3 Colo. Code Regs. § 721-1.19

Current through Register Vol. 47, No. 22, November 25, 2024

Section 3 CCR 721-1.19 - CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE FOR PHYSICAL OR MENTAL ILLNESS (C.R.S. section 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. 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.

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. 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.

3 CCR 721-1.19

39 CR 04, February 25, 2016, effective 3/16/2016

40 CR 13, July 10, 2017, effective 7/30/2017

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 09, May 10, 2021, effective 5/30/2021

44 CR 20, October 25, 2021, effective 11/14/2021

45 CR 17, September 10, 2022, effective 9/30/2022

45 CR 21, November 10, 2022, effective 11/30/2022