State Board of Licensed Professional Counselor Examiners: Legislative Updates

New 2019 Legislation

On May 31, 2019, Governor Jared Polis signedHB19-1129 Prohibit Conversion Therapy for a Minor. The new law goes into effect on August 2, 2019, and prohibits a licensed physician specializing in psychiatry or a licensed, certified, or registered mental health care provider from engaging in conversion therapy with a patient under 18 years of age. Any licensee who engages in these practices is subject to disciplinary action by the appropriate mental health licensing board or the Colorado Medical Board, respectively.

On May 6, 2019, Governor Jared Polis signed SB 19-201 Open Discussions About Adverse Health Care Incidents. This new law creates the "Colorado Candor Act” and establishes a process for the communication between a patient and a healthcare provider or health facility after an adverse health care incident. Under the new law, if an adverse health care incident occurs, a health care provider involved with the incident, either individually or jointly with the facility involved, may request that the patient enters into an open discussion concerning the incident. The request must include certain components listed in the law.

If an offer of compensation is made, the new law requires certain processes for payment and financial resolution to be followed. If a health care provider or health facility determines that no offer of compensation is warranted, the health care provider or health facility shall orally communicate that decision with the patient.

A health care provider or facility may provide de-identified information about an adverse health care incident to any patient safety centered nonprofit organization.