{"data":{"id":"us-co/c.r.s.-12-247-117","jurisdiction":"us-co","citation":"C.R.S. § 12-247-117","heading":"Disciplinary action - grounds for discipline.","body":"(1) Pursuant to part 4 of article 20 of this title 12, the board may deny or refuse to renew a license, suspend or revoke a license, impose probationary conditions on a license, issue a cease-and-desist letter, or seek injunctive relief against a licensee or an applicant for licensure who has engaged in one or more of the following grounds for discipline or unprofessional conduct:\n\n(a) Engaging in conduct involving fraud, deceit, misrepresentation, or concealment of material facts in obtaining or attempting to obtain a license or the renewal of a license;\n\n(b) (I) Failing to notify the board, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that impacts the licensee's ability to provide applied behavior analysis services with reasonable skill and safety or that may endanger the health or safety of individuals receiving services;\n\n(II) Failing to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the person unable to practice applied behavior analysis with reasonable skill and safety or that may endanger the health or safety of individuals under the licensee's care;\n\n(III) Failing to comply with the limitations agreed to under a confidential agreement entered into pursuant to sections 12-30-108 and 12-247-121; or\n\n(IV) Refusing to submit to a physical or mental examination when ordered by the board pursuant to section 12-247-120;\n\n(c) (I) Violating the requirements of section 12-247-116 or failing to notify the board of the suspension or revocation of the individual's past or currently held license, certificate, or registration required to practice applied behavior analysis in this state or any other jurisdiction; or\n\n(II) Having a license, certificate, or registration suspended or revoked for an action that violates this article 247;\n\n(d) Being convicted of or pleading guilty or nolo contendere to a felony or committing an act specified in section 12-247-106. In considering the disciplinary action, the board is governed by sections 12-20-202 (5) and 24-5-101.\n\n(e) Administering treatment without clinical justification that is demonstrably unnecessary;\n\n(f) Committing an act or omission that is contrary to generally accepted standards of the practice of applied behavior analysis;\n\n(g) Engaging in immoral, dishonorable, unprofessional, or unethical conduct as described in this article 247 or in board rules;\n\n(h) Failing to provide supervision of a licensed assistant behavior analyst, a behavior technician, or any unlicensed individual in the practice of applied behavior analysis; or\n\n(i) Otherwise violating this article 247 or any lawful order or rule of the board.\n\n(2) (a) The board may commence a proceeding to discipline a licensee upon receipt of a complaint against a licensee or by a motion of the board if the board has reasonable grounds to believe that the licensee has committed an act or omission described in this section or has violated a lawful order or rule of the board.\n\n(b) In any proceeding commenced under this section, the board may accept as evidence of grounds for disciplinary action a disciplinary action taken against a licensee, certificant, or registrant in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 247 or a rule adopted by the board.\n\n(3) The board shall conduct disciplinary proceedings in accordance with section 12-20-403 and article 4 of title 24. The board may exercise all powers and duties conferred by this article 247 during the disciplinary proceedings.\n\n(4) Investigations, examinations, hearings, meetings, or any other proceedings of the board conducted pursuant to this section are exempt from any law requiring that proceedings of the board be conducted publicly or that the minutes or records of the board with respect to action of the board taken pursuant to this section be open to public inspection. This subsection (4) does not apply to investigations, examinations, hearings, meetings, or any other proceedings or records of the board related to the unlicensed practice of applied behavior analysis.\n\n(5) The board may seek an injunction in accordance with section 12-20-406 to enjoin a person from committing an act prohibited by this article 247.\n\n(6) A final action of the board is subject to judicial review pursuant to section 12-20-408.\n\n(7) The board may issue a cease-and-desist order under the circumstances and in accordance with the procedures specified in section 12-20-405.\n\n(8) The board may send a letter of admonition to a licensee under the circumstances specified in and in accordance with section 12-20-404 (4).\n\n(9) The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5).\n\n(10) In addition to disciplinary actions authorized by section 12-20-404, the board may impose probationary status on a licensee. If the board places a licensee on probation, the board may include conditions for continued practice that the board deems appropriate to ensure that the licensee is physically, mentally, and otherwise qualified to practice in accordance with generally accepted professional standards of practice, including any of the following:\n\n(a) Order a licensee to submit to an examination to determine the licensee's physical or mental condition or professional qualifications;\n\n(b) Participation in therapy or courses of training or education the board determines necessary to correct deficiencies found either in a hearing or by an examination;\n\n(c) Review or supervision of the licensee's practice as may be necessary to determine the quality of, and correct any deficiencies in, that practice; and\n\n(d) The imposition of restrictions upon the nature of the licensee's practice to ensure that the licensee does not practice beyond the limits of the licensee's capabilities.\n\n(11) Any licensee against whom a malpractice claim is settled or a judgment is rendered in a court of competent jurisdiction shall notify the board of the settlement or judgment within sixty days after the disposition.\n\n(12) Any licensee who has direct knowledge that a licensee has violated this article 247 has a duty to report the violation to the board unless reporting the violation would violate the prohibition against disclosure of confidential information without client consent.","path":["Title 12 - PROFESSIONS AND OCCUPATIONS","Article 247 - Behavior Analysts and Assistant Behavior Analysts"],"source_url":"https://olls.info/crs/crs2026-title-12.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"36c88598c82d104c6554615bd8c205316b2f9ec1f762d1d34a47ebcdbdea2cdb","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-12-247-116","next":"us-co/c.r.s.-12-247-118"},"notice":"GroundRules: Original legal text. Not legal advice."}