Colorado § 12-245-411 - Interstate compact - powers and duties of the board - rules - definitions.

§ 12-245-411. Interstate compact - powers and duties of the board - rules - definitions.

(1) As used in this section:

(a) "Adverse action" has the meaning set forth in section 24-60-4602.

(b) "Commission" means the social work licensure compact commission created in section 24-60-4602.

(c) "Compact" means the social work licensure compact authorized in part 46 of article 60 of title 24.

(d) "Current significant investigative information" has the meaning set forth in section 24-60-4602.

(e) "Data system" has the meaning set forth in section 24-60-4602.

(f) "Investigative information" means information, records, and documents received or generated by a licensing authority pursuant to an investigation.

(g) "Licensing authority" means the board or, in another member state, an agency of the member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.

(h) "Member state" means a state that has enacted the compact.

(i) "Multistate authorization to practice" has the meaning set forth in section 24-60-4602.

(j) "Telehealth" means the application of telecommunication technology to deliver social work services remotely to assess, diagnose, and treat behavioral health conditions.

(2) In addition to any powers and duties specified in the compact for member states, the board has the following powers and duties with regard to the compact:

(a) To facilitate Colorado's participation in the compact;

(b) To comply with the rules of the commission;

(c) To promulgate rules in accordance with article 4 of title 24 as necessary for the implementation, administration, and enforcement of the compact;

(d) To appoint a person to serve as a delegate on and attend meetings of the commission in accordance with the terms of the compact;

(e) To regulate telehealth in accordance with the compact;

(f) To notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of current significant investigative information regarding a regulated social worker;

(g) To require an applicant from a member state applying for a multistate license to practice under the compact to submit to a fingerprint-based criminal history record check in accordance with the following:

(I) The applicant must pay the costs associated with the fingerprint-based criminal history record check;

(II) After submitting an application for a multistate authorization to practice under the compact, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(III) If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's information for more than thirty days.

(IV) The Colorado bureau of investigation shall use the applicant's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, applicant, board, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(V) The Colorado bureau of investigation shall return the results of its criminal history record check to the board, and the board is authorized to receive the results of the federal bureau of investigation's criminal history record check. The board shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified for a multistate authorization to practice under the compact.

(VI) The results of the record check are confidential. The board shall not release the results of the record check to the public, the commission, a member state, or other state licensing boards.

(h) To grant a multistate authorization to practice to a licensee of a member state in accordance with the terms of the compact and to charge a fee to individuals applying for the multistate authorization to practice;

(i) To participate fully in the data system consistent with the compact requirements and the rules of the commission; and

(j) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.

Source: L. 2024: Entire section added, (HB 24-1002), ch. 326, p. 2209, § 2, effective August 7.

PART 5

MARRIAGE AND FAMILY THERAPISTS