Chapter 0166 - 512R - H Ver of HB2173

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-2091.03, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2091.03. Educational and training standards for licensure

A. An applicant for licensure as a behavior analyst must: meet standards adopted by the state board of psychologist examiners, including meeting graduate level education and supervised experience requirements and passing a national examination. The state board of psychologist 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 examiners does not agree with a standard set by a nationally recognized behavior analyst certification board, the state board may adopt an alternate standard.

1. Have a graduate degree, master's degree or doctoral degree from an accredited college or university or institution of higher learning accredited by a recognized accrediting agency.

2. Complete a minimum of one thousand five hundred hours of supervised work experience or independent fieldwork, university practicum or intensive university practicum which shall follow appropriate academic preparation and may run concurrently with coursework, if the applicant completes a degree and coursework requirements in the practice of behavior analysis after January 1, 2000. The supervised work experience, independent fieldwork, university practicum or intensive university practicum shall include supervision once every two weeks for five per cent of the total hours the applicant spends in the supervised work experience, independent fieldwork, university practicum or intensive university practicum. The total hours spent in supervised work experience, independent fieldwork, university practicum or intensive university practicum shall not be more than thirty hours per week. The total supervision hours must be at least seventy-five hours.

3. Have as part of or in addition to the coursework required for the graduate degree at least two hundred twenty-five classroom hours of specific graduate level instruction that meet nationally recognized standards for behavior analysts as determined by the board.

4. Have the supervised work experience, independent fieldwork, practicum or intensive practicum pursuant to paragraph 2 of this subsection, as a behavior analyst engaged in tasks that meet nationally recognized standards for behavior analysts as determined by the board.

B. The supervised work experience, independent fieldwork, practicum or intensive practicum required pursuant to subsection A, paragraph 4 must include the following:

1. Conducting behavioral assessments and assessment activities related to the need for behavioral interventions.

2. Designing, implementing and monitoring behavior analysis programs for clients.

3. Overseeing the implementation of behavior analysis programs by others.

4. Other activities normally performed by a behavior analyst that are directly related to behavior analysis, such as attending planning meetings regarding the behavior analysis program, researching the literature related to the program, talking to individuals about the program and any additional activities related to oversight of behavioral programming such as behavior analyst supervision issues or evaluation of behavior analysts' performance.

C. The following activities are not considered supervised work experience, independent fieldwork, practicum or intensive practicum required pursuant to subsection A, paragraph 4:

1. Attending meetings with little or no behavior analytic content.

2. Providing interventions that are not based in behavior analysis.

3. Doing nonbehavior analytic administrative activities.

4. Any other activities that are not directly related to behavior analysis.

D. For supervised work experience, independent fieldwork, practicum or intensive practicum required pursuant to subsection A, paragraph 4, the supervisor must observe the applicant engaging in behavior analytic activities in the natural environment. This observation may be conducted by web cameras, videotape, videoconferencing or similar means instead of the supervisor being physically present. Supervision may be conducted in small groups of ten or fewer participants for not more than half of the total supervised hours in each supervisory period. The remainder of the total supervision hours in each supervisory period must consist of direct one‑to‑one contact. Supervision hours may be counted toward the total number of experience hours required.

E. A supervisor conducting the supervised work experience, independent fieldwork, practicum or intensive practicum pursuant to subsection D shall not be the applicant's relative, subordinate or employee during the experience period. The supervisor is not an employee of the applicant if the only compensation received by the supervisor from the applicant consists of payment for supervision. For any applicant who obtained supervised experience pursuant to subsection A, paragraph 2 after January 1, 2011, the supervisor must be a licensed behavior analyst who meets requirements for licensure pursuant to subsection A.

F. An applicant may submit a written request to the board for an exemption from the requirement prescribed in subsection E. The request must include the name of the behavior analyst proposed by the applicant to act as the clinical supervisor, a copy of the proposed clinical supervisor's transcript and curriculum vitae and any additional documentation requested by the board. The board shall review the supervision exemption request to determine if the proposed supervisor has the necessary education, training and experience to provide supervision acceptable for behavior analyst licensure. If the proposed supervisor has the necessary education, training and experience, the board shall grant the supervision exemption request. The board shall not grant an exemption request for an unlicensed clinical supervisor providing clinical supervision in this state after July 1, 2011, except that an exemption may be granted by the board if the clinical supervisor holds a current national certification from a nationally recognized behavior analyst certification board as determined by the board and the applicant received the supervised work experience, independent fieldwork, practicum or intensive practicum in a state that did not license behavior analysts during the period in which the supervision was obtained.

G. An individual who completed the degree, coursework or experience before January 1, 2000 may have supervised work experience or core specified coursework that was accrued in a setting outside of a college or university program if the following conditions are met:

1. The acquired coursework or supervised work experience was acquired after the graduate degree and before January 1, 2000.

2. The applicant has met the requirements for and received the certification credential from a nationally recognized behavior analyst certification board as determined by the board.

H. The board may prescribe by rule additional requirements relating to education and training. END_STATUTE

Sec. 2. Repeal

Section 32-2091.05, Arizona Revised Statutes, is repealed.

Sec. 3. Section 32-2091.07, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2091.07. Active license; issuance; renewal; expiration; continuing education

A. If the applicant satisfies all of the requirements for licensure pursuant to this article, the board shall issue an active license and shall prorate the fee for issuing that license for the period remaining until May 1 of the next odd‑numbered year.

B. A person holding an active or inactive license shall apply to renew the license on or before April 30 of each odd‑numbered year. The application shall include any applicable renewal fee as prescribed by the board by rule. Except as provided in section 32‑4301 or 41-1092.11, a license expires if the licensee fails to renew the license on or before April 30 of that year. A licensee may reinstate an expired license by paying a reinstatement fee as prescribed by the board by rule on or before June 30 of that year. Beginning on July 1 of that year through April 30 of the next year, a licensee may reinstate the license by paying a reinstatement fee as prescribed by the board by rule and providing proof of competency and qualifications to the board. This proof may include continuing education, an oral examination, a written examination or an interview with the board. A licensee whose license is not reinstated on or before April 30 of the next even‑numbered year may reapply for licensure as prescribed by this article. A notice to renew is fully effective by mailing or electronically providing the renewal application notice to the licensee's last known address of record or last known e-mail address of record in the board's file. Notice is complete at the time of deposit in the mail or when the e-mail is sent.

C. A person renewing a license shall attach to the completed renewal form a report of disciplinary actions or restrictions placed against the license by another state licensing or disciplinary board or disciplinary actions or sanctions imposed by a state or national behavior analysis ethics committee or health care institution. The report shall include the name and address of the sanctioning agency or health care institution, the nature of the action taken and a general statement of the charges leading to the action.

D. A person who renews an active license to practice behavior analysis in this state shall satisfy a continuing education requirement designed to provide the necessary understanding of current developments, skills, procedures or treatment related to the practice of behavior analysis in the amount and during the period the board prescribes. The board shall prescribe documentation requirements. END_STATUTE

Sec. 4. Section 32-2091.07, Arizona Revised Statutes, as amended by section 3 of this act, is amended to read:

START_STATUTE32-2091.07. Active license; issuance; renewal; expiration; continuing education

A. Beginning May 1, 2017, if the applicant satisfies all of the requirements for licensure pursuant to this article, the board shall issue an active license and shall prorate the fee for issuing that license for the period remaining until May 1 the last day of the birth month of the applicant of the next odd‑numbered year or even‑numbered year pursuant to subsection B, paragraph 1 or 2 of this section.

B. Beginning May 1, 2017, a person holding an active or inactive license shall apply to renew the license on or before April 30 of each odd‑numbered year. the last day of the birth month of the licensee every other year as follows:

1. In each odd‑numbered year, if the licensee holds an odd‑numbered license.

2. In each even‑numbered year, if the licensee holds an even‑numbered license.

C. The application shall include any applicable renewal fee as prescribed by the board by rule. Except as provided in section 32‑4301 or 41-1092.11, a license expires if the licensee fails to renew the license on or before April 30 of that year the last day of the licensee's birth month of the licensee's renewal year pursuant to subsection B of this section. A licensee may reinstate an expired license by paying a reinstatement fee as prescribed by the board by rule on or before June 30 of that year within two months after the last day of the licensee's birth month of that year. Beginning on July 1 of that year through April 30 of the next year two months after the last day of the licensee's birth month during the licensee's renewal year until the last day of the licensee's birth month the following year, a licensee may reinstate the license by paying a reinstatement fee as prescribed by the board by rule and providing proof of competency and qualifications to the board. This proof may include continuing education, an oral examination, a written examination or an interview with the board. A licensee whose license is not reinstated on or before April 30 of the next even‑numbered year within a year after the last day of the licensee's birth month of the licensee's renewal year may reapply for licensure as prescribed by this article. A notice to renew is fully effective by mailing or electronically providing the notice to the licensee's last known address of record or last known e-mail address of record in the board's file. Notice is complete at the time of deposit in the mail or when the e-mail is sent.

C. D. A person renewing a license shall attach to the completed renewal form a report of disciplinary actions or restrictions placed against the license by another state licensing or disciplinary board or disciplinary actions or sanctions imposed by a state or national behavior analysis ethics committee or health care institution. The report shall include the name and address of the sanctioning agency or health care institution, the nature of the action taken and a general statement of the charges leading to the action.

D. E. A person who renews an active license to practice behavior analysis in this state shall satisfy a continuing education requirement designed to provide the necessary understanding of current developments, skills, procedures or treatment related to the practice of behavior analysis in the amount and during the period the board prescribes. The board shall prescribe documentation requirements. END_STATUTE

Sec. 5. Section 32-2091.08, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2091.08. 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 student of behavior analysis pursuing an official course of graduate study at an educational institution accredited as prescribed by the board, if after the title the word "trainee", "intern" or "extern" appears and the student uses the title only in conjunction with activities and services that are a part of the supervised program. A matriculated graduate student, or a trainee whose activities are part of a defined behavior analysis program of study, practicum, intensive practicum or supervised independent fieldwork. The practice under this paragraph requires direct supervision consistent with the standards set by a nationally recognized behavior analyst certification board, as determined by the state board of psychologist examiners. 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, or 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 postdoctoral graduate program.

6. A supervisee who is pursuing a postdoctoral professional experience if the services or activities are provided under the direct supervision of a licensed behavior analyst, clients are informed of the training nature of the services provided and the supervisee has a title that designates that person's training status. 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 limit the use of the title "behavior analyst" by a person who possesses a doctoral degree from an educational institution if that person is not engaged in the practice of behavior analysis.

C. 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. END_STATUTE

Sec. 6. State board of psychologist examiners; behavior analysts; implementation of renewal schedule

In order to implement the new licensing renewal schedule pursuant to section 32‑2091.07, Arizona Revised Statutes, as amended by section 4 of this act, all behavior analysts who are licensed by the state board of psychologist examiners shall renew their licenses on or before April 30, 2017. The state board of psychologist examiners shall prorate the fees and continuing education requirements beginning May 1, 2017 until the last day of the month of the licensee's birth month during the licensee's renewal year. Licensees who hold odd‑numbered licenses will renew their licenses in odd‑numbered years and licensees who hold even‑numbered licenses will renew their licenses in even‑numbered years. The board shall round up to the nearest half number the prorated continuing education credits, including ethics.

Sec. 7. Effective date

Section 32‑2091.07, Arizona Revised Statutes, as amended by section 4 of this act, is effective from and after April 30, 2017.