Colorado Mental Health Practice Act and DORA Rule Administration
What the domain tests
This domain tests how Colorado regulates marriage and family therapists through the Colorado Mental Health Practice Act, Title 12, Article 245, C.R.S., and through the Department of Regulatory Agencies (DORA). The exam expects you to know the division of authority: the legislature writes the Act, the State Board of Marriage and Family Therapist Examiners adopts rules and decides licensure and discipline, and DORA's Division of Professions and Occupations administers investigations and operations.
Core rules and concepts
- Article 245 was recodified in 2019; older citations to Article 43 are obsolete on a current exam.
- The Board's rules are published at 3 CCR 721-1. They are adopted under the State Administrative Procedure Act, C.R.S. 24-4-101 et seq., with notice, comment, and publication.
- A rule must be within the authority delegated by the Act. If a Board rule conflicts with the statute, the statute controls.
- The Division screens and investigates complaints; the Board reviews the evidence and imposes discipline. The Board also approves supervisors, sets continuing competency, and interprets scope through rule and order.
- Board members are appointed by the Governor and include licensed MFTs and public members; public members are not licensees. Formal rulemaking is published in the Colorado Register.
- The Act is subject to sunset review. Sunset does not automatically repeal the Act; it triggers legislative review and possible continuation.
Worked example
A licensee reads a new Board rule requiring a written telehealth consent and asks whether it is enforceable. The rule was adopted after notice and comment, published in 3 CCR 721-1, and is consistent with the Act's telehealth provisions. It is enforceable as a Board rule. If the rule purported to add a license category the statute does not authorize, it would be invalid to that extent.
Traps that cost marks
Do not treat DORA and the Board as the same body. Do not cite pre-2019 article numbers. Do not assume Board rules are merely advisory. Do not assume a rule can override the statute. Do not assume sunset automatically ends licensure.