4 Colo. Code Regs. § 734-1.6

Current through Register Vol. 47, No. 16, August 25, 2024

Section 4 CCR 734-1.6 - INFORMATION REQUIRED TO BE REPORTED TO THE BOARD (C.R.S. section 12-245-226(8))

A.General. Unlicensed psychotherapists are required to report violations of sections 12-245-224 and/or 12-245-228, C.R.S., to the appropriate Board once they have direct knowledge that a licensee as defined by section 12-245-202(8), a certificate holder as defined by section 12-245-202(2), or a registrant as defined by section 12-245-202(16), C.R.S., has violated a provision of section 12-245-224 or 12-245-228, C.R.S., to include conversion therapy with a client under the age of 18 years old prohibited per section 12-245-224(1)(t)(V), C.R.S. Unlicensed psychotherapists are not required to report when reporting would violate client/therapist confidentiality (refer to section 12-245-220, C.R.S.).

B.Terms.

1. Direct knowledge includes, but is not limited to the following:

a. Having seen, heard, or participated in the alleged violation;

b. Having been informed by the client/victim and obtained informed consent to release information as to the event or the client's name;

c. Having been informed of a violation by the violator;

d. Having been informed by a guardian of a minor or adult and obtained informed consent from the guardian to release information; or

e. Having been informed by a professional organization, agency, or any other entity, that an alleged violation occurred.

2. "Has violated" means a reasonable belief that a licensee, certified addiction counselor, or unlicensed psychotherapist has engaged in a prohibited activity under section 12-245-224, C.R.S., or unauthorized practice as prohibited under section 12-245-228, C.R.S.

C.Procedures.

1. Once direct knowledge is established, the unlicensed psychotherapist must report the alleged violation as soon as possible or, absent unusual circumstances, no later than sixty days.

2. When direct knowledge of a violation of section 12-245-224 or 12-245-228, C.R.S., is obtained from her/his client, the unlicensed psychotherapist shall:

a. Inform the client a violation may have occurred;

b. Encourage the client to report the violation; and

c. Obtain the client's informed consent before reporting the alleged violation.

3. The report shall be in writing and shall include the specifics of the violation, to the degree known, and any and all relevant information and supporting documentation.

D. Nothing in this Rule relieves any mental health professional from adhering to any other mandatory disclosure reporting requirements required by statute.

4 CCR 734-1.6

43 CR 22, November 25, 2020, effective 12/15/2020

44 CR 10, May 25, 2021, effective 6/14/2021

44 CR 22, November 25, 2021, effective 12/15/2021

45 CR 22, November 25, 2022, effective 12/15/2022