Unlicensed Practice, Title Protection, and Scope After an Out-of-State Move
Jordan holds a master's degree in counseling psychology from another state, is not licensed in Colorado, and has not completed Colorado's supervised experience requirement. In February he opens "Front Range Family Therapy" in Fort Collins. His website, LinkedIn, and insurance panel listings call him a "family therapist" and say he provides "marriage and family therapy." He sees 12 clients, including two couples and a 9-year-old for ADHD. After the child's parents ask whether Jordan can "adjust the medication," Jordan says he will coordinate with the prescriber and suggests a dose change. A licensed LMFT colleague reports him to DORA. Jordan responds that "family therapist" is not a protected title and that he is "basically registered" as an unlicensed psychotherapist. He has no written supervision agreement and no Colorado license number.
1. Analyze the title and unlicensed-practice issues. What should DORA examine first?
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DORA should first determine two separate facts: Jordan's registration status, if any, and the exact titles and services he is using. Colorado protects the titles and abbreviations associated with licensed marriage and family therapists; a court or the Board will ask whether "family therapist" and "marriage and family therapy" imply licensure to a reasonable consumer. Jordan cannot avoid title protection by dropping the word "licensed" if the overall presentation tells the public he is a qualified MFT. His statement that he is "basically registered" is not a defense; either he holds the applicable unlicensed-psychotherapist registration or he does not. Unlicensed practice is a separate violation from misleading title use. DORA should review the website, insurance panels, intake forms, and advertisements as a whole, not just one phrase. It should also check whether seeing couples and a child for ADHD falls within any permitted scope for his actual credential. If he is not registered or licensed, the practice itself must stop while the application is resolved.
2. Is Jordan's ADHD and medication advice within an MFT scope? Explain.
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No, even a licensed MFT must stay within competence and scope. MFTs may diagnose and treat mental and emotional disorders, including ADHD, when trained and competent, but suggesting a dose change is medical prescribing or medication management. Coordinating with a prescriber is appropriate; recommending a specific dose change is not. Jordan's lack of Colorado licensure makes the issue worse, but licensure alone would not solve it. The analysis should separate diagnosis, psychotherapy, consultation, and medication management. If Jordan is not trained to diagnose ADHD in a 9-year-old, he should refer for a qualified evaluation. If he is licensed but not competent in child ADHD, he should obtain supervision or refer. DORA will look at whether he held himself out as able to provide the service, whether he actually gave medication advice, and whether any harm occurred. His defense that he "will coordinate with the prescriber" does not cure a specific dose recommendation.
3. What immediate steps should Jordan take, and what are likely DORA outcomes if violations are found?
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Jordan should immediately stop using the protected or misleading titles, revise all advertising and insurance listings, stop accepting new clients, and obtain legal advice. He should verify whether he qualifies for any unlicensed-psychotherapist registration and, if not, cease practicing until licensed. He should make appropriate referrals for current clients, provide records as required, and document the steps. He should not destroy the website or intake records; preservation is expected. If DORA finds unlicensed practice or misleading title use, outcomes can include a cease-and-desist order, civil penalties, denial of a future application, or conditions on licensure. Because he continued after being reported and gave medication advice, aggravating factors include harm risk to a child and lack of remediation. If he is otherwise qualified, a path might involve supervised practice and a corrected application, but that does not erase the period of unlicensed practice.