Current through Register Vol. 47, No. 17, September 10, 2024
A. Whenever an exemption from the Board's
jurisdiction is claimed based on an assertion of the practice of religious
ministry as stated in section
12-245-217(1),
C.R.S., the Board shall consider factors, including but not limited to those
listed below, which, taken together and placed within the context of the
incident in question, would tend to reasonably indicate that the person seeking
the exemption was engaged in the practice of religious ministry. Before taking
action on a complaint, the Board shall consider the following factors and other
information that indicate the person claiming exemption was not engaged in the
practice of religious ministry at the time of the alleged violation of the
statute. If the Board determines that this exemption applies, and the
registrant was practicing religious ministry, the
Board will have no jurisdiction to take any further action on the
complaint.
B. In determining
whether the practice of psychotherapy has occurred, the Board analyzes
activities and the basic nature of the interaction among the persons involved.
The analysis focuses on what occurred, on how it occurred, and on why it
occurred.
C.
Factors.
1. Whether
the client or guardian had received notice or reasonably understood that the
therapy in question was a part of religious practice/ministry.
2. Whether the client or guardian was seeking
therapy from a religious organization to which the complainant belonged at any
time.
3. Whether a written
agreement or disclosure existed that stated that the therapy in question was
part of religious practice/belief.
4. Whether the therapy services were
conducted in a house of worship or on property belonging to a religious
organization.
5. Whether the
provider of the therapy services represents him or herself as a religious
official who is counseling as part of a religious ministry.
6. Whether the therapy services were part of
an on-going relationship, formed because the provider is spiritual counselor to
the client.
7. Whether the provider
of therapy services holds a position of trust within a religious
organization.
8. Whether the
provider of the therapy services advertises therapy to the general public for a
fee.
9. Whether the provider of the
therapy services collects fees or expects/requires donations, offerings, tithes
etc.
10. Whether the therapy
services provided are based on any religious orientation or
viewpoint.
11. Whether the provider
engaged in the practice of therapy services is accountable or subject to any
religious organization or person for misdeeds or acts of misconduct.
12. Whether the provider of therapy services
is a member of a religious organization recognized by the Internal Revenue
Service. Does the organization hold 501(C)(3) tax-exempt status.
13. Whether the provider of therapy services
is trained in theology or any other field, area, or specialty related to the
study of a religious or spiritual orientation.
14. Whether the service provided within a
private practice setting.
15.
Whether the provider of the therapy services has a declaration of religious
mission or a statement identifying the religious views or beliefs of the
organization or person.
