C.R.S. Section 12-245-203.5
Minors

  • consent for outpatient psychotherapy services
  • immunity
  • definition

(1)

As used in this section, unless the context otherwise requires, “mental health professional” includes a professional person as defined in section 27-65-102 (27); a mental health professional licensed pursuant to part 3, 4, 5, 6, or 8 of this article 245; a licensed professional counselor candidate; a psychologist candidate; a clinical social worker candidate; a marriage and family therapist candidate; or an addiction counselor candidate.

(2)

Intentionally left blank —Ed.

(a)

Notwithstanding any other provision of law, a mental health professional may provide psychotherapy services, as defined in section 12-245-202 (14)(a), to a minor who is twelve years of age or older, without the consent of the minor’s parent or legal guardian, if the mental health professional determines that:

(I)

The minor is knowingly and voluntarily seeking such services; and

(II)

The provision of psychotherapy services is clinically indicated and necessary to the minor’s well-being.

(b)

A minor may not refuse psychotherapy services when a mental health professional and the minor’s parent or legal guardian agree psychotherapy services are in the best interest of the minor.

(3)

If a minor voluntarily seeks psychotherapy services on the minor’s own behalf pursuant to subsection (2)(a) of this section:

(a)

The mental health professional may notify the minor’s parent or legal guardian of the psychotherapy services given or needed, with the minor’s consent, unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor’s care and treatment;

(b)

The mental health professional shall engage the minor in a discussion about the importance of involving and notifying the minor’s parent or legal guardian and shall encourage such notification to help support the minor’s care and treatment; and

(c)

Notwithstanding the provisions of subsection (3)(a) of this section, a mental health professional may notify the minor’s parent or legal guardian of the psychotherapy services given or needed, without the minor’s consent, if, in the professional opinion of the mental health professional, the minor is unable to manage the minor’s care or treatment.

(4)

A mental health professional shall fully document when the mental health professional attempts to contact or notify the minor’s parent or legal guardian and whether the attempt was successful or unsuccessful, or the reason why, in the mental health professional’s opinion, it would be inappropriate to contact or notify the minor’s parent or legal guardian. If a minor seeks psychotherapy services on the minor’s own behalf pursuant to subsection (2)(a) of this section, documentation must be included in the minor’s clinical record, along with a written statement signed by the minor indicating that the minor is voluntarily seeking psychotherapy services.

(5)

Psychotherapy services must be provided in a culturally appropriate manner. Written and oral instruction, training of providers and staff, and the overall provision of services must be culturally appropriate and provided in a manner and format to support individuals with limited English proficiency or challenges with accessibility related to a disability and with respect for diverse backgrounds, including individuals with different cultural origins and individuals who are lesbian, gay, bisexual, or transgender.

(6)

As used in this section, “psychotherapy services” does not include inpatient psychotherapy services.

(7)

If a minor who is receiving psychotherapy services pursuant to this section communicates a serious threat of imminent physical violence against a specific person or persons, including a person who is identifiable by the person’s association with a specific location or entity, the mental health professional is subject to the notification provisions of section 13-21-117 (2) and shall notify the minor’s parent or legal guardian unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor’s care and treatment.

(8)

Repealed.

Source: Section 12-245-203.5 — Minors - consent for outpatient psychotherapy services - immunity - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12–245–101
Legislative declaration 12–245–201
Applicability of common provisions 12–245–202
Definitions 12–245–203
Practice outside of or beyond professional training, experience, or competence - general scope of practice for licensure, registration, or certification 12–245–203.5
Minors - consent for outpatient psychotherapy services - immunity - definition 12–245–204
Boards - division to supervise - meetings - duties - powers - rules - removal of members - limitation on authority 12–245–205
Fees - renewal 12–245–206
Records 12–245–207
Licensure by endorsement 12–245–208
Provisional license - fees 12–245–209
License - issuance 12–245–210
Prohibition against prescribing drugs or practicing medicine - exception for opiate antagonist 12–245–211
Collaborate with physician 12–245–212
Professional review committees - immunity 12–245–213
Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling - definitions 12–245–214
Denial of license, registration, or certification - reinstatement 12–245–215
Legislative intent - schools and colleges - examinations 12–245–216
Mandatory disclosure of information to clients 12–245–217
Scope of article - exemptions 12–245–218
Title use restrictions 12–245–219
Judicial review of final board actions and orders 12–245–220
Disclosure of confidential communications - definitions 12–245–221
Article not to restrict other professions 12–245–222
Powers and duties of the boards - rules 12–245–223
Confidential agreement to limit practice 12–245–224
Prohibited activities - related provisions - definition 12–245–225
Authority of boards - cease-and-desist orders - rules - fines 12–245–226
Disciplinary proceedings - judicial review - mental and physical examinations - multiple licenses 12–245–227
Reconsideration and review of action of a board 12–245–228
Unauthorized practice - penalties 12–245–229
Licensee duties relating to assistance animals - definitions 12–245–230
Injunctive proceedings 12–245–231
Mental health professional peer health assistance program - fees - administration - rules - definition 12–245–232
Minimum standards for testing 12–245–233
Auricular acudetox by professionals - training - definition 12–245–234
Repeal of article - subject to review 12–245–301
Definitions 12–245–302
State board of psychologist examiners - created - members - terms 12–245–303
Practice of psychology defined 12–245–304
Qualifications - examinations - licensure and registration 12–245–305
Rights and privileges of licensure - title 12–245–306
Exemptions 12–245–307
Continuing professional development - rules 12–245–308
Psychology interjurisdictional compact act - powers and duties of the board - rules - definition 12–245–309
Prescription authority - psychotropic drugs - prescription certificates - requirements - issuance, denial, renewal, and revocation of certification - rules 12–245–401
Definitions 12–245–402
State board of social work examiners - created - members - terms 12–245–403
Social work practice defined 12–245–404
Qualifications - examination - licensure and registration 12–245–405
Rights and privileges of licensure and a social work degree - titles 12–245–406
Scope of part 12–245–407
Exemptions 12–245–408
Clinical social work practice of psychotherapy 12–245–409
Employees of social services 12–245–410
Continuing professional competency - rules - definition 12–245–501
Definitions 12–245–502
State board of marriage and family therapist examiners - created - members - terms 12–245–503
Marriage and family therapy practice defined 12–245–504
Qualifications - examination - licensure and registration 12–245–505
Rights and privileges of licensure and registration - title 12–245–506
Continuing professional competency - rules - definition 12–245–601
Definitions 12–245–602
State board of licensed professional counselor examiners - created - members - fines 12–245–603
Practice of licensed professional counseling defined 12–245–604
Licensure - examination - licensed professional counselors 12–245–605
Rights and privileges of licensure - title 12–245–606
Continuing professional competency - rules - definition 12–245–607
Interstate compact - powers and duties of the board - rules - definitions 12–245–701
Definitions 12–245–702
State board of unlicensed psychotherapists - creation - membership 12–245–703
Database of unlicensed psychotherapists - unauthorized practice - penalties - data collection - rules 12–245–704
Expenses of the board 12–245–705
Jurisdiction 12–245–801
Definitions 12–245–802
State board of addiction counselor examiners - created - members - terms 12–245–803
Practice of addiction counseling defined - scope of practice 12–245–804
Requirements for licensure, certification, and registration - rules 12–245–805
Rights and privileges of certification and licensure - titles 12–245–806
Continuing professional competency - rules - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 12-245-203.5’s source at colorado​.gov