June 25, 2019

Governor Hickenlooper Signs Dozens More Bills into Law

At the end of last week, forty-one more bills reached Governor John Hickenlooper’s desk and were signed into law. The bills were the twenty-fifth group to emerge from the 2011 General Assembly.

  • HB 11-1014
    • Sponsored by Rep. DelGrosso and Sens. Roberts and Hudak. Concerning the Repeal of  Limiting Trigger Associated with the Child Care Contribution Income Tax Credit.
  • HB 11-1093
    • Sponsored by Rep. Bradford and Sen. Cadman. Concerning the Payment of Specific Ownership Tax on Special Mobile Machinery.
  • HB 11-1105
    • Sponsored by Rep. Acree and Sen. White. Concerning Assaults Against Medical Care Providers.
  • HB 11-1166
    • Sponsored by Rep. Murray and Sen. Aguilar. Concerning the Creation of a Type 1 Diabetes Special License Plate.
  • HB 11-1242
    • Sponsored by Rep. Ferrandino and Sen. Nicholson. Concerning the Provision of Integrated Health Care Services Pursuant to the Colorado Medical Assistance Program.
  • HB 11-1267
    • Sponsored by Rep. McCann and Sen. Mitchell. Concerning an Expansion of the Circumstances in which a Court May Order Further Restrictions as Conditions of a Protection Order Against a Defendant.
  • HB 11-1297
    • Sponsored by Rep. Murray and Sen. Cadman. Concerning the Statewide Internet Portal Authority.
  • HB 11-1307
    • Sponsored by Rep. Becker and Sen. Steadman. Concerning Recovery Audits.
  • HB 11-1324
    • Sponsored by Rep. Acree and Sen. Brophy. Concerning the Application of Provisions Governing the Financial Obligations of a Residential Nonprofit Corporation Upon Alteration of the Membership Status of a Member.
  • HB 11-1043
    • Sponsored by Rep. Massey and Sens. Steadman and Spence. Concerning Medical Marijuana, and Making an Appropriation Therefor.
  • HB 11-1268
    • Sponsored by Rep. Levy and Sen. Nicholson. Concerning Penalties for Traffic Offenses Involving Alcohol and Drugs.
  • HB 11-1303
    • Sponsored by Rep. B. Gardner and Sen. Brophy. Concerning Non-Substantive Revisions of Statutes in the Colorado Revised Statutes, and Amending or Repealing Obsolete, Inconsistent, and Conflicting Provisions of Law.
  • HB 11-1157
    • Sponsored by Rep. Casso and Sen. White. Concerning the Exemption from the Heavy-Duty Diesel Inspection Program of Heavy-Duty Diesel Vehicles Based Outside the Program Area as Part of a Fleet Registered in the Program Area.
  • HB 11-1298
    • Sponsored by Reps. Tyler and Vaad and Sen. Spence. Concerning the Creation of a Special License Plate for Craig Hospital.
  • HB 11-1072
    • Sponsored by Rep. McNulty and Sen. Morse. Concerning the Responsibilities of a Designated Representative of the Proponents of an Initiative Petition.
  • HB 11-1241
    • Sponsored by Rep. DelGrosso and Sen. Lundberg. Concerning the Circumstances in which a Nonprofit Housing Provider that Sells Low-Cost Housing to Low-Income Applicants Who Assist in the Construction of the Housing is Entitled to the Property Tax Exemption for Property Used Strictly for Charitable Purposes.
  • HB 11-1081
    • Sponsored by Rep. Brown and Sen. Schwartz. Concerning the Inclusion of Liquified Petroleum Gas Conversion Vehicles in the List of Qualified Vehicles Available for Efficient Motor Vehicle Incentives.
  • HB 11-1080
    • Sponsored by Rep. Todd and Sen. S. King. Concerning the Address Confidentiality Program.
  • HB 11-1010
    • Sponsored by Rep. Acree and Sen. Brophy. Concerning the Incidental Use of Property Owned by a Fraternal Organization or Veterans’ Organization that is Exempt from Property Tax.
  • HB 11-1250
    • Sponsored by Rep. Acree and Sen. Renfroe. Concerning a Prohibition on Ingestible Medical Marijuana-Infused Products.
  • HB 11-1323
    • Sponsored by Rep. Massey and Sen. Boyd. Concerning an Exemption from State Licensure Requirements for a Community Clinic that is a Rural Health Clinic.
  • HB 11-1002
    • Sponsored by Rep. Nikkel and Sen. Kopp. Concerning the Creation of an On-Line Database for the Department of Transportation’s Financial Information.
  • SB 11-180
    • Sponsored by Sen. Tochtrop and Rep. Looper. Concerning Authority for Taxicabs to Pick Up Passengers Outside Their Assigned Geographic Areas.
  • SB 11-085
    • Sponsored by Sen. B. Shaffer and Rep. McCann. Concerning Increasing the Enforcement of Prohibitions Against Certain Prostitution-Related Offenses, and Authorizing the Creation of a Program for Certain First-Time Offenders.
  • SB 11-134
    • Sponsored by Sen. Kopp and Reps. Murray and Vigil. Concerning the Addition of Certain Drugs to the Statutory List of Schedule 1 Controlled Substances.
  • SB 11-240
    • Sponsored by Sen. Hudak and Rep. Murray. Concerning the Implementation of Sunset Review of the Regulation of Private Occupational Schools, and Requiring the Department of Regulatory Agencies to Review the Functions of the Private Occupational School Division and the Private Occupational School Board and Scheduling a Future Repeal of the Laws Related to Regulation of Private Occupational Schools.
  • SB 11-109
    • Sponsored by Sen. B. Shaffer and Rep. Solano. Concerning the Creation of a Voluntary Contribution Designation Benefiting the Public Education Fund to Appear on the State Individual Income Tax Return Forms.
  • SB 11-206
    • Sponsored by Sen. Boyd and Rep. Bradford. Concerning the Exemption of Certain Noncommercial Mortgage-Related Activities from the “Mortgage Loan Originator Licensing and Mortgage Company Registration Act.”
  • SB 11-256
    • Sponsored by Sens. Guzman and S. King and Reps. Ferrandino and J. Kerr. Concerning Graffiti.
  • SB 11-105
    • Sponsored by Sen. Guzman and Rep. Levy. Concerning In-Home Support Services, Extending their Duration.
  • SB 11-263
    • Sponsored by Sen. Tochtrop and Rep. Becker. Concerning Clarification of the State Sales Tax Exemption for Sales of Medical Products.
  • SB 11-051
    • Sponsored by Sen. Giron and Rep. Swerdfeger. Concerning an Interception of a Person’s Winnings for the Purpose of Paying an Unpaid Debt Due to the State.
  • SB 11-088
    • Sponsored by Sens. Carroll and Lundberg and Rep. Acree. Concerning the Regulation of Direct-Entry Midwives, and Implementing the Sunset Review Recommendations of the Department of Regulatory Agencies.
  • SB 11-193
    • Sponsored by Sen. Aguilar and Reps. B. Gardner and J. Kerr. Concerning the Disclosure of Employment Information to an Employer Regarding a Person Employed to Work with a Person with a Developmental Disability.
  • SB 11-243
    • Sponsored by Sen. Guzman and Rep. Pabon. Concerning the Repeal of the Civil Penalty for Document Fraud.
  • SB 11-264
    • Sponsored by Sen. Newell and Reps. B. Gardner and Lee. Concerning a Clarification of State Law Governing the Circumstances under which a Notice of Lis Pendens Must Be Recorded in Connection with the Filing of a Debt Security Instrument as a Substitute for the Filing of Certain Liens.
  • SB 11-272
    • Sponsored by Sens. Hodge and Aguilar and Reps. Summers and Fields. Concerning the Voluntary Contribution Designation Benefiting the Adult Stem Cells Cure Fund that Appears on the State Individual Income Tax Return Forms.
  • SB 11-187
    • Sponsored by Sen. Newell and Rep. Fields. Concerning the Continuation of the Regulation of Mental Health Professionals, and Continuing the State Boards of Psychologist Examiners, Social Work Examiners, Marriage and Family Therapist Examiners, and Licensed Professional Counselor Examiners.
  • SB 11-254
    • Sponsored by Sen. Steadman and Rep. Pace. Statutory Changes to Improve Practices for Persons Under Community Supervision.
  • SB 11-089
    • Sponsored by Sen. Jahn and Rep. Beezley. Concerning the Continuation of the Authority of the Executive Director of the Department of Revenue to Issue Written Responses Upon the Request of a Taxpayer.
  • SB 11-108
    • Sponsored by Sen. Jahn and Rep. Szabo. Concerning the Repeal of the “Identity Theft and Financial Fraud Deterrence Act.”

For a complete list of Governor Hickenlooper’s 2011 legislation decisions click here.

SB 11-187: Implementing the Recommendations of the Sunset Review and Report on State-Regulated Mental Health Professionals

On March 10, 2011, Sen. Linda Newell, D-Littleton, and Rep. Rhonda Fields, D-Aurora, introduced SB 11-187 – Concerning the continuation of the regulation of mental health professionals, and, in connection therewith, continuing the state boards of psychologist examiners, social work examiners, marriage and family therapist examiners, and licensed professional counselor examiners and the state grievance board, creating the state board of addiction counselor examiners, and implementing the recommendations contained in the sunset review and report of state-regulated mental health professionals. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Sunset Process – Senate Health and Human Services Committee. The bill implements the recommendations of the sunset review and report on state-regulated mental health professionals.
The bill continues the boards of psychologist examiners, social work examiners, marriage and family therapist examiners, and licensed professional counselor examiners and the state grievance board, and the regulation of psychologists, social workers, marriage and family therapists, licensed professional counselors, psychotherapists, and addiction counselors through September 1, 2020.

The bill defines terms relevant to the practice of addiction counseling.

The bill creates the state board of addiction counselor examiners to regulate addiction counselors, thereby eliminating the authority of the director of the division of registrations to regulate addiction counselors.

The bill continues indefinitely the ability of the oversight boards to issue a provisional license to a candidate for a mental health professional license or certification if the candidate has satisfied the education requirements for a license or certification but has not yet satisfied the experience requirements. The bill also adds the newly created state board of addiction counselor examiners to the definition of “board”, changes the name of “unlicensed psychotherapists” to “registered psychotherapists” in recognition of the fact that psychotherapists are required to register with, and are regulated by, the state grievance board, repeals unnecessary definitions, and makes other technical modifications to definitions.

The bill creates a registry for marriage and family therapy and licensed professional counselor licensure candidates who are working toward full licensure, consistent with candidate registries currently available for psychologist, social worker, and addiction counselor licensure candidates. The sections also permit the regulatory boards for marriage and family therapists and licensed professional counselors to administer computer-based examinations to determine an applicant’s competency in the particular practice area.

The bill repeals a duplicate definition of “psychotherapy” to avoid confusion with another broader definition of that term in another provision of the article and repeals the definition of “unlicensed psychotherapist” to comport with the change, per section 7 of the bill, to “registered psychotherapists.”

The bill makes further, conforming changes related to the name change for psychotherapists and allows the state grievance board to administer on-line examinations to psychotherapists applying for registration.

The bill permits the oversight boards for psychologists and social workers to establish computer-based jurisprudence examinations for license, certification, or registration applicants to increase efficiency in the administration of examinations. These sections also contain technical corrections to the statutes as recommended in the sunset report.

The bill amends the statute outlining activities that are prohibited for persons regulated under the act as follows:

  • Eliminates the requirement that a person who has been convicted of a felony can be disciplined only if the felony relates to the ability to practice the person’s mental health profession;
  • Restates the grounds for discipline regarding use or abuse of alcohol or drugs to eliminate the term “intemperate”;
  • Eliminates the ability of a board to discipline a licensee, registrant, or certificate holder simply for having a mental or physical illness or condition that impairs the person’s ability to practice his or her profession and instead allows the applicable board to discipline the licensee, registrant, or certificate holder for failing to notify the board of the limitation, failing to act within the limitations of the illness or condition, or failing to comply with the conditions in a confidential agreement with the board related to the person’s mental or physical illness or condition;
  • For purposes of determining whether a person has acted or failed to act in a manner consistent with generally accepted standards of the professional discipline under which the person practices, adds a reference to the standards of practice generally recognized by state and national associations of practitioners in the field of the person’s professional discipline;
  • Narrows the prohibition against dual relationships to prohibit a mental health professional from maintaining relationships with clients in cases where the person’s professional judgment was impaired or the person exploited the client;
  • Eliminates the requirement that repeated ordering of unnecessary laboratory tests or studies must be willful in order to be grounds for disciplining the person; and
  • Adds as a ground for discipline the failure to respond to a complaint.

The bill authorizes the oversight boards to impose an administrative fine on a licensee, registrant, or certificate holder who violates an administrative requirement of the statutes or rules. The boards are required to adopt rules setting up a schedule of fines, and the administrative fines cannot exceed $5,000 per violation.

The bill authorizes the oversight boards to enter into confidential agreements to restrict the practice of a licensee, registrant, or certificate holder who has a mental or physical illness or condition that affects his or her ability to practice the profession with reasonable skill and safety to clients.

The bill modifies the membership on the oversight boards to eliminate one public member on each board and replace that member with a person engaged in or authorized to practice the particular profession. The bill also permits the state board of social work examiners, on its own or at the request of a licensee, to appoint advisory committees to assist with the operations of the board.

The bill modifies the definitions of “practice of psychology”, “practice of licensed professional counseling”, and “practice of addiction counseling”, respectively, to conform to model practice act language adopted by the applicable national professional associations.

The bill adds counseling to the list of permissible practices of a social worker.

The bill recodifies laws pertaining to the licensure and certification of addiction counselors to specify qualifications for licensure as an addiction counselor and certification as either a level I, II, or III certified addiction counselor and the particular activities in which addiction counselors are permitted to engage based on whether the addiction counselor is licensed or has a level I, II, or III certification.
Assigned to the Health and Human Services Committee; the bill is scheduled for committee review on Wednesday, March 23, Upon Adjournment.

Summaries of other featured bills can be found here.