Colorado 2024 2024 Regular Session

Colorado Senate Bill SB115 Engrossed / Bill

Filed 03/04/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0336.01 Kristen Forrestal x4217
SENATE BILL 24-115
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING REQUIREMENTS TO PRACTICE AS A MENTAL HEALTH101
PROFESSIONAL.102
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
.)
The bill removes the requirement that a mental health professional
provide each client with an explanation of the levels of regulation and the
differences between licensure, registration, and certification of mental
health professionals.
The bill removes the requirement for an individual to take and pass
the board of social work examiners' masters examination in order to
SENATE
3rd Reading Unamended
March 4, 2024
SENATE
Amended 2nd Reading
February 27, 2024
SENATE SPONSORSHIP
Michaelson Jenet and Smallwood, Bridges, Cutter, Danielson, Fields, Jaquez Lewis,
Priola
HOUSE SPONSORSHIP
Young and Sirota,
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. obtain a licensed social worker license.
In order for an individual to obtain a registration as a psychologist
candidate (PSYC), a clinical social worker candidate (SWC), a marriage
and family therapist candidate (MFTC), a licensed professional counselor
candidate (LPCC), or an addiction counselor candidate (ADDC), the bill
requires the individual to pass the Colorado jurisprudence examination.
The bill authorizes PSYCs, SWCs, MFTCs, LPCCs, and ADDCs
to renew their candidate registrations if they are unable to complete all the
post-degree licensure requirements within the 4-year time frame that a
registration is valid and allows candidates whose registrations have
expired to reapply for the registration.
The bill updates the definition of "practice of licensed professional
counseling".
On or before December 31, 2024,the state board of psychologist
examiners, the state board of social work examiners, the state board of
marriage and family therapist examiners, the state board of licensed
professional counselor examiners, and the state board of addiction
counselor examiners are required to begin the rule-making process to
align their respective rules with their respective practice acts.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 12-245-216, repeal2
(1)(b)(I) as follows:3
12-245-216.  Mandatory disclosure of information to clients.4
(1)  Except as otherwise provided in subsection (4) of this section, every5
licensee, registrant, or certificate holder shall provide the following6
information in writing to each client during the initial client contact:7
(b) (I)  An explanation of the levels of regulation applicable to
8
mental health professionals under this article 245 and the differences9
between licensure, registration, and certification, including the10
educational, experience, and training requirements applicable to the11
particular level of regulation; and12
SECTION 2. In Colorado Revised Statutes, 12-245-232, add (3)13
as follows:14
115-2- 12-245-232.  Minimum standards for testing. (3)  T	HE TESTING1
REQUIRED PURSUANT TO THIS SECTION MAY BE ADMINISTERED BY A2
QUALIFIED PSYCHOMETRICIAN OR STUDENT TRAINEE WORKING UNDER THE3
DIRECT SUPERVISION OF A LICENSEE WHO MEETS THE REQUIREMENTS IN4
THIS SECTION.5
SECTION 3. In Colorado Revised Statutes, 12-245-304, amend6
(3)(b); repeal (3)(a)(II); and add (3)(a)(III) and (3)(c) as follows:7
12-245-304.  Qualifications - examinations - licensure and8
registration - rules. (3) (a)  The board shall register as a psychologist9
candidate a person who files an application for registration, accompanied10
by the fee required by section 12-245-205, and who:11
(II)  Has not been previously registered as a psychologist candidate12
by the board.13
(III)  H
AS PASSED A JURISPRUDENCE EXAMINATION ADMINISTERED14
BY THE DIVISION.15
(b)  A psychologist candidate registered pursuant to this subsection16
(3) is under the jurisdiction of the board. The psychologist candidate may,17
but is not required to, register with the database of unlicensed18
psychotherapists pursuant to section 12-245-703. If the requirements of19
subsections (1)(d) and (1)(e) of this section are not met within four years,20
the registration of the psychologist candidate expires and is not renewable
21
unless the board, in its discretion, grants the candidate an extension MAY22
BE RENEWED FOR FOUR YEARS IF THE CANDIDATE SUBMITS A RENEWAL23
APPLICATION TO THE BOARD BEFORE THE EXPIRATION DATE OF THE24
CURRENT PSYCHOLOGIST CANDIDATE REGISTRATION . A person whose25
psychologist candidate registration expires is not precluded from applying26
REAPPLYING for A PSYCHOLOGIST CANDIDATE REGISTRATION OR APPLYING27
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-3- FOR licensure or registration with any other mental health board for which1
the person is qualified.2
(c)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN3
THE RULE-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE4
RULES PERTAINING TO PSYCHOLOGISTS INTO ALIGNMENT WITH THIS PART5
3,
 INCLUDING:6
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO7
JURISPRUDENCE EXAMINATION TO OBTAIN A PSYCHOLOGIST CANDIDATE8
REGISTRATION;9
(II)  A
LLOWANCE OF A PSYCHOLOGIST CANDIDATE TO RENEW A10
PSYCHOLOGIST CANDIDATE REGISTRATION FOR FOUR YEARS IF THE11
CANDIDATE SUBMITS AN APPLICATION FOR RENEWAL TO THE BOARD12
BEFORE THE EXPIRATION DATE OF THE CURRENT PSYCHOLOGIST13
CANDIDATE REGISTRATION; AND14
(III)  A
LLOWANCE OF A PSYCHOLOGIST CANDIDATE WHOSE15
CANDIDATE REGISTRATION HAS EXPIRED TO REAPPLY FOR A PSYCHOLOGIST16
CANDIDATE REGISTRATION.17
SECTION 4. In Colorado Revised Statutes, 12-245-404, amend18
(1)(c), (3)(a), and (4)(b); repeal (4)(a)(II); and add (4)(a)(III) and (4)(c)19
as follows:20
12-245-404.  Qualifications - examination - licensure and21
registration - rules. (1)  The board shall license as a licensed social22
worker a person who files an application in a form and manner required23
by the board, submits the fee required by the board pursuant to section24
12-245-205, and submits evidence satisfactory to the board that the25
applicant:26
(c)  Demonstrates professional
 LEGAL AND ETHICAL competence27
115
-4- by satisfactorily passing an examination in social work as prescribed by1
the board and a jurisprudence examination administered by the division.2
(3) (a)  The board or its designated representative shall give the3
examination described in subsection (1)(c) of this section and in4
subsection (2)(d) of this section at least twice per year at a time and place5
and under the supervision determined by the board.6
(4) (a)  The board shall register as a clinical social worker7
candidate a person who files an application for registration, accompanied8
by the fee required by section 12-245-205, who is not in violation of any9
provision of this article 245 or any rules promulgated by the board, and10
who:11
(II)  Has not been previously registered as a clinical social worker12
candidate by the board.13
(III)  H
AS PASSED A JURISPRUDENCE EXAMINATION ADMINISTERED14
BY THE DIVISION.15
(b)  A clinical social worker candidate registered pursuant to this16
subsection (4) is under the jurisdiction of the board. If the requirements17
of subsections (2)(c) and (2)(d) of this section are not met within four18
years after the date of registration as a candidate, the registration of the19
clinical social worker candidate expires and is not renewable unless the
20
board, in its discretion, grants the candidate an extension MAY BE21
RENEWED FOR FOUR YEARS IF THE CANDIDATE SUBMITS A RENEWAL22
APPLICATION TO THE BOARD BEFORE THE EXPIRATION DATE OF THE23
CURRENT CLINICAL SOCIAL WORKER CANDIDATE REGISTRATION . A person24
whose clinical social worker candidate registration expires is not25
precluded from applying REAPPLYING for A CLINICAL SOCIAL WORKER26
CANDIDATE REGISTRATION OR APPLYING FOR licensure or registration with27
115
-5- any other mental health board for which the person is qualified.1
(c)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN2
THE RULE-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE3
RULES PERTAINING TO SOCIAL WORKERS INTO ALIGNMENT WITH THIS PART4
4,
 INCLUDING:5
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO6
JURISPRUDENCE EXAMINATION TO OBTAIN A CLINICAL SOCIAL WORKER7
CANDIDATE REGISTRATION;8
(II)  A
LLOWANCE OF A CLINICAL SOCIAL WORKER CANDIDATE TO9
RENEW A CLINICAL SOCIAL WORKER CANDIDATE REGISTRATION FOR FOUR10
YEARS IF THE CANDIDATE SUBMITS AN APPLICATION FOR RENEWAL TO THE11
BOARD BEFORE THE EXPIRATION DATE OF THE CURRENT CLINICAL SOCIAL12
WORKER CANDIDATE REGISTRATION ; AND13
(III)  A
LLOWANCE OF A CLINICAL SOCIAL WORKER CANDIDATE14
WHOSE CANDIDATE REGISTRATION HAS EXPIRED TO REAPPLY FOR A15
CLINICAL SOCIAL WORKER CANDIDATE REGISTRATION .16
SECTION 5. In Colorado Revised Statutes, amend 12-245-40817
as follows:18
12-245-408.  Clinical social work practice of psychotherapy.19
For the purpose of licensure, the practice, under this part 4, of20
psychotherapy and other clinical activities within the definition of social21
work practice in section 12-245-403 is limited to licensed clinical social22
workers or licensed social workers 
AND CLINICAL SOCIAL WORKER
23
CANDIDATES supervised in accordance with section 12-245-404 (2)(c).24
SECTION 6. In Colorado Revised Statutes, 12-245-504, amend25
(4)(c); repeal (4)(a)(III); and add (4)(a)(IV) and (4)(d) as follows:26
12-245-504.  Qualifications - examination - licensure and27
115
-6- registration. (4) (a)  The board shall register as a marriage and family1
therapist candidate a person who:2
(III)  Has not been previously registered as a marriage and family3
therapist candidate by the board.4
(IV)  H
AS PASSED A JURISPRUDENCE EXAMINATION ADMINISTERED5
BY THE DIVISION.6
(c)  If a candidate does not meet the requirements of subsections
7
(1)(d) and (1)(e) SUBSECTION (1)(d) of this section within four years after8
initial registration, the candidate's registration expires and is not9
renewable, unless the board, in its discretion, grants the candidate an10
extension MAY BE RENEWED FOR FOUR YEARS IF THE CANDIDATE SUBMITS11
A RENEWAL APPLICATION TO THE BOARD BEFORE THE EXPIRATION DATE OF12
THE CURRENT MARRIAGE AND FAMILY THERAPIST CANDIDATE13
REGISTRATION. A person whose marriage and family therapist candidate14
registration expires is not precluded from applying REAPPLYING FOR A15
MARRIAGE AND FAMILY THERAPIST CANDIDATE REGISTRATION to this THE16
board or 
APPLYING to any other board for licensure or registration in a17
mental health profession for which the person is qualified.18
(d)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN19
THE RULE-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE20
RULES PERTAINING TO MARRIAGE AND FAMILY THERAPISTS INTO21
ALIGNMENT WITH THIS PART 5, INCLUDING:22
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO23
JURISPRUDENCE EXAMINATION TO OBTAIN A MARRIAGE AND FAMILY24
THERAPIST CANDIDATE REGISTRATION ;25
(II)  A
LLOWANCE OF A MARRIAGE AND FAMILY THERAPIST26
CANDIDATE TO RENEW A MARRIAGE AND FAMILY THERAPIST CANDIDATE27
115
-7- REGISTRATION FOR FOUR YEARS IF THE CANDIDATE SUBMITS AN1
APPLICATION FOR RENEWAL TO THE BOARD BEFORE THE EXPIRATION DATE2
OF THE CURRENT MARRIAGE AND FAMILY THERAPIST CANDIDATE3
REGISTRATION; AND4
(III)  A
LLOWANCE OF A MARRIAGE AND FAMILY THERAPIST5
CANDIDATE WHOSE CANDIDATE REGISTRATION HAS EXPIRED TO REAPPLY6
FOR A MARRIAGE AND FAMILY THERAPIST CANDIDATE REGISTRATION .7
     
8
SECTION 7. In Colorado Revised Statutes, 12-245-604, amend9
(1)(d), (4)(a)(II), and (4)(c); repeal (4)(a)(III); and add (4)(d) and (6) as10
follows:11
12-245-604.  Licensure - examination - licensed professional12
counselors. (1)  The board shall issue a license as a licensed professional13
counselor to each applicant who files an application in a form and manner14
required by the board, submits the fee required by the board pursuant to15
section 12-245-205, and furnishes evidence satisfactory to the board that16
the applicant:17
(d) (I)  Has at least two years of post-master's practice or one year18
of postdoctoral practice in licensed professional counseling under clinical19
supervision; and20
(II)  Has at least two thousand hours of practice in counseling,21
including at least one thousand five hundred hours of face-to-face direct22
client contact, 
OR PRACTICE PURSUANT TO SECTION 12-245-603, under23
clinical supervision that is in person or is telesupervision; and24
(III)  F
OR EACH ONE THOUSAND HOURS OF SUPERVISED PRACTICE25
IN PROFESSIONAL COUNSELING, HAS RECEIVED A MINIMUM OF FIFTY HOURS26
OF SUPERVISION. A MINIMUM OF TWENTY-FIVE OF THE FIFTY HOURS MUST27
115
-8- BE INDIVIDUAL SUPERVISION, WHICH MAY BE IN PERSON OR THROUGH1
TELESUPERVISION. THE REMAINING TWENTY-FIVE OF THE FIFTY HOURS OF2
SUPERVISION EARNED MAY BE EITHER TRIADIC SUPERVISION OR GROUP3
SUPERVISION WITH A MAXIMUM RATIO OF ONE SUPERVISOR TO TEN4
SUPERVISEES. NO OTHER MODES OF SUPERVISION WILL BE ACCEPTED .5
(4) (a)  The board shall register as a licensed professional6
counselor candidate a person who:7
(II)  Submits evidence satisfactory to the board that the person:8
(A)  Meets the requirements of subsections (1)(a), (1)(b), and9
(1)(c) of this section and 
HAS PASSED A JURISPRUDENCE EXAMINATION10
ADMINISTERED BY THE DIVISION; OR
11
(B)  I
S IN THE FINAL SEMESTER OF A MASTER 'S OR DOCTORAL12
DEGREE IN PROFESSIONAL COUNSELING FROM AN ACCREDITED SCHOOL ,13
COLLEGE, OR EQUIVALENT PROGRAM ; HAS COMPLETED ALL PRACTICUM14
AND INTERNSHIP REQUIREMENTS ; HAS PASSED THE JURISPRUDENCE15
EXAMINATION ADMINISTERED BY THE DIVISION ; AND
 HAS MET THE16
REQUIREMENTS OF SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION.     17
(III)  Has not been previously registered as a licensed professional18
counselor candidate by the board.19
(c)  If a candidate does not meet the requirements of subsections20
(1)(d) and (1)(e) of this section within four years after initial registration,21
the candidate's registration expires and is not renewable, unless the board,22
in its discretion, grants the candidate an extension MAY BE RENEWED FOR23
FOUR YEARS IF THE CANDIDATE SUBMITS A RENEWAL APPLICATION TO THE24
BOARD BEFORE THE EXPIRATION DATE OF THE CURRENT LICENSED25
PROFESSIONAL COUNSELOR CANDIDATE REGISTRATION . A person whose26
licensed professional counselor candidate registration expires is not27
115
-9- precluded from applying REAPPLYING FOR A LICENSED PROFESSIONAL1
COUNSELOR CANDIDATE REGISTRATION to this THE board or APPLYING to2
any other board for licensure or registration in a mental health profession3
for which the person is qualified.4
(d)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN5
THE RULE-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE6
RULES PERTAINING TO LICENSED PROFESSIONAL COUNSELORS INTO7
ALIGNMENT WITH THIS PART 6, INCLUDING:8
(I)  A
LLOWANCE OF A LICENSED PROFESSIONAL COUNSELOR9
CANDIDATE TO RENEW A LICENSED PROFESSI ONAL COUNSELOR CANDIDATE10
REGISTRATION FOR FOUR YEARS IF THE CANDIDATE SUBMITS AN11
APPLICATION FOR RENEWAL TO THE BOARD BEFORE THE EXPIRATION DATE12
OF THE CURRENT LICENSED PROFESSIONAL COUNSELOR CANDIDATE13
REGISTRATION; AND14
(II)  A
LLOWANCE OF A LICENSED PROFESSIONAL COUNSELOR15
CANDIDATE WHOSE CANDIDATE REGISTRATION HAS EXPIRED TO REAPPLY16
FOR A LICENSED PROFESSIONAL COUNSELOR CANDIDATE REGISTRATION .17
(6)  A
 PERSON WHO BECOMES A LICENSED PROFESSIONAL18
COUNSELOR CANDIDATE WHILE IN THE FINAL SEMESTER OF A MASTER 'S OR19
DOCTORAL DEGREE IN PROFESSIONAL COUNSELING FROM AN ACCREDITED20
SCHOOL, COLLEGE, OR EQUIVALENT PROGRAM SHALL SUBMIT TO THE21
BOARD A TRANSCRIPT OR FORM, IN A FORM AND MANNER DETERMINED BY22
THE BOARD, FROM THE APPLICABLE EDUCATIONAL INSTITUTION THAT23
INDICATES THE PERSON RECEIVED THE MASTER 'S OR DOCTORAL DEGREE.24
SECTION 8.
  In Colorado Revised Statutes, 12-245-804, amend25
(3.7) as follows:26
12-245-804.  Requirements for licensure, certification, and27
115
-10- registration - rules. (3.7) (a)  The board shall register as an addiction1
counselor candidate a person who files an application for registration,2
accompanied by the fee required by section 12-245-205, who is not in3
violation of any provision of this article 245 or any rules promulgated by4
the board, and who:5
(I)  Submits evidence satisfactory to the board that the person has6
met the requirements of subsections (1)(a), (1)(b), and (1)(c) of this7
section. and8
(II)  Has not previously registered as an addiction counselor9
candidate with the board.10
(b)  An addiction counselor candidate registered pursuant to this11
subsection (3.7) is under the jurisdiction of the board. If the requirements12
of subsections (1)(d) to (1)(g) of this section are not met within four years13
after the date of registration as a candidate or within one year if the14
candidate holds an equivalent credential from another state, the15
registration of the addiction counselor candidate expires and is not16
renewable unless the board, in its discretion, grants the candidate an17
extension MAY BE RENEWED FOR FOUR YEARS IF THE CANDIDATE SUBMITS18
A RENEWAL APPLICATION TO THE BOARD BEFORE THE EXPIRATION DATE OF19
THE CURRENT ADDICTION COUNSELOR CANDIDATE REGISTRATION . A20
person whose addiction counselor candidate registration expires is not21
precluded from applying REAPPLYING for AN ADDICTION COUNSELOR22
CANDIDATE REGISTRATION OR APPLYING FOR licensure or registration with23
any other mental health board for which the person is qualified.24
(c)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN25
THE RULE-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE26
RULES PERTAINING TO ADDICTION COUNSELORS INTO ALIGNMENT WITH27
115
-11- THIS PART 8, INCLUDING:1
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO2
JURISPRUDENCE EXAMINATION TO OBTAIN AN ADDICTION COUNSELOR3
CANDIDATE REGISTRATION;4
(II)  A
LLOWANCE OF AN ADDICTION COUNSELOR CANDIDATE TO5
RENEW AN ADDICTION COUNSELOR CANDIDATE REGISTRATION FOR FOUR6
YEARS IF THE CANDIDATE SUBMITS AN APPLICATION FOR RENEWAL TO THE7
BOARD BEFORE THE EXPIRATION DATE OF THE CURRENT ADDICTION8
COUNSELOR CANDIDATE REGISTRATION ; AND9
(III)  A
LLOWANCE OF AN ADDICTION COUNSELOR CANDIDATE10
WHOSE CANDIDATE REGISTRATION HAS EXPIRED TO REAPPLY FOR AN11
ADDICTION COUNSELOR CANDIDATE REGISTRATION .12
SECTION 9.
  Act subject to petition - effective date. This act13
takes effect at 12:01 a.m. on the day following the expiration of the14
ninety-day period after final adjournment of the general assembly; except15
that, if a referendum petition is filed pursuant to section 1 (3) of article V16
of the state constitution against this act or an item, section, or part of this17
act within such period, then the act, item, section, or part will not take18
effect unless approved by the people at the general election to be held in19
November 2024 and, in such case, will take effect on the date of the20
official declaration of the vote thereon by the governor.21
115
-12-