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.
Notes
4 CCR
737-1.21
39
CR 04, February 25, 2016, effective
3/16/2016
43
CR 20, October 25, 2020, effective
11/14/2020
44
CR 07, April 10, 2021, effective
4/30/2021
44
CR 15, August 10, 2021, effective
8/30/2021
44
CR 19, October 10, 2021, effective
10/30/2021
45
CR 18, September 25,2022, effective
9/2/2022
45
CR 22, November 25, 2022, effective
12/15/2022
