§ 12-245-216 — Mandatory disclosure of information to clients

Colorado § 12-245-216

• Jurisdiction: Colorado
• Title 12: Professions
• Art.: Mental Health

Text

(1) Except as
otherwise provided in subsection (4) of this section, every licensee, registrant, or
certificate holder shall provide the following information in writing to each client
during the initial client contact:

(a) The name, business address, and business phone number of the licensee,
registrant, or certificate holder;

(b) (I) Repealed.

(II) A listing of any degrees, credentials, certifications, registrations, and
licenses held or completed by the licensee, registrant, or certificate holder,
including the education, experience, and training the licensee, registrant, or
certificate holder was required to satisfy in order to complete the degree,
credential, certification, registration, or license;

(c) A statement indicating that the practice of licensed or registered persons
in the field of psychotherapy is regulated by the division and an address and
telephone number for the board that regulates the licensee, registrant, or
certificate holder;

(d) A statement indicating that:

(I) A client is entitled to receive information about the methods of therapy,
the techniques used, the duration of therapy, if known, and the fee structure;

(II) The client may seek a second opinion from another therapist or may
terminate therapy at any time;

(III) In a professional relationship, sexual intimacy is never appropriate and
should be reported to the board that licenses, registers, or certifies the licensee,
registrant, or certificate holder;

(IV) The information provided by the client during therapy sessions is legally
confidential in the case of individuals licensed, certified, or registered pursuant to
this article 245, except as provided in section 12-245-220 and except for certain
legal exceptions that will be identified by the licensee, registrant, or certificate
holder should any such situation arise during therapy;

(e) If the mental health professional is an unlicensed psychotherapist, a
statement indicating that an unlicensed psychotherapist is a psychotherapist listed
in the state's database and is authorized by law to practice psychotherapy in
Colorado but is not licensed by the state and is not required to satisfy any
standardized educational or testing requirements to obtain a registration from the
state; and

(f) A statement indicating that a client's records may not be maintained after
seven years pursuant to section 12-245-226 (1)(a)(II)(A).

(2) If the client is a minor who is consenting to mental health services
pursuant to section 27-65-104, disclosure must be made to the minor. If the client is
a minor whose parent or legal guardian is consenting to mental health services,
disclosure must be made to the minor's parent or legal guardian.

(3) In residential, institutional, or other settings where psychotherapy may be
provided by multiple providers, disclosure shall be made by the primary therapist.
The institution shall also provide a statement to the patient containing the
information in subsections (1)(c) and (1)(d) of this section and a statement that the
patient is entitled to the information listed in subsections (1)(a) and (1)(b) of this
section concerning any psychotherapist in the employ of the institution who is
providing psychotherapy services to the patient.

(4) The disclosure of information required by subsection (1) of this section is
not required when psychotherapy is being administered in any of the following
circumstances:

(a) In an emergency;

(b) Pursuant to a court order or involuntary procedures pursuant to sections
27-65-106 to 27-65-110;

(c) The sole purpose of the professional relationship is for forensic
evaluation;

(d) The client is in the physical custody of the department of corrections, the
department of human services, or the behavioral health administration in the
department of human services, and such department or administration has
developed an alternative program to provide similar information to the client and
the program has been established through rule;

(e) The client is incapable of understanding the disclosure and has no
guardian to whom disclosure can be made;

(f) By a social worker practicing in a hospital that is licensed or certified
under section 25-1.5-103 (1)(a)(I) or (1)(a)(II);

(g) By a person licensed or certified pursuant to this article 245 or by an
unlicensed psychotherapist practicing in a hospital that is licensed or certified
under section 25-1.5-103 (1)(a)(I) or (1)(a)(II).

(5) If the client has no written language or is unable to read, an oral
explanation shall accompany the written copy.

(6) Unless the client, parent, or guardian is unable to write, or refuses or
objects, the client, parent, or guardian shall sign the disclosure form required by
this section not later than the second visit with the psychotherapist.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1233, � 1, effective October 1. L. 2020: (1)(d)(IV), (1)(e), and (4)(g) amended and (1)(f) added, (HB 20-1206), ch. 304, pp. 1527, 1547, �� 10, 51, effective July 14. L. 2022: (4)(d) amended, (HB 22-1278), ch. 222, p. 1489, � 6, effective July 1; (2) and (4)(b) amended, (HB 22-1256), ch. 451, p. 3223, � 10, effective August 10. L. 2024: (1)(b)(I) repealed, (SB 24-115), ch. 217, p. 1346, � 1, effective August 7.