Assigned to HHS FOR
COMMITTEE
Assigned to HHS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
Purpose
Modifies requirements for licensure by endorsement by the Board of Behavioral Health Examiners (Board).
Background
The Board was originally established in 1989 to provide voluntary certification to professionals in the fields of counseling, marriage and family therapy, social work and substance abuse counseling. In 2003, the Legislature established mandatory licensure for these four professions. The Board's responsibilities include: 1) adopting rules to enforce requirements related to the licensure of behavioral health professionals; 2) licensure of behavioral professionals; 3) maintaining records of all licensed behavioral health professionals, all actions taken on applications for licensure, and actions involving the renewal, suspension, revocation or denial of a license; 4) conducting investigations to determine whether a licensee or applicant has engaged in unprofessional conduct, is mentally or physically unable to engage in the practice of behavioral health; 5) conducting disciplinary actions; and 6) establishing a licensure fee schedule annually, by a formal vote at a Board meeting (A.R.S. § 32-3253). The Board consists of eight members, including four professional members and four public members, all of whom are appointed by the Governor for three-year terms. Each of the four professional Board members represents one of the four behavioral health licensing areas including social work, counseling, marriage and family therapy, and substance abuse counseling (A.R.S. § 32-3252).
Current statute authorizes the Board to issue a license by endorsement to a person if the person meets the basic requirements for licensure and all of the following criteria: 1) the person is licensed or certified by the regulatory agency of at least one other state at an equivalent practice level and their license is in good standing; 2) the person has been licensed in the profession at the same practice level for at least three years; 3) the person was engaged in the practice of behavioral health and licensed in at least one state for a minimum of 3,600 hours during a 5 year period prior to applying for licensure by endorsement; and 4) the person passed the appropriate examination required for licensure (A.R.S. § 32-3274). A person who receives a license by endorsement must practice under the direct supervision of a licensee, with certain exceptions.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Permits the Board to issue a license by endorsement in a person's behavioral health discipline if the following criteria are met:
a) the person is licensed or certified by a federal jurisdiction; and
b) the person is licensed or certified at a practice level that is substantially equivalent or higher than the practice level for which the person is seeking licensure.
2. Eliminates the requirement that a person seeking licensure by endorsement has been engaged in the practice of behavioral health, at a practice level equivalent to which the person is applying, in at least one state for a minimum of 3,600 hours in a period not exceeding 5 years.
3. Eliminates the requirement that a person seeking licensure by endorsement pass an examination.
4. Adds that a person seeking licensure by endorsement must submit procedural application information as required by Board rule.
5. Removes the requirement that requests for the Board to review an action taken by the Executive Director, applications for license reinstatement, notifications of address and telephone number changes, probationary license notifications and complaint responses be made in writing.
6. Increases, from 30 to 35 days, the timeframe that a request for the Board to review an action taken by the Executive Director must be filed.
7. Directs the Board, before considering the denial of a license based on specified deficiencies, to provide 35 days' notice to the applicant regarding the time the Board will hold a meeting to review the application.
8. Permits an applicant to provide to the Board, at the meeting to review application, any information and evidence related to specified licensure deficiencies, including evidence a deficiency has been corrected, monitored or that a mitigating circumstance exists.
9. Removes the requirement that a person who seeks to renew a license, and who has not previously provided a full set of fingerprints to the Board, submit a set of fingerprints to the Board.
10. Stipulates that a motion by the Board to initiate an investigation must be made at an open and properly noticed meeting and must include the basis on which the investigation is being initiated and the names of the Board member making the motion.
11. Requires that the Board's vote to initiate an investigation be recorded.
12. Permits the Board to establish fees by rule.
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
Prepared by Senate Research
January 29, 2018
CRS/lat