2022 Colorado Code
Title 12 - Professions and Occupations
Article 245 - Mental Health
Part 6 - Licensed Professional Counselors
§ 12-245-602. State Board of Licensed Professional Counselor Examiners - Created - Members - Fines

1. There is hereby created the state board of licensed professional counselor examiners under the supervision and control of the division. The board consists of seven members who are residents of the state of Colorado.
2. 1. The members of the board shall be appointed by the governor as follows:
      1. Three members of the general public who are not regulated under this article 245; and
      2. Four licensed professional counselors.

   2. The public members shall have never been a licensed professional counselor, an applicant or former applicant for licensure as a licensed professional counselor, a member of another mental health profession, or a member of a household that includes a licensed professional counselor 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. 1. Each member shall hold office until the expiration of his or her appointed term or until a successor is duly appointed. Except as specified in subsection (3)(b) of this section, members shall serve terms of four years, and no member shall serve more than two full consecutive terms. When the term of each board member expires, the governor shall appoint his or her successor for a term of four years. Any vacancy occurring in the board membership other than by the expiration of a term shall be filled by the governor by appointment for the unexpired term of the member.
   2. The terms of office of the members on the board are modified as follows in order to ensure staggered terms of office:
      1. The terms of office of the one licensed professional counselor board member and one of the board members representing the general public who, as of September 12, 2010, would have served one full four-year term and one partial four-year term shall expire on August 31, 2008. Each of these board members shall be eligible to serve one additional four-year term, commencing on September 1, 2008, and expiring on August 31, 2012. 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 September 1 of the applicable year.
      2. The term of office of the one board member representing the public whose initial term would otherwise expire on September 12, 2009, expires on August 31, 2009, and the board member is eligible to serve one additional four-year term, commencing on September 1, 2009, and expiring on August 31, 2013. On and after the expiration of this board member's term or a vacancy in this position, the governor shall appoint a licensed professional counselor to this position on the board, who is eligible to serve terms as described in subsection (3)(a) of this section commencing on September 1 of the applicable year.
      3. The initial term of office of one of the two licensed professional counselor board members whose initial term of office would otherwise expire on September 12, 2010, shall expire on August 31, 2009. This board member shall be eligible to serve one additional four-year term commencing on September 1, 2009, and expiring on August 31, 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 September 1 of the applicable year.
      4. The initial terms of office of the two remaining board members representing the general public and the one remaining licensed professional counselor whose initial terms would otherwise expire on September 12, 2010, shall expire on August 31, 2010. Each of these board members shall be eligible to serve one additional four-year term commencing on September 1, 2010, and expiring on August 31, 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 September 1 of the applicable year.

4. 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.
5. Each board member shall receive a certificate of appointment from the governor.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1282, § 1, effective October 1. L. 2020: (1) amended, (HB 20-1206), ch. 304, p. 1536, § 27, effective July 14.

Editor's note: This section is similar to former § 12-43-602 as it existed prior to 2019.