PSYCHOLOGIST EXAMINERS RULES AND REGULATIONS
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Code of Colorado Regulations › 700 Department of Regulatory Agencies › 721 Division of Professions and Occupations - Board of Psychologists Examiners › 3 CCR 721-1
Text
1
Department of Regulatory Agencies
State Board of Psychologists Examiners
PSYCHOLOGIST EXAMINERS RULES AND REGULATIONS
3 CCR 721-1
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
AUTHORITY
These Rules are promulgated pursuant to sections 12-20-204(1), 12-245-204(4)(a) and
12-245-222(2), C.R.S.
The licensing and regulation of Mental Health Professionals is found in Title 12
(“Professions and Occupations”), Article 245 (“Mental Health”) of the Colorado Revised
Statutes (“Mental Health Practice Act”). Article 245 consists of eight parts summarized,
as applicable, as follows:
Part
Name of Part
Statutes in Part
Part 1
Legislative Declaration
12-245-101
Part 2
General Provisions
12-245-202 - 12-245-
234
Part 3
Psychologists
12-245-301 - 12-245-
306
Part 2 contains general provisions applicable to all Mental Health Professionals. Part 3
applies specifically to psychologists.
PURPOSE AND SCOPE
These Rules were promulgated in order to carry out the powers and duties of the State
Board of Psychologist Examiners pursuant to sections 12-20-204(1), 12-245-204 and
12-245-302, C.R.S. These Rules affect every person seeking Colorado licensure as a
psychologist and every person who practices as a licensed psychologist in the State of
Colorado, and who is not statutorily exempted.
1.1
DEFINITIONS
In addition to the definitions set out in sections 12-245-202 and 12-245-301, C.R.S.,
unless the context requires otherwise, as used in these Rules:
A.
“The Board” means the State Board of Psychologist Examiners established
pursuant to section 12-245-302, C.R.S.
B.
“Director” means the Board's Program Director and staff.
Code of Colorado Regulations
Secretary of State
State of Colorado
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245-301, C.R.S.,
unless the context requires otherwise, as used in these Rules:
A.
“The Board” means the State Board of Psychologist Examiners established
pursuant to section 12-245-302, C.R.S.
B.
“Director” means the Board's Program Director and staff.
Code of Colorado Regulations
Secretary of State
State of Colorado
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C.
“Employment counseling” means professional activities that are provided on a
short-term basis and that are intended to assist individuals with locating, applying
for, interviewing, or otherwise successfully securing paid employment.
D.
“License in good standing” means a license that is not restricted in any manner.
E.
“Licensee” as contemplated under section 12-245-225(2), C.R.S., shall include
any person who has been licensed as a psychologist or a psychologist candidate
at any time under the Mental Health Practice Act pursuant to section 12-245-301,
et seq., C.R.S.
F.
“Rehabilitation counseling” means professional activities that are intended to
assist a person with a physical handicap, defect, or injury as defined in sections
26-8-105(2)(a), (b), or (c), C.R.S., to learn or to relearn to perform routine daily
functions including, but not limited to, eating, dressing, transportation, or
employment.
1.2
PUBLIC PARTICIPATION AT BOARD MEETINGS (C.R.S. §§ 12-20-204(1), 12-
245-204, 12-245-222)
A.
The Board may provide a person a reasonable opportunity to address the Board
at an open meeting if the request is made prior to the meeting in accordance with
this Rule and, in the Board's sole discretion, the granting of the request will not
result in delay or disruption of the Board's meeting.
B.
Except in unusual circumstances and in the Board's sole discretion, the Board
will rely exclusively on written materials during its initial consideration of inquiries
and shall not permit members of the public to address the Board on pending
disciplinary proceedings or cases.
C
he Board's sole discretion, the granting of the request will not
result in delay or disruption of the Board's meeting.
B.
Except in unusual circumstances and in the Board's sole discretion, the Board
will rely exclusively on written materials during its initial consideration of inquiries
and shall not permit members of the public to address the Board on pending
disciplinary proceedings or cases.
C.
The Board Chair may impose reasonable limitations on the time allotted for
comments made pursuant to this Rule.
1.3
CONFIDENTIALITY OF PROCEEDINGS AND RECORDS OF THE BOARD
(C.R.S. §§ 12-245-220, 12-245-222, 12-245-226(4))
A.
General. Inquiries, complaints, investigations, hearings, meetings, or any other
proceedings of the Board relating to disciplinary proceedings shall not be open to
public inspection until the Board meets for its initial consideration of the inquiry
that gave rise to the proceedings. The initial consideration of the inquiry and all
further proceedings shall be open and the records available for inspection unless
subsection (B) of this Rule, or an exception to the Public Records Act or the
Open Meetings Act applies or section 12-245-226(4), C.R.S., prohibits
disclosure.
B.
Subpoenaed Information. Information subpoenaed by the Board shall remain
confidential and not be open to public inspection until the Board has reviewed the
information and made a determination whether the information should remain
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the
Open Meetings Act applies or section 12-245-226(4), C.R.S., prohibits
disclosure.
B.
Subpoenaed Information. Information subpoenaed by the Board shall remain
confidential and not be open to public inspection until the Board has reviewed the
information and made a determination whether the information should remain
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confidential. Information which is not determined to be confidential shall be open
to public inspection unless an exception to subsection (a) an exception to the
Public Records Act or the Open Meetings Act applies or section 12-245-226(4),
C.R.S., prohibits disclosure. This exception shall not apply to review of
information by a respondent in a Board investigation.
1.4
DECLARATORY ORDERS (C.R.S. § 24-4-105(11))
A.
Any person may petition the Board for a declaratory order to terminate a
controversy or to remove uncertainty as to the applicability to the petitioner of any
statutory provision or of any Board Rule or Order.
B.
A petition filed pursuant to this Rule shall set forth the following:
1.
The name and address of the petitioner and whether the petitioner is a
Licensee.
2.
The statute, rule, or order to which the petition relates.
3.
A concise statement of all facts necessary to show the nature of the
controversy or uncertainty and the manner in which the statute, rule, or
order in question applies or potentially applies to the petitioner.
C.
The Board will determine, in its discretion and without notice to petitioner,
whether to rule on a petition. In determining whether to rule on a petition, the
Board will consider the following matters, among others:
1.
Whether a ruling on the petition will terminate a controversy or remove
uncertainty as to the applicability to petitioner of any statutory provision or
Board Rule or Order.
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er.
C.
The Board will determine, in its discretion and without notice to petitioner,
whether to rule on a petition. In determining whether to rule on a petition, the
Board will consider the following matters, among others:
1.
Whether a ruling on the petition will terminate a controversy or remove
uncertainty as to the applicability to petitioner of any statutory provision or
Board Rule or Order.
2.
Whether the petition involves any subject, question, or issue that is the
subject of a formal or informal matter, proceeding, or investigation
involving the petitioner and currently pending before the Board, any other
agency, or a court.
3.
Whether the petition involves any subject, question, or issue that is the
subject of a formal or informal matter, proceeding, or investigation
currently pending before the Board, any other agency, or a court, but not
involving the petitioner.
4.
Whether the petition seeks a ruling on a moot or hypothetical question or
will result in an advisory ruling or opinion.
5.
Whether the petitioner has some other adequate legal remedy, other than
an action for declaratory relief pursuant to Rule 57, Colorado Rules of Civil
Procedure, that will terminate the controversy or remove any uncertainty
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as to the applicability to the petitioner of the statute, rule, or order in
question.
D.
If the Board determines, in its discretion, that it will not rule on the petition
pursuant to this Rule, the Board shall promptly notify the petitioner of its action
and state the reasons for such action.
E.
If the Board determines, in its discretion, that it will rule on the petition, any ruling
of the Board will apply only to the facts presented in the petition and any
amendment to the petition. If the Board rules on the petition without a hearing, it
shall notify the petitioner of its decision within 120 days.
In ruling on the petition, the Board may take one or more of the following actions,
in its discretion:
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termines, in its discretion, that it will rule on the petition, any ruling
of the Board will apply only to the facts presented in the petition and any
amendment to the petition. If the Board rules on the petition without a hearing, it
shall notify the petitioner of its decision within 120 days.
In ruling on the petition, the Board may take one or more of the following actions,
in its discretion:
1.
The Board may dispose of the petition on the basis of the matters set out
in the petition.
2.
The Board may request the petitioner to submit additional facts, in writing.
In this event, the additional facts amend the petition.
3.
The Board may order the petitioner to file a written brief, memorandum, or
statement of position.
4.
The Board may set the petition for hearing, upon due notice to petitioner,
to obtain additional facts or information; to determine the truth of any facts
set forth in the petition; or to hear oral argument on the petition. The notice
to the petitioner setting the hearing shall state, to the extent known, the
factual or other matters into which the Board intends to inquire. For the
purpose of the hearing, to the extent necessary, the petitioner shall have
the burden of proving all facts stated in the petition; all facts necessary to
show the nature of the controversy or uncertainty; the manner in which the
statute, rule, or order in question applies or potentially applies to the
petitioner; and any other facts the petitioner desires the Board to consider.
F.
If the Board determines that the petition addresses a matter within the purview of
any other agency, the Board shall refer the petition to the other agency for
consideration. If the Board refers a petition to another agency, the Board shall
promptly inform the petitioner of the referral. The referral ends the matter before
the Board.
G.
The parties to any proceeding pursuant to this Rule shall be the Board and the
petitioner. Any other person may seek leave of the Board to intervene in such a
proceeding
rd shall refer the petition to the other agency for
consideration. If the Board refers a petition to another agency, the Board shall
promptly inform the petitioner of the referral. The referral ends the matter before
the Board.
G.
The parties to any proceeding pursuant to this Rule shall be the Board and the
petitioner. Any other person may seek leave of the Board to intervene in such a
proceeding. A petition to intervene shall set forth the matters required by
subsection (c) of this Rule. Based on the information presented and in its
discretion, the Board may grant leave to intervene. Any reference to “petitioner”
in this Rule includes any person who has been granted leave to intervene by the
Board.
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H.
Any declaratory order or other order disposing of a petition pursuant to this Rule
shall constitute final agency action subject to judicial review pursuant to section
24-4-106, C.R.S.
1.5
MANDATORY DISCLOSURE STATEMENT (C.R.S. §§ 12-245-216, 12-245-
224(1)(p))
A.
As used in section 12-245-216, C.R.S., and this Rule,
1.
If the recipient of psychotherapy or mental health services is an adult for
whom a guardian or legal representative has been appointed by a court of
competent jurisdiction (irrespective of an appeal of the order) because the
adult is an “incapacitated person” within the meaning of section 15-14-
101(1), C.R.S., the mandatory disclosure is made to the guardian or legal
representative.
2.
“Emergency” means those situations in which, on presentation, the client's
condition requires immediate intervention and/or stabilization.
1.6
INFORMATION REQUIRED TO BE REPORTED TO THE BOARD (C.R.S. § 12-
245-226(8))
A.
General
se the
adult is an “incapacitated person” within the meaning of section 15-14-
101(1), C.R.S., the mandatory disclosure is made to the guardian or legal
representative.
2.
“Emergency” means those situations in which, on presentation, the client's
condition requires immediate intervention and/or stabilization.
1.6
INFORMATION REQUIRED TO BE REPORTED TO THE BOARD (C.R.S. § 12-
245-226(8))
A.
General. Psychologists are required to report violations of sections 12-245-224
and/or 12-245-228, C.R.S., to the appropriate Board once they have direct
knowledge that a licensee as defined by section 12-245-202(8), C.R.S., a
certificate holder as defined by section 12-245-202(2), or a registrant as defined
by section 12-245-202(16), C.R.S., has violated a provision of section 12-245-
224 or 12-245-228, C.R.S., to include conversion therapy with a client under the
age of 18 years old prohibited per section 12-245-224(1)(t)(V), C.R.S.
Psychologists are not required to report when reporting would violate
client/therapist confidentiality (refer to section 12-245-220, C.R.S.).
B.
Terms.
1.
“Direct knowledge” includes, but is not limited to the following
a.
Having seen, heard, or participated in the alleged violation;
b.
Having been informed by the client/victim and obtained informed
consent to release information as to the event or the client's name;
c.
Having been informed of a violation by the violator;
d.
Having been informed by a guardian of a minor or adult and
obtained informed consent from the guardian to release
information; or
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ving been informed by the client/victim and obtained informed
consent to release information as to the event or the client's name;
c.
Having been informed of a violation by the violator;
d.
Having been informed by a guardian of a minor or adult and
obtained informed consent from the guardian to release
information; or
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e.
Having been informed by a professional organization, agency, or
any other entity, that an alleged violation occurred.
2.
“Has violated” means a reasonable belief that a Licensee, certified
addiction counselor, or unlicensed psychotherapist has engaged in a
prohibited activity under section 12-245-224, C.R.S., or the unauthorized
practice as prohibited under section 12-245-228, C.R.S.
C.
Procedures.
1.
Once direct knowledge is established, the psychologist must report the
alleged violation as soon as possible or, absent unusual circumstances,
no later than sixty (60) days.
2.
When direct knowledge of a violation of section 12-245-224 or 12-245-
228, C.R.S., is obtained from their client, the psychologist shall:
a.
Inform the client a violation may have occurred;
b.
Encourage the client to report the violation; and
c.
Obtain the client's informed consent before reporting the alleged
violation.
3.
The report shall be in writing and shall include the specifics of the
violation, to the degree known, and any and all relevant information and
supporting documentation.
D.
Nothing in this Rule relieves any mental health professional from adhering to any
other mandatory reporting requirements mandated by statute.
1.7
SUPERVISION OF MENTAL HEALTH PRACTITIONERS AND SUPERVISORY
RELATIONSHIPS (C.R.S. §§ 12-245-222(2), 12-245-224(1)(n))
A.
General. Supervision provides a source of knowledge, expertise, and more
advanced skills to the person being supervised. The nature of this relationship
depends on the respective skills of the two professionals involved, the client
population and/or the specific client being served
PERVISION OF MENTAL HEALTH PRACTITIONERS AND SUPERVISORY
RELATIONSHIPS (C.R.S. §§ 12-245-222(2), 12-245-224(1)(n))
A.
General. Supervision provides a source of knowledge, expertise, and more
advanced skills to the person being supervised. The nature of this relationship
depends on the respective skills of the two professionals involved, the client
population and/or the specific client being served. It is usually ongoing, required,
and hierarchical in nature. This Rule does not apply to the supervision required
prior to licensure as a psychologist.
B.
Terms.
1.
Clinical supervision occurs when there is close, ongoing review and
direction of a supervisee's clinical practice.
2.
Consultation describes a voluntary relationship between professionals of
relative equal expertise or status wherein the consultant offers their best
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advice or information on an individual case or problem for use by the
consultee as they deem appropriate in their professional judgment.
3.
Administrative supervisor is the person who bears responsibility for the
non-clinical functioning of an employee, such as performance appraisals,
personnel decisions, etc. The administrative supervisor may be held
accountable for not reporting misconduct by a psychologist when they
knew or should have known of a violation of generally accepted standards
of practice or any prohibited activity.
4.
Modes of Supervision include but are not be limited to individual, group,
telephone, electronic mail, audio-visual, process recording, direct
observation, telesupervision, telecommunication (teleconferencing, fax,
videotapes), and hospital rounds. The appropriate modality of supervision
shall be determined by the training, education, and experience of the
supervisee, and the treatment setting (i.e. urban/rural, or the availability of
resources, etc.); and at all times based on community standards and client
needs
ocess recording, direct
observation, telesupervision, telecommunication (teleconferencing, fax,
videotapes), and hospital rounds. The appropriate modality of supervision
shall be determined by the training, education, and experience of the
supervisee, and the treatment setting (i.e. urban/rural, or the availability of
resources, etc.); and at all times based on community standards and client
needs. The level of supervision provided, including whether every case is
directly supervised and whether the supervisor meets with the client, is
determined by the education, training, and experience of the supervisee,
the specific needs of the clients being served, and the professional
judgment of the supervisor. Nothing in this Rule should be assumed to
abridge the rights of the client to a reasonable standard of care.
C.
Supervision Shall Include But is Not Limited To The Following:
1.
Monitoring the supervisee's activities to verify they are providing services
that meet generally accepted standards of practice.
2.
Verifying that it is the practice of any supervisee to provide the mandatory
disclosure form as required pursuant to section 12-245-216, C.R.S.
3.
If appropriate, verifying that clients are informed as to any changes in the
supervisory relationship.
4.
Giving an adequate termination of supervision notice to the supervisee.
5.
Keeping records that document supervision that meet the generally
accepted standards of practice.
6.
Assisting the supervisee in becoming aware of and adhering to all legal,
ethical, and professional responsibilities.
7.
Assuring that no inappropriate relationships exist between the supervisor
and supervisee, and supervisor and client.
8.
Assuring the supervisee meets any licensing, certification or registration
requirements prior to engaging in any psychotherapy.
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d adhering to all legal,
ethical, and professional responsibilities.
7.
Assuring that no inappropriate relationships exist between the supervisor
and supervisee, and supervisor and client.
8.
Assuring the supervisee meets any licensing, certification or registration
requirements prior to engaging in any psychotherapy.
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9.
Assisting to assure that the supervisee is in compliance with the Mental
Health Practice Act.
10.
Verifying and assuring the supervisee is in compliance with any existing
restricted licensure, certification or registration status or probation.
D.
Supervisor Qualifications.
1.
The supervisor shall have sufficient knowledge of legal, ethical, and
professional standards relevant to the clients being served.
2.
The supervisor shall have clinical experience and competence adequate
to perform and direct the services provided by the supervisee.
1.8
REPORTING CHANGE OF ADDRESS, TELEPHONE NUMBER, OR NAME
(C.R.S. §§ 12-20-204(1), 12-245-204, 12-245-206)
Change of address, telephone number, or name.
A.
Licensees shall inform the Division of any name, telephone number or address
change within thirty days of such change. Staff shall not change Licensees’
information without written notification from the Licensee. Notification via mail,
fax, email and the online system is acceptable. Verbal notification is not
acceptable.
B.
Any of the following documentation is required to change a Licensee’s name or
correct a social security number or individual taxpayer identification number:
marriage license, divorce decree, court order, or documentation from the Internal
Revenue Service verifying the licensee’s valid individual taxpayer identification
number. A driver’s license or social security card with a second form of
identification may be acceptable at the discretion of the Director of Support
Services.
1.9
DUPLICATE OR REPLACEMENT LICENSE (C.R.S. §§ 12-245-206, 12-245-
209)
A
marriage license, divorce decree, court order, or documentation from the Internal
Revenue Service verifying the licensee’s valid individual taxpayer identification
number. A driver’s license or social security card with a second form of
identification may be acceptable at the discretion of the Director of Support
Services.
1.9
DUPLICATE OR REPLACEMENT LICENSE (C.R.S. §§ 12-245-206, 12-245-
209)
A.
Upon licensure and at renewal, the Division will issue only one license to a
Licensee. The Division may issue a duplicate license if the Licensee submits a
written request along with the required fee.
B.
Justification for issuance of a duplicate license may be include if the original was
lost, stolen, damaged, never received, or printed with the incorrect information, or
if the address or name has changed.
C.
A duplicate license may also be issued for those licensees who require multiple
licenses.
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1.10 RENEWAL OF LICENSE (C.R.S. § 12-245-205(3))
A.
Failure to Receive Renewal Notice. Failure to receive notice for renewal of
license or registration from the Board does not excuse a Licensee from the
requirement for renewal under the Act and this Rule.
B.
Grace period. Licensees shall have a sixty-day grace period after the expiration
of their license to renew such license or registration without the imposition of a
disciplinary sanction for practicing on an expired license. During this grace period
a delinquency fee will be charged for late renewals. A Licensee who does not
renew their license within the sixty-day grace period shall be treated as having an
expired license and shall be ineligible to practice until such license is reinstated.
C.
Military Active Duty
or registration without the imposition of a
disciplinary sanction for practicing on an expired license. During this grace period
a delinquency fee will be charged for late renewals. A Licensee who does not
renew their license within the sixty-day grace period shall be treated as having an
expired license and shall be ineligible to practice until such license is reinstated.
C.
Military Active Duty. Licensees may be exempt from licensing requirements as
provided in section 12-20-302, C.R.S., including but not limited to, military
personnel who have been called to federally funded active duty for more than
120 days for the purpose of serving in a war, emergency, or contingency from the
payment of any professional or occupational license, certification or registration
fees, including renewal fees, and from continuing education for a renewal cycle
that falls within the period of service within the six months following the
completion of service in the war, emergency or contingency.
1.11 AUTHORITY TO INVESTIGATE (C.R.S. §§ 12-20-204(1), 12-245-204)
An application for initial license or registration, for renewal of a license or registration, or
for reinstatement of a license or registration is an express grant to the Board of full
authority to make any investigation or personal contact necessary to verify the
authenticity of the matters and information stated in the application. If the Board so
requests, the applicant must supply verification, documentation and/or complete
information on any disciplinary action taken against the applicant in any jurisdiction.
1.12 OCCUPATIONAL CREDENTIAL PORTABILITY PROGRAM (C.R.S. §§ 12-245-
207 and 12-20-202(3))
A.
General. To be considered for licensure by endorsement under section 12-245-
207, C.R.S., an applicant must submit a completed application form, all
supporting documentation, and the appropriate fee.
B.
Complaints/inquiries, investigations, disciplinary actions
en against the applicant in any jurisdiction.
1.12 OCCUPATIONAL CREDENTIAL PORTABILITY PROGRAM (C.R.S. §§ 12-245-
207 and 12-20-202(3))
A.
General. To be considered for licensure by endorsement under section 12-245-
207, C.R.S., an applicant must submit a completed application form, all
supporting documentation, and the appropriate fee.
B.
Complaints/inquiries, investigations, disciplinary actions. The Board may decline
to issue a license to an applicant for licensure by endorsement pursuant to the
Occupational Credential Portability Program the Board demonstrates by a
preponderance of evidence, after notice and opportunity for a hearing, that the
applicant:
1.
Lacks the requisite substantially equivalent experience or credentials to
practice psychology; or
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2.
Has committed an act that would be grounds for disciplinary action under
the law governing the practice of psychology.
C.
Criteria. In accordance with section 12-20-202(3), C.R.S., an applicant who
possesses a current and unrestricted license, in good standing, to practice
psychology in another state or United States territory or through the federal
government, or holds a military occupational specialty, as defined in section 24-
4-201, C.R.S., may apply to the Board for licensure by endorsement pursuant to
the Occupational Credential Portability Program. To apply for endorsement, the
applicant must satisfy the following criteria:
1.
Applicant submits to the Board:
a.
Satisfactory proof that:
(1)
Applicant holds a doctoral degree in psychology or a
doctoral degree with a major that was determined by the
licensing, certifying, listing or registering jurisdiction to be
equivalent to a major in psychology.
(2)
Applicant attests that one (or more) of the jurisdictions by
which they have been licensed, registered, listed, or
certified:
icant submits to the Board:
a.
Satisfactory proof that:
(1)
Applicant holds a doctoral degree in psychology or a
doctoral degree with a major that was determined by the
licensing, certifying, listing or registering jurisdiction to be
equivalent to a major in psychology.
(2)
Applicant attests that one (or more) of the jurisdictions by
which they have been licensed, registered, listed, or
certified:
(i)
Required a written examination, the content of which
tested competence to practice psychology (including
the three areas outlined in section 12-245-304(2)(b),
C.R.S.). The applicant may rely on an examination
given and passed in a jurisdiction other than the
jurisdiction from which they seek licensure by
endorsement; or
(ii)
If a written examination was not required by the
jurisdiction at the time the applicant was originally
licensed, the Board will accept as substantially
equivalent to this qualification attestation that the
applicant has a record of practicing psychology at the
independent level for at least twenty years, in any
Association of State and Provincial Psychology
Boards (ASPPB) jurisdiction under the authority of a
license which is based on a receipt of a doctoral
degree in psychology.
(3)
Applicant attests that they had one year of post-doctoral
experience practicing psychology under supervision prior to
licensure, certification, listing or registration in the jurisdiction
through which the applicant seeks licensure in Colorado; or
the applicant attests to the Board their active practice of
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psychology for one year, as defined below: “Active practice
of psychology” means the applicant has engaged in the
practice of psychology for at least twenty hours per week
averaged over the entire time they have been engaged in
practice.
e in Colorado; or
the applicant attests to the Board their active practice of
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psychology for one year, as defined below: “Active practice
of psychology” means the applicant has engaged in the
practice of psychology for at least twenty hours per week
averaged over the entire time they have been engaged in
practice.
(4)
Applicant attests that post-degree experience hours obtained
for licensure in another jurisdiction has substantially similar
requirements to what is outlined in Board Rule 1.14
Licensure by Examination. The Board may consider a
combination of post-degree hours and practice experience
on a case-by-case basis; or
b.
Satisfactory proof that the applicant has held for at least one year a
current and unrestricted license, in good standing, to practice
psychology in another jurisdiction with a scope of practice that is
substantially similar to the scope of practice for psychologists as
specified in Part 3 of Article 245 of Title 12, C.R.S., and these rules.
2.
Applicant must attest that they:
a.
Have reported to the Board any injunction entered against them
and any injunctive action pending against them on any license.
b.
Have reported any malpractice judgment, settlement, or claim, and
any pending action or claim.
c.
Have reported any pending complaint, investigation, or disciplinary
proceeding before the licensing, grievance, or disciplinary Board of
any jurisdiction in which a license, registration or certification to
practice psychology is held and where the complaint, investigation,
or proceeding concerns the practice of psychology.
d.
Have reported any applicable misdemeanor or felony conviction(s).
e.
Have reported to the Board any prior disciplinary action by another
jurisdiction.
3.
Applicant submits verification of licensure from each jurisdiction(s) in
which, and each federal agency and military service branch through
which, applicant has ever been licensed, registered, listed or certified
ns the practice of psychology.
d.
Have reported any applicable misdemeanor or felony conviction(s).
e.
Have reported to the Board any prior disciplinary action by another
jurisdiction.
3.
Applicant submits verification of licensure from each jurisdiction(s) in
which, and each federal agency and military service branch through
which, applicant has ever been licensed, registered, listed or certified. The
verification can be retrieved by the applicant from the jurisdiction’s website
as long as the following information is included and can be verified if
necessary:
a.
Date license was originally issued.
b.
Date of license expiration.
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c.
Disciplinary history, if applicable.
If the complete information is not available then the Verification of License
Form must be completed by each state, federal agency, or military service
branch.
4.
Applicant submits proof that they are at least twenty-one years of age.
5.
Exemptions
a.
An applicant who is currently credentialed as a health service
provider in psychology in good standing by the National Register of
Health Service Providers in Psychology, or is currently a Diplomate
(Board Certified) in good standing of the American Board of
Professional Psychology (ABPP), and has a record of practicing
psychology at the independent level for at least five years in any
Association of State and Provincial Psychology Boards (ASPPB)
jurisdiction under the authority of a license which is based on
receipt of a doctoral degree in psychology shall be deemed to meet
the criteria set forth in the foregoing paragraphs (4) and (5) of this
subsection (C).
b.
An applicant who has a current Certificate of Professional
Qualifications (CPQ) issued by the Association of State and
Provincial Psychology Boards (ASPPB) in good standing, shall be
deemed to meet the criteria set forth in the foregoing paragraphs
pt of a doctoral degree in psychology shall be deemed to meet
the criteria set forth in the foregoing paragraphs (4) and (5) of this
subsection (C).
b.
An applicant who has a current Certificate of Professional
Qualifications (CPQ) issued by the Association of State and
Provincial Psychology Boards (ASPPB) in good standing, shall be
deemed to meet the criteria set forth in the foregoing paragraphs
(1) through (5) of this subsection (C).
D.
Jurisprudence Examination. Applicants for both licensure and candidate
registration shall be required to pass a Board developed jurisprudence
examination.
1.13 REINSTATEMENT OF A LICENSE (C.R.S. § 12-245-205)
A.
General. A license or registration that has expired is subject to the following
reinstatement provisions.
B.
Application Requirements. To be considered for licensure or registration
reinstatement, an applicant must submit a completed reinstatement application
form, and the reinstatement fee.
C.
Required statements. Each applicant for reinstatement shall certify the following:
1.
Every license, certificate, listing or registration to practice psychology held
by applicant is in good standing;
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2.
Applicant has reported to the Board any injunction or disciplinary action
completed or pending against their license, certificate, registration, or
listing to practice psychology or psychotherapy;
3.
Applicant has reported to the Board any malpractice judgment against
them, any settlement of a malpractice action or claim against them, and
any malpractice action or claim pending against them in which the
malpractice alleged relates to their practice of psychology or
psychotherapy;
4
pending against their license, certificate, registration, or
listing to practice psychology or psychotherapy;
3.
Applicant has reported to the Board any malpractice judgment against
them, any settlement of a malpractice action or claim against them, and
any malpractice action or claim pending against them in which the
malpractice alleged relates to their practice of psychology or
psychotherapy;
4.
Applicant has reported to the Board any inquiry/complaint pending,
investigation being conducted by, or disciplinary proceeding pending
before the licensing, grievance, or disciplinary board of any jurisdiction in
which they are licensed, certified, registered, or listed to practice
psychology or psychotherapy in which the complaint, investigation, or
proceeding concerns their practice of psychology or psychotherapy.
D.
Pending discipline or complaints. The Board may decline to issue a license to an
applicant for reinstatement if disciplinary action is pending or if there is an
unresolved complaint.
E.
Continuing Professional Competence. Pursuant to section 12-245-307, C.R.S.,
effective September 1, 2017, a licensed psychologist shall complete continuing
professional development in order to reinstate a license.
1.
An applicant for reinstatement must comply with all continuing
professional development requirements pursuant to Rule 1.20 within the
two years immediately preceding the application receipt date.
2.
An applicant for reinstatement applying between September 1, 2017, and
August 31, 2019, must complete 1.67 continuing professional
development hours per month for the period the license was expired.
F.
Criteria. The Board has established the following criteria for determining whether
an applicant for reinstatement has demonstrated their continued professional
competence as required by section 12-245-205(3), C.R.S. An applicant must
meet all applicable criteria to establish their continued professional competence.
1.
License expired more than two years
h for the period the license was expired.
F.
Criteria. The Board has established the following criteria for determining whether
an applicant for reinstatement has demonstrated their continued professional
competence as required by section 12-245-205(3), C.R.S. An applicant must
meet all applicable criteria to establish their continued professional competence.
1.
License expired more than two years. An applicant whose license has
been expired more than two years shall pass a Board developed
jurisprudence examination and demonstrate their continued professional
competence by either:
a.
Completion of an average of twenty Professional Development
Hours (PDH) pursuant to section 12-245-307(2)(b), C.R.S., and
Rule 1.20 for each year the license has been expired (1.67 for each
month); or
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b.
Retaking and passing the Examination for Professional Practice in
Psychology (EPPP) national examination; or.
c.
If an applicant for reinstatement has been licensed and performing
work in another jurisdiction that does not require continuing
professional development then verification of licensure from each
jurisdiction is required as well as a written statement detailing work
experience related to the practice of psychology during the time the
Colorado license has been expired.
d.
Any other means approved by the Board.
1.14 LICENSURE BY EXAMINATION (C.R.S. § 12-245-304)
A.
Criteria for application.
1.
The applicant must submit to the Board a completed application for
licensure, all fees, official transcript(s), and all supporting documentation
required by the Board in order for the Board to review the application for
licensure.
2.
Applications for licensure remain active for one (1) year. If the applicant
fails to become licensed within this time period, they must submit a new
application and fee and must meet the educational, experience, and
examination requirements in effect at the time of the date of the new
application
documentation
required by the Board in order for the Board to review the application for
licensure.
2.
Applications for licensure remain active for one (1) year. If the applicant
fails to become licensed within this time period, they must submit a new
application and fee and must meet the educational, experience, and
examination requirements in effect at the time of the date of the new
application. The Board, in its sole discretion, may extend an application
upon written request accompanied by a showing of good cause.
3.
An applicant for licensure must pass the required examination no more
than five (5) years prior to the date of the application for licensure.
Experience and supervision requirements that predate the application by
more than five (5) years will not be accepted by the Board absent a
showing of good cause, as determined by the Board. However, this may
not apply in those exceptions allowable under statutes concerning
psychologist candidates.
4.
All applicants for licensure have a continuing obligation to update their
application with information changes from the original application at any
time prior to licensure.
5.
All applicants for licensure shall submit, at the time of application, the
results of a name-based criminal history check from the Colorado Bureau
of Investigations with the application.
a.
The name-based criminal history check shall comply with section
22-2-119.3 (6)(d), C.R.S.
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tion at any
time prior to licensure.
5.
All applicants for licensure shall submit, at the time of application, the
results of a name-based criminal history check from the Colorado Bureau
of Investigations with the application.
a.
The name-based criminal history check shall comply with section
22-2-119.3 (6)(d), C.R.S.
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b.
The name-based criminal history check shall be completed no
earlier than 60 days prior to the date of application.
B.
Education and Training Requirements. Many graduate programs in psychology
go under other names. Some programs labeled as psychology are not primarily
focused on psychology. The Board has therefore established the following
factors to determine whether a particular program from which an applicant for
licensure received the doctoral degree qualifies as a doctoral program with a
major in psychology or its equivalent in compliance with sections 12-245-
304(1)(c) and 12-245-301(1) and (5), C.R.S. To meet the statutory requirements,
the doctoral program must meet either (1) or (2), below:
1.
Accredited program. The applicant obtained a doctoral degree from a
program that was accredited by the American Psychological Association
(APA); or
2.
Equivalent program. The applicant received a doctoral degree from a
graduate training program that, at the time they were enrolled and
received their degree, fulfilled the equivalency degree requirements used
to define a psychology graduate training program. An applicant asserting a
program equivalent to an APA-accredited program in psychology must
furnish to the Board evidence in support of the equivalency. Evidence may
include narrative descriptions of course-work, institutional documents
published contemporaneously with the applicant's enrollment, appropriate
certifications or affidavits from university officials, dissertation abstracts,
and any other evidence the applicant deems useful. The Board may
request additional information from the applicant
he Board evidence in support of the equivalency. Evidence may
include narrative descriptions of course-work, institutional documents
published contemporaneously with the applicant's enrollment, appropriate
certifications or affidavits from university officials, dissertation abstracts,
and any other evidence the applicant deems useful. The Board may
request additional information from the applicant.
All of the following requirements shall be considered in order to establish
equivalency:
a.
The required doctoral level study and doctoral degree were
obtained from a regionally accredited institution of higher learning;
b.
The program in psychology stood as a coherent and recognizable
entity within the institution, offering an integrated and organized
sequence of study planned to provide appropriate training for the
practice of psychology;
c.
There was an identifiable full-time faculty, with an individual
responsible for the program who was a full-time faculty member
and who met the requirements for approval as a supervisor or a
person who presents proof satisfactory to the Board, that at the
time of serving as the faculty member, they possessed essentially
the same education, experience, and training as that necessary to
qualify for licensure under the Act.
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d.
The program had an identifiable body of students who were
matriculated in that program for a degree;
e.
The doctoral program included examination and grading
procedures designed to evaluate the degree of mastery of the
subject matter by the students;
f.
The curriculum encompassed a minimum of three academic years
of full-time graduate study including the following substantive
content areas:
(1)
Professional ethics and standards;
(2)
Research design and methodology: techniques of data
analysis, inferential statistics, descriptive statistics, research
implementation, program evaluation and assessment;
stery of the
subject matter by the students;
f.
The curriculum encompassed a minimum of three academic years
of full-time graduate study including the following substantive
content areas:
(1)
Professional ethics and standards;
(2)
Research design and methodology: techniques of data
analysis, inferential statistics, descriptive statistics, research
implementation, program evaluation and assessment;
(3)
Theories and methods of effective intervention: consultation,
supervision, evaluation of treatment efficacy;
(4)
Theories and methods of assessment and diagnosis;
(5)
Biological bases of behavior: physiological psychology,
neuropsychology, sensation and perception, comparative
psychology, psychopharmacology;
(6)
Cognitive-affective bases of behavior: learning, thinking,
motivation, and emotion;
(7)
Social bases of behavior: social psychology, group
processes, organizational and systems theory;
(8)
Individual differences: personality theory, human
development, abnormal psychology;
(9)
Issues of cultural and individual diversity.
(10)
If the course titles as stated on the transcript do not clearly
reflect the subject matters listed above, the applicant must
document the course or combination of courses in which the
material was covered.
g.
The program included supervised practicum and internship
appropriate to the practice of psychology.
(1)
Practicum. The minimum practicum experience is 400 hours,
of which at least 150 hours must have been in direct service
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17
experience and at least seventy-five hours in formally
scheduled supervision.
as covered.
g.
The program included supervised practicum and internship
appropriate to the practice of psychology.
(1)
Practicum. The minimum practicum experience is 400 hours,
of which at least 150 hours must have been in direct service
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experience and at least seventy-five hours in formally
scheduled supervision.
(2)
Internship. To be acceptable, internships in clinical
psychology must include at least a full-time experience,
either for one full-time calendar year or for two half-time
calendar years and must encompass at least 1,500
experience hours. To be acceptable, school and counseling
psychology internships must include at least a full-time
experience, for either an academic or calendar year or for
two half-time academic or calendar years and must
encompass at least 1,500 experience hours. To be
acceptable, internships must be accredited by the American
Psychological Association (APA) or be substantially
equivalent when compared with the guidelines and principles
for accreditation of internships published by the APA.
h.
Only graduate level courses are acceptable as establishing
equivalency. The Board will not accept coursework counted or
credited toward an undergraduate degree.
3.
Foreign-Trained Applicants. Foreign-trained applicants must submit
educational credentials to a credentialing agency utilized by the Board for
evaluation of equivalency. After course equivalency is established, the
Board will evaluate the educational credentials to determine whether or
not the program is equivalent to an APA-approved program.
C.
Post-Graduate Experience Requirements. The Board will approve a post-doctoral
supervised practice as meeting the requirements for licensure set out in section
12-245-304(1)(d), C.R.S., when that practice satisfies the requirements of this
subsection.
1.
Definitions. As used in section 12-245-304(1)(d), C.R.S., and in this Rule,
unless the context indicates otherwise:
a
an APA-approved program.
C.
Post-Graduate Experience Requirements. The Board will approve a post-doctoral
supervised practice as meeting the requirements for licensure set out in section
12-245-304(1)(d), C.R.S., when that practice satisfies the requirements of this
subsection.
1.
Definitions. As used in section 12-245-304(1)(d), C.R.S., and in this Rule,
unless the context indicates otherwise:
a.
“Individual supervision” means supervision rendered to one
individual at a time.
b.
“Group supervision” means supervision rendered to not more than
ten individuals at one time.
c.
“Post-doctoral experience” means experience under approved
supervision acquired subsequent to the date certified by the
degree-granting institution as that on which all requirements for the
doctoral degree have been completed.
d.
“Practice in “psychology” means all services included within the
definition of psychotherapy in section 12-245-202(14), C.R.S., and
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particularly those services and practices included within the
definition of psychological services in section 12-245-303, C.R.S.
e.
“Supervision” means personal direction and responsible direction
provided by a supervisor approved by the Board.
(1)
“Personal direction” means direction actually rendered by the
approved supervisor.
(2)
“Responsible direction” or “direction” means the approved
supervisor has sufficient knowledge of all clients for whom
supervision is provided, including face-to-face contact with
the client when necessary, to develop and to monitor
effective service delivery procedures and the supervisee’s
treatment plan. Further, all decision requiring the special
skill, knowledge, and/or training of a psychologist are made
in collaboration with, and with the approval of, the approved
supervisor
knowledge of all clients for whom
supervision is provided, including face-to-face contact with
the client when necessary, to develop and to monitor
effective service delivery procedures and the supervisee’s
treatment plan. Further, all decision requiring the special
skill, knowledge, and/or training of a psychologist are made
in collaboration with, and with the approval of, the approved
supervisor. Such decisions include, but are not limited to:
type, duration, effectiveness, and method of psychotherapy
services provided; fees and billing procedures; approval of
cases; and personal observation, evaluation, oversight,
review, and correction of services provided by the
supervisee.
f.
“Consultation” describes a voluntary relationship between
professionals of relative equal expertise or status wherein the
consultant offers their best advice or information on an individual
case or problem for use by the consultee as they deem appropriate
in their professional judgment. Consultation is not supervision.
Experience under contract for consultation will not be credited
toward fulfillment of supervision requirements.
2.
Certification of Completion. Each applicant shall file with the Board, upon
forms supplied by the Board, a verified statement signed under penalty of
law by their approved supervisor(s) attesting to the applicant’s satisfactory
completion of the required post-doctoral practice of psychotherapy under
supervision and attesting to the applicant’s having met the generally
accepted standards of practice during the supervised practice.
3.
Supervision.
a.
The Board will accept any of the following as a supervisor:
(1)
A licensed psychologist who, at the time of supervision, was
licensed by the Board in the jurisdiction in which the
applicant’s services were performed.
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et the generally
accepted standards of practice during the supervised practice.
3.
Supervision.
a.
The Board will accept any of the following as a supervisor:
(1)
A licensed psychologist who, at the time of supervision, was
licensed by the Board in the jurisdiction in which the
applicant’s services were performed.
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(2)
A psychiatrist certified by the American Board of Psychiatry
and Neurology and who was licensed as a physician who, at
the time of supervision, was licensed by the Board in the
jurisdiction in which the applicant’s services were performed,
who had completed a psychiatric residency at the time of the
supervision, and who certified to the Board their competence
in the same area as that in which the applicant received
post-doctoral experience practicing psychology under
supervision. For such supervision to count towards
licensure, it must have been conducted in accordance with
these Rules and the Act as determined by the Board. A
psychologist must supervise the psychological testing.
(3)
A psychologist may be approved as a supervisor, who, at the
time of the supervision, was licensed at the highest possible
level in another jurisdiction in which the applicant's services
were performed. The Board will consider post-degree
supervised experience obtained in another jurisdiction by an
individual who is not certified or licensed as a psychologist in
the other jurisdiction, if the jurisdiction in which such person
was practicing did not provide for such certification,
licensure, listing or registration. The applicant’s supervisor
shall document to the satisfaction of the Board their
competence in the same field of psychology as that in which
the applicant is seeking licensure.
b
individual who is not certified or licensed as a psychologist in
the other jurisdiction, if the jurisdiction in which such person
was practicing did not provide for such certification,
licensure, listing or registration. The applicant’s supervisor
shall document to the satisfaction of the Board their
competence in the same field of psychology as that in which
the applicant is seeking licensure.
b.
The approved supervisor shall keep records that will enable them to
effectively train, evaluate, and credit the applicant for licensure with
the exact number of hours of acceptable post-doctoral practice of
psychotherapy and the exact number of hours of supervision
completed in compliance with this Rule.
4.
Number of hours of post-doctoral experience practicing psychology under
supervision.
a.
The post-doctoral experience practicing psychology under
supervision cannot be completed in fewer than twelve months and
may involve supervision by more than one approved supervisor as
defined in these Rules.
b.
The one year of post-doctoral experience practicing psychology
under supervision required by section 12-245-304(1)(d), C.R.S.,
must have at least 1,500 clock hours obtained in such a manner
that they are reasonably uniformly distributed over a minimum of
twelve months.
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c.
The teaching of psychology may count for up to 500 hours of post-
doctoral experience practicing psychology under supervision and
up to twenty-five hours of supervision provided such teaching was
in courses in the same or similar field of psychology as the
competence area claimed by the applicant and that this experience
was supervised by a supervisor defined in these Rules.
d.
The post-doctoral experience obtained under the supervision of a
board-certified psychiatrist may count for up to 375 hours of
experience and up to 17.75 hours of supervision.
e
upervision provided such teaching was
in courses in the same or similar field of psychology as the
competence area claimed by the applicant and that this experience
was supervised by a supervisor defined in these Rules.
d.
The post-doctoral experience obtained under the supervision of a
board-certified psychiatrist may count for up to 375 hours of
experience and up to 17.75 hours of supervision.
e.
Research experience hours may count for up to 500 hours of post-
doctoral experience practicing psychology under supervision and
up to twenty-five hours of supervision provided such research
experience was performed in the same or similar field of
psychology as the competence area claimed by the applicant and
provided that this experience was supervised by an approved
supervisor.
f.
Training in the subject area of racial/ethnic bases of behavior must
count at least fifty hours of the post-doctoral experience practicing
psychology under supervision and three hours of supervision must
be focused in this area. Coursework may be substituted, as long as
the courses(s) submitted, is clearly documented and is equivalent
to three semester or five quarter hours of graduate level credit.
5.
Number of hours of post-doctoral supervision.
a.
Applicants must receive a minimum of seventy-five clock hours of
supervision, at least fifty of which must be face-to-face individual
supervision. The remaining hours up to the seventy-five hours may
only be by group supervision. No other modes of supervision will be
accepted.
b.
The post-doctoral supervision hours must be reasonably distributed
over a minimum of twelve months in a manner consistent with the
accrual of supervised post-doctoral experience.
D.
Examination. In accordance with sections 12-245-204(4)(b) and 12-245-304, et
seq., C.R.S., the Board establishes these requirements for the licensing
examination to demonstrate professional competence in psychology.
1.
Jurisprudence Examination
ion hours must be reasonably distributed
over a minimum of twelve months in a manner consistent with the
accrual of supervised post-doctoral experience.
D.
Examination. In accordance with sections 12-245-204(4)(b) and 12-245-304, et
seq., C.R.S., the Board establishes these requirements for the licensing
examination to demonstrate professional competence in psychology.
1.
Jurisprudence Examination. Applicants for both licensure and candidate
registration shall be required to pass a Board-developed jurisprudence
examination.
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2.
National Examination. The examination covering the general areas of
knowledge in psychology shall be administered under contract with the
Examination for Professional Practice in Psychology (EPPP).
3.
Application. An applicant for licensure shall apply directly to the
Association of State and Provincial Psychology Boards (ASPPB), or any
other testing service the Board may contract with at the time, to sit for the
appropriate examination.
4.
Exam Results. Examination results will be valid for up to five years after
the date of the examination.
1.15 MILITARY EDUCATION, TRAINING AND EXPERIENCE (C.R.S. § 12-20-
202(4))
Education, training, or service gained in military services outlined in section 12-20-
202(4), C.R.S., to be accepted and applied towards receiving a license, must be
substantially equivalent, as determined by the Board, to the qualifications otherwise
applicable at the time of receipt of application. It is the applicant’s responsibility to
provide timely and complete evidence for review and consideration. Satisfactory
evidence of such education, training, or service will be assessed on a case by case
basis.
1.16 RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. §§
12-245-204(4), 12-245-224(1)(u))
A.
General. Every psychologist engaged in the practice of psychology as defined in
section 12-245- 303, C.R.S., shall create and maintain records on each of their
psychology clients
d consideration. Satisfactory
evidence of such education, training, or service will be assessed on a case by case
basis.
1.16 RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. §§
12-245-204(4), 12-245-224(1)(u))
A.
General. Every psychologist engaged in the practice of psychology as defined in
section 12-245- 303, C.R.S., shall create and maintain records on each of their
psychology clients. The psychologist shall retain a record on each psychology
client for a period of seven years commencing on the date of termination of
psychology services or on the date of last date of treatment with the client,
whichever is later. Exception. When the client is a child, the record shall be
retained for a period of seven years commencing either upon the last date of
treatment or when the child reaches eighteen years of age, whichever is later.
B.
Record. A record shall contain, as applicable to the mental health services
rendered, at least the following information:
1.
Name of the treating therapist;
2.
Client’s identifying data to include name, address, telephone number,
gender, date of birth, and if applicable the name of the parent or guardian.
If the client is an organization, the name of the organization, telephone
number and name of the principal authorizing the mental health provider’s
services or treatment;
3.
Reason for the psychology/psychotherapy services;
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telephone number,
gender, date of birth, and if applicable the name of the parent or guardian.
If the client is an organization, the name of the organization, telephone
number and name of the principal authorizing the mental health provider’s
services or treatment;
3.
Reason for the psychology/psychotherapy services;
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4.
Mandatory disclosure statement(s);
5.
Dates of service including, but not limited to the date of each contact with
client, the date on which services began, and the date of last contact with
client;
6.
Types of service;
7.
Fees;
8.
Any release of information;
9.
If any of the following have been written: assessment, plan for
intervention, consultation, summary reports, and/or testing reports and
supporting data. The records must be prepared in a manner that allows
any subsequent provider to yield a comprehensive conclusion as to what
occurred;
10.
Name of any test administered, each date on which the test was
administered, and the name(s) of the person(s) administering the test;
11.
Information on each referral made to and each consultation with another
therapist or other health care provider. This information shall include the
date of referral or consultation, the name of the person to whom the client
was referred, the name of the person with whom consultation was sought;
the outcome (if known) of the referral, and the outcome (if known) of the
consultation;
12.
Records of counseling, interview notes, correspondence, audio or visual
recordings, electronic data storage, and other documents considered
professional information for use in counseling; and
13.
A final closing statement (if services are over).
C.
Record Storage. Every psychologist shall keep and store client records in a
secure place and in a manner that both assures that only authorized persons
have access to the records and protects the confidentiality of the records.
D.
Transfer of Records
storage, and other documents considered
professional information for use in counseling; and
13.
A final closing statement (if services are over).
C.
Record Storage. Every psychologist shall keep and store client records in a
secure place and in a manner that both assures that only authorized persons
have access to the records and protects the confidentiality of the records.
D.
Transfer of Records. Whenever a psychologist deems it necessary to transfer
their records to another psychologist or other health care provider, the
psychologist making the transfer shall obtain the client’s consent to transfer
(when possible).
E.
Disposition of records. If the psychologist is not available to handle their own
records, the psychologist and/or his estate shall designate an appropriate person
to handle the disposition of records. A plan for the disposition of records shall be
in place for all psychologists for the following conditions:
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1.
Disability, illness or death of the psychologist;
2.
Termination of the psychologist’s practice.
F.
Record Destruction. Every psychologist shall dispose of client records in a
manner or by a process that destroys or obliterates all client identifying data.
However, records cannot be destroyed until after seven years or as otherwise
provided in these Rules or all other applicable statutes.
G.
Record keeping in agency/institutional settings. A psychologist need not create
and maintain separate client records if the psychologist practices in an agency or
institutional setting and the psychologist:
1.
Sees the client in the usual course of that practice;
2.
Keeps client records as required by the agency or institution; and
3.
The agency or institution maintains client records.
1.17 RELIGIOUS MINISTRY EXEMPTIONS (C.R.S. § 12-245-217(1))
A
psychologist need not create
and maintain separate client records if the psychologist practices in an agency or
institutional setting and the psychologist:
1.
Sees the client in the usual course of that practice;
2.
Keeps client records as required by the agency or institution; and
3.
The agency or institution maintains client records.
1.17 RELIGIOUS MINISTRY EXEMPTIONS (C.R.S. § 12-245-217(1))
A.
Whenever an exemption from the Board’s jurisdiction is claimed based on an
assertion of the practice of religious ministry as stated in section 12-245-217(1),
C.R.S., the Board shall consider factors, including but not limited to those listed
below, which, taken together and placed within the context of the incident in
question, would tend to reasonably indicate that the person seeking the
exemption was engaged in the practice of religious ministry. Before taking action
on a complaint, the Board shall consider the following factors and other
information that indicates the person claiming exemption was not engaged in the
practice of religious ministry at the time of the alleged violation of the statute. If
the Board determines that this exemption applies, and the Licensee was
practicing religious ministry, the Board will have no jurisdiction to take any further
action on the complaint.
B.
In determining whether the practice of psychotherapy has occurred, the Board
analyzes activities and the basic nature of the interaction among the persons
involved. The analysis focuses on what occurred, on how it occurred, and on why
it occurred.
C.
Factors.
1.
Whether the client or guardian had received notice or reasonably
understood that the therapy in question was a part of religious
practice/ministry.
2.
Whether the client or guardian was seeking therapy from a religious
organization to which the complainant belonged at any time.
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, and on why
it occurred.
C.
Factors.
1.
Whether the client or guardian had received notice or reasonably
understood that the therapy in question was a part of religious
practice/ministry.
2.
Whether the client or guardian was seeking therapy from a religious
organization to which the complainant belonged at any time.
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3.
Whether a written agreement or disclosure existed that stated that the
therapy in question was part of religious practice/belief.
4.
Whether the therapy services were conducted in a house of worship or on
property belonging to a religious organization.
5.
Whether the provider of the therapy services normally represents him or
herself as a religious official who is counseling as part of a religious
ministry.
6.
Whether the therapy services were part of an on-going relationship,
formed because the provider is spiritual counselor to the client.
7.
Whether the provider of therapy services holds a position of trust within a
religious organization.
8.
Whether the provider of the therapy services advertise psychotherapy
services to the general public for a fee.
9.
Whether the provider of the therapy services collects fees or
expects/requires donations, offerings, tithes, etc.
10.
Whether the therapy services provided are based on any religious
orientation or viewpoint.
11.
Whether the provider engaged in the practice of therapy services is
accountable or subject to any religious organization or person for
misdeeds or acts of misconduct.
12.
Whether the provider of therapy services is a member of a religious
organization recognized by the Internal Revenue Service. Whether the
organization holds 501(C)(3) tax exempt status.
13.
Whether the provider of therapy services is trained in theology or any
other field, area, or specialty related to the study of a religious or spiritual
orientation.
14.
Whether the service provided within a private practice setting.
15
therapy services is a member of a religious
organization recognized by the Internal Revenue Service. Whether the
organization holds 501(C)(3) tax exempt status.
13.
Whether the provider of therapy services is trained in theology or any
other field, area, or specialty related to the study of a religious or spiritual
orientation.
14.
Whether the service provided within a private practice setting.
15.
Whether the provider of the therapy services has a declaration of religious
mission or a statement identifying the religious views or beliefs of the
organization or person.
1.18 IMPOSITION OF ADMINISTRATIVE FINES (C.R.S. § 12-245-225(2))
A.
Fines; Non-Exclusive Sanction. The Board, in its discretion, may impose a fine or
fines in lieu of, or in addition to, any other disciplinary sanction. The term
psychologist as contemplated under section 12-245-225(2), C.R.S., and this Rule
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shall include any person who has been licensed at any time under the Mental
Health Practice Act to practice psychology.
B.
Fine for Each Violation. Section 12-245-225(2), C.R.S., provides authority for the
Board to impose an administrative fine against a psychologist for a violation of an
administrative requirement. The Board, in its discretion, may impose a separate
fine for each violation and shall consider the nature and seriousness of the
violation prior to imposing any fine.
C.
Fines: Schedule of Fines. The Board may so impose a fine or fines consistent
with the following schedule:
1.
For a psychologist’s first violation, a fine of no more than $1,000.00.
2.
For a psychologist’s second violation, a fine of no more than $2,500.00.
3.
For a psychologist’s third and any additional violations, a fine of no more
than $5,000.00.
In determining the number of violations for purposes of application of the above
schedule, the Board may count as a violation, each prior violation adjudicated
against the psychologist.
D.
Payment of Fines.
1.
Fine Amount; When Due
For a psychologist’s second violation, a fine of no more than $2,500.00.
3.
For a psychologist’s third and any additional violations, a fine of no more
than $5,000.00.
In determining the number of violations for purposes of application of the above
schedule, the Board may count as a violation, each prior violation adjudicated
against the psychologist.
D.
Payment of Fines.
1.
Fine Amount; When Due. A total fine amount of $500.00 or less imposed
by the Board must be paid in full, including the applicable surcharge, at
the time the Final Agency Order is entered or a Stipulation is reached
between the parties. A total fine amount greater than $500.00 imposed by
the Board must be paid in full, including the applicable surcharge, in
accordance with the time frame set forth in the Final Agency Order or
Stipulation.
2.
Delinquent Payment Consequences. A psychologist who fails to pay a fine
imposed under this Rule as defined above pursuant to a Final Agency
Order or Stipulation may be subject to further discipline, including
suspension or revocation of his or her license to practice. Section 12-245-
224(1)(b), C.R.S., provides that violation of an Order of the Board is a
Prohibited Activity.
E.
Compliance with Law. Payment of a fine does not exempt the psychologist from
continuing compliance with the Mental Health Practice Act or any orders of the
Board.
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vocation of his or her license to practice. Section 12-245-
224(1)(b), C.R.S., provides that violation of an Order of the Board is a
Prohibited Activity.
E.
Compliance with Law. Payment of a fine does not exempt the psychologist from
continuing compliance with the Mental Health Practice Act or any orders of the
Board.
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1.19 CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE FOR PHYSICAL OR
MENTAL ILLNESS (C.R.S. § 12-245-223)
A.
Notice to Board. No later than thirty days from the date a physical or mental
illness or condition impacts a psychologist’s ability to perform professional
services with reasonable skill and safety, the psychologist shall provide the
Board, in writing, the following information:
1.
The diagnosis and a description of the illness or condition;
2.
The date that the illness or condition was first diagnosed;
3.
The name of the current treatment provider and documentation from the
current treatment provider confirming the diagnosis, date of onset, and
treatment plan;
4.
A description of the psychologist’s practice and any modifications,
limitations or restrictions to that practice that have been made as a result
of the illness or condition;
5.
Whether the psychologist has been evaluated by, or is currently receiving
services from the Board’s authorized Peer Health Assistance Program
related to the illness or condition and, if so, the date of initial contact and
whether services are ongoing.
B.
Change of Circumstances; Further Notice. The psychologist shall further notify
the Board of any significant change in the illness or condition (“change of
condition”) that impacts the psychologist’s ability to perform a professional
service with reasonable skill and safety. The psychologist must notify the Board
of a positive or negative change of condition. Such notification shall occur within
thirty days of the change of condition. The psychologist shall provide the Board,
in writing, the following information:
1
e illness or condition (“change of
condition”) that impacts the psychologist’s ability to perform a professional
service with reasonable skill and safety. The psychologist must notify the Board
of a positive or negative change of condition. Such notification shall occur within
thirty days of the change of condition. The psychologist shall provide the Board,
in writing, the following information:
1.
The date of the change of condition;
2.
The name of the current treatment provider and documentation from the
current treatment provider confirming the change of condition, the date
that the condition changed, the nature of the change of condition, and the
current treatment plan;
3.
A description of the psychologist’s practice and any modifications,
limitations or restrictions to that practice that have been made as a result
of the change of condition;
4.
Whether the psychologist has been evaluated by, or is currently receiving
services from, the peer health assistance program related to the change of
condition and, if so, the date of initial contact and whether services are
ongoing.
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C.
Confidential Agreement; Board Discretion. Compliance with this Rule is a
prerequisite for eligibility to enter into a Confidential Agreement with the Board
pursuant to section 12-245-223, C.R.S. However, mere compliance with this Rule
does not require the Board to negotiate regarding, or enter into, a Confidential
Agreement. Rather, the Board will evaluate all facts and circumstances to
determine if a Confidential Agreement is appropriate.
D.
Failure to Notify
ule is a
prerequisite for eligibility to enter into a Confidential Agreement with the Board
pursuant to section 12-245-223, C.R.S. However, mere compliance with this Rule
does not require the Board to negotiate regarding, or enter into, a Confidential
Agreement. Rather, the Board will evaluate all facts and circumstances to
determine if a Confidential Agreement is appropriate.
D.
Failure to Notify. If the Board discovers that a psychologist has a mental or
physical illness or condition that impacts the psychologist’s ability to perform a
psychological service with reasonable skill and safety and the psychologist has
not notified the Board as required under these Rules of such illness or condition,
the psychologist shall not be eligible for a Confidential Agreement and may be
subject to disciplinary action for failure to notify under section 12-245-223(1),
C.R.S., and other related violations contemplated under section 12-245-224(1)(f),
C.R.S.
1.20 CONTINUING PROFESSIONAL DEVELOPMENT (C.R.S. § 12-245-307)
Psychology candidates shall complete continuing professional development and
educational hours prior to a second or subsequent renewal of a psychology candidate
registration to maintain the psychology candidate registration. Prescribing psychologists
must demonstrate completion of the professional development requirements detailed in
section 1.24 (G) herein. The provisions of this section 1.20 also apply to prescribing
psychologists.
A.
Terms/Definitions.
1.
Continuing Education Units (CEU)/ Continuing Medical Education
(CME)/Continuing Education (CE) means learning activities approved
and/or accredited by the American Psychological Association, state
medical association or Accreditation Council for Continuing Medical
Education (ACCME) or by a regionally accredited institution of higher
education.
2.
Continuing Professional Development (CPD) is the Board’s program
through which a licensed psychologist satisfies the requirements set forth
in section 12-245-307, C.R.S
ies approved
and/or accredited by the American Psychological Association, state
medical association or Accreditation Council for Continuing Medical
Education (ACCME) or by a regionally accredited institution of higher
education.
2.
Continuing Professional Development (CPD) is the Board’s program
through which a licensed psychologist satisfies the requirements set forth
in section 12-245-307, C.R.S. and ensures the ongoing ability of a
licensed psychologist or psychology candidate to learn, integrate, and
apply the knowledge, skill, and judgement to practice psychology
according to generally accepted industry standards and professional
ethical standards.
3.
Continuing Professional Development Manual (CPD Manual) is an
instructional guide and workbook for the CPD program.
4.
Learning Plan is the board approved form used to develop, execute, and
document Professional Development Hours (PDH) for each cycle in the
CPD program as set forth in section 12-245-307(2)(a), C.R.S.
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5.
Military Exemption is a method to satisfy continuing professional
development requirements. A licensed psychologist who has been
approved for this exemption will not be required to meet continuing
professional development requirements during the renewal period in which
the military exemption was approved by the Division of Professions and
Occupations (DPO).
6.
Professional Development Hours (PDH) are the units of measurement of
active learning used to accrue credit in the CPD program. PDH are
equivalent to clock hours.
7.
Reflective Self-Assessment Tool (RSAT) is an optional self-reflective
practice tool that can be used to assist a licensed psychologist in
developing a learning plan.
B.
Continuing Professional Development Requirements.
1.
A licensed psychologist or psychology candidate shall complete continuing
professional development requirements in order to renew a license to
practice psychology in the State of Colorado by:
a
-Assessment Tool (RSAT) is an optional self-reflective
practice tool that can be used to assist a licensed psychologist in
developing a learning plan.
B.
Continuing Professional Development Requirements.
1.
A licensed psychologist or psychology candidate shall complete continuing
professional development requirements in order to renew a license to
practice psychology in the State of Colorado by:
a.
Successfully participating in the CPD program; or
b.
Receiving an exemption for military service as defined in section
12-20-302, C.R.S., and section (E) of this Rule.
2.
A licensed psychologist shall attest at the time of the renewal of a license
to compliance with continuing professional development requirements.
3.
The registered psychology candidate shall complete continuing
professional development and educational hours prior to a second or
subsequent renewal in order to renew the psychology candidate
registration in the State of Colorado.
C.
Continuing Professional Development (CPD) Program.
1.
In accordance with section 12-245-307(2), C.R.S., and the current CPD
manual, the CPD program consists of the following elements:
A.
Development, execution, and documentation of a learning plan:
(1)
A licensed psychologist or psychology candidate shall
develop a learning plan consisting of PDH as set forth in
section 12-245-307(2)(b), C.R.S., and this Rule.
(2)
A licensed psychologist or psychology candidate shall
execute this learning plan by completing and documenting
all PDH before the date upon which the licensed
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psychologist renews their license. Changes to the learning
plan shall not be allowed after a license is renewed.
2-245-307(2)(b), C.R.S., and this Rule.
(2)
A licensed psychologist or psychology candidate shall
execute this learning plan by completing and documenting
all PDH before the date upon which the licensed
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psychologist renews their license. Changes to the learning
plan shall not be allowed after a license is renewed.
(3)
A licensed psychologist can choose to use the optional
Reflective Self-Assessment Tool (RSAT) when creating a
learning plan.
b.
Completion of forty (40) hours of PDH through a combination of
allowed activities as described in section 12-245-307(2)(b), C.R.S.,
and as chosen by the licensed psychologist; and
c.
Maintaining documentation of completed PDH as described in
sections 12-245-307(2)(b) and (c), C.R.S.
2.
Registered psychology candidates shall complete sixty (60) PDH at the
second subsequent renewal cycles as set forth in section 12-245-
307(2)(b), C.R.S., and this Rule.
3.
A licensed psychologist shall complete forty (40) PDH each renewal cycle
before renewing a license.
a.
PDH must be relevant to the licensed psychologist’s learning plan
and maintain or enhance competence as a licensed psychologist.
The licensed psychologist should be able to describe how learning
activities sharpened existing and/or provided new knowledge or
skills.
b.
PDH credit can only be earned for activities as specifically
described in section 12-245-307(2), C.R.S., and section (E) of this
Rule.
c.
The Board will not pre-approve courses or providers and has sole
discretion to accept or reject PDH that do not meet the criteria
established in section 12-245-307(2)(b), C.R.S., and the CPD
manual.
d.
A licensed psychologist who receives an original, reinstated, or
reactivated license during the renewal cycle must accrue 1.67 PDH
for each month or portion thereof they are licensed prior to the end
of the renewal cycle.
e
prove courses or providers and has sole
discretion to accept or reject PDH that do not meet the criteria
established in section 12-245-307(2)(b), C.R.S., and the CPD
manual.
d.
A licensed psychologist who receives an original, reinstated, or
reactivated license during the renewal cycle must accrue 1.67 PDH
for each month or portion thereof they are licensed prior to the end
of the renewal cycle.
e.
A licensed psychologist shall document completion of PDH
according to the guidelines set forth in section 12-245-307(2),
C.R.S., and the current CPD manual and must be prepared to
submit documentation of compliance upon request by the board.
f.
A maximum of ten (10) PDH may be carried from the last renewal
cycle to the next renewal cycle if the PDH were earned within three
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(3) months of license expiration and are in excess of the forty (40)
PDH required for the current renewal cycle.
4.
To qualify for PDH credit, a psychologist must select learning activities as
defined in section 12-245-307(2)(b), C.R.S. PDH must include one or
more of the following activities, in any combination:
A.
Attending workshops, seminars, symposia, colloquia, invited
speaker sessions, postdoctoral institutes, or scientific or
professional programs offered at meetings of local, state, regional,
national, or international professional or scientific organizations.
(1)
With the exception of five (5) PDH, activities must qualify as
continuing education units, continuing medical education , or
continuing education as approved and/or accredited by the
American Psychological Association, State Medical
Association, Accreditation Council For Continuing Medical
Education, or by a regionally accredited institution of higher
education.
(2)
Activities may include online continuing education.
(3)
One (1) continuing education hour is equivalent to one (1)
PDH.
s, continuing medical education , or
continuing education as approved and/or accredited by the
American Psychological Association, State Medical
Association, Accreditation Council For Continuing Medical
Education, or by a regionally accredited institution of higher
education.
(2)
Activities may include online continuing education.
(3)
One (1) continuing education hour is equivalent to one (1)
PDH.
(4)
Documentation of learning activities shall include a transcript
or certificate of attendance with a statement of the credits
earned, which includes the name of the participant, the
date(s) of attendance, the name of provider(s), the number
of hours earned, etc.
b.
Completing an ethics course offered by the American Psychological
Association, State Medical Association, Accreditation Council for
Continuing Medical Education, or a regionally accredited institution
of higher education.
(1)
One (1) continuing education hour is equivalent to one (1)
PDH.
(2)
Documentation of completion of an ethics course shall
include a transcript or certificate of attendance with a
statement of the credits earned, which includes the name of
the participant, the date(s) of attendance, the name of the
provider(s), the number of hours earned, etc.
c.
Developing and teaching an academic course in psychology at an
institution accredited by a regional accrediting association.
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(1)
Credit can be earned for the first time within a given
licensure cycle that the licensed psychologist develops and
teaches the course.
(2)
One (1) academic credit, unit, or hour is equivalent to ten
(10) PDH.
(3)
Documentation of the development and teaching of an
academic course shall include written verification by the
dean or head of the department of the institution in which the
course was taught.
d.
Successfully completing a graduate course in psychology offered
by an institution accredited by a regional accrediting association.
One (1) academic credit, unit, or hour is equivalent to ten
(10) PDH.
(3)
Documentation of the development and teaching of an
academic course shall include written verification by the
dean or head of the department of the institution in which the
course was taught.
d.
Successfully completing a graduate course in psychology offered
by an institution accredited by a regional accrediting association.
(1)
One (1) academic credit, unit, or hour is equivalent to ten
(10) PDH.
(2)
Documentation shall include an academic transcript showing
the graduate credits earned.
e.
Developing and presenting a workshop, seminar, symposium,
colloquium, or invited speaking session, at a meeting of a
professional or a scientific organization or a postdoctoral institute.
(1)
Credit can be earned for the first time within a given
licensure cycle that the workshop, seminar, symposium,
colloquium, or invited speaking session is developed and
presented.
(2)
One (1) hour of workshop, seminar, symposium, colloquial
presentation, or invited speaking session is equivalent to
three (3) PDH.
(3)
Documentation shall include a printed program or agenda
showing the name of the licensed psychologist, the date(s)
of the presentation, the name of the organization, the total
number of hours presented, etc.
f.
Authoring or editing a psychology publication, maximum hours
earned as following:
(1)
Authoring a professional or scientific book is equivalent to
forty (40) PDH.
(2)
Authoring a professional or scientific book chapter or journal
article is equivalent to twenty (20) PDH.
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(3)
Editing a professional or scientific book or journal is
equivalent to thirty (30) PDH.
maximum hours
earned as following:
(1)
Authoring a professional or scientific book is equivalent to
forty (40) PDH.
(2)
Authoring a professional or scientific book chapter or journal
article is equivalent to twenty (20) PDH.
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(3)
Editing a professional or scientific book or journal is
equivalent to thirty (30) PDH.
(4)
Documentation shall include a coversheet, masthead, or
table of contents from the publication showing the name of
the licensed psychologist, the date of authoring or editing,
etc.
g.
Providing editorial review of a professional psychological or
scientific journal article at the request of the journal’s editorial staff.
(1)
Completion of activity is equivalent to one (1) PDH.
(2)
Documentation shall include the acknowledgment of the
completed review by the editorial staff with the name of the
licensed psychologist, date of review, etc.
D.
Audit of Compliance. As set forth in section 12-245-307(4), C.R.S., the Board
may audit up to five percent (5%) of licensed psychologists each two-year cycle
to determine compliance with continuing professional development requirements.
1.
The following documentation is required for an audit of compliance:
a.
A learning plan signed by the licensed psychologist that contains
the licensed psychologist’s completed PDH in the manner set forth
in the current CPD Manual;
b.
Documentation of the required PDH in compliance with statute, this
Rule, and the current CPD Manual; and
c.
The Board has sole discretion to accept or reject PDH that do not
meet the criteria established as defined in section 12-245-307(2),
C.R.S., this Rule, and the current CPD Manual.
2.
As set forth in section 12-245-307(5)(a), C.R.S., records of assessment or
other documentation developed or submitted in connection with the
continuing professional development program are confidential and not
subject to inspection by the public or discovery in connection with a civil
action against a licensed psychologist
in section 12-245-307(2),
C.R.S., this Rule, and the current CPD Manual.
2.
As set forth in section 12-245-307(5)(a), C.R.S., records of assessment or
other documentation developed or submitted in connection with the
continuing professional development program are confidential and not
subject to inspection by the public or discovery in connection with a civil
action against a licensed psychologist. The records or documents shall be
used only by the board for the purpose of determining whether a licensed
psychologist is maintaining continuing professional development
necessary to engage in the profession.
3.
The current CPD Manual will set forth the documentation methods and
standards for compliance with this Rule.
E.
Military Exemption. Pursuant to section 12-20-302, C.R.S., a licensed
psychologist who has been called to federally funded active duty for more than
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120 days for the purpose of serving in a war, emergency, or contingency may
request an exemption from continuing professional development requirements for
the renewal, reinstatement, or reactivation of their license for the two-year
renewal period that falls within the period of service or within six (6) months
following the completion of service.
1.
Military exemptions must be approved by the DPO. A licensed
psychologist seeking a military exemption shall submit a request in writing
with evidence that their military service meets the criteria established in
section 12-20-302, C.R.S.
2.
After being granted a military exemption, in order to complete the renewal
process, the licensed psychologist shall attest to their military exemption.
F.
Records Retention. A licensed psychologist shall retain documentation of
compliance for a minimum of five (5) years from the license expiration date for
the renewal cycle during which PDH were accrued.
G.
Non-Compliance
tion 12-20-302, C.R.S.
2.
After being granted a military exemption, in order to complete the renewal
process, the licensed psychologist shall attest to their military exemption.
F.
Records Retention. A licensed psychologist shall retain documentation of
compliance for a minimum of five (5) years from the license expiration date for
the renewal cycle during which PDH were accrued.
G.
Non-Compliance. Falsifying an attestation or other documentation regarding a
licensed psychologist’s compliance with continuing professional development
requirements constitutes the falsification of information in an application and may
be grounds for discipline pursuant to section 12-245-224(1)(s), C.R.S.
H.
Reinstatement and Reactivation. A licensed psychologist seeking to reinstate or
reactivate a license shall meet continuing professional development
requirements detailed in Rule 1.13 and Rule 1.21.
1.21 INACTIVE LICENSE STATUS AND REACTIVATION OF A LICENSE
A.
Inactive Status. Pursuant to section 12-20-203, C.R.S., a licensed psychologist
may apply to the Board to be transferred to an inactive status. The holder of an
inactive license shall not be required to comply with the continuing professional
development requirements for renewal so long as they remain inactive.
1.
During such time as a licensed psychologist remains in an inactive status,
they shall not perform those acts restricted to active licensed
psychologists pursuant to section 12- 245-303, C.R.S. The Board shall
retain jurisdiction over inactive psychologists for the purposes of
disciplinary action pursuant to section 12-245-222(1)(d), C.R.S.
2.
Practicing with an inactive license shall constitute unlicensed practice and,
therefore, may be grounds for disciplinary or injunctive action, up to and
including revocation.
B.
Application Requirements. To be considered for licensure reactivation, an
applicant must submit a completed reactivation application form and the
reactivation fee.
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ctive license shall constitute unlicensed practice and,
therefore, may be grounds for disciplinary or injunctive action, up to and
including revocation.
B.
Application Requirements. To be considered for licensure reactivation, an
applicant must submit a completed reactivation application form and the
reactivation fee.
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C.
Required Statements. Each applicant for reinstatement shall certify the following:
1.
Every license, certificate, listing, or registration to practice psychology held
by applicant is in good standing;
2.
Applicant has reported to the board any injunction or disciplinary action
completed or pending against their license, certificate, registration, or
listing to practice psychology or psychotherapy;
3.
Applicant has reported to the board any malpractice judgment against
them, any settlement of a malpractice action or claim against them, and
any malpractice action or claim pending against them in which the
malpractice alleged relates to their practice of psychology or
psychotherapy;
4.
Applicant has reported to the board any inquiry/complaint pending,
investigation being conducted by, or disciplinary proceeding pending
before the licensing, grievance, or disciplinary board of any jurisdiction in
which they are licensed, certified, registered, or listed to practice
psychology or psychotherapy in which the complaint, investigation, or
proceeding concerns their practice of psychology or psychotherapy.
D.
Pending Discipline or Complaints. The Board may decline to issue a license to an
applicant for reactivation if disciplinary action is pending or if there is an
unresolved complaint.
E.
Continuing Professional Competence. Pursuant to section 12-245-307, C.R.S,
effective September 1, 2017, a licensed psychologist shall complete continuing
professional development in order to reactivate a license.
1
Pending Discipline or Complaints. The Board may decline to issue a license to an
applicant for reactivation if disciplinary action is pending or if there is an
unresolved complaint.
E.
Continuing Professional Competence. Pursuant to section 12-245-307, C.R.S,
effective September 1, 2017, a licensed psychologist shall complete continuing
professional development in order to reactivate a license.
1.
An applicant for reactivation must comply with all continuing professional
development requirements pursuant to Rule 1.20 within the two years
immediately preceding the application receipt date.
F.
Criteria. The Board has established the following criteria for determining whether
an applicant for reactivation has demonstrated their continued professional
competence as required by section 12-245-205(3), C.R.S. An applicant must
meet all applicable criteria to establish their continued professional competence.
1.
License Inactive More Than Two Years. An applicant whose license has
been inactive more than two years shall pass a Board developed
jurisprudence examination and demonstrate their continued professional
competence by either:
a.
A written statement detailing work experience related to the
practice of psychology during the time the license has been
expired. If work experience was in another jurisdiction(s),
verification of licensure from each jurisdiction(s) is required; or
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and demonstrate their continued professional
competence by either:
a.
A written statement detailing work experience related to the
practice of psychology during the time the license has been
expired. If work experience was in another jurisdiction(s),
verification of licensure from each jurisdiction(s) is required; or
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b.
Completion of an average of twenty professional development
hours (PDH) pursuant to section 12-245-307(2)(b), C.R.S., and
Rule 1.20, for each year the license has been expired (1.67 for
each month); or
c.
Retaking and passing the Examination for Professional Practice in
Psychology (EPPP) national examination.
d.
Any other means approved by the Board.
1.22 REQUIRED DISCLOSURE TO PATIENTS – CONVICTION OF OR DISCIPLINE
BASED ON SEXUAL MISCONDUCT (§12-30-115 C.R.S.)
A
On or after March 1, 2021, a licensee, as defined in Rule 1.1(E), shall disclose to
a patient, as defined in section 12-30-115(1)(a), C.R.S., instances of sexual
misconduct, including a conviction or guilty plea as set forth in section 12-30-
115(2)(a), C.R.S., or final agency action resulting in probation or limitation of
licensee’s ability to practice as set forth is section 12-30-115(2)(b), C.R.S.
B.
Form of Disclosure: The written disclosure shall include all information specified
in section 12-30-115(3), C.R.S., and consistent with the sample model disclosure
form as set forth in Appendix A to these rules.
1.
The patient must, through their signature on the disclosure form,
acknowledge the receipt of the disclosure and agree to treatment with the
licensee.
2.
This disclosure shall be separate and apart from the mandatory disclosure
required pursuant to section 12-245-216, C.R.S.
C.
Timing of Disclosure: This disclosure shall be provided to a patient the same day
the patient schedules a professional services appointment with the provider
nature on the disclosure form,
acknowledge the receipt of the disclosure and agree to treatment with the
licensee.
2.
This disclosure shall be separate and apart from the mandatory disclosure
required pursuant to section 12-245-216, C.R.S.
C.
Timing of Disclosure: This disclosure shall be provided to a patient the same day
the patient schedules a professional services appointment with the provider. If an
appointment is scheduled the same day that services will be provided, or if an
appointment is not required such as in an inpatient facility, the disclosure must be
provided in advance of the treatment.
1.
The written disclosure and agreement to treatment must be completed
prior to each treatment appointment with a patient, unless the treatment
will occur in a series over multiple appointments or a patient schedules
follow-up treatment appointments.
2.
For treatment series or follow-up treatment appointments, one disclosure
prior to the first appointment is sufficient, unless the information the
provider is required to disclose pursuant to section 12-30-115, C.R.S., has
changed since the most recent disclosure, in which case an updated
disclosure must be provided to a patient and signed before treatment may
continue.
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D.
As set forth in section 12-30-115(3)(e), C.R.S., the requirement to disclose the
conviction, guilty plea, or agency action ends when the provider has satisfied the
requirements of the probation or other limitation and is no longer on probation or
otherwise subject to a limitation on the ability to practice the provider’s
profession.
E.
A provider need not make the disclosure required by this section before providing
professional services to the patient if any of the following applies as set forth in
section 12-30-115(4), C.R.S.:
1
provider has satisfied the
requirements of the probation or other limitation and is no longer on probation or
otherwise subject to a limitation on the ability to practice the provider’s
profession.
E.
A provider need not make the disclosure required by this section before providing
professional services to the patient if any of the following applies as set forth in
section 12-30-115(4), C.R.S.:
1.
The patient is unconscious or otherwise unable to comprehend the
disclosure and sign an acknowledgment of receipt of the disclosure
pursuant to section 12-30-115(3)(d), C.R.S., and a guardian of the patient
is unavailable to comprehend the disclosure and sign the
acknowledgement;
2.
The visit occurs in an emergency room or freestanding emergency
department or the visit is unscheduled, including consultations in inpatient
facilities; or
3.
The provider who will be treating the patient during the visit is not known
to the patient until immediately prior to the start of the visit.
F.
A provider who does not have a direct treatment relationship or have direct
contact with the patient is not required to make the disclosure required by this
section.
1.23 CONCERNING HEALTH CARE PROVIDER DISCLOSURES TO CONSUMERS
ABOUT THE POTENTIAL EFFECTS OF RECEIVING EMERGENCY OR
NONEMERGENCY SERVICES FROM AN OUT-OF-NETWORK PROVIDER
This rule is promulgated pursuant to sections 12-20-204, 12-30-112, and 12-245-
204(4)(a), C.R.S., in consultation with the Commissioner of Insurance and the State
Board of Health. The purpose of this rule is to establish requirements for health care
providers to provide disclosures to covered persons who are utilizing a health benefit
plan about the potential of balance billing when receiving post-stabilization services or
covered non-emergency services from an out-of-network provider at an in-network
facility. This rule applies to health care providers
ate
Board of Health. The purpose of this rule is to establish requirements for health care
providers to provide disclosures to covered persons who are utilizing a health benefit
plan about the potential of balance billing when receiving post-stabilization services or
covered non-emergency services from an out-of-network provider at an in-network
facility. This rule applies to health care providers. Balance billing by a health care
provider is only permitted when the criteria established in Colorado law, including but
not limited to, sections 12-30-112 and 12-30-113 C.R.S., are met.
A.
Definitions, for purposes of this rule, are as follows:
1.
“Ancillary Services” as defined in section 12-30-112(1)(a), C.R.S.
2.
“Balance Bill” and “Balance Billing” as defined in section 10-16-704(19)(c),
C.R.S.
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3.
“Covered Non-emergency Services” means services that are not
emergency services as defined in section 10-16-704(19)(e), C.R.S., are
services covered by a covered person’s health benefit plan, and are not
ancillary services as defined in section 12-30-112(1)(a), C.R.S.
4.
“Covered Person” as defined by section 10-16-102(15), C.R.S.
5.
“Health Benefit Plan” as defined by section 10-16-102(32), C.R.S.
6.
“Health Care Provider” means “provider,” as defined in section 10-16-
102(56), C.R.S.
7.
“In-Network Facility” means a facility, either within or outside of Colorado,
that, under a contract with a carrier or with its contractor or subcontractor,
has agreed to provide health-care services to covered persons with an
expectation of receiving payment, other than coinsurance, copayments, or
deductibles, directly or indirectly, from the carrier.
8.
“Out-of-Network Provider” means a Health Care Provider who is not a
“Participating Provider.”
9.
“Participating Provider” as defined in section 10-16-102(46), C.R.S.
10
s contractor or subcontractor,
has agreed to provide health-care services to covered persons with an
expectation of receiving payment, other than coinsurance, copayments, or
deductibles, directly or indirectly, from the carrier.
8.
“Out-of-Network Provider” means a Health Care Provider who is not a
“Participating Provider.”
9.
“Participating Provider” as defined in section 10-16-102(46), C.R.S.
10.
“Post-Stabilization Services” means covered services related to an
emergency medical condition, as defined in section 10-16-704(19)(d),
C.R.S., that are provided once the criteria set forth in section 10-16-
704(19)(e)(III) are met.
B.
Disclosure requirements.
1.
An Out-of-Network Provider may balance bill a Covered Person for (a)
Post-Stabilization Services in accordance with section 10-16-704, C.R.S.,
and (b) Covered Non-Emergency Services provided in an In-Network
Facility that are not Ancillary Services, but only if the Out-of-Network
Provider meets the requirements set forth in section 12-30-112(3.5),
C.R.S.
2.
If a Covered Person may incur a claim for Post-Stabilization Services or
Covered Non-Emergency Services from an Out-of-Network Provider, the
Out-of-Network Provider shall complete and provide the notice contained
in Appendix “B” to these rules or a similar disclosure which complies with
the requirements set forth in section 12-30-112(3.5), C.R.S.
3.
Such notice must be provided in the 15 most common languages in
Colorado, which, for purposes of this regulation, are English, Spanish,
Vietnamese, Chinese, Korean, Russian, Amharic, Arabic, German,
French, Nepali, Tagalog, Japanese, Cushite, Persian.
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ith
the requirements set forth in section 12-30-112(3.5), C.R.S.
3.
Such notice must be provided in the 15 most common languages in
Colorado, which, for purposes of this regulation, are English, Spanish,
Vietnamese, Chinese, Korean, Russian, Amharic, Arabic, German,
French, Nepali, Tagalog, Japanese, Cushite, Persian.
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C.
If applicable and in addition to their responsibilities under this Rule, Health Care
Providers shall also comply with the “No Surprises Act,” 42 U.S.C.A. § 300gg-
111, Pub.L 116-260, as amended.
D.
Noncompliance with this Rule may result in the imposition of any of discipline
made available by section 12-245-224(1)(b), C.R.S.
1.24 CONCERNING THE AUTHORITY OF A LICENSED PSYCHOLOGIST TO
PRESCRIBE PSYCHOTROPIC MEDICATION FOR THE TREATMENT OF MENTAL
HEALTH DISORDERS
This Rule is promulgated pursuant to sections 12-20-204, 12-245-204(4)(a), 12-245-
224, 12-30-109, 12-245-301, 12-245-302, and 12-245-309, C.R.S., in consultation with
the Colorado Medical Board, to further clarify statutory language and establish
application requirements for attaining a Prescription Certificate for a licensed
psychologist in Colorado.
A.
As used herein, the following terms are defined as follows:
1.
In accordance with section 12-245-301(7) C.R.S., a “Prescribing
Psychologist” means a licensed psychologist who holds a prescription
certificate.
2.
”Psychotropic Medication” has the same meaning as defined in sections
12-245-301(10)(a) and (b), C.R.S.
3.
In accordance with sections 12-245-301(11) C.R.S., “Telepsychology”
means the provision of psychological services using telecommunications
technologies.
B.
APPLICATION
1.
An applicant for a prescription certificate shall submit a complete
application on a form approved by the Board. The applicant is responsible
to ensure that the application is complete and timely and that all
application fees are paid. Applicant and application must demonstrate the
following:
a
”
means the provision of psychological services using telecommunications
technologies.
B.
APPLICATION
1.
An applicant for a prescription certificate shall submit a complete
application on a form approved by the Board. The applicant is responsible
to ensure that the application is complete and timely and that all
application fees are paid. Applicant and application must demonstrate the
following:
a.
Applicant holds an active and unrestricted license to practice
psychology in Colorado;
b.
Has commercial professional liability insurance as outlined in
section 12-245-309, C.R.S., and provides an attestation to the
Board to reflect this requirement
c.
Has successfully completed all educational, examination,
supervision, and practice requirements outlined in section 12-245-
309, C.R.S.
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C.
PEER REVIEW
As referenced in section 12-245-309(a)(V), C.R.S., the applicant has successfully
undergone a process of independent peer review set forth in Rule of the Board and
approved by the Colorado Medical Board:
1.
Panel membership. The applicant for a prescription certificate shall
successfully complete a process of independent peer review within sixty
(60) days that meets the requirements set forth below and will submit
successful completion of independent peer review as part of the
application process on a form approved by the Board.
a.
The applicant shall ensure the peer review panel that they use shall
consist of three members from at least two of the following
professions and categories:
(1)
Prescribing psychologists or licensed psychologists with
specialized training and experience in psychopharmacology;
(2)
Licensed, board-certified psychiatrists, other physicians,
nurse practitioners or physician assistants with specialized
training and experience in psychopharmacology;
l that they use shall
consist of three members from at least two of the following
professions and categories:
(1)
Prescribing psychologists or licensed psychologists with
specialized training and experience in psychopharmacology;
(2)
Licensed, board-certified psychiatrists, other physicians,
nurse practitioners or physician assistants with specialized
training and experience in psychopharmacology;
(3)
Doctoral level licensed pharmacists or pharmacist clinicians
with specialized training and experience in
psychopharmacology.
b.
A panel member shall not be a member of the applicant’s family or
household, shall not be in a prohibited dual relationship with the
applicant or a member of the applicant’s family or household, shall
not have supervised the applicant, and shall not have a conflict of
interest otherwise not stated.
c.
No panel member may be a psychologist enrolled in a
psychopharmacology training program.
2.
Review Process.
a.
Each panel member shall examine at least ten (10) randomly
selected charts of patients treated by the applicant during the
required supervised period outlined in statute and any approved
extensions. The applicant shall be solely responsible for obtaining
the patient charts for peer review and providing them for peer
review. The charts shall be reviewed to determine whether the
following information is timely, accurately, and properly recorded:
(1)
A full medical history and family history;
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(2)
A mental status examination and complete differential
diagnosis of the patient by the conditional prescribing
psychologist
(3)
Risk factors for the diagnostic condition were identified,
including absence of drug, alcohol, suicide and homicide;
(4)
Drug and food allergies;
(5)
Patient medications;
(6)
Patient education on prescription, including evidence of
informed consent to treatment;
(7)
Appropriate laboratory tests ordered and reviewed;
(8)
The patient’s diagnosis;
tient by the conditional prescribing
psychologist
(3)
Risk factors for the diagnostic condition were identified,
including absence of drug, alcohol, suicide and homicide;
(4)
Drug and food allergies;
(5)
Patient medications;
(6)
Patient education on prescription, including evidence of
informed consent to treatment;
(7)
Appropriate laboratory tests ordered and reviewed;
(8)
The patient’s diagnosis;
(9)
Adequate dosing requirements for prescription;
(10)
Treatment, including psychopharmacotherapy and
psychotherapy, adverse effects from prescriptions,
documentation of outcome measures for prescriptions;
(11)
Progress notes;
(12)
A follow-up plan, including a discharge plan;
(13)
Written documentation that the Colorado Prescription Drug
Monitoring Program (PDMP) was checked before a
controlled substance prescription was written; and
(14)
Documentation of collaboration with the physician who
oversees the patient’s general medical care as required by
law.
b.
The peer review panel shall complete an evaluation form approved
by the Board, which shall certify whether the charts reviewed are in
compliance and are satisfactory, and shall provide the form back to
the applicant to be included as part of their application process.
D.
PRACTICE REQUIREMENTS
1.
New Prescriptions
a.
A prescribing psychologist shall receive a written electronic
agreement from the patient’s primary treating physician indicating
that the prescription for, or administration of, medication is
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orm back to
the applicant to be included as part of their application process.
D.
PRACTICE REQUIREMENTS
1.
New Prescriptions
a.
A prescribing psychologist shall receive a written electronic
agreement from the patient’s primary treating physician indicating
that the prescription for, or administration of, medication is
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41
appropriate for that patient before prescribing or administering any
medication.
b.
Medication dosage changes and the discontinuation of any
medications require timely (i.e., 14 days) notification to the primary
care physician by the prescribing psychologist.
c.
If prescribing controlled substances, the prescribing psychologist
must maintain a valid Federal Drug Enforcement Administration
(DEA) registration for the state of Colorado in accordance with DEA
regulations: Title 21, Code of Federal Regulations (CFR), Parts
1300 to 1316, September 25, 2025. Available here:
https://www.ecfr.gov/current/title-21/chapter-II/part-1300.
(1)
This Rule does not incorporate any later amendments or
editions of these federal rules. The Board shall provide the
requester with information on how to obtain a certified copy
of the material incorporated by reference from the agency of
the United States issuing the standards.
(2)
Copies of these rules are available for public inspection, with
additional copies being made available for a reasonable
charge, at the office of the Department of Regulatory
Agencies, located at 1560 Broadway, Denver, CO 80202; or
alternatively, at the Office of the Federal Register, 7 G
Street, NW, Suite A-734, Washington, D.C. 20401.
rom the agency of
the United States issuing the standards.
(2)
Copies of these rules are available for public inspection, with
additional copies being made available for a reasonable
charge, at the office of the Department of Regulatory
Agencies, located at 1560 Broadway, Denver, CO 80202; or
alternatively, at the Office of the Federal Register, 7 G
Street, NW, Suite A-734, Washington, D.C. 20401.
(3)
A prescribing psychologist must furnish the DEA registration
information to the Board in a form and manner as required
by the Board.
d.
A prescribing psychologist, if prescribing controlled substances,
must be enrolled in the Colorado Prescription Drug Monitoring
Program (PDMP) in accordance with section 23.00.00 of Rule 3
CCR 719-1; and must check the PDMP prior to writing a
prescription for a controlled substance.
e.
A prescribing psychologist shall only prescribe psychotropic
medications that are consistent with the prescribing psychologist’s
education, training, experience, and competence.
2.
Telepsychology
a.
In accordance with section 12-245-309(5)(a)(I), C.R.S., a
prescribing psychologist may prescribe psychotropic medications
through the use of telepsychology.
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b.
A prescribing psychologist must be licensed in Colorado and have
a Colorado prescription certificate to prescribe to a patient whose
originating site, as defined in section 10-16-123(4)(b), C.R.S., is in
Colorado.
c.
Further, a prescribing psychologist must adhere to the standard of
care for both telepsychology and psychology prescribing in
Colorado and the state where the client is receiving treatment.
d.
Prescribing psychologists must be licensed by the Colorado State
Board of Psychologist Examiners when providing telepsychology
services to clients whose originating site is in Colorado as defined
in section 10-16-123(4)(b), C.R.S.
e
hologist must adhere to the standard of
care for both telepsychology and psychology prescribing in
Colorado and the state where the client is receiving treatment.
d.
Prescribing psychologists must be licensed by the Colorado State
Board of Psychologist Examiners when providing telepsychology
services to clients whose originating site is in Colorado as defined
in section 10-16-123(4)(b), C.R.S.
e.
Prescribing psychologists must follow all applicable federal and
state laws regarding prescribing controlled substances and other
medications.
E.
DISCIPLINE
It shall be a prohibited activity under section 12-245-224, C.R.S. for an applicant,
candidate, or licensee to:
1.
Prescribe, distribute, or give to a family member or to oneself, except on
an emergency basis, any controlled substance as defined in section 18-
18-204, C.R.S., or as contained in schedule II of 21 U.S.C. sec. 812, as
amended;
2.
Accept any direct or indirect benefit from a pharmaceutical manufacturer
or pharmaceutical representative for prescribing a specific medication to a
patient. For the purposes of this section, a direct or indirect benefit does
not include a benefit offered to an applicant, candidate, or licensee
regardless of whether the specific medication is being prescribed;
3.
Administer, dispense, or prescribe any habit-forming drug or any
controlled substance, as defined in section 18-18-102(20), C.R.S., other
than in the course of legitimate professional practice, which includes the
recommendation, administration, or dispensation of medical marijuana;
4.
Violate a provision of section 12-30-109, C.R.S.
F.
USE OF BENZODIAZEPINES
Basis: The basis for the Board’s promulgation of these rules and regulations are
sections 12-20- 204(1), 12-240-106(1)(a), and 12-240-123, C.R.S. The specific statutory
authority for the promulgation of this Rule is section 12-30-109(6), C.R.S.
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Violate a provision of section 12-30-109, C.R.S.
F.
USE OF BENZODIAZEPINES
Basis: The basis for the Board’s promulgation of these rules and regulations are
sections 12-20- 204(1), 12-240-106(1)(a), and 12-240-123, C.R.S. The specific statutory
authority for the promulgation of this Rule is section 12-30-109(6), C.R.S.
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Scope: The purpose of these rules and regulations is to implement section 12- 30-
109(6), C.R.S., related to requirements for prescribing benzodiazepines to patients who
have not previously been prescribed benzodiazepines within the last twelve (12)
months.
1.
Licensees must limit any prescription for a continuous benzodiazepine to a
thirty (30) day supply, for any patient who has not been prescribed a
benzodiazepine in the last twelve (12) months.
2.
Prior to prescribing a benzodiazepine for a condition that is not exempt
under section 12-280-404(4)(a.5), C.R.S., a licensee must comply with the
requirements of section 12- 280-404(4), C.R.S.
3.
The limitation stated in section (F)(1) of this Rule does not apply to
patients for whom licensees prescribe benzodiazepines for the following
conditions:
a.
Epilepsy;
b.
A seizure, a seizure disorder, or a suspected seizure disorder;
c.
Spasticity;
d.
Alcohol withdrawal; or
e.
A neurological condition, including a post-traumatic brain injury or
catatonia.
4.
These rules do not require or encourage abrupt discontinuation, limitation,
or withdrawal of benzodiazepines. Licensees are expected to follow
generally accepted standards of medical practice, based on an individual
patient’s needs, in tapering benzodiazepine prescriptions.
G.
CONTINUING EDUCATION
1
ithdrawal; or
e.
A neurological condition, including a post-traumatic brain injury or
catatonia.
4.
These rules do not require or encourage abrupt discontinuation, limitation,
or withdrawal of benzodiazepines. Licensees are expected to follow
generally accepted standards of medical practice, based on an individual
patient’s needs, in tapering benzodiazepine prescriptions.
G.
CONTINUING EDUCATION
1.
In addition to the continuing professional development requirements
contained in section 1.20, including the forty (40) hours of continuing
education required in section 1.20(C)(1)(b) herein, prescribing
psychologists shall complete an additional forty (40) hours of continuing
education related to the practice of prescribing psychology during each
two-year renewal cycle, as required by section 12-245-309(2)(b)(III)
C.R.S.
2.
To qualify for continuing education credit, a prescribing psychologist must
select learning activities as detailed in section 12-245-307(2)(b), C.R.S.
and must include one or more of the activities, in any combination, cited in
section 1.20(C)(4) of these Rules.
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3.
One (1) continuing education hour is equivalent to one (1) professional
development hour (PDH). PDH are equivalent to clock hours.
4.
These continuing education hours must include professional development
in psychopharmacology and/or pharmacology education for psychologists.
5.
Approved course topics may include, but are not limited to:
a.
Basic neuroscience;
b.
Neurochemistry;
c.
Pharmacological concepts;
d.
Treatment of specific behavioral disorders;
e.
Medication management;
f.
Medication impact and adverse effects;
g.
Substance use;
h.
Treatment-resistant depression;
i.
Psychedelic drugs;
j.
Adult Attention Deficit Hyperactivity Disorder (ADHD); and
k.
Managing antipsychotic side effects.
6.
These required continuing education courses must be at an appropriate
level for professional training in psychology prescribing.
7
behavioral disorders;
e.
Medication management;
f.
Medication impact and adverse effects;
g.
Substance use;
h.
Treatment-resistant depression;
i.
Psychedelic drugs;
j.
Adult Attention Deficit Hyperactivity Disorder (ADHD); and
k.
Managing antipsychotic side effects.
6.
These required continuing education courses must be at an appropriate
level for professional training in psychology prescribing.
7.
If a prescribing psychologist specializes in treating children, a minimum of
ten (10) hours of continuing education must be directly related to
prescribing psychotropic medications for children.
8.
If a prescribing psychologist specializes in treating persons who are over
65 years of age, a minimum of ten (10) hours of continuing education must
be directly related to prescribing psychotropic medications for older
persons.
9.
A minimum of two (2) of the required hours of continuing education shall
include content on ethics, as related to the practice of prescribing
psychology.
10.
Individuals who first become licensed as a prescribing psychologist during
the two-year renewal cycle will be considered to have satisfied these
CODE OF COLORADO REGULATIONS
3 CCR 721-1
State Board of Psychologists Examiners
45
continuing education requirements for the remainder of the cycle in which
their license was granted.
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46
APPENDIX A
MODEL SEXUAL MISCONDUCT DISCLOSURE STATEMENT
DISCLAIMER: This Model Sexual Misconduct Disclosure Statement is to be used as a
guide only and is aimed only to assist the provider in complying with section 12-30-115,
C.R.S., and Rule 1.22. As a licensed, registered, and/or certified health care provider in
the State of Colorado, you are responsible for ensuring that you are in compliance with
state statutes and rules
NDUCT DISCLOSURE STATEMENT
DISCLAIMER: This Model Sexual Misconduct Disclosure Statement is to be used as a
guide only and is aimed only to assist the provider in complying with section 12-30-115,
C.R.S., and Rule 1.22. As a licensed, registered, and/or certified health care provider in
the State of Colorado, you are responsible for ensuring that you are in compliance with
state statutes and rules. While the information below must be included in your Sexual
Misconduct Disclosure Statement pursuant to section 12-30-115, C.R.S., you may to
include additional information that specifically applies to your situation and practice.
A.
Provider, as defined in Rule 1.1E, information, including, at a minimum: name,
business address, and business telephone number.
B.
A listing of any final convictions of or a guilty plea to a sex offense, as defined in
section 16-11.7-102(3), C.R.S.
C.
For each such conviction or guilty plea, the provider shall provide, at a minimum:
1.
The date that the final judgment of conviction or guilty plea was entered;
2.
The nature of the offense or conduct that led to the final conviction or
guilty plea;
3.
The type, scope, and duration of the sentence or other penalty imposed,
including whether:
a.
The provider entered a guilty plea or was convicted pursuant to a
criminal adjudication;
b.
The provider was placed on probation and, if so, the duration and
terms of the probation and the date the probation ends; and
c.
The jurisdiction that imposed the final conviction or issued an order
approving the guilty plea.
D.
A listing of any final agency action by a professional regulatory board or agency
that results in probationary status or other limitation on the provider’s ability to
practice if the final agency action is based in whole or in part on:
1.
a conviction for or a guilty plea to a sex offense, as defined in section 16-
11.7-102(3), C.R.S
inal conviction or issued an order
approving the guilty plea.
D.
A listing of any final agency action by a professional regulatory board or agency
that results in probationary status or other limitation on the provider’s ability to
practice if the final agency action is based in whole or in part on:
1.
a conviction for or a guilty plea to a sex offense, as defined in section 16-
11.7-102(3), C.R.S. or a finding by the professional regulatory board or
Director that the provider committed a sex offense, as defined in as
defined in section 16-11.7-102(3), C.R.S.; or
CODE OF COLORADO REGULATIONS
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47
2.
a finding by a professional regulatory board or agency that the provider
engaged in unprofessional conduct or other conduct that is grounds for
discipline under the part or article of Title 12 of the Colorado Revised
Statutes that regulates the provider’s profession, where the failure or
conduct is related to, includes, or involves sexual misconduct that results
in harm to a patient or presents a significant risk of public harm to patients.
C.
For each such final agency action by a professional regulatory board or agency
the provider shall provide, at a minimum:
1.
The type, scope, and duration of the agency action imposed, including
whether:
a.
the regulator and licensee entered into a stipulation;
b.
the agency action resulted from an adjudicated decision;
c.
the provider was placed on probation and, if so, the duration and
terms of probation; and
d.
the professional regulatory board or agency imposed any limitations
on the provider’s practice and, if so, a description of the specific
limitations and the duration of the limitations.
2.
The nature of the offense or conduct, including the grounds for probation
or practice limitations specified in the final agency action;
3.
The date the final agency action was issued;
4.
The date the probation status or practice limitation ends; and
5
ncy imposed any limitations
on the provider’s practice and, if so, a description of the specific
limitations and the duration of the limitations.
2.
The nature of the offense or conduct, including the grounds for probation
or practice limitations specified in the final agency action;
3.
The date the final agency action was issued;
4.
The date the probation status or practice limitation ends; and
5.
The contact information for the professional regulatory board or agency
that imposed the final agency action on the provider, including information
on how to file a complaint.
Sample Signature Block
I have received and read the sexual misconduct disclosure by [Provider Name] and I
agree to treatment by [Provider Name].
_______________________________________________________________
Print Patient Name
_______________________________________________________________
Patient or Responsible Party’s Signature
Date
CODE OF COLORADO REGULATIONS
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If signed by Responsible Party (parent, legal guardian, or custodian), print Responsible
Party’s name and relationship to patient:
_______________________________________________________________
Print Responsible Party Name
Print Relationship to Patient
_______________________________________________________________
Licensee Signature
Date
CODE OF COLORADO REGULATIONS
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49
APPENDIX B
BALANCE BILLING NOTICE
PATIENT RIGHTS INFORMATION
Check the appropriate box:
☐
Your provider is proposing to use an out-of-network care provider in
delivering your health care service(s). This facility is in-network with your
insurance but there may be care providers involved in your care that are
out-of-network.
☐
Your provider is proposing to deliver post-stabilization care at an out-of-
network facility. You have received emergency services at the out-of-
network facility and are now stabilized, but you may require additional
health care services
ing your health care service(s). This facility is in-network with your
insurance but there may be care providers involved in your care that are
out-of-network.
☐
Your provider is proposing to deliver post-stabilization care at an out-of-
network facility. You have received emergency services at the out-of-
network facility and are now stabilized, but you may require additional
health care services.
You are not required to consent to receive these services from the out-of-network care
provider or continue to receive post-stabilization care at an out-of-network facility. If you
choose to proceed with the proposed out-of-network care provider or facility you may be
billed for costs detailed in the Good Faith Estimate below. The additional costs you pay
may not accrue toward insurance cost sharing or deductibles.
You may choose to use an in-network provider from the list below or you may choose to
transfer your care to an in-network facility for post-stabilization services. If you choose
to proceed with an in-network provider or transfer to an in-network facility, the cost will
not exceed the amount allowed by your insurance plan.
You chose to receive this Notice ☐ electronically or ☐ in paper form.
This notice must have been provided to you, either in paper or electronically, per your
preference within the following timeframes:
1.
At least seventy-two hours in advance of the date of services, if the
appointment was scheduled at least seventy-two hours in advance;
2.
At least three hours before the scheduled appointment, if the appointment
was made less than seventy-two hours in advance.
This is not a contract for services. Your provider is required to retain this form for seven
years.
This form must be available to you in the 15 languages most common to the geographic
region where your provider is located, which include English, Spanish, Vietnamese,
Chinese, Korean, Russian, Amharic, Arabic, German, French, Nepali, Tagalog,
Japanese, Cushite, and Persian.
ty-two hours in advance.
This is not a contract for services. Your provider is required to retain this form for seven
years.
This form must be available to you in the 15 languages most common to the geographic
region where your provider is located, which include English, Spanish, Vietnamese,
Chinese, Korean, Russian, Amharic, Arabic, German, French, Nepali, Tagalog,
Japanese, Cushite, and Persian.
CODE OF COLORADO REGULATIONS
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50
BILLING ADVISEMENT
(choose applicable billing scenario)
☐
Out-of-Network Provider at In-Network Facility
Your provider is proposing to use an out-of-network care provider in delivering your
service(s). That out-of-network provider is/are:
[PROVIDER NAME]
Description of service(s) to be provided by an in-network facility by an out-of-network
provider:
[SERVICE]
You scheduled the service(s) on [DATE] at [TIME]. You are planning to receive the
service(s) stated above on [DATE] at [TIME]
Do you need prior authorization from your insurance company for the service(s)
provided at this facility?
[Y / N]
Good Faith Estimate for the total cost of the service(s) to you, the patient:
[$]
Does this facility employ in-network care providers who provide the service(s) detailed
above?
[Y / N]
If Yes, the in-network care provider(s) who provide the service(s) are:
[PROVIDER NAME]
NOTE: If there is no in-network provider to provide the service(s) at this in-network
facility you cannot be balanced billed for the services provided by the out-of-network
provider. OR
☐
Post-Stabilization Services
Your provider is proposing to deliver post-stabilization care at an out-of-network facility.
The out-of-network facility is and/or the provider(s) is/are:
[FACILITY/PROVIDER NAME]
CODE OF COLORADO REGULATIONS
3 CCR 721-1
State Board of Psychologists Examiners
n-network
facility you cannot be balanced billed for the services provided by the out-of-network
provider. OR
☐
Post-Stabilization Services
Your provider is proposing to deliver post-stabilization care at an out-of-network facility.
The out-of-network facility is and/or the provider(s) is/are:
[FACILITY/PROVIDER NAME]
CODE OF COLORADO REGULATIONS
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Description of post-stabilization service(s) to be provided by an out-of-network facility or
provider:
[SERVICE]
You scheduled the service(s) on [DATE] at [TIME]. You are planning to receive the
service(s) stated above on [DATE] at [TIME].
Good Faith Estimate for the total cost of the service(s) to you, the patient:
[$]
I [PATIENT NAME] received this form at [TIME] on [DATE].
___________________________________________
SIGNATURE OF PATIENT
[TIME] and [DATE]
CODE OF COLORADO REGULATIONS
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52
Editor’s Notes
History
Entire rule emer. rule eff. 01/01/2012.
Entire rule eff. 02/01/2012.
Rule 12 eff. 03/16/2016.
Rules 13, 20, 21 emer. rules eff. 04/07/2017.
Rules 13, 20, 21 eff. 07/30/2017.
Rules 1.6 A, 1.6 B.2, 1.7 B.4, 1.14 A.2-5.b, 1.16 A emer. rules eff. 10/02/2020.
Rules 1.6 A, 1.6 B.2, 1.7 B.4, 1.12, 1.14 A.2-5.b, 1.16 A, 1.18 E, 1.22, Appendix A eff.
11/30/2020.
Rules 1.6 A, 1.12 C-D, 1.22, Appendix A eff. 05/30/2021.
Rule 1.8 B eff. 11/14/2021.
Rule 1.12 eff. 09/30/2022.
Rules 1.23, 1.24 emer. rules eff. 10/07/2022.
Rules 1.23-1.25, Appendix B eff. 11/30/2022.
Rule 1.24 emer. rule eff. 10/06/2023.
Rules 1.23, 1.24 repealed eff. 11/30/2023. Rule 1.24 eff. 11/30/2023.
Rules 1.6 C.2, 1.7 B, 1.7 C.1, 1.10, 1.11, 1.12 C.1.a(2)(i), 1.12 C.1.a(3), 1.12 C.2.a,
1.12 C.4, 1.13, 1.14 A.2, 1.14 B.2, 1.14 B.2.c, 1.14 C.1.f, 1.14 C.3.a(2),(3), 1.14
C.3.b, 1.16 A, 1.16 D,E, 1.20, 1.20 A.2, 1.20 B.1, 1.20 B.3, 1.20 C.1.A(1),(2),
1.20 C.2, 1.20 C.3, 1.20 C.4, 1.20 E, 1.21 A, 1.21 C, 1.21 F, 1.22 B.1 eff.
03/30/2025.
Rules 1.12 D, 1.14 D.1, 1.23, Appendix B eff. 09/30/2025
23.
Rules 1.6 C.2, 1.7 B, 1.7 C.1, 1.10, 1.11, 1.12 C.1.a(2)(i), 1.12 C.1.a(3), 1.12 C.2.a,
1.12 C.4, 1.13, 1.14 A.2, 1.14 B.2, 1.14 B.2.c, 1.14 C.1.f, 1.14 C.3.a(2),(3), 1.14
C.3.b, 1.16 A, 1.16 D,E, 1.20, 1.20 A.2, 1.20 B.1, 1.20 B.3, 1.20 C.1.A(1),(2),
1.20 C.2, 1.20 C.3, 1.20 C.4, 1.20 E, 1.21 A, 1.21 C, 1.21 F, 1.22 B.1 eff.
03/30/2025.
Rules 1.12 D, 1.14 D.1, 1.23, Appendix B eff. 09/30/2025.
Rules 1.20, 1.24 eff. 05/30/2026
Annotations
Rules 1.12 C, 1.12 D, 1.22 E.4 (adopted 10/02/2020) were not extended by Senate Bill
21-152 and therefore expired 05/15/2021.
Rules 1.24 B. and 1.24 C. (adopted 10/07/2022) were not extended by Senate Bill 23-
102 and therefore expired 05/15/2023.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.