2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 245. Mental Health
Section 12-245-402. State board of social work examiners - created - members - terms.
(1) There is hereby created under the supervision and control of the division the state board of social work examiners, which consists of seven members who are residents of the state of Colorado.
(2) (a) Four board members shall be licensed clinical social workers, at least two of whom shall be engaged in direct social work practice; except that, if, after a good-faith attempt, the governor determines that an applicant for membership on the board pursuant to this subsection (2)(a) who is engaged in direct social work practice is not available to serve on the board for a particular term, the governor may appoint a licensed clinical social worker who is not engaged in direct social work practice.
(b) Three board members shall be representatives of the general public. These individuals shall have never been a social worker, an applicant or former applicant for licensure as a social worker, a member of another mental health profession, or a member of a household that includes a social worker or a member of another mental health profession or otherwise have conflicts of interest or the appearance of conflicts with his or her duties as a board member.
(3) (a) Each board member shall hold office until the expiration of the member's appointed term or until a successor is duly appointed. Except as specified in subsection (3)(b) of this section, the term of each member shall be four years, and no board member shall serve more than two full consecutive terms. Any vacancy occurring in board membership other than by expiration of a term shall be filled by the governor by appointment for the remainder of the unexpired term of the member.
(b) The terms of office of the members on the board are modified as follows in order to ensure staggered terms of office:
The second term of office of one of the two licensed clinical social worker boardmembers who, as of July 25, 2010, would have served two four-year terms shall expire on June 30, 2008, and the governor shall appoint a new licensed clinical social worker to serve terms as described in subsection (3)(a) of this section commencing on July 1, 2008.
The initial term of office of one of the board members representing the general public whose initial term would otherwise expire on July 25, 2010, expires on June 30, 2008, and the board member is eligible to serve one additional four-year term commencing on July 1, 2008, and expiring on June 30, 2012. On and after the expiration of this board member's term or a vacancy in this position, the governor shall appoint a licensed clinical social worker to this position on the board, who is eligible to serve terms as described in subsection (3)(a) of this section commencing on July 1 of the applicable year.
The term of office of the one member representing the general public who, as ofJuly 25, 2009, would have served one full four-year term and one partial four-year term shall expire on June 30, 2009, and the member shall be eligible to serve one additional four-year term commencing on July 1, 2009, and expiring on June 30, 2013. On and after the expiration of this board member's term, persons appointed to this position on the board shall serve terms as described in subsection (3)(a) of this section commencing on July 1 of the applicable year.
The term of office of the one licensed clinical social worker board member who, asof July 25, 2010, would have served one full four-year term and one partial four-year term shall expire on June 30, 2009, and the board member shall be eligible to serve one additional fouryear term commencing on July 1, 2009, and expiring on June 30, 2013. On and after the expiration of this board member's term, persons appointed to this position on the board shall serve terms as described in subsection (3)(a) of this section commencing on July 1 of the applicable year.
The initial terms of office of the one remaining licensed clinical social worker boardmember and the two remaining board members representing the general public whose initial terms would otherwise expire on July 25, 2010, shall expire on June 30, 2010, and each of these board members shall be eligible to serve one additional four-year term, commencing on July 1, 2010, and expiring on June 30, 2014. On and after the expiration of these board members' terms, persons appointed to these positions on the board shall serve terms as described in subsection (3)(a) of this section commencing on July 1 of the applicable year.
The governor may remove any board member for misconduct, incompetence, or neglect of duty after giving the board member a written statement of the charges and an opportunity to be heard thereon. 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 total meetings in any calendar year.
Each board member shall receive a certificate of appointment from the governor.
When professional judgment specific to clinical practice is required in the review ofalleged violations of section 12-245-224, the board may appoint an advisory committee of clinical practitioners to review and make recommendations to the board.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1266, § 1, effective October 1. L. 2020: (1) amended, (HB 20-1206), ch. 304, p. 1535, § 24, effective July 14.
Editor's note: This section is similar to former § 12-43-402 as it existed prior to 2019.
