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Dear Licensee:
The following bills were recently signed into law and affect your profession.
HB22-1299 License Registration Fee Relief For Mental Health Professionals was signed May 17, 2022 by Gov. Jared Polis. The law, became effective upon the Governor’s signature, and directs the state treasurer to transfer $3,698,586 from the general fund to the Division of Professions and Occupations cash fund for use beginning in the 2022-23 state fiscal year and until fully expended to fund the licensing renewal fees of the State Board of Psychologist Examiners, State Board of Social Work Examiners, State Board of Marriage and Family Therapist Examiners, State Board of Licensed Professional Counselor Examiners, State Board of Unlicensed Psychotherapists, and State Board of Addiction Counselor Examiners in order to facilitate fee relief for mental health professionals regulated by those boards.
HB22-1278 Behavioral Health Administration was signed on May 25, 2022 by Gov. Polis. The law became effective upon the Governor’s signature. The Behavioral Health Administration (BHA) in the Department of Human Services (department) was established to create a coordinated, cohesive, and effective behavioral health system in the state.
The BHA will handle most of the behavioral health programs that were previously handled by the Office of Behavioral Health in the department. The bill establishes a commissioner as the head of the BHA and authorizes the commissioner and State Board of Human Services to adopt and amend rules that previously were promulgated by the executive director of the department. The Department of Regulatory Agencies (DORA) will collaborate with BHA and provide any necessary assistance to achieve the goals set forth by BHA.
SB22-076 Complaint Occupational License Official Acts was signed on April 7, 2022, and became effective upon the Governor’s signature. It directs the agency that regulates an occupation to dismiss an anonymous complaint that is lodged against the holder of an occupational license, certification, or registration if the complaint is based on words said or actions taken as:
- An elected official of Colorado or a political subdivision of Colorado; or
- A member of a board or commission of Colorado or a political subdivision of Colorado.
If the same type of complaint is submitted, but not anonymously, DORA is authorized to dismiss the complaint. The subject of the complaint need not respond or provide evidence for the complaint to be dismissed. An exception is added for words said to or actions committed for a specific person when the license, certificate, or registration holder is speaking or acting as a member of the occupation.
HB22-1307 Mental Health Professionals Technical Changes was signed on May 30, 2022 and takes effect at 12:01 a.m. on the day following the expiration of the 90-day period after final adjournment of the general assembly.HB 22-1307 adds mental health professional to the list of individuals and entities that are not held liable for dispensing an opiate antagonist in accordance with the law. Section 1 also updates the definition of "mental health professional" by adding "unlicensed" before "psychotherapist". Section 2 adds, in the legislative declaration of the mental health practice act, clinical social worker candidates and addiction counselor candidates to the list of mental health licensee candidates who are subject to disciplinary actions and injunctions by their respective regulatory boards. Section 3 updates the definition of "registrant" by adding a cross reference for clinical social worker candidates and by adding addiction counselor candidates to the definition. Section 4 adds unlicensed psychotherapists to the section of law that clarifies that mental health professionals cannot administer or prescribe drugs or practice medicine.
Current law prohibits a person who practices religious ministry from publicly claiming to be a licensed, certified, or registered mental health professional unless the person possesses the proper credentials. Section 5 adds certified addiction specialists and certified addiction technicians to the list of mental health professionals and makes a technical change to that same section of law. Sections 6, 7, 9, and 10 delete obsolete language from the social worker practice act, the marriage and family therapist practice act, the licensed professional counselor practice act, and the addiction counselor practice act concerning the initial appointment of members to their respective regulatory boards. Section 8 replaces the term "psychotherapists" with the proper term "mental health professionals" in the definition of "marriage and family therapy practice".
Other bills impacting your profession include:
HB22-1298 Fee Relief Nurses Nurse Aides And Psychiatric Technician, which directs the state treasurer to transfer $11,720,278 from the general fund to the division of professions and occupations cash fund for use beginning in the 2022-23 state fiscal year and until fully expended to fund the expenses of the state board of nursing in order to facilitate licensure and certification fee relief for nurses, nurse aides, and psychiatric technicians.
HB22-1256 Modifications To Civil Involuntary Commitment, which modifies current law around civil involuntary commitment.
SB22-181 Behavioral Health-care Workforce, which requires the Behavioral Health Administration (BHA) in the Department of Human Services to create and implement a behavioral health-care provider workforce plan on or before September 1, 2022. The bill also requires the Division of Professions and Occupations in DORA to make recommendations to expand the portability of existing credentialing requirements and behavioral health-care practice through telehealth. Further, the bill requires the BHA in collaboration with DORA, to establish workforce standards that strengthen the behavioral health-care provider workforce and increase opportunities for unlicensed behavioral health-care providers.
Please review the bills or full bill summaries for HB22-1298, HB22-1256, and SB22-181 for important additional information.
Other bills affecting your profession include:
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HB22-1041 Privacy Protections For Protected Persons. The law adds child representatives, code enforcement officers, health-care workers, mortgage servicers, and office of the respondent parents' counsel staff members and contractors to the list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family.
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SB22-116 Increase Occupational Credential Portability. The law amends the existing occupational credential portability law.
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HB22-1326 Fentanyl Accountability And Prevention. The bill created a number of levels of drug felony charges based on the amount of product and if it contains any fentanyl or similar products. The bill expands the list of eligible entities that are eligible for standing orders to receive opiate antagonists to include institutes of higher education, libraries, religious organizations, jails and prisons, probation, public health agencies, and mental health professionals.
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SB22-140 Expansion Of Experiential Learning Opportunities. The law requires the Department of Labor and Employment, in partnership with numerous others, to provide incentives to eligible employers to create high-quality, work-based learning opportunities for adults and youth (incentive program). The Division of Professions and Occupations may help provide information to licensees about the program.
Please also see these other new laws:
All bill summaries for businesses and professions under the Division of Professions and Occupations are available on our Legislative Updates webpage. We encourage licensees to review all Colorado laws and rules that affect their licensure and practice. Questions may be referred to dora_mentalhealthboard@state.co.us.
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