Colorado § 12-245-217 - Scope of article - exemptions.

§ 12-245-217. Scope of article - exemptions.

(1) A person engaged in the practice of religious ministry is not required to comply with this article 245; except that the person shall not publicly claim to hold any title incorporating the term "psychologist", "social worker", "licensed social worker", "LSW", "licensed clinical social worker", "LCSW", "clinical social worker", "licensed marriage and family therapist", "LMFT", "licensed professional counselor", "LPC", "addiction counselor", "licensed addiction counselor", "LAC", "certified addiction counselor", "CAC", "certified addiction specialist", "CAS", "certified addiction technician", or "CAT" unless the person is licensed or certified pursuant to this article 245.

(2) This article 245 does not apply to:

(a) The practice of employment or rehabilitation counseling as performed in the private and public sectors; except that the provisions of this article 245 shall apply to employment or rehabilitation counselors practicing psychotherapy in the field of mental health;

(b) Employees of the department of human services or the behavioral health administration in the department of human services; employees of county departments of human or social services; or personnel under the direct supervision and control of the state department of human services, the behavioral health administration, or any county department of human or social services for work undertaken as part of their employment;

(c) Persons who are licensed pursuant to section 22-60.5-210 and who are not licensed under this article 245 for work undertaken as part of their employment by, or contractual agreement with, the public schools;

(d) Mediators resolving judicial disputes pursuant to part 3 of article 22 of title 13;

(e) A person who resides in another state and who is currently licensed or certified as a psychologist, marriage and family therapist, clinical social worker, professional counselor, or addiction counselor in that state to the extent that the licensed or certified person performs activities or services in this state, if the activities and services:

(I) Are performed within the scope of the person's license or certification;

(II) Do not exceed twenty days per year in this state;

(III) Are not otherwise in violation of this article 245; and

(IV) Are disclosed to the public that the person is not licensed or certified in this state;

(f) A professional coach, including a life coach, executive coach, personal coach, or business coach, who has had coach-specific training and who serves clients exclusively as a coach, as long as the professional coach does not engage in the practice of psychology, social work, marriage and family therapy, licensed professional counseling, psychotherapy, or addiction counseling, as those practices are defined in this article 245.

(g) Students who are enrolled in a school program and are practicing as part of a school practicum or clinical program; or

(h) A professional practicing auricular acudetox in accordance with section 12-245-233.

(i) Repealed.

(3) Nothing in this section limits the applicability of section 18-3-405.5, which applies to any person while practicing psychotherapy as defined in this article 245.

(4) The provisions of section 12-245-703 do not apply to an employee of a behavioral health entity, as defined in section 27-50-101, but a person practicing outside the scope of employment as an employee of a behavioral health entity is subject to the provisions of section 12-245-703.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1235, § 1, effective October 1. L. 2020: (2)(e)(IV) amended and (2)(g) and (2)(h) added, (HB 20-1206), ch. 304, p. 1528, § 11, effective July 14. L. 2022: IP(2) and (2)(b) amended, (HB 22-1278), ch. 222, p. 1490, § 7, effective July 1; (1), IP(2), IP(2)(e), (2)(e)(I), and (2)(e)(IV) amended, (HB 22-1307), ch. 207, p. 1372, § 5, effective August 10. L. 2023: (2)(g) and (2)(h) amended and (2)(i) added, (HB 23-1003), ch. 363, p. 2186, § 2, effective June 5. L. 2025: (2)(g) and (2)(h) amended and (2)(i) repealed, (SB 25-238), ch. 141, p. 533, § 1, effective April 28; (4) amended, (HB 25-1326), ch. 309, p. 1610, § 2, effective August 6.

Editor's note: (1) This section is similar to former § 12-43-215 as it existed prior to 2019.

(2) The introductory portion to subsection (2) was amended in HB 22-1278. Those amendments were superseded by the amendment of the introductory portion to subsection (2) in HB 22-1307.