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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
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HB 2068: behavior analysts; regulatory board
Sponsor: Representative Bliss, LD 1
Committee on Regulatory Affairs
Overview
Creates a State Board of Behavior Analysts (Board) independent of the Arizona Board of Psychologist Examiners.
History
The Arizona Board of Psychologist Examiners states its mission is "to protect the health, safety, and welfare of Arizona citizens by licensing and regulating the professions of Psychology and Behavior Analysis." This 90/10 state agency licenses and regulates psychologists and behavior analysts. The 5-member Committee on Behavior Analysts (Committee) makes recommendations to the Board of Psychologist Examiners regarding licensing and regulation of its profession. This Committee may make recommendations for regulatory changes after obtaining public input and from other behavior analyst licensees (A.R.S. § 32-2091.15).
During the Forty-eighth Legislature, Second Regular Session (2008), HB 2470 (Now: board of behavior analysts), passed both houses of the Legislature, but was vetoed by the Governor. The bill established the regulatory framework to license and regulate the behavior analyst profession, which consisted of approximately 32 applicants. In 2024, there are close to 1,000 active licensees. Applicants for an initial license or renewal may apply online by paying the nonrefundable license fee and submitting the application and supporting documents. The website permits license look-up and provides information pertaining to expired, inactive, closed, surrendered or probationary status.
Provisions
1.
Establishes an independent
stand-alone State Board of Behavior Analysts (Board) and transitions regulatory
authority from the State Board of Psychologist Examiners. (Sec. 1)
2. Transfers the 5-member Committee on Behavior Analysts (Committee) within the Board of Psychologist Examiners to the newly established Board and adds two public members who are not eligible for licensure. (Sec. 4)
3. Outlines the powers and duties of the 7-member Board whose members are appointed by the Governor and confirmed by the Senate. (Sec. 4, 5)
4. Stipulates that each member of the Board must be a United States citizen and Arizona resident at the time of appointment. (Sec. 4)
5. Prescribes the process to fill a vacancy on the Board. (Sec. 4)
6. Provides personal immunity from suits for Board members, employees and consultants when actions are in good faith and to further the purpose of the Board's duties. (Sec. 4)
7. States the powers and duties of the new Board, which are substantially the same as those while the Board was under the regulatory authority of the Board of Psychologist Examiners as follows:
a) administer and enforce Board rules;
b) regulate discipline of licensees;
c) prescribe application content and deadlines for initial and renewal licenses;
d) record and maintain licensee information, including receipt and disbursement of monies and all board actions;
e) adopt an official seal;
f) investigate violations of statute and board rules;
g) employ an executive director who serves at the pleasure of the board;
h) elect leadership annually from its membership to serve on behalf of the Board;
i) adopt pertinent rules for code of ethics, telehealth and exceptions to a license denial based on criminal history;
j) authorizes the board to hire employees necessary to carry out the terms of these provisions of law;
k) permits the board to accept, expend and account for gifts, grants, and various contributions from public and private sources, which the board must deposit into special funds for the specified purposes and states these monies are exempt from statutory lapsing of appropriations;
l) stipulates that an executive director will serve both the Board of Psychologist Examiners and the newly established Board;
m) directs the two boards to jointly choose the executive director;
n) states the executive director will hire staff and be paid pursuant to statute. (Sec. 5)
8. Directs the Board to hold quarterly meetings and special meetings as needed. (Sec. 5)
9. Authorizes the Board chairperson to establish committees to act as consultants to the board and to carry out its duties. (Sec. 5)
10. Permits members of the consultant committees to be reimbursed for expenses. (Sec. 5)
11. States that a majority of the Board constitutes a quorum, and a majority vote of a quorum present is necessary for the Board to act. (Sec. 5)
12. Creates a stand-alone Board fund, which currently exists as the Committee's account, which is separate from the Board of Psychologist Examiners fund account. (Sec. 5)
13. Stipulates the Board is an Arizona 90/10 Board. (Sec. 5)
14. Specifies the Board will establish fees for initial and renewal licenses, but there will not be a temporary license. (Sec. 6)
15. Deletes the reference to the number of required hours for supervised experience. (Sec. 9)
16. Consistent with the Board of Psychologist Examiners, outlines the complaints the Board may not consider when the complaints relate to a licensee's or employee's performance of board duties and further specifies actions the Board may take during the investigative or disciplinary processes. (Sec. 14)
17. Decreases, from 10 to 8, the Board of Psychologist Examiners. (Sec. 20)
18. Places the Board into the Sunset Review statutory schedule of state agencies that terminate on July 1, 2033, unless continued, revised or consolidated with another state agency. (Sec. 33)
19. Specifies the purpose of the Board is to regulate the practice of Behavior Analysts for the public health, safety and welfare. (Sec, 34)
20. Outlines the transition of the Committee to the new Board. (Sec. 35)
21. Strikes archaic and obsolete language. (Sec. 3, 4, 6, 8, 9, 11-14, 18, 19, 26, 28, )
22. Makes technical and conforming changes. (Sec. 3, 6-22, 24-32)
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HB 2068
Initials DC Page 0 Regulatory Affairs
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