Unprofessional Conduct, Disciplinary Process, and Ethics Enforcement
Unprofessional conduct
C.R.S. 12-245-224 defines unprofessional conduct for mental health licensees. The list includes sexual contact with a client, practicing outside the scope of the license, failing to report child abuse or an at-risk adult, breaching confidentiality, fraud or misrepresentation, practicing while impaired, failing to maintain adequate records, false advertising, fee splitting, failing to cooperate with a Board investigation, and violating a Board order. The Board can discipline for conduct that occurs in person or through telehealth, and for conduct that harms the public even if it is not criminal.
Disciplinary process
A complaint is filed with DORA's Division of Professions and Occupations. The Division investigates and may seek an interim suspension if there is imminent danger to the public. The Board reviews the case, and the licensee receives notice and an opportunity for a hearing before an administrative law judge in the Office of Administrative Courts under the State Administrative Procedure Act, C.R.S. 24-4-105. The Board issues the final agency order. Sanctions include reprimand, probation with conditions, suspension, revocation, fines, and costs. The licensee may appeal to the Colorado Court of Appeals.
Worked example
A client files a complaint that her LMFT disclosed her diagnosis to the client's employer. The therapist says the client "opened the door" by complaining. That is not a blanket waiver of confidentiality. The Board may investigate and discipline if the disclosure was not authorized by law or consent. The client's complaint does not by itself permit the therapist to release treatment information; the therapist must cooperate with the investigation while asserting applicable privileges.
Traps that cost marks
Do not assume a criminal conviction is required for discipline. Do not assume the ethics code is the only standard; the Act and Board rules independently define unprofessional conduct. Do not ignore the duty to cooperate with an investigation. Do not assume resigning a license ends the Board's jurisdiction over past conduct. Do not miss the difference between an ALJ hearing and a Board final order.