Bill Text: AZ SB1374 | 2013 | Fifty-first Legislature 1st Regular | Chaptered
Bill Title: Behavioral health examiners board
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Passed) 2013-06-20 - Governor Signed [SB1374 Detail]
Download: Arizona-2013-SB1374-Chaptered.html
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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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CHAPTER 242
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SENATE BILL 1374 |
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AN ACT
Amending sections 32-3251, 32-3252 and 32-3253, Arizona Revised Statutes; amending title 32, chapter 33, article 1, Arizona Revised Statutes, by adding section 32‑3255; changing the designation of title 32, chapter 33, Article 2, Arizona Revised Statutes, to "academic review committees"; providing for the delayed repeal of sections 32-3261 and 32-3262, Arizona Revised Statutes; amending title 32, chapter 33, article 2, Arizona Revised Statutes, by adding a new section 32‑3261; amending sections 32-3272, 32-3273, 32‑3274, 32‑3275, 32‑3281, 32‑3282, 32-3284, 32-3291, 32-3292, 32-3293, 32-3301, 32‑3303, 32‑3311 and 32-3321, Arizona Revised Statutes; repealing section 41‑3013.11, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41‑3017.14; relating to the board of behavioral health examiners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-3251, Arizona Revised Statutes, is amended to read:
32-3251. Definitions
In this chapter, unless the context otherwise requires:
1. "Board" means the board of behavioral health examiners.
2. "Client" means a patient who receives behavioral health services from a person licensed pursuant to this chapter.
3. "Credentialing committee" means a committee established pursuant to this chapter.
3. "Direct client contact" means, beginning November 1, 2015, the performance of therapeutic or clinical functions related to the applicant's professional practice level of psychotherapy that includes diagnosis, assessment and treatment and that may include psychoeducation for mental, emotional and behavioral disorders based primarily on verbal or nonverbal communications and intervention with, and in the presence of, one or more clients.
4. "Equivalent" means comparable in content and quality but not identical.
5. "Indirect client service" means, beginning November 1, 2015, training for, and the performance of, functions of an applicant's professional practice level in preparation for or on behalf of a client for whom direct client contact functions are also performed, including case consultation and receipt of clinical supervision. Indirect client service does not include the provision of psychoeducation.
4. 6. "Letter of concern" means a nondisciplinary written document sent by the board to notify a licensee that, while there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee.
5. 7. "Licensee" means a person who is licensed pursuant to this chapter.
6. 8. "Practice of behavioral health" means the practice of marriage and family therapy, professional counseling, social work and substance abuse counseling pursuant to this chapter.
7. 9. "Practice of marriage and family therapy" means the professional application of family systems theories, principles and techniques to treat interpersonal relationship issues and nervous, mental and emotional disorders that are cognitive, affective or behavioral. The practice of marriage and family therapy includes:
(a) Assessment, appraisal and diagnosis.
(b) The use of psychotherapy for the purpose of evaluation, diagnosis and treatment of individuals, couples, families and groups.
8. 10. "Practice of professional counseling" means the professional application of mental health, psychological and human development theories, principles and techniques to:
(a) Facilitate human development and adjustment throughout the human life span.
(b) Assess and facilitate career development.
(c) Treat interpersonal relationship issues and nervous, mental and emotional disorders that are cognitive, affective or behavioral.
(d) Manage symptoms of mental illness.
(e) Assess, appraise, evaluate, diagnose and treat individuals, couples, families and groups through the use of psychotherapy.
9. 11. "Practice of social work" means the professional application of social work theory theories, principles, methods and techniques to:
(a) Treat mental, behavioral and emotional disorders.
(b) Assist individuals, families, groups and communities to enhance or restore the ability to function physically, socially, emotionally, mentally and economically.
(c) Assess, appraise, diagnose, evaluate and treat individuals, couples, families and groups through the use of psychotherapy.
10. 12. "Practice of substance abuse counseling" means the professional application of general counseling theories, principles and techniques as specifically adapted, based on research and clinical experience, to the specialized needs and characteristics of persons who are experiencing substance abuse, chemical dependency and related problems and to the families of those persons. The practice of substance abuse counseling includes the following as they relate to substance abuse and chemical dependency issues:
(a) Assessment, appraisal and diagnosis.
(b) The use of psychotherapy for the purpose of evaluation, diagnosis and treatment of individuals, couples, families and groups.
13. "Psychoeducation" means the education of a client as part of a treatment process that provides the client with information regarding mental health, emotional disorders or behavioral health.
11. 14. "Psychotherapy" means a variety of treatment methods developing out of generally accepted theories about human behavior and development.
12. 15. "Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:
(a) Conviction of a felony. Conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the conviction.
(b) Use of fraud or deceit in connection with rendering services as a licensee or in establishing qualifications pursuant to this chapter.
(c) Any oral or written misrepresentation of a fact by an applicant or licensee:
(i) To secure or attempt to secure the issuance or renewal of a license.
(ii) In any statements provided during an investigation or disciplinary proceeding by the board.
(iii) Regarding the licensee's skills or the value of any treatment provided or to be provided.
(d) Any false, fraudulent or deceptive statement connected with the practice of behavioral health, including false or misleading advertising by the licensee or the licensee's staff or a representative compensated by the licensee.
(e) Securing or attempting to secure the issuance or renewal of a license by knowingly taking advantage of the mistake of another person or the board.
(f) Active habitual intemperance in the use of alcohol or active habitual substance abuse.
(g) Using a controlled substance that is not prescribed for use during a prescribed course of treatment.
(h) Obtaining a fee by fraud, deceit or misrepresentation.
(i) Aiding or abetting a person who is not licensed pursuant to this chapter to purport to be a licensed behavioral health professional in this state.
(j) Conduct that the board determines is gross negligence or repeated negligence in the licensee's profession.
(k) Any conduct or practice that is contrary to recognized standards of ethics in the behavioral health profession or that constitutes a danger to the health, welfare or safety of a client.
(l) Any conduct, practice or condition that impairs the ability of the licensee to safely and competently practice the licensee's profession.
(m) Engaging or offering to engage as a licensee in activities that are not congruent with the licensee's professional education, training or experience.
(n) Failing to comply with or violating, attempting to violate or assisting in or abetting the violation of any provision of this chapter, any rule adopted pursuant to this chapter, any lawful order of the board, or any formal order, consent agreement, term of probation or stipulated agreement issued under this chapter.
(o) Failing to furnish information within a specified time to the board or its investigators or representatives if legally requested by the board.
(p) Failing to conform to minimum practice standards as developed by the board.
(q) Failing or refusing to maintain adequate records of behavioral health services provided to a client.
(r) Providing behavioral health services that are clinically unjustified or unsafe or otherwise engaging in activities as a licensee that are unprofessional by current standards of practice.
(s) Terminating behavioral health services to a client without making an appropriate referral for continuation of care for the client if continuing behavioral health services are indicated.
(t) Disclosing a professional confidence or privileged communication except as may otherwise be required by law or permitted by a valid written release.
(u) Failing to allow the board or its investigators on demand to examine and have access to documents, reports and records in any format maintained by the licensee that relate to the licensee's practice of behavioral health.
(v) Any sexual conduct between a licensee and a client or former client.
(w) Providing behavioral health services to any person with whom the licensee has had sexual contact.
(x) Exploiting a client, former client or supervisee. For the purposes of this subdivision, "exploiting" means taking advantage of a professional relationship with a client, former client or supervisee for the benefit or profit of the licensee.
(y) Engaging in a dual relationship with a client that could impair the licensee's objectivity or professional judgment or create a risk of harm to the client. For the purposes of this subdivision, "dual relationship" means a licensee simultaneously engages in both a professional and nonprofessional relationship with a client that is avoidable and not incidental.
(z) Engaging in physical contact between a licensee and a client if there is a reasonable possibility of physical or psychological harm to the client as a result of that contact.
(aa) Sexually harassing a client, former client, research subject, supervisee or coworker. For the purposes of this subdivision, "sexually harassing" includes sexual advances, sexual solicitation, requests for sexual favors, unwelcome comments or gestures or any other verbal or physical conduct of a sexual nature.
(bb) Harassing, exploiting or retaliating against a client, former client, research subject, supervisee, coworker or witness or a complainant in a disciplinary investigation or proceeding involving a licensee.
(cc) Failing to take reasonable steps to inform potential victims and appropriate authorities if the licensee becomes aware during the course of providing or supervising behavioral health services that a client's condition indicates a clear and imminent danger to the client or others.
(dd) Failing to comply with the laws of the appropriate licensing or credentialing authority to provide behavioral health services by electronic means in all governmental jurisdictions where the client receiving these services resides.
(ee) Giving or receiving a payment, kickback, rebate, bonus or other remuneration for a referral.
(ff) Failing to report in writing to the board information that would cause a reasonable licensee to believe that another licensee is guilty of unprofessional conduct or is physically or mentally unable to provide behavioral health services competently or safely. This duty does not extend to information provided by a licensee that is protected by the behavioral health professional‑client privilege unless the information indicates a clear and imminent danger to the client or others or is otherwise subject to mandatory reporting requirements pursuant to state or federal law.
(gg) Failing to follow federal and state laws regarding the storage, use and release of confidential information regarding a client's personal identifiable information or care.
(hh) Failing to retain records pursuant to section 12‑2297.
(ii) Violating any federal or state law, rule or regulation applicable to the practice of behavioral health.
(jj) Failing to make client records in the licensee's possession available in a timely manner to another health professional or licensee 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.
(kk) Failing to make client records in the licensee's possession promptly available to the client, a minor client's parent, the client's legal guardian or the client's authorized representative 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.
(ll) Being the subject of the revocation, suspension, surrender or any other disciplinary sanction of a professional license, certificate or registration or other adverse action related to a professional license, certificate or registration in another jurisdiction or country, including the failure to report the adverse action to the board. The action taken may include refusing, denying, revoking or suspending a license or certificate, the surrendering of a license or certificate, otherwise limiting, restricting or monitoring a licensee or certificate holder or placing a licensee or certificate holder on probation.
(mm) Any conduct that results in a sanction imposed by an agency of the federal government that involves restricting, suspending, limiting or removing the licensee's ability to obtain financial remuneration for behavioral health services.
(nn) Violating the security of any licensure examination materials.
(oo) The use of fraud or deceit in connection with taking or assisting another person in taking a licensure examination.
Sec. 2. Section 32-3252, Arizona Revised Statutes, is amended to read:
32-3252. Board of behavioral health examiners; appointment; qualifications; terms; compensation; immunity; training program
A. The board of behavioral health examiners is established consisting of one professional member from each credentialing committee established pursuant to this chapter and four public members the following members appointed by the governor: .
1. The following professional members:
(a) Two members who are licensed in social work pursuant to this chapter, at least one of whom is a licensed clinical social worker.
(b) Two members who are licensed in counseling pursuant to this chapter, at least one of whom is a licensed professional counselor.
(c) Two members who are licensed in marriage and family therapy pursuant to this chapter, at least one of whom is a licensed marriage and family therapist.
(d) Two members who are licensed in substance abuse counseling pursuant to this chapter, at least one of whom is a licensed independent substance abuse counselor.
2. Four public members.
B. Each professional board member shall:
1. Be a resident of this state for not less than one year before appointment.
2. Be an active licensee in good standing.
3. Have at least five years of experience in an area of behavioral health licensed pursuant to this chapter.
C. Each public member shall:
1. Be a resident of this state for not less than one year before appointment.
2. Be at least twenty‑one years of age.
3. Not be or have ever been a behavioral health professional or the spouse of a behavioral health professional.
4. Not have or have ever had any financial interest in the provision of behavioral health services.
5. Not have engaged in any activity directly related to the practice of behavioral health.
3. Not be licensed or eligible for licensure pursuant to this chapter unless the public member has been retired from active practice for at least five years.
4. Not currently have a substantial financial interest in an entity that directly provides behavioral health services.
5. Not have a household member who is licensed or eligible for licensure pursuant to this chapter unless the household member has been retired from active practice for at least five years.
D. The term of office of board members is three years to begin and end on the third Monday in January. A member shall not serve more than two full consecutive terms.
E. The board shall annually elect a chairman and secretary‑treasurer from its membership.
F. Board members are eligible to receive compensation as determined pursuant to section 38‑611 of not more than eighty‑five dollars for each day actually and necessarily spent in the performance of their duties.
G. Board members and personnel 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.
H. Each board member must complete a twelve-hour training program that emphasizes responsibilities for administrative management, licensure, judicial processes and temperament within one year after appointment to the board.
Sec. 3. Section 32-3253, Arizona Revised Statutes, is amended to read:
32-3253. Powers and duties
A. The board shall:
1. Adopt rules consistent with and necessary or proper to carry out the purposes of this chapter.
2. Administer and enforce this chapter, rules adopted pursuant to this chapter and orders of the board.
3. Issue a license by examination, reciprocity endorsement or temporary recognition to, and renew the license of, each person who is qualified to be licensed pursuant to this chapter. The board must issue or deny a license within one hundred eighty days after the applicant submits a completed application.
4. Establish a licensure fee schedule annually, by a formal vote at a regular board meeting.
5. Collect fees and spend monies.
6. Keep a record of all persons licensed pursuant to this chapter, actions taken on all applications for licensure, actions involving renewal, suspension, revocation or denial of a license or probation of licensees and the receipt and disbursal of monies.
7. Adopt an official seal for attestation of licensure and other official papers and documents.
8. Subject to title 41, chapter 4, article 4, employ personnel as it deems necessary.
9. 8. Conduct investigations and determine on its own motion if a licensee or an applicant has engaged in unprofessional conduct, is incompetent or is mentally or physically unable to engage in the practice of behavioral health.
10. 9. Conduct disciplinary actions pursuant to this chapter and board rules.
11. 10. Establish and enforce standards or criteria of programs or other mechanisms to ensure the continuing competence of licensees.
12. 11. Establish and enforce compliance with professional standards and rules of conduct for licensees.
13. 12. Engage in a full exchange of information with the licensing and disciplinary boards and professional associations for behavioral health professionals in this state and other jurisdictions.
14. 13. Subject to section 35-149, accept, expend and account for gifts, grants, devises and other contributions, money or property from any public or private source, including the federal government. Monies received under this paragraph shall be deposited, pursuant to sections 35‑146 and 35‑147, in special funds for the purpose specified, which are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
14. Adopt rules regarding the application for and approval of educational curricula of regionally accredited colleges or universities with a program not otherwise accredited by an organization or entity recognized by the board that are consistent with the requirements of this chapter and maintain a list of those programs. approvals shall be valid for a period of five years if no changes of curricula are made that are inconsistent with the requirements of this chapter or board rule.
15. Maintain a registry of licensees who have met the educational requirements to provide supervision as required pursuant to this chapter to applicants in the same profession.
16. Adopt rules to allow approval of persons who wish to provide supervision pursuant to this chapter and who are not licensed by the board and who are licensed in a profession other than the profession in which the applicant is seeking licensure.
17. Recognize not more than four hundred hours of psychoeducation for work experience required pursuant to sections 32-3293, 32-3301, 32-3311 and 32-3321.
B. The board may join professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of behavioral health, protect the health and welfare of the public or assist and facilitate the work of the board.
C. The board may enter into stipulated agreements with a licensee for the confidential treatment, rehabilitation and monitoring of chemical dependency or medical, psychiatric, psychological or behavioral health disorders in a program provided pursuant to subsection D of this section. A licensee who materially fails to comply with a program shall be terminated from the confidential program. Any records of the licensee who is terminated from a confidential program are no longer confidential or exempt from the public records law, notwithstanding any law to the contrary. Stipulated agreements are not public records if the following conditions are met:
1. The licensee voluntarily agrees to participate in the confidential program.
2. The licensee complies with all treatment requirements or recommendations including participation in approved programs.
3. The licensee refrains from professional practice until the return to practice has been approved by the treatment program and the board.
4. The licensee complies with all monitoring requirements of the stipulated agreement, including random bodily fluid testing.
5. The licensee’s professional employer is notified of the licensee’s chemical dependency or medical, psychiatric, psychological or behavioral health disorders and participation in the confidential program and is provided a copy of the stipulated agreement.
C. D. The board may shall establish a confidential program for the monitoring of licensees who are chemically dependent or who have medical, psychiatric, psychological or behavioral health disorders that may impact their ability to safely practice and who enroll in a rehabilitation program that meets the criteria prescribed by the board. the licensee shall be responsible for the costs associated with rehabilitative services and monitoring. The board may take further action if a licensee refuses to enter into a stipulated agreement or fails to comply with the terms of a stipulated agreement. In order to protect the public health and safety, the confidentiality requirements of this subsection do not apply if a licensee does not comply with the stipulated agreement.
E. The board shall audio record all meetings and maintain all audio and video recordings or stenographic records of interviews and meetings for a period of three years from when the record was created.
Sec. 4. Title 32, chapter 33, article 1, Arizona Revised Statutes, is amended by adding section 32-3255, to read:
32-3255. Executive director; compensation; duties
A. On or after January 31, 2014 and subject to title 41, chapter 4, article 4, the board shall appoint an executive director who shall serve at the pleasure of the board. The executive director is eligible to receive compensation set by the board within the range determined under section 38‑611.
B. The executive director shall:
1. Perform the administrative duties of the board.
2. Subject to Title 41, chapter 4, article 4, employ personnel as the executive director deems necessary, including professional consultants and agents necessary to conduct investigations. An investigator must complete a nationally recognized investigator training program within one year after the date of hire. Until the investigator completes this training program, the INVESTIGATOR must work under the supervision of an investigator who has completed a training program.
Sec. 5. Heading change
The article heading of title 32, chapter 33, article 2, Arizona Revised Statutes, is changed from "PROFESSIONAL CREDENTIALING COMMITTEES" to "ACADEMIC REVIEW COMMITTEES".
Sec. 6. Delayed repeal
Sections 32-3261 and 32-3262, Arizona Revised Statutes, are repealed from and after October 31, 2015.
Sec. 7. Title 32, chapter 33, article 2, Arizona Revised Statutes, is amended by adding a new section 32-3261, to read:
32-3261. Academic review committees; appointment; qualifications; terms; compensation; immunity
A. The board may establish an academic review committee for each professional area licensed pursuant to this chapter to do the following:
1. Review applications referred to the committee by the board or the executive director to determine:
(a) if an applicant, whose curriculum has not been approved pursuant to section 32-3253, subsection a, paragraph 15 or whose program is not accredited by an organization or entity approved by the board, has met the educational requirements of this chapter or board rules.
(b) if an applicant has met the requirements of work supervision required for licensure pursuant to this chapter or board rules.
2. Make specific findings concerning an application's deficiencies and make recommendations to the board regarding the manner in which the deficiencies can be addressed.
3. Review requests and make recommendations to the board for curriculum approval applications made pursuant to section 32‑3253.
4. at the request of the board, make recommendations regarding examinations required pursuant to this chapter.
B. An academic review committee shall be composed of three members who have been residents of this state for at least one year before appointment, at least one but not more than two of whom are licensed pursuant to this chapter and have five years of experience in the applicable profession. At least one but not more than Two members must have served within the previous ten years as core or full-time faculty at a regionally accredited college or university in a program related to the applicable profession.
C. Committee members serve at the pleasure of the board for terms of three years. A member shall not serve more than two full consecutive terms. The board shall stagger the terms of members.
D. Committee members are eligible to receive compensation of not more than eighty‑five dollars for each eight hours actually and necessarily spent in the performance of their duties.
E. An academic review committee shall annually elect a chairman and secretary from its membership.
F. Committee members 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. 8. Section 32-3272, Arizona Revised Statutes, is amended to read:
32-3272. Fees
A. For issuance of a license pursuant to this chapter, including application fees, the board shall establish and charge reasonable fees not to exceed five hundred dollars.
B. For renewal of a license pursuant to this chapter, the board shall establish and charge reasonable fees of:
1. Until June 30, 2011, not to exceed three hundred fifty dollars.
2. Beginning July 1, 2011, not to exceed five hundred dollars. The board shall not increase fees pursuant to this paragraph subsection more than twenty‑five dollars each year.
c. the board by rule may adopt a fee for applications for approval of educational curricula pursuant to section 32-3253, subsection A, paragraph 15.
C. D. The board shall establish fees to produce monies that approximate the cost of maintaining the board and the credentialing committees.
Sec. 9. Section 32-3273, Arizona Revised Statutes, is amended to read:
32-3273. License renewal; continuing education
A. Except as provided in section 32‑4301, a license issued pursuant to this chapter is renewable biennially every two years by paying the renewal fee prescribed by the board and submitting evidence satisfactory to the appropriate credentialing committee documentation prescribed by the board by rule of completion of relevant continuing education experience as determined by the appropriate credentialing committee board during the previous twenty‑four month period.
B. The board shall send notice in writing of required relevant continuing education experience to each licensee at least ninety days before the renewal date.
C. A licensee must satisfy the continuing education requirements that are prescribed by the board by rule and that are designed to provide the necessary understanding of ethics, cultural competency, current developments, skills, procedures and treatments related to behavioral health and to ensure the continuing competence of licensees. The board shall adopt rules to prescribe the manner of documenting compliance with this subsection.
D. at the request of a licensee who has been issued two or more licenses, the board shall establish the same renewal dates for those licenses. the board may prorate any fees due as necessary to synchronize the dates.
Sec. 10. Section 32-3274, Arizona Revised Statutes, is amended to read:
32-3274. Licensure by endorsement
A. The board may issue a reciprocal license by endorsement to a person in that person's particular behavioral health profession if the person is licensed or certified by another state the regulatory agency of one or more other states 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. The person is currently licensed or certified in behavioral health by another state the regulatory agency of one or more other states and the each license or certification is current and in good standing.
2. The person has been licensed or certified in the discipline applied for and at the same practice level as determined by the board for a minimum of five three years.
3. The person was engaged in the practice of behavioral health in the state one or more states issuing the license or certification used by the person to qualify for a reciprocal license by endorsement pursuant to this section for a minimum of six thousand hours during the five years before applying for reciprocal licensure three thousand six hundred hours in a period of not more than five years prior to applying for licensure by endorsement. the three thousand six hundred hours must be in the discipline and at least in the practice level for which the person is applying.
4. There were minimum The person met the education, work experience and clinical supervision requirements in effect at the time the person was licensed or certified by the other state regulatory agency of the other state or states and the licensing or certifying state agency of the other state or states verifies that the person met those requirements in order to be licensed or certified in the other state or states.
5. The person passed an examination required for the license sought pursuant to article 5, 6, 7 or 8 of this chapter.
6. The person meets the basic requirements for licensure prescribed by section 32-3275.
7. The person meets any other requirements prescribed by the board.
7. The person submits to the board a notarized affidavit listing every jurisdiction in the United States in which the person has been licensed or certified in the practice of behavioral health and any disciplinary action taken by any regulatory agency or any instance in which a license has been surrendered in lieu of discipline and verification of licensure or certification from every state in which the person is licensed or certified for the particular health profession for which the person applies.
B. In addition to the requirements of subsection A of this section, a person seeking license by endorsement for the following practice levels must have earned a master's or higher degree in the applicable field of practice granted by a regionally accredited college or university:
1. Licensed clinical social worker.
2. Licensed professional counselor.
3. Licensed marriage and family therapist.
4. Licensed independent substance abuse counselor.
B. C. Except for licenses by endorsement issued in the practice levels prescribed in subsection B of this section, a person issued a license pursuant to this section shall practice behavioral health only under the direct supervision of a licensee.
C. A person issued a reciprocal license pursuant to this section may apply for a regular license if the person meets all of the following requirements:
1. The person has completed a minimum of one thousand six hundred hours of supervised work experience in the practice of behavioral health in this state within at least twelve months after issuance of the reciprocal license.
2. During the supervised work experience period required in paragraph 1 of this subsection, the person receives at least fifty hours of qualifying clinical supervision as determined by the board.
3. The person demonstrates competency to practice behavioral health as determined by the board.
D. The board by rule may prescribe a procedure to issue licenses pursuant to this section.
Sec. 11. Section 32-3275, Arizona Revised Statutes, is amended to read:
32-3275. Requirements for licensure; withdrawal of application
A. 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. Be of good moral character. The board's standard to determine good moral character shall not violate federal discrimination laws.
4. Pay all applicable fees prescribed by the board.
5. Have the physical and mental capability to safely and competently engage in the practice of behavioral health.
6. Not have committed any act or engaged in any conduct that would constitute grounds for disciplinary action against a licensee pursuant to this chapter.
7. Not have had a professional license or certificate refused, revoked, suspended or restricted in by this state or any other regulatory jurisdiction in the United States or in another any other 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.
8. Not have voluntarily surrendered a professional license or certificate in this state or another regulatory jurisdiction in the United States or any other country while under investigation for conduct that relates 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.
9. Not have a complaint, allegation or investigation pending before the board or another regulatory jurisdiction in the United States or another country that relates to unprofessional conduct. If an applicant has any such complaints complaint, allegations allegation or investigations investigation 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.
B. If the board finds that an applicant is subject to subsection a, paragraphs 5 through 8 of this section, the board may determine to its satisfaction that the conduct or condition has been corrected, monitored and resolved and may issue a license. If the conduct or condition has not been resolved, the board may determine to its satisfaction that mitigating circumstances exist that prevent its resolution and may issue a license.
C. If an applicant has a deficiency pursuant to subsection a of this section, the board shall notify the applicant of the deficiency and the time when the board will review the application at a public meeting. This meeting must take place within thirty-five days after the notification. At the time of the meeting, the applicant may provide in person, by counsel or in written form information and evidence related to any deficiency, including information related to whether the conduct that was the basis for an action pursuant to subsection A, paragraph 6, 7 or 8 of this section has been corrected, monitored and resolved or if mitigating circumstances exist that prevent its resolution. In a notice of denial the board shall provide notification of the right to a hearing pursuant to title 41, chapter 6, article 10. If the applicant does not present information at the public board meeting, the applicant may still seek all available administrative remedies.
D. An applicant for licensure may withdraw the application unless the board has sent to the applicant notification that the board has initiated an investigation concerning professional misconduct. Following that notification the applicant may request that the board review the applicant's request to withdraw the application. In considering the request the board shall determine whether it is probable that the investigation would result in an adverse action against the applicant.
E. After a final board order of denial has been issued, the board shall report the denial if required by the health care quality improvement act of 1986 (42 United States code section 111.01). For the purposes of this subsection and except as required by federal law, "final board order" means:
1. For an applicant who seeks a hearing pursuant to title 41, chapter 6, article 10, when a final administrative decision has been made.
2. For an applicant who does not timely file a notice of appeal, after the time for the filing expires pursuant to section 41-1092.03.
Sec. 12. Section 32-3281, Arizona Revised Statutes, is amended to read:
32-3281. Disciplinary action; investigations; hearings; civil penalty; timely complaints; burden of proof
A. A credentialing committee The board, on its own motion or on a complaint, may investigate any evidence that appears to show that a licensee is or may be incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to safely engage in the practice of behavioral health. As part of its investigation, a credentialing committee the board may hold an investigational meeting pursuant to this chapter. Any person may, and a licensee and any entity licensed by the office of behavioral health licensure shall, report to the board any information that would cause a reasonable licensee to believe that another licensee is guilty of unprofessional conduct or is physically or mentally unable to provide behavioral health services competently or safely. Any person or entity that reports or provides information to the board in good faith is not subject to an action for civil damages. It is an act of unprofessional conduct for any licensee to fail to report as required by this section. The board shall report to the office of behavioral health licensure in the department of health services any entity licensed by the office of behavioral health licensure that fails to report as required by this section. For complaints related to conduct that is inconsistent with professional standards or ethics, scope of practice or standard of care, the board may consult with one or more licensed or retired behavioral health professionals of the same profession as the licensee to review complaints and make recommendations to the board.
B. A credentialing committee On determination of reasonable cause the board shall require, at the licensee's own expense, any combination of mental, physical or oral or written competency examinations, at the licensee's own expense, psychological examinations, assessments or skills evaluations necessary to determine the licensee's competence or ability to safely engage in the practice of behavioral health and conduct necessary investigations, including investigational interviews between representatives of the board and the licensee, to fully inform itself with respect to any information filed with the board under subsection A of this section. These examinations may include biological fluid testing. The credentialing committee board may require the licensee, at the licensee's expense, to undergo assessment by a rehabilitative, retraining or assessment program approved by the credentialing committee board.
C. If the board finds, based on the information received pursuant to subsection A or B of this section, that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the board may restrict, limit or order a summary suspension of a license pending proceedings for revocation or other action. If the board takes action pursuant to this subsection, it must also serve the licensee with a written notice that states the charges and that the licensee is entitled to a formal hearing before the board or an administrative law judge within sixty days.
D. If after completing an investigational meeting investigation the credentialing committee board finds that the information provided is not of sufficient seriousness to merit disciplinary action against the licensee, the credentialing committee board shall either:
1. Dismiss the complaint if, in the opinion of the credentialing committee board, the complaint is without merit.
2. Recommend any of the following actions to the board:
(a) Dismiss if, in the opinion of the credentialing committee, the complaint is without merit.
(b) 2. File a letter of concern and dismiss the complaint. The licensee may file a written response with the board within thirty days after the licensee receives the letter of concern.
(c) 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.
E. A complaint dismissed by the credentialing committee board pursuant to subsection D, paragraph 1 of this section is not a complaint of unprofessional conduct and shall not be disclosed by the board as a complaint on the licensee's complaint history.
F. If after completing its investigation the credentialing committee board believes that the information is or may be true, the credentialing committee may recommend that the board may enter into a consent agreement with the licensee to limit or restrict the licensee's practice or to rehabilitate the licensee, protect the public and ensure the licensee's ability to safely engage in the practice of behavioral health. A consent agreement may also require the licensee to successfully complete a board approved rehabilitative, retraining or assessment program.
G. If on receipt of a credentialing committee's recommendation the board finds that the information provided pursuant to subsection A 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, in the opinion of the board, the complaint is without merit.
2. File a letter of concern and dismiss the complaint. The licensee may file a written response with the board within thirty days after the licensee receives the 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.
H. If on receipt of a credentialing committee's recommendation the board finds that the information provided pursuant to subsection A of this section is or may be true, the board may enter into an agreement with the licensee to limit or restrict the licensee's practice or to rehabilitate the licensee, protect the public and ensure the licensee's ability to safely engage in the practice of behavioral health. The board may also require the licensee to successfully complete a board approved rehabilitative, retraining or assessment program.
I. G. If on receipt of a credentialing committee's recommendation the board finds that the information provided pursuant to subsection A of this section is or may be true, the board may request a formal interview with the licensee. If the licensee refuses the invitation for a formal interview or accepts and the results indicate that grounds may exist for revocation or suspension of the licensee's license for more than twelve months, the board shall issue a formal complaint and order that a hearing be held pursuant to title 41, chapter 6, article 10. If after completing a formal interview the board finds that the protection of the public requires emergency action, the board may order a summary suspension of the licensee's license pending formal revocation proceedings or other action authorized by this section.
J. H. If after completing the formal interview the board finds the information provided is not of sufficient seriousness to merit suspension for more than twelve months or revocation of the license, the board may take the following actions:
1. Dismiss if, in the opinion of the board, the information is without merit.
2. File a letter of concern and dismiss the complaint. The licensee may file a written response with the board within thirty days after the licensee receives the letter of concern.
3. Issue a decree of censure. A decree of censure is an official action against the licensee's license and may include a requirement for restitution of fees to a client resulting from violations of this chapter or rules adopted pursuant to this chapter.
4. Fix a period and terms of probation best adapted to protect the public health and safety and rehabilitate or educate the licensee concerned. Probation may include temporary suspension not to exceed twelve months, restriction of the licensee's license to practice behavioral health, a requirement for restitution of fees to a client or education or rehabilitation at the licensee's own expense. If a licensee fails to comply with the terms of probation, the board shall serve the licensee with a written notice that states that the licensee is subject to a formal hearing based on the information considered by the board at the formal interview and any other acts or conduct alleged to be in violation of this chapter or rules adopted by the board pursuant to this chapter, including noncompliance with the terms of probation or a consent agreement.
5. 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.
K. I. If the board finds that the information provided in subsection A or I G of this section warrants suspension or revocation of a license issued under this chapter, the board shall initiate formal proceedings pursuant to title 41, chapter 6, article 10.
L. J. In a formal interview pursuant to subsection I G of this section or in a hearing pursuant to subsection K I of this section, the board in addition to any other action may impose a civil penalty not to exceed one thousand dollars for each violation of this chapter or a rule adopted under this chapter.
M. K. A letter of concern is a public document.
N. L. A licensee who after a formal hearing is found by the board to be guilty of unprofessional conduct, to be mentally or physically unable to safely engage in the practice of behavioral health or to be professionally incompetent is subject to censure, probation as provided in this section, suspension of license or revocation of license or any combination of these, including a stay of action, and for a period of time or permanently and under conditions as the board deems appropriate for the protection of the public health and safety and just in the circumstance. The board may charge all costs incurred in the course of the investigation and formal hearing to the licensee it finds is in violation of this chapter. The board shall deposit, pursuant to sections 35‑146 and 35‑147, monies collected pursuant to this subsection in the board of behavioral health examiners fund established by section 32‑3254.
O. M. If the board during the course of any investigation determines that a criminal violation may have occurred involving the delivery of behavioral health services, the board shall make the evidence of violations available to the appropriate criminal justice agency for its consideration.
P. N. The board shall deposit, pursuant to sections 35‑146 and 35‑147, all monies collected from civil penalties paid pursuant to this chapter in the state general fund.
Q. O. Notice of a complaint and hearing is effective by a true copy of the notice being sent by certified mail to the licensee's last known address of record in the board's files. Notice of the complaint and hearing is complete on the date of its deposit in the mail.
R. P. In determining the appropriate disciplinary action under this section, the board shall consider all previous nondisciplinary and disciplinary actions against a licensee.
S. Q. The board may defer action with regard to an impaired licensee who voluntarily signs an agreement, in a form satisfactory to the board, agreeing to practice restrictions and treatment and monitoring programs deemed necessary by the board to protect the public health and safety. A licensee who is impaired and who does not agree to enter into an agreement with the board is subject to other action as provided pursuant to this chapter.
T. R. Subject to an order duly entered by the board, a person whose license to practice behavioral health has been suspended or restricted pursuant to this chapter, whether voluntarily or by action of the board, may at reasonable intervals apply to the board for reinstatement of the license. The person shall submit the application in writing and in the form prescribed by the board. After conducting an investigation and hearing, the board may grant or deny the application or modify the original finding to reflect any circumstances that have changed sufficiently to warrant modification. The board may require the applicant to pass an examination or complete board imposed continuing education requirements or may impose any other sanctions the board deems appropriate for reentry into the practice of behavioral health.
U. S. A person whose license is revoked, suspended or not renewed must return the license to the offices of the board within ten days after notice of that action.
V. T. The board may enforce a civil penalty imposed pursuant to this section in the superior court in Maricopa county.
W. U. For complaints being brought before a credentialing committee or the full board, the information released to the public regarding an ongoing investigation must clearly indicate that the investigation is a pending complaint and must include the following statement:
Pending complaints represent unproven allegations. On investigation, many complaints are found to be without merit or not of sufficient seriousness to merit disciplinary action against the licensee and are dismissed.
V. The board shall not act on any complaint in which an allegation of unprofessional conduct or any other violation of this chapter occurred more than seven years before the complaint is received by the board. The time limitation does not apply to malpractice settlements or judgements.
W. The board shall not open an investigation if identifying information regarding the complainant is not provided.
X. except for disciplinary matters brought pursuant to section 32‑3251, paragraph 15, subdivision (v), the board has the burden of proof by clear and convincing evidence for disciplinary matters brought pursuant to this chapter.
Sec. 13. Section 32-3282, Arizona Revised Statutes, is amended to read:
32-3282. Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; confidentiality
A. In connection with information received pursuant to section 32‑3281, subsection A, the board or a credentialing committee or the board's or committee's authorized agents or employees at all reasonable times have access to, for the purpose of examination, and the right to copy any psychotherapy notes, documents, reports, records or other physical evidence of any person being investigated, or the reports, records and any other documents maintained by and in possession of any hospital, clinic, physician's office, laboratory, pharmacy or health care institution as defined in section 36‑401 or any other public or private agency, if the psychotherapy notes, documents, reports, records or evidence relate to the specific complaint.
B. For the purpose of all investigations and proceedings conducted by a credentialing committee the board:
1. The board or a credentialing committee on its own initiative may issue subpoenas compelling the attendance and testimony of witnesses or demanding the production for examination or copying of documents or any other physical evidence if the evidence relates to the unauthorized practice of behavioral health or to the competence, unprofessional conduct or mental or physical ability of a licensee to safely practice. Within five days after the service of a subpoena on any person requiring the production of any evidence in that person's possession or under that person's control, the person may petition the board or the credentialing committee to revoke, limit or modify the subpoena. The board or the credentialing committee shall revoke, limit or modify a subpoena if in its opinion the evidence required does not relate to unlawful practices covered by this chapter or is not relevant to the charge that is the subject matter of the hearing or investigation or the subpoena does not describe with sufficient particularity the physical evidence required to be produced. Any member of the board or a credentialing committee and any agent designated by the board may administer oaths, examine witnesses and receive evidence.
2. Any person appearing before the board or a credentialing committee may be represented by counsel.
3. The board shall make available to the licensee who is the subject of the investigation, or the licensee's designated representative, for inspection at the board's office the investigative file at least five business days before a board meeting at which the board considers the complaint. The board may redact any confidential information before releasing the file to the licensee.
3. 4. The superior court, on application by the board or a credentialing committee or by the person subpoenaed, has jurisdiction to issue an order either:
(a) Requiring the person to appear before the board or a credentialing committee or the board's authorized agent to produce evidence relating to the matter under investigation.
(b) Revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to unlawful practices covered by this chapter or is not relevant to grounds for disciplinary action that are the subject matter of the hearing or investigation or the subpoena does not describe with sufficient particularity the physical evidence required to be produced. Any failure to obey an order of the court may be punished by the court as contempt.
C. Records, including clinical records, reports, files or other reports or oral statements relating to examinations, findings or treatments of clients, any information from which a client or the client's family might be identified or information received and records kept by the board or a credentialing committee as a result of the investigation procedure prescribed by this chapter are not available to the public.
D. This section and any other law that makes communications between a licensee and the licensee's client a privileged communication do not apply to investigations or proceedings conducted pursuant to this chapter. The board and a credentialing committee and the board's and committee's employees, agents and representatives shall keep in confidence the names of any clients whose records are reviewed during the course of investigations and proceedings pursuant to this chapter.
Sec. 14. Section 32-3284, Arizona Revised Statutes, is amended to read:
32-3284. Cease and desist orders; injunctions
A. The board or a credentialing committee may issue a cease and desist order or request that an injunction be issued by the superior court to stop a person from engaging in the unauthorized practice of behavioral health or from violating or threatening to violate a statute, rule or order that the board has issued or is empowered to enforce. If the board seeks an injunction to stop the unauthorized practice of behavioral health, it is sufficient to charge that the respondent on a day certain in a named county engaged in the practice of behavioral health without a license and without being exempt from the licensure requirements of this chapter. It is not necessary to show specific damages or injury. The cease and desist order must state the reason for its issuance and give notice of the person's right to request a hearing under applicable procedures prescribed in title 41, chapter 6, article 10.
B. Violation of an injunction shall be punished as for contempt of court.
Sec. 15. Section 32-3291, Arizona Revised Statutes, is amended to read:
32-3291. Licensed baccalaureate social worker; licensure; qualifications; supervision
A. A person who wishes to be licensed by the board to engage in the practice of social work as a licensed baccalaureate social worker shall:
1. Furnish evidence satisfactory to the social work credentialing committee documentation as prescribed by the board by rule that the person has earned a baccalaureate degree in social work from a regionally accredited college or university in a program accredited by the council on social work education or a degree from a foreign school based on a program of study that the board determines is substantially equivalent.
2. Pass an examination approved by the social work credentialing committee board.
B. A licensed baccalaureate social worker shall only engage in clinical practice under direct supervision as prescribed by the board.
C. A licensed baccalaureate social worker shall only engage in nonclinical practice under direct supervision as prescribed by the board unless the licensed baccalaureate social worker has obtained two years of supervised work experience acceptable to the board.
Sec. 16. Section 32-3292, Arizona Revised Statutes, is amended to read:
32-3292. Licensed master social worker; licensure; qualifications; supervision
A. A person who wishes to be licensed by the board to engage in the practice of social work as a licensed master social worker shall:
1. Furnish evidence documentation satisfactory to the social work credentialing committee board that the person has earned a master's or higher degree in social work from a regionally accredited college or university in a program accredited by the council on social work education or a degree from a foreign school based on a program of study that the board determines is substantially equivalent.
2. Pass an examination approved by the social work credentialing committee board.
B. A licensed master social worker shall only engage in clinical practice under direct supervision as prescribed by the board.
Sec. 17. Section 32-3293, Arizona Revised Statutes, is amended to read:
32-3293. Licensed clinical social worker; licensure; qualifications
A person who wishes to be licensed by the board to engage in the practice of social work as a licensed clinical social worker shall:
1. Furnish evidence satisfactory to the social work credentialing committee documentation as prescribed by the board by rule that the person has:
(a) Earned a master's or higher degree in social work from a regionally accredited college or university in a program accredited by the council on social work education or a degree from a foreign school based on a program of study that the board determines is substantially equivalent.
(b) Received at least two years of full‑time or the equivalent part‑time three thousand two hundred hours of post‑master's degree experience in not less than twenty four months under supervision satisfactory to the social work credentialing committee that meets the requirements prescribed by the board by rule. The three thousand two hundred hours must include at least one thousand six hundred hours of direct client contact, not more than one thousand six hundred hours of indirect client service and at least one hundred hours of clinical supervision as prescribed by the board by rule. For the direct client contact hours, not more than four hundred hours may be in psychoeducation. The board by rule may prescribe the number of hours required for functions related to direct client contact and indirect client service.
2. Pass an examination approved by the social work credentialing committee board.
Sec. 18. Section 32-3301, Arizona Revised Statutes, is amended to read:
32-3301. Licensed professional counselor; licensure; requirements
A. A person who wishes to be licensed by the board to engage in the practice of professional counseling as a licensed professional counselor shall:
1. Meet the education requirements of subsection B of this section and the work experience requirements of subsection C f of this section.
2. Pass an examination approved by the counseling credentialing committee board.
B. An applicant for licensure shall furnish evidence satisfactory to the counseling credentialing committee documentation as prescribed by the board by rule that the person has received either a master's or higher degree with a major emphasis in counseling from a regionally accredited college or university in a program of study that includes at least sixty semester credit hours or ninety quarter credit hours at one of the following:
1. A master's degree or higher degree with a major emphasis in counseling from a regionally accredited college or university in a program of study that includes a minimum of forty‑eight semester credit hours or the equivalent in a curriculum approved by the counseling credentialing committee. Beginning on January 1, 2008, the program of study must include a minimum of sixty semester credit hours or the equivalent in a curriculum approved by the counseling credentialing committee.
2. 1. A master's degree or higher degree with a major emphasis in counseling from a program accredited by the council for the accreditation of counseling and related educational programs or the national council on rehabilitation education. that includes a minimum of forty‑eight credit hours or the equivalent. Beginning on January 1, 2008, the program must include a minimum of sixty semester credit hours.
2. A program with a curriculum that has been approved by the board pursuant to section 32‑3253.
3. A program with a curriculum meeting requirements as prescribed by the board by rule.
C. A program that is not accredited by the council for the accreditation of counseling and related educations programs or the national council on rehabilitation education must require seven hundred hours of supervised clinical hours and twenty‑four semester hours or thirty‑two quarter hours in courses in the following eight core content areas as prescribed by the board by rule:
1. Professional orientation and ethical practice.
2. Social and cultural diversity.
3. Human growth and development.
4. Career development.
5. Helping relationships.
6. Group work.
7. Assessment.
8. Research and program evaluation.
D. Credit hours offered above those prescribed pursuant to subsection C of this section must be in studies that provide a broad understanding in counseling related subjects as prescribed by the board by rule.
E. The board may accept equivalent coursework in which core content area subject matter is embedded or contained within another course, including another subject matter.
C. F. An applicant for licensure shall furnish evidence satisfactory to the counseling credentialing committee documentation as prescribed by the board by rule that the applicant has received at least two years of full‑time or the equivalent part‑time three thousand two hundred hours in at least twenty-four months in post‑master's degree work experience in the practice of professional counseling under supervision approved by the credentialing committee that meets the requirements prescribed by the board by rule. An applicant may use a doctoral‑clinical internship to satisfy the requirement for one year of work experience under supervision.
G. The three thousand two hundred hours required pursuant to subsection F of this section must include at least one thousand six hundred hours of direct client contact, not more than one thousand six hundred hours of indirect client service and at least one hundred hours of clinical supervision as prescribed by the board by rule. For the direct client contact hours, not more than four hundred hours may be in psychoeducation. The board by rule may prescribe the number of hours required for functions related to direct client contact and indirect client service.
D. H. An applicant who is deficient in curricular areas or credit hours required pursuant to subsection B, paragraph 1 or 2 of this section may satisfy the curriculum and credit hours those requirements of those paragraphs by successfully completing post‑master's degree course work coursework.
E. I. An applicant who completed a degree before July 1, 1989 and whose course of study did not include a practicum may substitute a one-year doctoral‑clinical internship or an additional year of documented post‑master's degree work experience in order to satisfy the requirements of subsection B, paragraph 1 of this section.
Sec. 19. Section 32-3303, Arizona Revised Statutes, is amended to read:
32-3303. Licensed associate counselor; licensure; requirements; supervision
A. A person who wishes to be licensed by the board to engage in the practice of professional counseling as a licensed associate counselor shall satisfy the requirements of section 32‑3301, subsections B, D and E H and I and pass an examination approved by the counseling credentialing committee board.
B. A licensed associate counselor shall only practice under direct supervision as prescribed by the board.
Sec. 20. Section 32-3311, Arizona Revised Statutes, is amended to read:
32-3311. Licensed marriage and family therapist; licensure; qualifications
A. A person who wishes to be licensed by the board to engage in the practice of marriage and family therapy as a licensed marriage and family therapist shall furnish evidence satisfactory to documentation as prescribed by the board by rule that the person has:
1. Earned a master's or doctorate degree in behavioral science, including, but not limited to, marriage and family therapy, psychology, sociology, counseling and social work, granted by a regionally accredited college or university in a program accredited by the commission on accreditation for marriage and family therapy education or a degree based on a program of study that the board determines is substantially equivalent.
2. Completed two years of full‑time or the equivalent part‑time three thousand two hundred hours of post‑master's degree experience in the practice of marriage and family therapy under supervision as approved by the marriage and family therapy credentialing committee that meets the requirements prescribed by the board by rule, including a minimum of at least one thousand hours of clinical experience with couples and families, at least one thousand six hundred hours of direct client contact and not more than one thousand six hundred hours of indirect client service. For the direct client contact hours, not more than four hundred hours may be in psychoeducation. The board by rule may prescribe the number of hours required for functions related to direct client contact and indirect client service.
3. Passed an examination approved by the marriage and family therapy credentialing committee board.
B. The curriculum for the master's or doctorate degree in behavioral science accepted by the board pursuant to subsection A, paragraph 1 of this section shall include a specified number of graduate courses as approved by the marriage and family therapy credentialing committee prescribed by the board by rule and shall be consistent with national standards of marriage and family therapy. Part of this course of study may be taken in a post‑master's degree program as approved by the marriage and family therapy credentialing committee board.
C. The one thousand hours of clinical experience required by subsection A, paragraph 2 of this section shall include a combination of two hundred hours of group or individual supervision in the practice of marriage and family therapy. The one thousand hours may include one year in an approved marriage and family internship program.
Sec. 21. Section 32-3321, Arizona Revised Statutes, is amended to read:
32-3321. Licensed substance abuse technician; licensed associate substance abuse counselor; licensed independent substance abuse counselor; licensure; qualifications; supervision
A. A person who wishes to be licensed by the board to engage in the practice of substance abuse counseling as a licensed substance abuse technician shall present evidence satisfactory to documentation as prescribed by the board by rule that the person has:
1. Received one of the following:
(a) An associate of applied science degree in chemical dependency or substance abuse with an emphasis on counseling, as determined by the substance abuse credentialing committee that meets the requirements as prescribed by the board by rule, from a regionally accredited college or university.
(b) Beginning January 1, 2009, a bachelor's degree in a behavioral science with an emphasis on counseling, as determined by the substance abuse credentialing committee that meets the requirements as prescribed by the board by rule, from a regionally accredited college or university.
2. Passed an examination approved by the substance abuse credentialing committee Board.
B. A licensed substance abuse technician shall only practice under direct supervision as prescribed by the board.
C. The board may waive the education requirement for an applicant requesting licensure as a substance abuse technician if the applicant provides services pursuant to contracts or grants with the federal government under the authority of Public Law 93‑638 (25 United States Code sections 450 through 450(n)) or Public Law 94‑437 (25 United States Code sections 1601 through 1683). A person who becomes licensed as a substance abuse technician pursuant to this subsection shall only provide substance abuse services to those persons who are eligible for services pursuant to Public Law 93‑638 (25 United States Code sections 450 through 450(n)) or Public Law 94‑437 (25 United States Code section 1601 through 1683).
D. A person who wishes to be licensed by the board to engage in the practice of substance abuse counseling as a licensed associate substance abuse counselor shall present evidence satisfactory to as prescribed by the board by rule that the person has:
1. Received one of the following:
(a) A bachelor's degree in a behavioral science with an emphasis on counseling, as determined by the substance abuse credentialing committee that meets the requirements as prescribed by the board by rule, from a regionally accredited college or university and present evidence satisfactory to that credentialing committee documentation as prescribed by the board by rule that the applicant has received at least two years three thousand two hundred hours of work experience in substance abuse counseling under supervision approved by the substance abuse credentialing committee that meets the requirements prescribed by the board by rule. The three thousand two hundred hours must include a minimum of one thousand six hundred hours of direct client contact and not more than one thousand six hundred hours of indirect client service. For the direct client contact hours, not more than four hundred hours may be in psychoeducation. The board by rule may prescribe the number of hours required for functions related to direct client contact and indirect client service.
(b) A master's degree or a higher degree in a behavioral science with an emphasis on counseling, as determined prescribed by the substance abuse credentialing committee board by rule, from a regionally accredited college or university.
2. Passed an examination approved by the substance abuse credentialing committee board.
E. A licensed associate substance abuse counselor shall only practice under direct supervision as prescribed by the board.
F. A person who wishes to be licensed by the board to engage in the practice of substance abuse counseling as a licensed independent substance abuse counselor shall:
1. Have received a master's degree or higher degree in a behavioral science with an emphasis on counseling, as determined by the substance abuse credentialing committee in a program that is approved by the board pursuant to section 32-3253 or that meets the requirements as prescribed by the board by rule, from a regionally accredited college or university.
2. Present evidence satisfactory to the substance abuse credentialing committee documentation as prescribed by the board by rule that the applicant has received at least two years three thousand two hundred hours of work experience in substance abuse counseling under supervision approved by the committee that meets the requirements as prescribed by the board by rule. The three thousand two hundred hours must include at least one thousand six hundred hours of direct client contact and not more than one thousand six hundred hours of indirect client service. For the direct client contact hours, not more than four hundred hours may be in psychoeducation. The board by rule may prescribe the number of hours required for functions related to direct client contact and indirect client service.
3. Pass an examination approved by the substance abuse credentialing committee board.
Sec. 22. Repeal
Section 41-3013.11, Arizona Revised Statutes, is repealed.
Sec. 23. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3017.14, to read:
41-3017.14. Board of behavioral health examiners; termination July 1, 2017
A. The board of behavioral health examiners terminates on July 1, 2017.
B. Title 32, chapter 33 is repealed on January 1, 2018.
Sec. 24. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the board of behavioral health examiners to promote the safe and professional practice of behavioral health services.
Sec. 25. Task force on patient consent and documentation best practices; rule adoption; delayed repeal
A. The task force on patient consent and documentation best practices is established consisting of the following members:
1. A representative of the board of behavioral health examiners appointed by the board.
2. A representative of the department of health services, appointed by the director of the department of health services.
3. A person who is employed by a licensed qualifying community health center as defined in section 42-5001, Arizona Revised Statutes, and who is not licensed by the board of behavioral health examiners. The director of the department of health services shall appoint this member.
4. A person who provides behavioral health services who is employed by a health care institution, as defined in section 36-401, Arizona Revised Statutes, and who is not licensed by the board of behavioral health examiners. The director of the department of health services shall appoint this member.
5. A person who is employed by a licensed qualifying community health center as defined in section 42-5001, Arizona Revised Statutes, or a health care institution as defined in section 36-401, Arizona Revised Statutes, and who is licensed by the board of behavioral health examiners. The board shall appoint this member.
6. A representative of the Arizona health care cost containment system, appointed by the director of the Arizona health care cost containment system administration.
B. The director of the department of health services shall appoint one member of the task force to serve as the task force chairperson.
C. The task force shall:
1. Examine and evaluate the present requirements of the board of behavioral health examiners and the requirements of the department of health services regarding the form and content of patient consent and documentation required of practitioners licensed by the board of behavioral health examiners and employed in facilities licensed by the department of health services.
2. Make recommendations for best practices for the form and content of patient consent and documentation for practitioners licensed by the board of behavioral health examiners that assure consistent regulation by the board and the department of health services.
3. Submit a written report that contains the task force's recommendations and findings by March 31, 2014, to the governor, the speaker of the house of representatives and the president of the senate. The task force shall provide a copy of the report to the secretary of state.
D. The task force may use the services and expertise of the staff of the department of health services.
E. The board of behavioral health examiners and the department of health services shall adopt the recommendations in its rules by March 31, 2015.
F. This section is repealed from and after May 31, 2014.
Sec. 26. Board membership
Notwithstanding section 32-3252, Arizona Revised Statutes, as amended by this act, the appointed members of the board of behavioral health examiners who are currently serving shall continue to serve until their terms expire.
Sec. 27. Exemption from rule making
A. For the purposes of this act, the board of behavioral health examiners is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, until November 1, 2015.
B. Notwithstanding subsection A of this section, the board shall allow interested parties to provide written comments or testimony on proposed rules to the board as provided in section 41-1023, Arizona Revised Statutes, and have the board adequately address those comments as provided in section 41‑1052, subsection D, Arizona Revised Statutes, including comments or testimony concerning the information contained in the economic, small business and consumer impact statement. The board shall prepare a mailing list of persons who wish to be notified of hearings relating to proposed rule changes. The board shall hold at least two public hearings on its proposed rules before adoption and shall testify before the joint legislative budget committee regarding the proposed rules.
Sec. 28. Quarterly progress reports on implementation; repeal
A. Beginning January 1, 2014, the board of behavioral health examiners shall provide the speaker of the house of representatives, the president of the senate, the members of the house and senate health committees or their successor committees and the auditor general's office with a quarterly progress report on the implementation of this act. The report shall include:
1. Information regarding difficulties and delays in implementing this act.
2. Information on problems with specific statutory provisions and recommendations for solutions.
3. The progress of the adoption of rules as required by this act.
B. The first report shall be provided on or before January 31, 2014 and quarterly thereafter.
C. This section is repealed from and after June 30, 2017.
Sec. 29. Retroactivity
Sections 22 and 23 of this act are effective retroactively to July 1, 2013.
Sec. 30. Effective date
A. Section 32-3252, Arizona Revised Statutes, as amended by this act, is effective from and after September 30, 2013.
B. Sections 32-3253, 32-3273, 32-3291, 32-3292, 32‑3293, 32‑3301, 32‑3303, 32-3311 and 32-3321, Arizona Revised Statutes, as amended by this act, are effective from and after October 31, 2015.
C. Section 32-3261, Arizona Revised Statutes, as added by this act, is effective from and after October 31, 2015.
D. Section 5 of this act, relating to the heading change of title 32, chapter 33, article 2, Arizona Revised Statutes, is effective from and after October 31, 2015.
APPROVED BY THE GOVERNOR JUNE 20, 2013.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 20, 2013.
