- HB22-1299 License Registration Fee Relief
- Mental/Behavioral Health Parity Information
- Revised Rules Effective June 14, 2021
- New Rules Effective December 15, 2020
- HB20-1206, Concerning the Continuation of Regulation of Mental Health Professionals
- Records Retention Workgroup to Meet
- New Law Affects Registered Psychotherapists
- New Disclosure Required
- ABA Requirements Defined
HB22-1299 License Registration Fee Relief for Mental Health Professionals
Revised Rules Effective June 14, 2021
Revised rules for the State Board of Unlicensed Psychotherapists went into effect on June 14, 2021. The revisions to Rule 1.6 implemented Colorado House Bill 19-1129; and revisions to Rule 1.16 and Appendix A, corrected language in the rule that conflicted with portions of section 12-30-115, C.R.S., in Colorado Senate Bill 20-102 (Concerning required disclosures to patients regarding formal actions based on sexual misconduct).
To view the details of this rulemaking project and track all rule changes, see Tracking Number 2021-00171. The Board encourages all licensees and stakeholders to read the revised and published Rules 1.6, 1.16, and Appendix A. Please direct any questions to email@example.com.
New Rules Effective December 15, 2020
The new and revised rules for the State Board of Unlicensed Psychotherapists went into effect in December 15, 2020, to implement Colorado House Bill 20-1206, House Bill 20-1326, and Senate Bill 20-102. These Bills concern the following:
- Colorado House Bill 20-1206: The continuation of the regulation of mental health professionals, and in connection therewith, implementing recommendations contained in the 2019 sunset report by the Department of Regulatory Agencies;
- Colorado House Bill 20-1326: Expansion of an individual's ability to practice an occupation in Colorado through creation of an occupational credential portability program; and
- Colorado Senate Bill 20-102: Required disclosure to patients regarding formal actions based on sexual misconduct.
To view the details of this rulemaking project and track all rule revisions, follow Tracking Number 2020-00735. The Board encourages all licensees and stakeholders to read the final, published New and Revised Rules. Please direct any questions to firstname.lastname@example.org.
HB20-1206, Concerning the Continuation of Regulation of Mental Health Professionals
The Division of Professions and Occupations (DPO), within the Colorado Department of Regulatory Agencies (DORA), has been provided the authority by the Colorado State Legislature to create the Mental Health Disciplinary Record Work Group. The Work Group will examine the state’s rules and policies with regard to the retention and use of certain kinds of disciplinary records as it relates to licensing of mental health professionals in the state. The Work Group, created by House Bill 20-1206, will meet throughout the Fall and Winter of 2020, and will make recommendations to the Governor, the Executive Director of DORA and the health committees in the House and Senate about any potential changes the Work Group identifies.
Division Convenes Work Group to Study Disciplinary Records Retention in the Mental Health Professions
Pursuant to House Bill 20-1206 (HB-1206) “Sunset Mental Health Professionals”, the Division of Professions and Occupations (Division) has convened the Mental Health Records Retention Workgroup, to study, take public comment on, and make recommendations with respect to how the Division handles and uses certain disciplinary records in its licensing decisions, and how & when those records are made public.
The Work Group will meet several times throughout the fall and winter of 2020, with the National Conference of State Legislatures (NCSL) facilitating, and will make its final recommendations to the General Assembly, Governor, and the Division by January 1, 2021.
The following individuals have been appointed to be Voting Members of the Work Group:
- Ronne Hines, Director, Division of Professions and Occupations
- Senator Brittany Pettersen (D-22)
- Sen. Cheri Jahn (Ret.)
- Felicidad Fraser-Solak
- Brian Gonzales
- Angela Green
- Terri Hurst
- Mita Johnson
- Tim Ranney
- Ana Vizoso
The Work Group is currently scheduled to meet on the following dates, with additional meeting dates added as necessary:
- September 17, 2020, from Noon to 2:30 p.m., Agenda, Presentation
- October 19, 2020, from 2-5 p.m., Agenda, Presentation
- The work group will meet as subcommittees, November 5, 2020, from Noon to 3:00 p.m., Agenda
- November 19, 2020, from 1-4 p.m., Agenda
- December 10, 2020 from 1:30 - 3:30 p.m.. Agenda
As part of the Division's outreach efforts to the public, the Division hosted a townhall meeting on Wednesday, October 14, 2020, 11:00 a.m - noon, to gather comments from interested members of the public. The recording of the townhall may be accessed here.
The Division will host an additional townhall meeting on Thursday, November 12, from 9:00 - 10:00 a.m., to gather comments from interested members of the public. Please click here to register for the townhall - registration is required to attend.
New Law Affects Registered Psychotherapists
Recent legislative changes will affect the registered psychotherapist profession. HB20-1206 Sunset Mental Health Professionals includes a provision that changes the title “registered psychotherapist” to “unlicensed psychotherapist” for all current psychotherapists on the registry, and discontinues the registration of any new psychotherapists. In addition, the new law states that any person practicing psychotherapy must be registered before the effective date of this new provision. The new law will go into effect immediately upon Governor Polis’ signature.
Please be advised the Division of Professions and Occupations will no longer accept any new applications for registered psychotherapists after the bill goes into effect, and only those already on the registry can lawfully practice psychotherapy in Colorado.
If you have questions, please send them to email@example.com.
New Disclosure Required
On May 14, 2019, Governor Jared Polis signed House Bill 19-1174 Out of Network Healthcare Services. The bill includes provisions for how health insurance carriers will reimburse providers (doctors, hospitals and other health care providers) for out-of-network emergency and non-emergency care. The new law went into effect on January 1, 2020, and also requires healthcare providers to develop and provide consumer disclosures about the potential effects of receiving emergency or non-emergency services from an out-of-network provider, and the possibility of “surprise billing.” As part of the implementation of House Bill 19-1174 Out-of-network Surprise Billing, the Division of Professions and Occupations is providing a sample disclosure form. Please feel free to use your own form if you prefer.
ABA Requirements Defined
Q: Are Behavioral Therapist required to register with DORA as a psychotherapist to engage in applied behavior analysis?
A: Applied Behavior Analysis and Psychotherapy: The practice of applied behavior analysis (ABA) differs from the practice of psychotherapy. The Association of Professional Behavior Analysts defines ABA as design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. The practice of ABA includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. ABA interventions are based on scientific research and direct and indirect observation and measurement of behavior and environment. They utilize contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other procedures to help individuals develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions.
ABA practitioners (e.g., those certified by the Behavior Analyst Certification Board) are not required to register as a Psychotherapist unless they engage in the practice of psychotherapy as defined in section statute. in addition to their ABA work.