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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
behavioral health professionals; unauthorized practice
Purpose
Deems specified acts related to the unlicensed and unauthorized practice of behavioral health a class 2 misdemeanor.
Background
The
Arizona State Board of Behavioral Health Examiners (AzBBHE) certifies professionals
in the fields of social work, counseling, marriage and family therapy and
substance abuse counselling. To receive a license from AzBBHE, an applicant
must: 1) submit an application; 2) be at least 21 years old; 3) be of good
moral character; 4) pay applicable fees;
5) have the physical and mental capability to safely and competently engage in
the practice of behavioral health; 6) not have committed any act or engaged in
any conduct that would constitute grounds for disciplinary action; 7) not have
had a professional license or certificate refused, revoked, suspended or
restricted for reasons related to unprofessional conduct; 8) not have
voluntarily surrendered a professional license or certificate while under
investigation for conduct related to unprofessional conduct; and 9) not have a
complaint, allegation or investigation pending before AzBBHE or another
regulatory jurisdiction (A.R.S.
§ 32-3275).
Current statute
states that a person who is not licensed to practice behavioral health is
prohibited from using the following professional designations: 1) licensed
professional counselor; 2) licensed associate counselor; 3) licensed marriage
and family therapist; 4) licensed associate marriage and family therapist; 5)
licensed clinical social worker; 6) licensed master social worker; 7) licensed
baccalaureate social worker; 8) licensed independent substance abuse counselor;
9) licensed associate substance abuse counselor; and 10) licensed substance
abuse technician. A person who engages in the unlicensed practice of behavioral
health or who claims to be licensed is guilty of a class 2 misdemeanor and is
subject to a civil penalty of up to $500 for each offense (A.R.S.
§ 32-3286).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes that an individual who commits any of the following acts is guilty of a class 2 misdemeanor and subject to a civil penalty of up to $500 for each offense:
a) practicing, attempting to practice or holding one's self out as trained and authorized to practice behavioral health without being licensed and legally authorized to perform the act; and
b) conspiring with or aiding and abetting another to engage in the unauthorized practice of behavioral health.
2. Requires AzBBHE to notify the Department of Health Services if a licensed health care institution employs or contracts with a person investigated for the unauthorized practice of behavioral health.
3. Make technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 1, 2021
CRS/JP/kja