Code of Colorado Regulations
700 - Department of Regulatory Agencies
744 - Division of Professions and Occupations - Board of Addiction Counselor Examiners
4 CCR 744-1 - BOARD OF ADDICTION COUNSELOR EXAMINERS RULES
Section 4 CCR 744-1.6 - INFORMATION REQUIRED TO BE REPORTED TO THE BOARD (C.R.S. section 12-245-226(8))

Universal Citation: 4 CO Code Regs 744-1 ยง 6

Current through Register Vol. 47, No. 17, September 10, 2024

A. General.

Certified and licensed addiction counselors 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), C.R.S., 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 sections 12-245-224 and/or 12-245-228, C.R.S., or as otherwise provided by the Colorado Department of Human Services Rules, 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. Certified or licensed addiction counselors 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, or certified addiction counselor, 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 certified or licensed addiction counselor 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 sections 12-245-224 or 12-245-228, C.R.S., is obtained from her/his client, the certified or licensed addiction counselor 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 reporting requirements required by statute.

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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