Colorado § 12-245-101 - Legislative declaration.

§ 12-245-101. Legislative declaration.

(1) The general assembly hereby finds and determines that, in order to safeguard the public health, safety, and welfare of the people of this state and in order to protect the people of this state against the unauthorized, unqualified, and improper application of psychology, social work, marriage and family therapy, professional counseling, psychotherapy, and addiction counseling, it is necessary that the proper regulatory authorities be established and adequately provided for.

(2) The general assembly therefore declares that there shall be established a state board of psychologist examiners, a state board of social work examiners, a state board of marriage and family therapist examiners, a state board of licensed professional counselor examiners, a state board of unlicensed psychotherapists, and a state board of addiction counselor examiners with the authority to license, register, or certify, and take disciplinary actions or bring injunctive actions, or both, concerning licensed psychologists and psychologist candidates, licensed social workers and clinical social worker candidates, licensed marriage and family therapists and marriage and family therapist candidates, licensed professional counselors and licensed professional counselor candidates, unlicensed psychotherapists, and licensed and certified addiction counselors and addiction counselor candidates, respectively, and mental health professionals who have been issued a provisional license pursuant to this article 245.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1221, § 1, effective October 1. L. 2020: Entire section amended, (HB 20-1206), ch. 304, p. 1544, § 45, effective July 14. L. 2022: Entire section amended, (HB 22-1307), ch. 207, p. 1371, § 2, effective August 10.

Editor's note: This section is similar to former § 12-43-101 as it existed prior to 2019.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Occupations requiring special knowledge or skill are subject to regulation. Colorado has a legitimate and substantial interest in prescribing reasonable qualifications for occupations that require special knowledge or skill or affect the public health, welfare, morals, or safety. Soc. of Comm. & Inst. Psychologists v. Lamm, 741 P.2d 707 (Colo. 1987).

Licensing scheme does not offend notions of substantive due process and equal protection. Soc. of Comm. & Inst. Psychologists v. Lamm, 741 P.2d 707 (Colo. 1987).

Behavioral explanation is in psychologist's realm. People v. Lyles, 186 Colo. 302, 526 P.2d 1332 (1974).

PART 2

GENERAL PROVISIONS