|
Conference Engrossed |
|
State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
|
|
SENATE BILL 1443 |
|
|
|
|
AN ACT
Amending sections 32‑2065 and 32‑3214, Arizona Revised Statutes; amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding sections 32‑3221 and 32‑3222; amending sections 32‑3254 and 32‑3261, Arizona Revised Statutes; providing for transferring and renumbering; amending sections 32‑3331, 32‑3334 and 32‑3338, Arizona Revised Statutes, as transferred and renumbered; appropriating monies; relating to health profession regulatory boards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2065, Arizona Revised Statutes, is amended to read:
32-2065. Board of psychologist examiners fund
A. The board of psychologist examiners fund is established.
B. Except as provided in section 32‑2081 and section 32‑2091.09, subsection J, pursuant to sections 35‑146 and 35‑147, the board shall deposit ten per cent percent of all monies collected pursuant to this chapter in the state general fund and deposit the remaining ninety per cent percent in the board of psychologist examiners fund.
C. All monies deposited in the board of psychologist examiners fund are subject to section 35‑143.01.
D. All monies deposited in the board of psychologist examiners fund pursuant to section 32‑2067 and any monies received pursuant to section 32‑2063, subsection C for psychologist licensing and regulation must be used only for the licensing and regulation of psychologists pursuant to this article and articles 2 and 3 of this chapter and may not be used for the licensing and regulation of behavior analysts pursuant to article 4 of this chapter.
E. All monies deposited in the board of psychologist examiners fund pursuant to article 4 of this chapter and any monies received pursuant to section 32‑2063, subsection C for behavior analyst licensing and regulation must be used only for the licensing and regulation of behavior analysts pursuant to article 4 of this chapter and may not be used for the licensing and regulation of psychologists pursuant to this article and articles 2 and 3 of this chapter.
F. The board shall establish a separate account in the fund for monies transferred to the fund pursuant to article 4 of this chapter and any monies received pursuant to section 32‑2063, subsection C for behavior analyst licensing and regulation.
Sec. 2. Section 32-3214, Arizona Revised Statutes, is amended to read:
32-3214. Board actions; records; website; compliance deadline
A. If a health profession regulatory board dismisses a complaint, the record of that complaint is available to that regulatory board and the public pursuant to section 39‑121 but may not appear on the board's website. For the purposes of this subsection, "dismisses a complaint" means that a board does not issue a disciplinary or nondisciplinary order or action against a licensee or certificate holder.
B. If a health profession regulatory board issues a nondisciplinary order or action against a licensee or certificate holder, the record of the nondisciplinary order or action is available to that board and the public pursuant to section 39‑121, but may not appear shall be available on the board's website, except that a practice limitation or restriction, and documentation relating to that action, may appear on the board's website for a period of five years.
C. If a health profession regulatory board maintains a website, the board must display on its website a statement that a person may obtain additional public records related to any licensee or certificate holder, including dismissed complaints and nondisciplinary actions and orders, by contacting the board directly.
D. This section does not prohibit a health profession regulatory board from conducting its authorized duties in a public meeting.
E. Subsections A and B of this section do not apply to meeting minutes and notices kept by the board in accordance with the public meeting requirements of title 38, chapter 3, article 3.1.
F. A health profession regulatory board must comply with the requirements of this section on or before January 1, 2012 2017.
Sec. 3. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding sections 32-3221 and 32‑3222, to read:
32-3221. Health profession regulatory boards; terms of members; availability of board meeting recordings; websites
A. Notwithstanding any other provision of this title, a member of a health profession regulatory board is not eligible for reappointment to that board once the person has been appointed for two full terms, in addition to any time served on the board to fill a vacancy. A person may be reappointed to a health profession regulatory board once the person has not been on the board for a time period of at least one full term.
B. Each health profession regulatory board shall audio or video record all open meetings of the board and shall maintain these recordings for three years after the date of the recording. the health profession regulatory board, within five business days after the board meeting that is the subject of the recording, shall either:
1. Post the audio or video recording on the board's website.
2. Post notice on the board's website of the availability of the audio or video recording.
C. Each health profession regulatory board shall provide on the board's website a list of all board‑specific contract employment opportunities and a link to the state procurement office to apply for those positions.
32-3222. Health profession regulatory boards; nondisciplinary confidential monitoring programs
a. Each health profession regulatory board may establish a nondisciplinary confidential program, including enrollment criteria for participation in the program, for The monitoring of a licensee or certificate holder who has been reported to or who voluntarily reports to the licensee's or certificate holder's regulatory board and who may be chemically dependent or who may have a medical, psychiatric, psychological or behavioral health disorder that may impact the licensee's or certificate holder's ability to safely practice or perform health care tasks.
B. A program established pursuant to subsection a of this section may include education, intervention, therapeutic treatment and posttreatment monitoring and support. The licensee or certificate holder is responsible for the costs associated with any treatment, rehabilitation or monitoring under a program established pursuant to subsection A of this section. The health profession regulatory board and the licensee or certificate holder may agree to enter into a nondisciplinary confidential stipulated agreement for participation in a program established pursuant to subsection A of this section.
C. The board may take further action if the licensee or certificate holder refuses to enter into a nondisciplinary confidential stipulated agreement with the board or fails to comply with the agreement's terms. The confidentiality requirements of this section do not apply if the licensee or certificate holder does not comply with the stipulated agreement.
Sec. 4. Section 32-3254, Arizona Revised Statutes, is amended to read:
32-3254. Board of behavioral health examiners fund
A. A The board of behavioral health examiners fund is established. Pursuant to sections 35‑146 and 35‑147, the board shall deposit ten per cent percent of all monies received by the board in the state general fund and deposit the remaining ninety per cent percent in the board of behavioral health examiners fund.
B. All monies deposited in the board of behavioral health examiners fund pursuant to article 9 of this chapter may be used only for the licensing and regulation of behavior analysts pursuant to article 9 of this chapter.
B. C. All monies deposited in the board of behavioral health examiners fund are subject to section 35‑143.01.
Sec. 5. Section 32-3261, Arizona Revised Statutes, is amended to read:
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 or independent fieldwork 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. 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 in the professional area 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 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.
C. 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.
D. Committee members for the academic review committee for behavioral analysts shall initially be appointed by the board. Beginning January 1, 2017, 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.
D. 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.
E. F. Committee members are eligible to receive compensation of not more than eighty‑five dollars for each day actually and necessarily spent in the performance of their duties.
F. G. An academic review committee shall annually elect a chairman and secretary from its membership.
G. 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.
H. 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.
Sec. 6. Transfer and renumber
Title 32, chapter 19.1, article 4, Arizona Revised Statutes, is transferred and renumbered for placement in title 32, chapter 33, Arizona Revised Statutes, as article 9. The following sections are transferred and renumbered for placement in title 32, chapter 33, article 9:
Former Sections New Sections
32‑2091................................. 32‑3331
32‑2091.01.............................. 32‑3332
32‑2091.02.............................. 32‑3333
32‑2091.03.............................. 32‑3334
32‑2091.04.............................. 32‑3335
32‑2091.06.............................. 32‑3336
32‑2091.08.............................. 32‑3338
32‑2091.09.............................. 32‑3339
32‑2091.10.............................. 32‑3340
32‑2091.11.............................. 32‑3341
32‑2091.12.............................. 32‑3342
32‑2091.13.............................. 32‑3343
32‑2091.14.............................. 32‑3344
Section 32-2091.07, Arizona Revised Statutes, as amended by Laws 2014, chapter 166, section 3, is transferred and renumbered for placement in title 32, chapter 33, article 9, Arizona Revised Statutes, as section 32-3337. Section 32-2091.07, Arizona Revised Statutes, as amended by Laws 2014, chapter 166, section 4, is transferred and renumbered for placement in title 32, chapter 33, article 9, Arizona Revised Statutes, as section 32-3337.
Sec. 7. Section 32-3331, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-3331. Definitions
In this article, unless the context otherwise requires:
1. "Active license" means a current license issued by the board to a person who is licensed pursuant to this article.
2. "Adequate records" means records that contain, at a minimum, sufficient information to identify the client, the dates of service, the fee for service, the payments for service and the type of service given and copies of any reports that may have been made.
3. "Behavior analysis" means the design, implementation and evaluation of systematic environmental modifications by a behavior analyst to produce socially significant improvements in human behavior based on the principles of behavior identified through the experimental analysis of behavior. Behavior analysis does not include cognitive therapies or psychological testing, neuropsychology, psychotherapy, sex therapy, psychoanalysis, hypnotherapy and long-term counseling as treatment modalities.
4. "Behavior analysis services" means the use of behavior analysis to assist a person to learn new behavior, increase existing behavior, reduce existing behavior and emit behavior under precise environmental conditions. Behavior analysis includes services include behavioral programming and behavioral programs.
5. "Behavior analyst" means a person who is licensed pursuant to this article to practice behavior analysis.
6. "Client" means:
(a) A person or entity that receives behavior analysis services.
(b) A corporate entity, a governmental entity or any other organization that has a professional contract to provide services or benefits primarily to an organization rather than to an individual.
(c) An individual's legal guardian for decision making decision‑making purposes, except that the individual is the client for issues that directly affect the individual's physical or emotional safety and issues that the legal guardian agrees to specifically reserve to the individual.
7. "Exploit" means an action by a behavior analyst who takes undue advantage of the professional association with a client, student or supervisee for the advantage or profit of the behavior analyst.
8. "Health care institution" means a facility that is licensed pursuant to title 36, chapter 4, article 1.
9. "Incompetent as a behavior analyst" means that a person who is licensed pursuant to this article 4 of this chapter lacks the knowledge or skills of a behavior analyst to a degree that is likely to endanger the health of a client.
10. "Letter of concern" means an advisory letter to notify a licensee that while there is insufficient evidence to support disciplinary action the board believes the licensee should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in action against the license.
11. "Supervisee" means a person who acts under the extended authority of a behavior analyst to provide behavioral services and includes a person who is in training to provide these services.
12. "Unprofessional conduct" includes the following activities, whether occurring in this state or elsewhere:
(a) Obtaining a fee by fraud or misrepresentation.
(b) Betraying professional confidences.
(c) Making or using statements of a character tending to deceive or mislead.
(d) Aiding or abetting a person who is not licensed pursuant to this article in representing that person as a behavior analyst.
(e) Gross negligence in the practice of a behavior analyst.
(f) Sexual intimacies or sexual intercourse with a current client or a supervisee or with a former client within two years after the cessation or termination of treatment. For the purposes of this subdivision, "sexual intercourse" has the same meaning prescribed in section 13-1401.
(g) Engaging or offering to engage as a behavior analyst in activities that are not congruent with the behavior analyst's professional education, training and experience.
(h) Failing or refusing to maintain and retain adequate business, financial or professional records pertaining to the behavior analysis services provided to a client.
(i) Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.
(j) Making a fraudulent or untrue statement to the board or its investigators, staff or consultants.
(k) Violating any federal or state law that relates to the practice of behavior analysis or to obtain a license to practice behavior analysis.
(l) Practicing behavior analysis while impaired or incapacitated to the extent and in a manner that jeopardizes the welfare of a client or renders the services provided ineffective.
(m) Using fraud, misrepresentation or deception to obtain or attempt to obtain a behavior analysis license or to pass or attempt to pass a behavior analysis licensing examination or in assisting another person to do so.
(n) Unprofessional conduct in another jurisdiction that resulted in censure, probation or a civil penalty or in the denial, suspension, restriction or revocation of a certificate or license to practice as a behavior analyst.
(o) Providing services that are unnecessary or unsafe or otherwise engaging in activities as a behavior analyst that are unprofessional by current standards of practice.
(p) Falsely or fraudulently claiming to have performed a professional service, charging for a service or representing a service as the licensee's own if the licensee has not rendered the service or assumed supervisory responsibility for the service.
(q) Representing activities or services as being performed under the licensee's supervision if the behavior analyst has not assumed responsibility for them and has not exercised control, oversight and review.
(r) Failing to obtain a client's informed and written consent to release personal or otherwise confidential information to another party unless the release is otherwise authorized by law.
(s) Failing to make client records in the behavior analyst's possession promptly available to another behavior analyst on receipt of proper authorization to do so from the client, a minor client's parent, the client's legal guardian or the client's authorized representative or failing to comply with title 12, chapter 13, article 7.1.
(t) Failing to take reasonable steps to inform or protect a client's intended victim and inform the proper law enforcement officials if the behavior analyst becomes aware during the course of providing or supervising behavior analysis services that a client intends or plans to inflict serious bodily harm on another person.
(u) Failing to take reasonable steps to protect a client if the behavior analyst becomes aware during the course of providing or supervising behavior analysis services that a client intends or plans to inflict serious bodily harm on self.
(v) Abandoning or neglecting a client in need of immediate care without making suitable arrangements for continuation of the care.
(w) Engaging in direct or indirect personal solicitation of clients through the use of coercion, duress, undue influence, compulsion or intimidation practices.
(x) Engaging in false, deceptive or misleading advertising.
(y) Exploiting a client, student or supervisee.
(z) Failing to report information to the board regarding a possible act of unprofessional conduct committed by another behavior analyst who is licensed pursuant to this article unless this reporting violates the behavior analyst's confidential relationship with a client pursuant to this article. A behavior analyst who reports or provides information to the board in good faith is not subject to an action for civil damages.
(aa) Violating a formal board order, consent agreement, term of probation or stipulated agreement issued under this article.
(bb) Failing to furnish information in a timely manner to the board or its investigators or representatives if requested or subpoenaed by the board as prescribed by this article.
(cc) Failing to make available to a client or to the client's designated representative, on written request, a copy of the client's record, excluding raw test data, psychometric testing materials and other information as provided by law.
(dd) Violating an ethical standard adopted by the board.
(ee) Representing oneself as a psychologist or permitting others to do so if the behavior analyst is not also licensed as a psychologist pursuant to this chapter 19.1 of this title.
Sec. 8. Section 32-3334, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-3334. Educational and training standards for licensure
An applicant for licensure as a behavior analyst must meet standards adopted by the state board of psychologist behavioral health examiners, including meeting graduate level graduate-level education and supervised experience requirements and passing a national examination. The state board of psychologist behavioral health examiners shall adopt standards consistent with the standards set by a nationally recognized behavior analyst certification board, except that the number of hours required for supervised experience must be at least one thousand five hundred hours of supervised work experience or independent fieldwork, university practicum or intensive university practicum. The standards adopted for supervised experience must also be consistent with the standards set by a nationally recognized behavior analyst certification board. If the state board of psychologist behavioral health examiners does not agree with a standard set by a nationally recognized behavior analyst certification board, the state board of behavioral health examiners may adopt an alternate standard.
Sec. 9. Section 32-3338, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
32-3338. Exemptions from licensure
A. This article does not limit the activities, services and use of a title by the following:
1. A behavior analyst who is employed in a common school, high school or charter school setting and who is certified to use that title by the department of education if the services or activities are a part of the duties of that person's common school, high school or charter school employment.
2. An employee of a government agency in a subdoctorate position who uses the word "assistant" or "associate" after the title and who is supervised by a doctorate position employee who is licensed as a behavior analyst, including a temporary licensee.
3. A matriculated graduate student, or a trainee whose activities are part of a defined behavior analysis program of study, practicum, intensive practicum or supervised independent fieldwork. The practice under this paragraph requires direct supervision consistent with the standards set by a nationally recognized behavior analyst certification board, as determined by the state board of psychologist behavioral health examiners. A student or trainee may not claim to be a behavior analyst and must use a title that clearly indicates the person's training status, such as "behavior analysis student" or "behavior analysis trainee".
4. A person who resides outside of this state and who is currently licensed or certified as a behavior analyst in that state if the activities and services conducted in this state are within the behavior analyst's customary area of practice, do not exceed twenty days per year and are not otherwise in violation of this article and the client, public or consumer is informed of the limited nature of these activities and services and that the behavior analyst is not licensed in this state.
5. A person in the employ of Arizona state university, northern Arizona university, the university of Arizona or another regionally accredited university in this state if the services are a part of the faculty duties of that person's salaried position and the person is participating in a graduate program.
6. A noncredentialed individual who delivers applied behavior analysis services under the extended authority and direction of a licensed behavior analyst. The individual may not claim to be a professional behavior analyst and must use a title indicating the person's nonprofessional status, such as "ABA technician", "behavior technician" or "tutor".
B. This article does not prevent a member of other recognized professions who is licensed, certified or regulated under the laws of this state from rendering services within that person's scope of practice and code of ethics if that person does not claim to be a behavior analyst.
Sec. 10. Transfer of monies
All monies in the board of psychologist examiners fund established by section 32-2065, Arizona Revised Statutes, as amended by this act, that were deposited pursuant to title 32, chapter 19.1, article 4, Arizona Revised Statutes, as transferred and renumbered by this act, or received pursuant to section 32‑2063, subsection C, Arizona Revised Statutes, for behavior analyst licensing and regulation are transferred to the board of behavioral health examiners fund established by section 32‑3254, Arizona Revised Statutes, as amended by this act, on September 1, 2016.
Sec. 11. Transfer of powers; effect
Beginning September 1, 2016:
1. All matters relating to behavior analysts, including contracts, orders and judicial and quasi‑judicial actions, whether completed or pending, of the state board of psychologist examiners are transferred, on the effective date of this act, and maintain the same status with the board of behavioral health examiners.
2. Rules adopted by the state board of psychologist examiners relating to behavior analysts are effective until superseded by rules adopted by the board of behavioral health examiners.
3. All personnel, property and records, all data and investigative findings, all obligations and all appropriated monies that remain unspent and unencumbered of the state board of psychologist examiners relating to behavior analysts are transferred to the board of behavioral health examiners and may be used for the licensing and regulation of behavior analysts.
Sec. 12. Board of behavioral health examiners; report
On or before December 15, 2016, the board of behavioral health examiners shall report to the committees of reference of the health and human services committee of the senate and the health committee of the house of representatives regarding the implementation of the transfer of the licensing and regulation of the behavior analysts to the board of behavioral health examiners.
Sec. 13. Rulemaking exemption
For the purposes of implementing the transfer of the licensing and regulation of behavior analysts to the board of behavioral health examiners, the board of behavioral health examiners is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, until September 1, 2017.
Sec. 14. Effective date
A. The following sections are effective from and after August 31, 2016:
1. Sections 32‑2065, 32‑3254 and 32‑3261, Arizona Revised Statutes, as amended by this act.
2. Sections 32‑3331, 32‑3334 and 32‑3338, Arizona Revised Statutes, as transferred, renumbered and amended by this act.
3. Section 6 of this act.
B. Section 32‑3214, Arizona Revised Statutes, as amended by this act, and sections 32‑3221 and 32‑3222, Arizona Revised Statutes, as added by this act, are effective from and after December 31, 2016.