3 Colo. Code Regs. § 721-1.6

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

Section 3 CCR 721-1.6 - INFORMATION REQUIRED TO BE REPORTED TO THE BOARD (C.R.S. section 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

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 her/his 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.

3 CCR 721-1.6

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