behavioral health board; accreditation requirements

HB2483 - 572R - I Ver

REFERENCE TITLE:
behavioral health board; accreditation requirements

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2483

Introduced by

Representative
Gress

AN
ACT

amending sections 32-3251, 32-3253,
32-3261, 32-3271, 32-3274, 32-3281, 32-3291, 32-3292, 32-3293, 32-3301,
32-3311 and 32-3321, arizona revised statutes; relating to behavioral health
professionals.

(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:

START_STATUTE
32-3251.

Definitions

In this chapter, unless the context otherwise requires:

1. "Accredited" means
accredited, or in candidacy or REACCREDITATION status at the time the degree is
conferred and subsequently accredited, by an accrediting agency recognized by
either:

(
a
) The council
for higher education accreditation or its successor.

(
b
) The united
states department of education or its successor.

1.
2.
"Board"
means the board of behavioral health examiners.

2.
3.
"Client"
means a patient who receives behavioral health services from a person licensed
pursuant to this chapter.

3.
4.
"Direct
client contact" means 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, including through the use of telehealth pursuant to title 36,
chapter 36, article 1.

4.
5.
"Equivalent"
means comparable in content and quality but not identical.

5.
6.
"Indirect
client service":

(a) Means 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.

(b) Does not include the provision of
psychoeducation.

6.
7.
"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.

7.
8.
"Licensee"
means a person who is licensed pursuant to this chapter.

8.
9.
"Practice
of addiction counseling":

(a) 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 an addiction that is a
persistent, compulsive dependence on a behavior or substance, including
mood-altering behaviors or activities known as process addictions, and related
problems and to the families of those persons.

(b) Includes the
following:

(i) Assessment,
appraisal and diagnosis.

(ii) The use of psychotherapy for the purpose of
evaluation, diagnosis and treatment of individuals, couples, families and
groups.

9.
10.
"Practice
of behavioral health" means the practice of marriage and family therapy,
practice of professional counseling, practice of social work and practice of
addiction counseling pursuant to this chapter.

10.
11.
"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.

11.
12.
"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.

12.
13.
"Practice
of social work" means the professional application of social work
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.

13.
14.
"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.

14.
15.
"Psychotherapy"
means a variety of treatment methods developing out of generally accepted
theories about human behavior and development.

15.
16.
"Telehealth"
has the same meaning prescribed in section 36-3601.

16.
17.
"Unprofessional
conduct" includes the following, whether occurring in this state or
elsewhere:

(a) Being convicted of a felony. Conviction
by a court of competent jurisdiction or a plea of no contest is conclusive
evidence of the conviction.

(b) Using fraud or deceit in connection with
rendering services as a licensee or in establishing qualifications pursuant to
this chapter.

(c) Making any oral or written misrepresentation of
a fact:

(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) Making 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) Engaging in 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) Engaging in conduct that the board determines is
gross negligence or repeated negligence in the licensee's profession.

(k) Engaging in 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) Engaging in 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 allowed
by a legally 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) Engaging in 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, the 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) Engaging in 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) Using fraud or deceit in connection with taking
or assisting another person in taking a licensure examination.
END_STATUTE

Sec. 2. Section 32-3253, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-3253.

Powers and duties; committee on executive director selection and
retention

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, 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 fees by rule, except that the board is
exempt from the rulemaking requirements of title 41, chapter 6 for the purposes
of reducing or eliminating fees.

5. Collect fees and spend monies.

6. Keep a record of all persons who are 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. Conduct investigations and determine on its own
motion whether 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.

9. Conduct disciplinary actions pursuant to this
chapter and board rules.

10. Establish and enforce standards or criteria of
programs or other mechanisms to ensure the continuing competence of licensees.

11. Establish and enforce compliance with
professional standards and rules of conduct for licensees.

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.

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
are 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.

18. Adopt rules regarding the use of telehealth.

19. If an applicant is required to pass an
examination for licensure, allow the applicant to take the examination three
times during a twelve-month period.

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 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.

D. The board shall establish a confidential program
for the monitoring of licensees who are chemically dependent or who have
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 is 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
after
the record was created.

F. The committee on executive director selection and
retention is established consisting of the members of the board of behavioral
health examiners and the chairperson and vice chairperson of the board of
massage therapy. The committee is a public body and is subject to
the requirements of title 38, chapter 3, article 3.1. The committee
is responsible for appointing the executive director pursuant to section 32-3255.�
All members of the committee are voting members.� The committee shall elect a
chairperson and a vice chairperson.� The chairperson shall call meetings of the
committee as necessary and, if the chairperson is not available, the vice
chairperson may call meetings of the committee as necessary. The
committee meetings may be held using communications equipment that allows all
members who are participating in the meeting to hear each other.� If any
discussions occur in an executive session of the committee, notwithstanding the
requirement that discussions made at an executive session be kept confidential
as specified in section 38-431.03, the chairperson and vice chairperson
of the board of massage therapy may discuss this information with the members
of the board of massage therapy in executive session.� This disclosure of
executive session information to the members of the board of massage therapy
does not constitute a waiver of confidentiality or any privilege, including the
attorney-client privilege.
END_STATUTE

Sec. 3. Section 32-3261, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-3261.

Academic review committees; members; appointment; qualifications;
terms; compensation; immunity; training

A. The board shall 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 whether an applicant
,
whose curriculum has not been approved pursuant to
section 32-3253, subsection A, paragraph 14 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.

2. On referral by the executive director, make
recommendations to the board regarding whether an applicant has met the
requirements of supervised work experience required for licensure pursuant to
this chapter or board rules.

3. Make specific findings concerning an
application's deficiencies.

4. Review applications and make recommendations to
the board for curriculum approval applications made pursuant to section 32-3253,
subsection A, paragraph 14.

5. At the request of the board, make recommendations
regarding examinations required pursuant to this chapter.

6. Review applications for and make determinations
regarding exemptions related to clinical supervision requirements.

B. If an application is referred to an academic
review committee for review and the academic review committee finds that
additional information is needed from the applicant, the academic review
committee shall provide a comprehensive written request for additional
information to the applicant.

C. 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 of whom is licensed in the professional area
pursuant to this chapter and
have

has
five
years of experience in the applicable profession.� At least one member must
have served within the previous ten years as core or full-time faculty at
a regionally

an
accredited college or
university in a program related to the applicable profession and have experience
in the design and development of the curriculum of a related program.� If
qualified, a faculty member may serve on more than one academic review
committee. A board member may not be appointed to serve on an
academic review committee.

D.
Committee members shall initially
be appointed by the board.� From and after January 1, 2016,
The governor
shall appoint the committee members.�
A committee member who is
initially appointed by the board may be reappointed by the governor.
� A
committee member
who is initially appointed by the board

shall continue to serve until appointed or replaced by the governor.

E. Committee members serve at the pleasure of the
governor for terms of three years. A member shall not serve more
than two full consecutive terms.

F. Committee members are eligible to receive
compensation of not more than
eighty-five dollars
$85
for each day actually and necessarily spent in the
performance of their duties.

G. An academic review committee shall annually elect
a chairman and secretary from its membership.

H. 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.

I. Committee members shall receive at least five
hours of training as prescribed by the board within one year after the member
is initially appointed
and
that includes instruction in
ethics and open meeting requirements.
END_STATUTE

Sec. 4. Section 32-3271, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-3271.

Exceptions to licensure; jurisdiction

A. This chapter does not apply to:

1. A person who is currently licensed, certified or
regulated pursuant to another chapter of this title and who provides services
within the person's scope of practice if the person does not claim to be
licensed pursuant to this chapter.

2. A person who is not a resident of this state if
the person:

(a) Performs behavioral health services in this
state for not more than ninety days in any one calendar year as prescribed by
board rule.

(b) Is authorized to perform these services pursuant
to the laws of the state or country in which the person resides or pursuant to
the laws of a federally recognized Indian tribe.

(c) Informs the client of the limited nature of
these services and that the person is not licensed in this state.

3. A rabbi, priest, minister or member of the clergy
of any religious denomination or sect if the activities and services that
person performs are within the scope of the performance of the regular or
specialized ministerial duties of an established and legally recognizable
church, denomination or sect and the person performing the services remains
accountable to the established authority of the church, denomination or sect.

4. A member-run self-help or self-growth
group if no member of the group receives direct or indirect financial
compensation.

5. A behavioral health technician or behavioral
health paraprofessional who is employed by an agency licensed by the department
of health services.

6. A person contracting with the supreme court or a
person employed by or contracting with an agency under contract with the
supreme court who is otherwise ineligible to be licensed or who is in the
process of applying to be licensed under this chapter as long as that person is
in compliance with the supreme court contract conditions regarding professional
counseling services and practices only under supervision.

7. A person who is employed by the department of
economic security or the department of child safety and who practices social
work, marriage and family therapy, addiction counseling, counseling and case
management within the scope of the person's job duties and under direct
supervision by the employer department.

8. A student, intern or trainee who is pursuing a
course of study in social work, counseling, marriage and family therapy,
addiction counseling or case management in
a regionally

an
accredited institution of higher education or training
institution if the person's activities are performed under qualified
supervision and are part of the person's supervised course of study.

9. A person who is practicing social work,
counseling and case management and who is employed by an agency licensed by the
department of economic security or the department of child safety.

10. A paraprofessional who is employed by the
department of economic security or by an agency licensed by the department of
economic security.

11. A Christian Science practitioner if all of the
following are true:

(a) The person is not providing psychotherapy.

(b) The activities and services the person performs
are within the scope of the performance of the regular or specialized duties of
a Christian Science practitioner.

(c) The person remains accountable to the
established authority of the practitioner's church.

12. A person who is not providing psychotherapy.

13. For a period of ninety days, a person who has
completed the person's course of study in social work, counseling, marriage and
family therapy or addiction counseling from
a regionally

an
accredited institution of higher education, who has
graduated, who possesses a valid fingerprint clearance card issued pursuant to
title 41, chapter 12, article 3.1 and who is in the process of applying for an
associate level license pursuant to this chapter if the person's activities are
performed under qualified supervision by a person who provided direct
supervision during the course of study or internship. The person may
apply any direct client contact work experience obtained during the ninety-day
period while the person's application is pending toward the person's direct
client contact work experience licensure requirements.

B. A person who provides services pursuant to
subsection A, paragraph 2 of this section is deemed to have agreed to the
jurisdiction of the board and to be bound by the laws of this state.
END_STATUTE

Sec. 5. Section 32-3274, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-3274.

Licensure by endorsement

A. The board may issue a license by endorsement to a
person in that person's behavioral health discipline if the person is licensed
or certified by the regulatory agency of one or more other states or federal
jurisdictions at a substantially 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. Is currently licensed or certified in behavioral
health by the regulatory agency of one or more other states or federal
jurisdictions and each license or certification is current and in good
standing.

2. Has been licensed or certified for at least one
year in one or more other states or federal jurisdictions in the discipline and
practice level for which an application is submitted. The practice
level of the jurisdictions must be substantially equivalent, as determined by
the board, to the practice level for which the application is submitted.

3. Meets the basic requirements for licensure
prescribed by section 32-3275.

4. Submits to the board all of the following:

(a) A listing of 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.

(b) Verification of licensure or certification from
every jurisdiction in which the person is licensed or certified for the
discipline and practice level for which the person applies.

(c) Any other procedural application requirements
adopted by the board in rule.

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

an

accredited college or university:

1. Licensed clinical social worker.

2. Licensed professional counselor.

3. Licensed marriage and family therapist.

4. Licensed independent addiction counselor.

C. Except for licenses by endorsement issued in the
practice levels prescribed in subsection B of this section, a person who is
issued a license pursuant to this section shall practice behavioral health only
under the direct supervision of a licensee.

D. The board by rule may prescribe a procedure to
issue licenses pursuant to this section.
END_STATUTE

Sec. 6. Section 32-3281, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-3281.

Disciplinary action; investigations; hearings; civil penalty;
timely complaints; burden of proof

A. 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. A motion by the board to initiate an investigation shall be
made at an open and properly noticed board meeting and shall include the basis
on which the investigation is being initiated and the name of the board member
making the motion.� The board's vote on the motion to initiate an investigation
shall be recorded. As part of its investigation, the board may hold
an investigational meeting pursuant to this chapter. Any person may,
and a licensee and any entity licensed by the department of health services
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
department of health services any entity licensed by the department of health
services 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. On determination of reasonable cause, the board
shall require, at the licensee's own expense, any combination of mental,
physical or 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 the board with respect to any information filed
with the board under subsection A of this section.� These examinations may
include biological fluid testing. The board may require the
licensee, at the licensee's expense, to undergo assessment by a rehabilitative,
retraining or assessment program approved by the 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 investigation the board
finds that the information provided is not of sufficient seriousness to merit
disciplinary action against the licensee, the board shall either:

1. Dismiss the complaint 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.

E. A complaint dismissed by the 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 board
believes that the information is or may be true, 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
board-approved

rehabilitative, retraining or assessment program.

G. If 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.

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.

I. If the board finds that the information provided
in subsection A or 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.

J. In a formal interview pursuant to subsection G of
this section or in a hearing pursuant to subsection I of this section, the
board
,
in addition to any other action
,

may impose a civil penalty
of
not
to exceed
one thousand dollars

more than $1,000
for each
violation of this chapter or a rule adopted under this chapter.

K. A letter of concern is a public document.

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.

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.

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.

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.

P. In determining the appropriate disciplinary
action under this section, the board shall consider all previous
nondisciplinary and disciplinary actions against a licensee.

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.

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.

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.

T. The board may enforce a civil penalty imposed
pursuant to this section in the superior court in Maricopa county.

U. For complaints being brought before 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 its own motion or on
any complaint received by the board in which an allegation of unprofessional
conduct or any other violation of this chapter against a professional who holds
an Arizona license occurred more than four years before the complaint is
received by the board. The time limitation does not apply to:

1. Malpractice settlements or judgments
,
allegations of sexual misconduct or an incident or occurrence
that involved a felony, diversion of a controlled substance or impairment while
practicing by the licensee.

2. The board's consideration of the specific
unprofessional conduct related to the licensee's failure to disclose conduct or
a violation as required by law.

W. The board shall not open an investigation if
identifying information regarding the complainant is not provided.

X. Except for disciplinary matters prescribed by
section 32-3251, paragraph
16
17
,
subdivision (v), the board has the burden of proof by clear and convincing
evidence for disciplinary matters brought pursuant to this chapter.
END_STATUTE

Sec. 7. Section 32-3291, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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 documentation as prescribed by the board
by rule that the person has earned a baccalaureate degree in social work from
a regionally

an
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 board.�

B. A licensed baccalaureate social worker shall
only
engage in clinical practice
only
under
direct supervision as prescribed by the board.
END_STATUTE

Sec. 8. Section 32-3292, Arizona Revised Statutes, is amended to read:

START_STATUTE
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 documentation satisfactory to the board
that the person has earned a master's or higher degree in social work from
a regionally

an
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 board.�

B. A licensed master social worker shall
only
engage in clinical practice
only
under
direct supervision as prescribed by the board.
END_STATUTE

Sec. 9. Section 32-3293, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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 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

an
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 twenty-four months of
post-master's degree experience in the practice of clinical social work
under supervision that includes at least one thousand six hundred hours of
direct client contact that meets the requirements prescribed by the board by
rule.� For clinical supervision, at least one hundred hours of experience must
be as prescribed by the board by rule.� For direct client contact hours, not
more than four hundred hours may be in psychoeducation.

2. Provide documentation on a board-approved
form completed by the person's supervisor attesting that the person both:

(a) Was observed during supervised hours to have
demonstrated satisfactory competency in clinical documentation, consultation,
collaboration and coordination of care related to clients to whom the person
provided direct care.

(b) Has a rating of at least satisfactory in overall
performance.

3. Pass an examination approved by the board.
END_STATUTE

Sec. 10. Section 32-3301, Arizona Revised Statutes, is amended to read:

START_STATUTE
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 F of this
section.

2. Pass an examination approved by the board.�

B. An applicant for licensure shall furnish
documentation as prescribed by the board by rule that the person has received a
master's or higher degree with a major emphasis in counseling from
a regionally

an
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 program accredited by the council for the
accreditation of counseling and related educational programs or the national
council on rehabilitation education.�

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.

F. An applicant for licensure shall furnish
documentation as prescribed by the board by rule that the applicant has
received at least twenty-four months in post-master's degree work
experience in the practice of professional counseling under supervision that
includes at least one thousand six hundred hours of direct client contact and
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. In addition to the requirements of subsection F
of this section, the applicant must have 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.�

H. The applicant's supervisor shall attest on a
board-approved form that the applicant both:

1. Was observed during supervised hours to have
demonstrated satisfactory competency in clinical documentation, consultation,
collaboration and coordination of care related to clients to whom the applicant
provided direct care.

2. Has a rating of at least satisfactory in overall
performance.

I. An applicant who is deficient in hours required
pursuant to subsection B of this section may satisfy those requirements by
successfully completing post-master's degree coursework.

J. 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 of this section.
END_STATUTE

Sec. 11. Section 32-3311, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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 documentation as prescribed by the board by
rule that the person has:

1. Earned a master's or doctoral degree in
behavioral science, including, but not limited to, marriage and family therapy,
psychology, sociology, counseling and social work, granted by
a
regionally

an
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 one thousand six hundred hours of post-master's
degree experience in at least twenty-four months in the practice of
marriage and family therapy under supervision that meets the requirements
prescribed by the board by rule. For the direct client contact
hours, not more than four hundred hours may be in psychoeducation. The
one thousand six hundred hours must consist of direct client contact and
include at least one thousand hours of clinical experience with couples and
families and at least one hundred hours of clinical supervision as prescribed
by the board by rule.

3. Passed an examination approved by the board.

4. Provided an attestation from the person's
supervisor on a board-approved form that the person both:

(a) Was observed during supervised hours to have
demonstrated satisfactory competency in clinical documentation, consultation,
collaboration and coordination of care related to clients to whom the person
provided direct care.

(b) Has a rating of at least satisfactory in overall
performance.

B. The curriculum for the master's or doctoral
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 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 board.

C. The one thousand hours of clinical experience
required by subsection A, paragraph 2 of this section may include one year in
an approved marriage and family doctoral internship program.
END_STATUTE

Sec. 12.
Heading change

The article heading of title 32,
chapter 33, article 8, Arizona Revised Statutes, is changed from
"SUBSTANCE ABUSE COUNSELING" to "ADDICTION COUNSELING".

Sec. 13. Section 32-3321, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-3321.

Licensed addiction technician; licensed associate addiction
counselor; licensed independent addiction counselor; qualifications;
supervision

A. A person who wishes to be licensed by the board
to engage in the practice of addiction counseling as a licensed addiction
technician shall present documentation as prescribed by the board by rule that
the person has:

1. Received one of the following:

(a) An associate degree in addiction with an
emphasis on counseling that meets the requirements as prescribed by the board
by rule from
a regionally

an
accredited
college or university.

(b) A bachelor's degree in a behavioral science with
an emphasis on counseling that meets the requirements as prescribed by the
board by rule from
a regionally

an
accredited
college or university.

2. Passed an
examination approved by the board.

B. A licensed
addiction technician shall practice only under direct supervision as prescribed
by the board.

C. The board may waive the education requirement for
an applicant requesting licensure as an addiction 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
5301 through 5332) or Public Law 94-437 (25 United States Code sections
1601 through 1683). A person who becomes licensed as an addiction
technician pursuant to this subsection shall provide addiction services only to
those persons who are eligible for services pursuant to Public Law 93-638
(25 United States Code sections 5301 through 5332) or Public Law 94-437
(25 United States Code sections 1601 through 1683).

D. A person who wishes to be licensed by the board
to engage in the practice of addiction counseling as a licensed associate
addiction counselor shall present evidence 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 that meets the requirements as prescribed by the
board by rule from
a regionally

an
accredited
college or university and present documentation as prescribed by the board by
rule that the applicant has received at least one thousand six hundred hours of
direct client contact work experience in at least twenty-four months in
addiction counseling under supervision that meets the requirements prescribed
by the board by rule. For the direct client contact hours, not more
than four hundred hours may be in psychoeducation.

(b) A master's or higher degree in a behavioral
science with an emphasis on counseling as prescribed by the board by rule from
a regionally

an
accredited college or
university.

2. Passed an examination approved by the board.

3. Provided an attestation from the person's
supervisor on a board-approved form that the person both:

(a) Was observed during supervised hours to have
demonstrated satisfactory competency in clinical documentation, consultation,
collaboration and coordination of care related to clients to whom the person
provided direct care.

(b) Has a rating of at least satisfactory in overall
performance.

E. A licensed associate addiction counselor shall
practice only 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 addiction counseling as a licensed independent
addiction counselor shall:

1. Have received a
master's or higher degree in a behavioral science with an emphasis on
counseling, 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

an
accredited college or
university.

2. Present documentation as prescribed by the board
by rule that the applicant has received at least one thousand six hundred hours
of work experience in at least twenty-four months in addiction counseling
with direct client contact under supervision that meets the requirements as
prescribed by the board by rule. For the direct client contact
hours, not more than four hundred hours may be in psychoeducation.�

3. Pass an examination approved by the board.

4. Provide an attestation from the person's
supervisor on a board-approved form that the person both:

(a) Was observed during supervised hours to have
demonstrated satisfactory competency in clinical documentation, consultation,
collaboration and coordination of care related to clients to whom the person
provided direct care.

(b) Has a rating of at least satisfactory in overall
performance.

END_STATUTE