Colorado 2024 Regular Session

Colorado Senate Bill SB115 Latest Draft

Bill / Enrolled Version Filed 04/23/2024

                            SENATE BILL 24-115
BY SENATOR(S) Michaelson Jenet and Smallwood, Bridges, Cutter,
Danielson, Fields, Jaquez Lewis, Priola;
also REPRESENTATIVE(S) Young and Sirota, Amabile, Boesenecker,
Brown, deGruy Kennedy, Epps, Froelich, Garcia, Hernandez, Herod, Jodeh,
Kipp, Lindsay, Mabrey, Mauro, Rutinel, Story, Velasco, McCluskie.
C
ONCERNING REQUIREMENTS TO PRACTICE AS A MENTAL HEALTH
PROFESSIONAL
.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-245-216, repeal
(1)(b)(I) as follows:
12-245-216.  Mandatory disclosure of information to clients.
(1)  Except as otherwise provided in subsection (4) of this section, every
licensee, registrant, or certificate holder shall provide the following
information in writing to each client during the initial client contact:
(b) (I)  An explanation of the levels of regulation applicable to
mental health professionals under this article 245 and the differences
between licensure, registration, and certification, including the educational,
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. experience, and training requirements applicable to the particular level of
regulation; and
SECTION 2. In Colorado Revised Statutes, 12-245-232, add (3) as
follows:
12-245-232.  Minimum standards for testing. (3)  T
HE TESTING
REQUIRED PURSUANT TO THIS SECTION MAY BE ADMINISTERED BY A
QUALIFIED PSYCHOMETRICIAN OR STUDENT TRAINEE WORKING UNDER THE
DIRECT SUPERVISION OF A LICENSEE WHO MEETS THE REQUIREMENTS IN THIS
SECTION
.
SECTION 3. In Colorado Revised Statutes, 12-245-304, amend
(3)(b); repeal (3)(a)(II); and add (3)(a)(III) and (3)(c) as follows:
12-245-304.  Qualifications - examinations - licensure and
registration - rules. (3) (a)  The board shall register as a psychologist
candidate a person who files an application for registration, accompanied
by the fee required by section 12-245-205, and who:
(II)  Has not been previously registered as a psychologist candidate
by the board.
(III)  HAS PASSED A JURISPRUDENCE EXAMINATION ADMINISTERED BY
THE DIVISION
.
(b)  A psychologist candidate registered pursuant to this subsection
(3) is under the jurisdiction of the board. The psychologist candidate may,but is not required to, register with the database of unlicensed
psychotherapists pursuant to section 12-245-703. If the requirements of
subsections (1)(d) and (1)(e) of this section are not met within four THREE
years, the registration of the psychologist candidate expires and is not
renewable unless the board, in its discretion, grants the candidate an
extension. A person whose psychologist candidate registration expires is not
precluded from applying for licensure or registration with any other mental
health board for which the person is qualified IS SUBJECT TO THE RENEWAL,
REINSTATEMENT, AND DELINQUENCY FEE PROVISIONS SPECIFIED IN SECTION
12-20-202. PRIOR TO A SECOND OR SUBSEQUENT RENEWAL OF A
PSYCHOLOGIST CANDIDATE REGISTRATION
, THE REGISTERED PSYCHOLOGIST
CANDIDATE SHALL COMPLETE CONTINUING PROFESSIONAL DEVELOPMENT
PAGE 2-SENATE BILL 24-115 AND EDUCATIONAL HOURS TO MAINTAIN THE CANDIDATE	'S REGISTRATION AS
A REGISTERED PSYCHOLOGIST CANDIDATE
.
(c)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN
THE RULE
-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE RULES
PERTAINING TO PSYCHOLOGISTS INTO ALIGNMENT WITH THIS PART 
3,
INCLUDING:
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO
JURISPRUDENCE EXAMINATION TO OBTAIN A PSYCHOLOGIST CANDIDATE
REGISTRATION
;
(II)  T
HE RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE
PROVISIONS SPECIFIED IN SECTION 
12-20-202; AND
(III)  THE CONTINUING PROFESSIONAL DEVELOPMENT AND
EDUCATIONAL HOURS SPECIFIED IN SUBSECTION
 (3)(b) OF THIS SECTION.
SECTION 4. In Colorado Revised Statutes, 12-245-404, amend
(1)(c), (3)(a), and (4)(b); repeal (4)(a)(II); and add (4)(a)(III) and (4)(c) as
follows:
12-245-404.  Qualifications - examination - licensure and
registration - rules. (1)  The board shall license as a licensed social worker
a person who files an application in a form and manner required by the
board, submits the fee required by the board pursuant to section
12-245-205, and submits evidence satisfactory to the board that the
applicant:
(c)  Demonstrates professional
 LEGAL AND ETHICAL competence by
satisfactorily passing an examination in social work as prescribed by the
board and a jurisprudence examination administered by the division.
(3) (a)  The board or its designated representative shall give the
examination described in subsection (1)(c) of this section and in subsection
(2)(d) of this section at least twice per year at a time and place and under the
supervision determined by the board.
(4) (a)  The board shall register as a clinical social worker candidate
a person who files an application for registration, accompanied by the fee
PAGE 3-SENATE BILL 24-115 required by section 12-245-205, who is not in violation of any provision of
this article 245 or any rules promulgated by the board, and who:
(II)  Has not been previously registered as a clinical social worker
candidate by the board.
(III)  HAS PASSED A JURISPRUDENCE EXAMINATION ADMINISTERED BY
THE DIVISION
.
(b)  A clinical social worker candidate registered pursuant to this
subsection (4) is under the jurisdiction of the board. If the requirements of
subsections (2)(c) and (2)(d) of this section are not met within four
 THREE
years after the date of registration as a candidate, the registration of the	clinical social worker candidate expires and is not renewable unless the
board, in its discretion, grants the candidate an extension. A person whose
clinical social worker candidate registration expires is not precluded from
applying for licensure or registration with any other mental health board for
which the person is qualified SUBJECT TO THE RENEWAL, REINSTATEMENT,
AND DELINQUENCY FEE PROVISIONS SPECIFIED IN SECTION 12-20-202. PRIOR
TO A SECOND OR SUBSEQUENT RENEWAL OF A CLINICAL SOCIAL WORKER
CANDIDATE REGISTRATION
, THE REGISTERED CLINICAL SOCIAL WORKER
CANDIDATE SHALL COMPLETE CONTINUING PROFESSIONAL DEVELOPMENT
AND EDUCATIONAL HOURS TO MAINTAIN THE C ANDIDATE
'S REGISTRATION AS
A REGISTERED CLINICAL SOCIAL WORKER CANDIDATE
.
(c)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN
THE RULE
-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE RULES
PERTAINING TO SOCIAL WORKERS INTO ALIGNMENT WITH THIS PART 
4,
INCLUDING:
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO
JURISPRUDENCE EXAMINATION TO OBTAIN A CLINICAL SOCIAL WORKER
CANDIDATE REGISTRATION
;
(II)  T
HE RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE
PROVISIONS SPECIFIED IN SECTION 
12-20-202; AND
(III)  THE CONTINUING PROFESSIONAL DEVELOPMENT AND
EDUCATIONAL HOURS SPECIFIED IN SUBSECTION
 (4)(b) OF THIS SECTION.
PAGE 4-SENATE BILL 24-115 SECTION 5. In Colorado Revised Statutes, amend 12-245-408 as
follows:
12-245-408.  Clinical social work practice of psychotherapy. For
the purpose of licensure, the practice, under this part 4, of psychotherapy
and other clinical activities within the definition of social work practice in
section 12-245-403 is limited to licensed clinical social workers or licensed
social workers 
AND CLINICAL SOCIAL WORKER CANDIDATES supervised in
accordance with section 12-245-404 (2)(c).
SECTION 6. In Colorado Revised Statutes, 12-245-504, amend
(4)(c); repeal (4)(a)(III); and add (4)(a)(IV) and (4)(d) as follows:
12-245-504.  Qualifications - examination - licensure and
registration. (4) (a)  The board shall register as a marriage and family
therapist candidate a person who:
(III)  Has not been previously registered as a marriage and familytherapist candidate by the board.
(IV)  HAS PASSED A JURISPRUDENCE EXAMINATION ADMINISTERED BY
THE DIVISION
.
(c)  If a candidate does not meet the requirements of subsections(1)(d) and (1)(e) SUBSECTION (1)(d) of this section within four THREE years
after initial registration, the candidate's registration expires and is not
renewable, unless the board, in its discretion, grants the candidate an
extension. A person whose marriage and family therapist candidate
registration expires is not precluded from applying to this board or to any
other board for licensure or registration in a mental health profession for
which the person is qualified IS SUBJECT TO THE RENEWAL, REINSTATEMENT,
AND DELINQUENCY FEE PROVISIONS SPECIFIED IN SECTION 12-20-202. PRIOR
TO A SECOND OR SUBSEQUENT RENEWAL OF A MARRIAGE AND FAMILY
THERAPIST CANDIDATE REGISTRATION
, THE REGISTERED MARRIAGE AND
FAMILY THERAPIST CANDIDATE SHALL COMPLETE CONTINUING
PROFESSIONAL DEVELOPMENT AND EDUCATIONAL HOURS TO MAINTAIN THE
MARRIAGE AND FAMILY THERAPIST REGISTRATION AS A REGISTERED
MARRIAGE AND FAMILY THERAPIST CANDIDATE
.
(d)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN
PAGE 5-SENATE BILL 24-115 THE RULE-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE RULES
PERTAINING TO MARRIAGE AND FAMILY THERAPISTS INTO ALIGNMENT WITH
THIS PART 
5, INCLUDING:
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO
JURISPRUDENCE EXAMINATION TO OBTAIN A MARRIAGE AND FAMILY
THERAPIST CANDIDATE REGISTRATION
;
(II)  T
HE RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE
PROVISIONS SPECIFIED IN SECTION 
12-20-202; AND
(III)  THE CONTINUING PROFESSIONAL DEVELOPMENT AND
EDUCATIONAL HOURS SPECIFIED IN SUBSECTION
 (4)(c) OF THIS SECTION.
SECTION 7. In Colorado Revised Statutes, 12-245-604, amend
(1)(d), (4)(a)(II), and (4)(c); repeal (4)(a)(III); and add (4)(d) as follows:
12-245-604.  Licensure - examination - licensed professional
counselors. (1)  The board shall issue a license as a licensed professional
counselor to each applicant who files an application in a form and manner
required by the board, submits the fee required by the board pursuant to
section 12-245-205, and furnishes evidence satisfactory to the board that the
applicant:
(d) (I)  Has at least two years of post-master's practice or one year of
postdoctoral practice in licensed professional counseling under clinical
supervision; and
(II)  Has at least two thousand hours of practice in counseling,
including at least one thousand five hundred hours of face-to-face direct
client contact, 
OR PRACTICE PURSUANT TO SECTION 12-245-603, under
clinical supervision that is in person or is telesupervision; and
(III)  F
OR EACH ONE THOUSAND HOURS OF SUPERVISED PRACTICE IN
PROFESSIONAL COUNSELING
, HAS RECEIVED A MINIMUM OF FIFTY HOURS OF
SUPERVISION
. A MINIMUM OF TWENTY-FIVE OF THE FIFTY HOURS MUST BE
INDIVIDUAL SUPERVISION
, WHICH MAY BE IN PERSON OR THROUGH
TELESUPERVISION
. THE REMAINING TWENTY-FIVE OF THE FIFTY HOURS OF
SUPERVISION EARNED MAY BE EITHER TRIADIC SUPERVISION OR GROUP
SUPERVISION WITH A MAXIMUM RATIO OF ONE SUPERVISOR TO TEN
PAGE 6-SENATE BILL 24-115 SUPERVISEES. NO OTHER MODES OF SUPERVISION WILL BE ACCEPTED .
(4) (a)  The board shall register as a licensed professional counselor
candidate a person who:
(II)  Submits evidence satisfactory to the board that the person meets
the requirements of subsections (1)(a), (1)(b), and (1)(c) of this section and
HAS PASSED A JURISPRUDENCE EXAMINATION ADMINISTERED BY THE
DIVISION
.
(III)  Has not been previously registered as a licensed professional
counselor candidate by the board.
(c)  If a candidate does not meet the requirements of subsections
(1)(d) and (1)(e) of this section within four THREE years after initial
registration, the candidate's registration expires and is not renewable, unless
the board, in its discretion, grants the candidate an extension. A person
whose licensed professional counselor candidate registration expires is not
precluded from applying to this board or to any other board for licensure or
registration in a mental health profession for which the person is qualified
IS SUBJECT TO THE RENEWAL , EXPIRATION, REINSTATEMENT, AND
DELINQUENCY FEE PROVISIONS SPECIFIED IN SECTION 
12-20-202. PRIOR TO
A SECOND OR SUBSEQUENT RENEWAL OF A CANDIDATE REGISTRATION
, THE
REGISTERED LICENSED PROFESSIONAL COUNSELOR CANDIDATE SHALL
COMPLETE CONTINUING PROFESSIONAL COMPETENCY HOURS TO MAINTAIN
THEIR REGISTRATION AS A REGISTERED LICENSED PROFESSIONAL COUNSELOR
CANDIDATE
.
(d)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN
THE RULE
-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE RULES
PERTAINING TO LICENSED PROFESSIONAL COUNSELORS INTO ALIGNMENT
WITH THIS PART 
6, INCLUDING:
(I)  A
LLOWANCE OF A LICENSED PROFESSIONAL COUNSELOR
CANDIDATE TO RENEW A LICENSED PROFESSIONAL COUNSELOR CANDIDATE
REGISTRATION FOR FOUR YEARS IF THE CANDIDATE SUBMITS AN APPLICATION
FOR RENEWAL TO THE BOARD BEFORE THE EXPIRATION DATE OF THE
CURRENT LICENSED PROFESSIONAL COUNSELOR CANDIDATE REGISTRATION
;
(II)  T
HE RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE
PAGE 7-SENATE BILL 24-115 PROVISIONS SPECIFIED IN SECTION 12-20-202;
(III)  A
LLOWANCE OF A PERSON WHILE IN THE FINAL SEMESTER OF A
MASTER
'S OR DOCTORAL DEGREE IN PROFESSIONAL COUNSELING FROM AN
ACCREDITED SCHOOL
, COLLEGE, OR EQUIVALENT PROGRAM TO PRACTICE IN
ACCORDANCE WITH SECTION 
12-245-217 (2)(g) AFTER THE PERSON'S
PRACTICUM AND INTERNSHIP ARE COMPLETED
; AND
(IV)  THE CONTINUING PROFESSIONAL COMPETENCY REQUIREMENTS
SPECIFIED IN SUBSECTION
 (4)(c) OF THIS SECTION.
SECTION 8. In Colorado Revised Statutes, 12-245-804, amend
(3.7) as follows:
12-245-804.  Requirements for licensure, certification, and
registration - rules. (3.7) (a)  The board shall register as an addiction
counselor candidate a person who files an application for registration,
accompanied by the fee required by section 12-245-205, who is not in
violation of any provision of this article 245 or any rules promulgated by the
board, and who:
(I)  Submits evidence satisfactory to the board that the person has
met the requirements of subsections (1)(a), (1)(b), and (1)(c) of this section.
and
(II)  Has not previously registered as an addiction counselor
candidate with the board.
(b)  An addiction counselor candidate registered pursuant to this
subsection (3.7) is under the jurisdiction of the board. If the requirements
of subsections (1)(d) to (1)(g) of this section are not met within four
 THREE
years after the date of registration as a candidate or within one year if the	candidate holds an equivalent credential from another state, the registration	of the addiction counselor candidate expires and is not renewable unless the
board, in its discretion, grants the candidate an extension. A person whose
addiction counselor candidate registration expires is not precluded from
applying for licensure or registration with any other mental health board for
which the person is qualified IS SUBJECT TO THE RENEWAL, REINSTATEMENT,
AND DELINQUENCY FEE PROVISIONS SPECIFIED IN SECTION 12-20-202. PRIOR
TO A SECOND OR SUBSEQUENT RENEWAL OF AN ADDICTION C OUNSELOR
PAGE 8-SENATE BILL 24-115 CANDIDATE REGISTRATION , THE REGISTERED ADDICTION COUNSELOR
CANDIDATE SHALL COMPLETE CONTINUING PROFESSIONAL COMPETENCY
HOURS TO MAINTAIN THE REGISTERED ADDICTION COUNSELOR
'S
REGISTRATION AS A REGISTERED ADDICTION COUNSELOR CANDIDATE
.
(c)  O
N OR BEFORE DECEMBER 31, 2024, THE BOARD SHALL BEGIN
THE RULE
-MAKING PROCESS TO PROMULGATE RULES THAT BRING THE RULES
PERTAINING TO ADDICTION COUNSELORS INTO ALIGNMENT WITH THIS PART
8, INCLUDING:
(I)  A
 REQUIREMENT TO TAKE AND PASS THE COLORADO
JURISPRUDENCE EXAMINATION TO OBTAIN AN ADDICTION COUNSELOR
CANDIDATE REGISTRATION
;
(II)  T
HE RENEWAL, REINSTATEMENT, AND DELINQUENCY FEE
PROVISIONS SPECIFIED IN SECTION 
12-20-202; AND
(III)  THE CONTINUING PROFESSIONAL COMPETENCY REQUIREMENTS
SPECIFIED IN SUBSECTION
 (3.7)(b) OF THIS SECTION.
SECTION 9. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 9-SENATE BILL 24-115 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 10-SENATE BILL 24-115