ARIZONA STATE SENATE
RESEARCH STAFF
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CHERIE STONE |
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LEGISLATIVE RESEARCH ANALYST HEALTH & HUMAN SERVICES COMMITTEE Telephone: (602) 926 -3171 |
HEALTH & HUMAN SERVICES COMMITTEE
DATE: March 19, 2018
SUBJECT: Strike everything amendment to H.B. 2411, relating to health professionals; licensure; report
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Purpose
Requires the Board of Behavioral Health Examiners (BBHE), Board of Homeopathic and Integrated Medicine Examiners (BHIME) and the Board of Dispensing Opticians (BDO) to research and compare licensing requirements of other states and submit a report of its findings by December 31, 2018. Modifies certain licensure procedures for specified health professional Boards.
Background
The BBHE 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 BBHE'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). Additionally, the BBHE is required to establish an Academic Review Committee (ARC) for each professional licensed area to review and make recommendations to the BBHE regarding referred applications (A.R.S. § 32-3261).
The Board of Massage Therapy (BMT) was established in 2003 to regulate the practice of massage therapy in Arizona. It is comprised of five members appointed by the Governor who serve five year staggered terms, three of whom must be licensed massage therapists in Arizona and the remaining two are public members. The BMT's mission is to protect the public health and safety by regulating the practice of massage therapy. The BMT's powers and duties include: 1) evaluating applications and issuing licenses; 2) establishing education requirements; 3) adopting rules for ethical and professional conduct; and 4) investigating and resolving complaints, including notifying appropriate law enforcement of criminal violations (A.R.S. §§ 32-4202, 32-4203).
Laws 1980, Chapter 249 established the BHIME to protect the health, safety and welfare of Arizona citizens by examining, licensing and regulating homeopathic physicians. The BHIME consists of seven Governor-appointed members, including two members of the public and five licensed homeopathic physicians. Members can serve a maximum of three consecutive three-year terms (A.R.S. §§ 32-2902, 32-2904).
In 1956, the Legislature established the BDO to regulate the profession of optical dispensing. The BDO is tasked with evaluating applications, granting licenses for individual dispensing opticians and optical establishments, prescribing rules relating to the examination of applicants, outlining continuing education requirements, and investigating and resolving complaints against licensed opticians and establishments. The BDO is comprised of seven members appointed by the Governor, five of whom are licensees in good standing and the other two are public members. The members are appointed for five-year terms and cannot serve more than two complete consecutive terms (A.R.S. §§ 32-1672, 32-1673).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Board of Behavioral Health Examiners
1. Allows BBHE to waive an application fee for an independent level license if an applicant has paid the fee for an initial or renewal license within the previous year.
2. Specifies that communications to the BBHE that are required to be in writing may be submitted or received by mail, electronic submission, fax or hand delivery.
3. Requires an ACT to provide comprehensive written requests for additional information to applicants in cases where an ACT finds that additional information is needed.
4. Requires the BBHE to allow an applicant to take the examination required for licensure four times a year.
Board of Massage Therapy
5. Stipulates that an applicant for licensure as a massage therapist is eligible for a reciprocal license if the applicant was licensed in another state that has comprehensive standards for licensure for at least two of the last five years.
6. Directs the BMT, by December 1, 2018, to report to the Chairpersons of the Health Committee in the House of Representatives and the Health Committee in the Senate regarding the number of hours required for a person to demonstrate entry-level competence to practice massage therapy.
7. Repeals the BMT reporting requirement on July 1, 2019.
Miscellaneous
8. Directs the BHIME, BBHE and BDO to research and compare licensing requirements of other states and make recommendations regarding the following:
a) the reduction of administrative burdens for applicants; and
b) streamlining the licensing process to reduce costs for applicants and licensees.
9. Directs each aforementioned Board to submit a report of its findings to the Governor, the presiding officer in each chamber of the Legislature and the Secretary of State by December 31, 2018.
10. Repeals the reporting requirement on July 1, 2019.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.