESSIONAL COUNSELOR LICENSED PURS UANT TO15
PART 6 OF ARTICLE 245 OF TITLE 12; OR16
(V) A
DDICTION COUNSELOR LICENSED PURSUANT TO PART 8 OF17
ARTICLE 245 OF TITLE 12.18
(b) "S
CHOOL" MEANS A SCHOOL OF A SC HOOL DISTRICT , A
19
CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURS UANT TO PART20
1
OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY
21
THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE22
30.5
OF THIS TITLE 22, OR THE COLORADO SCHOOL FOR THE DEAF AND THE
23
BLIND.24
(c) "SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT ORGANIZED25
AND EXISTING PURSUANT TO LAW . "SCHOOL DISTRICT" INCLUDES THE26
STATE CHARTER SCHOOL INSTITUTE, A BOARD OF COOPERATIVE SERVICES27
004
-3- THAT OPERATES A SCHOOL, AND SCHOOLS OPERATED BY THE DIVISION OF1
YOUTH SERVICES.2
(3) N
OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 60.5 TO3
THE CONTRARY, AND SUBJECT TO THE REQUIREMENTS OF THIS SECTION , A4
SCHOOL OR A
SCHOOL DISTRICT MAY EMPLOY AN ELIGIBLE SCHOOL -BASED5
THERAPIST TO WORK IN COORDINATION WITH LICENSED SPECIAL SERVICE6
PROVIDERS AT THE SCHOOL OR SCHOOL DISTRICT COORDINATING MENTAL7
HEALTH SUPPORTS FOR STUDENTS . A PERSON EMPLOYED AS AN ELIGIBLE8
SCHOOL-BASED THERAPIST MAY BE SUPERVISED BY A SPECIAL SERVICES9
PROVIDER WITH A SCHOOL COUNSELOR ENDORSEMENT OR AN10
ADMINISTRATOR LICENSED PURSUANT TO SECTION 22-60.5-306. WHEN11
HIRING AN ELIGIBLE SCHOOL-BASED THERAPIST, SCHOOLS AND SCHOOL12
DISTRICTS SHOULD ENSURE THAT THE THERAPIST HAS A BACKGROUND13
AND EXPERTISE IN WORKING WITH CHILDREN AND ADOLESCENTS . AN14
ELIGIBLE SCHOOL-BASED THERAPIST SHOULD SUPPLEMENT AND NOT15
REPLACE OR SUPPLANT A SPECIAL SERVICES PROVIDER .16
(4) P
RIOR TO EMPLOYMENT, THE SCHOOL OR A
SCHOOL DISTRICT17
AND AN ELIGIBLE SCHOOL-BASED THERAPIST SHALL COMPLY WITH THE18
REQUIREMENTS OF SECTION 22-32-109.8, INCLUDING THE REQUIREMENT19
FOR THE ELIGIBLE SCHOOL-BASED THERAPIST TO SUBMIT FINGERPRINTS.20
(5) I
F AN ELIGIBLE SCHOOL-BASED THERAPIST PROVIDES SERVICES
21
TO A STUDENT RELATED TO THE STUDENT 'S INDIVIDUALIZED EDUCATION22
PROGRAM, AS DEVELOPED PURSUANT TO PART 1 OF ARTICLE 20 OF THIS23
TITLE 22, THE ELIGIBLE SCHOOL -BASED THERAPIST MUST HAVE24
QUALIFICATIONS CONSISTENT WITH THE STUDENT 'S INDIVIDUALIZED25
EDUCATION PROGRAM.26
SECTION 2. Safety clause. The general assembly hereby finds,27
004
-4- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety.2
004
-5-