State Board of Licensed Professional Counselors

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Questions and Answers

What action will the Board take when there is evidence of unlicensed practice?

  • Implement a training program for the accused
  • Issue a formal reprimand to the counselor
  • Issue a Cease and Desist Order (correct)
  • Notify the complainant for further input

Which of the following statements is true regarding the Board's review process for complaints?

  • The Board reviews each complaint on a case-by-case basis. (correct)
  • The Board only reviews complaints from registered counselors.
  • The Board must wait for all responses before starting their review.
  • Complaints are prioritized based on their severity.

What is the consequence of failing to respond to a board complaint?

  • Legal action will be initiated immediately.
  • An extension for the response will be granted.
  • The complaint will be automatically dismissed.
  • It constitutes a violation of specific regulations. (correct)

What is the primary purpose of the State Board of Licensed Professional Counselor Examiners?

<p>To protect the public from unqualified and unauthorized practices. (A)</p> Signup and view all the answers

What type of order may the Board issue if unlicensed practice is confirmed?

<p>A Cease and Desist Order (A)</p> Signup and view all the answers

What is required for the Board to issue final agency orders on behalf of Initial Decisions Upon Default?

<p>No exceptions must be filed on behalf of either party. (A)</p> Signup and view all the answers

Who has the authority to determine non-substantive procedural matters related to Initial Decisions?

<p>The Board Chair with the Board's approval (D)</p> Signup and view all the answers

What constitutes an administrative dismissal of a complaint?

<p>The complaint is involved in monetary disputes only. (A), The complaint lacks sufficient information to start a case. (D)</p> Signup and view all the answers

What must happen if a complaint includes multiple allegations, not all of which are jurisdictional?

<p>The complaint will be presented for Board review. (C)</p> Signup and view all the answers

What authority does the Board Chair have regarding meetings?

<p>To call meetings after consulting with the Board. (D)</p> Signup and view all the answers

Where is the office of the Board located?

<p>In Denver, Colorado (A)</p> Signup and view all the answers

What is the timeframe for the Board's regular meetings each year?

<p>Ending on June 30th (A)</p> Signup and view all the answers

Under what circumstances does the Program Director allow complainants to present additional information?

<p>Before administrative dismissal is finalized. (C)</p> Signup and view all the answers

What is the first step in the process for veteran applications for the Licensed Professional Counselor Examiner license?

<p>Delegated evaluation by the Program Director or delegate (C)</p> Signup and view all the answers

If a veteran applicant does not meet the Licensed Professional Counselor Examiner requirements, what may they be directed toward?

<p>Programs to obtain education, training, and/or experience (C)</p> Signup and view all the answers

What is required for veteran applicants seeking reciprocity as Licensed Professional Counselor Examiners licensed in other states?

<p>Following licensure by endorsement (C)</p> Signup and view all the answers

What is the maximum number of extensions that can be granted for LPCC requests?

<p>One extension (A)</p> Signup and view all the answers

What must happen for a LPCC extension request to be approved?

<p>It must be made prior to the expiration date (A)</p> Signup and view all the answers

Who maintains final ratifying authority on all licensees?

<p>The Board of Licensed Professional Counselors (A)</p> Signup and view all the answers

Which examination is available to all qualified applicants?

<p>Licensed Professional Counselor national examination (A)</p> Signup and view all the answers

What is a requirement for an LPCC extension request to be ratified?

<p>Ratification at the next available meeting (A)</p> Signup and view all the answers

What is an essential factor to consider before conducting therapy through electronic means?

<p>The nature of the therapeutic relationship (B)</p> Signup and view all the answers

Which of the following is NOT a requirement for ensuring proper disclosure with clients?

<p>Details regarding the counselor's qualifications (A)</p> Signup and view all the answers

What is one factor the Board considers when determining actions against unlicensed practice?

<p>Nature of the unlicensed practice (A)</p> Signup and view all the answers

What should clients be made aware of regarding therapy conducted via technological means?

<p>Insurance coverage for these services may be limited (B)</p> Signup and view all the answers

In cases presenting imminent risk, who can issue a Cease and Desist Order?

<p>The Program Director or designee (C)</p> Signup and view all the answers

When delivering psychotherapy electronically, which challenge is NOT commonly faced?

<p>Providing immediate physical support (D)</p> Signup and view all the answers

What is necessary for maintaining security in electronic communication?

<p>Knowledge of backup systems and firewalls (B)</p> Signup and view all the answers

Which of the following is NOT considered by the Board when addressing unlicensed practice?

<p>Public opinion on the practice (D)</p> Signup and view all the answers

What constitutes 'imminent risk or harm' according to the policy?

<p>An impending or immediate chance of injury (C)</p> Signup and view all the answers

Which of the following methods can help cope with the lack of visual cues in electronic therapy?

<p>Employing active listening techniques (C)</p> Signup and view all the answers

What should a therapist do if a technology failure occurs during a session?

<p>Provide procedures for alternative communication (D)</p> Signup and view all the answers

Which of the following scenarios can lead to criminal charges against an unlicensed person?

<p>Using false credentials to obtain a job (A)</p> Signup and view all the answers

What is one method the Board uses to enforce compliance with a Cease and Desist Order?

<p>Quarterly audits by the Division’s Office of Investigations (A)</p> Signup and view all the answers

Which action should therapists take regarding client treatment notes when utilizing electronic communications?

<p>Preserve and securely retain the notes upon request (C)</p> Signup and view all the answers

What is a relevant aggravator when assessing unlicensed practice?

<p>A previous history of similar violations (D)</p> Signup and view all the answers

What does the term 'fraud involving employment' refer to in this context?

<p>Misrepresentation of qualifications to secure a job (C)</p> Signup and view all the answers

What is a primary goal of the Board regarding teletherapy?

<p>To ensure client access to teletherapy while maintaining care standards (D)</p> Signup and view all the answers

Which of the following is NOT mentioned as an expectation from providers practicing teletherapy?

<p>Replace all in-person consultations with teletherapy (D)</p> Signup and view all the answers

What concern does the Board emphasize regarding the transition to teletherapy?

<p>Client safety during electronic interactions (C)</p> Signup and view all the answers

What do the guidelines developed by the Board aim to accomplish?

<p>Educate addiction counselors on the use of teletherapy technologies (D)</p> Signup and view all the answers

Which of the following is true regarding the generally accepted standards of practice for teletherapy as per the Board?

<p>They remain unchanged despite the use of technology (D)</p> Signup and view all the answers

What is one of the responsibilities providers have while using teletherapy technologies?

<p>Protect client confidentiality at all times (A)</p> Signup and view all the answers

Which statement best reflects the Board's stance on the delivery method of counseling services?

<p>Teletherapy is one of the acceptable methods of service delivery (D)</p> Signup and view all the answers

What does the Board require from providers regarding the supervision of registrants?

<p>Providers should properly supervise registrants as defined by law (B)</p> Signup and view all the answers

Flashcards

Final Agency Orders on Default

The board can issue final orders if no exceptions are filed after an Initial Decision. This means there is no legal challenge to the decision and it becomes official.

Non-Substantive Procedural Matters

These are issues that don't affect the core of a case, like typos or formatting errors in documents. The Board Chair can decide how to handle them.

Preliminary Application Review

The board checks if applications meet basic requirements before further review. It's like a first check to see if you pass the initial screening.

Administrative Dismissal

The board dismisses a complaint without full review if it's not within their jurisdiction - meaning they can't handle it. It's like when a store can't help you with a problem.

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Board Jurisdiction

The board has the authority to handle complaints related to the Mental Health Practice Act and its violation. They can't handle general disputes.

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Board Meetings

The board holds regular meetings and can call special meetings if needed. The meetings are part of how they make decisions.

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Board Operations

This policy outlines how the board is organized and functions, covering meetings, location, and procedures. It's a guide for how they work.

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Purpose of the Board

The policy's objective is to define the structure, procedures, and policies that govern the board's operation.

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Unlicensed Practice Complaint Process

The process the State Board of Licensed Professional Counselor Examiners follows when dealing with complaints of unlicensed practice of professional counseling in Colorado.

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Board's Role in Unlicensed Practice Complaints

The Board reviews complaints, investigates potential violations, and determines if sufficient evidence exists to support a finding of unlicensed practice.

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Cease and Desist Order

An order issued by the Board to someone practicing counseling without a license, requiring them to stop their practice immediately.

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Referral to Attorney General

The Board can refer a case of unlicensed practice to the Office of the Attorney General for potential legal action, including injunctive proceedings.

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Failure to Respond to Complaint

Not responding to a complaint filed with the Board regarding unlicensed practice violates Colorado law (CRS § 12-43-222(1)(x)).

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What does the board consider when deciding the appropriate action?

The board assesses factors like the nature and recency of the unlicensed practice, risk to the public, prior history, aggravating and mitigating circumstances, and whether the practice constitutes a crime.

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When is a Cease and Desist Order issued?

A Cease and Desist Order is issued when there's an imminent risk or harm to the public, based on credible allegations like reports from employers, law enforcement, or the individual themselves.

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What grounds justify a Cease and Desist Order?

The grounds include credible allegations of unlicensed practice, criminal charges related to unlicensed practice or impersonation, and fraud involving false credentials.

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What is 'imminent risk or harm' in the context of unlicensed practice?

It refers to an immediate or impending chance of injury, loss, or damage caused by unlicensed practice, making it a critical factor for issuing a Cease and Desist Order.

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How does the board enforce Cease and Desist Orders?

The board enforces the orders through quarterly audits conducted by the Division's Office of Investigations to ensure compliance.

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Who can issue a Cease and Desist Order in urgent situations?

The Program Director or designee, in consultation with the Board President, Vice-President, or Chair, has the authority to issue a Cease and Desist Order when there's imminent risk or harm to the public.

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What is the purpose of the Board's policies?

The policies outline the Board's structure, procedures, and policies, ensuring its efficient operation and compliance with relevant regulations.

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What are some of the Board's responsibilities?

The Board's responsibilities include overseeing the regulation of licensed professionals, investigating complaints, and taking disciplinary action when necessary.

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Veteran Applicants

Individuals seeking Licensed Professional Counselor Examiner (LPCC) licensure who have prior military service.

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LPCC Examiner Requirements

Specific qualifications and criteria outlined in the Board Rules and Regulations that veteran applicants must meet to be eligible for the LPCC examination.

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LPCC Licensure by Examination

The process by which veteran applicants who meet LPCC requirements can apply to the Board for licensure by passing the national examination.

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LPCC Extension Request

A request made by an LPCC candidate seeking an extension of their license before its expiration date.

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LPCC Extension Approval Process

The process by which the program director reviews and approves LPCC extension requests.

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LPCC Extension Approval Requirements

Criteria for LPCC extension approval include making the request before expiration and not having previous extensions granted.

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LPCC Reciprocity

The process by which LPCC applicants licensed in other states can obtain a license in Colorado without taking the national exam.

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Delegated Authority

The Board delegates the authority to evaluate veteran applications to the Program Director or their delegate.

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Teletherapy

Providing counseling or therapy services through electronic means like video calls, emails, or chats, connecting a provider and client in different physical locations.

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Board of Licensed Professional Counselor Examiners

The state organization responsible for regulating and overseeing licensed professional counselors in Colorado, ensuring ethical practice and protecting the public.

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Benefits of Teletherapy

Teletherapy can offer advantages like increased convenience and accessibility for clients, especially those in rural areas or with mobility limitations.

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Client Safety Concerns in Teletherapy

The Board must address potential risks to clients when therapy is delivered remotely, such as ensuring confidentiality and appropriate boundaries in online settings.

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Board's Commitment to Teletherapy

The Board aims to balance client access to teletherapy with responsible practice, providing guidelines for therapists to use these technologies effectively.

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Professionalism in Teletherapy

Therapists using teletherapy are expected to maintain high professional standards, including prioritizing client welfare, adhering to ethical codes, and ensuring confidentiality.

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Supervision in Teletherapy

Therapists using teletherapy are still required to provide appropriate supervision to trainees and other clinicians as per regulations.

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Protecting Client Confidentiality in Teletherapy

Therapists must ensure the privacy and security of client information when using electronic platforms for therapy, complying with data protection regulations.

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Verifying Client Identity

Ensuring the person you are communicating with online is actually who they claim to be, especially when dealing with minors.

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Alternative Communication Methods

Having backup plans in case technology fails during online therapy sessions.

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Addressing Visual Cues

Understanding how to communicate effectively online when you can't see the client's facial expressions or body language.

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Online Crisis Intervention

Knowing how to handle emergency situations when working with clients online, often requiring different approaches.

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Data Security and Encryption

Protecting client information and ensuring secure communication by using encryption and firewalls.

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Client Education on Security

Inform clients about the importance of secure communication practices and potential risks.

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Data Retention and Preservation

Having a system in place to store and keep client information securely for proper documentation and legal reasons.

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Online Therapy Coverage

Making clients aware that their health insurance might not cover therapy services provided online.

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Study Notes

Administrative

  • Delegation of authority is given to the Mental Health Program Director for monitoring reports, continuing education, and discipline.
  • Board approves continuing education coursework.
  • Board approves termination of stipulations that have completed their terms.
  • Board reviews requests for early termination of stipulations.
  • Board issues confidential letters of concern to licensees for practicing with an expired license for one year or less.
  • Board signs suspension orders as required by the Child Support Enforcement Program.
  • Board performs initial review of complaints and issues 30-day letters.
  • Board initiates complaints and issues 30-day letters to licensees in violation of Stipulations or Final Board Orders.
  • Board uses the Office of Investigations as needed.

Board Operations

  • Board holds regular meetings and additional meetings as necessary.
  • Chair and Director consult prior to calling meetings.
  • Chair informs Director of meeting, purpose, and related information.
  • Board may conduct meetings by phone or electronic means.
  • Quorum for business is four members; five members needed for executive session.
  • Board may refer to Roberts Rules of Order when needed.

Procedures for Investigations and Disposition of Inquiries

  • Inquiries against licensees, registrants, or certificants must be in writing.
  • Complainants may request their name be withheld from the public.
  • Oral inquiries may be handled informally, or the Board may request they be in writing.
  • Anonymous inquiries may be reviewed at the Board's discretion.
  • Voluntary surrender of a license by a licensee during investigation or disciplinary proceedings may result in discontinuation of the investigation or disciplinary proceedings if the licensee consents to a permanent injunction limiting or prohibiting practice.

Process for Managing Complaints of Unlicensed Practice

  • The Board will review each unlicensed practice complaint on a case-by-case basis to determine if sufficient evidence exists.
  • If unlicensed practice is found, the Board may issue a Cease and Desist Order and/or refer the matter to the Attorney General for injunctive proceedings.
  • The Board considers the nature, recency, risk to the public, and previous history of the unlicensed practice when determining appropriate action.

Continuing Professional Development Exemptions for Dually Licensed and/or Certified Individuals

  • Certain mental health professions must demonstrate continuing professional competence.
  • This is accomplished via participation in a Continuing Professional Development (CPD) program.
  • The CPD program requires a reflective assessment, learning plan, and 40 hours of professional development every two years.
  • Dually licensed individuals may have CPD hours double counted, depending on the type of licenses.

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