HB 1425 — Applied Behavior Analysis Services
Last action — Governor Signed
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced April 28, 2026. Enacted.
Signed by Governor Jared Polis (Democratic) on June 02, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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47 sponsors
8 primary, 39 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (30 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 14 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
The bill establishes a licensing board for behavior analysts in Colorado.
This legislation creates a state board to license behavior analysts and assistant behavior analysts, regulating their practice. It also sets forth requirements for licensure and establishes reimbursement policies for applied behavior analysis services under Medicaid.
What this means for you
- Families: Families seeking applied behavior analysis services may gain access to better-regulated and qualified professionals.
- Healthcare: Healthcare providers will need to meet new licensing standards to practice applied behavior analysis.
- Small Business: Applied behavior analysis clinics must comply with new licensing requirements and regulations.
Summary
The act creates the Colorado behavior analyst licensing board (board) under the direction and supervision of the division of professions and occupations in the department of regulatory agencies. On and after July 1, 2028, an individual is prohibited from engaging in or offering the practice of applied behavior analysis unless the individual is licensed by the board. The board is authorized to license behavior analysts and assistant behavior analysts if they meet the requirements specified by the act and the rules adopted by the board pursuant to the act. An individual who seeks to practice as a behavior analyst or assistant behavior analyst must meet the following requirements:File an application for a license;Have a valid certification in good standing with a certifying entity;Complete a fingerprint-based criminal history record check;Carry professional liability insurance in an amount determined by the board by rule unless working as a public employee covered under governmental immunity; andIf the individual seeks to practice as an assistant behavior analyst, be supervised by a licensed behavior analyst and practice within the scope of practice established by rules of the board. The board may deny or refuse to renew a license, suspend or revoke a license, impose probationary conditions on a license, or issue a cease-and-desist letter or seek injunctive relief against a licensee or an applicant for licensure who has engaged in specified grounds for discipline or unprofessional conduct. The board may also send a licensee a letter of admonition or a confidential letter of concern under certain circumstances. The act exempts specified individuals from the licensing requirements established by the act. An individual who practices or offers or attempts to practice as a behavior analyst or assistant behavior analyst without being licensed pursuant to the act and who is not exempted from licensure commits a class 2 misdemeanor. The board may adopt rules as necessary to implement the act. The regulation of behavior analysts and assistant behavior analysts is scheduled for repeal on September 1, 2031. Before the repeal, the functions of the board in regulating applied behavior analysis are scheduled for review in accordance with the sunset law. The act requires the department of health care policy and financing (state department) to reimburse an applied behavior analysis provider for applied behavior analysis services provided by a behavior technician certified by a certifying entity to a medicaid member with autism spectrum disorder or other conditions for which coverage may be available under state department policies. Subject to federal approval, the state department shall reimburse the applicable applied behavior analysis provider for applied behavior analysis services provided by a behavior technician who is required by the state department to be certified by a certifying entity, but is not certified at the time of services, for services provided during one temporary period of not less than 45 days while the behavior technician is pursuing the certification if specified conditions are met. The department of human services (department) is required to prescribe and publish standards for the licensing and regulation of applied behavior analysis clinics (clinics). The department is authorized to adopt rules concerning specific subjects related to standards for clinics. Clinics are required to comply with specified requirements regarding local government zoning regulations, licensing fees, and qualifications for employees of the clinics. The act changes the definition of 'day treatment center' to 'day treatment facility' and requires that facilities that were not subject to the definition before the effective date of the act but that meet the amended definition submit an application for licensure by the department on or before August 1, 2026 , and become licensed before August 1, 2027.(Note: This summary applies to this bill as enacted.)
Bill Text
What changed in the latest version
1487 added · 1606 removedPlain-language change summary
The changes made to House Bill 1425 mostly involve the addition of content related to the bill's overall status and necessary procedures for its enactment. Specifically, it now includes a note indicating that the bill has been prepared for the appropriate legislative signatures and provides guidance on how to check its signing status with the Governor. This clarification is important because it helps ensure transparency in the legislative process, allowing the public to track the bill's progress and understand its final steps before becoming law.
SecondNOTE: Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
26-0544.01This Joshbill Schultzhas x6586been HOUSEprepared BILLfor 26-1425the HOUSEsignatures SPONSORSHIPof Gilchristthe andappropriate Brown,legislative Sirota,officers Stewart K., Stewart R., Taggart, Bacon, Boesenecker, Camacho, Carter, Clifford, Duran, English, Froelich, Garcia, Goldstein, Hamrick, Jackson, Lindsay,Lukens,McCluskie,McCormick,Nguyen,Paschal,Phillips,Ricks,Rutinel,Rydin, Smith, Story, Woodrow, Zokaie SENATE SPONSORSHIP Daugherty and Bright,the Amabile,Governor. Ball, Bridges, Coleman, Cutter, Danielson, Exum, Gonzales J., Hinrichsen, Kipp, Marchman, Mullica, Wallace e n e 6 E a 0 A U , N g 1 S d y House Committees Senate Committees e M Health & Human Services Health & Human Services R Finance Appropriations r Appropriations 3 e A BILL FOR AN ACT e E m 2 C ONCERNING THE REGULATION OF APPLIED BEHAVIOR ANALYSIS T n , N g 1 SERVICES , AND , IN CONNECTION THEREWITH , MAKING AN E d a S e M APPROPRIATION .
RTo ndetermine Billwhether Summarythe (Note:Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
ThisHOUSE summaryBILL applies26-1425 toBY thisREPRESENTATIVE(S) billGilchrist as introduced and doesBrown, iSirota, aStewart notreflectanyamendmentsthatmaybesubsequentlyadopted.IfthisbillK., eStewart 2R., passesTaggart, thirdBacon, readingBoesenecker, inCamacho, theCarter, houseClifford, ofDuran, introduction,English, aFroelich, billGarcia, summaryGoldstein, thatHamrick, SJackson, dLindsay, 2Lukens, UMcCormick, 3Nguyen, 7Paschal, appliesPhillips, toRicks, theRutinel, reengrossedRydin, versionSmith, ofStory, thisWoodrow, billZokaie, willMcCluskie; be available at H d a http://leg.colorado.gov/.) d M e A The bill creates the Colorado behavior analyst licensing board (board)underthedirectionandsupervisionofthedivisionofprofessions and occupations in the department of regulatory agencies (division).
Onalso gSENATOR(S) Daugherty and afterBright, JulyAmabile, 1,Ball, 2028,Bridges, anCutter, individualDanielson, isExum, prohibitedGonzales fromJ., engagingHinrichsen, inKipp, orMarchman, iMullica, aWallace, 2Coleman. offering the practice of applied behavior analysis unless the individual is S R 2 U d 6 H 2 a Shading denotes HOUSE amendment.
DoubleC underliningONCERNINGTHE denotesREGULATION SENATEOFAPPLIED amendment.BEHAVIORANALYSISSERVICES , AND , IN CONNECTION THEREWITH ,MAKING AN APPROPRIATION .
e M Capital letters or bold & italic numbers indicate new material to be added to existing law.d Dashes through the words or numbers indicate deletions from existing law.
e A licensedbytheboard.Theboardisauthorizedtolicensebehavioranalysts andassistantbehavioranalystsiftheymeettherequirementsspecifiedby the bill and the rules adopted by the board pursuant to the bill.
An individual who seeks to practice as a behavior analyst or assistant behavior analyst must meet the following requirements:
! File an application for a license;
! Haveavalidcertificationingoodstandingwithacertifying entity;
! Complete a fingerprint-based criminal history record check;
and ! If the individual seeks to practice as an assistant behavior analyst, be supervised by a licensed behavior analyst.
The board may deny or refuse to renew a license, suspend or revoke a license, impose probationary conditions on a license, or issue a cease-and-desist letter or seek injunctive relief against a licensee or an applicant for licensure who has engaged in specified grounds for discipline or unprofessional conduct.
The bill exempts specified individuals from the licensing requirements established by the bill.
An individual who practices or offers or attempts to practice as a behavior analyst or assistant behavior analyst without being licensed pursuant to the bill and who is not exempted from licensure commits a class 2 misdemeanor.
The board shall adopt rules as necessary to implement the bill.
Theregulationofbehavioranalystsandassistantbehavioranalysts is scheduled for repeal on September 1, 2031.
Before the repeal, the functions of the board in regulating applied behavior analysis are scheduled for review in accordance with the sunset law.
The bill requires the department of health care policy and financing (state department) to reimburse an applied behavior analysis provider for applied behavior analysis services provided by a behavior technician certified by a certifying entity to a medicaid member with autismspectrumdisorder or other conditions for which coverage maybe available under state department policies.
The state department shall reimburse the applicable applied behavior analysis provider for applied behavior analysis services provided by a behavior technician who is required bythe state department to be certified bya certifying entity, but is not certified at the time of services, for services provided during a temporary period of not less than 60 days while the behavior technician is pursuing the certification.
The department of human services (department) is required to prescribe and publish separate standards for the licensing of applied behavior analysis clinics (clinics).
The department is authorized to adopt rulesconcerningspecificsubjectsrelatedtostandardsforclinics.Clinics are required to comply with specified requirements regarding local -2- 1425 government zoning regulations, licensing fees, and qualifications for employees of the clinics.
SECTION1.SECTION 1.
Legislativedeclaration.(1)Legislative Thegeneralassemblydeclaration. finds and declares that:
(1) The general assembly finds and declares that:
(I) TheThepracticeofappliedbehavioranalysisbyunqualifiedpersons; practice of applied behavior analysis by unqualified persons;
________ Capital letters or bold & italic numbers indicate new material added to existing law;
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
(b) TheThepracticeof practiceappliedbehavioranalysisbyanyindividualwho ofis appliednot behaviorlicensed analysisor practicing as permitted by anythis individualact whoisnotlicensedorpracticingaspermittedbythisactisinimicaltotheis generalinimical publicto welfare.the generalpublicwelfare.Itisnot,however,theintentofthisacttorestrictthe practiceof anyindividual dulylicensed, certified,orregisteredunderother laws of this state from practicing within the individual's scope of competency and authority under those laws.
It(c) isThe not,practice however,of thebehavior intentanalysis ofin thisclinical actsettings towhere restrictchildren thepracticemay ofregularly anyindividualbe dulylicensed,certified,orregisteredunderin othertherapy lawsfor ofseveral thishours statein froma practicingprivate withinfacility thewarrants individual'sadditional scopeoversight offor competencyfacility safety and authorityany undernontherapeutic thoseoperations. laws.
(c)Such Theoversight practicemust, ofhowever, behaviorbe analysissubject into clinicaland settingscoordinated wherewithprofessionallicensingrulesandrequirementstoensureefficiencyand childrenmayregularlybeintherapyforseveralhoursinaprivatefacilityaccess warrantsto additionalmedically oversightnecessary forcare facilityand safetycompliance andwith anyother nontherapeuticfederal operations.and state laws.
Such oversight must, however, be subject to and coordinated with professional licensing rules and requirements to ensure efficiency andaccesstomedicallynecessarycareandcompliancewithotherfederal and state laws.
In Colorado Revised Statutes, add article 247 to title 12 as follows:
-3- 1425 ARTICLE 247 Behavior Analysts and Assistant Behavior Analysts 12-247-101.
THESHORTTITLEOFTHISARTICLETHE SHORT TITLE OF THIS ARTICLE 247 ISTHE"APPLIEDBIS THE "APPLIED B EHAVIOR A NALYSISPRACTICENALYSIS ACT".PRACTICE A CT".
AARTICLES RTICLES1,1, 20AND20,AND 30 OF THIS TITL12APPLYTITLE 12 APPLY ,ACCORDING TO THEIR TERMS,TOTERMS ,TO THIS ARTICL247.ARTICLE 247.
AAS S USED IN THIS ARTIC247,UNLESSARTICLE 247, UNLESS THE CONTEXT OTHERWISE REQUIRES:REQUIRES :
PAGE 2-HOUSE BILL 26-1425 (1) (a) "APPLIED BEHAVIOR ANALYSIS "MEANS" MEANS THE DESIGN , IMPLEMENTATION , AND EVALUATION OF INSTRUCTIONAL AND ENVIRONMENTAL MODIFICATIONS TO PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENTS IN HUMAN BEHAVIOR .
(b) "APPLIED BEHAVIOR ANALYSI"MAYANALYSIS"MAY INCLUDE :
Show all 395 changed lines (355 more)
(I) THE EMPIRICAL IDENTIFICATION OF FUNCTIONAL RELATIONS BETWEEN BEHAVIORAL AND ENVIRONMENTAL FACTORS , KNOWN AS "FUNCTIONAL ASSESSMENT AND ANALYSIS";ANDANALYSIS ";AND (II) APPLIED BEHAVIOR ANALYSIS INTERVENTION,INTERVENTIONS WHICH,WHICH ARE BASEDONSCIENTIFICRESEARCHANDDIRECTANDINDIRECTOBSERVATIONBASED ANDMEASUREMENTOFBEHAVIORANDENVIRONMENTON .APPLIEDBEHAVIORSCIENTIFIC ANALYSISRESEARCH INTERVENTIONSAND UTILIZEDIRECT CONTEXTUALAND FACTORS,MOTIVATINGINDIRECT OPERATIONSOBSERVATION ,ANTECEDENTAND STIMULIMEASUREMENT ,OF POSITIVEBEHAVIOR REINFORCEMENT, AND OTHERENVIRONMENT PROCEDURES.A TOPPLIED HELPBEHAVIOR INDIVIDUALSANALYSIS DEVELOPINTERVENTIONS NEWUTILIZE BEHAVIORSCONTEXTUAL FACTORS , INCREASEMOTIVATING OROPERATIONS ANTECEDENTSTIMULI ,POSITIVEREINFORCEMENT ,ANDOTHER PROCEDURESTOHELPINDIVIDUALSDEVELOPNEWBEHAVIORS ,INCREASEOR DECREASE EXISTING BEHAVIORS ,AND EMIT BEHAVIORS UNDER SPECIFIC ENVIRONMENTAL CONDITIONS.CONDITIONS .
-4- 1425 (c) "APPLIED BEHAVIOR ANALYSIS"DOES NOT INCLUDE:INCLUDE :
(VIII) BUSINESSB USINESS OR ORGANIZATIONAL CONSULTING ,INCLUDING ORGANIZATIONAL BEHAVIOR MANAGEMENT SERVICES ;OR (IX) AANYPRACTICESREGULATEDUNDERARTICLE NY245OFTHISTITLE PRACTICESPAGE REGULATED3-HOUSE UNDERBILL ARTICLE26-1425 24512. OF THIS TITLE12.
(2) "B"BEHAVIOR EHAVIOR TECHNICIAN ", APPLIED"APPLIED BEHAVIOR ANALYSIS TECHNICIANTECHNICIAN", ",BOARDCERTIFIEDAUTISMTECHNICIANBOARD ",OR"REGISTEREDCERTIFIED AUTISM TECHNICIAN",OR REGISTERED BEHAVIORTECHNICIAN "MEANSANINDIVIDUALWHOPRACTICESUNDERTHE SUPERVISION OF A LICENSED BEHAVIOR TECHNICIANANALYST "MEANSOR ANLICENSED INDIVIDUALASSISTANT WHOBEHAVIOR PRACTICESANALYST UNDERIN ACCORDANCE WITH THE SUPERVISIONREQUIREMENTS OF A LICENSEDCERTIFYINGENTITY.A BEHAVIORTECHNICIAN,APPLIEDBEHAVIORANALYSIS TECHNICIAN, BOARD CERTIFIED AUTISM TECHNICIAN , OR REGISTERED BEHAVIOR ANALYSTTECHNICIAN DOES NOT DESIGN ASSESSMENT OR LICENSEDINTERVENTION ASSISTANTBEHAVIORANALYSTINACCORDANCEWITHTHEREQUIREMENTSPLANS OFOR PROCEDURES BUT DELIVERS SERVICES AS ASSIGNED BY THE SUPERVISOR RESPONSIBLE FOR THEIR WORK (3) "BARD "MEANSTHE COLORADOBEHAVIORANALYSTLICENSING BOARD CREATED IN SECTION 12-247-104,WHICH IS AUTHORIZED TO IMPLEMENTANDENFORCETHISARTICLE 247ANDOVERSEETHEPRACTICEOF APPLIED BEHAVIOR ANALYSIS (4) "CERTIFYING ENTITY" MEANS THE B EHAVIOR ANALYST CERTIFICATION BOARD ,THE Q UALIFIEDA PPLIEDB EHAVIOR A NALYSIS CREDENTIALING BOARD ,ORANOTHERNATIONALENTITYIDENTIFIEDBYTHE BOARD WHOSE PROGRAMS TO CREDENTIAL PRACTITIONERS OF APPLIED BEHAVIORANALYSISAREACCREDITEDBYTHE N ATIONALC OMMISSIONFOR CERTIFYING ENTIT.AGENCIES OR THE A MERICAN N ATIONAL S TANDARDS INSTITUTE.
A BEHAVIOR TECHNICIAN,APPLIED BEHAVIOR ANALYSIS TECHNICIAN , BOARD CERTIFIED AUTISM TECHNICIAN , OR REGISTERED BEHAVIOR TECHNICIAN DOES NOT DESIGN ASSESSMENT OR INTERVENTION PLANS OR PROCEDURES BUT DELIVERS SERVICES AS ASSIGNED BY THE SUPERVISOR RESPONSIBLE FOR THEIR WORK.
(3) "B OARD " MEANS THE COLORADO BEHAVIOR ANALYST LICENSING BOARD CREATED IN SECTION 12-247-104, WHICH IS AUTHORIZED TO IMPLEMENT AND ENFORCE THIS ARTICLE 247 AND OVERSEE THE PRACTICE OF APPLIED BEHAVIOR ANALYSI.
-5- 1425 (4) "CERTIFYING ENTITY" MEANS THE BEHAVIOR A NALYST C ERTIFICATIONBOARD ,THE QUALIFIEDA PPLIEDB EHAVIOR ANALYSIS C REDENTIALINGB OARD,OR ANOTHER NATIONAL ENTITY IDENTIFIED BY THEBOARDWHOSEPROGRAMSTOCREDENTIALPRACTITIONERSOFAPPLIED BEHAVIOR ANALYSIS ARE ACCREDITED BY THE NATIONAL C OMMISSION FOR CERTIFYING AGENCIES OR THE AMERICAN N ATIONAL STANDARDS INSTITUTE.
(6) "LICENSED"LCENSED BEHAVIOR ANALYST"MEANSANALYST "MEANS AN INDIVIDUAL WHO IS A CERTIFIED BEHAVIOR ANALYST , CERTIFIED BEHAVIOR ANALYST -DOCTORALDOCTORAL ,OR QUALIFIED BEHAVIOR ANALYST,ORANALYST ,OR WHO HAS ANOTHER CERTIFICATION AS DETERMINED BY THE BOARDBOARDAND , AND IS LICENSED PURSUANT TO SECTION12-247-107.
ColoradoColoradobehavioranalystlicensingboard-created behavior analyst licensing board - created - members - terms - repeal.
(1) (a) TEREHERE IS CREATED THECTHE C OLORADO BEHAVIOR ANALYST PAGE 4-HOUSE BILL 26-1425 LICENSING BOARD,BOARD , WHICH IS A TYPE1ENTITY,ASTYPE 1 ENTITY ,AS DEFINED IN SECTION 24-1-105,AND WHICH EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE DIVISION .
HETHE BOARD CONSISTS OF FIVE MEMBERS WHO ARE APPOINTED BY THE GOVERNOR AS FOLLOWS :
(I) THREET HREE MEMBERS WHO ARE LICENSED BEHAVIOR ANALYSTS ;
(II) NEONE LICENSED ASSISTANT BEHAVIOR ANALYST;ANDANALYST (III); NE PUBLIC MEMBER.
(b) (I) T HE LICENSED BEHAVIOR ANALYST AND LICENSED(III) ASSISTANTONE BEHAVIORPUBLIC ANALYSTMEMBER BOARD MEMBERS INITIALLY APPOINTED -6- 1425 PURSUANT TO SUBSECTION (1)(a)OF THIS SECTION MUST MEET THE QUALIFICATIONS FOR LICENSURE UPON APPOINTMENT AND SHALL APPLY FOR LICENSURE AS SOON THE FIRST APPLICATION PERIOD BEGINS,AND THEY SHALL BE GRANTED APPLICABLE LICENSES UPON MEETING ALL QUALIFICATIONSOFSECTION 12-247-107OR12-247-108,ASAPPLICABLE .
(II)(b)(I) TETHELICENSEDBEHAVIORANALYSTANDLICENSEDASSISTANT LICENSEDBEHAVIORANALYSTANDLICENSEDASSISTANTBEHAVIOR BEHAVIORANALYSTBOARDMEMBERSINITIALLYAPPOINTEDPURSUANTTOANALYST BOARD MEMBERS INITIALLY APPOINTED PURSUANT TO SUBSECTION (1)(a)OF THIS SECTION SHALLMUST MAINTAINMEET THE QUALIFICATIONS FOR LICENSURE PURSUANTTOSECTIONUPONAPPOINTMENT 12-247-107OR12-247-108,ASAPPLICABLE,WHILEANDSHALLAPPLY SERVINGFOR ONLICENSURE ASSOON THE BOARDFIRST .APPLICATION PERIOD BEGINS ,AND THEY SHALL BE GRANTED APPLICABLE LICENSES UPON MEETING ALL QUALIFICATIONS OF SECTION 12-247-107 OR 12-247-108,AS APPLICABLE.
(III)(II) EXCEPTTHE ASLICENSED PROVIDEDBEHAVIOR INANALYST SUBSECTIONAND (1)(b)(IV)OFLICENSED THISASSISTANT SECTION,THEBEHAVIOR TERMANALYST OFBOARD APPOINTMENTMEMBERS FORINITIALLY EACHAPPOINTED MEMBERPURSUANT OFTO THESUBSECTION BOARD(1)(a)OFTHISSECTIONSHALLMAINTAINLICENSUREPURSUANT ISTOSECTION THREE12-247-107 YEARS.OR 12-247-108,ASAPPLICABLE ,WHILESERVINGON THE BOARD .
(IV)(III) (A)EXCEPT TAS HEPROVIDED INITIALIN TERMSUBSECTION OF(1)(b)(IV)OF APPOINTMENTTHIS OFSECTION,THE TWOTERM OF THEAPPOINTMENT LICENSEDBEHAVIORALANALYSTSAPPOINTEDPURSUANTTOSUBSECTIONFOR (1)(a)(IOFEACH THISMEMBER SECTIONOF IS TWO YEARS,WITH THE INITIALBOARD TERMIS OFTHREE APPOINTMENTFORTHEREMAININGMEMBERSOFTHEBOARDBEINGTHREE YEARS .
(B)(IV) THIS(A) T HE INITIAL TERM OF APPOINTMENT OF TWO OF THE LICENSED BEHAVIORAL ANALYSTS APPOINTED PURSUANT TO SUBSECTION (1)(b)(IV)IS(1)(a)(I)OF REPEALEDTHIS SECTION IS TWO YEARS , EFFECTIVEWITH DTHE ECEMBERINITIAL 1,TERM 2030.OF APPOINTMENT FOR THE REMAINING MEMBERS OF THE BOARD BEING THREE YEARS .
(c)(I)(B) TEGOVERNORSHALLMAKETHEINITIALAPPOINTMENTSTOTHISSUBSECTION THE(1)(b)(IV)ISREPEALED,EFFECTIVE BOARDDECEMBER PURSUANT1, TO2030. SUBSECTION (1)(a)OF THIS SECTION NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
(II)(c) TIS(I) SUBSECTION(1)(c)ISREPEALED,EFFECTIVESTE EPTEMBERGOVERNOR 1,2029.SHALL MAKE THE INITIAL APPOINTMENTS TO THE BOARD PURSUANT TO SUBSECTION (1)(a)OF THIS SECTION NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS PAGE 5-HOUSE BILL 26-1425 SECTION .
(2)(II) (a)THISSUBSECTION (I)(1)(c)ISREPEALED UN,EFFECTIVE THESEPTEMBER EXPIRATION1, OF2029. THE TERM OF EACH INITIAL -7- 1425 BOARD MEMBER DESIGNATED PURSUANT TO SUBSECTION (1)(a)OF THIS SECTION ,THE GOVERNOR SHALL APPOINT A BOARD MEMBER TO A THREE -YEAR TERM AND THE BOARD MEMBER SHALL SERVE UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED.
(II)(2) A(a) N(I) INDIVIDUALUPON THE EXPIRATION OF THE TERM OF EACH INITIAL BOARD MEMBER DESIGNATED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION , THE GOVERNOR SHALL NOTAPPOINT SERVEA MOREBOARD THANMEMBER TWOTO CONSECUTIVEA FULLTHREE TERMS-YEAR ONTERM AND THE BOARD MEMBER SHALL SERVE UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED .
(b)(II) IFAN AINDIVIDUAL MEMBER OF THE BOARD CANNOT COMPLETE A TERM OF OFFICE,THE VACANCY SHALL BENOT FILLEDSERVE INMORE THETHAN SAMETWO MANNERCONSECUTIVE ASFULL THETERMS ORIGINALON APPOINTMENT FOR THE REMAINDERBOARD OF THE UNEXPIRED TERM .
(b) IF A MEMBER OF THE BOARD CANNOT COMPLETE A TERM OF OFFICE, THE VACANCY SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT FOR THE REMAINDER OF THE UNEXPIRED TERM .
(4) A BOARD MEMBER SHALL NOT PARTICIPATE IN ANY MATTER BEFORETHEBOARDINWHICHTHEMEMBERHASAPECUNIARYINTERESTORBEFORE THE BOARD IN WHICH THE MEMBER HAS A PECUNIARY INTEREST OR SIMILAR CONFLICT OF INTERES.INTEREST.
(5) TTHE HE GOVERNOR MAY REMOVE A BOARD MEMBER FOR MISCONDUCT ,INCOMPETENCE ,OR NEGLECT OF DUTY.DUTY .
(6)(6)(a) (a)THEDIRECTORSHALLCALLTHEFIRSTMEETINGOFTHEBOARD THENO DIRECTORLATER SHALLTHAN CALLTHREE THEMONTHS FIRSTAFTER MEETINGTHE OFGOVERNOR THEMAKES BOARDNOLATERTHANTHREEMONTHSAFTERTHEGOVERNORMAKESALLALL OF THE INITIAL APPOINTMENTS TO THE BOARD.BOARD .
(b) THREETHREEMEMBERSOFTHEBOARDCONSTITUTEAQUORUMFORTHE MEMBERS OF THE BOARD CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS.BUSINESS .
(7) THETHEBOARDSHALLELECTACHAIRFROMAMONGITSMEMBERSTO BOARDSHALLELECT A CHAIRFROMAMONGITSMEMBERS TO SERVE FOR A TERM NOT TO EXCEED ONE YEAR .
AACHAIR CHAIR SHALL NOT SERVE MORE THAN THREE CONSECUTIVE TERMS .
PowersPowersanddutiesoftheColoradobehavioranalyst andPAGE duties6-HOUSE ofBILL the26-1425 Colorado behavior analyst licensing board - rules.
(1) IN ADDITION TO ALL OTHER POWERS AND DUTIES CONFERRED -8- 1425 UPON THE BOARD BY THIS ARTICLE 247,THE247, THE BOARD HAS THE FOLLOWING POWERS AND DUTIES :
(b) AADOPT DOPT,,AMEND AMENDORREPEALRULESTOADMINISTERANDENFORCE , OR REPEAL RULES TO ADMINISTER AND ENFORCE THIS ARTICLE 247;
(c) ESTABLISHESTABLISHANDDETERMINETHEQUALIFICATIONANDFITNESSOF AND DETERMINE THE QUALIFICATION AND FITNESS OF APPLICANTS FOR LICENSURE UNDER THIS ARTICLE247;ARTICLE 247;
(d) ISSUE,RENEW ,DENY ,SUSPEND ,REVOKE ,OR,ORREFUSETOISSUEOR REFUSE TO ISSUE OR RENEW ANY LICENSE IN ACCORDANCE WITH THIS ARTICLE 247;247;AND (e) CHARGE FEES PURSUANT TO SECTION 12-20-105.
AND (e) CHARGE FEES PURSUANT TO SECTION 12-20-105.
NOTHING IN THIS ARTICLE 247 AUTHORIZESAUTHORIZESTHEBOARDTOREGULATEAPPLIEDBEHAVIORANALYSISCLINICS THE BOARD TO REGULATE APPLIED BEHAVIOR ANALYSIS CLINICS LICENSED PURSUANT TO SECTIONS26-6-905SECTIONS 26-6-905 AND 26-6-909.5.
(1) EXCEPTE XCEPT AS OTHERWISE PROVIDED IN SECTION12-247-115,ANSECTION 12-247-115, AN INDIVIDUAL SHALL NOT ENGAGE IN OR OFFER TO PROVIDE THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS UNLESS THE INDIVIDUAL IS LICENSED UNDER THIS ARTICLE 247.
(2)(2)(a) (a)ANINDIVIDUALSHALLNOTDESIGNATETHEMSELVESORHOLD ANTHEMSELFOUTASALICENSEDBEHAVIORANALYSTUNLESSTHEINDIVIDUAL INDIVIDUAL SHALL NOT DESIGNATE THEMSELVES OR HOLD THEMSELF OUT AS A LICENSED BEHAVIOR ANALYST UNLESS THE INDIVIDUAL IS LICENSED AS A LICENSED BEHAVIOR ANALYST UNDER THIS ARTICLE 247.
(b) ANINDIVIDUALSHALLNOTA N INDIVIDUAL SHALL NOT DESIGNATE THEMSELVES OR HOLD THEMSELFOUTASALICENSEDASSISTANTBEHAVIORANALYSTUNLESSTHETHEMSELF OUT AS A LICENSED ASSISTANT BEHAVIOR ANALYST UNLESS THE INDIVIDUAL IS LICENSED AS A LICENSED ASSISTANT BEHAVIOR ANALYST -9- 1425 UNDER THIS ARTICLE247.ARTICLE 247.
PAGE 7-HOUSE BILL 26-1425 (3) (a) ABEHAVIORA BEHAVIOR TECHNICIAN PROVIDING APPLIED BEHAVIOR ANALYSIS SERVICES UNDER THE SUPERVISION OF A LICENSED BEHAVIOR ANALYST OR A LICENSED ASSISTANT BEHAVIOR ANALYST PURSUANT TO SECTION 12-247-115 (1)(b)SHALL(1)(b) SHALL NOT REPRESENT THEMSELVES AS A LICENSED BEHAVIOR ANALYST AND SHALL USE A TITLE THAT INDICATES THEIRTHEIRNONPROFESSIONALSTATUS NONPROFESSIONALSUCHAS STATUS , SUCH AS "ABA TECHNICIAN",TECHNICIAN "BEHAVIOR",BEHAVIOR TECHNICIAN ",OR"TUTOR"OR "TUTOR ".
(b) A BEHAVIOR TECHNICIAN MAY USE THE TITLE OF A CURREN,CURRENT , VALID CREDENTIALCREDENTIALTHEY THEY POSSESS THAT HASHASBEENISSUEDBYACERTIFYING BEENENTITY, ISSUEDSUCH BY A CERTIFYING ENTITY,SUCH AS "REGISTERED BEHAVIOR TECHNICIAN ",IF THEY ARE PERFORMING FUNCTIONS IN ACCORDANCE WITH THE CREDENTIAL .
(1) AANAPPLICANTFORALICENSEASALICENSEDBEHAVIORANALYST NSHALLSUBMITACOMPLETEDAPPLICATIONASREQUIREDBYTHEBOARDAND APPLICANT FOR A LICENSE AS A LICENSED BEHAVIOR ANALYSTSHALLSUBMITACOMPLETEDAPPLICATIONASREQUIREDBYTHE BOARD AND SHALL :
(a) HAVEH AVE A CURRENT ,VALID CERTIFICATION IN GOOD STANDING WITH AACERTIFYINGENTITYASACERTIFIED CERTIFYING ENTITY AS A CERTIFIED BEHAVIOR ANALYST ,,CERTIFIED CERTIFIEDBEHAVIORANALYST BEHAVIOR-DOCTORAL ANALYST,ORQUALIFIEDBEHAVIORANALYSTORHAVE DOCTORAL ,OR QUALIFIED BEHAVIOR ANALYST OR HAVE ANOTHER CERTIFICATION AS DETERMINED BY THE BOARD ;AND (b) COMPLETEAFINGERPRINTCOMPLETE BASEDCRIMINALHISTORYRECORDA FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE WITH SECTION 12-247-109.
(2) AFTERA FTER AN APPLICANT HAS FULFILLED THE REQUIREMENTS OF SUBSECTION (1)OF(1)OFTHISSECTION THISTHEBOARDSHALLISSUEALICENSETOTHE SECTIO,THE BOARD SHALL ISSUE A LICENSE TO -10- 1425 THE APPLICANT ;EXCEPT THAT THE BOARD MAY DENY A LICENSE IF THE APPLICANT HAS COMMITTED AN ACT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER SECTION 12-247-117.
(1) AAN N APPLICANT FOR A LICENSE AS A LICENSED ASSISTANT BEHAVIORBEHAVIORANALYSTSHALLSUBMITACOMPLETEDAPPLICATIONASREQUIRED ANALYST SHALL SUBMIT A COMPLETED APPLICATION AS REQUIRED BY THE BOARD AND SHALL :
PAGE 8-HOUSE BILL 26-1425 (a) H AVE A CURRENT,VALIDCURRENT ,VALID CERTIFICATION IN GOOD STANDING WITHWITHACERTIFYINGENTITY A CERTIFYING ENTITY AS A CERTIFIED ASSISTANT BEHAVIORBEHAVIORANALYST ANALYST OR QUALIFIED AUTISM SERVICE PRACTITIONER-SUPERVISORPRACTITIONER -SUPERVISOR OR HAVE ANOTHER CERTIFICATION AS DETERMINED BY THE BOARD ;AND (b) COMPLETEAFINGERPRINTCOMPLETE -BASEDCRIMINALHISTORYRECORDA FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE WITH SECTION 12-247-109.
(2) A FTER AN APPLICANT HAS FULFILLED THE REQUIREMENTS OF SUBSECTION (1)OF(1)OFTHISSECTION THISTHEBOARDSHALLISSUEALICENSETOTHE SECTIO,THE BOARD SHALL ISSUE A LICENSE TO THE APPLICANT ;EXCEPT THAT THE BOARD MAY DENY A LICENSE IF THE APPLICANT HAS COMMITTED AN ACT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER SECTION 12-247-117.
Fingerprint-basedcriminalhistoryrecordcheck.Fingerprint-based criminal history record check.
(1) ANAPPLICANTAN FORALICENSEAPPLICANT PURSUANTTOTHISARTICLEFOR 247A SHALLLICENSE SUBMITPURSUANT TO ATHIS FINGERPRINTARTICLE247 -BASEDSHALLSUBMITTOAFINGERPRINT CRIMINALBASEDCRIMINALHISTORYRECORDCHECK HISTORY RECORD CHECK .
THE APPLICANT MUST PAY THE COSTS ASSOCIATED WITH THE FINGERPRINTFINGERPRINT-BASED BASED CRIMINAL HISTORY RECORD CHECK .
(2) A N APPLICANT SHALL HAVE THE APPLICANT'SAPPLICANT S FINGERPRINTS TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR ANY THIRD PARTY -11-APPROVEDBYTHE 1425COLORADOBUREAUOFINVESTIGATIONFORTHEPURPOSE APPROVED BY THE C OLORADO BUREAU OF INVESTIGATIONOBTAINING FORA THEFINGERPRINT-BASED PURPOSEOFOBTAININGAFINGERPRINTCRIMINAL -BASEDCRIMINALHISTORYRECORDHISTORY RECORD CHECK .
THE APPLICANT SHALL AUTHORIZE THE ENTITY TAKING THE APPLICANT'SAPPLICANT S FINGERPRINTS TO SUBM,ANDSUBMIT,AND THE ENTITY SHALL SUBMIT,SUBMIT,THE THECOMPLETESETOFTHEAPPLICANTCOMPLETE SFINGERPRINTSTOTHESET COLORADOOF THE APPLICANT S FINGERPRINTS TO THE C OLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A FINGERPRINT-BASEDFINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECK.CHECK .
(3) IF AN APPROVED THIRD PARTY TAKES THE PERSON S FINGERPRINTS,THEFINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED USING CCOLORADO OLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN EQUIPMENT .A NAPPROVEDTHIRDPARTYSHALLNOTKEEPTHEAPPLICANT S INFORMATION FOR MORE THAN THIRTY DAYS AFTER THE APPLICANT S FINGERPRINTS ARE TAKEN BY THE APPROVED THIRD PARTY .
AN APPROVED THIRD PARTY SHALL NOT KEEP THE APPLICANT'S INFORMATION FOR MORE THAN THIRTY DAYS AFTER THE APPLICANT'S FINGERPRINTS ARE TAKEN BY THE APPROVED THIRD PAR.Y (4) THET HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE APPLICANT'SAPPLICANT S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD PAGE 9-HOUSE BILL 26-1425 CHECK USING THE BUREAU S RECORDS .
THE COLORADOC BUREAUOLORADO OF INVESTIGATIONSHALLALSOFORWARDTHEFINGERPRINTSTOTHEFEDERAL BUREAU OF INVESTIGATION FORSHALL THEALSO PURPOSEFORWARD OFTHE CONDUCTINGFINGERPRINTS ATO FINGERPRINT-BASEDCRIMINALHISTORYRECORDCHECKTHE .THEFEDERAL COLORADO BUREAU OF INVESTIGATION ,FOR APPLICANT, DEPARTMENT ,AND ENTITY TAKING FINGERPRINTS SHALL COMPLY WITH THE FEDERALPURPOSE BUREAU OF INVESTIGATION'SCONDUCTING REQUIREMENTS TO CONDUCT A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .
(5) THE COLORADO BUREAUBUREAUOFINVESTIGATION OF,APPLICANT,DEPARTMENT INVESTIGATION,ANDENTITYTAKING FINGERPRINTS SHALL RETURNCOMPLY WITH THE RESULTSFEDERAL BUREAU OF ITSINVESTIGATION'SREQUIREMENTSTOCONDUCTACRIMINALHISTORYRECORD CRIMINAL HISTORY RECORD CHECK TO THE DEPARTMENT .
THE(5) DEPARTMENTTHEC SHALLOLORADO USEBUREAU THEOFINVESTIGATION INFORMATIONSHALLRETURN RESULTINGTHE FROMRESULTS THEOF ITS CRIMINAL HISTORY RECORD CHECKSCHECK TO -12-THE 1425DEPARTMENT INVESTIGATE. AND DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO HOLD A LICENSE PURSUANT TO THIS ARTICL247.
(6) IF THE FEDERALDEPARTMENT BUREAUSHALL OFUSE INVESTIGATIONTHE ISINFORMATION UNABLERESULTING TOFROM COMPLETETHE A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKCHECKS OFTO ANAPPLICANTINVESTIGATE ,THECAND OLORADOBUREAUOFINVESTIGATIONSHALLINFORMDETERMINE THEWHETHER DEPARTMENTAN ,AND THE DEPARTMENT MAY CONDUCT A CRIMINAL HISTORY RECORD CHECK OF THE APPLICANT USINGIS THEQUALIFIED CTO OLORADOHOLD BUREAU OF INVESTIGATION S RECORDS AS A SUBSTITUTELICENSE FORPURSUANT THETO FINGERPRINT-BASEDCRIMINALHISTORYRECORDCHECKREQUIREDINTHISTHIS ARTICLEARTICLE247. 247.
(7)(6) WIF HEN THE RESULTSFEDERAL BUREAU OF AINVESTIGATION CRIMINALIS HISTORYUNABLE RECORDTO CHECKCOMPLETEAFINGERPRINT OF-BASEDCRIMINALHISTORYRECORDCHECKOFAN ANAPPLICANT,THE APPLICANTCOLORADOBUREAUOFINVESTIGATIONSHALLINFORMTHE PERFORMEDDEPARTMENT PURSUANT,AND TOTHE THISDEPARTMENT ARTICL247MAY REVEALCONDUCT A CRIMINAL HISTORY RECORD CHECK OF ARRESTTHE WITHOUTAPPLICANT AUSING DISPOSITION, THE DEPARTMENTCOLORADO SHALLBUREAU REQUIREOF THEINVESTIGATION'S APPLICANTRECORDS TOAS SUBMITA TOANAMESUBSTITUTE BASEDFOR JUDICIALRECORDTHE CHECKFINGERPRI-BASED ,ASCRIMINAL DEFINEDHISTORY RECORD CHECK REQUIRED IN SECTIO22-2-119.3THIS (6)(d).ARTICLE247.
(7) W HEN THE RESULTS OF A CRIMINAL HISTORY RECORD CHECK OF AN APPLICANT PERFORMED PURSUANT TO THIS ARTICLE 247 REVEAL A RECORD OF ARREST WITHOUT A DISPOSITION ,THE DEPARTMENT SHALL REQUIRE THE APPLICANT TO SUBMIT TO A NAME BASED JUDICIAL RECORD CHECK ,AS DEFINED IN SECTIO22-2-119.3 (6)(d).
Issuance,Issuance,expiration,andrenewaloflicenses-rules. expiration, and renewal of licenses - rules.
(1) LICENSESLICENSESISSUEDPURSUANTTOTHISARTICLE ISSUED247AREVALIDFOR PURSUANT TO THIS ARTIC247 ARE VALID FOR A PERIOD AS DETERMINED PURSUANT TO SECTION12-20-202.SECTION 12-20-202.
(2) (a) PIOR TO THE EXPIRATION OF A LICE,THELICENS,THE BOARD MAY RENEW A LICENSE ISSUED PURSUANT TO THIS ARTICL247IF:ARTICLE47 IF:
(I) TTELICENSEESUBMITSACOMPLETEDAPPLICATIONFORRENEWAL HE LICENSEE SUBMITS A COMPLETED APPLICATION FOR RENEWAL TO THE BOARD AS REQUIRED BY THE BOARD BY RULE;AND PAGE 10-HOUSE BILL 26-1425 (II) THE BOARD VERIFIES THE LICENSE'SLICENSEE S CERTIFICATION BY A CERTIFYING ENTITY.
(b) ALICENSEALICENSEISSUEDPURSUANTTOTHISARTICLE ISSUED247 PURSUANTISSUBJECTTO TOA THISGRACE ARTIC247PERIOD ISAFTER SUBJECTTHE TOAGRACEPERIODAFTERTHEEXPIRATIONOFTHELICENSEPURSUANTTOEXPIRATION -13-OF 1425THE LICENSE PURSUANT TO SECTION 12-20-202 (1)(e).
THE BOARD SHALL ISSUE A LICENSE BY ENDORSEMENT TO AN APPLICANT WHO SATISFIES THE REQUIREMENTS OF THE OCCUPATIONAL CREDENTIALPORTABILITYPROGRAMDESCRIBEDINSECTIONCREDENTIALPORTABILITY PROGRAM DESCRIBEDINSECTION 12-20-202(3).
SupervisionoflicensedassistantbehavioranalystsSupervision of licensed assistant behavior analysts - rules.
(1) ALICENSEDA LICENSED ASSISTANT BEHAVIOR ANALYST SHALL PRACTICE ONLY UNDER THE SUPERVISION OF A LICENSED BEHAVIOR ANALYS.ANALYST .
(2) ALICENSEDBEHAVIORANALYSTSHALLSUPERVISEALICENSEDA LICENSED BEHAVIOR ANALYST SHALL SUPERVISE A LICENSED ASSISTANT BEHAVIOR ANALYST IN ACCORDANCE WITH THE RULES OFTHEOF THE BOARD .
(3) ALICENSEDA LICENSED ASSISTANT BEHAVIOR ANALYST SHALL PRACTICE WITHINWITHINTHESCOPEOFPRACTICEESTABLISHEDBYTHERULESOFTHEBOARD THE SCOPE OF PRACTICE ESTABLISHED BY THE RULES OF THE BOARD .
(1) (a) HETHE PRACTICE OF BEHAVIORAL ANALYSIS INCLUDES THE DESIGN, IMPLEMENTATION , AND EVALUATION OF ENVIRONMENTAL MODIFICATIONS USING BEHAVIORAL STIMULI AND CONSEQUENCES TO PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT IN HUMAN BEHAVIOR , INCLUDING THE USE OF DIRECT OBSERVATION ,MEASUREMENT , ANDMEASUREMENT FUNCTIONAL, ANALYSIS OF THE RELATIONSHIP BETWEEN ENVIRONMENT AND FUNCTIONALANALYSISOFTHERELATIONSHIPBETWEENENVIRONMENTAND BEHAVIOR ,FOR THE PURPOSE OF PROVIDING TREATMEN.TREATMENT .
(b) HEPRACTICEOFBEHAVIORALANALYSISMAYINCLUDEOTHERTHE PRACTICE OF BEHAVIORAL ANALYSIS MAY INCLUDE OTHER PRACTICES AS DEFINED BY THE BOAR.BOARD.
(2) A LICENSED BEHAVIORAL ANALYST SHALL SUPERVISE AN PAGE 11-HOUSE BILL 26-1425 APPROPRIATE NUMBER OF ASSISTANT BEHAVIORAL ANALYSTS OR -14- 1425 BEHAVIORAL TECHNICIANS AT A TIME AS DETERMINED BY THE BOAR.BOARD .
(3) (a) A LICENSED BEHAVIOR ANALYST SHALL DEVELOP AN INDIVIDUALIZEDINDIVIDUALIZEDTREATMENT TREATMENTPLANFORAPPLIEDBEHAVIORANALYSISTHAT PLAN FOR APPLIED BEHAVIOR ANALYSIS THAT WILL GUIDE RECOMMENDATIONS FOR TREATMENT GOALS ,,TREATMENT TREATMENT INTENSITY,AND SERVICE DELIVERY.DELIVERY .
(b) AANINDIVIDUALIZEDTREATMENTPLANDESCRIBEDINSUBSECTION N(3)(a)OF INDIVIDUALIZED TREATMENT PLAN DESCRIBED IN SUBSECTION (3)(aOF THIS SECTION MUST IDENTIFY AND DEVELOP OBJECTIVE AND MEASURABLEMEASURABLETREATMENTGOALSTOADDRESSPROBLEMAREASTHATWERE TREATMENT GOALS TO ADDRESS PROBLEM AREAS THAT WERE IDENTIFIED THROUGH THE USE OF STANDARDIZED ASSESSMENTS , CRITERIA-REFERENCEDCRITERIA-REFERENCEDASSESSMENTS ASSESSMENTS,OROTHERASSESSMENTSFORINITIAL , OR OTHER ASSESSMENTS FOR INITIAL AND ONGOING ASSESSMENT AND PROGRESS MONITORING .THETREATMENTGOALSSHALLBEDEFINEDAPPROPRIATETO.THE TREATMENT GOALS SHALL BE DEFINED APPROPRIATE TO PROPOSED TREATMENT INTENSITY AND SERVICE DELIVERY.DELIVERY .
A LICENSEDASSISTANTBEHAVIORALANALYSTMAYPERFORMANYLICENSED FUNCTIONALICENSEDBEHAVIORALANALYSTISAUTHORIZEDTOPERFORMASSISTANT BEHAVIORAL ANALYST MAY PERFORM ANY FUNCTION A LICENSED BEHAVIORAL ANALYST IS AUTHORIZED TO PERFORM IF THE FUNCTION IS PERFORMED UNDER THE SUPERVISION OF A LICENSED BEHAVIORALANALYSTBEHAVIORAL ,WHICHSUPERVISIONTHEBOARDSHALLDEFINEBYANALYST ,WHICH SUPERVISION THE BOARD SHALL DEFINE BY RULE .
(1) T HIS ARTICLE247ARTICLE 247 DOES NOT PROHIBIT OR RESTRICT THE PRACTICE OF THE FOLLOWING:FOLLOWING :
(a) A HEALTH-CAREHEALTH -CARE PROFESSIONAL LICENSED ,CERTIFIE,, CERTIFIED, OR REGISTERED UNDER THIS TITLE12ANDTITLE 12AND PRACTICING IN THIS STATE AND ANYINDIVIDUALPRACTICINGUNDERTHEIRSUPERVISIONINACCORDANCEANY INDIVIDUAL PRACTICING UNDER THEIR SUPERVISION IN ACCORDANCE WITH THIS TITL12,IF:TITLE12,IF:
-15- 1425 (I) APPLIED BEHAVIOR ANALYSIS IS WITHIN THE SCOPE OFOFPRACTICE PRACTICE APPLICABLE TO THE INDIVIDUAL UNDER THIS TIT12;TITLE12;
(II) THE APPLIED BEHAVIOR ANALYSIS SERVICES PROVIDED ARE PAGE 12-HOUSE BILL 26-1425 WITHIN THE SCOPE OF THE LICENSED HEALTH -CARE PROFESSIONAL S'S EDUCATION ,TRAINING,AND,TRAINING ,AND COMPETENCE ;AND (III) THE LICENSED,CERTIFIED,ORLICENSED , CERTIFIED,OR REGISTERED HEALTH CARE-CARE PROFESSIONALORPROFESSIONAL OR SUPERVISEE DOES NOT REPRESENT THEMSELVESUSINGTHEMSELVES USING TITLES PROTECTED UNDER SECTION12-247-106;SECTION 12-247-106;
(b) ABEHAVIORTECHNICIANFROMPROVIDINGAPPLIEDBEHAVIORA BEHAVIOR TECHNICIAN FROM PROVIDING APPLIED BEHAVIOR ANALYSIS SERVICES UNDER THE SUPERVISION OF A LICENSED BEHAVIOR ANALYST OR A LICENSED ASSISTANT BEHAVIOR ANALYST;ANALYST ;
(c) ACAREGIVEROFARECIPIENTOFAPPLIEDBEHAVIORANALYSISA SERVICESCAREGIVER WHOOF PROVIDESA RECIPIENT OF APPLIED BEHAVIOR ANALYSIS SERVICESSERVICESWHOPROVIDESAPPLIEDBEHAVIORANALYSISSERVICESUNDERTHE UNDERAUTHORITY THEAUTHORITYANDDIRECTIONOFALICENSEDBEHAVIORANALYSTORAAND DIRECTION OF A LICENSED BEHAVIOR ANALYST OR A LICENSED ASSISTANT BEHAVIOR ANALYST .
HETHE CAREGIVER SHALL NOT REPRESENTTHEMSELVESASALICENSEDBEHAVIORANALYSTORLICENSEDREPRESENT THEMSELVES AS A LICENSED BEHAVIOR ANALYST OR LICENSED ASSISTANT BEHAVIOR ANALYST .
(d) A MATRICULATED COLLEGE OR UNIVERSITY STUDENT OR POSTDOCTORALFELLOWWHOSEAPPLIEDBEHAVIORANALYSISACTIVITIESPOSTDOCTORAL FELLOW WHOSE APPLIED BEHAVIOR ANALYSIS ACTIVITIES ARE PART OF A DEFINED PROGRAM OF STUDY ,COURSE ,PRACTICUM, PRACTICUM , INTERNSHIP,INTERNSHIP,ORFELLOWSHIPANDAREDIRECTLYSUPERVISEDBYALICENSED BEHAVIOR ANALYST OR FELLOWSHIPA ANDQUALIFIED AREFACULTY DIRECTLYMEMBER SUPERVISEDLOCATED BYIN ATHIS LICENSEDSTATE.T BEHAVIORHE ANALYSTSTUDENT OR AFELLOWSHALL QUALIFIEDNOT FACULTYREPRESENT MEMBERTHEMSELVES LOCATEDINTHISSTATEAS .THESTUDENTORFELLOWSHALLNOTREPRESENTA THEMSELVESASALICENSEDBEHAVIORANALYSTORLICENSEDASSISTANTLICENSEDBEHAVIORANALYSTORLICENSEDASSISTANTBEHAVIORANALYST BEHAVIOR ANALYST AND SHALL USE A TITLE THAT CLEARLY INDICATES THEIR TRAINEE STATUS,SUCHSTATUS AS"STUDENTSUCH ",INTERNAS "OR"STUDENT ", INTERN",OR "TRAINEE".
(e) UUNLICENSED NLICENSED INDIVIDUALS FROM PURSUING EXPERIENCE IN -16- 1425 APPLIED BEHAVIOR ANALYSIS CONSISTENT WITH THE EXPERIENCE REQUIREMENTSOFTHEBOARDREQUIREMENTS ,PROVIDEDTHEEXPERIENCEISSUPERVISEDOF INTHE ACCORDANCEBOARD WITH,PROVIDED THE REQUIREMENTSEXPERIENCE OFIS THESUPERVISED BOARD;ANDIN (f)ACCORDANCE AWITH NTHE INDIVIDUALREQUIREMENTS EMPLOYEDOF BYTHE ABOARD SCHOOL;AND ,AS(f) DEFINEDANINDIVIDUALEMPLOYEDBYASCHOOL IN,ASDEFINEDINSECTION SECTION 22-1-132 (2)(cPERFORMING(2)(c)PERFORMING THE DUTIES OF THEIR POSITIO.POSITION .
(I) REPRESENT THEMSELVESTHEMSELVESASA ASLICENSED ABEHAVIOR ANALYST OR LICENSED ASSISTANT BEHAVIOR ANALYST ORLICENSEDASSISTANTBEHAVIORANALYSTUNLESSTHEYARELICENSEDUNLESS THEY ARE LICENSED UNDER THIS ARTICLE247;ARTICLE 247;
PAGE 13-HOUSE BILL 26-1425 (II) OFEROFFER APPLIED BEHAVIOR ANALYSIS SERVICES TO A PERSON OTHER THAN THE STUDENTS OF THEIR SCHOOL EMPLOYER;OREMPLOYER ;OR (III) CCEPTACCEPT REMUNERATION FOR PROVIDING APPLIED BEHAVIOR ANALYSISANALYSISSERVICESOTHERTHANTHE SERVICESREMUNERATIONTHEYRECEIVE OTHER THAN THE REMUNERATION THEY RECEIVE FROM THEIR SCHOOL EMPLOYER .
(1) IDIVIDUALSLICENSEDPURSUANTTOTHISARTICLEIDIVIDUALS 247LICENSED PURSUANT TO THIS ARTICLE247 SHALL MAINTAIN THEIR PROFESSIONAL CREDENTIAL ISSUED BY A CERTIFYING ENTITYASDESCRIBEDINSECTIONENTITY 12-247-107(1)(aORAS 12-247-108(1)(a),DESCRIBED IN SECTION2-247-107 (1)(aOR 12-247-108 (1)(a), AS APPLICABLE ,AND, AND SHALL PRACTICE IN ACCORDANCE WITH THE REQUIREMENTS OF THE CREDENTIAL AND IN ACCORDANCE WITH RULES ADOPTED BY THE BOARD .
(2) IDIVIDUALSLICENSEDPURSUANTTOTHISARTICLEIDIVIDUALS LICENSED PURSUANT TO THIS ARTICLE 247SHALL IMMEDIATELY NOTIFY THE BOARD IF THEIR APPLICABLE PROFESSIONAL CREDENTIALISSUEDBYACERTIFYINGENTITYISSUSPENDEDORREVOKEDCREDENTIAL ISSUED BY A CERTIFYING ENTITY IS SUSPENDED OR REVOKED (3) (a) UNLESS OTHERWISE PUBLICLY AVAILABLE , RECORDS OF ASSESSMENTS OR OTHER DOCUMENTATION DEVELOPED OR SUBMITTED IN CONNECTIONWITHPEERREVIEWACTIVITIESARECONFIDENTIALANDEXEMPT FROM PUBLIC INSPECTION UNDER SECTION 24-72-204 (3)(a)(IV)OR DISCOVERY IN CONNECTION WITH A CIVIL ACTION AGAINST A LICENSED BEHAVIOR ANALYST OR LICENSED ASSISTANT BEHAVIOR ANALYST .
(3)HE (a)BOARD ULESSSHALL OTHERWISEONLY PUBLICLYUSE AVAILABLETHE ,RECORDSRECORDS OF ASSESSMENTS OR OTHERDOCUMENTS DOCUMENTATIONFOR DEVELOPEDPURPOSES ORSUBMITTEDINOF CONNECTIONDETERMINING WITHWHETHER PEERA REVIEWLICENSED ACTIVITIES ARE CONFIDENTIAL AND -17- 1425 EXEMPT FROM PUBLIC INSPECTION UNDER SECTION 24-72-204 (3)(a)(IV) ORDISCOVERYINCONNECTIONWITHACIVILACTIONAGAINSTALICENSED BEHAVIOR ANALYST OR LICENSED ASSISTANTASSISTANTBEHAVIORANALYSTISMAINTAININGCONTINUINGPROFESSIONAL BEHAVIORCOMPETENCY ANALYSTTO ENGAGE IN THE PROFESSION .
THE(b) BOARDSUBJECT SHALLTO ONLYTHE USEREQUIREMENTS THEOF RECORDSSUBSECTION OR(3)(aOF DOCUMENTSTHIS FORSECTION,NOTHINGINTHISSECTIONSHALLBE PURPOSESCONSTRUEDTORESTRICTTHE DISCOVERY OF DETERMININGINFORMATION WHETHEROR ADOCUMENTS LICENSEDTHAT BEHAVIORARE ANALYSTOTHERWISE ORDISCOVERABLE LICENSEDUNDER ASSISTANTTHE BEHAVIORC ANALYSTOLORADO ISRULES MAINTAININGOF CONTINUINGCIVIL PROFESSIONALPROCEDURE COMPETENCYIN TOCONNECTIONWITHACIVILACTIONAGAINSTALICENSEDBEHAVIORANALYST ENGAGEOR INLICENSED THEASSISTANT PROFESSIONBEHAVIOR ANALYST .
(b) SUBJECTTOTHEREQUIREMENTSOFSUBSECTION (3)(aOFTHIS SECTION ,NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT THE DISCOVERY OF INFORMATION OR DOCUMENTS THAT ARE OTHERWISE DISCOVERABLE UNDER THE COLORADO RULES OF CIVIL PROCEDURE IN CONNECTION WITH A CIVIL ACTION AGAINST A LICENSED BEHAVIOR ANALYST OR LICENSED ASSISTANT BEHAVIOR ANALYST .
PAGE 14-HOUSE BILL 26-1425 (1) PURSUANTP URSUANT TO PART 4 OF ARTICLE20ARTICLE 20 OF THIS TITLE12,THETITLE12, THE BOARD MAY DENY OR REFUSE TO RENEW A LICENSE SUSPEND,SUSPEND OR REVOKE A LICENSE,IMPOSELICENSE, IMPOSE PROBATIONARY CONDITIONS ON A LICENSE ,,ISSUE ISSUE A CEASE -AND-DESISTAND LETTER,-DESIST LETTER , OR SEEK INJUNCTIVE RELIEF AGAINST A LICENSEEORANAPPLICANTFORLICENSUREWHOHASENGAGEDINONEORLICENSEE OR AN APPLICANT FOR LICENSURE WHO HAS ENGAGED IN ONE OR MORE OFTHEOF THE FOLLOWING GROUNDS FORDISCIPLINEFOR DISCIPLINE OR UNPROFESSIONAL CONDUCT :
(a) ENGAGING IN CONDUCT INVOLVING FRAUD , DECEIT, MISREPRESENTATION ,ORCONCEALMENTOFMATERIALFACTSINOBTAINING OR CONCEALMENT OF MATERIAL FACTS IN OBTAINING OR ATTEMPTING TO OBTAIN A LICENSE OR THE RENEWAL OF A LICENSE;LICENSE ;
(b) (I) FILING TO NOTIFY THE BOAR,ASBOARD , AS REQUIRED BY SECTION -18- 1425 12-30-108 (1),OF(1), OF A PHYSICAL ILLNESS , PHYSICAL CONDITION,CONDITION , OR BEHAVIORAL ,MENTAL,MENTALHEALTH HEALTHORSUBSTANCEUSEDISORDERTHATIMPACTS ,ORTHELICENSEE SUBSTANCESABILITYTOPROVIDEAPPLIEDBEHAVIORANALYSISSERVICES USEWITHREASONABLESKILLANDSAFETYORTHATMAYENDANGERTHEHEALTH DISORDEROR THAT IMPACTS THE LICENSEE S ABILITY TO PROVIDE APPLIED BEHAVIOR ANALYSIS SERVICES WITH REASONABLE SKILL AND SAFETY OROF THATINDIVIDUALS MAYRECEIVING ENDANGERTHEHEALTHORSAFETYOFINDIVIDUALSRECEIVINGSERVICESSERVICES; ;
(II) FAILINGF AILING TO ACT WITHIN THE LIMITATIONS CREATED BY A PHYSICALPHYSICALILLNESS ILLNESS,PHYSICALCONDITION PHYSICAL,ORBEHAVIORAL CONDITION,,MENTALHEALTH , OR BEHAVIORAL ,MENTAL HEALTH ,OR SUBSTANCE USE DISORDER THAT RENDERS THE PERSON UNABLE TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITH REASONABLE SKILL AND SAFETY OR THAT MAY ENDANGER THE HEALTH OR SAFETY OF INDIVIDUALS UNDER THE LICENSESLICENSEE S CARE;
(III) AILINGFILINGTOCOMPLYWITHTHE TOLIMITATIONSAGREEDTOUNDER COMPLY WITH THE LIMITATIONS AGREED TO UNDER A CONFIDENTIAL AGREEMENT ENTERED INTO PURSUANT TO SECTIONS 12-30-108AND12-30-108 AND 12-247-121;OR (IV) RREFUSINGTOSUBMITTOAPHYSICALORMENTALEXAMINATION EFUSING TO SUBMIT TO A PHYSICAL OR MENTAL EXAMINATION WHEN ORDERED BY THE BOARD PURSUANT TO SECTION 12-247-120;
(c)(I)(c) VOLATINGTHEREQUIREMENTSOFSECTION(I) 12-247-116ORVOLATING FAILING TO NOTIFY THE BOARDREQUIREMENTS OF THESECTION SUSPENSION12-247-116 OR REVOCATIONFAILINGTONOTIFYTHE OFBOARD THEOFTHE INDIVIDUALSSUSPENSION ORREVOCATIONOFTHE INDIVIDUAL'S PAST OR CURRENTLY HELD LICENS,CERTIFICATE,ORLICENSE REGISTRATION, REQUIREDCERTIFICATE, TOOR PRACTICEREGISTRATIONREQUIREDTOPRACTICEAPPLIEDBEHAVIORANALYSISINTHIS APPLIED BEHAVIOR ANALYSIS IN THIS STATE OR ANY OTHER JURISDICTI;ORJURISDICTION ;OR (II) HAVINGHAVINGALICENSE A,CERTIFICATE,ORREGISTRATIONSUSPENDED LICENSEPAGE ,15-HOUSE CERTIFICAT,BILL OR26-1425 REGISTRATION SUSPENDED OR REVOKED FOR AN ACTION THAT VIOLATES THIS ARTICLE 247;
(d) BEING CONVICTED OF OR PLEADING GUILTY OR NOLO CONTENDERETOAFELONYORCOMMITTINGANACTSPECIFIEDINSECTIONCONTENDERE -19-TO 1425A FELONY OR COMMITTING AN ACT SPECIFIED IN SECTION 12-247-106.
N CONSIDERING THE DISCIPLINARY ACTIO,THEACTION ,THE BOARD IS GOVERNED BY SECTIONS 12-20-202 (5AND 24-5-101.
(e) ADMINISTERINGTREATMENTWITHOUTCLINICALJUSTIFICATIONADMINISTERING TREATMENT WITHOUT CLINICAL JUSTIFICATION THAT IS DEMONSTRABLY UNNECESSARY ;
(f) COMMITTINGC OMMITTING AN ACT OR OMISSION THAT IS CONTRARY TO GENERALLYGENERALLYACCEPTEDSTANDARDSOFTHEPRACTICEOFAPPLIEDBEHAVIOR ACCEPTED STANDARDS OF THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS ;
(g) NGAGINGINIMMORALENGAGING IN IMMORAL ,DISHONORABLE ,UNPROFESSIONAL ,OR UNETHICAL CONDUCT AS DESCRIBED IN THIS ARTICLE247ARTICLE 247 OR IN BOARD RULES ;
(h) FAILING TO PROVIDE SUPERVISION OF A LICENSED ASSISTANT BEHAVIOR ANALYST ,A, A BEHAVIOR TECHNICIAN ,OR ANY UNLICENSED INDIVIDUAL IN THE PRACTICE OF APPLIED BEHAVIOR ANALY;ORANALYSISOR (i) OTHERWISETHERWISEVIOLATINGTHISARTICLE VIOLATING THIS ARTICLE 247 ORORANYLAWFULORDER ANY LAWFUL ORDER OR RULE OF THE BOARD.BOARD .
(2) (a) HETE BOARDMAYCOMMENCEAPROCEEDINGTODISCIPLINEBOARD MAY COMMENCE A PROCEEDING TO DISCIPLINE A LICENSEE UPON RECEIPT OF A COMPLAINT AGAINST A LICENSEE OR BY A MOTION OF THE BOARD IF THE BOARD HAS REASONABLE GROUNDS TO BELIEVE THAT THE LICENSEE HAS COMMITTED AN ACT OR OMISSION DESCRIBEDDESCRIBEDINTHISSECTIONORHASVIOLATEDALAWFULORDERORRULEOF IN THIS SECTIONOR HAS VIOLATED A LAWFULORDER OR RULE OF THE BOARD.BOARD .
(b) IIN ANY PROCEEDING COMMENCED UNDER THIS SECTION ,THE BOARDMAYACCEPTASEVIDENCEOFGROUNDSFORDISCIPLINARYACTIONBOARD AMAY DISCIPLINARYACCEPT ACTIONAS TAKENEVIDENCE AGAINSTOF AGROUNDS LICENSE,CERTIFICANT,ORFOR REGISTRANTINANOTHERJURISDICTIONIFTHEVIOLATIONTHATPROMPTEDDISCIPLINARY THEACTION A DISCIPLINARY ACTION INTAKEN THEAGAINST OTHERA JURISDICTIONLICENSEE WOULD, BECERTIFICANT,OR GROUNDSREGISTRANT FORIN DISCIPLINARYANOTHER ACTIONJURISDICTION UNDERIF THISARTICLE247ORTHE AVIOLATION RULETHAT -20-PROMPTED 1425THEDISCIPLINARYACTIONINTHEOTHERJURISDICTIONWOULDBEGROUNDS ADOPTEDFORDISCIPLINARYACTIONUNDERTHISARTICLE BY247 ORARULEADOPTEDBY THE BOARD .
PAGE 16-HOUSE BILL 26-1425 (3) T HE BOARD SHALL CONDUCT DISCIPLINARY PROCEEDINGS IN ACCORDANCE WITH SECTION 12-20-403AND12-20-403 AND ARTICLE 4 OF TITLE24.
THE BOARD MAY EXERCISE ALLPOWERSANDDUTIESCONFERREDBYTHISALL POWERS AND DUTIES CONFERRED BY THIS ARTICLE 247DURING247 DURING THE DISCIPLINARY PROCEEDING.PROCEEDINGS .
7 (4) INVESTIGATIONS,EXAMINATIONSIVESTIGATIONS ,HEARINGS,MEETINGS,EXAMINATIONS ,ORHEARINGS ANY,MEETINGS ,ORANY OTHER PROCEEDINGSOFTHEPROCEEDINGS BOARDCONDUCTEDOF THE BOARD CONDUCTED PURSUANT TO THIS SECTIONSECTIONAREEXEMPTFROMANYLAWREQUIRINGTHATPROCEEDINGSOFTHE AREBOARDBECONDUCTEDPUBLICLYORTHATTHEMINUTESORRECORDSOFTHE EXEMPTBOARD FROMWITH ANYRESPECT LAWTO REQUIRINGACTION THATOF PROCEEDINGSTHE OFBOARD THEBOARDBECONDUCTEDPUBLICLYORTHATTHEMINUTESORRECORDSTAKEN OFTHEBOARDWITHRESPECTTOACTIONOFTHEBOARDTAKENPURSUANTPURSUANT TO THIS SECTION BE OPEN TO PUBLIC INSPECT.INSPECTION.
THIS SUBSECTION(4) DOES NOT APPLY TO INVESTIGATIONSINVESTIGATIONS,EXAMINATIONS ,,HEARINGS EXAMINATIONS,,MEETINGS HEARINGS , MEETINGS ,OR ANY OTHER PROCEEDINGS OR RECORDS OF THE BOARD RELATEDTOTHEUNLICENSEDPRACTICEOFAPPLIEDBEHAVIORANALYSISRELATED TO THE UNLICENSED PRACTICE OF APPLIED BEHAVIOR ANALYSIS .
(5) THET HE BOARD MAY SEEK AN INJUNCTION IN ACCORDANCE WITH SECTION 12-20-406 TO ENJOIN A PERSON FROM COMMITTING AN ACT PROHIBITED BY THIS ARTICL247.ARTICLE247.
(6) AFINALACTIONOFTHEBOARDISSUBJECTTOJUDICIALREVIEWA FINAL ACTION OF THE BOARD IS SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION 12-20-408.
(7) THE BOARD MAY ISSUE A CEASE-AND-DESISTCEASE-AND -DESIST ORDER UNDER THE CIRCUMSTANCESCIRCUMSTANCESANDINACCORDANCEWITHTHE ANDPROCEDURESSPECIFIEDIN INSECTION ACCORDANCE12-20-405. WITH THE PROCEDURES SPECIFIED IN SECTI12-20-405.
(8) TTHE HEBOARDMAYSENDA BOARDLETTER MAYOFADMONITION SENDTOALICENSEE AUNDER LETTERTHE OFCIRCUMSTANCES ADMONITIONSPECIFIED TOIN AAND LICENSEEUNDERTHECIRCUMSTANCESSPECIFIEDINANDINACCORDANCEIN ACCORDANCE WITH SECTION12-20-404SECTION 12-20-404 (4).
-21- 1425 (9) THE BOARDBOARDMAYSEND MAY SEND A CONFIDENTIALCONFIDENTIALLETTER LETTEROFCONCERN OF CONCERN TO A LICENSEE UNDER THE CIRCUMSTANCES SPECIFIED IN SECTION 12-20-404(5).12-20-404 (5).
(10) IN ADDITION TO DISCIPLINARY ACTIONS AUTHORIZED BY SECTION 12-20-404THE12-20-404,THE BOARD MAY IMPOSE PROBATIONARY STATUS ON ALICENSEE.IFTHEBOARDPLACESALICENSEEONPROBATIONA ,THEBOARDLICENSEE. MAY INCLUDE CONDITIONS FOR CONTINUED PRACTICE THAT THE BOARD DEEMS APPROPRIATE TO ASSURE THAT THE LICENSEE IS PHYSICALLY , MENTALLY , AND OTHERWISE QUALIFIED TO PRACTICE IN ACCORDANCE WITH GENERALLY ACCEPTED PROFESSIONAL STANDARDS OF PRACTICE , INCLUDING ANY OF THE FOLLOWING:
(a)F OTHE RDERBOARD PLACES A LICENSEE TOON SUBMITPROBATION TO,THE ANBOARD EXAMINATIONMAY INCLUDE CONDITIONS FOR CONTINUED PRACTICE THAT THE BOARD DEEMS APPROPRIATE TO DETERMINEASSURE THAT THE LICENSEE SIS PHYSICALPHYSICALLY OR, MENTALMENTALLY CONDITION,ANDOTHERWISEQUALIFIEDTOPRACTICEINACCORDANCEWITH ORPAGE PROFESSIONAL17-HOUSE QUALIFICATIONS;BILL 26-1425 GENERALLYACCEPTEDPROFESSIONALSTANDARDSOFPRACTICE ,INCLUDING ANY OF THE FOLLOWING :
(b)(a) PARTICIPATIONO INRDER THERAPYA ORLICENSEE COURSESTO OFSUBMIT TRAINING OR EDUCATION THE BOARD DETERMINES NECESSARY TO CORRECT DEFICIENCIES FOUND EITHER IN A HEARING OR BY AN EXAMINAT;ONEXAMINATION (c) REVIEWORSUPERVISIONOFTHELICENSEE SPRACTICEASMAY BE NECESSARY TO DETERMINE THE QUALITY OF ,AND CORRECT ANY DEFICIENCIES ITHAT PRACTICE;AND (d) THE IMPOSITION OF RESTRICTIONS UPON THE NATURE OF THE LICENSEESPRACTICETOASSURETHATTHELICENSEEDOESNOTPRACTICE BEYOND THE LIMITS OF THE LICENS'S CAPABILITI.S (11) A NY LICENSEE AGAINSTS WHOMPHYSICAL A MALPRACTICE CLAIM IS SETTLED OR AMENTAL JUDGMENTCONDITION IS RENDERED IN A COURT OF COMPETENT JURISDICTION SHALL NOTIFY THE BOARD OF THE SETTLEMENT OR JUDGMENTPROFESSIONAL WITHINQUALIFICATIONS SIXTY; DAYS AFTER THE DISPOSITI.N -22- 1425 (12) ANY LICENSEE WHO HAS DIRECT KNOWLEDGE THAT A LICENSEE HAS VIOLATED THIS ARTICL247 HAS A DUTY TO REPORT THE VIOLATION TO THE BOARD UNLESS REPORTING THE VIOLATION WOULD VIOLATE THE PROHIBITION AGAINST DISCLOSURE OF CONFIDENTIAL INFORMATION WITHOUT CLIENT CONSENT.
(b) PARTICIPATION IN THERAPY OR COURSES OF TRAINING OR EDUCATIONTHEBOARDDETERMINESNECESSARYTOCORRECTDEFICIENCIES FOUND EITHER IN A HEARING OR BY AN EXAMINATION;
(c) REVIEWORSUPERVISIONOFTHELICENSEE SPRACTICEASMAYBE NECESSARY TO DETERMINE THE QUALITY OF , AND CORRECT ANY DEFICIENCIES INTHAT PRACTICE;AND (d) THE IMPOSITION OF RESTRICTIONS UPON THE NATURE OF THE LICENSEE'S PRACTICE TO ASSURE THAT THE LICENSEE DOES NOT PRACTICE BEYOND THE LIMITS OF THE LICENSEES CAPABILITIE.
(11) A NY LICENSEE AGAINST WHOM A MALPRACTICE CLAIM IS SETTLED OR A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTIONSHALLNOTIFYTHEBOARDOFTHESETTLEMENTORJUDGMENT WITHIN SIXTY DAYS AFTER THE DISPOSITION (12) ANYLICENSEEWHOHASDIRECTKNOWLEDGETHATALICENSEE HASVIOLATEDTHISARTICLE 247HASADUTYTOREPORTTHEVIOLATIONTO THE BOARD UNLESS REPORTING THE VIOLATION WOULD VIOLATE THE PROHIBITION AGAINST DISCLOSURE OF CONFIDENTIAL INFORMATION WITHOUT CLIENT CONSENT .
A N INDIVIDUAL WHO PRACTICES OR OFFERS OR ATTEMPTS TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHOUT AN ACTIVE LICENSE AS REQUIRED BY AND ISSUED UNDER THIS ARTICLE 247 IS SUBJECT TO PENALTIES PURSUANT TO SECTION12-20-407SECTION 12-20-407 (1)(b).
THE BOARD MAY ADOPT RULES TO IMPLEMENT THIS ARTICLE247ARTICLE 247 PAGE 18-HOUSE BILL 26-1425 PURSUANT TO SECTION 12-20-204.
(1) IIF THE BOARD HAS REASONABLE CAUSE TO BELIEVE THAT A LICENSEE IS UNABLE TO PRACTICE WITH REASONABLE SKILL AND SAF,TYSAFETY , THE BOARD MAY ORDER THE LICENSEE TO TAKE A MENTAL OR PHYSICAL EXAMINATION ADMINISTERED BY A PHYSICIAN OR OTHER LICENSED HEALTH CAREPROFESSIONALDESIGNATEDBYTHEBOARD-CARE .EXCEPTWHEREPROFESSIONAL DUEDESIGNATED TOBY CIRCUMSTANCES BEYOND THE LICENSEEBOARD S.EXCEPT CONTROLWHERE ,IFDUETOCIRCUMSTANCESBEYONDTHELICENSEE THESCONTROL LICENSEE,IFTHELICENSEE FAILSFAILSORREFUSESTOUNDERGOAMENTALORPHYSICALEXAMINATION OR,THE REFUSESBOARD TOSHALL UNDERGOPROCEED AWITH MENTALAN ORORDER PHYSICALFOR EXAMINATION ,AND THE BOARD SHALL PROCEEDMAKE WITHA ANDETERMINATION ORDERIN FORA EXAMINATIONANDSHALLMAKEADETERMINATIONINATIMELYMANNERTIMELY MANNER .
(2) I AN ORDER REQUIRING A LICENSEE TO UNDERGO A MENTALMENTALOR OR PHYSICAL EXAMINATION,THEEXAMINATION ,THE BOARD SHALL STATE THE BASIS OF THE BOARD SSREASONABLECAUSETOBELIEVETHATTHELICENSEEISUNABLETO REASONABLEPRACTICE CAUSEWITH TOREASONABLE BELIEVESKILL THATAND THESAFETY LICENSEE IS UNABLE TOPRACTICEWITHREASONABLESKILLANDSAFETY .FORTHEPURPOSEOF -23- 1425 ADISCIPLINARYPROCEEDINGAUTHORIZEDUNDERTHISARTICLE 247,THE LICENSEE IS DEEMED TO HAVE WAIVED ALL OBJECTIONS TO THE ADMISSIBILITY OF THE EXAMINING PHYSICIAN S OR LICENSED HEALTH -CAREPROFESSIONAL'STESTIMONYOREXAMINATIONREPORTSON THE GROUNDS THAT THEY ARE PRIVILEGED COMMUNICATION .
(3)OR THE LICENSEEPURPOSE MAYOF SUBMITA TODISCIPLINARY THEPROCEEDING BOARDAUTHORIZED TESTIMONYUNDER ORTHIS EXAMINATIONARTICLE REPORTS247, FROMTHE ALICENSEE PHYSICIANIS ORDEEMED OTHERTO LICENSEDHAVE HEALTHWAIVED -CAREALL PROFESSIONALCHOSENBYTHELICENSEEOBJECTIONS ANDPERTAINING TO ANYTHE CONDITIONADMISSIBILITYOFTHEEXAMININGPHYSICIAN THATSORLICENSEDHEALTH THE-CARE BOARDPROFESSIONAL HASS ALLEGEDTESTIMONY MAYOR PRECLUDEEXAMINATION THEREPORTS LICENSEEON FROMTHE PRACTICINGGROUNDS WITHTHAT REASONABLETHEY SKILLARE ANDPRIVILEGED SAFET.COMMUNICATION .
HE(3) BOARDMAYCONSIDERTHETESTIMONYANDREPORTSSUBMITTEDBYTHET HE LICENSEE INMAY CONJUNCTIONSUBMIT WITH,BUTTO NOTTHE INBOARD LIEUTESTIMONY ,TESTIMONYOR AND EXAMINATION REPORTS OFFROM THEA PHYSICIAN OR OTHER LICENSED HEALTH -CARE-CAREPROFESSIONALCHOSENBYTHELICENSEEANDPERTAININGTO PROFESSIONALANY DESIGNATEDCONDITION BYTHAT THE BOAR.BOARD HAS ALLEGED MAY PRECLUDE THE LICENSEE FROM PRACTICING WITH REASONABLE SKILL AND SAFETY .
(4)THE TBOARD HEMAY RESULTSCONSIDER OFTHE ATESTIMONY MENTALAND ORREPORTS PHYSICALSUBMITTED EXAMINATION ORDERED BY THE BOARDLICENSEE SHALLIN NOTCONJUNCTION BEWITH USED,BUT ASNOT EVIDENCE IN ANYLIEU PROCEEDINGOF, OTHERTESTIMONY THANAND ONEEXAMINATION BEFOREREPORTS OF THE BOARDPHYSICIAN ANDOR SHALLOTHER NOTLICENSED BEHEALTH DEEMED-CARE APROFESSIONAL PUBLICDESIGNATED RECORDBY OR MADE AVAILABLE TO THE PUBLI.BOARD .
(4) THERESULTSOFAMENTALORPHYSICALEXAMINATIONORDERED BYTHEBOARDSHALLNOTBEUSEDASEVIDENCEINANYPROCEEDINGOTHER THANONEBEFORETHEBOARDANDSHALLNOTBEDEEMEDAPUBLICRECORD OR MADE AVAILABLE TO THE PUBLIC.
PAGE 19-HOUSE BILL 26-1425 SECTION 12-30-108CONCERNINGCONFIDENTIALAGREEMENTSTO12-30-108 CONCERNING CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE APPLIES TO THIS ARTI247.ARTICLE7.
(1) ANINDIVIDUALLICENSEDUNDERTHISARTICLEAN 247SHALLNOT PRACTICE APPLIED BEHAVIOR ANALYSIS UNLESS THE INDIVIDUAL ISLICENSED COVEREDUNDER BYTHIS PROFESSIONALARTICLE247 LIABILITYSHALL INSURANCENOT INPRACTICEAPPLIEDBEHAVIORANALYSISUNLESSTHEINDIVIDUALISCOVERED ANBYPROFESSIONALLIABILITYINSURANCEINANAMOUNTDETERMINEDBYTHE AMOUNTBOARDBYRULE DETERMINEDBYTHEBOARDBYRULETHATCOVERSALLACTSWITHINTHETHAT SCOPECOVERSALLACTSWITHINTHE OFSCOPEOFPRACTICE PRACTICE OF THE LICENSED BEHAVIOR ANALYST OR LICENSED -24- 1425 ASSISTANT BEHAVIOR ANALYST.ANALYST .
(2) THIST HIS SECTION DOES NOT APPLY TO A LICENSED BEHAVIOR ANALYST OR LICENSED ASSISTANT BEHAVIOR ANALYST WHO IS A PUBLIC EMPLOYEE ACTING WITHIN THE COURSE AND SCOPE OF THE PUBLIC EMPLOYEE S'S DUTIES AND WHO IS GRANTED IMMUNITY UNDER THE "COLORADO GOVERNMENTALG MMUNITYOVERNMENTAL ACT",ARTICLEIMMUNITY 10OFA CT",ARTICLE10 OF TITLE24.
THIS ARTICLE247ARTICLE 247 IS REPEALE,EFFECTIVEREPEALED, EFFECTIVE SEPTEMBER 1, 2031.
BBEFORE EFORE THE REPEAL,THISREPEAL ARTICLE247,THIS ARTICLE 247 IS SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.
UnauthorizedpracticeofprofessionoroccupationUnauthorized practice of profession or occupation - penalties - exclusions.
(V) PracticesoroffersorattemptstopracticeanyofthefollowingPractices or offers or attempts to practice any of the following professions or occupations without an active license, certification, or registration issued under the part or article of this title 12 governing the particular profession or occupation:
(W) VeterinaryVeterinarymedicine medicine or as a veterinaryveterinarytechnician technician or veterinary professional associate, as regulated under article 315 of this title 12;
or (X)PAGE Facilitating20-HOUSE naturalBILL medicine26-1425 services,(X) asFacilitatingnaturalmedicineservices,asregulatedunderarticle regulated under article 170 of this title 12;
(Y) APPLIEDBEHAVIORANALYSISA ,ASREGULATEDUNDERARTICLEPPLIED 247BEHAVIOR ANALYSIS,AS REGULATED UNDER ARTICLE OF THIS TIT12.TITL12.
-25- 1425 SECTION 4.
In Colorado Revised Statutes, 24-34-104, add (32)(a)(XVI)(32)(a)(XVIII) as follows:
GeneralGeneralassembly assembly review ofofregulatory regulatoryagenciesand agenciesfunctions andfunctionsforrepeal,continuation,orreestablishment-legislativefor repeal, continuation, or reestablishment - legislative declaration - repeal.
(32)(a)(32) Thefollowingagencies,functions,orboth,arescheduled(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2031:
(XVI)(XVIII) T HE REGULATION OF APPLIED BEHAVIOR ANALYSIS ,IN ACCORDANCE WITH ARTICLE 247 OF TITL12.TITLE12.
In Colorado Revised Statutes, add 25.5-4-43625.5-4-437 as follows:
25.5-4-436.25.5-4-437.
Registeredbehaviortechnicians-Registered behavior technicians - reimbursement - definitions.
(1) ASA S USED IN THIS SECTI,UNLESSSECTIO,UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "APPLIEDBEHAVIORANALYSIS "HAS"HASTHEMEANINGSETFORTHIN THESECTION MEANING12-247-103 SET FORTH IN SECTION12-247-103 (1).
(b) "AUTISM SPECTRUM DISORDER":DISORDER ":
(I) HAS THE SAME MEANING AS SET FORTH IN THE MOST RECENT EDITION OF THEDTHE IAGNOSTICDIAGNOSTIC AND STATISTICAL MANUALM ANUAL OF M ENTAL D ISORDERS IN EFFECT AT THE TIME OF THE DIAGN;ANDDIAGNO;IAND (II) ILUDESTHEFOLLOWINGDISORDERSNCLUDES ,ASTHEDISORDERSARETHE FOLLOWING DISORDERS ,AS THE DISORDERS ARE DEFINED IN THE MOST RECENT EDITION OF THE DIAGNOSTICD IAGNOSTIC AND STATISTICALMSTATISTICAL ANUALOFM ANUAL OF M ENTALDENTAL ISORDERSINEFFECTATTHETIMEOFD ISORDERS IN EFFECT AT THE DIAGNOSIS:TIME OF PAGE 21-HOUSE BILL 26-1425 THE DIAGNOSIS :
(A) AUTISMA UTISM SPECTRUM DISORDER ;
(B) AUTISTICA DISORDE;UTISTIC DISORDER;
-26- 1425 (C) A SPERGER'SSPERGER DISORDER;ANDS DISORDER ;AND (D) ATYPICALA TYPICAL AUTISM AS A DIAGNOSIS WITHIN PERVASIVE DEVELOPMENTAL DISORDER NOT OTHERWISE SPECIFIED .
(c) "BOARDCERTIFIEDASSISTANTBEHAVIORANALYST"BOARD "MEANSANCERTIFIED ASSISTANT BEHAVIOR ANALYST " MEANS AN INDIVIDUAL WHO IS DESIGNATED AS A BOARD"BOARD CERTIFIED ASSISTANT BEHAVIOR ANALYST " BY A CERTIFYING ENTITY AND WHO IS LICENSED PURSUANT TO SECTION 12-247-108 WHEN REQUIRED BY SECTION 12-247-106.
(d) "BOARD"BOARDCERTIFIEDBEHAVIORANALYST CERTIFIED"MEANSANINDIVIDUAL BEHAVIOR ANALYST " MEANS AN INDIVIDUAL WHO IS CERTIFIED AS A "BOARD CERTIFIED BEHAVIOR ANALYST "BYBY A CERTIFYING ENTITY AND WHO IS LICENSED PURSUANT TO SECTION 12-247-107 WHEN REQUIRED BY SECTION 12-247-106.
(e) "BOARDCERTIFIEDBEHAVIORANALYST"BOARD DOCTORAL " MEANSAN INDIVIDUAL WHO IS CERTIFIED ASBEHAVIOR AANALYST "BOARD-DOCTORAL CERTIFIED"MEANS BEHAVIORAN ANALYSTINDIVIDUALWHOISCERTIFIEDASA "BOARDCERTIFIEDBEHAVIORANALYST " BY A CERTIFYING ENTIT,HASENTITY ,HAS RECEIVED A"BOARDA "BOARD CERTIFIED BEHAVIOR ANALYST -DOCTORAL ""DESIGNATION DESIGNATION FROM A CERTIFYING ENTITY ,AND IS LICENSED PURSUANT TO SECTION 12-247-107 WHEN REQUIRED BY SECTION 12-247-106.
(f) "CERTIFYING ENTITY"HASENTITY " HAS THE MEANING SET FORTH SECTION 12-247-103 (4).
(g) "R EGISTERED BEHAVIOR TECHNICIAN " MEANS A BEHAVIOR TECHNICIAN ASDEFINEDINSECTION,AS 12-247-103(2),WHOISCERTIFIEDBYDEFINED IN SECTION12-247-103(2),WHO IS CERTIFIED BY A CERTIFYING ENTITY AND WHO DELIVERS APPLIED BEHAVIOR ANALYSIS SERVICES IN COMPLIANCE WITH ARTICLE 247 OF TITLE12TITLE 12 UNDER THE SUPERVISION OF:
(I) A LICENSED PSYCHOLOGIST;PSYCHOLOGIST ;
PAGE 22-HOUSE BILL 26-1425 (II) ABOARDA BOARD CERTIFIED BEHAVIOR ANALYST ;
-27- 1425 (III) BOARDABOARD CERTIFIED BEHAVIOR ANALYST-DOCTORALANALYST -DOCTORAL ;OR (IV) A BOARD CERTIFIED ASSISTANT BEHAVIOR ANALYS.ANALYST .
(2) THET HE STATE DEPARTMENT SHALL REIMBURSE THE APPLICABLE APPLIEDBEHAVIORANALYSISPROVIDERFORAPPLIEDBEHAVIORANALYSISAPPLIED SERVICESBEHAVIOR PROVIDEDANALYSIS BYPROVIDER AFOR REGISTEREDAPPLIED BEHAVIOR TECHNICIANANALYSIS TOSERVICESPROVIDEDBYAREGISTEREDBEHAVIORTECHNICIANTOAMEMBER A MEMBER WITH AUTISM SPECTRUM DISORDER OR OTHER CONDITIONS FOR WHICH COVERAGE MAY BE AVAILABLE UNDER STATE DEPARTMENT POLICIE.POLICIES .
(3) (a)UBJECT(a) TOFEDERALAPPROVALSUBJECT TO FEDERAL APPROVAL ,THE STATE DEPARTMENT SHALLSHALLREIMBURSETHEAPPLICABLEAPPLIEDBEHAVIORANALYSISPROVIDER REIMBURSE THE APPLICABLE APPLIED BEHAVIOR ANALYSIS PROVIDER FOR APPLIED BEHAVIOR ANALYSIS SERVICES PROVIDED BY A BEHAVIOR TECHNICIAN ,WHICH BEHAVIOR TECHNICIAN IS REQUIRED BY THE STATE DEPARTMENT TO BE CERTIFIED BY A CERTIFYING ENTITY BUT WHO IS NOT CERTIFIED AT THE TIME OF SERVICESSERVICES,DURING , DURING ONE TEMPORARY PERIOD OF NOT LESS THAN FORTY -FIVE DAYS WHILE THE BEHAVIOR TECHNICIAN IS PURSUINGPURSUINGTHECERTIFICATIONIFTHEENTITYREQUESTINGREIMBURSEMENT THE CERTIFICATION IF THE ENTITY REQUESTING REIMBURSEMENT PROVIDES THE STATE DEPARTMENT WITH QUARTERLY ROSTERS OF THE ENTITYSENTITY EMPLOYEDSEMPLOYEDBEHAVIORTECHNICIANS BEHAVIOR,INCLUDINGWHETHERORNOT TECHNICIANS,EACHINDIVIDUALHASCOMPLETEDMINIMUMTRAININGREQUIREMENTSAND INCLUDING WHETHER OR NOT EACH INDIVIDUAL HAS COMPLETED MINIMUM TRAINING REQUIREMENTS AND RECEIVED THEIR CERTIFICATION FROM A CERTIFYING ENTI.YENTITY (b). ABEHAVIORTECHNICIANWHOOBTAINSCERTIFICATIONAFTER PROVISIONOFSERVICESPURSUANTTOSUBSECTION (3)(aOFTHISSECTION SHALLMAINTAINTHECERTIFICATIONTOBEELIGIBLEFORREIMBURSEMENT BYTHESTATEDEPARTMENTFORPROVIDINGAPPLIEDBEHAVIORANALYSIS SERVICES.
(c)(b) F A BEHAVIOR TECHNICIAN DOESWHO NOTOBTAINS BECOMECERTIFICATION CERTIFIEDAFTER ATPROVISION -28-OF 1425SERVICES THEENDOFTHEFORTYPURSUANT -FIV-DAYPERIODDESCRIBEDINSUBSECTIONTO (3)(a)SUBSECTION OF(3)(a)OF THIS SECTIO,THESECTION ENTITYSHALLMAINTAIN REQUESTINGTHE REIMBURSEMENTCERTIFICATION SHALLTO STOPBE THEELIGIBLE FOR REIMBURSEMENT REQUESTBY UNTIL THE STATE DEPARTMENT FOR PROVIDING APPLIED BEHAVIOR TECHNICIANANALYSIS BECOMESSERVICES CERTIFIED..
(d)(c) BEFOREPROVIDINGAPPLIEDBEHAVIORANALYSISSERVICESTOIABEHAVIORTECHNICIANDOESNOTBECOMECERTIFIEDATTHE ANEND INDIVIDUALOF ANDTHE SEEKINGFORTY REIMBURSEMENT-FIVEDAY PURSUANTPERIOD TODESCRIBED SUBSECTIONSIN (2)ANDSUBSECTION (3)(3)(aOF OF THIS SECTIO,SECTION,THE AENTITY BEHAVIORREQUESTING TECHNICIANREIMBURSEMENT SHALL SATISFYSTOP THE FOLLOWINGREIMBURSEMENT CONDITIONS:REQUEST UNTIL THE BEHAVIOR TECHNICIAN BECOMES CERTIFIED.
(I)(d) OBTAINB AEFORE NAME-BASEDPROVIDING JUDICIALAPPLIED RECORDBEHAVIOR CHECK,ASANALYSIS DEFINEDSERVICES INTO SECTION22-2-119.3ANINDIVIDUALANDSEEKINGREIMBURSEMENTPURSUANTTOSUBSECTIONS (6)(d);(2)AND (3) OF THIS SECTIO,A BEHAVIOR TECHNICIAN SHALL SATISFY THE PAGE 23-HOUSE BILL 26-1425 FOLLOWING CONDITIONS :
(II)(I) OMPLETEOBTAINANAME ALLTRAINING-BASEDJUDICIALRECORD REQUIREDCHECK FOR,ASDEFINEDIN CERTIFICATIONSECTION BY22-2-119.3 A(6)(d); CERTIFYING ENTITY;AND (III) OMPLETE ABUSE AND NEGLECT REPORTING TRAINING .
(e)(II) THEFORTYCOMPLETE FIVE-DAYPERIODDESCRIBEDINSUBSECTIONALL (3)(a)TRAINING OFTHISSECTIONBEGINSUPONABEHAVIORTECHNICIANREQUIRED SCOMPLETIONOFFOR THECERTIFICATION REQUIREMENTSBY DESCRIBEDA INCERTIFYING SUBSECTIONENTITY (3)(dOF;AND THIS(III) SECTIO.COMPLETE ABUSE AND NEGLECT REPORTING TRAINING .
(f)(e) BEGINNINGT INJANUARYHE 2027,ANDFORTY INJANUARYFIVE-DAY EVERYPERIOD YEARDESCRIBED THEREAFTERIN ,THESUBSECTION STATE(3)(a) DEPARTMENT SHALL INCLUDE , AS PART OF ITSTHIS PRESENTATIONSECTION DURINGBEGINS ITSUPON "SMART A CTBEHAVIOR "TECHNICIAN HEARING'S REQUIREDCOMPLETION BY SECTION 2-7-203, A DETERMINATION OF THE EFFICACYREQUIREMENTS OFDESCRIBED THISIN SUBSECTION (3)(3)(d)OF ANDTHIS RECOMMENDATIONSSECTION. ON THE BEST WAY TO MOVE FORWARD WHILE ENSURING PATIENT SAFETY AND PROVIDER SUSTAINABILITY, INCLUDING DATA ON THE NUMBER OF BEHAVIOR TECHNICIANS OBTAINING CERTIFICATION IN THE PRECEDING SIX MONT.S SECTION 6.
(f) B EGINNING IN JANUARY 2027,AND IN JANUARY EVERY YEAR THEREAFTER ,THE STATE DEPARTMENT SHALL INCLUDE ,AS PART OF ITS PRESENTATIONDURINGITS "SMARTA CT "HEARINGREQUIREDBYSECTION 2-7-203,A DETERMINATION OF THE EFFICACY OF THIS SUBSECTION (3)AND RECOMMENDATIONSONTHEBESTWAYTOMOVEFORWARDWHILEENSURING PATIENT SAFETY AND PROVIDER SUSTAINABILITY ,INCLUDING DATA ON THE NUMBER OF BEHAVIOR TECHNICIANS OBTAINING CERTIFICATION IN THE PRECEDING SIX MONTHS .
SECTION 6.
-29-Theshorttitleof 1425thispart9isthe"FosterCare,KinshipFosterCare, The short title of this part 9 is the "Foster Care, Kinship Foster Care, Residential, Day Treatment, and Child Placement AgencyDAgency AND A PPLIEDBEHAVIORPPLIED ANALYSISB CLINICLicensingEHAVIOR A NALYSIS C LINICLicensing and Certification Act".
(a) The regulation, licensing, and funding of foster care homes, kinshipPAGE foster24-HOUSE careBILL homes,26-1425 residentialkinshipfostercarehomes,residentialanddaytreatmentchildcarefacilities, andAPPLIED day treatment child care facilities,PLIED BEHAVIOR ANALYSIS CLINICS,CLINICS , and child placement agencies contribute to a safe and healthy environment for children and youth;
(1.5) The general assembly intends that those who regulate and fund, and those who are regulated and funded, work together to meet the needs of thechildren,the children, youth, and their families;
kinshipfostercareproviders;PLIEDBEHAVIORANALYSISCLINICSkinship ;childfoster placementagencies;andresidentialanddaytreatmentchildcarefacilities.care providers;APPLIED BEHAVIOR ANALYSIS CLINICS ;
(2) In balancing the needs of children and their families with the needsofchildplacementagencies,APPLIEDBEHAVIORANALYSISCLINICS , and the residential and day treatment child care industry, the general assemblyalsorecognizesthefinancialdemandsthedepartmentofhuman servicesfacesinitsattempttoensurea safe andsanitaryenvironmentfor children of the state of Colorado who are in foster care with child placement agenciesagencies; or in residential and day treatment child care facilities.
Inand anresidential effortand todaytreatment reduce the risk to children placed outside their homes while recognizing the financial constraints placed on the department, it is the intent of the general assembly that the limited -30- 1425 resourcesavailablearefocusedprimarilyonresidentialanddaytreatment child care facilities,IEDfacilities. BEHAVIOR ANALYSIS CLINICS, and agencies that have demonstrated that children in their care may be at higher risk.
SECTION8.(2) In balancing the needs of children and their families with the needs of child placement agencies, APPLIED BEHAVIOR ANALYSIS CLINICS , and the residential and day treatment child care industry, the general assembly also recognizes the financial demands the department of human services faces in its attempt to ensure a safe and sanitary environment for childrenofthestateofColoradowhoareinfostercarewithchildplacement agenciesorinresidentialanddaytreatmentchildcarefacilities.Inaneffort to reduce the risk to children placed outside their homes while recognizing the financial constraints placed on the department, it is the intent of the general assemblythat the limited resources available are focused primarily on residential and day treatment child care facilities,APPLIED BEHAVIOR ANALYSIS CLINICS , and agencies that have demonstrated that children in their care may be at higher risk.
InColoradoRevisedStatutes,26-6-903,amend(2),SECTION (8),8. (11), (17), (19), and (30);
In Colorado Revised Statutes, 26-6-903, amend (2), (8), (11), (17), (19), and (30);
(2) "Application""Application"meansadeclarationofintenttoobtainorcontinue means a declaration of intent to obtain or continue a license or certificate for a residential or day treatment child carefacility,orhildplacementagency,ORAPPLIEDBEHAVIORANALYSIScare CLINIC.facility, or child placement agency, OR APPLIED BEHAVIOR ANALYSIS CLINIC .
(2.3) "A PPLIED BEHAVIOR ANALYSIS ""HAS HAS THE MEANING SET FORTH IN SECTION 12-247-103 (1).
(2.5) "APPLIED"APPLIEDBEHAVIORANALYSISCLINIC "MEANSAFACILITYTHAT PAGE 25-HOUSE BILL 26-1425 PROVIDES APPLIED BEHAVIOR ANALYSIS CLINIC"THERAPY MEANSAND APROVIDES FACILITYAT THATPROVIDESAPPLIEDBEHAVIORANALYSISTHERAPYANDPROVIDESAT LEAST FOUR HOURS OF CARE BUT LESS THAN TWENTY -FOUR HOURS OF CARE EACH BUSINESS DAY TO AT LEAST THREE INDIVIDUALS WHO ARE AT LEAST EIGHTEEN MONTHS OLD BUT LESS THAN TWENTY -ONE YEARS OLD.OLD .
(2.7) (a) "BEHAVIORAL"B EHAVIORAL HEALTH " MEANS A CHILD S MENTAL OR EMOTIONALWELLEMOTIONAL BEINGORACHILDWELL 'SACTIONSTHATAFFECTTHECHILD-BEING 'SOR A CHILD S ACTIONS THAT AFFECT THE CHILD S OVERALL WELLNESS .
(b) "BEHAVIORAL"B EHAVIORAL HEALTH "INCLUDES" INCLUDES :
(I) ITELLECTUALINTELLECTUAL AND DEVELOPMENTAL DISABILITIES ;
(II) AUTISM SPECTRUM DISORDER , AS DEFINED IN SECTION 25.5-4-43625.5-4-437 (1)(b);
(III) AARANGEOFISSUESANDDISORDERSFROMUNHEALTHYSTRESS RANGE OF ISSUES AND DISORDERS FROM UNHEALTHY -31- 1425 STRESS , SUBCLINICAL CONDITIONS ,,AND AND NEURODIVERGENCE TO DIAGNOSABLE AND TREATABLE DISEASES ;AND (IV) SSERVICE ERVICE SYSTEMS THAT ENCOMPASS THE PROMOTION OF EMOTIONAL WELL BEING-BEING AND PREVENTION AND TREATMENT SERVICES ADDRESSING BEHAVIORAL HEALTH .
(8) (a) (I) "Day treatment centerLIT"centerCILITY" means a facility that:
(A) Except as provided in subsection (8)(a)(II) of this section, provides less than twenty-four-hourATtwenty-four-hour careT LEAST FOUR HOURS OFCAREOF CARE BUT LESS THAN TWENTY -FOUR HOURS OF CARE EACH BUSINESS DAY for groups of fiveHREEfiveTHREE or more children who are three years OLDageof agOLD or older but less than twenty-one years of agendage (B); Provides a structured program of various types of psycho-social and behavioral treatment to prevent or reduce the need for placement of the child out of the home or communityESIGNED TO ASSESS,TREAT ORPROMOTETHEBEHAVIORALHEALTHOFANINDIVIDUAL WHO IS AT LEAST THREE YEARS OLD BUT LESS THAN TWENT-ONE YEARS OLD .
(II)and Nothinginthissubsection(8)prohibitsadaytreatmentcenter(B) FACILITYfromallowingapersonProvidesastructuredprogramofvarioustypesofpsycho-social ANINDIVIDUALandbehavioraltreatmenttopreventorreducetheneedforplacementofthe whoreachestwenty-onechild yearsout of ageOLD after the commencementhome ofor ancommunity academicDESIGNED yearTO fromASSESS attending,TREAT an,OR educationalPROMOTE programTHE atBEHAVIORAL theHEALTH dayOF treatmentAN centerTYINDIVIDUAL throughWHO theIS endAT ofLEAST theTHREE semesterYEARS inOLD whichBUT theLESS twenty-firstTHAN birthdayoccursTWENTY or-ONE untilYEARS theOLD personNDIVIDUAL. completes the educational program, whichever comes first.
(b)(II) "DayNothing treatmentin center"this doessubsection not(8) includeprohibits speciala educationday programstreatment operatedcenter byaFACILITY publicfrom orallowing privatea schoolpersonAN systemINDIVIDUAL orwho programsreaches thattwenty-one arePAGE licensed26-HOUSE byBILL the26-1425 departmentyears of earlyage childhoodOLD forafter lessthe thancommencement -32-of 1425an twenty-four-houracademic careyear offrom children,attending suchan aseducational aprogram childat carethe centeAYday "Dtreatment TREATMENTcenterFACILITY FACILITYthroughtheendofthesemesterinwhichthetwenty-firstbirthdayoccursor "untilthepersonINDIVIDUAL DOEScompletestheeducationalprogram,whichever NOTcomes INCLUDEfirst. :
(I)(b) APECIALEDUCATIONPROGRAMORSPECIALIZEDDAYSCHOOL"Day OPERATEDtreatment BYcenter" Adoes PUBLICnot ORinclude PRIVATEspecial SCHOOLeducation SYSTEMprogramsoperatedbyapublicorprivateschoolsystemorprogramsthatare ;licensedbythedepartmentofearlychildhoodforlessthantwenty-four-hour care of children, such as a child care centeAY TREATMENT FACILITY " DOES NOT INCLUDE :
(II)(I) AROGRAMTHATISLICENSEDBYTHEDEPARTMENTOFEARLYA CHILDHOODSPECIAL EDUCATION PROGRAM OR THESPECIALIZED DEPARTMENTDAY OFSCHOOL EDUCATIONOPERATED PROVIDINGBY LESSA THANPUBLIC TWENTYOR -FOUR-HOURCAREOFCHILDRENPRIVATE SUCHASACHILDCARECENTERSCHOOL SYSTEM ;
(II) A PROGRAM THAT IS LICENSED BY THE DEPARTMENT OF EARLY CHILDHOOD OR THE DEPARTMENT OF EDUCATION PROVIDING LESS THAN TWENTY -FOUR-HOURCAREOFCHILDREN ,SUCHASACHILDCARECENTER OR (III) (A) ONO N OR BEFORE JULY 1, 2028, A LICENSED APPLIED BEHAVIOR ANALYSIS CLINIC ,IF, IF THE DEPARTMENT HAS PRESCRIBED AND PUBLISHEDPUBLISHEDSTANDARDSFORLICENSINGANDREGULATINGAPPLIEDBEHAVIOR STANDARDS FOR LICENSING AND REGULATING APPLIED BEHAVIOR ANALYSIS CLINICS PURSUANT TO SECTION 26-6-909.5.
(B) THIST SUBSECTION(8)(b)(IIIISHIS REPEALE,EFFECTIVESUBSECTION (8)(b)(IIIIS REPEALED, EFFECTIVE JULY 1, 2029.
(11) "Governing body" means the individual, partnership, corporation, or association in which the ultimate authority and legal responsibilityresponsibilityisvested is vested for thetheadministrationandoperationof administrationaresidential andordaytreatmentchildcarefacility,ANAPPLIEDBEHAVIORANALYSISCLINIC operation, of a residential or day treatment child care facility,LIED BEHAVIOR ANALYSIS CLINIC, or a child placement agency.
(17) "License"meansalegaldocumentissuedpursuanttothispart"License" 9means a legal document issued pursuant to this part granting permission to operate a residential or daytreatmentday treatment child care facility,PPLIEDBEHAVIORANALYSISCLINIC ,orchildplacementagency.,orchildplacementagency.A license may be in the form of a provisional, probationary, permanent, or time-limited license.
A(17.5) license"L mayICENSED beBEHAVIOR inANALYST the" formHAS ofTHE aMEANING provisional,SET probationary,PAGE permanent,27-HOUSE orBILL time-limited26-1425 license.FORTH IN SECTION 12-247-103 (6).
(17.5)(19) "LICENSED"Licensing"means,exceptasotherwiseprovidedinsubsection BEHAVIOR(10)ofthissection,theprocessbywhichthedepartmentapprovesafacility ANALYSTor "HASagency THEfor MEANINGthe SETpurpose FORTHof INconducting SECTIONbusiness 12-247-103as (6).a residential or day treatment child care facility, or child placement agency, OR APPLIED BEHAVIOR ANALYSIS CLINIC .
(19)(30) "Licensing""Residential means,or exceptday astreatment otherwisechild providedcare infacility" -33-or 1425"facility" subsectionmeans (10)a ofresidential thischild section,care thefacility, processincluding bya whichqualified theresidential departmenttreatment approvesprogram, apsychiatric facilityorresidential agencyfortreatment theprogram, purposeshelter ofcare conductingprogram,andhomelessyouthprogram;specializedgroupfacility,including business as a residentialordaytreatmentchildcarefacility,orildplacementagency,group ORhome APPLIEDand BEHAVIORgroup ANALYSIScenter; CLINIC .
(30)day "Residentialordaytreatmentchildcarefacility"or"facility"treatment meanscenter aFACILITY residential; child care facility, including a qualified residential treatmentprogram,psychiatricresidentialtreatmentprogram,sheltercare program, and homeless youth program;
specializedsecure groupresidential facility,treatment includingagrouphomeandgroupcenter;daytreatmentcentercenter; FACILITY;
secureresidentialrespite treatmentchild care center;
respiteor childhomeless carecenter;orhomeless youth shelter, including a host family home.
SECTIONSECTION9. 9.
InInColoradoRevisedStatutes,26-6-904,amend(1)(c) Colorado Revised Statutes, 26-6-904, amend (1)(c) and (1)(d);
OR (e) T HE PRACTICE OF APPLIED BEHAVIOR ANALYSIS IN HOMES , SCHOOLS ,COMMUNITY SETTINGS ,OR OTHER NONCLINICAL SETTINGS .
In Colorado Revised Statutes, 26-6-905, amend (1)(a),(1)(a),(4),(8)(a)(I)introductoryportion,and(10);andadd(1.5)asfollows: (4), (8)(a)(I) introductory portion, and and add (1.5) as follows:
Licenses - out-of-state notices and consent - demonstration pilot program - report - rules -finition- definition - repeal.
(1) (a) Except as otherwise provided in subsection (1)(b) of this section or elsewhere in thispart9,apersonshallnotoperatethis part 9, a person shall not operate a residential or daydaytreatment treatment child care facility, orild placement agency, OR -34- 1425 APPLIED BEHAVIOR ANALYSIS CLINIwithoutCLINIC without first being licensed by the state PAGE 28-HOUSE BILL 26-1425 department to operate or maintain the facilityorfacility agencyandor agency and paying the prescribed fee.
Except as otherwise provided in subsection (1)(c) of thissection,alicensethatthestatedepartmentissuesispermanentunlessthis section, a license that the state department issues is permanent unless otherwise revoked or suspended pursuant to section 26-6-914.
(1.5) (a)FACILITYTHAT(a) ISNOTAFACILITY ADAYTREATMENTTHAT FACILITYIS ,ASNOT THATA TERMDAY ISTREATMENT DEFINEDFACILITY ON,AS THATTERMISDEFINEDON M AY 1,1,2026, 2026,BUTBUTISADAYTREATMENTFACILITY IS, AAS DAY TREATMENT FACILITY,AS THAT TERM IS DEFINED ON THE EFFECTIVE DATE OF THIS SUBSECTION (1.5SHALLSUBMITANAPPLICATIONONORBEFORE(1.5),SHALL SUBMIT AN APPLICATION ON OR BEFORE A UGUST 1, 2026.
(b) AFACILITYTHATISNOTADAYTREATMENTFACILITYA ,ASTHATFACILITY TERMISDEFINEDONTHAT IS NOT A DAY TREATMENT FACILITY ,AS THAT TERM IS DEFINED ON M AY 1,2026BUTISADAYTREATMENTFACILITY1, 2026,BUT IS A DAY TREATMENT FACILITY ,AS THATTERMISDEFINEDONTHEEFFECTIVEDATEOFTHISSUBSECTIONTHAT TERM IS DEFINED ON THE EFFECTIVE DATE OF THIS SUBSECTION (1.5), SHALL NOT OPERATE WITHOUT A LICENSE ISSUED BY THE STATE DEPARTMENT PURSUANT TO THIS PART 9ON9 ON OR AFTERAAFTER UGUSTAUGUST 1, 2027.
(c) THISTISSUBSECTION SUBSECTION(1.5)IS(1.5)ISREPEALED REPEALE,,EFFECTIVE EFFECTIVEAUGUSTAUGUST 1,1,2028. 2028.
(4) ThedepartmentshallnotissuealicenseforaresidentialordayThe treatmentdepartment childshall carenot facilityissue APPLIEDa BEHAVIORlicense ANALYSISfor CLINICa residential or day treatmentchildcarefacilityRANAPPLIEDBEHAVIORANALYSISCLINIC until the facilities that the applicant or licensee will operate or maintain are approved by the department of public health and environment as conformingconformingtothesanitarystandardsprescribedbythedepartmentpursuant to thesection sanitary25-1.5-101 standards(1)(h) prescribedand byunless the departmentfacilities pursuantconform to section 25-1.5-101 (1)(h) andunlessthe facilities conformto fire prevention and protection requirements of local fire departments in the locality of the facility or, in lieu thereof, of the division of labor standards and statistics.
(8)(a)(I)(8) Thestate(a) (I) The state department shall not issuealicensetooperateissue -35-a 1425license to operate a residential or day treatment child care facility, ororchild a child placement agency,ORagency, OR AN APPLIED BEHAVIOR ANALYSIS CLINIC , and any license or certificate issued prior to August 7, 2006, is revoked or suspended if the applicantapplicantforthelicenseorcertificate,anaffiliateof for the licenseapplicant,aperson orANINDIVIDUAL certificate,employedbytheapplicant,oraperson anANINDIVIDUAL affiliate of the applicant, a person AN INDIVIDUAL employed by the applicant, or a person AN INDIVIDUAL who resides with the applicant at the facility has been convicted of:
(10) The state department shall not issue a license to operate a residential or daytreatmentday treatment child care facility, foster care home, or placement agency,ORagency, OR APPLIED BEHAVIOR ANALYSIS CLINIC if the person applying for the license or an affiliate of the applicant, a personpersonAN PAGE 29-HOUSE BILL 26-1425 INDIVIDUAL employed by the applicant, or a persANperson AN INDIVIDUAL who residesresideswiththeapplicantatthefacilityhasbeendeterminedtobeinsaneor withmentallyincompetent thebya applicantcourt atof thecompetent facilityhasjurisdiction beenand, determinedtobeinsaneif orthe mentallycourt incompetententers, bypursuant ato courtpart of3 competentor jurisdictionpart4 and,of ifarticle the14 courtenters,pursuanttopart3orpartof 4oftitle article14of15, title15,orsectionor section 27-65-110 (4) or 27-65-127, an order specificallyfindingspecifically finding that the mental incompetencyincompetencyor orinsanityis insanity is of such a degree that the applicant is incapable of operating a residential or day treatment child care facility, fostercarehome,APPLIEDBEHAVIORANALYSISCLINICfoster ,orchildplacementcare agency,home, theAPPLIEDBEHAVIORANALYSISCLINIC ,orchildplacementagency,the record of such determination and entry of such order being conclusive evidence thereof.
SECTIONSECTION11. 11.
InInColoradoRevisedStatutes,26-6-906,amend(1) Colorado Revised Statutes, 26-6-906, amend (1) and (2) introductory portion as follows:
ComplianceCompliancewithlocalgovernmentzoningregulations with local government zoning regulations - notice to local governments - provisional licensure.
(1) TheThedepartmentshallrequirearesidentialordaytreatmentchild department shall require a residential or day treatment child care facilityANfacilityR AN APPLIED BEHAVIOR ANALYSIS CLINIC seeking a -36- 1425 license pursuantpursuanttosection26-6-905tocomplywithanyapplicablezoningandland tousedevelopmentregulationsofthemunicipality,cityandcounty,orcounty section 26-6-905 to comply with any applicable zoningandlandusedevelopmentregulationsofthemunicipality,cityand county, or county where the facilityfacilityis is situated.
Failure to complycomplywith with applicable zoning and land use regulations constitutes grounds for the denial of a license to a facility.
(2) The department shall ensure that timely written notice is providedprovidedtothemunicipality, tocityand the municipality, city and county, ororcountywherearesidential county where a residential or day treatment child care facilityAPPLIEDfacilityR AN APPLIED BEHAVIOR ANALYSIS CLINIC is situated, including the address of the faciORtyfacilOR CLINIC and the population and number of persons INDIVIDUALS to be served bybythe the facility OR CLINIC, when any of the following occurs:
FeesFees- -whenoriginalapplications,reapplications,and whenrenewalsforlicensurearerequired-creationofchildwelfarelicensing original applications, reapplications, and renewals for licensure are required - creation of child welfare licensing cash fund.
(1)(a)PAGE Thestatedepartmentisauthorizedtoestablish,pursuantto30-HOUSE rulesBILL promulgatedADOPTED26-1425 bythe(1) (a) The state board,department permanent,is time-limited,authorized andto provisionalestablish, licensepursuant feesto andrules feespromulgated forADOPTED continuationby orthe renewal,state whicheverboard, permanent, time-limited, andprovisionallicensefeesandfeesforcontinuationorrenewal,whichever is applicable, of a license for the following types of child care arrangements:
(V) Day treatment centersFACILITIES;centers FACILITIES ;
and (VII) Respite child care centers;DcentersAND (VIII) A PPLIED BEHAVIOR ANALYSIS CLINICS .
-37- 1425 (A) When an individual, partnership, corporation, or association plansplanstoopenafostercarehome,ora toresidentialordaytreatmentchildcare openfacility,orhildplacementagency, aORAPPLIEDBEHAVIORANALYSISCLINIC foster; care home, or aidential or day treatment child carefacility,orhildplacementagency, ORAPPLIEDBEHAVIORANALYSIS CLINIC;
(1) (a) (I) All applications for the licensure of a child placement agency,oraresidentialordaytreatmentchildcarefacilityORANAPPLIEDagency, or a residential or day treatment child care faciOR AN APPLIED BEHAVIOR ANALYSIS CLINIC or the certification of a foster care homehomeAor or A kinship foster care home pursuant to this part 9 must include the notice to the applicant set forth in subsection (1)(b) of this section.
(2) AAperson person A NNINDIVIDUAL INDIVIDUALapplyingforthelicensureof applyingafacility, foror theagency, licensure of a facility, orgency, OR APPLIED BEHAVIOR ANALYSIS CLINIC or the certification of a foster care home or kinship foster care home pursuant tothispart9,orapersonto ANINDIVIDUALthis applyingpart to9, workor at a facility,person orAN agency,ORINDIVIDUAL CLINICapplying asto anwork employee,at whoa knowinglyfacility, or willfullyagencOR makesCLINIC aasanemployee,whoknowinglyorwillfullymakesa false statement of any material fact or thing in the application commits perjury in the second degree as defined in section 18-8-503 and, upon conviction, shall be punished accordingly.
SECTIONPAGE 14.31-HOUSE BILL 26-1425 SECTION14.
InInColoradoRevisedStatutes,26-6-909, Coloradoamend(1) Revised Statutes, 26-6-909, amend (1) and (4) as follows:
Standards for facilities and agencies - appeals review panel -rules- rules - repeal.
(1)(a)(1) (a) The department shall prescribe and publish standards for licensing.licensing.Thestandardsmustbeapplicabletochildplacementagenciesand the various types of residential and day treatment child care facilities regulated and licensed by this part 9;
Theexcept standardsthat mustthe bedepartment applicableshall toprescribeandpublishseparatestandardsforthelicensingofchildplacement childagencies operating for the purpose of adoptive placement and adoption-related servicesAND SHALL PRESCRIBE AND PUBLISH SEPARATE STANDARDSFORTHELICENSINGOFAPPLIEDBEHAVIORANALYSISCLINICSAS SETFORTHINSECTION 26-6-909.5.Thedepartmentshallseektheadviceand assistance of persons representative of the various types of facilities and agencies andthevarioustypesofin residentialestablishing anddaytreatmentchildcarefacilitiesthe -38-standards, 1425including regulatedthe advice and licensedassistance byof thisthe partdepartment 9;of public safety and councils and associations representing fire marshals and building code officials in the promulgation ADOPTION of any rules related to adequate fire protection and prevention, as allowed in subsection (2)(e) of this section.
exceptThe that the department shall prescribe and publish separate standards formust thebe licensingestablishedbyrulespromulgated ofADOPTED childbythestateboardandbeissued, placementBE agenciespublished,andbecomeeffectiveonlyinconformitywitharticle4oftitle operating24. for the purpose of adoptive placement and adoption-related servicesD SHALLPRESCRIBE AND PUBLISH SEPARATE STANDARDSFORTHE LICENSINGOFAPPLIEDBEHAVIORANALYSISCLINICS AS SET FORTH IN SECTION 26-6-909.5.
The(b) department(I) shallTHE seekDEPARTMENT theMAY advicePROVIDE andAN assistanceAPPLICANT ofFOR personsLICENSURE representativePURSUANT ofTO theTHIS variousSECTION typesWITH ofDOCUMENTATION facilitiesTHAT andTHE agenciesAPPLICANT inHAS establishingSUBMITTED theAN standards,APPLICATION including. the advice and assistance of the department of public safety and councils and associations representing fire marshals and building code officials in the promulgationADOPTION of any rules related to adequate fire protection and prevention, as allowed in subsection (2)(e) of this section.
The(II) standardsmustbeestablishedbyrulespromulgatedTIS ADOPTEDSUBSECTION bythestate(1)(b)IS boardREPEALED,EFFECTIVE andJULY be1,2028. issued, BE published, and become effective only in conformity with article 4 of title 24.
(b)(4) (I)Anapplicantorperson THEINDIVIDUAL DEPARTMENTlicensed MAYto PROVIDEoperateafacility ANor APPLICANTagency FORunder LICENSUREPURSUANTTOTHISSECTIONWITHDOCUMENTATIONTHATTHEthe APPLICANTprovisions HASofthis SUBMITTEDpart AN9 APPLICATIONhas .the right to appeal any standardthat,intheapplicant'sorperson'sINDIVIDUAL S opinion,createsan unduehardshiporwhen,intheapplicant'sorperson's INDIVIDUAL Sopinion, a standard has been too stringently applied by representatives of the department.Thedepartmentshalldesignateapanelofpersons INDIVIDUALS representingvariousstateandlocalgovernmentalagencieswithaninterest in and concern for children to hear the appeal and to make recommendationstothedepartment.Themembershipoftheappealsreview PAGE 32-HOUSE BILL 26-1425 panel must include, but need not be limited to, a representative from a twenty-four-hour child care facility;
(II)a HISSUBSECTIONrepresentative (1)(b)ISREPEALEDfrom ,EFFECTIVEJULYa 1,2028.licensed child placement agency;
(4) An applicant or person INDIVIDUAL licensed to operate a facilityrepresentative or agency under the provisions ofs part 9 has the right to appeal any standard that, in the applicant's or person'sVIDUAL'S opinion,createsanunduehardshiporwhen,inthe applicant'sorperson's INDIVIDUAL'S opinion, a standard has been too stringently applied by representativesofthedepartment.Thedepartmentshalldesignateapanel ofpersonsINDIVIDUALS representingvariousstateandlocalgovernmental agencies with anchild interestplacement inexperience and concern for children to hear the appeal -39- 1425 andtomakerecommendationstothedepartment.Themembershipofthe appeals review panel must include, but need not be limited to, a representativefromatwenty-four-hourchildcarefacility;arepresentative from a licensedcounty childdepartment; placement agency;
aandA representativeREPRESENTATIVE with child placementexperiencefromacountydepartment;and AREPRESENTATIVE FROM AN APPLIED BEHAVIOR ANALYSISANALYSISCLINIC CLINI;;
a representative fromfromat at least one other state department, or from the division within the department that is responsible for child welfare,welfare,whohaseducationandexpertiseintrauma-informedcareandchild whowelfare;ANDAREPRESENTATIVEFROMATLEASTONEOTHERSTATEAGENCY hasWHO educationHAS andEDUCATION expertiseAND inEXPERIENCE trauma-informedIN careAPPLIED andBEHAVIOR childANALYSIS welfare;TREATMENT ANDTHE MEDICALANDBEHAVIORALCONDITIONSTREATEDBY AN APPLIED BEHAVIOR ANALYSIS CLINIC .
ANDThe Aexecutive REPRESENTATIVEdirector, FROMor ATthe LEASTexecutive ONEdirector's OTHERdesignee, STATEshall AGENCYappoint WHOall HASmembers EDUCATIONANDEXPERIENCEINAPPLIEDBEHAVIORANALYSISTREATMENTto ANDTHEMEDICALANDBEHAVIORALCONDITIONSTREATEDBYANAPPLIEDthe BEHAVIORappeals ANALYSISreviewpanel.Representativestotheappealsreviewpanelservetermsofno CLINIC.more than three years and may serve successive terms.
The executive director, or the executive director'sdesignee,shallappointallmemberstotheappealsreviewpanel.
Representatives to the appeals review panel serve terms of no more than three years and may serve successive terms.
(1) (a)I)(a) ON(I) O OR BEFOREJULYBEFORE JULY 1, 2029THE2029,THE DEPARTMENT SHALL PRESCRIBE AND PUBLISH STANDARDS FOR LICENSING AND REGULATING APPLIEDBEHAVIORANALYSISCLINICSAPPLIED ,WITHAFOCUSONTHEHEALTHANDBEHAVIOR SAFETYANALYSIS OFCLINICS CHILDREN.THE,WITH STANDARDSA MUSTFOCUS BEON ESTABLISHED BY RULES ADOPTED BY THE STATEHEALTH BOARD AND BESAFETY ISSUED , BE PUBLISHED,AND BECOME EFFECTIVE IN CONFORMITY WITH ARTICLE4 OF TITL24.CHILDREN .
(II)HE ANSTANDARDS APPLIEDMUST BEHAVIORBE ANALYSISESTABLISHED CLINICBY ISRULES AADOPTEDBYTHESTATEBOARDANDBEISSUED CLINIC,BEPUBLISHED WHERE,ANDBECOME -40-EFFECTIVE 1425IN INDIVIDUALSRECEIVEAPPLIEDBEHAVIORANALYSISFROMLICENSEDANDCONFORMITY CERTIFIEDWITH PROFESSIONAL.ARTICLE 4 OF TITLE24.
(b)(II) TA HEN DEPARTMENTAPPLIED SHALLBEHAVIOR ,ANALYSIS INCLINIC COLLABORATIONIS WITHA THECLINIC DEPARTMENTWHERE OFINDIVIDUALS EARLYRECEIVE CHILDHOODAPPLIED ,CREATEBEHAVIOR REGULATORYANALYSIS STANDARDSFROM FORAPPLIEDBEHAVIORALANALYSISLICENSED CLINICSAND THATCERTIFIED PROVIDEPROFESSIONALS SERVICESTO CHILDREN WHO ARE THREE YEARS OLD OR YOUNGER .
HE(b) STANDARDSTHE MUSTDEPARTMENT SHALL , IN COLLABORATION WITH THE DEPARTMENTOFEARLYCHILDHOOD ,CREATEREGULATORYSTANDARDSFOR APPLIED BEHAVIORAL ANALYSIS CLINICS THAT PROVIDE SERVICES TO CHILDRENWHOARETHREEYEARSOLDORYOUNGER .THESTANDARDSMUST BE ESTABLISHED BY RULES ADOPTED BY THE STATE BOARD AND BE ISSUED,BEISSUED PUBLISHED,AND, BECOMEBE EFFECTIVEPUBLISHED IN,ANDBECOME CONFORMITYEFFECTIVE INCONFORMITY WITH ARTICLE 4OF TITLE24.TITLE 24.
PAGE 33-HOUSE BILL 26-1425 (2) INI N ESTABLISHING THE STANDARDS FOR APPLIED BEHAVIOR ANALYSIS CLINICS PURSUANT TO THIS SECTI,THESECTION , THE DEPARTMENT SHALL SEEK THE ADVICE AND ASSISTANCE OF PERSONS REPRESENTATIVE OF THE VARIOUSTYPESOFAPPLIEDBEHAVIORANALYSISCLINICSANDPROVIDERSVARIOUS TYPES OF APPLIED BEHAVIOR ANALYSIS CLINICS AND PROVIDERS , INCLUDINGTHEINCLUDING THE ADVICE ANDASSISTANCEAND OFTHEDEPARTMENTOFPUBLICASSISTANCE SAFETYANDCOUNCILSANDASSOCIATIONSREPRESENTINGFIREMARSHALSOF ANDBUILDINGTHE CODEDEPARTMENT OFFICIALSOF INPUBLIC THESAFETY ADOPTIONOFANYRULESRELATEDAND TOCOUNCILS AND ASSOCIATIONS REPRESENTING FIRE MARSHALS ANDBUILDINGCODEOFFICIALSINTHEADOPTIONOFANYRULESRELATEDTO ADEQUATE FIRE PROTECTION AND PREVENTION.PREVENTION .
(3) SANDARDSPRESCRIBEDBYSTANDARDS PRESCRIBED BY STATE BOARDRULESGOVERNINGBOARD RULES GOVERNING APPLIED BEHAVIOR ANALYSIS CLINICS ARE RESTRICTED:TORESTRICTED (a)TO THE: CHARACTER ,SUITABILIT,AND QUALIFICATIONS OF AN APPLICANTFORALICENSEANDOFOTHERPERSONSDIRECTLYRESPONSIBLE FORTHECAREANDWELFAREOFCHILDRENSERVED INCLUDINGWHETHER AN AFFILIATE OF THE APPLICANT HAS BEEN THE SUBJECT OF A NEGATIVE LICENSING ACTION;
(b)(a) THET SAFETY,CLEANLINESS,ANDHE GENERALCHARACTER HABITABILITY, OFSUITABILITY,AND THEPREMISESQUALIFICATIONS INCLUDINGMAINTENANCEOFADEQUATEFIREPROTECTIONOF ANDPREVENTIONANDHEALTHSTANDARDSINCONFORMANCEWITHSTATEAN -41-APPLICANT 1425FOR LAWSA LICENSE AND MUNICIPALOF ORDINANCESOTHER ,TOPERSONS PROVIDEDIRECTLY FORRESPONSIBLE THEFORTHECAREANDWELFAREOFCHILDRENSERVED PHYSICALINCLUDINGWHETHERAN COMFORTAFFILIATE ,CAREOF ,WELLTHE BEINGAPPLICANT ANDHAS SAFETYBEEN THE SUBJECT OF THEA CHILDRENNEGATIVE SERVED;LICENSING ACTION ;
(c)(b) STANDARDSFORRESTRAINTOFACHILDINACCORDANCEWITHTHESAFETY ARTICLECLEANLINESS 20,ANDGENERALHABITABILITYOFTHE PREMISES ,INCLUDING MAINTENANCE OF THISADEQUATE TITLEFIRE 26.PROTECTION AND PREVENTIONANDHEALTHSTANDARDSINCONFORMANCEWITHSTATELAWS AND MUNICIPAL ORDINANCES ,TO PROVIDE FOR THE PHYSICAL COMFORT , CARE ,WELL BEING ,AND SAFETY OF THE CHILDREN SERVED ;
(c) STANDARDS FOR RESTRAINT OF A CHILD IN ACCORDANCE WITH ARTICLE 20 OF THIS TITLE 26.
(I) FILING REPORTS WITH THE DEPARTMENT;DEPARTMENT ;
(II) TETHE BASIS FOR THE USE OF RESTRAINT IN ACCORDANCE WITH SECTION 26-20-103;
(III) APLIEDAPPLIED BEHAVIOR ANALYSIS CLINIC STAF;STAFF;
(V) C ERTIFICATIONERTIFICATIONORAPPROVALFROMTHEDEPARTMENTPRIORTO OR APPROVAL FROM THE DEPARTMENT PRIOR TO THE UTILIZATION OF A RESTRAINT PROTOCO;ANDPROTOCOL ;AND PAGE 34-HOUSE BILL 26-1425 (VI) REVOCATION ORSUSPENSIONOFLICENSUREOR SUSPENSION OF LICENSURE FOR FAILURE TO COMPLY WITH THE STANDARDS SET FORTH IN THIS SUBSECTION(3)(c);
(d) EXCEPT AS PROVIDED IN SUBSECTION(3)(eOFSUBSECTION (3)(e)OF THIS SECTIO, PROVISIONS THAT ENSURE THAT APPLIED BEHAVIOR ANALYSIS CLINICS VERIFY,VERIFY,INACCORDANCEWITHPART IN9OFARTICLE ACCORDANCE4OFTITLE WITH25,THATEACH PART 9 OF ARTICLE4 OF TITLE25,THAT EACH CHILD RECEIVING APPLIED BEHAVIOR ANALYSIS SERVICES HAS RECEIVEDAPPROPRIATEIMMUNIZATIONSAGAINSTCONTAGIOUSDISEASESRECEIVED ASAPPROPRIATEIMMUNIZATIONSAGAINSTCONTAGIOUSDISEASESASFOLLOWS FOLLOWS :
(I) CCHILDREN HILDREN TWENTY -FOUR MONTHS OLD OR YOUNGER ARE REQUIRED TO BE IMMUNIZED IN ACCORDANCE WITH THE "INFANT IMMUNIZATION ACTACT",PART "PART 17 OF ARTICLE4OF TITLE25;ORTITLE25; (II) CHILDREN OVER TWENTY FOUR MONTHS OLD ARE REQUIRED TOBEIMMUNIZEDINACCORDANCEWITHPART 9OFARTICLE 4OFTITLE 25;
(e)OR PROVISIONS(II) THATHILDREN ALLOWOVER ANTWENTY APPLIED-FOUR BEHAVIORMONTHSOLDARE ANALYSISREQUIRED CLINIC TO ALLOWBE AIMMUNIZED CHILDIN TOACCORDANCE ENROLLWITH ANDPART ATTEND9 THE CLINIC WITHOUT -42- 1425 OBTAINING VERIFICATION OF IMMUNIZATIONARTICLE4 FOR THE CHILD ON A SHORT TERM BASIS OF NOTITL25; MORE THAN FIFTEEN DAYS IN A FIFTEEN-CONSECUTIVE-DAY PERIOD AND NO MORE THAN TWICE IN A CALENDAR YEAR , WITH EACH FIFTEEN -CONSECUTIVE-DAY PERIOD SEPARATEDBYATLEASTSIXTYDAYS ASPROVIDEDINSECTION 25-4-902.
A(e) NP ROVISIONS THAT ALLOW AN APPLIED BEHAVIOR ANALYSIS CLINIC THATTO ALLOWSALLOW CHILDRENA CHILD TO ENROLL AND ATTEND THE CLINIC WITHOUT OBTAINING VERIFICATION OF IMMUNIZATION FOR THE CHILD ON A SHORT -TERM BASIS PURSUANTOF TONO THISMORE SUBSECTIONTHAN (3)(eSHALLFIFTEEN PROVIDEDAYS NOTIFICATIONIN TOA ALLFIFTEEN-CONSECUTIVE PARENTSDAY THATPERIOD THECLINICALLOWSCHILDRENTOENROLLANDATTENDONASHORTAND -TERMNO BASISMORE WITHOUTTHAN OBTAININGTWICE PROOFIN OFA IMMUNIZATIO.CALENDAR YEAR , WITH EACH FIFTEEN-CONSECUTIVE -DAY PERIOD SEPARATED BY AT LEAST SIXTY DAYS,AS PROVIDED IN SECTION25-4-902.
(f)A TEN OPERATIONAPPLIED ANDBEHAVIOR CONDUCTANALYSIS OFCLINIC THETHAT ENTITIESALLOWS REQUIREDCHILDREN TO BEENROLL LICENSEDAND UNDERATTEND THISON PAR9A ANDSHORT THE-TERM RESPONSIBILITYBASIS THEPURSUANT ENTITIESTO ASSUMETHIS FORSUBSECTION THE(3)(eSHALLPROVIDENOTIFICATIONTOALLPARENTSTHATTHE TREATMENTCLINICALLOWSCHILDRENTOENROLLANDATTENDONASHORT AND-TERMBASIS CAREWITHOUT OBTAINING PROOF OF CHILDREN;IMMUNIZATION .
(g)(f) THETEOPERATIONANDCONDUCT GENERALOFTHEENTITIESREQUIREDTOBE FINANCIALLICENSED ABILITYUNDER ANDTHIS COMPETENCEPART OF9 ANAND APPLICANTTHE FORRESPONSIBILITY ATHE LICENSEENTITIES TOASSUME PROVIDEFOR NECESSARYTHE TREATMENT FOR CHILDREN AND TOCARE MAINTAINOF PRESCRIBEDCHILDREN STANDARDS;;
(h)(g) TENUMBEROFINDIVIDUALSREQUIREDTOENSUREADEQUATET TREATMENTHE GENERAL FINANCIAL ABILITY AND CARECOMPETENCE OF THEAN APPLICANT FOR A LICENSE TO PROVIDE NECESSARY TREATMENT FOR CHILDREN SERVED;AND TO MAINTAIN PRESCRIBED STANDARDS ;
(i)(h) RECORDTHE KEEPINGNUMBER FOROF FOODINDIVIDUALS ,REQUIRED CLOTHING,TO EQUIPMENT,ENSURE ADEQUATE TREATMENT AND INDIVIDUALCARE SUPPLIE;OF THE CHILDREN SERVED ;
(j)PAGE PROVISIONS35-HOUSE TOBILL SAFEGUARD26-1425 THE(i) LEGALRECORD RIGHTSKEEPING OFFOR THEFOOD CHILDREN, SERVED;CLOTHING , EQUIPMENT , AND INDIVIDUAL SUPPLIES;
(k)(j) RECORDKEEPINGPERTAININGTOTHEADMISSIONSPOVISIONSTOSAFEGUARDTHELEGALRIGHTSOFTHECHILDREN ,PROGRESSSERVED , HEALTH ,AND DISCHARGE OF CHILDREN , INCLUDING PROVISIONS TO ENSURE THE RECORD -KEEPING REQUIREMENTS DO NOT CONFLICT WITH FEDERALCENTERSFORMEDICAREANDMEDICAIDSERVICESREGULATIONS ;
(l)(k) FLINGRECORD OFKEEPING REPORTSPERTAINING WITHTO THE DEPARTMEN;ADMISSIONS ,PROGRESS , HEALTH ,ANDDISCHARGE OFCHILDREN ,INCLUDINGPROVISIONSTOENSURE THE RECORD -KEEPING REQUIREMENTS DO NOT CONFLICT WITH FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES REGULATIONS ;
-43-(l) 1425FILING (m) STANDARDSFORCAREOFCHILDRENWHORECEIVELESSTHAN FOUR HOURS OF CAREREPORTS EACHWITH BUSINESSTHE DAYDEPARTMENT AT; AN APPLIED BEHAVIOR ANALYSIS CLINI;
(n)(m) DISCIPLINES TANDARDS FOR CARE OF CHILDR;ANDCHILDREN (o)WHO STORAGERECEIVE REQUIREMENTSLESS FORTHAN MEDICATION.FOUR HOURS OF CARE EACH BUSINESS DAY AT AN APPLIED BEHAVIOR ANALYSIS CLINIC;
7(n) (4)DISCIPLINE ANAPPLIEDBEHAVIORANALYSISCLINICTHATPROVIDESCHILD CARE EXCLUSIVELY TO SCHOOL AGE CHILDREN AND OPERATES ON THE PROPERTY OF ACHILDREN;AND SCHOOL(o) DISTRICTSTORAGE ,DISTRICTREQUIREMENTS CHARTERFOR SCHOOLMEDICATION , OR INSTITUTE CHARTER SCHOOL MAY SATISFY ANY FIRE OR RADON INSPECTION REQUIREMENT REQUIRED BY LAWBYPROVIDINGACOPYOFA SATISFACTORY FIRE OR RADON INSPECTION REPORT OF THE PROPERTY OF A SCHOOL DISTRIC,DISTRICT CHARTER SCHOOL,OR INSTITUTE CHARTER SCHOOL WHERE THE CHILD CARE IS PROVIDED IF THE FIRE OR RADON INSPECTION REPORT WAS COMPLETED WITHIN THE PRECEDING TWELVE MONTHS .
(4) AN APPLIED BEHAVIOR ANALYSIS CLINIC THAT PROVIDES CHILD CARE EXCLUSIVELY TO SCHOOL -AGE CHILDREN AND OPERATES ON THE DEPARTMENTPROPERTYOFASCHOOLDISTRICT SHALLDISTRICTCHARTERSCHOOL NOT,ORINSTITUTE REQUIRECHARTER ASCHOOL DUPLICATEMAY SATISFY ANY FIRE OR RADON INSPECTION IFREQUIREMENTREQUIREDBYLAWBYPROVIDINGACOPYOFASATISFACTORY A SATISFACTORY FIRE OR RADON INSPECTION REPORT OF THE PROPERTY OF A SCHOOL DISTRICT,DISTRICT CHARTER SCHOOL , OR INSTITUTE CHARTER SCHOOL WHERE THE CHILD CARE IS PROVIDED IF THE FIRE OR RADON INSPECTION REPORT WAS COMPLETED WITHIN THE PRECEDING TWELVE MONTHS .
(5)HE IALLOFTHEREQUIREMENTSOFSECTIONDEPARTMENTSHALLNOTREQUIREADUPLICATEFIREORRADONINSPECTION 22-1-119.5ANDANYIF ADDITIONALRULESA OFTHESATISFACTORY STATEFIRE BOARDAREOR METRADON ,AINSPECTION CHILDREPORT ENROLLEDOF INTHE ANPROPERTY APPLIEDWAS BEHAVIORCOMPLETED ANALYSISWITHIN CLINICTHE MAYPRECEDING POSSESSTWELVE ANDMONTHS SELF-ADMINISTER MEDICATION FOR ASTHMA , A FOOD ALLERGY , OR ANAPHYLAXIS .
(5) IF ALL OF THE REQUIREMENTS OF SECTION22-1-119.5AND ANY ADDITIONALRULESOFTHESTATEBOARDAREMET ,ACHILDENROLLEDINAN APPLIED BEHAVIOR ANALYSIS CLINIC MAY POSSESS AND SELF -ADMINISTER MEDICATIONFORASTHMA ,AFOODALLERGY ,OR ANAPHYLAXIS .THE STATE BOARD MAY ADOPT ADDITIONAL RULES CONCERNING POSSESSING AND SELFSELF-ADMINISTERING -ADMINISTERING MEDICATION FOR ASTHMA ,A FOOD ALLERGY,ORALLERGY , OR PAGE 36-HOUSE BILL 26-1425 ANAPHYLAXIS .
(6) THETHEEXECUTIVEDIRECTORMAYDIRECTTHEADMINISTRATIONOR EXECUTIVE DIRECTOR MAYDIRECT THE ADMINISTRATION -44- 1425 OR MONITORING OF MEDICATIONS TO INDIVIDUALS IN APPLIED BEHAVIOR ANALYSIS CLINICS PURSUANT TO PART 3OF ARTICLE 1.5 OF TITLE25.
In Colorado Revised Statutes, 26-6-912, amend (1)(a)(I)(A),(1)(a)(I)(B),(1)(a)(I)(C),(1)(a)(III),(2)(a)(I),(2)(b),(3),and(1)(a)(I)(A), (1)(a)(I)(B), (1)(a)(I)(C), (1)(a)(III), (2)(a)(I), (2)(b), (3), and (6) as follows:
(1) (a) (I) (A) The state department shall investigate and pass on eacheachapplicationforissuanceof applicationalicense,each for issuance of a license, each application for a permanent or time-limited license following the issuance of a probationary or provisionalprovisionallicense,andeachapplicationforrenewalofalicensetooperate license,afacility,ACLINIC and,oranagencypriortograntingthelicenseorrenewal.As eachpart application for renewal of athe licenseinvestigation, to operate a facility,IC, or an agencyprior to granting the licenseorrenewal.Aspartoftheinvestigation,thestatedepartmentshallstate requiredepartmentshallrequireeachindividual, each individual, including but not limited to the applicant, an owner, an employee, a newly hired employee, a licensee, and an adult who is eighteen years of ageOLDageLD or older and resides in the licensed facilityRfacility CLINIC,OR CLINIC , to obtain a fingerprint-basedfingerprint-basedcriminalhistoryrecordcheckbyreviewinganyrecordthat criminalis historyused recordto checkassist bythe reviewingstate anydepartment recordin thatascertaining iswhether usedthe toperson assistbeing theinvestigated statehas departmentbeen inascertainingwhetherthepersonbeinginvestigatedhasbeenconvictedconvicted of any of the criminal offenses specified in section 26-6-905 (8) or anyanyother other felony.
The state board shall promulgatePTpromulgate ADOPT rules that define and identify what the criminal history record check entails.
(B) Rules promulgated ADOPTED bybythe the state board pursuant to this subsection (1)(a)(I) must require the fingerprint-based criminal history record check in all circumstances, other than those identified in subsection (1)(a)(I)(C) of this section, to include a fingerprint-based criminalhistoryrecordcheckusingtherecordsoftheColoradobureauofcriminal -45-history 1425record check using the records of the Colorado bureau of investigation and the federal bureau of investigation and to apply to any new owner, new applicant, newly hired employee, new licensee, or individual who begins residing in the licensed facilityNIC.facility CLINIC.
As part of the investigation, the records and reports of child abuse or neglect maintained by the state department must be accessed to determine whethertheowner,applicant,employee,newlyhiredemployee,licensee,whether orthe individualowner, whoapplicant, residesemployee,newlyhiredemployee,licensee,orindividualwhoresidesinthe inPAGE the37-HOUSE BILL 26-1425 licensed facilityORfacility OR CLINIC being investigated has been found to be responsible in a confirmed report of child abuse or neglect.
Except as providedprovidedinsubsection(1)(a)(I)(C)ofthissection,anychangeinownership inof subsectiona (1)(a)(I)(C)ofthissection,anychangeinownershipofalicensedfacility,licensed CLINIC,facility,LINIC, or agency or addition of a new resident adult or newly hired employee to the licensed facilityCLINICfacility OR CLINIC requires a new investigation as provided in this section.
(C) WhenWhentwoormoreindividuallylicensedfacilities twoORCLINICS or more individuallylicensed facilitiesCLINICS are wholly owned, operated, and controlled by a common ownership grouporschooldistrict,afingerprint-basedcriminalhistoryrecordcheckgroup andor school district, a fingerprint-based criminal history record check and a checkoftherecordsandreportsofchildabuseorneglectmaintainedbythe department, completed for one of the recordslicensed andfacilities reportsOR CLINICS of childthe abusecommon ownership group or neglectschool maintainedbythedepartment,completedforoneofthelicensedfacilitiesdistrict ORCLINICSpursuant ofthecommonownershipgrouporschooldistrictpursuanttoto this section for an individual for whom the check is required pursuant to this part 9, may satisfy the record check requirement for any other licensed facility OR CLINIC under the same common ownership group or school district.
A new fingerprint-basedfingerprint-basedcriminalhistoryrecordcheckornewcheckoftherecords criminaland historyrecordreports checkof child abuse or newcheckoftherecordsandreportsofchildabuseorneglectmaintainedneglect maintained by the department is not required of such an individual if the common -46- 1425 ownership group or school districtdistrictmaintainsacentralrecordsmanagementsystemforemployeesofall maintainsitslicensedfacilitiesRCLINICS a,takesactionasrequiredpursuanttosection central records managementsystemforemployeesofallitslicensedfacilities ORCLINICS , takes action as required pursuant to section 26-6-905 when informed of the results of a fingerprint-based criminal history record check or check of the records and reports of child abuse or neglect maintained by the department that requires action pursuant to this partpart9,andinformsthedepartmentwheneveranadditionallicensedfacility 9,OR and informs the department whenever an additional licensed facilityR CLINIC comes under or is no longer under its ownership or control.
(III) If thetheoperatorof operator of a faciCLINIC,facility,INIC , or agencyrefuses totohirean hireapplicant anapplicantasaresultofinformationdisclosedintheinvestigationoftheas applicanta pursuantresult toof subsectioninformation (1)(a)(I)disclosed ofin thisthe section,investigation of the facility,applicantpursuanttosubsection(1)(a)(I)ofthissection,thefacility, CLINIC,CLINIC , or agency is not subject to civil liability for the refusal to hire.
If a former employer of the applicant releases information requested bytheby facility,CLINIC,the facility, CLINIC , or agency pertaining to the applicant's former performance, the former employer is not subject to civil liability for the information given.
(2)(a)(I)(2) Exceptasotherwiseprovidedinsubsection(2)(a)(II)of(a) thissection,thestatedepartmentmayauthorizeorcontract(I) Except as otherwise provided in subsection (2)(a)(II) of this section, the state department may authorize or contract with acountya county department, the county department of health, or another publicly or privatelyoperatedorganizationthathasadeclaredinterestinchildrenandPAGE experience38-HOUSE workingBILL with26-1425 childrenprivately oroperated onorganization behalfthat ofhas childrena todeclared investigateinterest in children and experienceworkingwithchildrenoronbehalfofchildrentoinvestigateand inspect the facilitiesCLINICSfacilitiesR CLINICS applying for an original or renewal license orapplyingforapermanentlicensefollowingtheissuanceofaprobationary or applyingprovisional for a permanent license followingpursuant theto issuancethis ofpart a9 probationaryorprovisionallicensepursuanttothispart9andmayacceptand mayaccept reports on the investigationsinvestigationsandinspectionsfromtheagenciesororganizationsasabasis andforlicensing.Whencontractingforinvestigationsandinspections,thestate inspections from the agencies or organizationsasabasisforlicensing.Whencontractingforinvestigations and inspections, the state department shall ensure that the contractor is -47- 1425 qualified by training and experience and has no conflict of interest with respect to the facilitiesCLINICSfacilitiesR CLINICS to be inspected.
(3) Every facility,CLINIC,facility,CLINIC , and agencyagencylicensed licensed pursuant to this part 9 shall keep and maintain such records as the department may prescribe pertaining to the admission, progress, health, and discharge of children under the care of the facility,ICfacility,CLINIC , or agency and shall report relativetheretoTHERECORDSrelative tothedepartmentwhenevercalledfor,uponthereto THE RECORDS to the department whenever called for, upon forms prescribed bytheby the department.
Both The facilityCLINIC,facility,CLINIC , or agency and the department shall keep confidential all records regarding children and all facts learned about children and their relatives.
(6) When the state departmentreceivesaseriouscomplaintaboutdepartment receives a facility,LINIC,serious complaint about a facility,CLINIC, or agency licensed pursuant to this part 9 alleging the immediate risk to the health or safety of the children cared for in the facility,LINIC,facility,CLINIC OR,OR AGENCY , the state department shall respond to the complaintandconductanon-siteinvestigationconcerningthecomplaintcomplaint and conduct an on-site investigation concerning the complaint within forty-eight hours after its receipt.
SECTIONSECTION17. 17.
InInColoradoRevisedStatutes,26-6-914,amend Colorado(2) Revisedintroductory Statutes,portion, 26-6-914,(2)(d), amend(2)(h), (2)introductoryportion,(2)(d),(2)(h),(2)(j),(2)(n),(4),(6)(a)(I)(C),and(2)(j), (2)(n), (4), (6)(a)(I)(C), and (7) as follows:
Denial of licenselicense-suspension-revocation-probation - suspension - revocation - probation - refusal to renew license - fines - definitions.
(2) TheThedepartmentmaydenyanapplication,orsuspend,revoke,or departmentPAGE maydenyan39-HOUSE application,BILL or26-1425 suspend, revoke, or make probationary the license, of any facility,facility,CLINIC CLINIC,, or agency -48- 1425 regulated and licensed pursuant to this part 9 or assess a fine against the licensee pursuant to section 26-6-921 if the licensee, an affiliate of the licensee, a personN INDIVIDUAL employed by the licensee, or a person ANANINDIVIDUAL INDIVIDUALemployedbythelicensee,oraperson ANINDIVIDUAL who resides with the licensee at the faciliCLINIC,facilityCLINIC , or agency:
(d) Usesanycontrolledsubstance,asdefinedinsection18-18-102Uses any controlled substance, as defined in section 18-18-102 (5), including retail marijuana, or consumes anyanyalcoholic alcoholic beverage duringtheoperatinghoursofthefacility,during CLINIC,oragencyorisunderthethe operating hours of the facility, CLINIC, or agency or is under the influence of a controlled substance or alcoholic beverage during the operating hours of the facility,NIC,facility,LINIC , or agency;
or (h) Refuses to submit to the department any reports or refuses to make available to the department any records required by it THE DEPARTMENT inmakinginvestigationofthefacility,CLINIC,oragencyforin making investigation of the facility,CLINIC, or agency for licensing purposes;
or (j) Failstoprovide,maintain,equip,andkeepinsafeandsanitaryFails to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for child care pursuant to standardsprescribedbythedepartmentofpublichealthandenvironmentstandards andprescribed by the department of humanpublic serviceshealth orand byenvironment ordinancesand orthe regulationsdepartmentof applicablehumanservicesorbyordinancesorregulationsapplicableto to the location of such facilityLINIC;facilityR CLINIC ;
or (n) Admits to an act of child abuse or if substantial evidence is found that the licensee, personDIVIDUALperson INDIVIDUAL employed by the licensee, or person INDIVIDUAL who resides with the licensee in the licensed facility, CLINIC,CLINIC , or agency has committed an act of child abuse.
As used in this subsection(2)(n),subsection (2)(n), "child abuse" has the same meaning as that ascribed to the term"abuse"term "abuse" or "child abuse or neglect" in section 19-1-103 (1).
(4) The state department may deny an application for a facility, CLINIC,CLINIC , or agencyagencylicensepursuanttothis license pursuant to this part 9 if the applicant is a -49- 1425 relative affiliate of a licensee of a faciCLINIC,facility,INIC, or agency licensed pursuant to this part 9, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the state department that may result in a negative licensing action.
(6) (a) (I) The state department shall deny an application for a licenselicenseunderthecircumstancesdescribedinsection26-6-905(8).Thestate underdepartment theshall circumstancesrevoke describedor insuspend sectiona 26-6-905license (8).previously issued if:
PAGE 40-HOUSE BILL 26-1425 (C) The statelicensee, departmentan shallaffiliate revokeof the licensee, a person AN INDIVIDUAL employed by the licensee, or suspenda person AN INDIVIDUAL who resides with the licensee at the facility, CLINIC , or agency has been determined to be insane or mentally incompetent by a licensecourt previouslyof issuedcompetent if:jurisdictionandacourthasentered,pursuanttopart3orpart4of article14 of title 15, or section 27-65-110 (4) or 27-65-127, an order specifically findingthatthementalincompetencyorinsanityisofsuchadegreethatthe licenseeisincapableofoperatingafacility, CLINIC ,oragency,therecordof such determination and entry of such order being conclusive evidence thereof.
(C)(7) The licensee,state andepartment affiliateshall ofdeny thean licensee,application for a personANfacility, INDIVIDUALCLINIC employed, byor theagency licensee,licensed orpursuant ato persoANthis INDIVIDUALpart who9 residesand withshall revoke the licenseelicense atof thea facility,INIC, or agencyagencylicensed has been determinedtobeinsaneormentallyincompetentbyacourtof competent jurisdiction and a court has entered, pursuant to partthis 3 or part 49 ofif article 14oftitle15,orsection27-65-110(4)or27-65-127,anorderspecifically finding that the mentalfacility,LINIC incompetency, or insanityagency iscultivates ofmarijuana suchpursuant ato degree that the licenseeauthorityin issection incapable16 of operatingarticle aXVIII facility,IC,of or agency, the recordstate ofconstitution. such determination and entry of such order being conclusive evidence thereof.
(7) The state department shall deny an application for a facility, CLINIC, or agency licensed pursuant to this part 9 and shall revoke the license of a facility,NIC, or agency licensed pursuant to this part 9 if the facility,LINIC , or agency cultivates marijuana pursuant to the authority in section 16 of article XVIII of the state constitution.
(1)(a)(1) Whenafacility,(a) CLINIC,oragencylicensedpursuanttothisWhen -50-a 1425facility,CLINIC, or agency licensed pursuant to this part 9 has been notified bybythe the department of a negative licensing action or the imposition of a fine pursuant to section 26-6-914 (2) and (8), it shall, within ten days after receiving the notice, provide the department withthenamesandmailingaddressesofwith theparentsorlegalguardiansofthe eachnamesandmailingaddressesof childtheparentsorlegalguardiansofeachchild cared for at the facility,NIC,facility,INIC, or agency.
(b) WithintwentydaysafterreceivingthenamesandaddressesofWithin parentstwenty anddays legalafter guardiansreceiving pursuantthe tonames subsectionand (1)(a)addresses of thisparentsandlegalguardianspursuanttosubsection(1)(a)ofthissection,the section,departmentshallsendawrittennoticetoeachsuchparentorlegalguardian identifying the departmentnegative shalllicensing sendaction aor writtenthe noticefine toimposed eachand such parent or legal guardianidentifyingthenegativelicensingactionorthefineimposedand providing a description of the basis for the action as it relates to the impact on the health, safety, and welfare of the childreninthechildren in the care of the facility,LINIC,facility,, or agency.
PAGE 41-HOUSE BILL 26-1425 (d) This subsection (1) does not preclude the state department or a countydepartmentcounty department from notifying parents or legal guardians of serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 9 that could impact the health,health,safety,orwelfareofachildcaredforatthefacility, safety,CLINIC,AGENCY or welfare of a child cared for at the facility,IC , AGENCY , or home.
(2) TheThestateboardshallpromulgate state board shall promulgate ADOPT rulesrulesrequiringfacilities, requiringCLINICS facilities,INICS,, and agencies to provide written notice to the parents andlegalguardiansofthechildrencaredforinthefacilities,and CLINICS,andlegal agenciesguardians of the procedureschildren bycared whichfor toin filethe afacilities,NICS complaint, againstand theagencies facility,LINIC,of orthe agencyprocedures orby anwhich employeeto offile thea facility,complaint CLINIC,against orthe agencyfacility,INIC, withoragencyoranemployeeofthefacility, theCLINIC division,oragencywiththedivision within the department that is responsible for -51-facility,LINIC, 1425 facilityCLINIC, and agency licensing.
The rules must specify the information that the notice must containcontainandmustrequirethatthenoticeincludethecurrentmailingaddress and musttelephone requirenumber thatof the noticedivision includethecurrentmailingaddressandtelephonenumberofthedivision within the department that is responsible for facility,facility,LINIC, and agency licensing.
SECTION19.SECTION 19.
InColoradoRevisedStatutes,amend26-6-918asIn Colorado Revised Statutes, amend 26-6-918 as follows:
Thedepartment,inthenameofthepeopleofthestateofColorado,The throughdepartment, in the attorneyname general of the state,people mustof applythe forstate anof injunctionColorado, inthroughtheattorneygeneralofthestate,mustapplyforaninjunctioninany any court of competentcompetentjurisdictionto jurisdiction to enjoin a person fromfromoperating operatinga facility, CLINIC, or agencywithout a facility,INIC,oragencywithoutalicensethatisrequiredtobelicensedlicense pursuanttothispart9.Ifthepersondoesnothaveavalidlicensepursuantthat is required to thisbe partlicensed 9,pursuant thetothispart9.Ifthepersondoesnothaveavalidlicensepursuanttothispart person's9,theperson'slicensehasbeenrevokedpursuanttosection26-6-914,orthe licenseperson hasdoes beennot revokedmeet pursuantthe tolicensing sectionexemption 26-6-914,orthepersondoesnotmeetthelicensingexemptioncriteriasetcriteria set forth in section 26-6-904, yet provides child care and has a pattern of providing the child care without a valid license as required bythisby this part 9, and despite having received notification from the department that the person, facility,INIC, or agency is in violation of the law, then the person, facility,INIC,facility,LINIC, or agency is providing unlicensed and illegal child care.
If it is established that the defendant has been or is operating the facility,facility,INIC, CLINIC, or agencyagencywithout without a valid license, the court shall enter a decree enjoining the defendant from furtherfurtheroperatingthefacility,CLINIC operating,ORAGENCY theunlessanduntiltheperson facility,IC,ORPAGE AGENCY42-HOUSE unlessBILL and26-1425 until the person obtains a license as required by this part 9.
In case of a violation of an injunction issued pursuant to this -52- 1425 section, the court maymaysummarilytryand summarilypunish trytheoffenderforcontemptof court.Injunctive proceedings pursuant to this section are in addition to and punishnot in lieu of the offenderpenalty forprovided contemptin ofsection court.26-6-919.
InjunctiveSECTION proceedings20. pursuant to this section are in addition to and not in lieu of the penalty provided in section 26-6-919.
SECTION20.In Colorado Revised Statutes, amend 26-6-920 as follows:
InColoradoRevisedStatutes,amend26-6-920as follows:
PeriodicPeriodicreviewoflicensingandcertificationrulesand review of licensing and certification rules and procedures.
At least every five years, the department shall conduct a comprehensivecomprehensivereviewofthelicensingandcertificationrulesforfostercare review of the licensing and certification rules for foster care homes, kinship foster care homes, anddand child placement agencies, ANDAPPLIEDBEHAVIORANALYSISCLINICSAND APPLIED BEHAVIOR ANALYSIS CLINICS and the procedures relating to and governing foster care homes, kinship foster care hoCHILDandhomes, PLACEMENTand agencies,ANDCHILD APPLIEDPLACEMENT BEHAVIORagencies,ANDAPPLIEDBEHAVIORANALYSISCLINICS ANALYSIS,including CLINICS , including procedures for the review of backgrounds of employees and owners.
In conducting the periodic review, the department shall consult withfosterwith foster care providers, kinship foster care providers, child placement agencies, county departments, the department of public health and environment,LICENSEDBEHAVIORANALYSTSenvironment, ,andotherinterestedpartiesLICENSEDBEHAVIORANALYSTS throughoutthestate.Theperiodicreviewmustincludeanexaminationof,andotherinterestedpartiesthroughoutthe thestate. rules applicable to foster care homes, kinship foster care homes, and childplacementagencies,NDAPPLIEDBEHAVIORANALYSISCLINICS ;the processoflicensingfostercarehomes,andhildplacementagencies,and APPLIEDBEHAVIORANALYSISCLINICS ;
The periodic review must include an examination of the certificationprocessforfosterrules applicable to foster care homeshomes, kinship foster care homes, and child placementagencies, ANDAPPLIEDBEHAVIORANALYSISCLINICS ;theprocess of licensingfostercare homes, and child placement agencies,ANDAPPLIED BEHAVIORANALYSISCLINICS ;thecertificationprocessforfostercarehomes and kinship foster care homes;niformityhomes;THE ofuniformityof standards or lack thereof in the licensing process;
duplication and conflicts in rules, requirements, or procedures between -53-the 1425department thedepartmentandthedepartmentofpublichealthandenvironment;andand recommendationsforstreamliningandunifyingthelicensingprocess.Thethe reviewdepartment must also include an examination of rulespublic andhealth procedures regardingthegeneralphysicalandmentalhealthoffostercareproviders, kinshipfostercareproviders,ENSEDBEHAVIORANALYSTS ,employees, andowners.Attheconclusionofeachreview,thedepartmentshallreport its findings and conclusionsenvironment; and its recommendations for administrative changes and for legislation to the state board.
SECTIONand 21.recommendations for streamlining and unifying the licensing process.
The review must also include an examination of rules and procedures regarding the general physical and mental health of foster care providers, kinship foster care providers,LICENSED BEHAVIOR ANALYSTS , employees, and owners.
At the conclusion of each review, the department shall report its findings and conclusions and its recommendations for administrative changes and for legislation to the state board.
PAGE 43-HOUSE BILL 26-1425 SECTION 21.
(a) "Child"Childcarecenter"meansafacilityrequiredtobelicensedunder carethe center""Foster meansCare, aKinship facilityFoster requiredCare, toResidential, beDay licensedTreatment, underthe"FosterCare,KinshipFosterCare,Residential,DayTreatment, and Child Placement AgencyNDAgency APPLIEDBAND EHAVIORAA NALYSISCPPLIED LINICBEHAVIOR LicensingA andNALYSIS CertificationC Act",LINIC partLicensingandCertificationAct",part9ofarticle6oftitle26,orthe"Child 9 of article 6 of title 26, or the "Child Care Licensing Act", part 3 of article 5 of title 26.5.
(1) For the 2026-27 state fiscal year, $50,000 is appropriated to the department of health care policyandpolicy financing.Thisappropriationisfromthegeneralfund.Toimplementthis act,thedepartmentmayusethisappropriationformedicaidmanagement information system maintenance and projects.financing.
(2)This Forappropriation theis 2026-27from state fiscal year, the general assemblyfund. anticipates that the department of health care policy and financing will receive $50,000 in federal funds for medicaid management information systemmaintenanceandprojectstoimplementthisact.Theappropriation -54- 1425 in subsection (1) of this section is based on the assumption that the department will receive this amount of federal funds, which is subject to the"(I)"notationasdefinedintheannualgeneralappropriationactforthe same fiscal year.
To implement this act, the department may use this appropriation for medicaid management information system maintenance and projects.
(2) For the 2026-27 state fiscal year, the general assembly anticipates that the department of health care policy and financing will receive $50,000 in federal funds for medicaid management information system maintenance and projects to implement this act.
The appropriation in subsection (1) of this section is based on the assumption that the departmentwillreceivethisamountoffederalfunds,whichissubjecttothe "(I)"notationasdefinedintheannualgeneralappropriationactforthesame fiscal year.
This appropriation is from the general fund and is based on an assumption thatthatthedivisionwillrequireanadditional15.0FTE.Toimplementthisact, the division willmay requireuse anthis additionalappropriation 15.0for FTE.administration.
To(4) implementFor thisthe act,2026-27 state fiscal year, the divisiongeneral mayassembly useanticipates thisthat appropriationthe department of human services will receive $176,517 in federal funds for administration.administration related to the division of child welfare to implement this act.
(4)The Forappropriation thein 2026-27subsection state(3) fiscalof year,this thesection generalis assemblybasedontheassumptionthatthedivisionwillreceivethisamountoffederal anticipatesPAGE that44-HOUSE theBILL department26-1425 offunds,whichissubjecttothe"(I)"notationasdefinedintheannualgeneral humanappropriation servicesact willfor receivethe $176,517same infederalfundsforadministrationrelatedtothedivisionoffiscal childwelfareyear. to implement this act.
The(5) appropriationForthe2026-27statefiscalyear,$261,833isappropriatedtothe indepartment subsection (3) of thisregulatory sectionagencies. is based on the assumption that the division will receive this amount of federal funds, which is subject to the "(I)" notation as defined in the annual general appropriation act for the same fiscal year.
(5)This Forappropriation is from the 2026-27division stateof fiscalprofessions year,and $261,833occupations iscash appropriatedfund tocreated thein departmentsection of12-20-105 regulatory(3), agencies.C.R.S.Toimplementthisact,thedepartment mayuse this appropriationas follows:
This(a) appropriation$176,038 isfor fromuse thebythe division of professions and occupations cashfor fundpersonal createdservices, inwhich sectionamount 12-20-105(3),C.R.S.Toimplementthisact,thedepartmentmayusethisis appropriationbased ason follows:an assumption that the division will require an additional 2.0 FTE;
(a)(b) $176,038$16,560 for use by the division of professions and occupations for personaloperating services,expenses; which amount is based on an assumption that the division will require an additional 2.0 FTE;
(b)and $16,560forusebythedivisionofprofessionsandoccupations(c) $69,235 for operatingthe expenses;purchase of legal services.
and(6) -55-For 1425the (c)2026-27 state fiscal year, $69,235 foris appropriated to the purchasedepartmentoflaw.Thisappropriationisfromreappropriatedfundsreceived from the department of regulatory agencies under subsection (5)(c) of this section and is based on an assumption that the department of law will requireanadditional0.3FTE.Toimplementthisact,thedepartmentoflaw may use this appropriation to provide legal services.services for the department of regulatory agencies.
(6) For the 2026-27 state fiscal year, $69,235 is appropriated to the department of law.
This appropriation is from reappropriated funds received from the department of regulatory agencies under subsection (5)(c) of this section and is based on an assumption that the department of law will require an additional 0.3 FTE.
To implement this act, the departmentoflawmayusethisappropriationtoprovidelegalservicesfor the department of regulatory agencies.
Effectivedate.Thisacttakeseffectuponpassage;Effective date.
exceptThis thatact sectionstakes 12-247-106, 12-247-110, 12-247-112, and 12-247-118, Colorado Revised Statutes, as enacted in section 2 of this act, take effect Julyupon 1,passage; 2028.
exceptthatsections12-247-106,12-247-110,12-247-112,and12-247-118, Colorado Revised Statutes, as enacted in section 2 of this act, take effect July 1, 2028.
The general assembly finds, determines, and declares that this act is necessary for the immediate preservationofthepublicpeace,health,orsafetyorforappropriationsforpreservation of the public peace, health, or safety or for appropriations for PAGE 45-HOUSE BILL 26-1425 the support and maintenance of the departments of the state and state institutions.
-56-____________________________ 1425____________________________ Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 46-HOUSE BILL 26-1425
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Action History
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Governor Signed
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Signed by the Speaker of the House
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Signed by the President of the Senate
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Sent to the Governor
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Senate Third Reading Passed - No Amendments
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Senate Second Reading Special Order - Passed - No Amendments
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Senate Committee on Health & Human Services Refer Unamended to Appropriations
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Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
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Introduced In Senate - Assigned to Health & Human Services
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House Third Reading Passed with Amendments - Floor
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House Second Reading Special Order - Passed with Amendments - Committee, Floor
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House Committee on Appropriations Refer Amended to House Committee of the Whole
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House Second Reading Special Order - Laid Over Daily - No Amendments
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House Committee on Finance Refer Unamended to Appropriations
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House Committee on Health & Human Services Refer Unamended to Finance
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Introduced In House - Assigned to Health & Human Services
Sponsors
- K. Wallace · Cosponsor
- K. Mullica · Cosponsor
- J. Marchman · Cosponsor
- C. Kipp · Cosponsor
- N. Hinrichsen · Cosponsor
- J. Gonzales · Cosponsor
- T. Exum · Cosponsor
- J. Danielson · Cosponsor
- L. Cutter · Cosponsor
- J. Coleman · Cosponsor
- J. Bridges · Cosponsor
- M. Ball · Cosponsor
- J. Amabile · Cosponsor
- Lesley Smith · Cosponsor
- Tammy Story · Cosponsor
- Steven Woodrow · Cosponsor
- Yara Zokaie · Cosponsor
- L. García · Cosponsor
- L. Daugherty · Primary
- S. Bright · Primary
- Kyle Brown · Primary
- Lindsay Gilchrist · Primary
- Katie Stewart · Primary
- Rebekah Stewart · Primary
- Rick Taggart · Primary
- Jennifer Bacon · Cosponsor
- Sean Camacho · Cosponsor
- Michael Carter · Cosponsor
- Chad Clifford · Cosponsor
- Regina English · Cosponsor
- Meg Froelich · Cosponsor
- Lori Goldstein · Cosponsor
- Eliza Hamrick · Cosponsor
- Jamie Jackson · Cosponsor
- Mandy Lindsay · Cosponsor
- Meghan Lukens · Cosponsor
- Julie McCluskie · Cosponsor
- Karen McCormick · Cosponsor
- Kenny Nguyen · Cosponsor
- Andrew Boesenecker · Cosponsor
- Jacque Phillips · Cosponsor
- Naquetta Ricks · Cosponsor
- Manny Rutinel · Cosponsor
- Gretchen Rydin · Cosponsor
- Emily Sirota · Primary
- Monica Duran · Cosponsor
- Amy Paschal · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →8 sponsors · 39 co-sponsors · 54 not signed on · 16 voted No
Sponsors (8)
- L. Daugherty
- S. Bright
- Kyle Brown Democrat
- Lindsay Gilchrist Democrat
- Katie Stewart Democrat
- Rebekah Stewart Democrat
- Rick Taggart Republican
- Emily Sirota Democrat
Co-sponsors (39)
- K. Wallace
- K. Mullica
- J. Marchman
- C. Kipp
- N. Hinrichsen
- J. Gonzales
- T. Exum
- J. Danielson
- L. Cutter
- J. Coleman
- J. Bridges
- M. Ball
- J. Amabile
- Lesley Smith Democrat
- Tammy Story Democrat
- Steven Woodrow Democrat
- Yara Zokaie Democrat
- L. García
- Jennifer Bacon Democrat
- Sean Camacho Democrat
- Michael Carter Democrat
- Chad Clifford Democrat
- Regina English Democrat
- Meg Froelich Democrat
- Lori Goldstein Democrat
- Eliza Hamrick Democrat
- Jamie Jackson Democrat
- Mandy Lindsay Democrat
- Meghan Lukens Democrat
- Julie McCluskie Democrat
- Karen McCormick Democrat
- Kenny Nguyen Democrat
- Andrew Boesenecker Democrat
- Jacque Phillips Democrat
- Naquetta Ricks Democrat
- Manny Rutinel Democrat
- Gretchen Rydin Democrat
- Monica Duran Democrat
- Amy Paschal Democrat
Not signed on (54)
54 members have not signed on to this bill.
Show all 54 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 21 | 0 | 0 | 0 |
| Republican | 7 | 3 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 33 | 3 | 0 | 0 |
| % of votes cast | 92% | 8% | 0% | 0% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Gonzales J. | — | Yea |
| Pelton B. | — | Yea |
| Pelton R. | — | Yea |
| President | — | Yea |
| Adrienne Benavidez | — | Yea |
| Cathy Kipp | Democrat | Yea |
| Chris Kolker | Democrat | Yea |
| Dylan Roberts | Democrat | Yea |
| Iman Jodeh | Democrat | Yea |
| James Coleman | Democrat | Yea |
| Janice Marchman | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Jessie Danielson | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Katie Wallace | Democrat | Yea |
| Kyle Mullica | Democrat | Yea |
| Lindsey Daugherty | Democrat | Yea |
| Lisa Cutter | Democrat | Yea |
| Marc Snyder | Democrat | Yea |
| Matt Ball | Democrat | Yea |
| Mike Weissman | Democrat | Yea |
| Nick Hinrichsen | Democrat | Yea |
| Robert Rodriguez | Democrat | Yea |
| Tom Sullivan | Democrat | Yea |
| Tony Exum | Democrat | Yea |
| William Lindstedt | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Yea |
| Cleave Simpson | Republican | Yea |
| Janice Rich | Republican | Yea |
| John Carson | Republican | Nay |
| Larry Liston | Republican | Yea |
| Lisa Frizell | Republican | Yea |
| Lynda Zamora Wilson | Republican | Nay |
| Marc Catlin | Republican | Yea |
| Mark Baisley | Republican | Nay |
| Scott Bright | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 4 | 0 | 0 | 0 |
| Republican | 1 | 2 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| James Coleman | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Julie Gonzales | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Yea |
| Byron Pelton | Republican | Nay |
| Larry Liston | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 4 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 1 |
| Total | 5 | 0 | 0 | 2 |
| % of votes cast | 71% | 0% | 0% | 29% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Iman Jodeh | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Lindsey Daugherty | Democrat | Yea |
| Mike Weissman | Democrat | Yea |
| Nick Hinrichsen | Democrat | Not Voting |
| Lisa Frizell | Republican | Not Voting |
| Scott Bright | Republican | Yea |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 8 | 0 | 0 | 0 |
| Republican | 2 | 1 | 0 | 0 |
| Total | 10 | 1 | 0 | 0 |
| % of votes cast | 91% | 9% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Andrew Boesenecker | Democrat | Yea |
| Brianna Titone | Democrat | Yea |
| Elizabeth Velasco | Democrat | Yea |
| Emily Sirota | Democrat | Yea |
| Junie Joseph | Democrat | Yea |
| Karen McCormick | Democrat | Yea |
| Kyle Brown | Democrat | Yea |
| Yara Zokaie | Democrat | Yea |
| Matt Soper | Republican | Yea |
| Rick Taggart | Republican | Yea |
| Scott Bottoms | Republican | Nay |
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 0 | 4 | 0 | 0 |
| Democrat | 6 | 1 | 0 | 0 |
| Total | 6 | 5 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Bob Marshall | Democrat | Nay |
| Brianna Titone | Democrat | Yea |
| Lorena Garcia | Democrat | Yea |
| Rebekah Stewart | Democrat | Yea |
| Sean Camacho | Democrat | Yea |
| Steven Woodrow | Democrat | Yea |
| Yara Zokaie | Democrat | Yea |
| Anthony Hartsook | Republican | Nay |
| Ken DeGraaf | Republican | Nay |
| Max Brooks | Republican | Nay |
| Ryan Gonzalez | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 0 | 5 | 0 | 0 |
| Democrat | 8 | 0 | 0 | 0 |
| Total | 8 | 5 | 0 | 0 |
| % of votes cast | 62% | 38% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Eliza Hamrick | Democrat | Yea |
| Gretchen Rydin | Democrat | Yea |
| Karen McCormick | Democrat | Yea |
| Katie Stewart | Democrat | Yea |
| Lindsay Gilchrist | Democrat | Yea |
| Lisa Feret | Democrat | Yea |
| Regina English | Democrat | Yea |
| Sheila Lieder | Democrat | Yea |
| Brandi Bradley | Republican | Nay |
| Carlos Barron | Republican | Nay |
| Dan Woog | Republican | Nay |
| Dusty Johnson | Republican | Nay |
| Mary Bradfield | Republican | Nay |
Subjects
Frequently asked questions
- What does HB 1425 do?
- The act creates the Colorado behavior analyst licensing board (board) under the direction and supervision of the division of professions and occupations in the department of regulatory agencies. On and after July 1, 2028, an individual is prohibited from engaging in or offering the practice of applied behavior analysis unless the individual is licensed by the board. The board is authorized to license behavior analysts and assistant behavior analysts if they meet the requirements specified by the act and the rules adopted by the board pursuant to the act. An individual who seeks to practice as a behavior analyst or assistant behavior analyst must meet the following requirements:File an application for a license;Have a valid certification in good standing with a certifying entity;Complete a fingerprint-based criminal history record check;Carry professional liability insurance in an amount determined by the board by rule unless working as a public employee covered under governmental immunity; andIf the individual seeks to practice as an assistant behavior analyst, be supervised by a licensed behavior analyst and practice within the scope of practice established by rules of the board. The board may deny or refuse to renew a license, suspend or revoke a license, impose probationary conditions on a license, or issue a cease-and-desist letter or seek injunctive relief against a licensee or an applicant for licensure who has engaged in specified grounds for discipline or unprofessional conduct. The board may also send a licensee a letter of admonition or a confidential letter of concern under certain circumstances. The act exempts specified individuals from the licensing requirements established by the act. An individual who practices or offers or attempts to practice as a behavior analyst or assistant behavior analyst without being licensed pursuant to the act and who is not exempted from licensure commits a class 2 misdemeanor. The board may adopt rules as necessary to implement the act. The regulation of behavior analysts and assistant behavior analysts is scheduled for repeal on September 1, 2031. Before the repeal, the functions of the board in regulating applied behavior analysis are scheduled for review in accordance with the sunset law. The act requires the department of health care policy and financing (state department) to reimburse an applied behavior analysis provider for applied behavior analysis services provided by a behavior technician certified by a certifying entity to a medicaid member with autism spectrum disorder or other conditions for which coverage may be available under state department policies. Subject to federal approval, the state department shall reimburse the applicable applied behavior analysis provider for applied behavior analysis services provided by a behavior technician who is required by the state department to be certified by a certifying entity, but is not certified at the time of services, for services provided during one temporary period of not less than 45 days while the behavior technician is pursuing the certification if specified conditions are met. The department of human services (department) is required to prescribe and publish standards for the licensing and regulation of applied behavior analysis clinics (clinics). The department is authorized to adopt rules concerning specific subjects related to standards for clinics. Clinics are required to comply with specified requirements regarding local government zoning regulations, licensing fees, and qualifications for employees of the clinics. The act changes the definition of 'day treatment center' to 'day treatment facility' and requires that facilities that were not subject to the definition before the effective date of the act but that meet the amended definition submit an application for licensure by the department on or before August 1, 2026 , and become licensed before August 1, 2027.(Note: This summary applies to this bill as enacted.)
- Who sponsors HB 1425?
- HB 1425 is sponsored by K. Wallace, K. Mullica, J. Marchman, C. Kipp, N. Hinrichsen, J. Gonzales, T. Exum, J. Danielson, L. Cutter, J. Coleman, J. Bridges, M. Ball, J. Amabile, Lesley Smith (Democrat), Tammy Story (Democrat), Steven Woodrow (Democrat), Yara Zokaie (Democrat), L. García, L. Daugherty, S. Bright, Kyle Brown (Democrat), Lindsay Gilchrist (Democrat), Katie Stewart (Democrat), Rebekah Stewart (Democrat), Rick Taggart (Republican), Jennifer Bacon (Democrat), Sean Camacho (Democrat), Michael Carter (Democrat), Chad Clifford (Democrat), Regina English (Democrat), Meg Froelich (Democrat), Lori Goldstein (Democrat), Eliza Hamrick (Democrat), Jamie Jackson (Democrat), Mandy Lindsay (Democrat), Meghan Lukens (Democrat), Julie McCluskie (Democrat), Karen McCormick (Democrat), Kenny Nguyen (Democrat), Andrew Boesenecker (Democrat), Jacque Phillips (Democrat), Naquetta Ricks (Democrat), Manny Rutinel (Democrat), Gretchen Rydin (Democrat), Emily Sirota (Democrat), Monica Duran (Democrat), and Amy Paschal (Democrat).
- What is the current status of HB 1425?
- This bill has been enacted into law. Introduced April 28, 2026. Enacted.
- Where can I track HB 1425?
- Track HB 1425 free on One Click Politics — get push/email alerts when it moves.
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