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SB1145 - 572R - S Ver
Senate Engrossed
behavior analysts;
committee; regulatory authority
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1145
AN
ACT
amending
sections 32-2062, 32-2063 and 32-2091.15, Arizona Revised
Statutes; relating to behavior analysts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2062, Arizona Revised
Statutes, is amended to read:
START_STATUTE
32-2062.
State board of psychologist examiners; members; qualifications;
appointments; terms; compensation; immunity
A. The state board of psychologist examiners is
established consisting of
ten
eight
members
who are
appointed by the governor pursuant to
section 38-211.
B. Each member of the board shall be a citizen of
the United States and a resident of this state at the time of appointment.
Seven
Five
members shall be licensed
pursuant to this chapter
,
and three
members
shall be public members who are not eligible for
licensure. The board shall have at all times, except for the period
when a vacancy exists, at least two members who are licensed as psychologists
and who are full-time faculty members from universities in this state with a
doctoral program in psychology that meets the requirements of section 32-2071
,
and
at least three members who are
psychologists in professional practice
and at least two members
who are behavior analysts in professional practice and who are members of the
committee on behavior analysts
. The public members shall not
have a substantial financial interest in the health care industry and shall not
have a household member who is eligible for licensure under this chapter.
C. Each member shall serve for a term of five years
beginning and ending on the third Monday in January.
D. A vacancy on the board occurring other than by
the expiration of term shall be filled by appointment by the governor for the
unexpired term as provided in subsection C of this section. The
governor, after a hearing, may remove any member of the board for misconduct,
incompetency or neglect of duty.
E. Board members shall receive compensation in the
amount of
one hundred dollars
$100
for each cumulative eight hours of actual service in the business of the board
and reimbursement of all expenses pursuant to title 38, chapter 4, article 2.
F. Members of the board and its employees,
consultants and test examiners are personally immune from suit with respect to
all acts done and actions taken in good faith and in furtherance of the
purposes of this chapter.
END_STATUTE
Sec. 2. Section 32-2063, Arizona Revised
Statutes, is amended to read:
START_STATUTE
32-2063.
Powers and duties
A. The board shall:
1. Administer and enforce this chapter and board
rules.
2. Regulate disciplinary actions, the granting,
denial, revocation, renewal and suspension of licenses and the rehabilitation
of licensees pursuant to this chapter and board rules.
3. Prescribe the forms, content and manner of
application for
initial licensure, temporary
licensure
and renewal of licensure and set deadlines for the receipt of materials
required by the board.
4. Keep a record of all licensees, board actions
taken on all applicants and licensees and the receipt and disbursal of monies.
5. Adopt an official seal for attesting licenses and
other official papers and documents.
6. Investigate charges of violations of this chapter
and board rules and orders.
7. Subject to title 41, chapter 4, article 4, employ
an executive director who serves at the pleasure of the board.
8. Annually elect from among its membership a
chairman
chairperson
, a vice
chairman
chairperson
and a secretary, who
serve at the pleasure of the board.
9. Adopt rules pursuant to title 41, chapter 6 to
carry out this chapter and to define unprofessional conduct.
10. Engage in a full exchange of information with
other regulatory boards and psychological associations, national psychology
organizations and the Arizona psychological association and its components.
11. By rule, adopt a code of ethics relating to the
practice of psychology. The board shall base this code on the code
of ethics adopted and published by the American psychological association.� The
board shall apply the code to all board enforcement policies and disciplinary
case evaluations and development of licensing examinations.
12. Adopt rules regarding the use of telepractice.
13. Before the board takes action,
receive and consider recommendations from the committee on behavior analysts on
all matters relating to licensing and regulating behavior analysts, as well as
regulatory changes pertaining to the practice of behavior analysis, except in
the case of a summary suspension of a license pursuant to section 32-2091.09,
subsection E.
14.
13.
Beginning January 1, 2022,
Require each applicant for an initial
or temporary license or a license renewal pursuant to this chapter to have
applied for a fingerprint clearance card pursuant to title 41, chapter 12,
article 3.1. If an applicant is issued a valid fingerprint clearance
card, the applicant shall submit the valid fingerprint clearance card to the
board with the completed application. If an applicant applies for a
fingerprint clearance card and is denied, the applicant may request that the
board consider the application for licensure notwithstanding the absence of a
valid fingerprint clearance card. The board, in its discretion, may
approve an application for licensure despite the denial of a valid fingerprint
clearance card if the board determines that the applicant's criminal history
information on which the denial is based does not alone disqualify the
applicant from licensure.
14. Delegate to the committee on
behavior analysts the board's authority pursuant to sections 32-2091.06,
32-2091.07 and 32-2091.09 relating to licensing and regulating
behavior analysts. The board shall adopt substantive policy
statements pursuant to section 41-1091 for each specific licensing and
regulatory authority the board delegates to the committee on behavior analysts.
B. Subject to title 41, chapter 4, article 4, the
board may employ personnel it deems necessary to carry out this
chapter. The board, in investigating violations of this chapter, may
employ investigators who may be psychologists. The board or its
executive director may take and hear evidence, administer oaths and
affirmations and compel by subpoena the attendance of witnesses and the
production of books, papers, records, documents and other information relating
to the investigation or hearing.
C. Subject to section 35-149, the board may
accept, expend and account for gifts, grants, devises and other contributions,
monies or property from any public or private source, including the federal
government. The board shall deposit, pursuant to sections 35-146
and 35-147, monies received pursuant to this subsection in special funds
for the purpose specified, and monies in these funds are exempt from the
provisions of section 35-190 relating to lapsing of appropriations.
D. Compensation for all personnel shall be
determined pursuant to section 38-611.
END_STATUTE
Sec. 3. Section 32-2091.15, Arizona Revised
Statutes, is amended to read:
START_STATUTE
32-2091.15.
Committee on behavior analysts; membership; duties; board
responsibilities
A. The committee on behavior analysts is established
within the state board of psychologist examiners consisting of five members who
are appointed by the governor and who serve at the pleasure of the governor.�
Each member shall serve for a term of five years beginning and ending on the
third Monday in January. A committee member may not serve more than
two full consecutive terms.
B. All members of the committee shall be licensed
behavior analysts in professional practice
, two of whom shall be
members of the board
. The committee shall annually elect a
chairperson from among its membership.
C. Within one year after their initial appointment
to the committee, members shall receive at least five hours of training
prescribed by the board that includes instruction in ethics and open meeting
requirements.
D. Committee members shall receive reimbursement of
all expenses pursuant to title 38, chapter 4, article 2.
E.
The
committee shall make recommendations to the board on all matters relating to
the licensing and regulation of behavior analysts.
� The committee may
recommend regulatory changes to the board that are not specific to an
individual licensee, but the committee shall obtain public input from behavior
analyst licensees or their designated representatives before making any final
recommendation to the board.
END_STATUTE
Sec. 4.
Effective date
This act is effective from and after
December 31, 2026.