Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted 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 3rd Reading Unamended April 8, 2024 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, Amabile, Boesenecker, Brown, deGruy Kennedy, Epps, Froelich, Garcia, Hernandez, Herod, Jodeh, Kipp, Lindsay, Mabrey, Mauro, McCluskie, Rutinel, Story, Velasco 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-