Toward a Future in Psychotherapy; Issues with DORA and others
By the Colorado Association of Psychotherapists
For over four decades, attorney Robert A. Lees has been a steadfast advocate for mental health professionals in Colorado. As founder of Robert A. Lees & Associates, his work has centered on helping therapists, counselors, and psychotherapists navigate the complex landscape of legal, ethical, and regulatory challenges that come with professional practice.
During his recent discussion with members of the Colorado Association of Psychotherapists (CAP), Lees provided a candid and deeply informative look into the realities of working with the Department of Regulatory Agencies (DORA)—and what practitioners can do to protect themselves, their clients, and their licenses.
The Legal Landscape for Mental Health Professionals
Lees began by reflecting on his extensive experience—first as a district attorney and later as a legal representative for thousands of therapists across Colorado. He emphasized that DORA’s role has evolved significantly over time, becoming more enforcement-oriented than supportive. “DORA’s focus today is on protecting the consumer,” he explained. “They are not your friends.”
This shift underscores the importance of professional vigilance. From proper documentation to understanding boundaries, Lees reminded practitioners that most grievances can be avoided—or successfully dismissed—when clear ethical and procedural safeguards are in place. His firm maintains a 95% dismissal rate for grievances, a testament to the power of preparation and sound legal defense.
Disclosure, Documentation, and Defense
A key takeaway from Lees’ presentation was the importance of maintaining a strong disclosure statement. “If you disclose it, you can do it—so long as it doesn’t violate the law,” he explained. This document serves as a therapist’s first line of defense in the event of a complaint.
Equally critical is documentation. DORA’s most common allegation, according to Lees, is inadequate recordkeeping. He urged therapists to shift from “less is more” to detailed, timely, and accurate note-taking, distinguishing clearly between progress notes (objective session summaries) and process notes (personal reflections and clinical impressions).
Navigating Common Legal Pitfalls
Lees addressed frequent issues that lead to grievances, including:
- Boundary violations and dual relationships
- Failure to report child or elder abuse
- Improper teletherapy practices across state lines
- Responding to subpoenas and court testimony
- Coaching vs. therapy distinctions—and how to protect both practices legally
He also discussed emerging complexities such as therapists providing telehealth to clients temporarily out of state, warning that even brief contact could be considered unauthorized practice elsewhere.
Moving Forward with Confidence
Despite the daunting regulatory climate, Lees expressed deep respect for Colorado’s psychotherapists: “You entered this profession to help people. You have gifts I don’t have. My job is to protect you so you can do your work safely.”
As DORA regulations continue to evolve, education, consultation, and community will remain the best safeguards. CAP will continue to provide opportunities for mental health professionals to learn from experts like Robert Lees—ensuring practitioners are informed, empowered, and protected.
Robert A Lees Website
Contact information
5655 S. Yosemite St.
Suite 350
Greenwood Village, Colorado 80111
Phone: 303–292–1020
Email: info@robertalees.com
Website: https://www.robertalees.com/
