Legislative Update on Requirements for the Practice of Psychotherapy.

Whenever your state’s legislature is in session, it’s best to pay attention to what they’re considering changing. This 2020 legislative session was an extremely active one that saw huge modifications in how Colorado regulates certain professions. While Colorado’s decision to push greater individual responsibility upon police officers attracted national attention, the legislature’s overhaul of the laws governing mental health care professions and occupations flew far below the radar.

In this particular post, I wanted to focus on the impact the new laws have with specificity on psychotherapists, now known as “unlicensed psychotherapists.”

Colorado has certain categories of recognized mental health professionals that include licensed professional counselors (LPC), social workers, family and marriage therapists (LMFT), psychologists, addiction counselors, and psychotherapists, each of which the Department of Regulatory Agencies (DORA) oversees through various boards. These professions have specific definitions under Title 12, Article 245 of the Colorado Revised Statutes, and the purpose of these laws is to establish the qualifications needed to work in these areas, as well as the rules regarding what a person working in these areas was allowed to call themselves as a professional title.

Before this law came into effect, any person who wanted to practice psychotherapy in the State of Colorado needed to fulfill and prove certain educational requirements, take a jurisprudence test, and register with the Board of Psychotherapists. If someone practiced psychotherapy without first registering with the State, they faced a class 2 misdemeanor criminal charge in the first instance, and a class 6 felony for every instance thereafter. This is in addition to any professional or civil sanctions ordered by DORA.

The primary consequence of DORA’s new laws is that the state has placed a cap on the number of people permitted to register and practice as official psychotherapists; specifically, the law officially ended registration on July 14, 2020, so no one else could be registered. Therefore, if you did not successfully register with the former Board of Psychotherapists before July 14, 2020, as a psychotherapist, you will not get to do so now.

The secondary consequence of DORA’s new laws is that they officially change psychotherapists’ legal title from “psychotherapist” or “registered psychotherapist” to “unlicensed psychotherapist.” This is odd on its face because psychotherapists were never “licensed” with or by the state and they aren’t now. I can imagine that this addition to the professional title is a bit degrading for formerly “registered psychotherapists,” because they’re being compelled to advertise a fact that carries a negative connotation to their current and potential clients, even though they still possess the same, stellar qualifications as previously.

For my money, this change in the law seems to be a long-term strategy to simply phase out psychotherapy as a profession altogether, pushing formerly registered psychotherapists to obtain more education; seek additional licensure or certification to become social workers, LPC’s, psychologists, addiction counselors, or LMFT’s; or simply have them quit the profession altogether. And that’s a shame, because if the pandemic has shown us anything, it’s that we need more mental health professionals, not less; and forcing people back to expensive educational institutions when they’re already cash-strapped is just cruel.

Regardless, short of petitioning your state representatives for redress and a change in the law, you’re going to need to make adjustments in the interim if you’re a formerly registered psychotherapist trying to figure out what your options are to ensure that this new law doesn’t destroy the business you’ve built or position you’ve worked so hard to get. Thankfully, the law provides a loophole which may benefit you.

Under § 12-245-218(3), C.R.S., which pertains directly to the issue of professional titles, the law cannot “prohibit a person from stating or using the educational degrees that the person has obtained.” What this means is that if you went to school and earned a Masters of Arts in say, Art Therapy, you can advertise your title as an “Art Therapist,” even though that isn’t officially a Colorado regulated occupation. However, you must be careful, because you cannot use modifying or qualifying terms like "licensed", "certified", "clinical", "state-approved", or any other term or abbreviation that would falsely give the impression that you or the service that you provide is recommended by the state. For example:

“Registered, Unlicensed Psychotherapist” --- Good! You’ve stated what your state title is, only providing the literal action of registration with the State, which every unlicensed psychotherapist must to do practice their profession.

“Registered Art Therapist” --- Bad! If you received a degree in art therapy and are registered as an unlicensed psychotherapist, this would be a clear violation of the law in that the attempt to Frankenstein the § 12-245-218(3) loophole to the mandatory action of registering with the state as an unlicensed psychotherapist is clearly an attempt to elevate the otherwise unregulated title as official or state-recommended.

Changes in laws affecting your profession can be complex and intimidating. If you have questions regarding how this new law affects your practice or have any other legal questions, feel free to reach out to Nechleba Law Firm, P.C. for all your legal needs.