SENATE BILL 23-004
BY SENATOR(S) Marchman and Jaquez Lewis, Bridges, Cutter, Exum,
Fields, Ginal, Gonzales, Hansen, Hinrichsen, Kolker, Moreno, Priola,
Roberts, Rodriguez, Sullivan, Zenzinger, Fenberg;
also REPRESENTATIVE(S) 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, McCormick, Ortiz, Sharbini, Sirota,
Snyder, Titone, Valdez, Velasco, Vigil, Weinberg, Weissman, Willford,
Woodrow, McCluskie.
C
ONCERNING EMPLOYMENT OF CERTAIN SCHOOL -BASED THERAPISTS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 22-60.5-218 as
follows:
22-60.5-218. Employment of certain school-based therapists -
legislative declaration - definitions. (1) T
HE GENERAL ASSEMBLY FINDS
AND DECLARES THAT
:
(a) I
N 2021, CHILDREN'S HOSPITAL IN COLORADO DECLARED A YOUTH
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. MENTAL HEALTH STATE OF EMERGENCY AND IN 2022 SAID THAT CONDITIONS
ARE WORSE
;
(b) I
N 2022, THE CENTERS FOR DISEASE CONTROL AND PREVENTION
RELEASED A SURVEY THAT FOUND THAT
44 PERCENT OF HIGH SCHOOL
STUDENTS REPORTED THAT THEY FELT PERSISTENTLY SAD OR HOPELESS
DURING THE PAST YEAR AND THAT SCHOOLS ARE CRUCIAL PARTNERS IN
SUPPORTING THE HEALTH AND WELL
-BEING OF STUDENTS;
(c) T
HE COMPLEX AND TIME -CONSUMING PROCESS FOR
SCHOOL
-BASED THERAPISTS TO RECEIVE A SPECIAL SERVICES LICENSE FROM
THE DEPARTMENT OF EDUCATION PREVENTS SCHOOLS AND SCHOOL
DISTRICTS FROM EMPLOYING SCHOOL
-BASED THERAPISTS WHO MIGHT
OTHERWISE HELP STUDENTS
;
(d) S
CHOOL-BASED THERAPISTS ARE ALREADY LICENSED BY VARIOUS
STATE BOARDS IN THE DEPARTMENT OF REGULATORY AFFAIRS
; AND
(e) STUDENTS CAN BE PROTECTED BY REQUIRING SCHOOL -BASED
THERAPISTS EMPLOYED IN SCHOOLS TO SUBMIT TO FINGERPRINT
-BASED
CRIMINAL HISTORY BACKGROUND CHECKS AND TO BE SUPERVISED BY
ADMINISTRATORS WHO ARE LICENSED BY THE DEPARTMENT OF EDUCATION
.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "E
LIGIBLE SCHOOL-BASED THERAPIST" MEANS A PERSON WHO
MEETS THE ELIGIBILITY REQUIREMENTS DESCRIBED IN SUBSECTION
(4) OF
THIS SECTION AND WHO IS A
:
(I)
PSYCHOLOGIST LICENSED PURSUANT TO PART 3 OF ARTICLE 245
OF TITLE 12;
(II) S
OCIAL WORKER LICENSED PURSUANT TO PART 4 OF ARTICLE 245
OF TITLE 12;
(III) M
ARRIAGE AND FAMILY THERAPIST LICENSED PURSUANT TO
PART
5 OF ARTICLE 245 OF TITLE 12;
(IV) L
ICENSED PROFESSIONAL COUNSELOR LICENSED PURSUANT TO
PAGE 2-SENATE BILL 23-004 PART 6 OF ARTICLE 245 OF TITLE 12; OR
(V) ADDICTION COUNSELOR LICENSED PURSUANT TO PART 8 OF
ARTICLE
245 OF TITLE 12.
(b) "S
CHOOL" MEANS A SCHOOL OF A SCHOOL DISTRICT, A CHARTER
SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART
1 OF
ARTICLE
30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY THE
STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART
5 OF ARTICLE 30.5
OF THIS TITLE 22, OR THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND .
(c) "S
CHOOL DISTRICT" MEANS A SCHOOL DISTRICT ORGANIZED AND
EXISTING PURSUANT TO LAW
. "SCHOOL DISTRICT" INCLUDES THE STATE
CHARTER SCHOOL INSTITUTE
, A BOARD OF COOPERATIVE SERVICES THAT
OPERATES A SCHOOL
, AND SCHOOLS OPERATED BY THE DIVISION OF YOUTH
SERVICES
.
(3) N
OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 60.5 TO THE
CONTRARY
, AND SUBJECT TO THE REQUIREMENTS OF THIS SECTION , A
SCHOOL OR A SCHOOL DISTRICT MAY EMPLOY AN ELIGIBLE SCHOOL
-BASED
THERAPIST TO WORK IN COORDINATION WITH LICENSED SPECIAL SERVICE
PROVIDERS AT THE SCHOOL OR SCHOOL DISTRICT COORDINATING MENTAL
HEALTH SUPPORTS FOR STUDENTS
. A PERSON EMPLOYED AS AN ELIGIBLE
SCHOOL
-BASED THERAPIST MAY BE SUPERVISED BY A SPECIAL SERVICES
PROVIDER WITH A SCHOOL COUNSELOR E NDORSEMENT OR AN
ADMINISTRATOR LICENSED PURSUANT TO SECTION
22-60.5-306. WHEN
HIRING AN ELIGIBLE SCHOOL
-BASED THERAPIST, SCHOOLS AND SCHOOL
DISTRICTS SHOULD ENSURE THAT THE THERAPIST HAS A BACKGROUND AND
EXPERTISE IN WORKING WITH CHILDREN AND ADOLESCENTS
. AN ELIGIBLE
SCHOOL
-BASED THERAPIST SHOULD SUPPLEMENT AND NOT REPLACE OR
SUPPLANT A SPECIAL SERVICES PROVIDER
.
(4) P
RIOR TO EMPLOYMENT, THE SCHOOL OR A SCHOOL DISTRICT AND
AN ELIGIBLE SCHOOL
-BASED THERAPIST SHALL COMPLY WITH THE
REQUIREMENTS OF SECTION
22-32-109.8, INCLUDING THE REQUIREMENT FOR
THE ELIGIBLE SCHOOL
-BASED THERAPIST TO SUBMIT FINGERPRINTS .
(5) I
F AN ELIGIBLE SCHOOL-BASED THERAPIST PROVIDES SERVICES TO
A STUDENT RELATED TO THE STUDENT
'S INDIVIDUALIZED EDUCATION
PROGRAM
, AS DEVELOPED PURSUANT TO PART 1 OF ARTICLE 20 OF THIS TITLE
PAGE 3-SENATE BILL 23-004 22, THE ELIGIBLE SCHOOL-BASED THERAPIST MUST HAVE QUALIFICATIONS
CONSISTENT WITH THE STUDENT
'S INDIVIDUALIZED EDUCATION PROGRAM .
SECTION 2. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-SENATE BILL 23-004