2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 245. Mental Health
Section 12-245-202. Definitions.

As used in this article 245, unless the context otherwise requires:

1. "Board" includes the state board of psychologist examiners, the state board of socialwork examiners, the state board of licensed professional counselor examiners, the state board of marriage and family therapist examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners.

2. "Certificate holder" means an addiction counselor certified pursuant to this article245.

3. "Certified addiction counselor" means a person who is an addiction counselor certified pursuant to this article 245.

(3.5) (a) "Conversion therapy" means any practice or treatment by a licensee, registrant, or certificate holder that attempts or purports to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.

(b) "Conversion therapy" does not include practices or treatments that provide:

(I) Acceptance, support, and understanding for the facilitation of an individual's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek to change sexual orientation or gender identity; or (II) Assistance to a person undergoing gender transition.

4. "Dementia diseases and related disabilities" has the same meaning set forth in section25-1-502 (2.5).

5. "Licensed addiction counselor" means a person who is an addiction counselor licensed pursuant to this article 245.

6. "Licensed professional counselor" means a person who is a professional counselorlicensed pursuant to this article 245.

7. "Licensed social worker" means a person who:

(a) Is a licensed social worker or licensed clinical social worker; and (b) Is licensed pursuant to this article 245.

8. "Licensee" means a psychologist, social worker, clinical social worker, marriage andfamily therapist, licensed professional counselor, or addiction counselor licensed pursuant to this article 245.

9. "Marriage and family therapist" means a person who is a marriage and family therapist licensed pursuant to this article 245.

10. "Professional relationship" means an interaction that is deliberately planned or directed, or both, by the licensee, registrant, or certificate holder toward obtaining specific objectives.

11. "Provisional license" means a license or certification issued pursuant to section 12245-208.

12. "Provisional licensee" means a person who holds a provisional license pursuant tosection 12-245-208.

13. "Psychologist" means a person who is a psychologist licensed pursuant to this article 245.

14. (a) "Psychotherapy" or "psychotherapy services" means the treatment, diagnosis, testing, assessment, or counseling in a professional relationship to assist individuals or groups to alleviate behavioral and mental health disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors that interfere with effective emotional, social, or intellectual functioning. Psychotherapy follows a planned procedure of intervention that takes place on a regular basis, over a period of time, or in the cases of testing, assessment, and brief psychotherapy, psychotherapy can be a single intervention.

(b) It is the intent of the general assembly that the definition of psychotherapy as used in this article 245 be interpreted in its narrowest sense to regulate only those persons who clearly fall within the definition set forth in this subsection (14).

15. Repealed.

16. "Registrant" means a psychologist candidate, marriage and family therapist candidate, clinical social worker candidate, or licensed professional counselor candidate registered pursuant to section 12-245-304 (3), 12-245-504 (4), or 12-245-604 (4), respectively, or an unlicensed psychotherapist.

17. (a) "Unlicensed psychotherapist" means a person:

1. Whose primary practice is psychotherapy or who holds himself or herself out to thepublic as being able to practice psychotherapy for compensation; and

2. Who is registered with the state board of unlicensed psychotherapists pursuant tosection 12-245-703 to practice psychotherapy in this state.

(b) "Unlicensed psychotherapist" also includes a person who:

1. Is a licensed school psychologist licensed pursuant to section 22-60.5-210 (1)(b);

2. Is practicing outside of a school setting; and

3. Is registered with the state board of unlicensed psychotherapists pursuant to section12-245-703.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1221, § 1, effective October 1; (3.5) added, (HB 19-1129), ch. 378, p. 3411, § 7, effective October 1; (14)(a) amended, (HB 19-1120), ch. 197, p. 2150, § 6, effective October 1. L. 2020: (1) and (16) amended, (15) repealed, and (17) added, (HB 20-1206), ch. 304, p. 1545, § 46, effective July 14.

Editor's note: (1) This section is similar to former § 12-43-201 as it existed prior to 2019.

(2) (a) Before its relocation in 2019, this section was amended in HB 19-1129. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1129, chapter 378, Session Laws of Colorado 2019.

(b) Before its relocation in 2019, this section was amended in HB 19-1120. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 16, 2019, to October 1, 2019, see HB 19-1120, chapter 197, Session Laws of Colorado 2019.

Cross references: For the legislative declaration in HB 19-1120, see section 1 of chapter 197, Session Laws of Colorado 2019.