Assigned to HHS                                                                                                           AS PASSED BY HOUSE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1089

 

behavioral health professionals; unauthorized practice

Purpose

            Deems specified acts related to the unlicensed and unauthorized practice of behavioral health a class 6 felony. Modifies requirements related to post-master's degree and post-bachelor's degree experience for licensed behavioral health professionals.

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).

            Applicants for licensure to engage in the practice of social work, professional counseling, marriage and family therapy or to practice as a licensed independent substance abuse counselor must complete at least 3,200 hours of post-master's degree experience that meets AzBBHE rule requirements. In addition, applicants to practice as a licensed associate substance abuse counselor must complete at least 3,200 hours of post-bachelor's degree experience. Of the prescribed 3,200 hours, at least 1,600 hours must be hours of direct client contact and no more than 1,600 hours may be hours of indirect client service. AzBBHE may prescribe the number of hours required for functions related to direct client contact and indirect client service (A.R.S. §§ 32-3293; 32-3301; 32-3311; and 32-3321).

            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 6 felony 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.   Exempts AzBBHE from rulemaking requirements when reducing or eliminating fees.

4.   Reduces required post-master's degree experience, from 3,200 hours of direct client contact and indirect client service to 1,600 supervised hours of direct client contact that satisfies AzBBHE requirements, for licensed clinical social workers, licensed professional counselors, licensed marriage and family therapists and licensed independent substance abuse counselors.

5.   Reduces required post-bachelor's degree work experience, from 3,200 hours of direct client contact and indirect client service to 1,600 supervised hours of direct client contact that satisfies AzBBHE requirements, for licensed associate substance abuse counselors.

6.   Requires a licensee to provide documentation on an AzBBHE-approved form completed by their supervisor that attests that the licensee:

a)   was observed to demonstrate competency in clinical documentation, consultation and coordination of direct care; and

b)   has a rating of at least satisfactory in overall performance.

7.   Removes the AzBBHE's ability to prescribe the number of hours required for functions related to direct client contact and indirect client service.

8.   Specifies that, for licensed marriage and family therapists, of the 1,600 hours of direct client contact, at least 1,000 hours must be hours of clinical experience with couples and families and at least 100 hours must be hours of clinical supervision prescribed by AzBBHE.

9.   Removes the requirement that prescribed clinical experience for 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.

10.  Specifies that the prescribed clinical experience for a licensed marriage and family therapist may include a doctoral internship.

11.  Make technical and conforming changes.

12.  Becomes effective on the general effective date.

Amendments Adopted by Committee

1.   Shifts, from a class 2 misdemeanor to a class 6 felony, the designation for specified acts of unauthorized practice of behavioral health.

2.   Allows AzBBHE to reduce or eliminate fees outside of the rulemaking process.

3.   Modifies requirements related to post-master's degree and post-bachelor's degree experience for behavioral health professionals licensed by AzBBHE.

Amendments Adopted by Committee of the Whole

· Makes technical changes.

Amendments Adopted by the House of Representatives

· Modifies requirements related to documentation of licensee competencies and performance.

Senate Action                                                          House Action

HHS                2/3/21        DPA       8-0-0                HHS                3/1/21        DPA       9-0-0-0

3rd Read          2/11/21                     15-14-1            3rd Read          3/15/21                     56-4-0

3rd Read*        2/18/21                     21-9-0

*on reconsideration

Prepared by Senate Research

March 15, 2021

CRS/JP/kja