Bill Text: AZ HB2068 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Behavior analysts; regulatory board
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2024-03-05 - Senate read second time [HB2068 Detail]
Download: Arizona-2024-HB2068-Engrossed.html
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House Engrossed
behavior analysts; regulatory board |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE BILL 2068 |
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An Act
amending title 32, Arizona Revised Statutes, by adding chapter 4; providing for transferring and renumbering; amending sections 32-401 and 32-402, Arizona Revised Statutes, as transferred and renumbered; amending title 32, chapter 4, article 1, Arizona Revised Statutes, by adding sections 32-403, 32-404 and 32-405; amending sections 32-406, 32-407, 32-421, 32-422, 32-423, 32-424, 32-425, 32-426, 32-441, 32-443, 32-444 and 32-445, Arizona Revised Statutes, as transferred and renumbered; amending sections 32-1603, 32-2061, 32-2062, 32-2063, 32-2065, 32-3101, 32-3201, 32-3218, 36-3601, 36-3607, 41-619.51, 41-1092, 41-1758 and 41-1758.01, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3033.01; appropriating monies; relating to behavior analysts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, Arizona Revised Statutes, is amended by adding chapter 4, to read:
CHAPTER 4
BEHAVIOR ANALYSTS
ARTICLE 1. STATE BOARD OF BEHAVIOR ANALYSTS
ARTICLE 2. LICENSURE
ARTICLE 3. REGULATION
Sec. 2. Transfer and renumber
Title 32, chapter 19.1, article 4, Arizona Revised Statutes, is transferred and renumbered for placement in title 32, Arizona Revised Statutes, as chapter 4, articles 1, 2 and 3, as added by this act. The following sections are transferred and renumbered for placement in title 32, chapter 4, article 1:
Former Sections New Sections
32-2091 ………………………………………………………………………………………………………………………………………… 32-401
32-2091.15 ………………………………………………………………………………………………………………………………… 32-402
32-2091.01 ………………………………………………………………………………………………………………………………… 32-406
32-2091.14 ………………………………………………………………………………………………………………………………… 32-407
The following sections are transferred and renumbered for placement in title 32, chapter 4, article 2:
Former Sections New Sections
32-2091.02 ………………………………………………………………………………………………………………………………… 32-421
32-2091.03 ………………………………………………………………………………………………………………………………… 32-422
32-2091.04 ………………………………………………………………………………………………………………………………… 32-423
32-2091.06 ………………………………………………………………………………………………………………………………… 32-424
32-2091.07 ………………………………………………………………………………………………………………………………… 32-425
32-2091.08 ………………………………………………………………………………………………………………………………… 32-426
The following sections are transferred and renumbered for placement in title 32, chapter 4, article 3:
Former Sections New Sections
32-2091.09 ………………………………………………………………………………………………………………………………… 32-441
32-2091.10 ………………………………………………………………………………………………………………………………… 32-442
32-2091.11 ………………………………………………………………………………………………………………………………… 32-443
32-2091.12 ………………………………………………………………………………………………………………………………… 32-444
32-2091.13 ………………………………………………………………………………………………………………………………… 32-445
Sec. 3. Section 32-401, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-401. Definitions
In this article chapter, unless the context otherwise requires:
1. "Active license" means a current license issued by the board to a person who is licensed to practice behavior analysis pursuant to this article chapter.
2. "Adequate records" means records that contain, at a minimum, sufficient information to identify the client, the dates of service, the fee for service, the payments for service and the type of service given and copies of any reports that may have been made.
3. 2. "Behavior analysis":
(a) Means the design, implementation and evaluation of systematic environmental modifications by a behavior analyst to produce socially significant improvements in human behavior based on the principles of behavior identified through the experimental analysis of behavior. Behavior analysis
(b) Does not include cognitive therapies or psychological testing, neuropsychology, psychotherapy, sex therapy, psychoanalysis, hypnotherapy and long-term counseling as treatment modalities.
4. 3. "Behavior analysis services":
(a) Means the use of behavior analysis to assist a person to learn new behavior, increase existing behavior, reduce existing behavior and emit behavior under precise environmental conditions. Behavior analysis
(b) Includes behavioral programming and behavioral programs.
5. 4. "Behavior analyst" means a person who is licensed pursuant to this article chapter to practice behavior analysis.
5. "Board" means the state board of behavior analysts.
6. "Client" means:
(a) A person or entity that receives behavior analysis services.
(b) A corporate entity, a governmental entity or any other organization that has a professional contract to provide services or benefits primarily to an organization rather than to an individual.
(c) An individual's legal guardian for decision making decision-making purposes, except that the individual is the client for issues that directly affect the individual's physical or emotional safety and issues that the legal guardian agrees to specifically reserve to the individual.
7. "Exploit" means an action by a behavior analyst who takes undue advantage of the professional association with a client, student or supervisee for the advantage or profit of the behavior analyst.
8. "Health care institution" means a facility that is licensed pursuant to title 36, chapter 4, article 1.
9. "Incompetent as a behavior analyst" means that a person who is licensed pursuant to article 4 of this chapter lacks the knowledge or skills of a behavior analyst to a degree that is likely to endanger the health of a client.
10. "Letter of concern" means an advisory letter to notify a licensee that while there is insufficient evidence to support disciplinary action the board believes the licensee should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in action against the license.
11. "Supervisee":
(a) Means a person who acts under the extended authority of a behavior analyst to provide behavioral behavior analysis services. and
(b) Includes a person who is in training to provide these services.
12. "Unprofessional conduct" includes the following activities, whether occurring in this state or elsewhere:
(a) Obtaining a fee by fraud or misrepresentation.
(b) Betraying professional confidences.
(c) Making or using statements of a character tending to deceive or mislead.
(d) Aiding or abetting a person who is not licensed pursuant to this article chapter in representing that person as a behavior analyst.
(e) Committing gross negligence in the practice of a behavior analyst.
(f) Engaging in sexual intimacies or sexual intercourse with a current client or a supervisee or with a former client within two years after the cessation or termination of treatment. For the purposes of this subdivision, "sexual intercourse" has the same meaning prescribed in section 13-1401.
(g) Engaging or offering to engage as a behavior analyst in activities that are not congruent with the behavior analyst's professional education, training and experience.
(h) Failing or refusing to maintain and retain adequate business, financial or professional records pertaining to the behavior analysis services provided to a client.
(i) Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.
(j) Making a fraudulent or untrue statement to the board or its investigators, staff or consultants.
(k) Violating any federal or state law that relates to the practice of behavior analysis or to obtain a license to practice behavior analysis.
(l) Practicing behavior analysis while impaired or incapacitated to the extent and in a manner that jeopardizes the welfare of a client or renders the services provided ineffective.
(m) Using fraud, misrepresentation or deception to obtain or attempt to obtain a behavior analysis license or to pass or attempt to pass a behavior analysis licensing examination or in assisting another person to do so.
(n) Committing unprofessional conduct in another jurisdiction that resulted in censure, probation or a civil penalty or in the denial, suspension, restriction or revocation of a certificate or license to practice as a behavior analyst.
(o) Providing services that are unnecessary or unsafe or otherwise engaging in activities as a behavior analyst that are unprofessional by current standards of practice.
(p) Falsely or fraudulently claiming to have performed a professional service, charging for a service or representing a service as the licensee's own if the licensee has not rendered the service or assumed supervisory responsibility for the service.
(q) Representing activities or services as being performed under the licensee's supervision if the behavior analyst has not assumed responsibility for them and has not exercised control, oversight and review.
(r) Failing to obtain a client's informed and written consent to release personal or otherwise confidential information to another party unless the release is otherwise authorized by law.
(s) Failing to make client records in the behavior analyst's possession promptly available to another behavior analyst on receipt of proper authorization to do so from the client, a minor client's parent, the client's legal guardian or the client's authorized representative or failing to comply with title 12, chapter 13, article 7.1.
(t) Failing to take reasonable steps to inform or protect a client's intended victim and inform the proper law enforcement officials if the behavior analyst becomes aware during the course of providing or supervising behavior analysis services that a client intends or plans to inflict serious bodily harm on another person.
(u) Failing to take reasonable steps to protect a client if the behavior analyst becomes aware during the course of providing or supervising behavior analysis services that a client intends or plans to inflict serious bodily harm on self.
(v) Abandoning or neglecting a client in need of immediate care without making suitable arrangements for continuation of the care.
(w) Engaging in direct or indirect personal solicitation of clients through the use of coercion, duress, undue influence, compulsion or intimidation practices.
(x) Engaging in false, deceptive or misleading advertising.
(y) Exploiting a client, student or supervisee.
(z) Failing to report information to the board regarding a possible act of unprofessional conduct committed by another behavior analyst who is licensed pursuant to this article chapter unless this reporting violates the behavior analyst's confidential relationship with a client pursuant to this article chapter. A behavior analyst who reports or provides information to the board in good faith is not subject to an action for civil damages.
(aa) Violating a formal board order, consent agreement, term of probation or stipulated agreement issued under this article chapter.
(bb) Failing to furnish information in a timely manner to the board or its investigators or representatives if requested or subpoenaed by the board as prescribed by this article chapter.
(cc) Failing to make available to a client or to the client's designated representative, on written request, a copy of the client's record, excluding raw test data, psychometric testing materials and other information as provided by law.
(dd) Violating an ethical standard adopted by the board.
(ee) Representing oneself as a psychologist or permitting allowing others to do so if the behavior analyst is not also licensed as a psychologist pursuant to this chapter 19.1 of this title.
Sec. 4. Section 32-402, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-402. Board; members; qualifications; appointments; terms; training; vacancies; compensation; immunity
A. The committee on state board of behavior analysts is established within the state board of psychologist examiners consisting of five seven members who are appointed by the governor and who serve at the pleasure of the governor pursuant to section 38-211.
B. Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment. Each board member shall serve for a term of five years beginning and ending on the third Monday in January. A committee board member may not serve more than two full consecutive terms.
B. C. All Five members of the committee board shall be licensed behavior analysts in professional practice, and two of whom shall be members of the board shall be public members who are not eligible for licensure and who do not have a household member who is eligible for licensure under this chapter. The committee board shall annually elect a chairperson from among its membership.
C. D. Within one year after their initial appointment to the committee board, members shall receive at least five hours of training prescribed by the board that includes instruction in ethics and open meeting requirements.
E. A vacancy on the board occurring other than by expiration of the term shall be filled by appointment by the governor for the unexpired term as provided in this section. The governor, after a hearing, may remove any member of the board for misconduct, incompetency or neglect of duty.
D. F. Committee Board members shall receive compensation in the amount of $100 for each cumulative eight hours of actual service in the business of the board and reimbursement of all expenses pursuant to title 38, chapter 4, article 2.
E. The committee shall make recommendations to the board on all matters relating to the licensing and regulation of behavior analysts. The committee may recommend regulatory changes to the board that are not specific to an individual licensee, but the committee shall obtain public input from behavior analyst licensees or their designated representatives before making any final recommendation to the board.
G. Members of the board and its employees and consultants are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.
Sec. 5. Title 32, chapter 4, article 1, Arizona Revised Statutes, as added by this act, is amended by adding sections 32-403, 32-404 and 32-405, to read:
32-403. Powers and duties
A. The board shall:
1. Administer and enforce this chapter and board rules.
2. Regulate disciplinary actions, the granting, denial, revocation, renewal and suspension of licenses and the rehabilitation of licensees pursuant to this chapter and board rules.
3. Prescribe the form, content and manner of applications for initial licensure and renewal of licensure and set deadlines for the receipt of materials required by the board.
4. Keep a record of all licensees, board actions taken on all applicants and licensees and the receipt and disbursal of monies.
5. Adopt an official seal for attesting licenses and other official papers and documents.
6. Investigate charges of violations of this chapter and board rules and orders.
7. Subject to title 41, chapter 4, article 4, employ an executive director who serves at the pleasure of the board consistent with subsection D of this section.
8. Annually elect from among its membership a chairperson, a vice chairperson and a secretary who serve at the pleasure of the board.
9. Adopt rules pursuant to title 41, chapter 6 to carry out this chapter and to define unprofessional conduct.
10. By rule, adopt a code of ethics relating to the practice of behavior analysis. The board shall apply the code to all board enforcement policies and disciplinary case evaluations.
11. Adopt rules regarding the use of telehealth consistent with title 36, chapter 36, article 1.
12. Require each applicant for initial licensure or license renewal pursuant to this chapter to have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. If an applicant is issued a valid fingerprint clearance card, the applicant shall submit the valid fingerprint clearance card to the board with the completed application. If an applicant applies for a fingerprint clearance card and is denied, the applicant may request that the board consider the application for licensure notwithstanding the absence of a valid fingerprint clearance card. The board, in its discretion, may approve an application for licensure despite the denial of a valid fingerprint clearance card if the board determines that the applicant's criminal history information on which the denial is based does not alone disqualify the applicant from licensure.
B. Subject to title 41, chapter 4, article 4, the board may employ personnel it deems necessary to carry out this chapter. The board, in investigating violations of this chapter, may employ investigators who may be behavior analysts. The board or its executive director may take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents and other information relating to the investigation or hearing.
C. Subject to section 35-149, the board may accept, expend and account for gifts, grants, devises and other contributions, monies or property from any public or private source, including the federal government. The board shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this subsection in special funds for the purpose specified, and monies in these funds are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
D. The executive director of the state board of psychologist examiners shall also serve as the executive director of the state board of behavior analysts. Both boards shall jointly select the executive director. The executive director shall hire staff to serve the state board of behavior analysts. Compensation for all personnel shall be determined pursuant to section 38-611.
32-404. Meetings; committees; quorum
A. The board shall hold regular quarterly meetings at a time and place determined by the chairperson. The board shall hold special meetings the chairperson determines necessary to carry out the functions of the board.
B. The chairperson may establish committees from the board membership necessary to carry out the functions of the board. The board may establish committees of behavior analysts to act as consultants to the board. Members of consultant committees are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
C. A majority of board members constitutes a quorum, and a majority vote of a quorum present is necessary for the board to take any action.
32-405. State board of behavior analysts fund
A. The state board of behavior analysts fund is established consisting of fees collected pursuant to this chapter. The board shall administer the fund.
B. Except as provided in sections 32-403 and 32-441, the board shall deposit, pursuant to sections 35-146 and 35-147, Ninety percent of all monies collected under this chapter in the state board of behavior analysts fund and the remaining ten percent in the state general fund.
C. Monies deposited in the state board of behavior analysts fund are subject to section 35-143.01.
Sec. 6. Section 32-406, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-406. Fees
A. The board, by a formal vote, shall establish fees for the following relating to the licensure of behavior analysts:
1. An application for an active license.
2. An application for a temporary license.
3. 2. An application for renewal of an active license.
4. 3. Issuance of an initial license.
4. Issuance of a renewal license.
B. The board may charge additional fees for services it deems necessary and appropriate to carry out this article chapter. These fees shall not exceed the actual cost of providing the service.
C. The board shall not refund fees except as otherwise provided in this article chapter. On special request and for good cause, the board may return the license renewal fee.
Sec. 7. Section 32-407, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-407. Status as behavioral health professional
Notwithstanding any law to the contrary, the Arizona health care cost containment system administration shall recognize a behavior analyst who is licensed pursuant to this article chapter as a behavioral health professional who is eligible for reimbursement of services.
Sec. 8. Section 32-421, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-421. Qualifications of applicant
A person who wishes to practice as a behavior analyst must be licensed pursuant to this article chapter. An applicant for licensure must meet all of the following requirements:
1. Submit an application as prescribed by the board.
2. Be at least twenty-one years of age.
3. Pay all applicable fees prescribed by the board.
4. Have the physical and mental capability to safely and competently engage in the practice of behavior analysis.
5. Not have committed any act or engaged in any conduct that would constitute grounds for disciplinary action against a licensee pursuant to this article Chapter.
6. Not have had a professional license or certificate refused, revoked, suspended or restricted in any regulatory jurisdiction in the United States or in another country for reasons that relate to unprofessional conduct. If the board finds that the applicant committed an act or engaged in conduct that would constitute grounds for disciplinary action in this state, the board shall determine to its satisfaction that the conduct has been corrected, monitored and resolved. If the matter has not been resolved, the board shall determine to its satisfaction that mitigating circumstances exist that prevent its resolution.
7. Not have voluntarily surrendered a license or certificate in another regulatory jurisdiction in the United States or in another country while under investigation for reasons that relate to unprofessional conduct. If another jurisdiction has taken disciplinary action against an applicant, the board shall determine to its satisfaction that the cause for the action was corrected and the matter resolved. If the matter has not been resolved by that jurisdiction, the board shall determine to its satisfaction that mitigating circumstances exist that prevent its resolution.
8. Not have a complaint, allegation or investigation pending before another regulatory jurisdiction in the United States or another country that relates to unprofessional conduct. If an applicant has any such complaints, allegations or investigations pending, the board shall suspend the application process and may not issue or deny a license to the applicant until the complaint, allegation or investigation is resolved.
9. Beginning January 1, 2022, Have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
Sec. 9. Section 32-422, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-422. Educational and training standards for licensure
A. An applicant for licensure as a behavior analyst must meet standards adopted by the state board of psychologist examiners behavior analysts, including meeting graduate-level education and supervised experience requirements and passing a national examination. The state board of psychologist examiners behavior analysts shall adopt standards consistent with the standards set by a nationally recognized behavior analyst certification board, except that:
1. The number of hours required for supervised experience must be at least one thousand five hundred hours of supervised work experience.
2. if the experience was obtained in a state that licensed behavior analysts at the time of the supervised work experience, the supervisor must be licensed in the state where the behavior analysis trainee services were provided.
B. The standards adopted for supervised experience must also be consistent with the standards set by a nationally recognized behavior analyst certification board. If the state board of psychologist examiners behavior analysts does not agree with a standard set by a nationally recognized behavior analyst certification board, the state board of behavior analysts may adopt an alternate standard.
Sec. 10. Section 32-423, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-423. Reciprocity
The board may issue a license to a person as a behavior analyst if the person is licensed or certified by a regulatory agency of another state that imposes requirements that are substantially equivalent to those imposed by this article chapter at an equivalent or higher practice level as determined by the board, pays the fee prescribed by the board and meets all of the following requirements:
1. Submits a written application prescribed by the board.
2. Documents to the board's satisfaction proof of initial licensure or certification at an equivalent designation for which the applicant is seeking licensure in this state and proof that the license or certificate is current and in good standing.
3. Documents to the board's satisfaction proof that any other license or certificate issued to the applicant by another state has not been suspended or revoked. If a licensee or certificate holder has been subjected to any other disciplinary action, the board may assess the magnitude of that action and make a decision regarding reciprocity based on this assessment.
4. Meets any other requirements prescribed by the board by rule.
Sec. 11. Section 32-424, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-424. Inactive status; reinstatement to active status
A. If the board requires an additional examination, it may issue a temporary license to a behavior analyst who is licensed or certified under the laws of another jurisdiction if the behavior analyst applies to the board for licensure and meets the educational, experience and first examination requirements of this article.
B. A temporary license issued pursuant to this section is effective from the date the application is approved until the last day of the month in which the applicant receives the results of the additional examination.
C. The board shall not extend, renew or reissue a temporary license or allow it to continue in effect beyond the period authorized by this section.
D. The board's denial of an application for licensure terminates a temporary license.
E. A. The board may place on inactive status and waive the license renewal fee requirements for a person who is temporarily or permanently unable to practice as a behavior analyst due to physical or mental incapacity or disability. An initial request for the waiver of renewal fees shall be accompanied by the renewal fee for an active license, which the board shall return if the waiver is granted. The board shall judge each request for the waiver of renewal fees on its own merits and may seek the verification it deems necessary to substantiate the facts of the situation. A behavior analyst who is retired is exempt from paying the renewal fee. A behavior analyst may request voluntary inactive status by submitting to the board an application on a form prescribed by the board and an affirmation that the behavior analyst will not practice as a behavior analyst in this state for the duration of the voluntary inactive status and by paying the required fee as prescribed by the board by rule.
F. B. A behavior analyst who is on any form of inactive status shall renew the inactive status every two years by submitting a renewal form provided by the board and paying any applicable fee as prescribed by the board by rule. A notice to renew is fully effective by mailing the renewal application to the licensee's last known address of record in the board's file. Notice is complete at the time of its deposit in the mail. A behavior analyst who is on inactive status due to physical or mental incapacity or disability or retirement shall use the term "inactive" to describe the person's status and shall not practice as a behavior analyst.
G. C. A behavior analyst on inactive status may request reinstatement of the license to active status by applying to the board. The board shall determine whether the person has been or is in violation of any provisions of this article chapter and whether the person has maintained and updated the person's professional knowledge and capability to practice as a behavior analyst. The board may require the person to take or retake the licensure examinations and may require other knowledge or skill training experiences. If approved for active status, the person shall pay a renewal fee that equals the renewal fee for the license to be reinstated.
H. Beginning January 1, 2022, an applicant for a temporary license pursuant to this section shall have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
Sec. 12. Section 32-425, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-425. Active license; issuance; renewal; expiration; continuing education
A. If the applicant satisfies all of the requirements for licensure pursuant to this article chapter, the board shall issue an active license and shall prorate the fee for issuing that license for the period remaining until the last day of the birth month of the applicant of the next odd-numbered year or even-numbered year pursuant to subsection B, paragraph 1 or 2 of this section.
B. A person holding an active or inactive license shall apply to renew the license on or before the last day of the birth month of the licensee every other year as follows:
1. In each odd-numbered year, if the licensee holds an odd-numbered license.
2. In each even-numbered year, if the licensee holds an even-numbered license.
C. The application shall include any applicable renewal fee as prescribed by the board by rule. Except as provided in section 32-4301 or 41-1092.11, a license expires if the licensee fails to renew the license on or before the last day of the licensee's birth month of the licensee's renewal year pursuant to subsection B of this section. A licensee may reinstate an expired license by paying a reinstatement fee as prescribed by the board by rule within two months after the last day of the licensee's birth month of that year. Beginning two months after the last day of the licensee's birth month during the licensee's renewal year until the last day of the licensee's birth month the following year, a licensee may reinstate the license by paying a reinstatement fee as prescribed by the board by rule and providing proof of competency and qualifications to the board. This proof may include continuing education, an oral examination, a written examination or an interview with the board. A licensee whose license is not reinstated within a year after the last day of the licensee's birth month of the licensee's renewal year may reapply for licensure as prescribed by this article. A notice to renew is fully effective by mailing or electronically providing the notice to the licensee's last known address of record or last known email address of record in the board's file. Notice is complete at the time of deposit in the mail or when the email is sent.
D. A person renewing a license shall attach to the completed renewal form a report of disciplinary actions or restrictions placed against the license by another state licensing or disciplinary board or disciplinary actions or sanctions imposed by a state or national behavior analysis ethics committee or health care institution. The report shall include the name and address of the sanctioning agency or health care institution, the nature of the action taken and a general statement of the charges leading to the action.
E. A person who renews an active license to practice behavior analysis in this state shall satisfy a continuing education requirement designed to provide the necessary understanding of current developments, skills, procedures or treatment related to the practice of behavior analysis in the amount and during the period the board prescribes. The board shall prescribe documentation requirements.
F. A person who applies for an initial renewal of a license pursuant to this section on or after January 1, 2022 shall possess or have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
Sec. 13. Section 32-426, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-426. Exemptions from licensure
A. This article chapter does not limit the activities, services and use of a title by the following:
1. A behavior analyst who is employed in a common school, high school or charter school setting and who is certified to use that title by the department of education if the services or activities are a part of the duties of that person's common school, high school or charter school employment.
2. 1. An employee of a government agency in a subdoctorate position who uses the word "assistant" or "associate" after the title and who is supervised by a doctorate position employee who is licensed as a behavior analyst, including a temporary licensee.
3. 2. A matriculated graduate student, or a trainee whose activities are part of a defined behavior analysis program of study, practicum, intensive practicum or supervised independent fieldwork. The practice under this paragraph requires direct supervision consistent with the standards set by a nationally recognized behavior analyst certification board, as determined by the state board of psychologist examiners behavior analysts. A student or trainee may not claim to be a behavior analyst and must use a title that clearly indicates the person's training status, such as "behavior analysis student" or "behavior analysis trainee".
4. 3. A person who resides outside of this state and who is currently licensed or certified as a behavior analyst in that state if the activities and services conducted in this state are within the behavior analyst's customary area of practice, do not exceed twenty days per year and are not otherwise in violation of this article chapter and the client, public or consumer is informed of the limited nature of these activities and services and that the behavior analyst is not licensed in this state.
5. 4. A person in the employ of Arizona state university, northern Arizona university, the university of Arizona or another regionally accredited university in this state if the services are a part of the faculty duties of that person's salaried position and the person is participating in a graduate program.
6. 5. A noncredentialed individual who delivers applied behavior analysis services under the extended authority and direction of a licensed behavior analyst. The individual may not claim to be a professional behavior analyst and must use a title indicating the person's nonprofessional status, such as "ABA technician", "behavior technician" or "tutor".
B. This article chapter does not prevent a member of other recognized professions who is licensed, certified or regulated under the laws of this state from rendering services within that person's scope of practice and code of ethics if that person does not claim to be a behavior analyst.
Sec. 14. Section 32-441, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-441. Grounds for disciplinary action; duty to report; proceedings; board action; notice requirements; civil penalty
A. The board on its own motion may investigate evidence that appears to show that a behavior analyst is incompetent as a behavior analyst, guilty of unprofessional conduct or mentally or physically unable to safely engage in the practice of behavior analysis. A health care institution shall, and any other person may, report to the board information that appears to show that a behavior analyst is incompetent as a behavior analyst, guilty of unprofessional conduct or mentally or physically unable to safely engage in the practice of behavior analysis. The board shall notify the licensee about whom information has been received as to the content of the information within one hundred twenty days after receiving the information. A person who reports or provides information to the board in good faith is not subject to an action for civil damages. The board, if requested, shall not disclose the name of the person providing information unless this information is essential to proceedings conducted pursuant to this section. The board shall report a health care institution that fails to report as required by this section to the institution's licensing agency.
B. A health care institution shall inform the board if the privileges of a licensee to practice in that institution are denied, revoked, suspended or limited because of actions by the licensee that appear to show that the person is incompetent as a behavior analyst, guilty of unprofessional conduct or mentally or physically unable to safely engage in the practice of behavior analysis, along with a general statement of the reasons that led the health care institution to take this action. A health care institution shall inform the board if a licensee under investigation resigns the licensee's privileges or if a licensee resigns in lieu of disciplinary action by the health care institution. Notification must include a general statement of the reasons for the resignation.
C. The board may require the licensee to undergo any combination of mental, physical or psychological competence examinations at the licensee's expense and shall conduct investigations necessary to determine the competence and conduct of the licensee.
D. Except as provided in subsection E of this section, the committee on behavior analysts shall review all complaints against behavior analysts and, based on the information provided pursuant to subsection A or B of this section, shall submit its recommendations to the full board.
E. D. If the board finds, based on the information it receives under subsection A or B of this section, that the public health, safety or welfare requires emergency action, the board may order a summary suspension of a license pending proceedings for revocation or other action. If the board issues this order, the board shall serve the licensee with a written notice of complaint and formal hearing pursuant to title 41, chapter 6, article 10, setting forth the charges made against the licensee and the licensee's right to a formal hearing before the board or an administrative law judge within sixty days. The board shall notify the committee on behavior analysts of any action taken pursuant to this subsection.
F. E. If the board finds that the information provided pursuant to subsection A or B of this section is not of sufficient seriousness to merit direct action against the licensee, the board may take any of the following actions:
1. Dismiss if the board believes the information is without merit.
2. File a letter of concern.
3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
G. F. If the board believes the information provided pursuant to subsection A or B of this section is or may be true, the board may request an informal interview with the licensee. If the licensee refuses to be interviewed or if pursuant to an interview the board determines that cause may exist to revoke or suspend the license, the board shall issue a formal complaint and hold a hearing pursuant to title 41, chapter 6, article 10. If as a result of an informal interview or a hearing the board determines that the facts do not warrant revocation or suspension of the license, the board may take any of the following actions:
1. Dismiss if the board believes the information is without merit.
2. File a letter of concern.
3. Issue a decree of censure.
4. Fix a period and terms of probation best adapted to protect the public health and safety and to rehabilitate or educate the licensee. Probation may include temporary suspension for not more than twelve months, restriction of the license or restitution of fees to a client resulting from violations of this article chapter. If a licensee fails to comply with a term of probation, the board may file a complaint and notice of hearing pursuant to title 41, chapter 6, article 10 and take further disciplinary action.
5. Enter into an agreement with the licensee to restrict or limit the licensee's practice or activities in order to rehabilitate the licensee, protect the public and ensure the licensee's ability to safely engage in the practice of behavior analysis.
6. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
H. G. If the board finds that the information provided pursuant to subsection A or B of this section warrants suspension or revocation of a license, the board shall hold a hearing pursuant to title 41, chapter 6, article 10. Notice of a complaint and hearing is fully effective by mailing a true copy to the licensee's last known address of record in the board's files. Notice is complete at the time of its deposit in the mail.
I. H. The board may impose a civil penalty of at least $300 but not more than $3,000 for each violation of this article chapter or a rule adopted under this article chapter. The board shall deposit, pursuant to sections 35-146 and 35-147, all monies it collects from civil penalties pursuant to this subsection in the state general fund.
J. I. If the board determines after a hearing that a licensee has committed an act of unprofessional conduct, is mentally or physically unable to safely engage in the practice of behavior analysis or is incompetent as a behavior analyst, the board may do any of the following in any combination and for any period of time it determines necessary:
1. Suspend or revoke the license.
2. Censure the licensee.
3. Place the licensee on probation.
K. J. A licensee may submit a written response to the board within thirty days after receiving a letter of concern. The response is a public document and shall be placed in the licensee's file.
L. K. A letter of concern is a public document and may be used in future disciplinary actions against a licensee. A decree of censure is an official action against the behavior analyst's license and may include a requirement that the licensee return fees to a client.
L. The board may not consider a complaint for administrative action if the complaint is filed against a person who is a licensed behavior analyst and who is a member of the board or a staff member of the board or who is acting as an agent of or consultant to the board if the complaint relates to the person's performance of board duties.
M. If the board finds that it can take rehabilitative or disciplinary action at any time during the investigative or disciplinary processes, the board may enter into a consent agreement with the behavior analyst to limit or restrict the behavior analyst's practice or to rehabilitate the behavior analyst in order to protect the public and ensure the behavior analyst's ability to safely engage in the practice of behavior analysis. The board may also require the behavior analyst to successfully complete a board-approved rehabilitative, retraining or assessment program at the behavior analyst's expense.
M. N. Except as provided in section 41-1092.08, subsection H, a person may appeal a final decision made pursuant to this section to the superior court pursuant to title 12, chapter 7, article 6.
N. O. If during the course of an investigation the board determines that a criminal violation may have occurred involving the delivery of behavior analysis services, it the board shall inform the appropriate criminal justice agency.
Sec. 15. Section 32-443, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-443. Injunction
A. The board may petition the superior court for an order to enjoin the following:
1. A person who is not licensed pursuant to this article chapter from practicing behavior analysis.
2. The activities of a licensee that are an immediate threat to the public.
3. Criminal activities.
B. If the board seeks an injunction to stop the unlicensed practice of behavior analysis, it is sufficient to charge that the respondent on a certain day in a specific county engaged in the practice of behavior analysis without a license and without being exempt from the licensure requirements of this article chapter. It is not necessary to show specific damages or injury.
C. The issuance of an injunction does not limit the board's authority to take other action against a licensee pursuant to this article chapter.
Sec. 16. Section 32-444, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-444. Violations; classification
A. It is a class 2 misdemeanor for a person who is not licensed pursuant to this article chapter to engage in the practice of behavior analysis.
B. It is a class 2 misdemeanor for any person to:
1. Secure a license to practice pursuant to this article chapter by fraud or deceit.
2. Impersonate a member of the board in order to issue a license to practice pursuant to this article chapter.
C. It is a class 2 misdemeanor for a person who is not licensed pursuant to this article chapter to use any combination of words, initials and symbols that leads the public to believe the person is licensed to practice behavior analysis in this state.
Sec. 17. Section 32-445, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-445. Confidential communications
A. The confidential relations and communications between a client and a person who is licensed pursuant to this article, including temporary licensees, chapter are placed on the same basis as those provided by law between an attorney and client. Unless the client waives the behavior analyst-client privilege in writing or in court testimony, a behavior analyst shall not voluntarily or involuntarily divulge information that is received by reason of the confidential nature of the behavior analyst's practice. The behavior analyst shall divulge to the board information it requires in connection with any investigation, public hearing or other proceeding. The behavior analyst-client privilege does not extend to cases in which the behavior analyst has a duty to report information as required by law.
B. The behavior analyst shall ensure that client records and communications are treated by clerical and paraprofessional staff at the same level of confidentiality and privilege required of the behavior analyst.
Sec. 18. Section 32-1603, Arizona Revised Statutes, is amended to read:
32-1603. Qualifications of board members
A. Each registered nurse member of the board shall:
1. Be a resident of the this state.
2. Be a graduate of an approved registered nursing program.
3. Be licensed as a registered nurse in this state.
4. Have had at least five years' experience in nursing following graduation, including executive, supervisory or teaching experience in nursing education or nursing service.
5. Have been actively engaged in the practice of nursing or nursing activities for at least three years preceding the appointment.
B. Each licensed practical nurse member of the board shall:
1. Be a resident of this state.
2. Be a graduate of an approved practical nursing program.
3. Be licensed as a licensed practical nurse in this state.
4. Have had at least five years' experience in practical nursing following graduation.
5. Have been actively engaged in the practice of nursing for at least three years preceding the appointment.
C. Each public member of the board shall be a person who:
1. Is not licensed pursuant to chapter 4, 7, 8, 11, 13, 14, 15.1, 16, 17, 18, 19, 19.1, 21, 25 or 29 of this title or this chapter as an individual health care provider.
2. Is not an employee of any health care institution licensed pursuant to title 36, chapter 4 or any authorized insurer providing disability insurance coverage in this state.
3. Does not have a financial interest as a provider in the delivery of health care services.
D. Each licensed nursing assistant or certified nursing assistant member of the board shall either:
1. Be a licensed nursing assistant or a certified nursing assistant pursuant to this chapter and currently practice or have practiced within three years before initial appointment to the board.
2. Within one year before appointment to the board, have been employed as an instructor or coordinator in an approved licensed nursing assistant or certified nursing assistant training program.
E. For at least three years preceding appointment to the board, each registered nurse practitioner or clinical nurse specialist member shall be certified pursuant to this chapter and actively practicing as a registered nurse practitioner, actively engaged in a clinical nurse specialist practice or teaching.
F. Each member of the board shall take and subscribe to the oath prescribed by law for state officers, which shall be filed with the secretary of state.
Sec. 19. Section 32-2061, Arizona Revised Statutes, is amended to read:
32-2061. Definitions
In this chapter, unless the context otherwise requires:
1. "Active license" means a valid and existing license to practice psychology.
2. "Adequate records" means records containing that contain, at a minimum, sufficient information to identify the client or patient, the dates of service, the fee for service, the payments for service, the type of service given and copies of any reports that may have been made.
3. "Board" means the state board of psychologist examiners.
4. "Client" means a person or an entity that receives psychological services. A corporate entity, a governmental entity or any other organization may be a client if there is a professional contract to provide services or benefits primarily to an organization rather than to an individual. If an individual has a legal guardian, the legal guardian is the client for decision-making purposes, except that the individual receiving services is the client or patient for:
(a) Issues that directly affect the physical or emotional safety of the individual, such as sexual or other exploitative relationships.
(b) Issues that the legal guardian agrees to specifically reserve to the individual.
5. "Committee on behavior analysts" means the committee established by section 32-2091.15.
6. 5. "Exploit" means actions by a psychologist who takes undue advantage of the professional association with a client or patient, a student or a supervisee for the advantage or profit of the psychologist.
7. 6. "Health care institution" means a facility as defined in section 36-401.
8. 7. "Letter of concern" means an advisory letter to notify a psychologist that while there is insufficient evidence to support disciplinary action the board believes the psychologist should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in action against the psychologist's license.
9. 8. "Patient" means a person who receives psychological services. If an individual has a legal guardian, the legal guardian is the client or patient for decision-making purposes, except that the individual receiving services is the client or patient for:
(a) Issues that directly affect the physical or emotional safety of the individual, such as sexual or other exploitative relationships.
(b) Issues that the legal guardian agrees to specifically reserve to the individual.
10. 9. "Practice of psychology" means the psychological assessment, diagnosis, treatment or correction of mental, emotional, behavioral or psychological abilities, illnesses or disorders or purporting or attempting to do this consistent with section 32-2076.
11. 10. "Psychologically incompetent" means a person lacking in who lacks sufficient psychological knowledge or skills to a degree likely to endanger the health of clients or patients.
12. 11. "Psychological service" means all actions of the psychologist in the practice of psychology.
13. 12. "Psychologist" means a natural person holding who holds a license to practice psychology pursuant to this chapter.
14. 13. "Supervisee" means any person who functions under the extended authority of the psychologist to provide, or while in training to provide, psychological services.
15. 14. "Telepractice":
(a) Means providing psychological services through interactive audio, video or electronic communication that occurs between the psychologist and the patient or client, including any electronic communication for diagnostic, treatment or consultation purposes in a secure platform, and that meets the requirements of telehealth pursuant to section 36-3602. Telepractice
(b) Includes supervision.
16. 15. "Unprofessional conduct" includes the following activities whether occurring in this state or elsewhere:
(a) Obtaining a fee by fraud or misrepresentation.
(b) Betraying professional confidences.
(c) Making or using statements of a character tending to deceive or mislead.
(d) Aiding or abetting a person who is not licensed pursuant to this chapter in representing that person as a psychologist.
(e) Committing gross negligence in the practice of a psychologist.
(f) Engaging in sexual intimacies or sexual intercourse with a current client or patient or a supervisee or with a former client or patient within two years after the cessation or termination of treatment. For the purposes of this subdivision, "sexual intercourse" has the same meaning prescribed in section 13-1401.
(g) Engaging or offering to engage as a psychologist in activities that are not congruent with the psychologist's professional education, training and experience.
(h) Failing or refusing to maintain and retain adequate business, financial or professional records pertaining to the psychological services provided to a client or patient.
(i) Commission of Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.
(j) Making a fraudulent or untrue statement to the board or its investigators, staff or consultants.
(k) Violating any federal or state laws or rules that relate to the practice of psychology or to obtaining a license to practice psychology.
(l) Practicing psychology while impaired or incapacitated to the extent and in a manner that jeopardizes the welfare of the client or patient or renders the psychological services provided ineffective.
(m) Using fraud, misrepresentation or deception to obtain or attempt to obtain a psychology license or to pass or attempt to pass a psychology licensing examination or in assisting another person to do so.
(n) Committing unprofessional conduct in another jurisdiction that resulted in censure, probation or a civil penalty or in the denial, suspension, restriction or revocation of a certificate or license to practice as a psychologist.
(o) Providing services that are unnecessary or unsafe or otherwise engaging in activities as a psychologist that are unprofessional by current standards of practice.
(p) Falsely or fraudulently claiming to have performed a professional service, charging for a service or representing a service as the licensee's own when the licensee has not rendered the service or assumed supervisory responsibility for the service.
(q) Representing activities or services as being performed under the licensee's supervision if the psychologist has not assumed responsibility for them and has not exercised control, oversight and review.
(r) Failing to obtain a client's or patient's informed and written consent to release personal or otherwise confidential information to another party unless the release is otherwise authorized by law.
(s) Failing to make client or patient records in the psychologist's possession promptly available to another psychologist who is licensed pursuant to this chapter on receipt of proper authorization to do so from the client or patient, a minor client's or patient's parent, the client's or patient's legal guardian or the client's or patient's authorized representative or failing to comply with title 12, chapter 13, article 7.1.
(t) Failing to take reasonable steps to inform or protect a client's or patient's intended victim and inform the proper law enforcement officials in circumstances in which the psychologist becomes aware during the course of providing or supervising psychological services that a the client or patient intends or plans to inflict serious bodily harm on another person.
(u) Failing to take reasonable steps to protect a client or patient in circumstances in which the psychologist becomes aware during the course of providing or supervising psychological services that a the client or patient intends or plans to inflict serious bodily harm on self.
(v) Abandoning or neglecting a client or patient in need of immediate care without making suitable arrangements for continuation of the care.
(w) Engaging in direct or indirect personal solicitation of clients or patients through the use of coercion, duress, undue influence, compulsion or intimidation practices.
(x) Engaging in false, deceptive or misleading advertising.
(y) Exploiting a client or patient, a student or a supervisee.
(z) Failing to report information to the board regarding a possible act of unprofessional conduct committed by another psychologist who is licensed pursuant to this chapter unless this reporting violates the psychologist's confidential relationship with the client or patient pursuant to section 32-2085. Any psychologist who reports or provides information to the board in good faith is not subject to an action for civil damages. For the purposes of this subdivision, it is not an act of unprofessional conduct if a licensee addresses an ethical conflict in a manner that is consistent with the ethical standards contained in the document entitled "ethical principles of psychologists and code of conduct" as adopted by the American psychological association and in effect at the time the licensee makes the report.
(aa) Violating a formal board order, consent agreement, term of probation or stipulated agreement issued under this chapter.
(bb) Failing to furnish information in a timely manner to the board or its investigators or representatives if requested or subpoenaed by the board as prescribed by this chapter.
(cc) Failing to make available to a client or patient or to the client's or patient's designated representative, on written request, a copy of the client's or patient's record, including raw test data, psychometric testing materials and other information as provided by law.
(dd) Violating an ethical standard adopted by the board.
Sec. 20. Section 32-2062, Arizona Revised Statutes, is amended to read:
32-2062. Board; qualifications; appointments; terms; compensation; immunity
A. The state board of psychologist examiners is established consisting of ten eight members who are appointed by the governor pursuant to section 38-211.
B. Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment. Seven Five members shall be licensed pursuant to this chapter, and three shall be public members who are not eligible for licensure. The board shall have at all times, except for the period when a vacancy exists, at least two members who are licensed as psychologists and who are full-time faculty members from universities in this state with a doctoral program in psychology that meets the requirements of section 32-2071, and at least three members who are psychologists in professional practice and at least two members who are behavior analysts in professional practice and who are members of the committee on behavior analysts. The public members shall not have a substantial financial interest in the health care industry and shall not have a household member who is eligible for licensure under this chapter.
C. Each member shall serve for a term of five years beginning and ending on the third Monday in January.
D. A vacancy on the board occurring other than by the expiration of term shall be filled by appointment by the governor for the unexpired term as provided in subsection C of this section. The governor, after a hearing, may remove any member of the board for misconduct, incompetency or neglect of duty.
E. Board members shall receive compensation in the amount of one hundred dollars $100 for each cumulative eight hours of actual service in the business of the board and reimbursement of all expenses pursuant to title 38, chapter 4, article 2.
F. Members of the board and its employees, consultants and test examiners are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.
Sec. 21. Section 32-2063, Arizona Revised Statutes, is amended to read:
32-2063. Powers and duties
A. The board shall:
1. Administer and enforce this chapter and board rules.
2. Regulate disciplinary actions, the granting, denial, revocation, renewal and suspension of licenses and the rehabilitation of licensees pursuant to this chapter and board rules.
3. Prescribe the forms, content and manner of application for initial licensure, temporary licensure and renewal of licensure and set deadlines for the receipt of materials required by the board.
4. Keep a record of all licensees, board actions taken on all applicants and licensees and the receipt and disbursal of monies.
5. Adopt an official seal for attesting licenses and other official papers and documents.
6. Investigate charges of violations of this chapter and board rules and orders.
7. Subject to title 41, chapter 4, article 4, employ an executive director who serves at the pleasure of the board.
8. Annually elect from among its membership a chairman chairperson, a vice chairman chairperson and a secretary, who serve at the pleasure of the board.
9. Adopt rules pursuant to title 41, chapter 6 to carry out this chapter and to define unprofessional conduct.
10. Engage in a full exchange of information with other regulatory boards and psychological associations, national psychology organizations and the Arizona psychological association and its components.
11. By rule, adopt a code of ethics relating to the practice of psychology. The board shall base this code on the code of ethics adopted and published by the American psychological association. The board shall apply the code to all board enforcement policies and disciplinary case evaluations and development of licensing examinations.
12. Adopt rules regarding the use of telepractice.
13. Before the board takes action, receive and consider recommendations from the committee on behavior analysts on all matters relating to licensing and regulating behavior analysts, as well as regulatory changes pertaining to the practice of behavior analysis, except in the case of a summary suspension of a license pursuant to section 32-2091.09, subsection E.
14. 13. Beginning January 1, 2022, Require each applicant for an initial or temporary license or a license renewal pursuant to this chapter to have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. If an applicant is issued a valid fingerprint clearance card, the applicant shall submit the valid fingerprint clearance card to the board with the completed application. If an applicant applies for a fingerprint clearance card and is denied, the applicant may request that the board consider the application for licensure notwithstanding the absence of a valid fingerprint clearance card. The board, in its discretion, may approve an application for licensure despite the denial of a valid fingerprint clearance card if the board determines that the applicant's criminal history information on which the denial is based does not alone disqualify the applicant from licensure.
B. Subject to title 41, chapter 4, article 4, the board may employ personnel it deems necessary to carry out this chapter. The board, in investigating violations of this chapter, may employ investigators who may be psychologists. The board or its executive director may take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents and other information relating to the investigation or hearing.
C. Subject to section 35-149, the board may accept, expend and account for gifts, grants, devises and other contributions, monies or property from any public or private source, including the federal government. The board shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this subsection in special funds for the purpose specified, and monies in these funds are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
D. Compensation for all personnel shall be determined pursuant to section 38-611.
Sec. 22. Section 32-2065, Arizona Revised Statutes, is amended to read:
32-2065. Board of psychologist examiners fund
A. The board of psychologist examiners fund is established.
B. Except as provided in section 32-2063, subsection C and section 32-2081 and section 32-2091.09, subsection I, pursuant to sections 35-146 and 35-147, the board shall deposit, pursuant to sections 35-146 and 35-147, ten percent of all monies collected pursuant to this chapter in the state general fund and deposit the remaining ninety percent in the board of psychologist examiners fund.
C. All monies deposited in the board of psychologist examiners fund are subject to section 35-143.01.
D. All monies deposited in the board of psychologist examiners fund pursuant to section 32-2067 and any monies received pursuant to section 32-2063, subsection C for psychologist licensing and regulation must be used only for the licensing and regulation of psychologists pursuant to this article and articles 2 and 3 of this chapter and may not be used for the licensing and regulation of behavior analysts pursuant to article 4 of this chapter.
E. All monies deposited in the board of psychologist examiners fund pursuant to article 4 of this chapter and any monies received pursuant to section 32-2063, subsection C for behavior analyst licensing and regulation must be used only for the licensing and regulation of behavior analysts pursuant to article 4 of this chapter and may not be used for the licensing and regulation of psychologists pursuant to this article and articles 2 and 3 of this chapter.
F. The board shall establish a separate account in the fund for monies transferred to the fund pursuant to article 4 of this chapter and any monies received pursuant to section 32-2063, subsection C for behavior analyst licensing and regulation.
Sec. 23. Heading repeal
The article heading of title 32, chapter 19.1, article 4, Arizona Revised Statutes, is repealed.
Sec. 24. Section 32-3101, Arizona Revised Statutes, is amended to read:
32-3101. Definitions
In this chapter, unless the context otherwise requires:
1. "Certification" means a voluntary process by which a regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use the word "certified" in a title or designation to perform prescribed health professional tasks.
2. "Grandfather clause" means a provision that is applicable to practitioners who are actively engaged in the regulated health profession before the effective date of a law and that exempts the practitioners from meeting the prerequisite qualifications set forth in the law to perform prescribed occupational tasks.
3. "Health professional group" means any health professional group or organization, any individual or any other interested party that proposes that any health professional group that is not presently regulated be regulated or that proposes to increase the scope of practice of a health profession.
4. "Health professions" means professions that are regulated pursuant to chapter 4, 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39 or 41 of this title, title 36, chapter 6, article 7 or title 36, chapter 17.
5. "Increase the scope of practice" means to engage in conduct beyond the authority granted to a health profession by law.
6. "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety and welfare.
7. "Licensure" or "license" means an individual, nontransferable authorization to carry on a health activity that would otherwise be unlawful in this state in the absence of the permission and that is based on qualifications that include graduation from an accredited or approved program and acceptable performance on a qualifying examination or a series of examinations.
8. "Practitioner" means an individual who has achieved knowledge and skill by practice and who is actively engaged in a specified health profession.
9. "Public member" means an individual who is not and never has been a member or the spouse of a member of the health profession being regulated and who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated.
10. "Registration" means the formal notification that, before rendering services, a practitioner shall must submit to a state agency setting forth the name and address of the practitioner, the location, nature and operation of the health activity to be practiced and, if required by a regulatory entity, a description of the service to be provided.
11. "Regulatory entity" means any board, commission, agency or department of this state that regulates one or more health professions in this state.
12. "State agency" means any department, board, commission or agency of this state.
Sec. 25. Section 32-3201, Arizona Revised Statutes, is amended to read:
32-3201. Definitions
In this chapter, unless the context otherwise requires:
2. 1. "Health professional" means a person who is certified or licensed pursuant to chapter 4, 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39, 41 or 42 of this title, title 36, chapter 4, article 6, title 36, chapter 6, article 7 or title 36, chapter 17.
1. 2. "Health profession regulatory board" means any board that regulates one or more health professionals in this state.
3. "Medical record records" has the same meaning prescribed in section 12-2291 but does not include prescription orders.
Sec. 26. Section 32-3218, Arizona Revised Statutes, is amended to read:
32-3218. Health profession regulatory boards; members; training; definitions
A. Beginning January 1, 2015, Each member of a health profession regulatory board shall complete a twelve-hour training within one year after the member's initial appointment to the board. Any member of a health profession regulatory board whose initial appointment was before January 1, 2015 has until January 1, 2016 to complete the training required by this subsection. The training must include the subjects of governance and administrative management, disciplinary procedures, conduct of quasi-judicial proceedings, administrative procedure and rule adoption and licensure as they apply to the health profession regulatory board. Any training completed by a current board member on and after January 1, 2014 on the topics specified in this subsection may count toward the requirements of this subsection.
B. The training of board members required by this section may be provided by the staff of any health profession regulatory board, the office of the attorney general, the department of administration, the auditor general or an outside educational institution or any other provider that is approved by the health profession regulatory board on which the member is serving.
C. Any board action taken by a health profession regulatory board is not subject to challenge or invalidation because a board member has not completed the training required by this section.
D. For the purposes of this section:
1. "Health profession regulatory board" means any board that regulates one or more health professional professionals in this state.
2. "Health professional" means a person who is certified or licensed pursuant to chapter 4, 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 34, 35, 39, 41 or 42 of this title.
Sec. 27. Section 36-3601, Arizona Revised Statutes, is amended to read:
36-3601. Definitions
For the purposes of this chapter:
1. "Health care decision maker" has the same meaning prescribed in section 12-2801.
2. "Health care provider":
(a) Means a person licensed pursuant to title 32, chapter 4, 7, 8, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 28, 29, 33, 34, 35, 39, 41 or 42, or chapter 4, article 6 of this title, chapter 6, article 7 of this title or chapter 17 of this title.
(b) Includes:
(i) A health care institution licensed pursuant to chapter 4 of this title.
(ii) A person who holds a training permit pursuant to title 32, chapter 13 or 17.
3. "Health care provider regulatory board or agency" means a board or agency that regulates one or more health care provider professions in this state.
4. "Telehealth" means:
(a) The interactive use of audio, video or other electronic media, including asynchronous store-and-forward technologies and remote patient monitoring technologies, for the practice of health care, assessment, diagnosis, consultation or treatment and the transfer of medical data.
(b) Includes the use of an audio-only telephone encounter between the patient or client and health care provider if an audio-visual telehealth encounter is not reasonably available due to the patient's functional status, the patient's lack of technology or telecommunications infrastructure limits, as determined by the health care provider.
(c) Does not include the use of a fax machine, instant messages, voice mail voicemail or email.
Sec. 28. Section 36-3607, Arizona Revised Statutes, is amended to read:
36-3607. Telehealth advisory committee on telehealth best practices; membership; reports
A. The telehealth advisory committee on telehealth best practices is established consisting of the following members who are appointed by the governor:
1. One physician who is licensed pursuant to title 32, chapter 13.
2. One physician who is licensed pursuant to title 32, chapter 17 and who is practicing primary care in this state.
3. Two advanced practice registered nurses who are licensed pursuant to title 32, chapter 15.
4. One physician who is licensed pursuant to title 32, chapter 13 or 17 and who specializes in pain management.
5. One psychiatrist who is licensed pursuant to title 32, chapter 13 or 17.
6. One psychologist who is licensed pursuant to title 32, chapter 19.1.
7. Two behavioral health professionals who are licensed pursuant to title 32, chapter 33, one of whom is employed by an outpatient treatment center.
8. One physician who is licensed pursuant to title 32, chapter 14.
9. One health care professional whose primary area of focus is treating persons with developmental disabilities.
10. One health care professional whose primary area of focus is industrial injuries.
11. One speech-language pathologist who is licensed pursuant to chapter 17 of this title.
12. One occupational therapist who is licensed pursuant to title 32, chapter 34.
13. One hospital administrator.
14. One physician assistant who is licensed pursuant to title 32, chapter 25.
15. One representative of the Arizona commission for the deaf and the hard of hearing.
16. Two representatives of health care insurers who are licensed health care providers.
17. One optometrist who is licensed pursuant to title 32, chapter 16.
18. One representative of a vertically integrated telemedicine technology manufacturer of hardware and compatible software.
19. One behavior analyst who is licensed pursuant to title 32, chapter 19.1 4.
20. One representative from each of the following:
(a) The Arizona health care cost containment system.
(b) The department of health services.
(c) The department of economic security.
(d) The department of insurance and financial institutions.
(e) The industrial commission of Arizona.
B. The advisory committee:
1. Shall review national and other standards for telehealth best practices and relevant peer-reviewed literature.
2. May conduct public meetings at which testimony may be taken regarding the efficacy of various communications media and the types of services and populations for which telehealth is appropriate.
3. Shall adopt telehealth best practice guidelines and recommendations regarding the health care services that may be appropriately provided through an audio-only telehealth format and make updates, when applicable. Before making its recommendations, the advisory committee shall analyze medical literature and national practice guidelines, consider the comparative effectiveness and safety and the benefit to the patient of performing a service through an audio-only telehealth format instead of in person or through an audio-visual telehealth format, and the appropriate frequency and duration of audio-only telehealth encounters.
4. May authorize subcommittees to address select issues or services and report to the advisory committee as directed.
5. On or before December 1, 2021, shall submit a report to the governor, the president of the senate and the speaker of the house of representatives with the advisory committee's recommendations regarding the specific health care services that are appropriate to provide through an audio-only telehealth format as a substitute for an in-person or audio-visual telehealth encounter.
6. On or before June 30, 2022, shall submit a report to the governor, the president of the senate and the speaker of the house of representatives with the advisory committee's recommendations regarding telehealth best practice guidelines for health care providers.
C. The Arizona health care cost containment system shall staff the advisory committee and provide meeting space.
Sec. 29. Section 41-619.51, Arizona Revised Statutes, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy, or the Arizona department of housing or the state board of behavior analysts.
2. "Board" means the board of fingerprinting.
3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804.
4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55.
6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
(a) Section 3-314.
(b) Section 8-105.
(c) Section 8-322.
(d) Section 8-463.
(e) Section 8-509.
(f) Section 8-802.
(g) Section 8-804.
(h) Section 15-183.
(i) Section 15-503.
(j) Section 15-512.
(k) Section 15-534.
(l) Section 15-763.01.
(m) Section 15-782.02.
(n) Section 15-1330.
(o) Section 15-1881.
(p) Section 17-215.
(q) Section 28-3228.
(r) Section 28-3413.
(s) Section 32-122.02.
(t) Section 32-122.05.
(u) Section 32-122.06.
(v) Section 32-403.
(v) (w) Section 32-823.
(w) (x) Section 32-1232.
(x) (y) Section 32-1276.01.
(y) (z) Section 32-1284.
(z) (aa) Section 32-1297.01.
(aa) (bb) Section 32-1904.
(bb) (cc) Section 32-1941.
(cc) (dd) Section 32-1982.
(dd) (ee) Section 32-2022.
(ee) (ff) Section 32-2063.
(ff) (gg) Section 32-2108.01.
(gg) (hh) Section 32-2123.
(hh) (ii) Section 32-2371.
(ii) (jj) Section 32-3430.
(jj) (kk) Section 32-3620.
(kk) (ll) Section 32-3668.
(ll) (mm) Section 32-3669.
(mm) (nn) Section 32-3922.
(nn) (oo) Section 32-3924.
(oo) (pp) Section 32-4222.
(pp) (qq) Section 32-4128.
(qq) (rr) Section 36-113.
(rr) (ss) Section 36-207.
(ss) (tt) Section 36-411.
(tt) (uu) Section 36-425.03.
(uu) (vv) Section 36-446.04.
(vv) (ww) Section 36-594.01.
(ww) (xx) Section 36-594.02.
(xx) (yy) Section 36-766.01.
(yy) (zz) Section 36-882.
(zz) (aaa) Section 36-883.02.
(aaa) (bbb) Section 36-897.01.
(bbb) (ccc) Section 36-897.03.
(ccc) (ddd) Section 36-3008.
(ddd) (eee) Section 41-619.53.
(eee) (fff) Section 41-1964.
(fff) (ggg) Section 41-1967.01.
(ggg) (hhh) Section 41-1968.
(hhh) (iii) Section 41-1969.
(iii) (jjj) Section 41-2814.
(jjj) (kkk) Section 41-4025.
(kkk) (lll) Section 46-141, subsection A or B.
(lll) (mmm) Section 46-321.
Sec. 30. Section 41-1092, Arizona Revised Statutes, is amended to read:
41-1092. Definitions
In this article, unless the context otherwise requires:
1. "Administrative law judge" means an individual or an agency head, board or commission that sits as an administrative law judge, that conducts administrative hearings in a contested case or an appealable agency action and that makes decisions regarding the contested case or appealable agency action.
2. "Administrative law judge decision" means the findings of fact, conclusions of law and recommendations or decisions issued by an administrative law judge.
3. "Adversely affected party" means:
(a) An individual who both:
(i) Provides evidence of an actual injury or economic damage that the individual has suffered or will suffer as a direct result of the action and not due to being a competitor or a general taxpayer.
(ii) Timely submits comments on the license application that include, with sufficient specificity, the questions of law, if applicable, that are the basis for the appeal.
(b) A group or association that identifies, by name and physical address in the notice of appeal, a member of the group or association who would be an adversely affected party in the individual's own right.
4. "Appealable agency action" means an action that determines the legal rights, duties or privileges of a party, including the administrative completeness of an application other than an application submitted to the department of water resources pursuant to title 45, and that is not a contested case. Appealable agency actions do not include interim orders by self-supporting regulatory boards, rules, orders, standards or statements of policy of general application issued by an administrative agency to implement, interpret or make specific the legislation enforced or administered by it or clarifications of interpretation, nor does it mean or include rules concerning the internal management of the agency that do not affect private rights or interests. For the purposes of this paragraph, administrative hearing does not include a public hearing held for the purpose of receiving public comment on a proposed agency action.
5. "Director" means the director of the office of administrative hearings.
6. "Final administrative decision" means a decision by an agency that is subject to judicial review pursuant to title 12, chapter 7, article 6.
7. "Licensee":
(a) Means any individual or business entity that has been issued a license by a state agency to engage in any business or activity in this state and that is subject to a licensing decision.
(b) Includes any individual or business entity that has applied for such a license and that appeals a licensing decision pursuant to section 41-1092.08 or 41-1092.12.
8. "Office" means the office of administrative hearings.
9. "Self-supporting regulatory board" means any of the following:
(a) The Arizona state board of accountancy.
(b) The barbering and cosmetology board.
(c) The board of behavioral health examiners.
(d) The Arizona state boxing and mixed martial arts commission.
(e) The state board of chiropractic examiners.
(f) The state board of dental examiners.
(g) The Arizona game and fish commission.
(h) The board of homeopathic and integrated medicine examiners.
(i) The Arizona medical board.
(j) The naturopathic physicians medical board.
(k) The Arizona state board of nursing.
(l) The board of examiners of nursing care institution administrators and assisted living facility managers.
(m) The board of occupational therapy examiners.
(n) The state board of dispensing opticians.
(o) The state board of optometry.
(p) The Arizona board of osteopathic examiners in medicine and surgery.
(q) The Arizona peace officer standards and training board.
(r) The Arizona state board of pharmacy.
(s) The board of physical therapy.
(t) The state board of podiatry examiners.
(u) The state board for private postsecondary education.
(v) The state board of psychologist examiners.
(w) The board of respiratory care examiners.
(x) The state board of technical registration.
(y) The Arizona state veterinary medical examining board.
(z) The acupuncture board of examiners.
(aa) The Arizona regulatory board of physician assistants.
(bb) The board of athletic training.
(cc) The board of massage therapy.
(dd) The state board of behavior analysts.
Sec. 31. Section 41-1758, Arizona Revised Statutes, is amended to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy, or the Arizona department of housing or the state board of behavior analysts.
2. "Division" means the fingerprinting division in the department of public safety.
3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 3-314.
(b) Section 8-105.
(c) Section 8-322.
(d) Section 8-463.
(e) Section 8-509.
(f) Section 8-802.
(g) Section 15-183.
(h) Section 15-503.
(i) Section 15-512.
(j) Section 15-534.
(k) Section 15-763.01.
(l) Section 15-782.02.
(m) Section 15-1330.
(n) Section 15-1881.
(o) Section 17-215.
(p) Section 28-3228.
(q) Section 28-3413.
(r) Section 32-122.02.
(s) Section 32-122.05.
(t) Section 32-122.06.
(u) Section 32-403.
(u) (v) Section 32-823.
(v) (w) Section 32-1232.
(w) (x) Section 32-1276.01.
(x) (y) Section 32-1284.
(y) (z) Section 32-1297.01.
(z) (aa) Section 32-1904.
(aa) (bb) Section 32-1941.
(bb) (cc) Section 32-1982.
(cc) (dd) Section 32-2022.
(dd) (ee) Section 32-2063.
(ee) (ff) Section 32-2108.01.
(ff) (gg) Section 32-2123.
(gg) (hh) Section 32-2371.
(hh) (ii) Section 32-3430.
(ii) (jj) Section 32-3620.
(jj) (kk) Section 32-3668.
(kk) (ll) Section 32-3669.
(ll) (mm) Section 32-3922.
(mm) (nn) Section 32-3924.
(nn) (oo) Section 32-4128.
(oo) (pp) Section 32-4222.
(pp) (qq) Section 36-113.
(qq) (rr) Section 36-207.
(rr) (ss) Section 36-411.
(ss) (tt) Section 36-425.03.
(tt) (uu) Section 36-446.04.
(uu) (vv) Section 36-594.01.
(vv) (ww) Section 36-594.02.
(ww) (xx) Section 36-766.01.
(xx) (yy) Section 36-882.
(yy) (zz) Section 36-883.02.
(zz) (aaa) Section 36-897.01.
(aaa) (bbb) Section 36-897.03.
(bbb) (ccc) Section 36-3008.
(ccc) (ddd) Section 41-619.52.
(ddd) (eee) Section 41-619.53.
(eee) (fff) Section 41-1964.
(fff) (ggg) Section 41-1967.01.
(ggg) (hhh) Section 41-1968.
(hhh) (iii) Section 41-1969.
(iii) (jjj) Section 41-2814.
(jjj) (kkk) Section 41-4025.
(kkk) (lll) Section 46-141, subsection A or B.
(lll) (mmm) Section 46-321.
6. "Vulnerable adult" has the same meaning prescribed in section 13-3623.
Sec. 32. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01. Fingerprinting division; powers and duties
A. The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-403, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669, 32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, and 41-4025, section 46-141, subsection A or B and section 46-321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07.
5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.
6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.
7. Administer and enforce this article.
B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
1. All information privacy and security measures and submission standards established by the department of public safety.
2. The information technology security policy approved by the department of public safety.
Sec. 33. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3033.01, to read:
41-3033.01. State board of behavior analysts; termination July 1, 2033
A. The state board of behavior analysts terminates on July 1, 2033.
B. Title 32, chapter 4 and this section are repealed on January 1, 2034.
Sec. 34. Purpose
Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the legislature establishes the state board of behavior analysts to regulate the practice of behavior analysis for the public health, safety and welfare.
Sec. 35. Initial members of state board of behavior analysts; terms
A. Notwithstanding section 32-402, Arizona Revised Statutes, as transferred, renumbered and amended by this act, and section 38-211, Arizona Revised Statutes, the members of the committee on behavior analysts in existence on June 30, 2025 shall serve as the initial members of the state board of behavior analysts. Any term previously served by these members on the committee on behavior analysts does not count toward the member's term on the state board of behavior analysts.
B. Notwithstanding section 32-402, Arizona Revised Statutes, as transferred, renumbered and amended by this act, the initial terms of members of the state board of behavior analysts who are appointed pursuant to subsection C of this section are:
1. One term ending January 1, 2028.
2. Two terms ending January 1, 2029.
C. The governor shall make appointments for any vacancies on the initial state board of behavior analysts and subsequent appointments to the board as prescribed by law.
Sec. 36. Succession; transfer; effect
A. As provided by this act, the state board of behavior analysts succeeds to the authority, powers, duties and responsibilities of the state board of psychologist examiners relating to the licensing and regulation of behavior analysts.
B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the state board of psychologist examiners relating to the licensing and regulation of behavior analysts in existence before July 1, 2025.
C. Administrative rules and orders that were adopted by the state board of psychologist examiners relating to the licensing and regulation of behavior analysts continue in effect until superseded by administrative action by the state board of behavior analysts.
D. All administrative matters, contracts and judicial and quasi-judicial actions, whether completed, pending or in process, of the state board of psychologist examiners relating to the licensing and regulation of behavior analysts on July 1, 2025 are transferred to and retain the same status with the state board of behavior analysts.
E. All certificates, licenses, registrations, permits and other indicia of qualification and authority that were issued by the state board of psychologist examiners relating to the licensing and regulation of behavior analysts retain their validity for the duration of their terms of validity as provided by law.
F. All equipment, records, furnishings and other property, all data and investigative findings and all obligations of the state board of psychologist examiners relating to the licensing and regulation of behavior analysts are transferred on July 1, 2025 to the state board of behavior analysts.
G. All monies remaining in the separate account of the board of psychologist examiners fund established by section 32-2065, Arizona Revised Statutes, as amended by this act, for behavior analyst licensing and regulation on July 1, 2025 are transferred to the state board of behavior analysts fund established by section 32-405, Arizona Revised Statutes, as added by this act.
H. All personnel who are under the state personnel system and employed by the state board of psychologist examiners relating to the regulation of behavior analysts are transferred to comparable positions and pay classifications in the respective administrative units of the state board of behavior analysts on July 1, 2025.
Sec. 37. Effective date
This act is effective from and after June 30, 2025.
