Code of Colorado Regulations
700 - Department of Regulatory Agencies
737 - Division of Professions and Occupations - State Board of Licensed Professional Counselor Examiners
4 CCR 737-1 - LICENSED PROFESSIONAL COUNSELOR EXAMINERS RULES AND REGULATIONS
Section 4 CCR 737-1.21 - CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE FOR PHYSICAL OR MENTAL ILLNESS (C.R.S. section 12-245-223)

Universal Citation: 4 CO Code Regs 737-1 § 21

Current through Register Vol. 47, No. 5, March 10, 2024

A licensed professional counselor is only subject to disciplinary action for a physical or mental illness if the licensed professional counselor fails to: comply with the limitations of a Confidential Agreement entered into pursuant to Section 12-245-223, C.R.S.; fails to act within the limitations created by the physical or mental illness or condition; or fails to notify the Board of a physical or mental illness or condition that impacts a licensed professional counselor's ability to perform a Professional Service with reasonable skill and safety to Clients.

A. Notice to Board. No later than thirty days from the date a physical or mental illness or condition impacts a Licensee's ability to perform Professional Services with reasonable skill and safety, the Licensee shall provide the Board, in writing, the following information:

1. The diagnosis and a description of the illness or condition;

2. The date that the illness or condition was first diagnosed;

3. The name of the current treatment provider and documentation from the current treatment provider confirming the diagnosis, date of onset, and treatment plan;

4. A description of the Licensee's practice and any modifications, limitations or restrictions to that practice that have been made as a result of the illness or condition;

5. Whether the Licensee has been evaluated by, or is currently receiving services from the Board's authorized peer health assistance program related to the illness or condition and, if so, the date of initial contact and whether services are ongoing.

B. Change of Circumstances; Further Notice. The licensee shall further notify the Board of any significant change in the illness or condition ("change of condition") that impacts the Licensee's ability to perform a Professional Service with reasonable skill and safety. The Licensee must notify the Board of a positive or negative change of condition. Such notification shall occur within thirty days of the change of condition. The Licensee shall provide the Board, in writing, the following information:

1. The date of the change of condition;

2. The name of the current treatment provider and documentation from the current treatment provider confirming the change of condition, the date that the condition changed, the nature of the change of condition, and the current treatment plan;

3. A description of the Licensee's practice and any modifications, limitations or restrictions to that practice that have been made as a result of the change of condition;

4. Whether the Licensee has been evaluated by, or is currently receiving services from, the peer health assistance program related to the change of condition and, if so, the date of initial contact and whether services are ongoing.

C. Confidential Agreement; Board Discretion. Compliance with this Rule is a prerequisite for eligibility to enter into a Confidential Agreement with the Board pursuant to section 12-245-223, C.R.S. However, mere compliance with this Rule does not require the Board to negotiate regarding, or enter into, a Confidential Agreement. Rather, the Board will evaluate all facts and circumstances to determine if a Confidential Agreement is appropriate.

D. Failure to Notify. If the Board discovers that a Licensee has a mental or physical illness or condition that impacts the Licensee's ability to perform a Professional Service with reasonable skill and safety and the Licensee has not timely notified the Board of such illness or condition as required under these rules, the Licensee shall not be eligible for a Confidential Agreement and may be subject to disciplinary action for failure to notify under section 12-245-223(1), C.R.S., and other related violations contemplated under section 12-245-224(1)(f), C.R.S.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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