Colorado Revised Statutes 2024 Title 12 - Mental Health PDF

1 Colorado Revised Statutes 2024 TITLE 12 PROFESSIONS AND OCCUPATIONS ARTICLE 245: MENTAL HEALTH Editor's note: This title 12 was repealed and reenacted, with rel...

1 Colorado Revised Statutes 2024 TITLE 12 PROFESSIONS AND OCCUPATIONS ARTICLE 245: MENTAL HEALTH Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 245 was numbered as article 43 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-table.pdf. Cross references: For practicing a profession or operating a business without a license, see § 16- 13-306; for rule-making procedures and license suspension and revocation procedures by state agencies, see article 4 of title 24; for an alternative disciplinary action for persons licensed, registered, or certified pursuant to this title 12, see § 24-34-106; for disposition of money collected under this title 12, see §§ 24-35-101 and 24-36-103. Law reviews: For article, "Nailing Jello to the Wall: Colorado Regulates Psychotherapists", see 19 Colo. Law. 71 (1990); for article, "Litigating Disputes Involving the Medical Marijuana Industry", see 41 Colo. Law. 103 (Aug. 2012); for article, "What's Your Plan? Examining Mental Health Experts in Family Law", see 52 Colo. Law. 34 (Jan.-Feb. 2023). Colorado Revised Statutes 2024 Uncertified Printout 2 PART 1 LEGISLATIVE DECLARATION 12-245-101. Legislative declaration. (1) The general assembly hereby finds and determines that, in order to safeguard the public health, safety, and welfare of the people of this state and in order to protect the people of this state against the unauthorized, unqualified, and improper application of psychology, social work, marriage and family therapy, professional counseling, psychotherapy, and addiction counseling, it is necessary that the proper regulatory authorities be established and adequately provided for. (2) The general assembly therefore declares that there shall be established a state board of psychologist examiners, a state board of social work examiners, a state board of marriage and family therapist examiners, a state board of licensed professional counselor examiners, a state board of unlicensed psychotherapists, and a state board of addiction counselor examiners with the authority to license, register, or certify, and take disciplinary actions or bring injunctive actions, or both, concerning licensed psychologists and psychologist candidates, licensed social workers and clinical social worker candidates, licensed marriage and family therapists and marriage and family therapist candidates, licensed professional counselors and licensed professional counselor candidates, unlicensed psychotherapists, and licensed and certified addiction counselors and addiction counselor candidates, respectively, and mental health professionals who have been issued a provisional license pursuant to this article 245. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1221, § 1, effective October 1. L. 2020: Entire section amended, (HB 20-1206), ch. 304, p. 1544, § 45, effective July 14. L. 2022: Entire section amended, (HB 22-1307), ch. 207, p. 1371, § 2, effective August 10. Editor's note: This section is similar to former § 12-43-101 as it existed prior to 2019. PART 2 GENERAL PROVISIONS 12-245-201. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 245. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1221, § 1, effective October 1. 12-245-202. Definitions. As used in this article 245, unless the context otherwise requires: (1) "Board" includes the state board of psychologist examiners, the state board of social work examiners, the state board of licensed professional counselor examiners, the state board of marriage and family therapist examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners. (2) "Certificate holder" means an addiction counselor certified pursuant to this article 245. Colorado Revised Statutes 2024 Uncertified Printout 3 (3) "Certified addiction counselor" means a person who is an addiction counselor certified pursuant to this article 245. (3.5) (a) "Conversion therapy" means any practice or treatment by a licensee, registrant, or certificate holder that attempts or purports to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex. (b) "Conversion therapy" does not include practices or treatments that provide: (I) Acceptance, support, and understanding for the facilitation of an individual's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek to change sexual orientation or gender identity; or (II) Assistance to a person undergoing gender transition. (4) "Dementia diseases and related disabilities" has the same meaning set forth in section 25-1- 502 (2.5). (5) "Licensed addiction counselor" means a person who is an addiction counselor licensed pursuant to this article 245. (6) "Licensed professional counselor" means a person who is a professional counselor licensed pursuant to this article 245. (7) "Licensed social worker" means a person who: (a) Is a licensed social worker or licensed clinical social worker; and (b) Is licensed pursuant to this article 245. (8) "Licensee" means a psychologist, social worker, clinical social worker, marriage and family therapist, licensed professional counselor, or addiction counselor licensed pursuant to this article 245. (9) "Marriage and family therapist" means a person who is a marriage and family therapist licensed pursuant to this article 245. (10) "Professional relationship" means an interaction that is deliberately planned or directed, or both, by the licensee, registrant, or certificate holder toward obtaining specific objectives. (11) "Provisional license" means a license or certification issued pursuant to section 12- 245-208. (12) "Provisional licensee" means a person who holds a provisional license pursuant to section 12-245-208. (13) "Psychologist" means a person who is a psychologist licensed pursuant to this article 245. (14) (a) "Psychotherapy" or "psychotherapy services" means the treatment, diagnosis, testing, assessment, or counseling in a professional relationship to assist individuals or groups to alleviate behavioral and mental health disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors that interfere with effective emotional, social, or intellectual functioning. Psychotherapy follows a planned procedure of intervention that takes place on a regular basis, over a period of time, or in the cases of testing, assessment, and brief psychotherapy, psychotherapy can be a single intervention. (b) It is the intent of the general assembly that the definition of psychotherapy as used in this article 245 be interpreted in its narrowest sense to regulate only those persons who clearly fall within the definition set forth in this subsection (14). Colorado Revised Statutes 2024 Uncertified Printout 4 (15) Repealed. (16) "Registrant" means a psychologist candidate, clinical social worker candidate, marriage and family therapist candidate, licensed professional counselor candidate, or addiction counselor candidate registered pursuant to section 12-245-304 (3), 12-245-404 (4), 12-245-504 (4), 12-245-604 (4), or 12-245-804 (3.7), respectively, or an unlicensed psychotherapist. (17) (a) "Unlicensed psychotherapist" means a person: (I) Whose primary practice is psychotherapy or who holds himself or herself out to the public as being able to practice psychotherapy for compensation; and (II) Who is registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703 to practice psychotherapy in this state. (b) "Unlicensed psychotherapist" also includes a person who: (I) Is a licensed school psychologist licensed pursuant to section 22-60.5-210 (1)(b); (II) Is practicing outside of a school setting; and (III) Is registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1221, § 1, effective October 1; (3.5) added, (HB 19-1129), ch. 378, p. 3411, § 7, effective October 1; (14)(a) amended, (HB 19-1120), ch. 197, p. 2150, § 6, effective October 1. L. 2020: (1) and (16) amended, (15) repealed, and (17) added, (HB 20-1206), ch. 304, p. 1545, § 46, effective July 14. L. 2022: (16) amended, (HB 22-1307), ch. 207, p. 1372, § 3, effective August 10. Editor's note: (1) This section is similar to former § 12-43-201 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in HB 19-1129. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1129, chapter 378, Session Laws of Colorado 2019. (b) Before its relocation in 2019, this section was amended in HB 19-1120. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 16, 2019, to October 1, 2019, see HB 19-1120, chapter 197, Session Laws of Colorado 2019. Cross references: For the legislative declaration in HB 19-1120, see section 1 of chapter 197, Session Laws of Colorado 2019. 12-245-203. Practice outside of or beyond professional training, experience, or competence - general scope of practice for licensure, registration, or certification. (1) Notwithstanding any other provision of this article 245, no licensee, registrant, or certificate holder is authorized to practice outside of or beyond the person's area of training, experience, or competence. (2) The practice of psychotherapy is one area of practice for mental health professionals licensed, certified, or registered pursuant to this article 245 but may not be the only or primary practice area of the professionals, other than persons registered as unlicensed psychotherapists pursuant to part 7 of this article 245. The requirements for licensure, registration, or certification Colorado Revised Statutes 2024 Uncertified Printout 5 as a mental health professional pursuant to this article 245 are contained in sections 12-245-303, 12-245-403, 12-245-503, 12-245-603, and 12-245-803, which define the practice of psychology, social work, marriage and family therapy, licensed professional counseling, and addiction counseling, respectively. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1223, § 1, effective October 1. L. 2020: (2) amended, (HB 20-1206), ch. 304, p. 1546, § 47, effective July 14. Editor's note: This section is similar to former § 12-43-202 as it existed prior to 2019. 12-245-203.5. Minors - consent for outpatient psychotherapy services - immunity - definition. (1) As used in this section, unless the context otherwise requires, "mental health professional" includes a professional person as defined in section 27-65-102 (27); a mental health professional licensed pursuant to part 3, 4, 5, 6, or 8 of this article 245; a licensed professional counselor candidate; a psychologist candidate; a clinical social worker candidate; a marriage and family therapist candidate; or an addiction counselor candidate. (2) (a) Notwithstanding any other provision of law, a mental health professional may provide psychotherapy services, as defined in section 12-245-202 (14)(a), to a minor who is twelve years of age or older, without the consent of the minor's parent or legal guardian, if the mental health professional determines that: (I) The minor is knowingly and voluntarily seeking such services; and (II) The provision of psychotherapy services is clinically indicated and necessary to the minor's well-being. (b) A minor may not refuse psychotherapy services when a mental health professional and the minor's parent or legal guardian agree psychotherapy services are in the best interest of the minor. (3) If a minor voluntarily seeks psychotherapy services on the minor's own behalf pursuant to subsection (2)(a) of this section: (a) The mental health professional may notify the minor's parent or legal guardian of the psychotherapy services given or needed, with the minor's consent, unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor's care and treatment; (b) The mental health professional shall engage the minor in a discussion about the importance of involving and notifying the minor's parent or legal guardian and shall encourage such notification to help support the minor's care and treatment; and (c) Notwithstanding the provisions of subsection (3)(a) of this section, a mental health professional may notify the minor's parent or legal guardian of the psychotherapy services given or needed, without the minor's consent, if, in the professional opinion of the mental health professional, the minor is unable to manage the minor's care or treatment. (4) A mental health professional shall fully document when the mental health professional attempts to contact or notify the minor's parent or legal guardian and whether the attempt was successful or unsuccessful, or the reason why, in the mental health professional's opinion, it would be inappropriate to contact or notify the minor's parent or legal guardian. If a minor seeks psychotherapy services on the minor's own behalf pursuant to subsection (2)(a) of this section, documentation must be included in the minor's clinical record, along with a written Colorado Revised Statutes 2024 Uncertified Printout 6 statement signed by the minor indicating that the minor is voluntarily seeking psychotherapy services. (5) Psychotherapy services must be provided in a culturally appropriate manner. Written and oral instruction, training of providers and staff, and the overall provision of services must be culturally appropriate and provided in a manner and format to support individuals with limited English proficiency or challenges with accessibility related to a disability and with respect for diverse backgrounds, including individuals with different cultural origins and individuals who are lesbian, gay, bisexual, or transgender. (6) As used in this section, "psychotherapy services" does not include inpatient psychotherapy services. (7) If a minor who is receiving psychotherapy services pursuant to this section communicates a serious threat of imminent physical violence against a specific person or persons, including a person who is identifiable by the person's association with a specific location or entity, the mental health professional is subject to the notification provisions of section 13-21-117 (2) and shall notify the minor's parent or legal guardian unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor's care and treatment. (8) Repealed. Source: L. 2019: Entire section added, (HB 19-1120), ch. 197, p. 2150, § 7, effective October 1. L. 2022: (1), (2), (3), (4), and (7) amended and (8) repealed, (HB 22-1278), ch. 222, p. 1488, § 5, effective July 1; (1) amended, (HB 22-1256), ch. 451, p. 3223, § 9, effective August 10. Editor's note: (1) This section is similar to § 12-43-202.5 as added in HB 19-1120. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from May 16, 2019, to October 1, 2019, see HB 19-1120, chapter 197, Session Laws of Colorado 2019. (2) Amendments to subsection (1) by HB 22-1278 and HB 22-1256 were harmonized. Cross references: For the legislative declaration in HB 19-1120, see section 1 of chapter 197, Session Laws of Colorado 2019. 12-245-204. Boards - division to supervise - meetings - duties - powers - rules - removal of members - limitation on authority. (1) Each board shall be under the supervision and control of the division. (2) In addition to all other powers and duties conferred or imposed upon each board by this article 245 or by any other law, each board shall have the powers specified in this section. (3) (a) (I) Each board shall annually hold a meeting and elect from its membership a chairperson and vice-chairperson. Each board shall meet at such times as it deems necessary or advisable or as deemed necessary and advisable by the chairperson or a majority of its members. Each board may conduct meetings by electronic means. Each board shall give reasonable notice of its meetings in the manner prescribed by law. A majority of each board constitutes a quorum at any meeting or hearing. (II) All meetings are open to the public, except when: Colorado Revised Statutes 2024 Uncertified Printout 7 (A) A board, or an administrative law judge acting on behalf of a board, specifically determines that the harm to a complainant or other recipient of services to keep the proceedings or related documents open to the public outweighs the public interest in observing the proceedings; or (B) The licensee, registrant, or certificate holder is participating in good faith in a program approved by the board designed to end a substance use disorder and the licensee, registrant, or certificate holder has not violated the board's order regarding the person's participation in the treatment program. (III) If the board determines that it is in the best interest of a complainant or other recipient of services to keep proceedings or related documents closed to the public, the final action of the board must be open to the public without disclosing the name of the client or other recipient. In all open meetings, the board shall take reasonable steps to keep the names of the recipients of services confidential. (b) The proceedings of each board shall be conducted pursuant to article 4 of title 24. (4) Each board is authorized to: (a) Adopt, and from time to time revise, rules pursuant to section 12-20-204; (b) Adopt an examination; (c) Examine for, deny, withhold, or approve the license of an applicant pursuant to section 12-245-214, and renew licenses pursuant to section 12-245-205; (d) Appoint advisory committees to assist in the performance of its duties; (e) Conduct hearings in accordance with section 12-20-403 as necessary to carry out its powers and duties. (5) In carrying out its duties related to the approval of applications for licensure, registration, or certification pursuant to this section, section 12-245-214, and this article 245, each board shall delegate the function of the preliminary review and approval of applications to the staff of the board, with approval of an application ratified by action of the board if ratification is deemed necessary by the board. Each board, in its sole discretion, may individually review any application requiring board consideration prior to the approval of the application pursuant to section 12-245-214 and this article 245. (6) Each board shall maintain current lists of the names of all licensees, registrants, and certificate holders and records of cases and decisions rendered by the board. In addition, each board shall keep an accurate record of the results of all examinations. (7) Publications of each board intended for circulation in quantity outside the board shall be issued in accordance with the provisions of section 24-1-136. (8) Any board member having an immediate personal, private, or financial interest in any matter pending before the board shall disclose the fact and shall not vote upon the matter. (9) The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three-quarters of the board's meetings in any one calendar year. (10) The boards shall develop rules or policies to provide guidance to persons licensed, registered, or certified pursuant to this article 245 to assist in determining whether a relationship with a client or potential client is likely to impair his or her professional judgment or increase the risk of client exploitation in violation of section 12-245-224 (1)(i). Colorado Revised Statutes 2024 Uncertified Printout 8 (11) The authority granted each board under the provisions of this article 245 does not authorize a board to arbitrate or adjudicate fee disputes between licensees, registrants, or certificate holders, or between a licensee, registrant, or certificate holder and any other party. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1224, § 1, effective October 1. L. 2020: (5) amended, (HB 20-1206), ch. 304, p. 1525, § 3, effective July 14. Editor's note: Subsection (1) is similar to former § 12-43-210; subsection (2) is similar to former § 12-43-203 (1); subsection (3) is similar to former § 12-43-203 (2); subsection (4) is similar to former § 12-43-203 (3); subsection (5) is similar to former § 12-43-203 (3.5); subsection (6) is similar to former § 12-43-203 (4); subsection (7) is similar to former § 12-43- 203 (6); subsection (8) is similar to former § 12-43-203 (9); subsection (9) is similar to former § 12-43-203 (10); subsection (10) is similar to former § 12-43-203 (12); and subsection (11) is similar to former § 12-43-203.5, as those sections existed prior to 2019. 12-245-205. Fees - renewal. (1) All fees collected pursuant to this article 245 shall be determined, collected, and appropriated in the same manner as set forth in section 12-20-105. (2) Each board may charge fees established pursuant to section 12-20-105 to all applicants for licensure, registration, or certification under this article 245. (3) Each license, registration, or certification issued pursuant to this article 245 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12- 20-202 (1) and (2). Any person whose license, registration, or certification expires is subject to the penalties provided in this article 245 or section 12-20-202 (1). (4) The director shall coordinate fee-setting pursuant to this section so that all licensees, registrants, and certificate holders pay fees as required by this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1226, § 1, effective October 1. L. 2020: (4) amended, (HB 20-1206), ch. 304, p. 1546, § 48, effective July 14. Editor's note: This section is similar to former § 12-43-204 as it existed prior to 2019. 12-245-206. Records. (1) Each board shall keep a record of proceedings and a register of all applications for licenses, registrations, or certifications, which must include: (a) The name and age of each applicant; (b) The date of the application; (c) The mailing address of the applicant; (d) A summary of the educational and other qualifications of each applicant; (e) Whether or not an examination was required and, if required, proof that the applicant passed the examination; (f) Whether licensure, registration, or certification was granted; (g) The date of the action of the board; (h) Other information the board deems necessary or advisable in aid of the requirements of this section. Colorado Revised Statutes 2024 Uncertified Printout 9 Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1226, § 1, effective October 1. Editor's note: This section is similar to former § 12-43-205 as it existed prior to 2019. 12-245-207. Licensure by endorsement. A board may issue a license by endorsement to engage in the practice of psychology, social work, marriage and family therapy, professional counseling, or addiction counseling to an applicant who satisfies the requirements of the occupational credential portability program. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1227, § 1, effective October 1. L. 2020: Entire section amended, (HB 20-1326), ch. 126, p. 540, § 28, effective June 25. Editor's note: This section is similar to former § 12-43-206 as it existed prior to 2019. Cross references: For the short title ("Red Tape Reduction Act") and the legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020. 12-245-208. Provisional license - fees. (1) (a) The board may issue a provisional license to an applicant who has completed a postgraduate degree that meets the educational requirements for licensure in section 12-245-304, 12-245-404, 12-245-504, 12-245-604, or 12- 245-804, as applicable, and who is working in a residential child care facility, as defined in section 26-6-903, under the supervision of a licensee. (b) A provisional license issued pursuant to subsection (1)(a) of this section terminates at the earliest of: (I) Thirty days after termination of the provisional licensee's employment with a qualifying residential child care facility, unless the provisional licensee obtains and submits to the board proof of employment with another residential child care facility; or (II) Thirty days after termination of the provisional licensee's supervision by a licensee unless the provisional licensee obtains and submits to the board proof of supervision by another licensee. (c) A provisional licensee shall notify the board of any change in supervision within thirty days after the change. (2) Each board may charge an application fee to an applicant for a provisional license as provided in section 12-20-105. An application for a provisional license must identify the name, contact information, and license number of the licensee providing supervision of the provisional licensure applicant. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1227, § 1, effective October 1. L. 2022: (1)(a) amended, (HB 22-1295), ch. 123, p. 826, § 22, effective July 1. Editor's note: This section is similar to former § 12-43-206.5 as it existed prior to 2019. Colorado Revised Statutes 2024 Uncertified Printout 10 12-245-209. License - issuance. Each board shall issue a license, registration, or certification, as appropriate, when an applicant successfully qualifies for licensure, registration, or certification as provided in this article 245. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1228, § 1, effective October 1. Editor's note: This section is similar to former § 12-43-207 as it existed prior to 2019. 12-245-210. Prohibition against prescribing drugs or practicing medicine - exception for opioid antagonist. (1) Nothing in this article 245 permits psychologists, social workers, marriage and family therapists, licensed professional counselors, unlicensed psychotherapists, and addiction counselors licensed, certified, or registered under this article 245 to administer or prescribe drugs or in any manner engage in the practice of medicine as defined by the laws of this state. (2) Notwithstanding subsection (1) of this section, a psychologist, social worker, marriage and family therapist, licensed professional counselor, unlicensed psychotherapist, or addiction counselor licensed, registered, or certified under this article 245 may possess, furnish, or administer an opioid antagonist in accordance with section 12-30-110. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1228, § 1, effective October 1. L. 2020: Entire section amended, (HB 20-1206), ch. 304, pp. 1525, 1546, §§ 4, 49, effective July 14. L. 2022: Entire section amended, (HB 22-1307), ch. 207, p. 1372, § 4, effective August 10. L. 2024: (2) amended, (HB 24-1037), ch. 458, p. 3168, § 11, effective June 6. Editor's note: (1) This section is similar to former § 12-43-208 as it existed prior to 2019. (2) Amendments to this section by sections 4 and 49 of HB 20-1206 were harmonized. 12-245-211. Collaborate with physician. In order to provide for the diagnosis and treatment of medical problems, a licensee, registrant, or certificate holder shall collaborate with a physician licensed under the laws of this state, except when practicing pursuant to section 12- 245-202 (14). A licensee, registrant, or certificate holder shall not diagnose, prescribe for, treat, or advise a client with reference to medical problems. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1228, § 1, effective October 1. Editor's note: This section is similar to former § 12-43-209 as it existed prior to 2019. 12-245-212. Professional review committees - immunity. (1) (a) Subject to the requirements of subsection (1)(b) of this section, a professional review committee may be established pursuant to this subsection (1) to investigate the quality of care being given by a person licensed, registered, or certified pursuant to this article 245. If a professional review Colorado Revised Statutes 2024 Uncertified Printout 11 committee is established, it must include in its membership at least three persons licensed, registered, or certified under this article 245, and the persons must be licensees, registrants, or certificate holders in the same profession as the licensee, registrant, or certificate holder who is the subject of a professional review proceeding. (b) A professional review committee may be authorized to act only by a society or an association of persons licensed, registered, or certified pursuant to this article 245 whose membership includes not less than one-third of the persons licensed, registered, or certified pursuant to this article 245 residing in this state if the licensee, registrant, or certificate holder whose services are the subject of review is a member of the society or association. (2) In addition to the persons specified in section 12-20-402, a member of a professional review committee authorized by a board, a member of staff to a committee, a person acting as a witness or consultant to a committee, a witness testifying in a proceeding authorized under this article 245, and a person who lodges a complaint pursuant to this article 245 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1228, § 1, effective October 1. Editor's note: Subsection (1)(a) is similar to former § 12-43-203 (11)(a)(I); subsection (1)(b) is similar to former § 12-43-203 (11)(a)(II); and subsection (2) is similar to former § 12- 43-203 (7)(a), as those sections existed prior to 2019. 12-245-213. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling - definitions. (1) Licensees, registrants, or certificate holders may, but are not required to, form professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, psychotherapy, or addiction counseling under the "Colorado Business Corporation Act", articles 101 to 117 of title 7, if the corporations are organized and operated in accordance with this section. The articles of incorporation of a professional service corporation formed pursuant to this section must contain provisions complying with the following requirements: (a) The name of the corporation shall contain the words "professional company" or "professional corporation" or abbreviations thereof. (b) The corporation must be organized by licensees, registrants, or certificate holders for the purpose of conducting the practice of psychology, social work, marriage and family therapy, professional counseling, psychotherapy, or addiction counseling by the respective licensees, registrants, or certificate holders of those practices. The corporation may be organized with any other person, and any person may own shares in the corporation, if the following conditions are met: (I) The practice of psychology, as defined in section 12-245-303, by the professional service corporation is performed by or under the supervision of a licensed psychologist, and any psychologist member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245; (II) The practice of social work, as defined in section 12-245-403, by the professional service corporation is performed by a licensed social worker acting independently or under the Colorado Revised Statutes 2024 Uncertified Printout 12 supervision of a person licensed pursuant to this article 245 or a licensed social worker. Any licensed social worker member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245. (III) The practice of marriage and family therapy, as defined in section 12-245-503, by the professional service corporation is performed by a licensed marriage and family therapist acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed marriage and family therapist. Any licensed marriage and family therapist member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245. (IV) The practice of licensed professional counseling, as defined in section 12-245-603, by the professional service corporation is performed by a licensed professional counselor acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed professional counselor. Any licensed professional counselor member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245. (V) The practice of addiction counseling, as defined in section 12-245-803, by the professional service corporation is performed by a licensed addiction counselor acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed addiction counselor. Any licensed addiction counselor member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided in this article 245; or (VI) The practice of psychotherapy, as defined in section 12-245-202, by the professional service corporation is performed by an unlicensed psychotherapist acting independently or under the supervision of a person licensed pursuant to this article 245 or an unlicensed psychotherapist. Any unlicensed psychotherapist member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided in this article 245. (c) The corporation may exercise the powers and privileges conferred upon corporations by the laws of Colorado only in furtherance of and subject to its corporate purpose. (d) Lay directors and officers shall not exercise any authority whatsoever over professional matters. (e) The articles of incorporation must provide, and all shareholders of the corporation must agree, that either all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation or that all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation except during periods when the corporation maintains professional liability insurance that meets the following minimum standards: (I) The insurance insures the corporation against liability imposed upon the corporation by law for damages resulting from any claim made against the corporation arising out of the performance of professional services for others by those officers and employees of the corporation who are licensed, registered, or certified to practice under this article 245 or by those employees who provide professional services under supervision. (II) The insurance insures the corporation against liability imposed upon it by law for damages arising out of the acts, errors, and omissions of all nonprofessional employees. Colorado Revised Statutes 2024 Uncertified Printout 13 (III) The insurance is in an amount for each claim of at least one hundred thousand dollars multiplied by the number of persons licensed, registered, or certified to practice under this article 245 who are employed by the corporation. The policy may provide for an aggregate maximum limit of liability per year for all claims of three hundred thousand dollars also multiplied by the number of licensees, registrants, or certificate holders employed by the corporation, but no corporation is required to carry insurance in excess of three hundred thousand dollars for each claim with an aggregate maximum limit of liability for all claims during the year of nine hundred thousand dollars. (IV) The insurance policy may provide that it does not apply to: Any dishonest, fraudulent, criminal, or malicious act or omission of the insured corporation or any stockholder or employee of the corporation; or the conduct of any business enterprise, as distinguished from the practice of licensees, registrants, or certificate holders, in which the insured corporation under this section is not permitted to engage but that nevertheless may be owned by the insured corporation or in which the insured corporation may be a partner or that may be controlled, operated, or managed by the insured corporation in its own or in a fiduciary capacity, including the ownership, maintenance, or use of any property in connection therewith, when not resulting from breach of professional duty of, bodily injury to, or sickness, disease, or death of any person or to injury to or destruction of any tangible property, including the loss of use of tangible property. (V) The insurance policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other usual matters. (2) The corporation shall not act or fail to act in a manner that would violate section 12- 245-224 (1). Any violation of this section by the corporation is grounds for a board to discipline any licensee, registrant, or certificate holder who is a member of or is employed by the corporation pursuant to section 12-245-226. (3) Nothing in this section diminishes or changes the obligation of each licensee, registrant, or certificate holder employed by the corporation to conduct his or her practice in a manner that does not violate section 12-245-224 (1). Any licensee, registrant, or certificate holder who, by act or omission, causes the corporation to act or fail to act in a way that violates section 12-245-224 (1) or this section is personally responsible for the act or omission and is subject to discipline by the board. (4) A professional service corporation may adopt a pension, cash profit sharing, deferred profit sharing, health and accident, insurance, or welfare plan for all of its employees, including lay employees, if the plan does not require or result in the sharing of specific or identifiable fees with lay employees and if any payments made to lay employees, or into the plan on behalf of lay employees, are based upon their compensation or length of service, or both, rather than the amount of fees or income received. (5) Nothing in this section shall be deemed to modify the privileges regarding confidential communications specified in sections 12-245-220 and 13-90-107 (1)(g). (6) Nothing in this article 245 limits persons licensed, registered, or certified under this article 245 from forming a corporation with persons licensed, registered, or certified under this article 245. (7) As used in this section, unless the context otherwise requires: (a) "Articles of incorporation" includes operating agreements of limited liability companies and partnership agreements of registered limited liability partnerships. Colorado Revised Statutes 2024 Uncertified Printout 14 (b) "Corporation" includes a limited liability company organized under the "Colorado Limited Liability Company Act", article 80 of title 7, and a limited liability partnership registered under section 7-60-144 or 7-64-1002. (c) "Director" and "officer" of a corporation includes a member and a manager of a limited liability company and a partner in a registered limited liability partnership. (d) "Employees" includes employees, members, and managers of a limited liability company and employees and partners of a registered limited liability partnership. (e) "Share" includes a member's rights in a limited liability company and a partner's rights in a registered limited liability partnership. (f) "Shareholder" includes a member of a limited liability company and a partner in a registered limited liability partnership. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1229, § 1, effective October 1. L. 2020: IP(1) and (1)(b)(VI) amended, (HB 20-1206), ch. 304, pp. 1527, 1546, §§ 8, 50, effective July 14. Editor's note: This section is similar to former § 12-43-211 as it existed prior to 2019. 12-245-214. Denial of license, registration, or certification - reinstatement. (1) Each board is empowered to determine whether an applicant for licensure, registration, or certification, or for registry as a candidate for licensure, registration, or certification, possesses the qualifications required by this article 245. (2) If a board determines that an applicant does not possess the applicable qualifications required by this article 245 or, for a licensed clinical social worker, licensed social worker, licensed marriage and family therapist, licensed professional counselor, licensed addiction counselor, or certified addiction counselor, is unable to demonstrate continued professional competence as required by section 12-245-410, 12-245-506, 12-245-606, or 12-245-806, respectively, the board may deny the applicant a license, registration, or certification or deny the reinstatement of a license, registration, or certification. If the application is denied, the board shall provide the applicant with a statement in writing setting forth the basis of the board's determination that the applicant does not possess the qualifications or professional competence required by this article 245. The applicant may request a hearing on the determination as provided in section 24-4-104 (9). (3) If a board has any reason to believe that, or receives any information that, an applicant has committed any of the acts set forth in section 12-245-224 (1) as grounds for discipline, the board may deny a license, registration, or certification to the applicant if the board determines that there is a basis for the denial. The order of the board to grant or deny a license, registration, or certification constitutes final agency action. (4) A board, on its own motion or upon application, at any time after the refusal to grant a license, registration, or certification, may reconsider its prior action and grant a license, registration, or certification. The board has sole discretion to determine whether to take further action on the application after it refuses to grant a license, registration, or certification. Colorado Revised Statutes 2024 Uncertified Printout 15 Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1232, § 1, effective October 1. L. 2020: (2) amended, (HB 20-1206), ch. 304, p. 1527, § 9, effective July 14. Editor's note: This section is similar to former § 12-43-212 as it existed prior to 2019. 12-245-215. Legislative intent - schools and colleges - examinations. It is the intent of the general assembly that the definition relating to full-time courses of study and institutions of higher education for graduation of persons who are qualified to take examinations for licensure under this article 245 be liberally construed by each board under the board's rule-making powers to ensure the right to take the examinations. It is not the intent that technical barriers be used to deny the ability to take an examination. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1233, § 1, effective October 1. Editor's note: This section is similar to former § 12-43-213 as it existed prior to 2019. 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: (a) The name, business address, and business phone number of the licensee, registrant, or certificate holder; (b) (I) Repealed. (II) A listing of any degrees, credentials, certifications, registrations, and licenses held or completed by the licensee, registrant, or certificate holder, including the education, experience, and training the licensee, registrant, or certificate holder was required to satisfy in order to complete the degree, credential, certification, registration, or license; (c) A statement indicating that the practice of licensed or registered persons in the field of psychotherapy is regulated by the division and an address and telephone number for the board that regulates the licensee, registrant, or certificate holder; (d) A statement indicating that: (I) A client is entitled to receive information about the methods of therapy, the techniques used, the duration of therapy, if known, and the fee structure; (II) The client may seek a second opinion from another therapist or may terminate therapy at any time; (III) In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee, registrant, or certificate holder; (IV) The information provided by the client during therapy sessions is legally confidential in the case of individuals licensed, certified, or registered pursuant to this article 245, except as provided in section 12-245-220 and except for certain legal exceptions that will be identified by the licensee, registrant, or certificate holder should any such situation arise during therapy; Colorado Revised Statutes 2024 Uncertified Printout 16 (e) If the mental health professional is an unlicensed psychotherapist, a statement indicating that an unlicensed psychotherapist is a psychotherapist listed in the state's database and is authorized by law to practice psychotherapy in Colorado but is not licensed by the state and is not required to satisfy any standardized educational or testing requirements to obtain a registration from the state; and (f) A statement indicating that a client's records may not be maintained after seven years pursuant to section 12-245-226 (1)(a)(II)(A). (2) If the client is a minor who is consenting to mental health services pursuant to section 27-65-104, disclosure must be made to the minor. If the client is a minor whose parent or legal guardian is consenting to mental health services, disclosure must be made to the minor's parent or legal guardian. (3) In residential, institutional, or other settings where psychotherapy may be provided by multiple providers, disclosure shall be made by the primary therapist. The institution shall also provide a statement to the patient containing the information in subsections (1)(c) and (1)(d) of this section and a statement that the patient is entitled to the information listed in subsections (1)(a) and (1)(b) of this section concerning any psychotherapist in the employ of the institution who is providing psychotherapy services to the patient. (4) The disclosure of information required by subsection (1) of this section is not required when psychotherapy is being administered in any of the following circumstances: (a) In an emergency; (b) Pursuant to a court order or involuntary procedures pursuant to sections 27-65-106 to 27-65-110; (c) The sole purpose of the professional relationship is for forensic evaluation; (d) The client is in the physical custody of the department of corrections, the department of human services, or the behavioral health administration in the department of human services, and such department or administration has developed an alternative program to provide similar information to the client and the program has been established through rule; (e) The client is incapable of understanding the disclosure and has no guardian to whom disclosure can be made; (f) By a social worker practicing in a hospital that is licensed or certified under section 25-1.5-103 (1)(a)(I) or (1)(a)(II); (g) By a person licensed or certified pursuant to this article 245 or by an unlicensed psychotherapist practicing in a hospital that is licensed or certified under section 25-1.5-103 (1)(a)(I) or (1)(a)(II). (5) If the client has no written language or is unable to read, an oral explanation shall accompany the written copy. (6) Unless the client, parent, or guardian is unable to write, or refuses or objects, the client, parent, or guardian shall sign the disclosure form required by this section not later than the second visit with the psychotherapist. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1233, § 1, effective October 1. L. 2020: (1)(d)(IV), (1)(e), and (4)(g) amended and (1)(f) added, (HB 20- 1206), ch. 304, pp. 1527, 1547, §§ 10, 51, effective July 14. L. 2022: (4)(d) amended, (HB 22- 1278), ch. 222, p. 1489, § 6, effective July 1; (2) and (4)(b) amended, (HB 22-1256), ch. 451, p. Colorado Revised Statutes 2024 Uncertified Printout 17 3223, § 10, effective August 10. L. 2024: (1)(b)(I) repealed, (SB 24-115), ch. 217, p. 1346, § 1, effective August 7. Editor's note: (1) This section is similar to former § 12-43-214 as it existed prior to 2019. (2) (a) Subsection (1)(d)(IV) was amended in section 51 of HB 20-1206. Those amendments were superseded by the amendment of subsection (1)(d)(IV) in section 10 of HB 20-1206. (b) Amendments to subsection (1)(e) by sections 10 and 51 of HB 20-1206 were harmonized. 12-245-217. Scope of article - exemptions. (1) A person engaged in the practice of religious ministry is not required to comply with this article 245; except that the person shall not publicly claim to hold any title incorporating the term "psychologist", "social worker", "licensed social worker", "LSW", "licensed clinical social worker", "LCSW", "clinical social worker", "licensed marriage and family therapist", "LMFT", "licensed professional counselor", "LPC", "addiction counselor", "licensed addiction counselor", "LAC", "certified addiction counselor", "CAC", "certified addiction specialist", "CAS", "certified addiction technician", or "CAT" unless the person is licensed or certified pursuant to this article 245. (2) This article 245 does not apply to: (a) The practice of employment or rehabilitation counseling as performed in the private and public sectors; except that the provisions of this article 245 shall apply to employment or rehabilitation counselors practicing psychotherapy in the field of mental health; (b) Employees of the department of human services or the behavioral health administration in the department of human services; employees of county departments of human or social services; or personnel under the direct supervision and control of the state department of human services, the behavioral health administration, or any county department of human or social services for work undertaken as part of their employment; (c) Persons who are licensed pursuant to section 22-60.5-210 and who are not licensed under this article 245 for work undertaken as part of their employment by, or contractual agreement with, the public schools; (d) Mediators resolving judicial disputes pursuant to part 3 of article 22 of title 13; (e) A person who resides in another state and who is currently licensed or certified as a psychologist, marriage and family therapist, clinical social worker, professional counselor, or addiction counselor in that state to the extent that the licensed or certified person performs activities or services in this state, if the activities and services: (I) Are performed within the scope of the person's license or certification; (II) Do not exceed twenty days per year in this state; (III) Are not otherwise in violation of this article 245; and (IV) Are disclosed to the public that the person is not licensed or certified in this state; (f) A professional coach, including a life coach, executive coach, personal coach, or business coach, who has had coach-specific training and who serves clients exclusively as a coach, as long as the professional coach does not engage in the practice of psychology, social work, marriage and family therapy, licensed professional counseling, psychotherapy, or addiction counseling, as those practices are defined in this article 245. Colorado Revised Statutes 2024 Uncertified Printout 18 (g) Students who are enrolled in a school program and are practicing as part of a school practicum or clinical program; (h) A professional practicing auricular acudetox in accordance with section 12-245-233; or (i) Screeners conducting screenings pursuant to the sixth through twelfth grade mental health screening program created in section 27-50-903. (3) Nothing in this section limits the applicability of section 18-3-405.5, which applies to any person while practicing psychotherapy as defined in this article 245. (4) The provisions of section 12-245-703 do not apply to employees of community mental health centers or clinics as those centers or clinics are defined by section 27-66-101, but persons practicing outside the scope of employment as employees of a facility defined by section 27-66-101 are subject to the provisions of section 12-245-703. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1235, § 1, effective October 1. L. 2020: (2)(e)(IV) amended and (2)(g) and (2)(h) added, (HB 20-1206), ch. 304, p. 1528, § 11, effective July 14. L. 2022: IP(2) and (2)(b) amended, (HB 22-1278), ch. 222, p. 1490, § 7, effective July 1; (1), IP(2), IP(2)(e), (2)(e)(I), and (2)(e)(IV) amended, (HB 22- 1307), ch. 207, p. 1372, § 5, effective August 10. L. 2023: (2)(g) and (2)(h) amended and (2)(i) added, (HB 23-1003), ch. 363, p. 2186, § 2, effective June 5. Editor's note: (1) This section is similar to former § 12-43-215 as it existed prior to 2019. (2) The introductory portion to subsection (2) was amended in HB 22-1278. Those amendments were superseded by the amendment of the introductory portion to subsection (2) in HB 22-1307. 12-245-218. Title use restrictions. (1) A psychologist, social worker, marriage and family therapist, professional counselor, psychotherapist, or addiction counselor may only use the title for which the person is licensed, certified, or registered under this article 245. Except as provided in section 12-245-306 (3), no other person shall: (a) Hold himself or herself out to the public by any title or description of services incorporating the terms "licensed clinical social worker", "clinical social worker", "LCSW", "licensed social worker", "LSW", "clinical social worker candidate", "provisional social worker", "SWP", "marriage and family therapist", "LMFT", "MFT", "marriage and family therapist candidate", "MFT candidate", "MFTC", "professional counselor", "licensed professional counselor", "LPC", "licensed professional counselor candidate", "LPCC", "provisional licensed professional counselor", "psychologist", "provisional psychologist", "psychologist candidate", "psychology", "psychological", "unlicensed psychotherapist", "addiction counselor", "licensed addiction counselor", "LAC", "certified addiction specialist", "CAS", "certified addiction technician", "CAT", or "addiction counselor candidate"; or (b) State or imply that the person is licensed, certified, or registered to practice social work, marriage and family therapy, professional counseling, psychology, psychotherapy, or addiction counseling. (2) Nothing in this section shall prohibit a person from stating or using the educational degrees that the person has obtained. Colorado Revised Statutes 2024 Uncertified Printout 19 Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1236, § 1, effective October 1. L. 2020: Entire section amended, (HB 20-1206), ch. 304, p. 1528, § 12, effective July 14. L. 2021: (1)(a) amended, (HB 21-1305), ch. 399, p. 2647, § 1, effective July 1. Editor's note: This section is similar to former § 12-43-216 as it existed prior to 2019. 12-245-219. Judicial review of final board actions and orders. Section 12-20-408 governs judicial review of final actions and orders of a board appropriate for judicial review. Judicial proceedings for the enforcement of a board order may be instituted in accordance with section 24-4-106 (11). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1237, § 1, effective October 1. Editor's note: This section is similar to former § 12-43-217 as it existed prior to 2019. 12-245-220. Disclosure of confidential communications - definitions. (1) A licensee, registrant, or certificate holder shall not disclose, without the consent of the client, any confidential communications made by the client, or advice given to the client, in the course of professional employment. A licensee's, registrant's, or certificate holder's employee or associate, whether clerical or professional, shall not disclose any knowledge of the communications acquired in that capacity. Any person who has participated in any therapy conducted under the supervision of a licensee, registrant, or certificate holder, including group therapy sessions, shall not disclose any knowledge gained during the course of the therapy without the consent of the person to whom the knowledge relates. (2) Subsection (1) of this section does not apply and a person may disclose confidential information when: (a) A client, or the heirs, executors, or administrators of a client, file suit or a complaint against a licensee, registrant, or certificate holder on any cause of action arising out of or connected with the care or treatment of the client by the licensee, registrant, or certificate holder; (b) A licensee, registrant, or certificate holder was in consultation with a physician, registered professional nurse, certified midwife, licensee, registrant, or certificate holder against whom a suit or complaint was filed based on the case out of which the suit or complaint arises; (c) A review of services of a licensee, registrant, or certificate holder is conducted by any of the following: (I) A board or a person or group authorized by the board to make an investigation on its behalf; (II) The governing board of a hospital licensed pursuant to part 1 of article 3 of title 25, where the licensee, registrant, or certificate holder practices or the medical staff of the hospital if the medical staff operates pursuant to written bylaws approved by the governing board of the hospital; or (III) A professional review committee established pursuant to section 12-245-212 (1) if the person has signed a release authorizing the review; (d) (I) A client, regardless of age: Colorado Revised Statutes 2024 Uncertified Printout 20 (A) Makes an articulable and significant threat against a school or the occupants of a school; or (B) Exhibits behaviors that, in the reasonable judgment of the licensee, registrant, or certificate holder, create an articulable and significant threat to the health or safety of students, teachers, administrators, or other school personnel. (II) A licensee, registrant, or certificate holder who discloses information under this subsection (2)(d) shall limit the disclosure to appropriate school or school district personnel and law enforcement agencies. School or school district personnel to whom the information is disclosed shall maintain confidentiality of the disclosed information, regardless of whether the information constitutes an education record subject to FERPA, consistent with the requirements of FERPA and regulations and applicable guidelines adopted under FERPA, but may disclose information in accordance with section 1232g (b)(1) of FERPA and 34 CFR 99.36 if necessary to protect the health or safety of students or other persons. (III) A licensee, registrant, or certificate holder who discloses or fails to disclose a confidential communication with a client in accordance with this subsection (2)(d) is not liable for damages in any civil action for disclosing or not disclosing the communication. This subsection (2)(d)(III) does not rescind any statutory duty to warn and protect specified in, and does not eliminate any potential civil liability for failure to comply with, section 13-21-117. (IV) (A) This subsection (2)(d) does not apply to an education record that, under FERPA, is exempt from the HIPAA privacy rule. (B) This subsection (2)(d) applies to covered entities, as defined in HIPAA. (V) As used in this subsection (2)(d): (A) "Articulable and significant threat" means a threat to the health or safety of a person that, based on the totality of the circumstances, can be explained or articulated and that constitutes a threat of substantial bodily harm to a person. (B) "FERPA" means the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended. (C) "HIPAA" means the federal "Health Insurance Portability and Accountability Act of 1996", as amended, Pub.L. 104-191. (D) "School" means a public or private preschool; elementary, middle, junior high, or high school; or institution of postsecondary education described in title 23, including the Auraria higher education center created in article 70 of title 23. (3) The records and information produced and used in the review provided for in subsection (2)(c) of this section do not become public records solely by virtue of the use of the records and information. The identity of a client whose records are reviewed shall not be disclosed to any person not directly involved in the review process, and procedures shall be adopted by a board, hospital, association, or society to ensure that the identity of the client is concealed during the review process itself and to comply with section 12-245-226 (4). (4) Subsection (1) of this section shall not apply to any delinquency or criminal proceeding, except as provided in section 13-90-107 regarding any delinquency or criminal proceeding involving a licensed psychologist. (5) Nothing in this section shall be deemed to prohibit any other disclosures required by law. (6) Repealed. Colorado Revised Statutes 2024 Uncertified Printout 21 Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1237, § 1, effective October 1. L. 2020: IP(2) and (2)(d)(IV)(B) amended and (6) repealed, (HB 20- 1206), ch. 304, p. 1529, § 13, effective July 14. L. 2023: (2)(b) amended, (SB 23-167), ch. 261, p. 1545, § 47, effective May 25. Editor's note: This section is similar to former § 12-43-218 as it existed prior to 2019. 12-245-221. Article not to restrict other professions. (1) Nothing in this article 245 shall be construed to prohibit any member of any other profession who is duly licensed or certified pursuant to the laws of this state from rendering service consistent with his or her training and professional ethics so long as the professional does not hold himself or herself out to the public by any title or description to which the professional is not entitled pursuant to the provisions of this article 245. (2) No person licensed pursuant to part 1 of article 255 of this title 12 shall be subject to the jurisdiction of a board created pursuant to this article 245 to the extent the person is under the jurisdiction of the state board of nursing. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1239, § 1, effective October 1. L. 2020: (2) amended, (HB 20-1183), ch. 157, p. 699, § 47, effective July 1. Editor's note: This section is similar to former § 12-43-219 as it existed prior to 2019. 12-245-222. Powers and duties of the boards - rules. (1) In addition to all other powers and duties conferred and imposed upon the boards, each board has the following powers and duties with respect to the licensing, registration, and certification of the persons licensed, registered, or certified by each individual board pursuant to this article 245: (a) To annually elect one of its members as chairperson and one as vice-chairperson. Each board may meet at such times and adopt such rules for its government as it deems proper. (b) To make investigations, hold hearings, and take evidence in accordance with section 12-20-403, article 4 of title 24, and this article 245 in all matters relating to the exercise and performance of the powers and duties vested in each board; (c) To aid the several district attorneys of this state in the enforcement of this article 245 and in the prosecution of all persons, firms, associations, or corporations charged with the violation of any of its provisions and to report to the appropriate district attorney any violation of this article 245 that it reasonably believes involves a criminal violation; (d) To take disciplinary actions in conformity with this article 245 and section 12-20- 404; (e) Through the department and subject to appropriations made to the department, to employ administrative law judges on a full-time or part-time basis to conduct any hearings required by this article 245; (f) To notify the public of all disciplinary actions taken against licensees, registrants, or certificate holders pursuant to this article 245. (2) Pursuant to this part 2, section 12-20-204, and article 4 of title 24, each board is authorized to adopt and revise rules as necessary to enable the board to carry out the provisions Colorado Revised Statutes 2024 Uncertified Printout 22 of this part 2 with respect to the regulation of the persons licensed, registered, or certified by each individual board pursuant to this article 245. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1239, § 1, effective October 1. Editor's note: This section is similar to former § 12-43-221 as it existed prior to 2019. 12-245-222.5. Mental health disciplinary record work group - creation - recommendations - report - repeal. (Repealed) Source: L. 2020: Entire section added, (HB 20-1206), ch. 304, p. 1529, § 14, effective July 14. Editor's note: Subsection (9) provided for the repeal of this section, effective June 30, 2021. (See L. 2020, p. 1529.) 12-245-223. Confidential agreement to limit practice. Section 12-30-108 concerning confidential agreements to limit practice applies to this article 245. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1240, § 1, effective October 1. Editor's note: This section is similar to former § 12-43-221.5 as it existed prior to 2019. 12-245-224. Prohibited activities - related provisions - definition. (1) A person licensed, registered, or certified under this article 245 violates this article 245 if the person: (a) Has been convicted of or pled guilty or nolo contendere to a felony or to any crime related to the person's practice, or received a deferred sentence to a felony charge. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, each board is governed by sections 12-20-202 (5) and 24-5-101. (b) Has violated or attempted to violate, directly or indirectly, or assisted or abetted the violation of, or conspired to violate any provision or term of this article 245, an applicable provision of article 20 or 30 of this title 12, a rule promulgated pursuant to this article 245, or any order of a board established pursuant to this article 245; (c) Has used advertising that is misleading, deceptive, or false; (d) (I) Has committed abuse of health insurance pursuant to section 18-13-119; (II) Has advertised through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the person will perform any act prohibited by section 18-13- 119; (e) Habitually or excessively uses or abuses alcohol, a habit-forming drug, or a controlled substance, as defined in section 18-18-102 (5); (f) (I) Fails to notify the board that regulates the person's profession of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that affects the Colorado Revised Statutes 2024 Uncertified Printout 23 person's ability to treat clients with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; (II) Fails to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the person unable to treat clients with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; or (III) Fails to comply with the limitations agreed to under a confidential agreement entered into pursuant to sections 12-30-108 and 12-245-223; (g) (I) Has acted or failed to act in a manner that does not meet the generally accepted standards of the professional discipline under which the person practices. Generally accepted standards may include, at the board's discretion, the standards of practice generally recognized by state and national associations of practitioners in the field of the person's professional discipline. (II) A certified copy of a malpractice judgment of a court of competent jurisdiction is conclusive evidence that the act or omission does not meet generally accepted standards of the professional discipline, but evidence of the act or omission is not limited to a malpractice judgment. (h) Has performed services outside of the person's area of training, experience, or competence; (i) Has maintained relationships with clients that are likely to impair the person's professional judgment or increase the risk of client exploitation, such as treating employees, supervisees, close colleagues, or relatives; (j) Has exercised undue influence on the client, including the promotion of the sale of services, goods, property, or drugs in such a manner as to exploit the client for the financial gain of the practitioner or a third party; (k) Has failed to terminate a relationship with a client when it was reasonably clear that the client was not benefitting from the relationship and is not likely to gain such benefit in the future; (l) Has failed to refer a client to an appropriate practitioner when the problem of the client is beyond the person's training, experience, or competence; (m) Has failed to obtain a consultation or perform a referral when the failure is not consistent with generally accepted standards of care; (n) Has failed to render adequate professional supervision of persons practicing pursuant to this article 245 under the person's supervision according to generally accepted standards of practice; (o) Has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons; (p) Has failed to comply with any of the requirements pertaining to mandatory disclosure of information to clients pursuant to section 12-245-216; (q) Has offered or given commissions, rebates, or other forms of remuneration for the referral of clients unless the offer or remuneration was for services provided, including marketing, office space, administrative, consultative, and clinical services, and not for the referral itself. A licensee, registrant, or certificate holder may pay an independent advertising or marketing agent compensation for advertising or marketing services rendered on the person's Colorado Revised Statutes 2024 Uncertified Printout 24 behalf by the agent, including compensation that is paid for the results of performance of the services on a per-patient basis. (r) Has engaged in sexual contact, sexual intrusion, or sexual penetration, as defined in section 18-3-401, with a client during the period of time in which a therapeutic relationship exists or for up to two years after the period in which a therapeutic relationship exists; (s) Has resorted to fraud, misrepresentation, or deception in applying for or in securing licensure or taking any examination provided for in this article 245; (t) Has engaged in any of the following activities and practices: (I) Repeated ordering or performing demonstrably unnecessary laboratory tests or studies without clinical justification for the tests or studies; (II) The administration, without clinical justification, of treatment that is demonstrably unnecessary; (III) Ordering or performing any service or treatment that is contrary to the generally accepted standards of the person's practice and is without clinical justification; (IV) Using or recommending rebirthing or any therapy technique that may be considered similar to rebirthing as a therapeutic treatment. "Rebirthing" means the reenactment of the birthing process through therapy techniques that involve any restraint that creates a situation in which a patient may suffer physical injury or death. For the purposes of this subsection (1)(t)(IV), a parent or legal guardian may not consent to physical, chemical, or mechanical restraint on behalf of a child or ward. (V) Conversion therapy with a client who is under eighteen years of age; (u) Has falsified or repeatedly made incorrect essential entries or repeatedly failed to make essential entries on patient records; (v) Has committed a fraudulent insurance act, as set forth in section 10-1-128; (w) Has sold or fraudulently obtained or furnished a license, registration, or certification to practice as a psychologist, social worker, marriage and family therapist, licensed professional counselor, psychotherapist, or addiction counselor or has aided or abetted in those activities; or (x) Has failed to respond, in the manner required by the board, to a complaint filed with or by the board against the licensee, registrant, or certificate holder. (1.5) Any contract entered into by a licensee, certificate holder, or registrant for the purpose of marketing, office space, administrative support, or any other overhead expense shall not provide remuneration for referrals of clients or patients or otherwise create a financial benefit or incentive to the contractor that is tied to or conditioned on the number of clients or patients that the licensee, certificate holder, or registrant sees, the value of the services that the licensee, certificate holder, or registrant provides, or any financial recovery to which the licensee, certificate holder, or registrant is entitled. (2) A disciplinary action relating to a license, registration, or certification to practice a profession licensed, registered, or certified under this article 245 or any related occupation in any other state, territory, or country for disciplinary reasons constitutes prima facie evidence of grounds for disciplinary action, including denial of licensure, registration, or certification, by a board. This subsection (2) applies only to disciplinary actions based upon acts or omissions in the other state, territory, or country substantially similar to those acts or omissions set out as grounds for disciplinary action pursuant to subsection (1) of this section. (3) (a) The board shall design and send a questionnaire to all licensed psychologists with prescriptive authority who apply for license renewal. Each applicant for license renewal shall Colorado Revised Statutes 2024 Uncertified Printout 25 complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 2 or has been disciplined for any action that might be considered a violation of this part 2 or that might make the licensee unfit to practice psychology with reasonable care and safety. The board shall include on the questionnaire a question regarding whether the licensee has complied with section 12-30-111 and is in compliance with section 12-280-403 (2)(a). If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under this section. The board may include the cost of developing and reviewing the questionnaire in the fee paid pursuant to section 12-245-205. The board may deny an application for license renewal that does not accompany an accurately completed questionnaire. (b) On and after July 1, 2024, as a condition of renewal of a license, each licensee shall attest that the licensee is in compliance with section 12-280-403 (2)(a) and that the licensee is aware of the penalties for noncompliance with that section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1240, § 1, effective October 1; (1)(t)(V) added, (HB 19-1129), ch. 378, p. 3412, § 8, effective October 1. L. 2020: (1)(a) and (1)(q) amended and (1.5) added, (HB 20-1206), ch. 304, p. 1530, § 15, effective July 14. L. 2023: (3) added, (HB 23-1071), ch. 6, p. 16, § 1, effective August 7. Editor's note: (1) This section is similar to former § 12-43-222 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1129. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1129, chapter 378, Session Laws of Colorado 2019. 12-245-225. Authority of boards - cease-and-desist orders - rules - fines. (1) If a licensee, registrant, or certificate holder violates any provision of section 12-245-224, the board that licenses, registers, or certifies the licensee, registrant, or certificate holder may, in accordance with section 12-20-404: (a) Issue and send, by certified mail, a letter of admonition to a licensee, registrant, or certificate holder under the circumstances specified in and in accordance with section 12-20-404 (4); (b) Place a licensee, registrant, or certificate holder on probation; (c) Deny, revoke, or suspend the person's license, registration, or certification; (d) Deny, revoke, or suspend the listing of an unlicensed psychotherapist in the state board of unlicensed psychotherapists database established pursuant to section 12-245-703; (e) Issue and send a confidential letter of concern to a licensee, registrant, or certificate holder under the circumstances specified in section 12-20-404 (5); or (f) Apply for an injunction pursuant to section 12-245-230 to enjoin a licensee, registrant, or certificate holder from practicing the profession for which the person is licensed, registered, or certified under this article 245. (2) When a licensee, registrant, or certificate holder violates an administrative requirement of this article 245, the board regulating the licensee, registrant, or certificate holder may impose an administrative fine on the licensee, registrant, or certificate holder, not to exceed Colorado Revised Statutes 2024 Uncertified Printout 26 five thousand dollars per violation. Each board shall adopt rules establishing a schedule of fines setting forth different levels of fines based on whether the licensee, registrant, or certificate holder has committed a single violation or subsequent violations of administrative requirements. (3) A board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1243, § 1, effective October 1. L. 2020: (1)(d) amended, (HB 20-1206), ch. 304, p. 1548, § 52, effective July 14. Editor's note: This section is similar to former § 12-43-223 as it existed prior to 2019. 12-245-226. Disciplinary proceedings - judicial review - mental and physical examinations - multiple licenses. (1) (a) (I) A proceeding for discipline of a licensee, registrant, or certificate holder may be commenced when the board that licenses, registers, or certifies the licensee, registrant, or certificate holder has reasonable grounds to believe that the licensee, registrant, or certificate holder under the board's jurisdiction has committed any act or failed to act pursuant to the grounds established in section 12-245-224 or 12-245-228. (II) (A) Any person who alleges that a licensee, registrant, or certificate holder violated a provision of this article 245 related to maintenance of records of a client eighteen years of age or older must file a complaint or other notice with the board within seven years after the person discovered or reasonably should have discovered the misconduct. A licensee, registrant, or certificate holder shall notify a client that the client's records may not be maintained after the seven-year period for filing a complaint pursuant to this section. The required notice must be provided to the client in writing no later than one hundred eighty days after the end of the client's treatment. The notice may be included with the licensee's disclosures pursuant to section 12-245- 216 (1) or sent to the client's last-known mailing address. Consistent with all procedural requirements of this article 245, or otherwise required by law, the board must either take disciplinary action on the complaint or dismiss the complaint no later than two years after the date the complaint or notice was filed with the board. (B) The seven-year limitation period specified in subsection (1)(a)(II)(A) of this section does not apply to the filing of a complaint or other notice with the board for any other violation of this article 245, including the acts described in section 12-245-224 or 12-245-228. (b) A licensee, registrant, or certificate holder who holds more than one license, registration, or certification pursuant to this article 245, who has committed any act or failed to act pursuant to the grounds established in section 12-245-224 or 12-245-228, is subject to disciplinary action by all boards that license, register, or certify the person pursuant to this article 245. The findings, conclusions, and final agency order of the first board to take disciplinary action pursuant to this section against the licensee, registrant, or certificate holder, or any disciplinary action taken by the state grievance board as it existed prior to July 1, 1998, is prima facie evidence against the person in any subsequent disciplinary action taken by another board concerning the same act or series of acts. (c) If a licensee, registrant, or certificate holder who applies for a license, registration, or certification pursuant to this article 245 has been disciplined by any board created pursuant to this article 245, or the state grievance board as it existed prior to July 1, 1998, the findings, Colorado Revised Statutes 2024 Uncertified Printout 27 conclusions, and final agency order of the first board to take disciplinary action pursuant to this section against the licensee, registrant, or certificate holder is prima facie evidence against the person in any subsequent application made for a license, registration, or certification to any other board created pursuant to this article 245. (2) (a) Disciplinary proceedings shall be conducted in the manner prescribed by the "State Administrative Procedure Act", article 4 of title 24, and section 12-20-403. (b) Each board, through the department, may employ administrative law judges, on a full-time or part-time basis, to conduct hearings as provided by this article 245 or on any matter within the board's jurisdiction upon such conditions and terms as the board may determine. A board may elect to refer a case for formal hearing to an administrative law judge, with or without an assigned advisor from the board. If a board so elects to refer a case with an assigned advisor and the advisor is a member of the board, the advisor shall be excluded from the board's review of the decision of the administrative law judge. The advisor shall assist the administrative law judge in obtaining and interpreting data pertinent to the hearing. (c) (I) Except as provided in subsection (2)(c)(II) of this section, a board shall not deny, revoke, or suspend a licensee's, registrant's, or certificate holder's right to use a title and shall not place a licensee, registrant, or certificate holder on probation pursuant to the grounds established in sections 12-245-224 and 12-245-228 until a hearing has been conducted if required pursuant to section 24-4-105. (II) The board that licenses, registers, or certifies a licensee, registrant, or certificate holder pursuant to this article 245 may summarily suspend the person's license, registration, or certification, subject to the limitation of section 24-4-104, under the following circumstances: (A) In emergency situations, as provided for by section 24-4-104; (B) The licensee, registrant, or certificate holder has been adjudicated by a court of competent jurisdiction as a person who is gravely disabled, a person who is mentally incompetent, or a person who is insane; is a person who has a mental health disorder; or is a person who has an intellectual and developmental disability; or (C) The licensee, registrant, or certificate holder violates subsection (2)(d) of this section. (d) (I) If a board has reasonable cause to believe that a licensee, registrant, or certificate holder whom the board licenses, registers, or certifies pursuant to this article 245 is unable to practice with reasonable skill and safety to patients, the board may require the licensee, registrant, or certificate holder to submit to mental or physical examinations designated by the board. Upon the failure of the licensee, registrant, or certificate holder to submit to a mental or physical examination, and unless the person shows good cause for the failure, the board may suspend the license, certification, or registration of the person until the person submits to the required examinations. (II) Every licensee, registrant, or certificate holder is deemed to have consented to submit to mental or physical examinations when directed in writing by the board that licenses, registers, or certifies the licensee, registrant, or certificate holder pursuant to this article 245 and to have waived all objections to the admissibility of the examiner's testimony or examination reports on the ground of privileged communication. (III) The results of any mental or physical examination ordered by a board may be used as evidence in any proceeding initiated by a board or within that board's jurisdiction in any forum. Colorado Revised Statutes 2024 Uncertified Printout 28 (3) In addition to the actions authorized by section 12-20-404, disciplinary actions may consist of the following: (a) Probationary status. A board may impose probationary status on a licensee, registrant, or certificate holder. If a board places a licensee, registrant, or certificate holder on probation, it may include conditions for continued practice that the board deems appropriate to assure that the licensee, registrant, or certificate holder is physically, mentally, and otherwise qualified to practice in accordance with generally accepted professional standards of practice, including any of the following: (I) Submission by the licensee, registrant, or certificate holder to examinations a board may order to determine the person's physical or mental condition or professional qualifications; (II) Participation in therapy or courses of training or education the board determines necessary to correct deficiencies found either in the hearing or by the examinations; (III) Review or supervision of the person's practice as may be necessary to determine the quality of, and correct any deficiencies in, that practice; and (IV) The imposition of restrictions upon the nature of the person's practice to assure that the person does not practice beyond the limits of the person's capabilities. (b) Issuance of confidential letters of concern. A board may issue and send to a licensee, registrant, or certificate holder a confidential letter of concern under the circumstances specified in section 12-20-404 (5). The letter must advise the licensee, registrant, or certificate holder that the board is concerned about a complaint it received about the licensee, registrant, or certificate holder and must specify what action, if any, the licensee, registrant, or certificate holder should take to assuage the board's concern. Confidential letters of concern are confidential, and the board shall not disclose the existence of the letter or its contents to members of the public or in any court action unless the board is a party to the action. (4) (a) Except as provided in subsection (4)(b) of this section, if a complaint is dismissed, records of investigations, examinations, hearings, meetings, and other proceedings of the board conducted pursuant to this section are exempt from the open records law, article 72 of title 24. (b) The exemption from the open records law specified in subsection (4)(a) of this section does not apply: (I) When a decision to proceed with a disciplinary action has been agreed upon by a majority of the members of the applicable board and a notice of formal complaint is drafted and served on the licensee, registrant, or certificate holder by first-class mail; or (II) Upon final agency action. (c) In any final agency action or formal complaint, the board, when it deems necessary, shall redact all names of clients or other recipients of services to protect the persons' confidentiality. (5) Section 12-20-408 governs judicial review of final board actions and orders appropriate for judicial review. Judicial proceedings for the enforcement of a board order may be instituted in accordance with section 24-4-106 (11). (6) Any board member having an immediate personal, private, or financial interest in any matter pending before the board shall disclose the fact to the board and shall not vote upon the matter. (7) Any licensee, registrant, or certificate holder against whom a malpractice claim is settled or a judgment rendered in a court of competent jurisdiction shall notify the board that Colorado Revised Statutes 2024 Uncertified Printout 29 licenses, registers, or certifies the licensee, registrant, or certificate holder pursuant to this article 245 of the judgment or settlement within sixty days after the disposition. (8) Any licensee, registrant, or certificate holder who has direct knowledge that a licensee, registrant, or certificate holder has violated section 12-245-224 or 12-245-228 has a duty to report the violation to the board that licenses, registers, or certifies the licensee, registrant, or certificate holder pursuant to this article 245 unless reporting the violation would violate the prohibition against disclosure of confidential information without client consent pursuant to section 12-245-220. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1246, § 1, effective October 1. L. 2020: (2)(d)(I) amended, (HB 20-1206), ch. 304, p. 1531, § 16, effective July 14. Editor's note: This section is similar to former § 12-43-224 as it existed prior to 2019. 12-245-227. Reconsideration and review of action of a board. A board, on its own motion or upon application, at any time after the imposition of any discipline as provided in section 12-245-226, may reconsider its prior action and reinstate or restore the license, registration, or certification; terminate probation; or reduce the severity of its prior disciplinary action. The board has sole discretion to determine whether to take further action or hold a hearing with respect to its prior disciplinary action. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1250, § 1, effective October 1. Editor's note: This section is similar to former § 12-43-225 as it existed prior to 2019. 12-245-228. Unauthorized practice - penalties. (1) Any person who practices or offers or attempts to practice as a psychologist, social worker, marriage and family therapist, licensed professional counselor, psychotherapist, or addiction counselor without an active license, registration, or certification issued under this article 245 is subject to penalties pursuant to section 12-20-407 (1)(a). (2) No action may be maintained for the breach of a contract involving the unlawful practice of psychology, social work, professional counseling, marriage and family therapy, addiction counseling, or psychotherapy or for the recovery of compensation for services rendered under such a contract. (3) When an individual has been the recipient of services prohibited by this article 245, whether or not the person knew that the rendition of the services were unlawful: (a) The person or the person's personal representative is entitled to recover the amount of any fee paid for the services; and (b) Damages for injury or death occurring as a result of the services may be recovered in an appropriate action without any showing of negligence. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1250, § 1, effective October 1. Colorado Revised Statutes 2024 Uncertified Printout 30 Editor's note: This section is similar to former § 12-43-226 as it existed prior to 2019. 12-245-229. Licensee duties relating to assistance animals - definitions. (1) A licensee who is approached by a patient seeking an assistance animal as a reasonable accommodation in housing shall either: (a) Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or (b) Make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the animal. (2) This section does not: (a) Change any laws or procedures related to a service animal under Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended; (b) Affect in any way the right of pet ownership in public housing established in 42 U.S.C. sec. 1437z-3, as amended; or (c) Limit the means by which a person with a disabi