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 115 -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-