ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: HHS DPA 8-0-0-0 | 3^rd Read 21-9-0-0

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SB 1089: behavioral health professionals; unauthorized practice

Sponsor:  Senator Pace, LD  25

Committee on Health & Human Services

Overview

Modifies licensure requirements of professions regulated by the Board of Behavioral Health Examiners (Board). Establishes penalties for a person who conspires with or aids and abets a person who commits an act of unprofessional conduct within the behavioral health profession.

History

The mission of the Board is to establish and maintain standards of qualifications and performance for licensed behavioral health professionals in the fields of professional 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).

Currently, an applicant for licensure as a clinical social worker, professional counselor, marriage and family therapist, or independent substance abuse counselor must receive 3,200 or more hours of post-master's degree experience, or 3,200 or more hours of post-bachelor's degree experience for application for licensure as an associate substance abuse counselor. The required 3,200 hours must include 1,600 or more hours of direct client contact, 1,600 or less hours of indirect client service and 100 or more hours of clinical supervision as prescribed by Board rule (A.R.S. §§ 32-3293, 32-3301, 32-3311, 32-3321).

Provisions

1. Exempts the Board from rulemaking requirements relating to reducing or eliminating fees. (Sec. 1)

2. States a person is in violation and is engaging in the unauthorized practice of behavioral health if the person is not licensed and practices or holds themselves out as being trained 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. (Sec. 2)

3. Makes a person who conspires with or aids and abets another to commit an action of unauthorized practice guilty of a class 6 felony and subjects the person to a civil penalty of $500 or less for each offense. (Sec. 2)

4. Requires the Board to notify DHS if a licensed health care institution employs or contracts with a person who is investigated. (Sec. 2)

5. Reduces the required post-master's degree experience hours of direct client contact and indirect client service from 3,200 hours to 1,600 supervised hours of direct client contact for an applicant for licensure as a clinical social worker, professional counselor, marriage and family therapist or licensed independent substance abuse counselor. (Sec. 3, 4, 5, 6)

6. Reduces the required post-bachelor's degree experience hours of direct client contact and indirect client service from 3,200 hours to 1,600 supervised hours of direct client for an applicant for licensure as an associate substance abuse counselor. (Sec. 6)

7. Requires a supervisor of an applicant for licensure as a clinical social worker, professional counselor marriage and family therapist, independent substance abuse counselor or associate substance abuse counselor to attest on a Board-approved form to the applicant's competency in clinical documentation and a rating of at least satisfactory in overall performance. (Sec. 3, 4, 5, 6)

8. Removes the ability of the Board to prescribe the number of hours required for functions related to direct client contact and indirect client service. (Sec. 3, 4, 5, 6)

9. States that of the 1,600 hours of direct client contact required of marriage and family therapist licensure applicants, 1,000 or more hours must be hours of clinical experience with couples and families and 100 or more hours must be hours of clinical supervision prescribed by Board rule. (Sec. 5)

10. Strikes language that states the required prescribed clinical experience for an applicant as a licensed marriage and family therapist include a combination of 100 hours of group or individual supervision in the practice of marriage and family therapy. (Sec. 5)

11. Specifies that the 1,000 hours of clinical experience required of an applicant for licensure as a marriage and family therapist can include one year in an approved marriage and family doctoral internship program. (Sec. 5)

12. Makes technical changes. (Sec. 2, 5, 6)

13. Makes conforming changes. (Sec. 2 – 6)

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17.                   SB 1089

18. Initials EB/IR         Page 0 Health & Human Services

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