C.R.S. Section 12-245-216
Mandatory disclosure of information to clients

(1)

Except as otherwise provided in subsection (4) of this section, every licensee, registrant, or certificate holder shall provide the following information in writing to each client during the initial client contact:

(a)

The name, business address, and business phone number of the licensee, registrant, or certificate holder;

(b)

Intentionally left blank —Ed.

(I)

An explanation of the levels of regulation applicable to mental health professionals under this article 245 and the differences between licensure, registration, and certification, including the educational, experience, and training requirements applicable to the particular level of regulation; and

(II)

A listing of any degrees, credentials, certifications, registrations, and licenses held or completed by the licensee, registrant, or certificate holder, including the education, experience, and training the licensee, registrant, or certificate holder was required to satisfy in order to complete the degree, credential, certification, registration, or license;

(c)

A statement indicating that the practice of licensed or registered persons in the field of psychotherapy is regulated by the division, and an address and telephone number for the board that regulates the licensee, registrant, or certificate holder;

(d)

A statement indicating that:

(I)

A client is entitled to receive information about the methods of therapy, the techniques used, the duration of therapy, if known, and the fee structure;

(II)

The client may seek a second opinion from another therapist or may terminate therapy at any time;

(III)

In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee, registrant, or certificate holder;

(IV)

The information provided by the client during therapy sessions is legally confidential in the case of individuals licensed, certified, or registered pursuant to this article 245, except as provided in section 12-245-220 and except for certain legal exceptions that will be identified by the licensee, registrant, or certificate holder should any such situation arise during therapy;

(e)

If the mental health professional is an unlicensed psychotherapist, a statement indicating that an unlicensed psychotherapist is a psychotherapist listed in the state’s database and is authorized by law to practice psychotherapy in Colorado but is not licensed by the state and is not required to satisfy any standardized educational or testing requirements to obtain a registration from the state; and

(f)

A statement indicating that a client’s records may not be maintained after seven years pursuant to section 12-245-226 (1)(a)(II)(A).

(2)

If the client is a minor who is consenting to mental health services pursuant to section 27-65-104, disclosure must be made to the minor. If the client is a minor whose parent or legal guardian is consenting to mental health services, disclosure must be made to the minor’s parent or legal guardian.

(3)

In residential, institutional, or other settings where psychotherapy may be provided by multiple providers, disclosure shall be made by the primary therapist. The institution shall also provide a statement to the patient containing the information in subsections (1)(c) and (1)(d) of this section and a statement that the patient is entitled to the information listed in subsections (1)(a) and (1)(b) of this section concerning any psychotherapist in the employ of the institution who is providing psychotherapy services to the patient.

(4)

The disclosure of information required by subsection (1) of this section is not required when psychotherapy is being administered in any of the following circumstances:

(a)

In an emergency;

(b)

Pursuant to a court order or involuntary procedures pursuant to sections 27-65-106 to 27-65-110;

(c)

The sole purpose of the professional relationship is for forensic evaluation;

(d)

The client is in the physical custody of the department of corrections, the department of human services, or the behavioral health administration in the department of human services, and such department or administration has developed an alternative program to provide similar information to the client and the program has been established through rule;

(e)

The client is incapable of understanding the disclosure and has no guardian to whom disclosure can be made;

(f)

By a social worker practicing in a hospital that is licensed or certified under section 25-1.5-103 (1)(a)(I) or (1)(a)(II);

(g)

By a person licensed or certified pursuant to this article 245 or by an unlicensed psychotherapist practicing in a hospital that is licensed or certified under section 25-1.5-103 (1)(a)(I) or (1)(a)(II).

(5)

If the client has no written language or is unable to read, an oral explanation shall accompany the written copy.

(6)

Unless the client, parent, or guardian is unable to write, or refuses or objects, the client, parent, or guardian shall sign the disclosure form required by this section not later than the second visit with the psychotherapist.

Source: Section 12-245-216 — Mandatory disclosure of information to clients, 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

§ 12-245-216’s source at colorado​.gov