Colo. Rev. Stat. § 12-245-202

Current through 11/5/2024 election

Section 12-245-202 - Definitions

As used in this article 245, unless the context otherwise requires:

(1) "Board" includes the state board of psychologist examiners, the state board of social work examiners, the state board of licensed professional counselor examiners, the state board of marriage and family therapist examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners.

(2) "Certificate holder" means an addiction counselor certified pursuant to this article 245.

(3) "Certified addiction counselor" means a person who is an addiction counselor certified pursuant to this article 245.

(3.5)

(a) "Conversion therapy" means any practice or treatment by a licensee, registrant, or certificate holder that attempts or purports to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.

(b) "Conversion therapy" does not include practices or treatments that provide:

(I) Acceptance, support, and understanding for the facilitation of an individual's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek to change sexual orientation or gender identity; or

(II) Assistance to a person undergoing gender transition.

(4) "Dementia diseases and related disabilities" has the same meaning set forth in section 25-1-502 (2.5).

(5) "Licensed addiction counselor" means a person who is an addiction counselor licensed pursuant to this article 245.

(6) "Licensed professional counselor" means a person who is a professional counselor licensed pursuant to this article 245.

(7) "Licensed social worker" means a person who:

(a) Is a licensed social worker or licensed clinical social worker; and

(b) Is licensed pursuant to this article 245.

(8) "Licensee" means a psychologist, social worker, clinical social worker, marriage and family therapist, licensed professional counselor, or addiction counselor licensed pursuant to this article 245.

(9) "Marriage and family therapist" means a person who is a marriage and family therapist licensed pursuant to this article 245.

(10) "Professional relationship" means an interaction that is deliberately planned or directed, or both, by the licensee, registrant, or certificate holder toward obtaining specific objectives.

(11) "Provisional license" means a license or certification issued pursuant to section 12-245-208.

(12) "Provisional licensee" means a person who holds a provisional license pursuant to section 12-245-208.

(13) "Psychologist" means a person who is a psychologist licensed pursuant to this article 245.

(14)

(a) "Psychotherapy" or "psychotherapy services" means the treatment, diagnosis, testing, assessment, or counseling in a professional relationship to assist individuals or groups to alleviate behavioral and mental health disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors that interfere with effective emotional, social, or intellectual functioning. Psychotherapy follows a planned procedure of intervention that takes place on a regular basis, over a period of time, or in the cases of testing, assessment, and brief psychotherapy, psychotherapy can be a single intervention.

(b) It is the intent of the general assembly that the definition of psychotherapy as used in this article 245 be interpreted in its narrowest sense to regulate only those persons who clearly fall within the definition set forth in this subsection (14).

(15) Repealed.

(16) "Registrant" means a psychologist candidate, clinical social worker candidate, marriage and family therapist candidate, licensed professional counselor candidate, or addiction counselor candidate registered pursuant to section 12-245-304 (3), 12-245-404 (4), 12-245-504 (4), 12-245-604 (4), or 12-245-804 (3.7), respectively, or an unlicensed psychotherapist.

(17)

(a) "Unlicensed psychotherapist" means a person:

(I) Whose primary practice is psychotherapy or who holds himself or herself out to the public as being able to practice psychotherapy for compensation; and

(II) Who is registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703 to practice psychotherapy in this state.

(b) "Unlicensed psychotherapist" also includes a person who:

(I) Is a licensed school psychologist licensed pursuant to section 22-60.5-210 (1)(b);

(II) Is practicing outside of a school setting; and

(III) Is registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703.

C.R.S. § 12-245-202

Amended by 2022 Ch. 207, § 3, eff. 8/10/2022.

Amended by 2020 Ch. 304, § 46, eff. 7/14/2020.

Amended by 2019 Ch. 378,§ 7, eff. 10/1/2019.

Amended by 2019 Ch. 378,§ 3, eff. 8/2/2019.

Amended by 2019 Ch. 197, § 6, eff. 10/1/2019.

Renumbered from C.R.S. § 12-43-201 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.

Amended by 2019 Ch. 197, § 2, eff. 5/16/2019.

Amended by 2018 Ch. 74, § 12, eff. 8/8/2018.

Amended by 2017 Ch. 263, § 89, eff. 5/25/2017.

L. 88: Entire article R&RE, p. 536, § 1, effective July 1. L. 89: (10) amended, p. 696, § 1, effective April 15. L. 92: (7.5) added and (9) amended, p. 2033, § 1, effective July 1. L. 98: (1), (4), (5), (6), (7), (8), and (10) amended and (5.5), (9.3), and (9.5) added, p. 1107, § 4, effective July 1. L. 2000: (2) and (10) amended and (9.7) added, p. 1841, § 17, effective August 2. L. 2005: (5.5)(a) and (9.3) amended, p. 126, § 2, effective August 8. L. 2006: (7.7) and (7.8) added, p. 1204, § 5, effective May 26. L. 2008: (1.5), (1.7), and (3.5) added and (6) amended, p. 416, § 3, effective August 5. L. 2011: IP, (1), (3), (6), (7.5), (7.7), (7.8)(b), (9), (9.3), (9.5), (9.7), and (10) amended and (1.3), (1.8), and (9.1) added, (SB 11 -187), ch. 285, p. 1278, § 7, effective July 1. L. 2017: IP and (9)(a) amended, (SB 17-242), ch. 263, p. 1286, § 89, effective May 25. L. 2018: (1.6) added, (HB 18-1091), ch. 74, p. 645, § 12, effective August 8.

(1) This section is similar to former § 12-43-201 as it existed prior to 2019.

(2) (a) Before its relocation in 2019, this section was amended in HB 19-1129. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1129, chapter 378, Session Laws of Colorado 2019.

(b) Before its relocation in 2019, this section was amended in HB 19-1120. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 16, 2019, to October 1, 2019, see HB 19-1120, chapter 197, Session Laws of Colorado 2019.

2022 Ch. 207, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

For the legislative declaration in HB 19-1120, see section 1 of chapter 197, Session Laws of Colorado 2019.