KTL Colorado Mccurry

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Running Head: COLORADO LAW
Know the Law of Colorado

Melissa McCurry
Wake Forest University
November 15, 2015
COLORADO LAW
For professional counselors, best practice demands adherence to both legal and ethical
constructs. Ethical counselors understand that the law represents the minimum standards of
behavior that society will tolerate (Remley and Herlihy, 2015) and thus strive to understand the
law as a starting point to ethical competence. This paper seeks to illustrate the legal aspects of
best practice for professional counselors in the state of Colorado.
Professional Licensure
In Colorado, a beginning counselor will first apply for the Licensed Professional
Counseling Candidate (LPCC) before beginning the practice requirements. It is of note that
Colorado will allow applicants to simultaneously apply for the Licensed Professional Counselor
(LPC) designation. (Counselor-License.com, 2015) In accordance with Colorado General
Assembly Revised Statute C.R.S.12-43-603, to obtain the LPCC license an applicant must: a)
be at least 21 years old, b) not be in violation of any provision set forth in this statute, c) hold a
masters or doctorate degree from an accredited school or board approved alternate program, d)
document successful completion of practicum and internship field experiences totaling 700
supervised hours of practice, and e) not have held a previous LPCC registration. Accredited
graduate programs in counseling must include training in: helping relationships, groups, human
growth and development, appraisal, research and evaluation, lifestyle and career development,
professional orientation, and social/cultural foundation. (Counselor-Licensure.com, 2015) The
LPCC registration allows the applicant to practice while working to complete the remaining
requirements to becoming an LPC, including: a) passing status on the National Board of
Certified Counselors exam and a jurisprudence exam, b) completion of 2000 hours of supervised
practice over 2 years for post-masters degree or 1000 supervised hours over 1 year for post-
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doctorate degree applicants. If these requirements are not met by the LPCC in the span of 4 years
their registration will expire and is not renewable, unless the board grants an extension.
Scope of Practice
C.R.S. 12-43-602 defines the practice of licensed professional counseling as, the
application of mental health, psychological, or human development principles through cognitive,
affective, behavioral, or systematic intervention strategies that address wellness, personal
growth, or career development, as well as pathology. [An LPC] may render the application of
these principles to individuals, couples, families, or groups. (2015) The scope of practice for
professional counselors can include: evaluation, assessment, testing, diagnosis, treatment,
intervention, planning, consultation, case management, education, supervision, psychotherapy,
research, referral, and crisis intervention.
Informed Consent
In C.R.S. 12-43-214 it is mandated that during initial client contact counselors must
provide a written document including the following information: name, business address, and
business phone number of the licensee; an explanation of the regulations applicable to mental
health professionals via differences in licensure, registration, and certification, including the
required levels of education, experience, and training of the licensees specific designation; a
statement explaining that this profession is licensed by a board and its contact information; a
statement indicating that the client is entitled to information on: methods of therapy, techniques
used, duration, the fee structure, seeking second opinions, termination, the inappropriateness and
consequences of sexual relationships between the counselor and client, confidentiality and the
exceptions to it. (2015) In the case of a minor client, this disclosure should be made to the parent
or guardian. Also, in the case of sessions being conducted within a residential or institutional
COLORADO LAW
setting with multiple providers, the initial provider should provide the informed consent with a
statement from the institution addressing any information that differs from that of the initial
provider. A statement of informed consent is not required in the following situations: a) an
emergency, b) court ordered treatment or involuntary commitment, c) the session is intended for
forensic evaluation, d) client is in the custody of the department of corrections or human services
which would handle informed consent accordingly, e) the client is mentally incapable of
understanding and has no guardian to receive this disclosure, or f) the treatment is happening
within a hospital setting that is licensed and has its own disclosure procedure. Both the client
and professional counselor should sign the written statement with copies provided to each; unless
the client is illiterate, in which case an oral explanation must accompany the written statement.
Finally, if the client, parent, or guardian is unable to write or objects to the information disclosed
within the statement this person must either sign the consent within the second session or
discontinue the therapeutic relationship.
Reporting Abuse or Neglect
C.R.S. 19-3-304 names those professionals, which are considered mandated reporters of
child abuse or neglect, including professional counselors. (2015) C.R.S. 19-1-13 defines abuse
or neglect as any case where: a) a child exhibits any physical sign or symptom of abuse, b) the
child is subjected to unlawful sexual behavior, c) the childs parent, guardian, or caretaker fails
to provide food, clothing, shelter, medical care, or supervision as reasonably expected, d) a child
is subjected to emotional abuse, e) a child is found where a controlled substance is manufactured,
and/or f) a child tests positive at birth for a Schedule I or II controlled substance except where
the positive result is the consequence of the mothers lawful intake as prescribed. (2015)
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C.R.S. 26-3.1-101 addresses the abuse or neglect of at-risk adults, defining this term
as any person over the age of 18 who is susceptible to mistreatment, exploitation, or self-neglect
due to their inability to care for themselves. (2015) C.R.S. 18-6.5-108 mandates that mental
health professionals must also report all cases of suspected elder or at-risk adult abuse. (2015)
In any case the abuse of a child or at-risk adult is suspected a counselor should call the
Colorado Child Abuse and Neglect Hotline, Adult Protective Services, or dial 911. Counselors
who fail to make such a report could face a Class 3 misdemeanor.
Involuntary Commitment
C.R.S. 27-65-105 states that a counselor can take have a client taken into
custody if he or she believes that this person is a danger to themselves or others by reason of
mental illness. (2015) Pursuant to C.R.S. 27-65-106 a counselor may petition the court to order
a mental health evaluation, which must be completed by a court-designated facility within 72
hours. (2015) Any person ordered to have such an evaluation will be transported by medical or
law enforcement personnel to the facility deemed appropriate by the court system.
Final Thoughts
Colorado classifies LPCs in the same terms as other mental health professionals such as
psychiatrists and social workers, lending our profession the same recognition as more widely
recognized mental health providers, thus increasing the credibility afforded to us. While the
ACA code of ethics should be the foremost guide to ethical practice for counselors in particular,
the Colorado General Assembly has set forth a clear and comprehensive legal code to guide the
professional counselor.
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References
Colorado General Assembly. (2015). Colorado Mental Health Practice Act. Retrieved October
27, 2015 from: https://drive.google.com/a/wfu.edu/file/d/0BK5DhxXxJZbN0hsTmhqd3pDYzQ/view
Colorado General Assembly. (2015). Colorado Revised Statutes 27-65-105. Retrieved October
28, 2015 from:
http://www.lexisnexis.com/hottopics/colorado/?app=00075&view=full&interface=1&doc
info=off&searchtype=get&search=C.R.S.+27-65-105
28, 2015 from:
28, 2015 from:
Colorado General Assembly. (2015). Colorado Revised Statutes 19-3-304. Retrieved October 28,
2015 from:
Colorado General Assembly. (2015). Colorado Revised Statutes 12-43-602.5. Retrieved October
28, 2015 from:
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info=off&searchtype=get&search=C.R.S.+12-43-602.5
28, 2015 from:
http://www.lexisnexis.com/hottopics/colorado/?app=00075&view=full&interface=1&do
cinfo=off&searchtype=get&search=C.R.S.+12-43-603
Counselor-License.com (2015). Counseling Licensure Process in Colorado The LPC
Requirements. Retrieved November 4, 2015, from Counselor-License.com:
http://www.counselor-license.com/states/colorado-counselorlicense.html#context/api/listings/prefilter
Remley, T.P., & Herlihy, B. (2015). Ethical, legal, and professional issues in counseling. (5th
ed.). Upper Saddle River, NJ: Merrill.

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Running Head: COLORADO LAW

Know the Law of Colorado

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