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Colorado Senate Bill SB004

Colorado 2023 Regular Session

Colorado Senate Bill SB004 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0584.01 Jerry Barry x4341
18 SENATE BILL 23-004
2-BY SENATOR(S) Marchman and Jaquez Lewis, Bridges, Cutter, Exum,
3-Fields, Ginal, Gonzales, Hansen, Hinrichsen, Kolker, Moreno, Priola,
4-Roberts, Rodriguez, Sullivan, Zenzinger, Fenberg;
5-also REPRESENTATIVE(S) Michaelson Jenet and Young, Amabile,
6-Armagost, Bacon, Bird, Boesenecker, Brown, Daugherty, deGruy Kennedy,
7-Dickson, English, Froelich, Gonzales-Gutierrez, Hamrick, Herod, Jodeh,
8-Joseph, Kipp, Lieder, Lindsay, Mabrey, McCormick, Ortiz, Sharbini, Sirota,
9-Snyder, Titone, Valdez, Velasco, Vigil, Weinberg, Weissman, Willford,
10-Woodrow, McCluskie.
9+Senate Committees House Committees
10+Health & Human Services Education
11+A BILL FOR AN ACT
1112 C
1213 ONCERNING EMPLOYMENT OF CERTAIN SCHOOL -BASED THERAPISTS.
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. In Colorado Revised Statutes, add 22-60.5-218 as
15-follows:
16-22-60.5-218. Employment of certain school-based therapists -
17-legislative declaration - definitions. (1) T
18-HE GENERAL ASSEMBLY FINDS
19-AND DECLARES THAT
20-:
14+101
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+Under current law, a mental health professional must be licensed
23+by the department of education (department) in order to work in a school.
24+The bill authorizes a school district, the state charter school institute, and
25+a board of cooperative services that operates a school to employ certain
26+mental health professionals who are not licensed by the department but
27+hold a Colorado license for their profession. Before being employed, the
28+mental health professional must satisfy other requirements for
29+nonlicensed school employees, including a fingerprint-based criminal
30+HOUSE
31+3rd Reading Unamended
32+April 18, 2023
33+HOUSE
34+Amended 2nd Reading
35+April 17, 2023
36+SENATE
37+3rd Reading Unamended
38+February 16, 2023
39+SENATE
40+Amended 2nd Reading
41+February 15, 2023
42+SENATE SPONSORSHIP
43+Marchman and Jaquez Lewis, Bridges, Cutter, Exum, Fenberg, Fields, Ginal, Gonzales,
44+Hansen, Hinrichsen, Kolker, Moreno, Priola, Roberts, Rodriguez, Sullivan, Zenzinger
45+HOUSE SPONSORSHIP
46+Michaelson Jenet and Young, Amabile, Armagost, Bacon, Bird, Boesenecker, Brown,
47+Daugherty, deGruy Kennedy, Dickson, English, Froelich, Gonzales-Gutierrez, Hamrick,
48+Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Mabrey, McCluskie, McCormick, Ortiz,
49+Sharbini, Sirota, Snyder, Titone, Valdez, Velasco, Vigil, Weinberg, Weissman, Willford,
50+Woodrow
51+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
52+Capital letters or bold & italic numbers indicate new material to be added to existing law.
53+Dashes through the words or numbers indicate deletions from existing law. background check. Any mental health professional employed may be
54+supervised by a mentor special services provider in the field in which the
55+person is employed or a licensed administrator.
56+Be it enacted by the General Assembly of the State of Colorado:1
57+SECTION 1. In Colorado Revised Statutes, add 22-60.5-218 as2
58+follows:3
59+22-60.5-218. Employment of certain school-based therapists
60+4
61+- legislative declaration - definitions. (1) T
62+HE GENERAL ASSEMBLY5
63+FINDS AND DECLARES THAT:6
2164 (a) I
22-N 2021, CHILDREN'S HOSPITAL IN COLORADO DECLARED A YOUTH
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. MENTAL HEALTH STATE OF EMERGENCY AND IN 2022 SAID THAT CONDITIONS
31-ARE WORSE
32-;
65+N 2021, CHILDREN'S HOSPITAL IN COLORADO DECLARED A7
66+YOUTH MENTAL HEALTH STATE OF EMERGENCY AND IN 2022 SAID THAT8
67+CONDITIONS ARE WORSE;9
3368 (b) I
34-N 2022, THE CENTERS FOR DISEASE CONTROL AND PREVENTION
35-RELEASED A SURVEY THAT FOUND THAT
36-44 PERCENT OF HIGH SCHOOL
37-STUDENTS REPORTED THAT THEY FELT PERSISTENTLY SAD OR HOPELESS
38-DURING THE PAST YEAR AND THAT SCHOOLS ARE CRUCIAL PARTNERS IN
39-SUPPORTING THE HEALTH AND WELL
40--BEING OF STUDENTS;
69+N 2022, THE CENTERS FOR DISEASE CONTROL AND PREVENTION10
70+RELEASED A SURVEY THAT FOUND THAT 44 PERCENT OF HIGH SCHOOL11
71+STUDENTS REPORTED THAT THEY FELT PERSISTENTLY SAD OR HOPELESS12
72+DURING THE PAST YEAR AND THAT SCHOOLS ARE CRUCIAL PARTNERS IN13
73+SUPPORTING THE HEALTH AND WELL -BEING OF STUDENTS;14
4174 (c) T
42-HE COMPLEX AND TIME -CONSUMING PROCESS FOR
43-SCHOOL
44--BASED THERAPISTS TO RECEIVE A SPECIAL SERVICES LICENSE FROM
45-THE DEPARTMENT OF EDUCATION PREVENTS SCHOOLS AND SCHOOL
46-DISTRICTS FROM EMPLOYING SCHOOL
47--BASED THERAPISTS WHO MIGHT
48-OTHERWISE HELP STUDENTS
49-;
75+HE COMPLEX AND TIME -CONSUMING PROCESS FOR15
76+SCHOOL-BASED THERAPISTS
77+ TO RECEIVE A SPECIAL SERVICES LICENSE16
78+FROM THE DEPARTMENT OF EDUCATION PREVENTS SCHOOLS AND SCHOOL17
79+DISTRICTS FROM EMPLOYING SCHOOL -BASED THERAPISTS WHO MIGHT18
80+OTHERWISE HELP STUDENTS;19
5081 (d) S
51-CHOOL-BASED THERAPISTS ARE ALREADY LICENSED BY VARIOUS
52-STATE BOARDS IN THE DEPARTMENT OF REGULATORY AFFAIRS
53-; AND
54-(e) STUDENTS CAN BE PROTECTED BY REQUIRING SCHOOL -BASED
55-THERAPISTS EMPLOYED IN SCHOOLS TO SUBMIT TO FINGERPRINT
56--BASED
57-CRIMINAL HISTORY BACKGROUND CHECKS AND TO BE SUPERVISED BY
58-ADMINISTRATORS WHO ARE LICENSED BY THE DEPARTMENT OF EDUCATION
59-.
82+CHOOL-BASED THERAPISTS
83+ ARE ALREADY LICENSED BY20
84+VARIOUS STATE BOARDS IN THE DEPARTMENT OF REGULATORY AFFAIRS ;21
85+AND22
86+(e) S
87+TUDENTS CAN BE PROTECTED BY REQUIRING SCHOOL -BASED
88+23
89+THERAPISTS EMPLOYED IN SCHOOLS TO SUBMIT TO FINGERPRINT -BASED24
90+004-2- CRIMINAL HISTORY BACKGROUND CHECKS AND TO BE SUPERVISED 1
91+ADMINISTRATORS WHO ARE LICENSED BY THE DEPARTMENT OF2
92+EDUCATION.3
6093 (2) A
61-S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
62-REQUIRES
63-:
94+S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
95+REQUIRES:5
6496 (a) "E
65-LIGIBLE SCHOOL-BASED THERAPIST" MEANS A PERSON WHO
66-MEETS THE ELIGIBILITY REQUIREMENTS DESCRIBED IN SUBSECTION
67-(4) OF
68-THIS SECTION AND WHO IS A
69-:
97+LIGIBLE SCHOOL-BASED THERAPIST"
98+ MEANS A PERSON WHO6
99+MEETS THE ELIGIBILITY REQUIREMENTS DESCRIBED IN SUBSECTION (4) OF7
100+THIS SECTION AND WHO IS A:8
70101 (I)
71- PSYCHOLOGIST LICENSED PURSUANT TO PART 3 OF ARTICLE 245
72-OF TITLE 12;
102+ PSYCHOLOGIST LICENSED PURSUANT TO PART 3 OF ARTICLE 2459
103+OF TITLE 12;10
73104 (II) S
74-OCIAL WORKER LICENSED PURSUANT TO PART 4 OF ARTICLE 245
75-OF TITLE 12;
105+OCIAL WORKER LICENSED PURSUANT TO PART 4 OF ARTICLE11
106+245
107+ OF TITLE 12;12
76108 (III) M
77-ARRIAGE AND FAMILY THERAPIST LICENSED PURSUANT TO
78-PART
79-5 OF ARTICLE 245 OF TITLE 12;
109+ARRIAGE AND FAMILY THERAPIST LICENSED PURSUANT TO13
110+PART 5 OF ARTICLE 245 OF TITLE 12;14
80111 (IV) L
81-ICENSED PROFESSIONAL COUNSELOR LICENSED PURSUANT TO
82-PAGE 2-SENATE BILL 23-004 PART 6 OF ARTICLE 245 OF TITLE 12; OR
83-(V) ADDICTION COUNSELOR LICENSED PURSUANT TO PART 8 OF
84-ARTICLE
85-245 OF TITLE 12.
112+ICENSED PROFESSIONAL COUNSELOR LICENSED PURS UANT TO15
113+PART 6 OF ARTICLE 245 OF TITLE 12; OR16
114+(V) A
115+DDICTION COUNSELOR LICENSED PURSUANT TO PART 8 OF17
116+ARTICLE 245 OF TITLE 12.18
86117 (b) "S
87-CHOOL" MEANS A SCHOOL OF A SCHOOL DISTRICT, A CHARTER
88-SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART
89-1 OF
90-ARTICLE
91-30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY THE
92-STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART
93-5 OF ARTICLE 30.5
94-OF THIS TITLE 22, OR THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND .
95-(c) "S
96-CHOOL DISTRICT" MEANS A SCHOOL DISTRICT ORGANIZED AND
97-EXISTING PURSUANT TO LAW
98-. "SCHOOL DISTRICT" INCLUDES THE STATE
99-CHARTER SCHOOL INSTITUTE
100-, A BOARD OF COOPERATIVE SERVICES THAT
101-OPERATES A SCHOOL
102-, AND SCHOOLS OPERATED BY THE DIVISION OF YOUTH
103-SERVICES
104-.
118+CHOOL" MEANS A SCHOOL OF A SC HOOL DISTRICT , A
119+19
120+CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURS UANT TO PART20
121+1
122+ OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY
123+21
124+THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE22
125+30.5
126+ OF THIS TITLE 22, OR THE COLORADO SCHOOL FOR THE DEAF AND THE
127+23
128+BLIND.24
129+(c) "SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT ORGANIZED25
130+AND EXISTING PURSUANT TO LAW . "SCHOOL DISTRICT" INCLUDES THE26
131+STATE CHARTER SCHOOL INSTITUTE, A BOARD OF COOPERATIVE SERVICES27
132+004
133+-3- THAT OPERATES A SCHOOL, AND SCHOOLS OPERATED BY THE DIVISION OF1
134+YOUTH SERVICES.2
105135 (3) N
106-OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 60.5 TO THE
107-CONTRARY
108-, AND SUBJECT TO THE REQUIREMENTS OF THIS SECTION , A
109-SCHOOL OR A SCHOOL DISTRICT MAY EMPLOY AN ELIGIBLE SCHOOL
110--BASED
111-THERAPIST TO WORK IN COORDINATION WITH LICENSED SPECIAL SERVICE
112-PROVIDERS AT THE SCHOOL OR SCHOOL DISTRICT COORDINATING MENTAL
113-HEALTH SUPPORTS FOR STUDENTS
114-. A PERSON EMPLOYED AS AN ELIGIBLE
115-SCHOOL
116--BASED THERAPIST MAY BE SUPERVISED BY A SPECIAL SERVICES
117-PROVIDER WITH A SCHOOL COUNSELOR E NDORSEMENT OR AN
118-ADMINISTRATOR LICENSED PURSUANT TO SECTION
119-22-60.5-306. WHEN
120-HIRING AN ELIGIBLE SCHOOL
121--BASED THERAPIST, SCHOOLS AND SCHOOL
122-DISTRICTS SHOULD ENSURE THAT THE THERAPIST HAS A BACKGROUND AND
123-EXPERTISE IN WORKING WITH CHILDREN AND ADOLESCENTS
124-. AN ELIGIBLE
125-SCHOOL
126--BASED THERAPIST SHOULD SUPPLEMENT AND NOT REPLACE OR
127-SUPPLANT A SPECIAL SERVICES PROVIDER
128-.
136+OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 60.5 TO3
137+THE CONTRARY, AND SUBJECT TO THE REQUIREMENTS OF THIS SECTION , A4
138+SCHOOL OR A
139+ SCHOOL DISTRICT MAY EMPLOY AN ELIGIBLE SCHOOL -BASED5
140+THERAPIST TO WORK IN COORDINATION WITH LICENSED SPECIAL SERVICE6
141+PROVIDERS AT THE SCHOOL OR SCHOOL DISTRICT COORDINATING MENTAL7
142+HEALTH SUPPORTS FOR STUDENTS . A PERSON EMPLOYED AS AN ELIGIBLE8
143+SCHOOL-BASED THERAPIST MAY BE SUPERVISED BY A SPECIAL SERVICES9
144+PROVIDER WITH A SCHOOL COUNSELOR ENDORSEMENT OR AN10
145+ADMINISTRATOR LICENSED PURSUANT TO SECTION 22-60.5-306. WHEN11
146+HIRING AN ELIGIBLE SCHOOL-BASED THERAPIST, SCHOOLS AND SCHOOL12
147+DISTRICTS SHOULD ENSURE THAT THE THERAPIST HAS A BACKGROUND13
148+AND EXPERTISE IN WORKING WITH CHILDREN AND ADOLESCENTS . AN14
149+ELIGIBLE SCHOOL-BASED THERAPIST SHOULD SUPPLEMENT AND NOT15
150+REPLACE OR SUPPLANT A SPECIAL SERVICES PROVIDER .16
129151 (4) P
130-RIOR TO EMPLOYMENT, THE SCHOOL OR A SCHOOL DISTRICT AND
131-AN ELIGIBLE SCHOOL
132--BASED THERAPIST SHALL COMPLY WITH THE
133-REQUIREMENTS OF SECTION
134-22-32-109.8, INCLUDING THE REQUIREMENT FOR
135-THE ELIGIBLE SCHOOL
136--BASED THERAPIST TO SUBMIT FINGERPRINTS .
152+RIOR TO EMPLOYMENT, THE SCHOOL OR A
153+ SCHOOL DISTRICT17
154+AND AN ELIGIBLE SCHOOL-BASED THERAPIST SHALL COMPLY WITH THE18
155+REQUIREMENTS OF SECTION 22-32-109.8, INCLUDING THE REQUIREMENT19
156+FOR THE ELIGIBLE SCHOOL-BASED THERAPIST TO SUBMIT FINGERPRINTS.20
137157 (5) I
138-F AN ELIGIBLE SCHOOL-BASED THERAPIST PROVIDES SERVICES TO
139-A STUDENT RELATED TO THE STUDENT
140-'S INDIVIDUALIZED EDUCATION
141-PROGRAM
142-, AS DEVELOPED PURSUANT TO PART 1 OF ARTICLE 20 OF THIS TITLE
143-PAGE 3-SENATE BILL 23-004 22, THE ELIGIBLE SCHOOL-BASED THERAPIST MUST HAVE QUALIFICATIONS
144-CONSISTENT WITH THE STUDENT
145-'S INDIVIDUALIZED EDUCATION PROGRAM .
146-SECTION 2. Safety clause. The general assembly hereby finds,
147-determines, and declares that this act is necessary for the immediate
148-preservation of the public peace, health, or safety.
149-____________________________ ____________________________
150-Steve Fenberg Julie McCluskie
151-PRESIDENT OF SPEAKER OF THE HOUSE
152-THE SENATE OF REPRESENTATIVES
153-____________________________ ____________________________
154-Cindi L. Markwell Robin Jones
155-SECRETARY OF CHIEF CLERK OF THE HOUSE
156-THE SENATE OF REPRESENTATIVES
157- APPROVED________________________________________
158- (Date and Time)
159- _________________________________________
160- Jared S. Polis
161- GOVERNOR OF THE STATE OF COLORADO
162-PAGE 4-SENATE BILL 23-004
158+F AN ELIGIBLE SCHOOL-BASED THERAPIST PROVIDES SERVICES
159+21
160+TO A STUDENT RELATED TO THE STUDENT 'S INDIVIDUALIZED EDUCATION22
161+PROGRAM, AS DEVELOPED PURSUANT TO PART 1 OF ARTICLE 20 OF THIS23
162+TITLE 22, THE ELIGIBLE SCHOOL -BASED THERAPIST MUST HAVE24
163+QUALIFICATIONS CONSISTENT WITH THE STUDENT 'S INDIVIDUALIZED25
164+EDUCATION PROGRAM.26
165+SECTION 2. Safety clause. The general assembly hereby finds,27
166+004
167+-4- determines, and declares that this act is necessary for the immediate1
168+preservation of the public peace, health, or safety.2
169+004
170+-5-