Section 12-245-802 - State board of addiction counselor examiners - created - members - terms(1) There is created a state board of addiction counselor examiners under the supervision and control of the division. The state board of addiction counselor examiners is a type 1 entity, as defined in section 24-1-105. Once the governor appoints the board members and the board adopts necessary rules, the board is responsible for regulating addiction counselors pursuant to this part 8 and this article 245.(2) The board consists of seven members who are residents of the state of Colorado. The governor shall appoint the members of the board as follows: (a)(I) Four board members must be licensed or certified addiction counselors, and except as provided in subsection (2)(a)(II) of this section, at least two of these four members must be engaged in the direct practice of addiction counseling. The four board members appointed pursuant to this subsection (2)(a) must include at least one licensed addiction counselor and at least one certified addiction counselor.(II) If, after a good-faith attempt, the governor determines that a licensed or certified addiction counselor who is engaged in the direct practice of addiction counseling is not available to serve on the board for a particular term, the governor may appoint a licensed or certified addiction counselor who is not engaged in the direct practice of addiction counseling to serve on the board pursuant to this subsection (2)(a).(b) Three board members must be representatives of the general public, one of whom may be an addiction counseling consumer or family member of an addiction counseling consumer. These individuals must have never been addiction counselors, applicants, or former applicants for licensure or certification as an addiction counselor, members of another mental health profession, members of households that include addiction counselors or any other mental health professional, or otherwise have conflicts of interest or the appearance of a conflict with their duties as board members.(3) Each board member shall hold office until the expiration of the member's appointed term or until a successor is duly appointed. The term of each member is four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A board member shall not serve more than two full consecutive terms. The governor shall fill a vacancy occurring in board membership, other than by expiration of a term, by appointment for the unexpired term of the member.(4) The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty include the failure of board members to attend three consecutive meetings or at least three-fourths of the total meetings in any calendar year.Amended by 2022 Ch. 469, § 130, eff. 8/10/2022.Amended by 2022 Ch. 207, § 10, eff. 8/10/2022.Amended by 2022 Ch. 2, § 21, eff. 2/25/2022.Amended by 2020 Ch. 304, § 36, eff. 7/14/2020.Renumbered from C.R.S. § 12-43-802 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.L. 2008: Entire part added, p. 412, § 1, effective August 5. L. 2011: Entire section R&RE, (SB 11 -187), ch. 285, p. 1276, § 5, effective July 1.(1) This section is similar to former § 12-43-802 as it existed prior to 2019.
(2) Amendments to subsection (3) by SB 22-013 and HB 22-1307 were harmonized.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.