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12-43-101. Legislative declaration.

Statute text

The general assembly hereby finds and determines that, in order to safeguard the public health, safety, and welfare of the people of this state and in order to protect the people of this state against the unauthorized, unqualified, and improper application of psychology, social work, marriage and family therapy, professional counseling, psychotherapy, and addiction counseling, it is necessary that the proper regulatory authorities be established and adequately provided for. The general assembly therefore declares that there shall be established a state board of psychologist examiners, a state board of social work examiners, a state board of marriage and family therapist examiners, a state board of licensed professional counselor examiners, a state board of registered psychotherapists, and a state board of addiction counselor examiners with the authority to license, register, or certify, and take disciplinary actions or bring injunctive actions, or both, concerning licensed psychologists and psychologist candidates, licensed social workers, licensed marriage and family therapists and marriage and family therapist candidates, licensed professional counselors and licensed professional counselor candidates, registered psychotherapists, and licensed and certified addiction counselors, respectively, and mental health professionals who have been issued a provisional license pursuant to this article.


Source: L. 88: Entire article R&RE, p. 535, 1, effective July 1. L. 98: Entire section amended, p. 1107, 3, effective July 1. L. 2005: Entire section amended, p. 126, 1, effective August 8. L. 2008: Entire section amended, p. 416, 2, effective August 5. L. 2011: Entire section amended, (SB 11-187), ch. 285, p. 1292, 17, effective July 1.





Annotator's note. Since 12-43-101 is similar to 12-43-101 as it existed prior to the 1988 repeal and reenactment of this article, relevant cases construing that provision have been included in the annotations to this section.

Occupations requiring special knowledge or skill are subject to regulation. Colorado has a legitimate and substantial interest in prescribing reasonable qualifications for occupations that require special knowledge or skill or affect the public health, welfare, morals, or safety. Soc. of Comm. & Inst. Psychologists v. Lamm, 741 P.2d 707 (Colo. 1987).

Licensing scheme does not offend notions of substantive due process and equal protection. Soc. of Comm. & Inst. Psychologists v. Lamm, 741 P.2d 707 (Colo. 1987).

Behavioral explanation is in psychologist's realm. People v. Lyles, 186 Colo. 302, 526 P.2d 1332 (1974).



Editor's note: Sections 12-43-221 to 12-43-229 were added with relocations in 1998 containing provisions of some sections formerly located in part 7 of this article. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.