4 Colo. Code Regs. § 726-1.17
Current through Register Vol. 47, No. 22, November 25, 2024
Section 4 CCR 726-1.17 - RELIGIOUS MINISTRY EXEMPTIONA. Whenever 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.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 normally represents themselves 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 a spiritual counselor to the client.7. Whether the provider of psychotherapy 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 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. Does the organization hold 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 was provided is 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.39 CR 04, February 25, 2016, effective 3/16/201639 CR 24, December 25, 2016, effective 1/14/201743 CR 20, October 25, 2020, effective 11/14/202044 CR 08, April 25, 2021, effective 5/15/202144 CR 20, October 25, 2021, effective 11/14/202145 CR 20, October 25, 2022, effective 11/14/2022