2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 245. Mental Health
Section 12-245-204. Boards - division to supervise - meetings - duties - powers - rules removal of members - limitation on authority.

(1) Each board shall be under the supervision and control of the division.

2. In addition to all other powers and duties conferred or imposed upon each board bythis article 245 or by any other law, each board shall have the powers specified in this section.

3. (a) (I) Each board shall annually hold a meeting and elect from its membership a chairperson and vice-chairperson. Each board shall meet at such times as it deems necessary or advisable or as deemed necessary and advisable by the chairperson or a majority of its members. Each board may conduct meetings by electronic means. Each board shall give reasonable notice of its meetings in the manner prescribed by law. A majority of each board constitutes a quorum at any meeting or hearing.

(II) All meetings are open to the public, except when:

1. A board, or an administrative law judge acting on behalf of a board, specificallydetermines that the harm to a complainant or other recipient of services to keep the proceedings or related documents open to the public outweighs the public interest in observing the proceedings; or

2. The licensee, registrant, or certificate holder is participating in good faith in a program approved by the board designed to end a substance use disorder and the licensee, registrant, or certificate holder has not violated the board's order regarding the person's participation in the treatment program.

(III) If the board determines that it is in the best interest of a complainant or other recipient of services to keep proceedings or related documents closed to the public, the final action of the board must be open to the public without disclosing the name of the client or other recipient. In all open meetings, the board shall take reasonable steps to keep the names of the recipients of services confidential.

(b) The proceedings of each board shall be conducted pursuant to article 4 of title 24.

(4) Each board is authorized to:

1. Adopt, and from time to time revise, rules pursuant to section 12-20-204;

2. Adopt an examination;

3. Examine for, deny, withhold, or approve the license of an applicant pursuant to section 12-245-214, and renew licenses pursuant to section 12-245-205;

4. Appoint advisory committees to assist in the performance of its duties;

5. Conduct hearings in accordance with section 12-20-403 as necessary to carry out itspowers and duties.

5. In carrying out its duties related to the approval of applications for licensure, registration, or certification pursuant to this section, section 12-245-214, and this article 245, each board shall delegate the function of the preliminary review and approval of applications to the staff of the board, with approval of an application ratified by action of the board if ratification is deemed necessary by the board. Each board, in its sole discretion, may individually review any application requiring board consideration prior to the approval of the application pursuant to section 12-245-214 and this article 245.

6. Each board shall maintain current lists of the names of all licensees, registrants, andcertificate holders and records of cases and decisions rendered by the board. In addition, each board shall keep an accurate record of the results of all examinations.

7. Publications of each board intended for circulation in quantity outside the board shallbe issued in accordance with the provisions of section 24-1-136.

8. Any board member having an immediate personal, private, or financial interest inany matter pending before the board shall disclose the fact and shall not vote upon the matter.

9. The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three-quarters of the board's meetings in any one calendar year.

10. The boards shall develop rules or policies to provide guidance to persons licensed,registered, or certified pursuant to this article 245 to assist in determining whether a relationship with a client or potential client is likely to impair his or her professional judgment or increase the risk of client exploitation in violation of section 12-245-224 (1)(i).

11. The authority granted each board under the provisions of this article 245 does notauthorize a board to arbitrate or adjudicate fee disputes between licensees, registrants, or certificate holders, or between a licensee, registrant, or certificate holder and any other party.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1224, § 1, effective October 1. L. 2020: (5) amended, (HB 20-1206), ch. 304, p. 1525, § 3, effective July 14.

Editor's note: Subsection (1) is similar to former § 12-43-210; subsection (2) is similar to former § 12-43-203 (1); subsection (3) is similar to former § 12-43-203 (2); subsection (4) is similar to former § 12-43-203 (3); subsection (5) is similar to former § 12-43-203 (3.5); subsection (6) is similar to former § 12-43-203 (4); subsection (7) is similar to former § 12-43203 (6); subsection (8) is similar to former § 12-43-203 (9); subsection (9) is similar to former § 12-43-203 (10); subsection (10) is similar to former § 12-43-203 (12); and subsection (11) is similar to former § 12-43-203.5, as those sections existed prior to 2019.