expert witness

Psychotherapists, have you been asked to testify in court as an expert witness?

Testifying in court is an adversarial process and not for the faint of heart. Before committing to appear as an expert witness get informed!

Attorney Jim Carr, CAP’s legal advisor to the board, graciously provided these resources to prepare you to testify in court.

Jim responded to questions about appearing as an expert witness in CAP’s Sep 2021 Town Hall Meeting. To see Jim’s response, click on the link to the video recording of the meeting and skip to the time 1:11:33.

Jim Carr serves on the Advisory Board of CAP and is an attorney handling practice issues and cases with DORA. He can be contacted at:

Business Email:

jimcarrlaw@live.com

Business Phone: 

(303) 513-0026

How to maintain a PRactice as an Unlicensed Psychotherapists Under the New Laws in Colorado

On July 14, 2020, the Governor of Colorado signed into law HB20-1206, a bill that impacts the right to practice by those previously titled Registered Psychotherapists who are now titled, Unlicensed Psychotherapists. 

  • Title Change: The title “Registered Psychotherapist” is changed to “Unlicensed Psychotherapist“. All Unlicensed Psychotherapists registered with DORA in Colorado need to update their Mandatory Disclosure Statement to indicate they are Unlicensed Psychotherapists.
  • Registration Closed: New registrations are prohibited in the DORA database for the title Unlicensed Psychotherapists (formerly Registered Psychotherapists.) Anyone who did not apply for or have current registration as an Unlicensed Psychotherapist in the DORA database as of July 14, 2020, cannot become one.
  • Lapsed Registrations: Unlike the past, there is no grace period for lapsed registrations, so plan ahead.
  • Grandfathering: Unlicensed Psychotherapists with current DORA registration can continue to practice psychotherapy provided your registration never lapses. 
  • Mandatory Disclosure Statement: The new Colorado statute requires Unlicensed Psychotherapists to replace the term “Registered Psychotherapist” with “Unlicensed Psychotherapist” in their Mandatory Disclosure Statement. Please update your forms ASAP. For information from DORA, the link to their website page for Unlicensed Psychotherapists here. [updated Aug 9, 2020]

CAP Membership Supports Your Right To Practice

CAP continues to represent the interests of Unlicensed Psychotherapists in Colorado. CAP’s mission, ‘protecting the right to practice’ is more important now than ever. We suffered a major setback in HB20-1206 and must continue to fight for the right for Unlicensed Psychotherapists to continue practicing. The lobbyists for the organizations that lobbied successfully to close the registration for Unlicensed Psychotherapists are not satisfied. They have voiced an intent to eliminate Unlicensed Psychotherapists entirely in the next legislative session. CAP membership supports our legislative effort to protect the right to practice in order to maintain public access to diverse mental health professionals.

CAP uses membership dues to pay a professional lobbyist to represent the interests of Unlicensed Psychotherapists. Our focus this coming session will be protecting the right to practice psychotherapy.

We believe in the public’s right to choose from a diversity of mental health treatment options. Please join CAP. Maintain your right to practice and help expand access to diverse mental health care during this pandemic not reduce and eliminate mental health services.

We will update this post as we learn more about the new law. Thanks for your continued support!

 

Legal Considerations For Registered Psychotherapists

We wish to thank James Carr, Esq. for his decades’ long devotion to helping Colorado Registered Psychotherapists and Colorado Association of Psychotherapists with legal advice and wise counsel. This page is dedicated to Jim’s tips. Please visit  Carr Law Colorado for Jim’s contact information and more details about Jim’s law practice. 

MANDATORY DISCLOSURE TIPS

During registration with the state, DORA requires submission of your Mandatory Statement. During your registration process and prior to submission, DORA lists the items to include, as well as required text that can be copy/pasted into your mandatory statement. You personalize your statement and then submit it to DORA to be included in their database. The submission process is guided and a fairly streamlined step of the registration process with the state.
Since the mental health professions now have a 7 year statute of limitations for complaints filed against them with DORA, based on the fact that we are required to keep records for 7 years and can dispose of them after that, it would make sense to include that fact on your mandatory statement, if you’d like to. 
CAP offers workshops for creating/personalizing your Mandatory Statement. Please contact President@ColoradoPsychotherapists.com for more details.

Check back regularly for updates to the mandatory disclosure recommendations.

Continue reading “Legal Tips for Registered Psychotherapists from Jim Carr, Attorney”