ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

Senate: HHS DP 7-0-1-0 | 3rd Read 29-1-0-0

SB 1573: behavioral health professionals; unauthorized practice

Sponsor:  Senator Brophy McGee, LD 28

Committee on Health & Human Services

Overview

Prohibits a person not licensed as a behavioral health professional from holding themselves out as a behavioral health professional.

History

The mission of the Board of Behavioral Health Examiners (BBHE) is to establish and maintain standards of qualifications and performance for licensed behavioral health professionals in the fields of counseling, marriage and family therapy, social work and substance abuse counseling and to regulate the practice of licensed behavioral health professionals for protection of the public (A.R.S. § 36-3251). A person who is not licensed as a behavioral health professional must not engage in the practice of behavioral health. Statute prohibits the use of outlined designations when a person is not licensed and contains penalties for violations  (A.R.S. § 32-3286).

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStates a person who is not licensed as a behavioral health professional and who practices or attempts to practice or who holds himself out as trained and authorized to practice behavioral health, including diagnosing or treating any mental ailment, disease, disorder or other mental condition of any person, without being authorized by law to perform the act, is engaging in the unauthorized practice of behavioral health. (Sec. 1)

2.    Provides that a person who conspires with or aids and abets another to commit any prohibited act is guilty of a class 2 misdemeanor and subject to a civil penalty of not more than $500 for each offense. (Sec. 1)

3.    Requires the BBHE to notify the Department of Health Services if a licensed health care institution employs or contracts with a person who is investigated for unlawful practice. (Sec. 1)

4.    Makes technical and conforming changes (Sec. 1)

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8.                      SB 1573

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