4 CCR 737-1.6 - INFORMATION REQUIRED TO BE REPORTED TO THE BOARD (C.R.S. section 12-245-226(8))
A. General. Licensed professional 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., 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. Licensed professional 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, certified addiction counselor, or unlicensed psychotherapist
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 licensed professional 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
section 12-245-224 or
12-245-228, C.R.S., is obtained
from her/his client, the licensed professional 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 mandated by statute.
Notes
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