Colorado 2024 2024 Regular Session

Colorado Senate Bill SB115 Amended / Bill

Filed 04/05/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0336.01 Kristen Forrestal x4217
SENATE BILL 24-115
Senate Committees House Committees
Health & Human Services 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
HOUSE
Amended 2nd Reading
April 5, 2024
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 candidate17
may, 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 THREE20
years, the registration of the psychologist candidate expires and is not21
renewable unless the board, in its discretion, grants the candidate an22
extension. A person whose psychologist candidate registration expires is23
not precluded from applying for licensure or registration with any other24
mental health board for which the person is qualified IS SUBJECT TO THE25
RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE PROVISIONS SPECIFIED26
IN SECTION 12-20-202. PRIOR TO A SECOND OR SUBSEQUENT RENEWAL OF27
115
-3- A PSYCHOLOGIST CANDIDATE REGISTRATION , THE REGISTERED1
PSYCHOLOGIST CANDIDATE SHALL COMPLETE CONTINUING PROFESSIONAL2
DEVELOPMENT AND EDUCATIONAL HOURS TO MAINTAIN THE C ANDIDATE'S3
REGISTRATION AS A REGISTERED PSYCHOLOGIST CANDIDATE .4
(c)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN5
THE RULE-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE6
RULES PERTAINING TO PSYCHOLOGISTS INTO ALIGNMENT WITH THIS PART7
3,
 INCLUDING:8
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO9
JURISPRUDENCE EXAMINATION TO OBTAIN A PSYCHOLOGIST CANDIDATE10
REGISTRATION;11
(II)  THE RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE12
PROVISIONS SPECIFIED IN SECTION 12-20-202; AND13
(III) THE CONTINUING PROFESSIONAL DEVELOPMENT AND14
EDUCATIONAL HOURS SPECIFIED IN SUBSECTION (3)(b) OF THIS SECTION.15
SECTION 4. In Colorado Revised Statutes, 12-245-404, amend16
(1)(c), (3)(a), and (4)(b); repeal (4)(a)(II); and add (4)(a)(III) and (4)(c)17
as follows:18
12-245-404.  Qualifications - examination - licensure and19
registration - rules. (1)  The board shall license as a licensed social20
worker a person who files an application in a form and manner required21
by the board, submits the fee required by the board pursuant to section22
12-245-205, and submits evidence satisfactory to the board that the23
applicant:24
(c)  Demonstrates professional LEGAL AND ETHICAL competence25
by satisfactorily passing an examination in social work as prescribed by26
the board and a jurisprudence examination administered by the division.27
115
-4- (3) (a)  The board or its designated representative shall give the1
examination described in subsection (1)(c) of this section and in2
subsection (2)(d) of this section at least twice per year at a time and place3
and under the supervision determined by the board.4
(4) (a)  The board shall register as a clinical social worker5
candidate a person who files an application for registration, accompanied6
by the fee required by section 12-245-205, who is not in violation of any7
provision of this article 245 or any rules promulgated by the board, and8
who:9
(II)  Has not been previously registered as a clinical social worker10
candidate by the board.11
(III)  H
AS PASSED A JURISPRUDENCE EXAMINATION ADMINISTERED12
BY THE DIVISION.13
(b)  A clinical social worker candidate registered pursuant to this14
subsection (4) is under the jurisdiction of the board. If the requirements15
of subsections (2)(c) and (2)(d) of this section are not met within 
four16
THREE years after the date of registration as a candidate, the registration17
of the clinical social worker candidate expires and is not renewable unless18
the      board, in its discretion, grants the candidate an extension. A19
person whose clinical social worker candidate registration expires is not20
precluded from applying for licensure or registration with any other21
mental health board for which the person is qualified SUBJECT TO THE22
RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE PROVISIONS SPECIFIED23
IN SECTION 12-20-202. PRIOR TO A SECOND OR SUBSEQUENT RENEWAL OF24
A CLINICAL SOCIAL WORKER CANDIDATE REGISTRATION, THE REGISTERED25
CLINICAL SOCIAL WORKER CANDIDATE SHALL COMPLETE CONTINUING26
PROFESSIONAL DEVELOPMENT AND EDUCATIONAL HOURS TO MAINTAIN27
115
-5- THE CANDIDATE'S REGISTRATION AS A REGISTERED CLINICAL SOCIAL1
WORKER CANDIDATE.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 SOCIAL WORKERS INTO ALIGNMENT WITH THIS PART5
4,
 INCLUDING:6
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO7
JURISPRUDENCE EXAMINATION TO OBTAIN A CLINICAL SOCIAL WORKER8
CANDIDATE REGISTRATION;9
(II) THE RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE10
PROVISIONS SPECIFIED IN SECTION 12-20-202; AND11
(III) THE CONTINUING PROFESSIONAL DEVELOPMENT AND12
EDUCATIONAL HOURS SPECIFIED IN SUBSECTION (4)(b) OF THIS SECTION.13
SECTION 5. In Colorado Revised Statutes, amend 12-245-40814
as follows:15
12-245-408.  Clinical social work practice of psychotherapy.16
For the purpose of licensure, the practice, under this part 4, of17
psychotherapy and other clinical activities within the definition of social18
work practice in section 12-245-403 is limited to licensed clinical social19
workers or licensed social workers 
AND CLINICAL SOCIAL WORKER
20
CANDIDATES supervised in accordance with section 12-245-404 (2)(c).21
SECTION 6. In Colorado Revised Statutes, 12-245-504, amend22
(4)(c); repeal (4)(a)(III); and add (4)(a)(IV) and (4)(d) as follows:23
12-245-504.  Qualifications - examination - licensure and24
registration. (4) (a)  The board shall register as a marriage and family25
therapist candidate a person who:26
(III)  Has not been previously registered as a marriage and family27
115
-6- therapist candidate by the board.1
(IV)  H
AS PASSED A JURISPRUDENCE EXAMINATION ADMINISTERED2
BY THE DIVISION.3
(c)  If a candidate does not meet the requirements of subsections
4
(1)(d) and (1)(e) SUBSECTION (1)(d) of this section within four THREE5
years after initial registration, the candidate's registration expires and is6
not renewable, unless the board, in its discretion, grants the candidate an7
extension. A person whose marriage and family therapist candidate8
registration expires is not precluded from applying to this board to or any9
other board for licensure or registration in a mental health profession for10
which the person is qualified IS SUBJECT TO THE RENEWAL,11
REINSTATEMENT, AND DELINQUENCY FEE PROVISIONS SPECIFIED IN12
SECTION 12-20-202. PRIOR TO A SECOND OR SUBSEQUENT RENEWAL OF A13
MARRIAGE AND FAMILY THERAPIST CANDIDATE REGISTRATION, THE14
REGISTERED MARRIAGE AND FAMILY THERAPIST CANDIDATE SHALL15
COMPLETE CONTINUING PROFESSIONAL DEVELOPMENT AND EDUCATIONAL16
HOURS TO MAINTAIN THE MARRIAGE AND FAMILY THERAPIST17
REGISTRATION AS A REGISTERED MARRIAGE AND FAMILY THERAPIST18
CANDIDATE.19
(d)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN20
THE RULE-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE21
RULES PERTAINING TO MARRIAGE AND FAMILY THERAPISTS INTO22
ALIGNMENT WITH THIS PART 5, INCLUDING:23
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO24
JURISPRUDENCE EXAMINATION TO OBTAIN A MARRIAGE AND FAMILY25
THERAPIST CANDIDATE REGISTRATION ;26
      (II)  THE RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE27
115
-7- PROVISIONS SPECIFIED IN SECTION 12-20-202; AND1
(III) THE CONTINUING PROFESSIONAL DEVELOPMENT AND2
EDUCATIONAL HOURS SPECIFIED IN SUBSECTION (4)(c) OF THIS SECTION.3
     4
SECTION 7. In Colorado Revised Statutes, 12-245-604, amend5
(1)(d), (4)(a)(II), and (4)(c); repeal (4)(a)(III); and add (4)(d) and (6) as6
follows:7
12-245-604.  Licensure - examination - licensed professional8
counselors. (1)  The board shall issue a license as a licensed professional9
counselor to each applicant who files an application in a form and manner10
required by the board, submits the fee required by the board pursuant to11
section 12-245-205, and furnishes evidence satisfactory to the board that12
the applicant:13
(d) (I)  Has at least two years of post-master's practice or one year14
of postdoctoral practice in licensed professional counseling under clinical15
supervision; and16
(II)  Has at least two thousand hours of practice in counseling,17
including at least one thousand five hundred hours of face-to-face direct18
client contact, 
OR PRACTICE PURSUANT TO SECTION 12-245-603, under19
clinical supervision that is in person or is telesupervision; and20
(III)  F
OR EACH ONE THOUSAND HOURS OF SUPERVISED PRACTICE21
IN PROFESSIONAL COUNSELING, HAS RECEIVED A MINIMUM OF FIFTY HOURS22
OF SUPERVISION. A MINIMUM OF TWENTY-FIVE OF THE FIFTY HOURS MUST23
BE INDIVIDUAL SUPERVISION, WHICH MAY BE IN PERSON OR THROUGH24
TELESUPERVISION. THE REMAINING TWENTY-FIVE OF THE FIFTY HOURS OF
25
SUPERVISION EARNED MAY BE EITHER TRIADIC SUPERVISION OR GROUP26
SUPERVISION WITH A MAXIMUM RATIO OF ONE SUPERVISOR TO TEN27
115
-8- SUPERVISEES. NO OTHER MODES OF SUPERVISION WILL BE ACCEPTED .1
(4) (a)  The board shall register as a licensed professional2
counselor candidate a person who:3
(II) Submits evidence satisfactory to the board that the person4
meets the requirements of subsections (1)(a), (1)(b), and (1)(c) of this5
section and 
HAS PASSED A JURISPRUDENCE EXAMINATION ADMINISTERED6
BY THE 
DIVISION.7
     8
(III)  Has not been previously registered as a licensed professional9
counselor candidate by the board.10
      (c)  If a candidate does not meet the requirements of11
subsections (1)(d) and (1)(e) of this section within four THREE years after12
initial registration, the candidate's registration expires and is not13
renewable, unless the board, in its discretion, grants the candidate an14
extension. A person whose licensed professional counselor candidate15
registration expires is not precluded from applying to this board or to any16
other board for licensure or registration in a mental health profession for17
which the person is qualified IS SUBJECT TO THE RENEWAL, EXPIRATION,18
REINSTATEMENT, AND DELINQUENCY FEE PROVISIONS SPECIFIED IN19
SECTION 12-20-202. PRIOR TO A SECOND OR SUBSEQUENT RENEWAL OF A20
CANDIDATE REGISTRATION, THE REGISTERED LICENSED PROFESSIONAL21
COUNSELOR CANDIDATE SHALL COMPLETE CONTINUING PROFESSIONAL22
COMPETENCY HOURS TO MAINTAIN THEIR REGISTRATION AS A REGISTERED23
LICENSED PROFESSIONAL COUNSELOR CANDIDATE .24
(d)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN25
THE RULE-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE26
RULES PERTAINING TO LICENSED PROFESSIONAL COUNSELORS INTO27
115
-9- ALIGNMENT WITH THIS PART 6, INCLUDING:1
(I)  A
LLOWANCE OF A LICENSED PROFESSIONAL COUNSELOR2
CANDIDATE TO RENEW A LICENSED PROFESSIONAL COUNSELOR CANDIDATE3
REGISTRATION FOR FOUR YEARS IF THE CANDIDATE SUBMITS AN4
APPLICATION FOR RENEWAL TO THE BOARD BEFORE THE EXPIRATION DATE5
OF THE CURRENT LICENSED PROFESSIONAL COUNSELOR CANDIDATE6
REGISTRATION; 
     7
(II) THE RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE8
PROVISIONS SPECIFIED IN SECTION 12-20-202;9
(III) ALLOWANCE OF A PERSON WHILE IN THE FINAL SEMESTER OF10
A MASTER'S OR DOCTORAL DEGREE IN PROFESSIONAL COUNSELING FROM11
AN ACCREDITED SCHOOL, COLLEGE, OR EQUIVALENT PROGRAM TO12
PRACTICE IN ACCORDANCE WITH SECTION 12-245-217 (2)(g) AFTER THE13
PERSON'S PRACTICUM AND INTERNSHIP IS COMPLETED ; AND14
(IV)  THE CONTINUING PROFESSIONAL COMP ETENCY15
REQUIREMENTS SPECIFIED IN SUBSECTION (4)(c) OF THIS SECTION.16
SECTION 8. In Colorado Revised Statutes, 12-245-804, amend17
(3.7) as follows:18
12-245-804.  Requirements for licensure, certification, and19
registration - rules. (3.7) (a)  The board shall register as an addiction20
counselor candidate a person who files an application for registration,21
accompanied by the fee required by section 12-245-205, who is not in22
violation of any provision of this article 245 or any rules promulgated by23
the board, and who:24
(I)  Submits evidence satisfactory to the board that the person has25
met the requirements of subsections (1)(a), (1)(b), and (1)(c) of this26
section. and27
115
-10- (II)  Has not previously registered as an addiction counselor1
candidate with the board.2
(b) An addiction counselor candidate registered pursuant to this3
subsection (3.7) is under the jurisdiction of the board. If the requirements4
of subsections (1)(d) to (1)(g) of this section are not met within four5
THREE years after the date of registration as a candidate or within one year6
if the candidate holds an equivalent credential from another state, the7
registration of the addiction counselor candidate expires and is not8
renewable unless the board, in its discretion, grants the candidate an9
extension. A person whose addiction counselor candidate registration10
expires is not precluded from applying for licensure or registration with11
any other mental health board for which the person is qualified IS SUBJECT12
TO THE RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE PROVISIONS13
SPECIFIED IN SECTION 12-20-202. PRIOR TO A SECOND OR SUBSEQUENT14
RENEWAL OF AN ADDICTION COUNSELOR CANDIDATE REGISTRATION, THE15
REGISTERED ADDICTION COUNSELOR CANDIDATE SHALL COMPLETE16
CONTINUING PROFESSIONAL COMPETENCY HOURS TO MAINTAIN THE17
REGISTERED ADDICTION COUNSELOR 'S REGISTRATION AS A REGISTERED18
ADDICTION COUNSELOR CANDIDATE .19
(c)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN20
THE RULE-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE21
RULES PERTAINING TO ADDICTION COUNSELORS INTO ALIGNMENT WITH22
THIS PART 8, INCLUDING:23
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO24
JURISPRUDENCE EXAMINATION TO OBTAIN AN ADDICTION COUNSELOR25
CANDIDATE REGISTRATION;26
(II) THE RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE27
115
-11- PROVISIONS SPECIFIED IN SECTION 12-20-202; AND1
(III)  THE CONTINUING PROFESSIONAL COMP ETENCY2
REQUIREMENTS SPECIFIED IN SUBSECTION (3.7)(b) OF THIS SECTION.3
SECTION 9. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2024 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
115
-12-