Chapter 0065 - 461R - S Ver of HB2206

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-1418, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1418. Sexual misconduct; behavioral health professionals; classification

A. A behavioral health professional certified licensed pursuant to title 32, chapter 33 or a psychiatrist or psychologist licensed pursuant to title 32, chapter 13, 17 or 19.1 commits sexual misconduct by intentionally or knowingly engaging in sexual intercourse with a patient client who is currently under the care or supervision of the certified licensed behavioral health professional, psychiatrist or psychologist.

B. Sexual misconduct by a certified licensed behavioral health professional, psychiatrist or psychologist is a class 6 felony.

C. This section does not apply to any act of sexual conduct that occurs between a certified licensed behavioral health professional, psychiatrist or psychologist and a patient client after the patient client has completed a course of treatment or if the patient client is not under the care of the certified licensed behavioral health professional, psychiatrist or psychologist. END_STATUTE

Sec. 2. Section 28-3005, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3005. Medical or psychological reports; immunity; definitions

A. A physician, psychologist or certified substance abuse counselor who provides information to the director in good faith and at the written request of a driver license applicant or licensee concerning a person's medical or psychological condition with respect to operation of a motor vehicle is immune from personal liability with respect to the information provided.

B. Notwithstanding the physician‑patient or psychologist‑client confidentiality relationship, a physician or psychologist may voluntarily report a patient to the department who has a medical or psychological condition that in the opinion of the physician or psychologist could significantly impair the person's ability to safely operate a motor vehicle. If a report is made, the physician or psychologist shall make the report in writing, including the name, address and date of birth of the patient. On receipt of the report, the department may require an examination of the person reported in the manner provided by section 28‑3314. A person shall not bring an action against a physician or psychologist for not making a report pursuant to this subsection. The physician or psychologist submitting the report in good faith is immune from civil or criminal liability for making the report pursuant to this subsection. The physician's or psychologist's report is subject to subpoena or order to produce in an action except an action against the physician or psychologist submitting the report.

C. In this section:

2. 1. "Medical or psychological condition" means a condition that could affect a person's functional ability to safely operate a motor vehicle.

3. 2. "Physician" means a medical doctor, optometrist, chiropractor, naturopathic physician, doctor of osteopathy or doctor of homeopathy who is licensed to practice in this state or another state or who is employed by the federal government and practicing in this state or their agents.

4. 3. "Psychologist" means a person who is licensed pursuant to title 32, chapter 19.1, who is licensed to practice psychology in another state or who is employed by the federal government and practicing in this state.

1. 4. "Certified Substance abuse counselor" means a person who is certified licensed by the board of behavioral health examiners in this state, who is licensed or certified in another state, who is certified by a board for certification of addiction counselors, who is a nationally certified addiction counselor or who is employed by the federal government and practicing in this state.END_STATUTE

Sec. 3. Section 28-3153, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3153. Driver license issuance; prohibitions

A. The department shall not issue the following:

1. A driver license to a person who is under eighteen years of age, except that the department may issue:

(a) A restricted instruction permit for a class D or G license to a person who is at least fifteen years of age.

(b) An instruction permit for a class D, G or M license as provided by this chapter to a person who is at least fifteen years and seven months of age.

2. A class D, G or M license or instruction permit to a person who is under eighteen years of age and who has been tried in adult court and convicted of a second or subsequent violation of criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or convicted of a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814, or who has been adjudicated delinquent for a second or subsequent act that would constitute criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or adjudicated delinquent for an act that would constitute a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814, if committed by an adult.

3. A class A, B or C license to a person who is under twenty-one years of age, except that the department may issue a class A, B or C license that is restricted to only intrastate driving to a person who is at least eighteen years of age.

4. A license to a person whose license or driving privilege has been suspended, during the suspension period.

5. Except as provided in section 28-3315, a license to a person whose license or driving privilege has been revoked.

6. A class A, B or C license to a person who has been disqualified from obtaining a commercial driver license.

7. A license to a person who on application notifies the department that the person is an alcoholic as defined in section 36-2021 or a drug dependent person as defined in section 36-2501, unless the person successfully completes the medical screening process pursuant to section 28‑3052 or submits a medical examination report that includes a current evaluation from a certified substance abuse counselor indicating that, in the opinion of the counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle.

8. A license to a person who has been adjudged to be incapacitated pursuant to section 14-5304 and who at the time of application has not obtained either a court order that allows the person to drive or a termination of incapacity as provided by law.

9. A license to a person who is required by this chapter to take an examination unless the person successfully passes the examination.

10. A license to a person who is required under the motor vehicle financial responsibility laws of this state to deposit proof of financial responsibility and who has not deposited the proof.

11. A license to a person if the department has good cause to believe that the operation of a motor vehicle on the highways by the person would threaten the public safety or welfare.

12. A license to a person whose driver license has been ordered to be suspended pursuant to section 25-518.

B. The department shall not issue a driver license to or renew the driver license of the following persons:

1. A person about whom the court notifies the department that the person violated the person's written promise to appear in court when charged with a violation of the motor vehicle laws of this state until the department receives notification in a manner approved by the department that the person appeared either voluntarily or involuntarily or that the case has been adjudicated, that the case is being appealed or that the case has otherwise been disposed of as provided by law.

2. If notified pursuant to section 28-1601, a person who fails to pay a civil penalty as provided in section 28-1601, except for a parking violation, until the department receives notification in a manner approved by the department that the person paid the civil penalty, that the case is being appealed or that the case has otherwise been disposed of as provided by law.

C. The magistrate or the clerk of the court shall provide the notification to the department prescribed by subsection B of this section.

D. Notwithstanding any other law, the department shall not issue to or renew a driver license or nonoperating identification license for a person who does not submit proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law. The director shall adopt rules necessary to carry out the purposes of this subsection. The rules shall include procedures for:

1. Verification that the applicant's presence in the United States is authorized under federal law.

2. Issuance of a temporary driver permit pursuant to section 28-3157 pending verification of the applicant's status in the United States.END_STATUTE

Sec. 4. Section 28-3315, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3315. Period of suspension, revocation or disqualification; unlicensed drivers

A. The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for more than one year from the date of a conviction or judgment, if any, against a person for which this chapter makes revocation, suspension or disqualification mandatory or from the date the notice is sent pursuant to section 28‑3318 if no conviction was involved, except as permitted under subsection E of this section and sections 28‑1383, 28‑3312, 28‑3319, 28‑3320 and 28‑3473.

B. A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for a new license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law. After the department investigates an applicant's driving record in this state or another state by examining department records or other sufficient evidence to determine that all withdrawal actions are complete, that the applicant has not committed any traffic violations within twelve months preceding application and that all other statutory requirements are satisfied, the department may issue a new license.

C. The department shall not accept an application for reinstatement of a driver license until after the twelve month period prescribed in subsection B of this section has elapsed.

D. If the revocation is related to alcohol or other drugs, the person shall provide the department with a current evaluation from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a certified substance abuse counselor as defined in section 28‑3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle. For the purposes of reinstating a license or driving privilege pursuant to this article, the department may rely on the opinion of a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a certified substance abuse counselor as defined in section 28‑3005.

E. Notwithstanding subsections A and B of this section:

1. A person whose license or privilege to drive is revoked pursuant to section 28‑1383, subsection J or section 28‑3304, subsection A, paragraph 1 or 9 is not entitled to have the person's license or privilege renewed or restored for three years.

2. A person whose license or privilege to drive is revoked pursuant to section 13‑1209 is not entitled to have the person's license or privilege renewed or restored for the period of time ordered by the court.

3. A person whose license, permit or privilege to drive is revoked pursuant to section 28‑661, subsection E is not entitled to have the person's license, permit or privilege renewed or restored for five years.

4. A person whose license, permit or privilege to drive is revoked pursuant to section 28‑661, subsection F is not entitled to have the person's license, permit or privilege renewed or restored for three years.

F. Except as provided in section 28‑3473, if an unlicensed driver commits an offense for which a driver license could be suspended, revoked or disqualified, the department shall not accept the unlicensed driver's application for a driver license for a period equal to the period of time that applies to a driver with a license. If the offense is one for which a driver license could be revoked, the department shall not accept the unlicensed driver's application for a driver license unless it investigates the character, habits and driving ability of the person and is satisfied that it is safe to grant the privilege of driving a motor vehicle on the public highways.

G. The expiration of a person's license during the period of time it is under suspension, revocation or disqualification does not invalidate or terminate the suspension, revocation or disqualification.

H. A person whose license or privilege to drive a motor vehicle on the public highways has been suspended pursuant to section 28‑3306, subsection A, paragraph 5 or section 28‑3314 may apply for a new license as provided by law after the cause for suspension is removed or after expiration of the suspension period prescribed by law if both of the following conditions are met:

1. The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways.

2. If the person has a medical condition related to alcohol or other drugs, the person provides the department with a current evaluation form from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a certified substance abuse counselor as defined in section 28‑3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to operate a motor vehicle in a safe manner. END_STATUTE

Sec. 5. Section 32-3251, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3251. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the board of behavioral health examiners.

2. "Counseling principles, methods, procedures and services" includes counseling, appraisal, evaluation, assessment of dysfunctional behavior, consulting, referral, education or research.

2. "Client" means a patient who receives behavioral health services from a person licensed pursuant to this chapter.

3. "Credentialing committee" means a committee established pursuant to this chapter.

4. "Independent social work practice" means both private, self‑employed practice on a fee for service basis by an individual social worker or as part of a group practice and autonomous self‑regulated practice by a social worker under the auspices of a public or private agency or facility.

5. "Practice of marital and family therapy" means the professional application of marital and family theories and techniques in the diagnosis and treatment of mental and emotional conditions in individuals, couples and families and involves the presence of a diagnosed mental or physical disorder in at least one member of the couple or family being treated. Practice of marital and family therapy includes the use of psychotherapy to diagnose, evaluate and treat individuals, couples, families and groups.

6. "Practice of professional counseling" means the professional application of counseling principles, methods, procedures and services to assist individuals, couples, families and groups to achieve interpersonal, intrapersonal, social, educational or vocational development and adjustment and to promote optimal mental health. Practice of professional counseling includes the use of psychotherapy to diagnose, evaluate and treat individuals, couples, families and groups.

7. "Practice of social work" means professional services that are developed to effect change in human behavior, emotional responses and social conditions of individuals, couples, families, groups and communities and that involve specialized knowledge and skill related to human development, including an understanding of unconscious motivation, the potential for human growth, the availability of social resources and knowledge of social systems. Practice of social work includes:

(a) The use of psychotherapy for the purpose of diagnosis, evaluation and treatment of individuals, couples, families and groups.

(b) Social planning, administration and research for community social services delivery systems.

8. "Practice of substance abuse counseling" means the direct application of professional counseling techniques to persons who are dependent on or abuse substances and to persons who are affected by that dependency or abuse. Practice of substance abuse counseling includes the use of psychotherapy for the purpose of diagnosis, evaluation and treatment of substance abuse and chemical dependency in individuals, couples, families and groups.

4. "Letter of concern" means a nondisciplinary written document sent by the board to notify a licensee that, while there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee.

5. "Licensee" means a person licensed pursuant to this chapter.

6. "practice of behavioral health" means the practice of marriage and family therapy, professional counseling, social work and substance abuse counseling PURSUANT to this chapter.

7. "PRACTICE OF MARRIAGE AND FAMILY THERAPY" MEANS THE PROFESSIONAL APPLICATION OF FAMILY SYSTEMS THEORIES, PRINCIPLES AND TECHNIQUES TO TREAT INTERPERSONAL RELATIONSHIP ISSUES AND NERVOUS, MENTAL AND EMOTIONAL DISORDERS THAT ARE COGNITIVE, AFFECTIVE OR BEHAVIORAL. THE PRACTICE OF MARRIAGE AND FAMILY THERAPY INCLUDES:

(a) ASSESSMENT, APPRAISAL AND DIAGNOSIS.

(b) THE USE OF PSYCHOTHERAPY FOR THE PURPOSE OF EVALUATION, DIAGNOSIS AND TREATMENT OF INDIVIDUALS, COUPLES, FAMILIES AND GROUPS.

8. "PRACTICE OF PROFESSIONAL COUNSELING" MEANS THE PROFESSIONAL APPLICATION OF MENTAL HEALTH, PSYCHOLOGICAL AND HUMAN DEVELOPMENT THEORIES, PRINCIPLES AND TECHNIQUES TO:

(a) FACILITATE HUMAN DEVELOPMENT AND ADJUSTMENT THROUGHOUT THE HUMAN life span.

(b) ASSESS AND FACILITATE CAREER DEVELOPMENT.

(c) TREAT INTERPERSONAL RELATIONSHIP ISSUES AND NERVOUS, MENTAL AND EMOTIONAL DISORDERS THAT ARE COGNITIVE, AFFECTIVE OR BEHAVIORAL.

(d) MANAGE SYMPTOMS OF MENTAL ILLNESS.

(e) Assess, appraise, evaluate, diagnose and treat individuals, couples, families and groups through the use of psychotherapy.

9. "practice of social work" means THE PROFESSIONAL APPLICATION OF SOCIAL WORK THEORY, PRINCIPLES, METHODS AND TECHNIQUES TO:

(a) TREAT MENTAL AND EMOTIONAL DISORDERS.

(b) ASSIST INDIVIDUALS, FAMILIES, GROUPS AND COMMUNITIES TO ENHANCE OR RESTORE THE ABILITY TO FUNCTION PHYSICALLY, SOCIALLY, EMOTIONALLY, MENTALLY AND ECONOMICALLY.

(c) assess, appraise, diagnose, evaluate and treat individuals, couples, families and groups through the use of psychotherapy.

10. "Practice of substance abuse counseling" means THE PROFESSIONAL APPLICATION OF GENERAL COUNSELING THEORIES, PRINCIPLES AND TECHNIQUES AS SPECIFICALLY ADAPTED, BASED ON RESEARCH AND CLINICAL EXPERIENCE, TO THE SPECIALIZED NEEDS AND CHARACTERISTICS OF PERSONS who are EXPERIENCING SUBSTANCE ABUSE, CHEMICAL DEPENDENCY AND RELATED PROBLEMS AND to THE FAMILIES of those persons. THE PRACTICE OF SUBSTANCE ABUSE COUNSELING INCLUDES THE FOLLOWING AS THEY RELATE TO SUBSTANCE ABUSE AND CHEMICAL DEPENDENCY ISSUES:

(a) ASSESSMENT, APPRAISAL AND DIAGNOSIS.

(b) THE USE OF PSYCHOTHERAPY FOR THE PURPOSE OF EVALUATION, DIAGNOSIS AND TREATMENT OF INDIVIDUALS, COUPLES, FAMILIES AND GROUPS.

9. 11. "Psychotherapy" means a variety of treatment methods developing out of generally accepted theories about human behavior and development.

10. 12. "Unprofessional practice conduct" includes the following, whether occurring in this state or elsewhere:

(a) Conviction of a felony. conviction by a court of competent JURISDICTION or a plea of no contest is conclusive evidence of the conviction.

(b) Use of fraud or deceit in connection with rendering services as a certified behavioral health professional licensee or in establishing qualifications pursuant to this chapter.

(i) to SECURe OR ATTEMPT TO SECURE THE ISSUANCE OR RENEWAL OF A LICENSE.

(ii) IN ANY STATEMENTS PROVIDED DURING AN INVESTIGATION OR DISCIPLINARY PROCEEDING BY THE BOARD.

(iii) REGARDING THE LICENSEE’S SKILLS OR the VALUE OF ANY TREATMENT PROVIDED OR TO BE PROVIDED.

(d) ANY FALSE, FRAUDULENT OR DECEPTIVE STATEMENT CONNECTED WITH THE PRACTICE OF BEHAVIORAL HEALTH, INCLUDING FALSE OR MISLEADING ADVERTISING BY THE LICENSEE OR THE LICENSEE’S STAFF OR a REPRESENTATIVE COMPENSATED BY THE LICENSEE.

(e) SECURING OR ATTEMPTING TO SECURE THE ISSUANCE OR RENEWAL OF A LICENSE BY KNOWINGLY TAKING ADVANTAGE OF THE MISTAKE OF ANOTHER PERSON OR THE BOARD.

(c) (f) active habitual intemperance in the use of narcotics, alcohol or drugs to the extent that performance of professional duties is impaired or active habitual substance abuse.

(g) using a controlled substance that is not prescribed for use during a prescribed course of treatment.

(d) (h) Obtaining a fee by fraud, deceit or misrepresentation.

(e) Betraying a professional confidence.

(f) Making use of statements of a character tending to deceive or mislead the public.

(g) (i) Aiding or abetting a person who is not certified as a behavioral health professional licensed pursuant to this chapter to purport to be a certified licensed behavioral health professional in this state.

(h) Gross negligence in the practice of a behavioral health profession by a certified behavioral health professional.

(j) Conduct that the board determines is gross negligence or repeated negligence in the licensee's profession.

(i) (k) Any conduct or practice that is contrary to recognized standards of ethics in the behavioral health profession or that constitutes a danger to the health, welfare or safety of a client.

(j) (l) Any conduct, practice or condition that impairs the ability of the certified behavioral health professional licensee to safely and competently practice that the licensee's profession.

(k) (m) Engaging or offering to engage as a certified behavioral health professional licensee in activities that are not congruent with the certified behavioral health professional's LICENSEE'S professional education, training or experience.

(l) Violating any provision of this chapter or refusing or neglecting to comply with rules adopted pursuant to this chapter or any lawful order of the board or a credentialing committee.

(n) FAILING TO COMPLY WITH OR VIOLATING, ATTEMPTING TO VIOLATE OR ASSISTING IN OR ABETTING THE VIOLATION OF ANY PROVISION OF THIS CHAPTER, ANY RULE ADOPTED PURSUANT TO THIS CHAPTER, ANY LAWFUL ORDER OF THE BOARD, OR ANY FORMAL ORDER, CONSENT AGREEMENT, TERM OF PROBATION OR STIPULATED AGREEMENT ISSUED UNDER THIS CHAPTER.

(o) FAILING TO FURNISH INFORMATION WITHIN A specified TIME TO THE BOARD OR ITS INVESTIGATORS OR REPRESENTATIVES IF LEGALLY REQUESTED BY THE BOARD.

(p) FAILING TO CONFORM TO MINIMUM PRACTICE STANDARDS AS DEVELOPED BY THE BOARD.

(q) FAILING OR REFUSING TO MAINTAIN ADEQUATE RECORDS OF BEHAVIORAL HEALTH SERVICES PROVIDED TO A CLIENT.

(r) PROVIDING BEHAVIORAL HEALTH SERVICES THAT ARE CLINICALLY UNJUSTIFIED OR UNSAFE OR OTHERWISE ENGAGING IN ACTIVITIES AS A LICENSEE THAT ARE UNPROFESSIONAL BY CURRENT STANDARDS OF PRACTICE.

(s) TERMINATING BEHAVIORAL HEALTH SERVICES TO A CLIENT WITHOUT MAKING AN APPROPRIATE REFERRAL FOR CONTINUATION OF CARE FOR THE CLIENT IF CONTINUING BEHAVIORAL HEALTH SERVICES ARE INDICATED.

(t) DISCLOSING A PROFESSIONAL CONFIDENCE OR PRIVILEGED COMMUNICATION EXCEPT AS MAY OTHERWISE BE REQUIRED BY LAW OR PERMITTED BY A VALID WRITTEN RELEASE.

(u) FAILING TO ALLOW THE BOARD OR ITS INVESTIGATORS ON DEMAND TO EXAMINE AND HAVE ACCESS TO DOCUMENTS, REPORTS AND RECORDS IN ANY FORMAT MAINTAINED BY THE LICENSEE THAT RELATE TO THE LICENSEE’S PRACTICE OF BEHAVIORAL HEALTH.

(v) ANY SEXUAL CONDUCT BETWEEN A LICENSEE AND A CLIENT OR FORMER CLIENT.

(w) PROVIDING BEHAVIORAL HEALTH SERVICES TO ANY PERSON WITH WHOM THE LICENSEE HAS HAD SEXUAL CONTACT.

(x) Exploiting a client, former client or supervisee. For the purposes of this subdivision, "exploiting" means taking advantage of a professional relationship with a client, former client or supervisee for the benefit or profit of the licensee.

(y) ENGAGING IN A DUAL RELATIONSHIP WITH A CLIENT THAT COULD IMPAIR THE LICENSEE’S OBJECTIVITY OR PROFESSIONAL JUDGMENT OR CREATE A RISK OF HARM TO THE CLIENT. For the purposes of this subdivision, "DUAL RELATIONSHIP" MEANS A LICENSEE SIMULTANEOUSLY ENGAGES IN BOTH A PROFESSIONAL AND NONPROFESSIONAL RELATIONSHIP WITH A CLIENT THAT IS AVOIDABLE AND NOT INCIDENTAL.

(z) Engaging in physical contact between a licensee and a client if there is a reasonable possibility of physical or psychological harm to the client as a result of that contact.

(aa) SEXUALLY HARASSING A CLIENT, FORMER CLIENT, RESEARCH SUBJECT, SUPERVISEE OR COWORKER. For the purposes of this subdivision, "sexually harassing" INCLUDes SEXUAL ADVANCES, SEXUAL SOLICITATION, REQUESTS FOR SEXUAL FAVORS, UNWELCOME COMMENTS OR GESTURES OR ANY OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE.

(bb) HARASSING, EXPLOITING OR RETALIATING AGAINST A CLIENT, FORMER CLIENT, RESEARCH SUBJECT, SUPERVISEE, COWORKER OR WITNESS OR a COMPLAINANT IN A DISCIPLINARY INVESTIGATION OR PROCEEDING INVOLVING A LICENSEE.

(cc) FAILING TO TAKE REASONABLE STEPS TO INFORM POTENTIAL VICTIMS AND APPROPRIATE AUTHORITIES if THE LICENSEE BECOMES AWARE DURING THE COURSE OF PROVIDING OR SUPERVISING BEHAVIORAL HEALTH SERVICES THAT A CLIENT’S CONDITION INDICATES A CLEAR AND IMMINENT DANGER TO THE CLIENT OR OTHERS.

(dd) FAILING TO COMPLY WITH THE LAWS OF THE APPROPRIATE LICENSING OR CREDENTIALING AUTHORITY TO PROVIDE BEHAVIORAL HEALTH SERVICES BY ELECTRONIC MEANS IN ALL GOVERNMENTAL JURISDICTIONS WHERE THE CLIENT RECEIVING these SERVICES RESIDES.

(ee) GIVING OR RECEIVING A PAYMENT, KICKBACK, REBATE, BONUS OR OTHER REMUNERATION FOR A REFERRAL.

(ff) Failing to report in writing to the board information that would cause a reasonable licensee to believe that another licensee is guilty of unprofessional conduct or is physically or mentally unable to provide behavioral health services competently or safely. This duty does not extend to information provided by a licensee that is protected by the behavioral health professional‑client privilege unless the information indicates a clear and imminent danger to the client or others or is otherwise subject to mandatory reporting requirements pursuant to state or federal law.

(gg) FAILING TO FOLLOW FEDERAL AND STATE LAWs REGARDING THE STORAGE, USE AND RELEASE OF CONFIDENTIAL INFORMATION REGARDING A CLIENT’S PERSONAL IDENTIFIABLE INFORMATION OR CARE.

(hh) FAILING TO RETAIN RECORDS pursuant to section 12-2297.

(ii) VIOLATING ANY FEDERAL OR STATE LAW, RULE OR REGULATION APPLICABLE TO THE PRACTICE OF BEHAVIORAL HEALTH.

(jj) FAILING TO MAKE CLIENT RECORDS IN THE LICENSEE’S POSSESSION AVAILABLE IN A TIMELY MANNER TO ANOTHER HEALTH PROFESSIONAL OR LICENSEE ON RECEIPT OF PROPER AUTHORIZATION TO DO SO FROM THE CLIENT, A MINOR CLIENT’S PARENT, THE CLIENT’S LEGAL GUARDIAN OR THE CLIENT’S AUTHORIZED REPRESENTATIVE.

(kk) FAILING TO MAKE CLIENT RECORDS IN THE LICENSEE’S POSSESSION PROMPTLY AVAILABLE TO THE CLIENT, A MINOR CLIENT’S PARENT, THE CLIENT’S LEGAL GUARDIAN OR THE CLIENT’S AUTHORIZED REPRESENTATIVE ON RECEIPT OF PROPER AUTHORIZATION TO DO SO FROM THE CLIENT, A MINOR CLIENT’S PARENT, THE CLIENT’S LEGAL GUARDIAN OR THE CLIENT’S AUTHORIZED REPRESENTATIVE.

(ll) BEING THE SUBJECT OF THE REVOCATION, SUSPENSION, SURRENDER OR ANY OTHER DISCIPLINARY SANCTION OF A PROFESSIONAL LICENSE, CERTIFICATe OR REGISTRATION OR OTHER ADVERSE ACTION RELATED TO A PROFESSIONAL LICENSE, CERTIFICATe OR REGISTRATION IN ANOTHER JURISDICTION OR COUNTRY, INCLUDING THE FAILURE TO REPORT the ADVERSE ACTION TO THE BOARD. THE ACTION TAKEN MAY INCLUDE REFUSING, DENYING, REVOKING OR SUSPENDING A LICENSE OR CERTIFICATE, THE SURRENDERING OF A LICENSE OR CERTIFICATE, OTHERWISE LIMITING, RESTRICTING OR MONITORING A LICENSEE OR PLACING A LICENSEE ON PROBATION.

(mm) ANY SANCTION IMPOSED BY AN AGENCY OF THE FEDERAL GOVERNMENT THAT INVOLVES RESTRICTING, SUSPENDING, LIMITING OR REMOVING THE LICENSEE’S ABILITY TO OBTAIN FINANCIAL REMUNERATION FOR BEHAVIORAL HEALTH SERVICES.

(nn) VIOLATING THE SECURITY OF ANY LICENSURE EXAMINATION MATERIALS.

(oo) The USe OF FRAUD OR DECEIT IN CONNECTION WITH TAKING OR ASSISTING ANOTHER PERSON in taking A LICENSURE EXAMINATION. END_STATUTE

Sec. 6. Section 32-3252, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3252. Board of behavioral health examiners; appointment; qualifications; terms; organization; compensation; immunity

A. The board of behavioral health examiners is established consisting of two members one professional member from each credentialing committee established pursuant to this chapter and eight four public members appointed by the governor.

B. Each professional board member shall be a resident of this state at the time of appointment. Representatives from credentialing committees shall be eligible to be certified pursuant to this chapter and shall have at least five years' experience in the practice of a behavioral health profession. Public members shall not be eligible for certification pursuant to this chapter shall:

1. be a resident of this state for not less than one year before appointment.

2. Be an active licensee in good standing.

3. have at least five YEARS of experience in an area of behavioral health licensed pursuant to this chapter.

C. Each public member shall:

1. be a resident of this state for not less than one year before appointment.

2. be at least twenty-one years of age.

3. Not be or have ever been a behavioral health professional or the spouse of a behavioral health professional.

4. Not have or have ever had any FINANCIAL interest in the provision of behavioral health services.

5. not have engaged in any activity directly related to the practice of behavioral health.

C. d. The term of office of board members is three years to begin and end on the third Monday in January. A member shall not serve more than two full consecutive terms.

D. e. The board shall annually elect a chairman and secretary‑treasurer from its membership.

E. f. Board members are eligible to receive compensation as determined pursuant to section 38-611 for each day actually and necessarily spent in the performance of their duties.

F. g. Board members and personnel are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter. END_STATUTE

Sec. 7. Section 32-3253, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3253. Powers and duties

A. The board shall:

1. Adopt rules consistent with and necessary or proper to carry out the purposes of this chapter.

2. Administer and enforce this chapter, rules adopted pursuant to this chapter and orders of the board.

3. Certify every qualified applicant who is recommended to the board for certification by the appropriate credentialing committee as a practitioner of the particular behavioral health profession regulated.

3. issue a license by examination, reciprocity or temporary RECOGNITION to, and renew the license of, each person who is qualified to be licensed pursuant to this chapter.

4. Establish a certification licensure fee schedule annually, by a formal vote at a regular board meeting.

5. Collect fees and spend monies.

6. Keep a record of all persons certified licensed pursuant to this chapter, actions taken on all applications for certification licensure, actions involving renewal, suspension, revocation or denial of certificates a license or probation of certified behavioral health professionals licensees and the receipt and disbursal of monies.

7. Adopt an official seal for attestation of certification licensure and other official papers and documents.

8. Employ temporary or permanent personnel as it deems necessary.

9. CONDUCT INVESTIGATIONS AND DETERMINE ON ITS OWN MOTION IF A LICENSEE OR AN APPLICANT HAS ENGAGED IN UNPROFESSIONAL CONDUCT, IS INCOMPETENT OR IS MENTALLY OR PHYSICALLY UNABLE TO ENGAGE IN THE PRACTICE OF BEHAVIORAL HEALTH.

10. Conduct DISCIPLINARY ACTIONS PURSUANT TO THIS CHAPTER AND BOARD RULES.

11. ESTABLISH AND ENFORCE STANDARDS OR CRITERIA OF PROGRAMS OR OTHER MECHANISMS TO eNSURE THE CONTINUING COMPETENCE OF LICENSEES.

12. ESTABLISH AND ENFORCE COMPLIANCE WITH PROFESSIONAL STANDARDS AND RULES OF CONDUCT FOR LICENSEES.

13. ENGAGe IN A FULL EXCHANGE OF INFORMATION WITH THE LICENSING AND DISCIPLINARY BOARDS AND PROFESSIONAL ASSOCIATIONS FOR BEHAVIORAL HEALTH PROFESSIONALS IN this state AND OTHER JURISDICTIONS.

B. The board may conduct disciplinary hearings on credentialing committee findings involving disciplinary action and, on review of records, affirm, reverse, adopt, modify, supplement, amend or reject a credentialing committee's report in whole or in part.

B. THE BOARD MAY JOIN PROFESSIONAL ORGANIZATIONS AND ASSOCIATIONS ORGANIZED EXCLUSIVELY TO PROMOTE THE IMPROVEMENT OF THE STANDARDS OF THE PRACTICE OF BEHAVIORAL HEALTH, PROTECT THE HEALTH AND WELFARE OF THE PUBLIC OR ASSIST AND FACILITATE THE WORK OF THE BOARD. END_STATUTE

Sec. 8. Section 32-3261, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3261. Credentialing committees; appointment; qualifications; terms; compensation; organization; immunity

A. The following credentialing committees are established:

1. Social work.

2. Counseling.

3. Marriage and family therapy.

4. Substance abuse counseling and treatment.

B. The governor shall appoint four professional members of and one public member to each credentialing committees committee. Each credentialing committee member shall be a resident of this state at the time of appointment. Each credentialing committee shall consist of not fewer than two nor more than four members who are eligible to be certified members of the profession being regulated and not fewer than one nor more than three public members who are not in any way connected with the practice of behavioral health. The governor shall determine the exact size of each credentialing committee after due consideration of the size of the credentialing committee necessary to carry out the duties prescribed in this chapter.

C. Each professional credentialing committee member shall:

1. be a resident of this state for not less than one year before appointment.

2. Be an active licensee in good standing.

3. have at least five YEARS of experience in an area of behavioral health licensed pursuant to this chapter.

D. Each public member shall:

1. be a resident of this state for not less than one year before appointment.

2. be at least twenty-one years of age.

3. Not be or have ever been a behavioral health professional or the spouse of a behavioral health professional.

4. Not have or have ever had any FINANCIAL interest in the provision of behavioral health services.

5. not have engaged in any activity directly related to the practice of behavioral health.

C. E. The term of office of credentialing committee members is three years to begin and end on the third Monday in January. A member shall not serve more than two full consecutive terms.

D. f. Credentialing committee members are eligible to receive compensation as determined pursuant to section 38-611 for each day actually and necessarily spent in the performance of their duties.

E. g. A credentialing committee shall annually elect a chairman and secretary-treasurer secretary from its membership.

F. h. Credentialing committee members are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter. END_STATUTE

Sec. 9. Section 32-3262, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3262. Credentialing committees; duties

A. A credentialing committee shall: develop an application process for certification, recommend applicants for certification to the board and inform the public of the individuals who are certified by the board as behavioral health professionals in the credentialing committee's profession.

1. administer and enforce this chapter, rules adopted pursuant to this chapter and board orders.

2. review licensure and licensure renewal applications and recommend the approval or denial of licensure and licensure renewal to the board.

3. conduct investigations and hearings regarding charges of violations of this chapter and board rules and orders and make RECOMMENDATIONS to the board pursuant to this chapter.

B. A credentialing committee, on its own motion or on a complaint, may initiate an investigation regarding unprofessional practice by any behavioral health professional certified in the credentialing committee's profession. As part of its investigation a credentialing committee may hold a hearing pursuant to this chapter. If a credentialing committee holds a hearing it shall submit a report of its findings to the board within thirty days after the hearing.

C. A credentialing committee may employ temporary or permanent personnel as it deems necessary. END_STATUTE

Sec. 10. Heading change

The article heading of title 32, chapter 33, article 3, Arizona Revised Statutes, is changed from "CERTIFICATION" to "LICENSURE".

Sec. 11. Section 32-3271, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3271. Exceptions to licensure; jurisdiction

A. This chapter shall does not be construed to limit services performed by a person who does not represent himself by any title specified in this chapter and who is apply to:

1. A licensed or certified health care professional acting within the scope of his license or certificate.

1. A person who is currently licensed, certified or regulated pursuant to another chapter of this title and who provides services WITHIN the person's scope of practice if the person does not claim to be licensed pursuant to this chapter.

2. A student, intern or trainee pursuing a course of study in behavioral health in a regionally accredited institution of higher education or training institution if his behavioral health activities are performed under qualified supervision and constitute a part of his supervised course of study.

3. 2. Not A person who is not a resident of this state if he the person:

(a) Performs behavioral health services in this state for not more than thirty ninety days in any one calendar year and he as prescribed by board rule.

(b) Is authorized to perform such these services pursuant to the laws of the state or country in which he the person resides or pursuant to the laws of a federally recognized tribe.

4. 3. A rabbi, priest, minister or clergy of any religious denomination or sect if the activities and services he performs are within the scope of the performance of the regular or specialized ministerial duties of an established and legally recognizable church, denomination or sect and the person performing the services remains accountable to the established authority of the church, denomination or sect.

5. Employed in a behavioral health agency licensed by the department of health services or the department of economic security unless the person is certified by the board.

4. a member run self-help or self-growth group if no member of the group receives direct or indirect financial compensation.

5. a behavioral health technician or behavioral health paraprofessional who is employed by an agency licensed by the department of health services.

6. A person contracting with the supreme court or a person employed by or contracting with an agency under contract witH the supreme court who is otherwise ineligible to be licensed or who is in the process of applying to be licensed under this chapter as long as that person is in compliance with the supreme court contract conditions regarding professional counseling services and practices only under supervision.

7. A person employed by the department of economic security who practices social work, marriage and family therapy, substance abuse counseling, counseling and case management within the scope of the person's job duties and under direct supervision by the department of economic security.

8. A student, intern or trainee pursuing a course of study in social work, counseling, marriage and family therapy, substance abuse counseling or case management in a regionally accredited institution of higher education or training institution if the person's activities are performed under qualified supervision and are part of the person's supervised course of study.

9. A person practicing social work, counseling and case management employed by an agency licensed by the department of economic security.

10. A paraprofessional employed by the department of economic security or by an agency licensed by the department of economic security.

b. A person who provides services pursuant to subsection A, paragraph 2 is deemed to HAVE agreed to the JURISDICTION of the board and to be bound by the laws of this state. END_STATUTE

Sec. 12. Section 32-3272, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3272. Fees

A. On recommendation of a credentialing committee The board shall establish and charge reasonable fees of not to exceed two hundred fifty dollars for issuance and renewal of a certificate granted to a certified behavioral health professional license issued pursuant to this chapter.

B. The board shall establish fees to produce monies that approximate the cost of maintaining the board and the credentialing committees. END_STATUTE

Sec. 13. Section 32-3273, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3273. License renewal; continuing education

A. Behavioral health professional certificates a license issued pursuant to this chapter are is renewable biennially by paying the renewal fee recommended by the appropriate credentialing committee and established prescribed by the board and submitting evidence satisfactory to the appropriate credentialing committee of completion of relevant continuing education experience as determined by the appropriate credentialing committee during the previous twenty-four month period.

B. A credentialing committee The board shall send notice in writing of required relevant continuing education experience to its certified behavioral health professionals each licensee at least one year ninety days before the renewal date.

C. A licensee must satisfy the continuing education requirements that are prescribed by the board by rule and that are designed to provide the necessary understanding of ethics, cultural competency, current developments, skills, procedures and treatments related to behavioral health and to ensure the continuing competence of licensees. The board shall adopt rules to prescribe the manner of documenting compliance with this subsection. END_STATUTE

Sec. 14. Section 32-3274, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3274. Reciprocity

The board may issue a certificate license to a person in his that person's particular behavioral health profession if he the person is licensed, or certified or registered in by another state regulatory agency at an equivalent or higher practice level as determined by the board, and pays the fee prescribed fee by the board and meets all of the following requirements:

1. SUBMITS a written application prescribed by the board.

2. is of good moral character. The board's standard to determine good moral character shall not violate federal discrimination laws.

3. documents to the board's satisfaction proof of initial licensure or certification at an equivalent designation for which the applicant is seeking licensure in this state and proof that the license or certificate is current and in good standing.

4. Documents to the board's satisfaction proof that any other license or certificate issued to the applicant by another state has not been suspended or revoked. If a licensee or certificate holder has been subjected to any other disciplinary action, the board may assess the magnitude of that action and make a decision regarding reciprocity based on this assessment.

5. meets any other requirements prescribed by the board. END_STATUTE

Sec. 15. Title 32, chapter 33, article 3, Arizona Revised Statutes, is amended by adding sections 32-3275 through 32-3280, to read:

START_STATUTE32-3275. Requirements for licensure

AN APPLICANT FOR LICENSURE must MEET all OF THE FOLLOWING requirements:

1. SUBMIt An APPLICATION as prescribed BY THE BOARD.

2. be at least twenty-one YEARS OF AGE.

3. Be OF GOOD MORAL CHARACTER. The board's standard to determine good moral character shall not violate federal discrimination laws.

4. PAY ALL APPLICABLE FEES prescribed by THE BOARD.

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 AGAINST A LICENSEE PURSUANT TO THIS CHAPTER.

7. Not have HAD A PROFESSIONAL LICENSE OR CERTIFICATE REFUSED, REVOKED, SUSPENDED OR RESTRICTED IN any regulatory jurisdiction in the UNITED STATES OR in ANOTHER COUNTRY FOR REASONS THAT RELATE TO UNPROFESSIONAL CONDUCT. IF THE BOARD FINDS THAT THE APPLICANT COMMITTED AN ACT OR ENGAGED IN CONDUCT THAT WOULD CONSTITUTE GROUNDS FOR DISCIPLINARY ACTION in this state, THE BOARD SHALL DETERMINE TO ITS SATISFACTION THAT THE CONDUCT HAS BEEN CORRECTED, MONITORED AND RESOLVED. IF THE MATTER HAS NOT BEEN RESOLVED, THE BOARD SHALL DETERMINE TO ITS SATISFACTION THAT MITIGATING CIRCUMSTANCES EXIST that PREVENT ITS RESOLUTION.

8. Not have VOLUNTARILY SURRENDERED A LICENSE OR CERTIFICATE IN ANOTHER REGULATORY JURISDICTION IN THE UNITED STATES OR ANY OTHER COUNTRY WHILE UNDER INVESTIGATION FOR CONDUCT THAT RELATES TO UNPROFESSIONAL CONDUCT. IF ANOTHER JURISDICTION HAS TAKEN DISCIPLINARY ACTION AGAINST AN APPLICANT, THE BOARD SHALL DETERMINE TO ITS SATISFACTION THAT THE CAUSE FOR THE ACTION WAS CORRECTED AND THE MATTER RESOLVED. IF THE MATTER HAS NOT BEEN RESOLVED BY THAT JURISDICTION, THE BOARD SHALL DETERMINE TO ITS SATISFACTION THAT MITIGATING CIRCUMSTANCES EXIST that PREVENT ITS RESOLUTION.

9. NOT HAVE A COMPLAINT, ALLEGATION OR INVESTIGATION PENDING BEFORE ANOTHER REGULATORY JURISDICTION IN THE UNITED STATES OR ANOTHER COUNTRY THAT RELATES TO UNPROFESSIONAL CONDUCT. IF AN APPLICANT HAS ANY SUCH COMPLAINTS, ALLEGATIONS OR INVESTIGATIONS pending, THE BOARD SHALL SUSPEND THE APPLICATION PROCESS AND MAY NOT ISSUE OR DENY A LICENSE TO THE APPLICANT UNTIL THE COMPLAINT, ALLEGATION OR INVESTIGATION IS RESOLVED. END_STATUTE

START_STATUTE32-3276. Notice of address and telephone number changes; penalties

A. A LICENSEE must provide the board with THE LICENSEE’S CURRENT RESIDENCE ADDRESS AND TELEPHONE NUMBER, OFFICE ADDRESS AND TELEPHONE NUMBER AND PROMPTLY AND IN WRITING INFORM THE BOARD OF EACH CHANGE IN RESIDENCE ADDRESS AND TELEPHONE NUMBER AND OFFICE ADDRESS AND TELEPHONE NUMBER.

B. THE BOARD MAY ASSESS THE COSTS INCURRED BY THE BOARD IN LOCATING A LICENSEE AND Impose A PENALTY OF NOT TO EXCEED ONE HUNDRED DOLLARS AGAINST A LICENSEE WHO does not notify the board pursuant to subsection A WITHIN THIRTY DAYS after THE CHANGE of address or telephone number. END_STATUTE

START_STATUTE32-3277. Expired licenses; reinstatement

A. A person WHO does not renew a license is INELIGIBLE TO PRACTICE pursuant to this chapter.

B. The board may reinstate AN EXPIRED LICENSE if the person submits an application for REINSTATEMENT WITHIN ninety DAYS after THE EXPIRATION of the license. The application must document to the board's satisfaction that THE APPLICANT has met the RENEWAL REQUIREMENTS prescribed by THIS CHAPTER and include A LATE RENEWAL PENALTY prescribed by the board by rule. END_STATUTE

START_STATUTE32-3278. Inactive license

A. THE BOARD by rule MAY ESTABLISH PROCEDURES FOR A LICENSEE TO DELAY RENEWAL OF THE LICENSE FOR GOOD CAUSE and to place the licensee on inactive status. A person on inactive status SHALL NOT PRACTICE BEHAVIORAL HEALTH OR claim to be A LICENSEE.

B. A LICENSEE ON INACTIVE STATUS MAY REQUEST REINSTATEMENT OF THE LICENSE TO ACTIVE STATUS BY SUBMITTING A LICENSE RENEWAL APPLICATION. END_STATUTE

START_STATUTE32-3279. Probationary and temporary licenses

A. If an applicant does not meet the basic requirements for licensure prescribed in section 32-3275, the board may issue a probationary license that is subject to any of the following:

1. A requirement that the licensee's practice be supervised.

2. A restriction on the licensee's practice.

3. A requirement that the licensee begin or continue medical or psychiatric treatment.

4. A requirement that the licensee participate in a specified rehabilitation program.

5. A requirement that the licensee abstain from alcohol and other drugs.

B. If the board offers a probationary license, the board shall notify the applicant in writing of the:

1. applicant's specific DEFICIENCIES.

2. probationary period.

3. applicant's right to reject the terms of probation.

4. applicant's right to a hearing on the board's denial of the application.

C. The board by rule may prescribe a procedure to issue temporary licenses. At a minimum, these rules must include the following provisions:

1. A person issued a temporary LICENSE may practice behavioral health only under the direct supervision of a licensee.

2. a temporary LICENSE expires on the date specified by the board and not more than one year after the date of issuance.

3. A temporary LICENSE may contain restrictions as to time, place and supervision that the board deems appropriate.

4. The board may summarily revoke a temporary license without a hearing.

5. The board's denial of a licensure application terminates a temporary license. END_STATUTE

START_STATUTE32-3280. Fingerprinting

A. AN APPLICANT FOR LICENSURE UNDER THIS ARTICLE OTHER THAN for A TEMPORARY LICENSE, must SUBMIT A FULL SET OF FINGERPRINTS TO THE BOARD, at the applicant's own expense, FOR THE PURPOSE OF OBTAINING A STATE AND FEDERAL CRIMINAL history RECORDS CHECK PURSUANT TO section 41-1750 AND P.L. 92-544. THE DEPARTMENT OF PUBLIC SAFETY may EXCHANGE THIS FINGERPRINT DATA WITH THE FEDERAL BUREAU OF INVESTIGATION.

B. AS A CONDITION OF RENEWING A LICENSE, A person LICENSEd PURSUANT TO THIS CHAPTER WHO HAs NOT PREVIOUSLY DONE SO must SUBMIT A FULL SET OF FINGERPRINTS TO THE BOARD, at the licensees' own expense, FOR THE PURPOSE OF OBTAINING A STATE AND FEDERAL CRIMINAL history RECORDS CHECK PURSUANT TO section 41‑1750 AND P.L. 92‑544. THE DEPARTMENT OF PUBLIC SAFETY may EXCHANGE THIS FINGERPRINT DATA WITH THE FEDERAL BUREAU OF INVESTIGATION. THE BOARD SHALL PROVIDE WRITTEN NOTICE OF THIS REQUIREMENT TO ALL LICENSEES AT LEAST SIX MONTHS BEFORE EACH LICENSEE’S EXPIRATION DATE.

C. THE BOARD SHALL WAIVE THE RECORDS CHECK REQUIRED IN SUBSECTIONS A AND B of this section FOR AN APPLICANT OR LICENSEE PROVIDING EVIDENCE ACCEPTABLE TO THE BOARD THAT THE APPLICANT OR LICENSEE HOLDS A CURRENT CLASS 1 OR CLASS 2 FINGERPRINT CLEARANCE CARD ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY. END_STATUTE

Sec. 16. Delayed repeal

Section 32-3281, Arizona Revised Statutes, is repealed from and after June 30, 2004.

Sec. 17. Title 32, chapter 33, article 4, Arizona Revised Statutes, is amended by adding a new section 32-3281, to read:

START_STATUTE32-3281. Disciplinary action; hearings; civil penalty; appeal

A. A CREDENTIALING COMMITTEE, ON ITS OWN MOTION OR ON A COMPLAINT, MAY INVESTIGATE ANY EVIDENCE THAT APPEARS TO SHOW THAT A LICENSEE IS OR MAY BE INCOMPETENT, IS OR MAY BE GUILTY OF UNPROFESSIONAL CONDUCT OR IS OR MAY BE MENTALLY OR PHYSICALLY UNABLE TO SAFELY ENGAGE IN THE PRACTICE OF BEHAVIORAL HEALTH. AS PART OF ITS INVESTIGATION, A CREDENTIALING COMMITTEE MAY HOLD AN INVESTIGATIONAL MEETING PURSUANT TO THIS CHAPTER. ANY PERSON MAY, AND A LICENSEE AND ANY ENTITY LICENSED BY THE OFFICE OF BEHAVIORAL HEALTH LICENSURE SHALL, REPORT TO THE BOARD ANY INFORMATION THAT WOULD CAUSE A REASONABLE LICENSEE TO BELIEVE THAT ANOTHER LICENSEE IS GUILTY OF UNPROFESSIONAL CONDUCT OR is PHYSICALLY OR MENTALLY UNABLE TO PROVIDE BEHAVIORAL HEALTH SERVICES COMPETENTLY OR SAFELY. ANY PERSON OR ENTITY THAT REPORTS OR PROVIDES INFORMATION TO THE BOARD IN GOOD FAITH IS NOT SUBJECT TO AN ACTION FOR CIVIL DAMAGES. IT IS AN ACT OF UNPROFESSIONAL CONDUCT FOR ANY LICENSEE TO FAIL TO REPORT AS REQUIRED BY THIS SECTION. THE BOARD SHALL REPORT TO THE OFFICE OF BEHAVIORAL HEALTH LICENSURE in the department of health services ANY ENTITY LICENSED BY THE OFFICE OF BEHAVIORAL HEALTH LICENSURE THAT FAILS TO REPORT AS REQUIRED BY THIS SECTION.

B. A CREDENTIALING COMMITTEE SHALL REQUIRE ANY COMBINATION OF MENTAL, PHYSICAL OR ORAL OR WRITTEN COMPETENCY EXAMINATIONS, at the licensees' own expense, AND CONDUCT NECESSARY INVESTIGATIONS, INCLUDING INVESTIGATIONAL INTERVIEWS BETWEEN REPRESENTATIVES OF THE BOARD AND THE LICENSEE, TO FULLY INFORM ITSELF WITH RESPECT TO ANY INFORMATION FILED WITH THE BOARD UNDER SUBSECTION A OF THIS SECTION. THESE EXAMINATIONS MAY INCLUDE BIOLOGICAL FLUID TESTING. THE CREDENTIALING COMMITTEE MAY REQUIRE THE LICENSEE, AT THE LICENSEE’S EXPENSE, TO UNDERGO ASSESSMENT BY A REHABILITATIVE, RETRAINING OR ASSESSMENT PROGRAM APPROVED BY THE CREDENTIALING COMMITTEE.

C. IF THE BOARD FINDS, BASED ON THE INFORMATION RECEIVED pursuant to SUBSECTION A OR B OF THIS SECTION, THAT THE PUBLIC HEALTH, SAFETY OR WELFARE IMPERATIVELY REQUIRES EMERGENCY ACTION, AND INCORPORATES A FINDING TO THAT EFFECT IN ITS ORDER, THE BOARD MAY RESTRICT, LIMIT OR ORDER A SUMMARY SUSPENSION OF A LICENSE PENDING PROCEEDINGS FOR REVOCATION OR OTHER ACTION. IF THE BOARD TAKES ACTION PURSUANT TO THIS SUBSECTION, IT must ALSO SERVE THE LICENSEE WITH A WRITTEN NOTICE THAT STATES THE CHARGES AND THAT THE LICENSEE IS ENTITLED TO A FORMAL HEARING BEFORE THE BOARD OR AN ADMINISTRATIVE LAW JUDGE WITHIN sixty DAYS.

D. IF AFTER COMPLETING AN INVESTIGATIONAL MEETING THE CREDENTIALING COMMITTEE FINDS THAT THE INFORMATION PROVIDED IS NOT OF SUFFICIENT SERIOUSNESS TO MERIT DISCIPLINARY ACTION AGAINST THE LICENSEE, THE CREDENTIALING COMMITTEE SHALL RECOMMEND EITHER OF THE FOLLOWING ACTIONS TO THE BOARD:

1. DISMISS IF, IN THE OPINION OF THE CREDENTIALING COMMITTEE, THE COMPLAINT IS WITHOUT MERIT.

2. FILE A LETTER OF CONCERN AND DISMISS THE COMPLAINT.

E. IF AFTER COMPLETING ITS INVESTIGATION THE CREDENTIALING COMMITTEE BELIEVES THAT THE INFORMATION IS OR MAY BE TRUE, the credentialing committee CAN RECOMMEND THAT THE BOARD ENTER INTO A CONSENT AGREEMENT WITH THE LICENSEE TO LIMIT OR RESTRICT THE LICENSEE’S PRACTICE OR TO REHABILITATE THE LICENSEE, PROTECT THE PUBLIC AND ENSURE THE LICENSEE’S ABILITY TO SAFELY ENGAGE IN THE PRACTICE OF BEHAVIORAL HEALTH. A CONSENT AGREEMENT MAY ALSO REQUIRE THE LICENSEE TO SUCCESSFULLY COMPLETE A BOARD APPROVED REHABILITATIVE, RETRAINING OR ASSESSMENT PROGRAM.

F. IF ON RECEIPT OF A CREDENTIALING COMMITTEE’S RECOMMENDATION THE BOARD FINDS THAT THE INFORMATION PROVIDED PURSUANT TO subSECTION A OF THIS SECTION IS NOT OF SUFFICIENT SERIOUSNESS TO MERIT DIRECT ACTION AGAINST THE LICENSEE, THE BOARD MAY TAKE EITHER OF THE FOLLOWING ACTIONS:

1. DISMISS IF, IN THE OPINION OF THE BOARD, THE COMPLAINT IS WITHOUT MERIT.

2. FILE A LETTER OF CONCERN AND DISMISS THE COMPLAINT. THE LICENSEE MAY FILE A WRITTEN RESPONSE WITH THE BOARD WITHIN THIRTY DAYS AFTER THE LICENSEE RECEIVES THE LETTER OF CONCERN.

G. IF ON RECEIPT OF A CREDENTIALING COMMITTEE’S RECOMMENDATION THE BOARD FINDS THAT THE INFORMATION PROVIDED PURSUANT TO SUBSECTION A OF THIS SECTION IS OR MAY BE TRUE, THE BOARD MAY ENTER INTO AN AGREEMENT WITH THE LICENSEE TO LIMIT OR RESTRICT THE LICENSEE’S PRACTICE OR TO REHABILITATE THE LICENSEE, PROTECT THE PUBLIC AND ENSURE THE LICENSEE’S ABILITY TO SAFELY ENGAGE IN THE PRACTICE OF BEHAVIORAL HEALTH. THE BOARD MAY ALSO REQUIRE THE LICENSEE TO SUCCESSFULLY COMPLETE A BOARD APPROVED REHABILITATIVE, RETRAINING OR ASSESSMENT PROGRAM.

H. IF ON RECEIPT OF A CREDENTIALING COMMITTEE’S RECOMMENDATION THE BOARD FINDS THAT THE INFORMATION PROVIDED PURSUANT TO SUBSECTION A OF THIS SECTION IS OR MAY BE TRUE, THE BOARD MAY REQUEST A formal INTERVIEW WITH THE LICENSEE. IF THE LICENSEE REFUSES THE INVITATION FOR A formal INTERVIEW OR ACCEPTS AND THE RESULTS INDICATE THAT GROUNDS MAY EXIST FOR REVOCATION OR SUSPENSION OF THE LICENSEE’S LICENSE FOR MORE THAN TWELVE MONTHS, THE BOARD SHALL ISSUE A FORMAL COMPLAINT AND ORDER THAT A HEARING BE HELD PURSUANT TO TITLE 41, CHAPTER 6, ARTICLE 10. IF AFTER COMPLETING A formal INTERVIEW THE BOARD FINDS THAT THE PROTECTION OF THE PUBLIC REQUIRES EMERGENCY ACTION, the board MAY ORDER A SUMMARY SUSPENSION OF THE LICENSEE’S LICENSE PENDING FORMAL REVOCATION PROCEEDINGS OR OTHER ACTION AUTHORIZED BY THIS SECTION.

I. IF AFTER COMPLETING THE formal INTERVIEW THE BOARD FINDS THE INFORMATION PROVIDED IS NOT OF SUFFICIENT SERIOUSNESS TO MERIT SUSPENSION FOR MORE THAN TWELVE MONTHS OR REVOCATION OF THE LICENSE, the board MAY TAKE THE FOLLOWING ACTIONS:

1. DISMISS IF, IN THE OPINION OF THE BOARD, THE INFORMATION IS WITHOUT MERIT.

2. FILE A LETTER OF CONCERN AND DISMISS THE COMPLAINT. THE LICENSEE MAY FILE A WRITTEN RESPONSE WITH THE BOARD WITHIN THIRTY DAYS AFTER THE LICENSEE RECEIVES THE LETTER OF CONCERN.

3. ISSUE A DECREE OF CENSURE. A DECREE OF CENSURE IS AN OFFICIAL ACTION AGAINST THE LICENSEE’S LICENSE AND MAY INCLUDE A REQUIREMENT FOR RESTITUTION OF FEES TO A CLIENT RESULTING FROM VIOLATIONS OF THIS CHAPTER OR RULES ADOPTED pursuant to THIS CHAPTER.

4. FIX A PERIOD AND TERMS OF PROBATION BEST ADAPTED TO PROTECT THE PUBLIC HEALTH AND SAFETY AND REHABILITATE OR EDUCATE THE LICENSEE CONCERNED. PROBATION MAY INCLUDE TEMPORARY SUSPENSION NOT TO EXCEED TWELVE MONTHS, RESTRICTION OF THE LICENSEE’S LICENSE TO PRACTICE BEHAVIORAL HEALTH, A REQUIREMENT FOR RESTITUTION OF FEES TO A CLIENT OR EDUCATION OR REHABILITATION AT THE LICENSEE’S OWN EXPENSE. IF A LICENSEE FAILS TO COMPLY WITH THE TERMS OF PROBATION, THE BOARD SHALL SERVE THE LICENSEE WITH A WRITTEN NOTICE THAT STATES THAT THE LICENSEE IS SUBJECT TO A FORMAL HEARING BASED ON THE INFORMATION CONSIDERED BY THE BOARD AT THE formal INTERVIEW AND ANY OTHER ACTS OR CONDUCT ALLEGED TO BE IN VIOLATION OF THIS CHAPTER OR RULES ADOPTED BY THE BOARD PURSUANT TO THIS CHAPTER, INCLUDING NONCOMPLIANCE WITH THE TERMS OF PROBATION OR A CONSENT AGREEMENT.

J. IF THE BOARD FINDS THAT THE INFORMATION PROVIDED IN SUBSECTION A OR H OF THIS SECTION WARRANTS SUSPENSION OR REVOCATION OF A LICENSE ISSUED UNDER THIS CHAPTER, the board SHALL INITIATE FORMAL PROCEEDINGS PURSUANT TO TITLE 41, CHAPTER 6, ARTICLE 10.

K. IN A formal INTERVIEW PURSUANT TO SUBSECTION H OF THIS SECTION OR IN A HEARING PURSUANT TO SUBSECTION J OF THIS SECTION, THE BOARD IN ADDITION TO ANY OTHER ACTION MAY IMPOSE A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION OF THIS CHAPTER OR A RULE ADOPTED UNDER THIS CHAPTER.

L. A LETTER OF CONCERN IS A PUBLIC DOCUMENT.

M. A LICENSEE WHO AFTER A FORMAL HEARING IS FOUND BY THE BOARD TO BE GUILTY OF UNPROFESSIONAL CONDUCT, TO BE MENTALLY OR PHYSICALLY UNABLE TO SAFELY ENGAGE IN THE PRACTICE OF BEHAVIORAL HEALTH OR TO BE PROFESSIONALLY INCOMPETENT IS SUBJECT TO CENSURE, PROBATION AS PROVIDED IN THIS SECTION, SUSPENSION OF LICENSE OR REVOCATION OF LICENSE OR ANY COMBINATION OF THESE, INCLUDING A STAY OF ACTION, AND FOR A PERIOD OF TIME OR PERMANENTLY AND UNDER CONDITIONS AS THE BOARD DEEMS APPROPRIATE FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY AND JUST IN THE CIRCUMSTANCE. THE BOARD MAY CHARGE ALL COSTS INCURRED IN THE COURSE OF THE INVESTIGATION AND FORMAL HEARING TO THE LICENSEE IT FINDS is IN VIOLATION OF THIS CHAPTER. The board shall deposit, pursuant to sections 35-146 and 35-147, MONIES COLLECTED PURSUANT TO THIS SUBSECTION IN THE board of behavioral health examiners fund established by section 32-3254.

N. IF THE BOARD DURING THE COURSE OF ANY INVESTIGATION DETERMINES THAT A CRIMINAL VIOLATION MAY HAVE OCCURRED INVOLVING THE DELIVERY OF BEHAVIORAL HEALTH SERVICES, the board SHALL MAKE THE EVIDENCE OF VIOLATIONS AVAILABLE TO THE APPROPRIATE CRIMINAL JUSTICE AGENCY FOR ITS CONSIDERATION.

O. THE BOARD SHALL DEPOSIT, pursuant to sections 35-146 AND 35-147, ALL MONIES COLLECTED FROM CIVIL PENALTIES PAID PURSUANT TO THIS CHAPTER IN THE STATE GENERAL FUND.

P. NOTICE OF A COMPLAINT AND HEARING IS EFFECTIVE BY A TRUE COPY OF the notice BEING SENT BY CERTIFIED MAIL TO THE LICENSEE’S LAST KNOWN ADDRESS OF RECORD IN THE BOARD’S FILES. NOTICE OF THE COMPLAINT AND HEARING IS COMPLETE ON THE DATE OF ITS DEPOSIT IN THE MAIL.

Q. IN DETERMINING THE APPROPRIATE DISCIPLINARY ACTION UNDER THIS SECTION, THE BOARD SHALL CONSIDER ALL PREVIOUS NONDISCIPLINARY AND DISCIPLINARY ACTIONS AGAINST A LICENSEE.

R. THE BOARD MAY DEFER ACTION WITH REGARD TO AN IMPAIRED LICENSEE WHO VOLUNTARILY SIGNS AN AGREEMENT, IN A FORM SATISFACTORY TO THE BOARD, AGREEING TO PRACTICE RESTRICTIONS AND TREATMENT AND MONITORING PROGRAMS DEEMED NECESSARY BY THE BOARD TO PROTECT THE public HEALTH AND SAFETY. A LICENSEE WHO IS IMPAIRED AND WHO DOES NOT AGREE TO ENTER INTO AN AGREEMENT WITH THE BOARD IS SUBJECT TO OTHER ACTION AS PROVIDED PURSUANT TO THIS CHAPTER.

S. SUBJECT TO AN ORDER DULY ENTERED BY THE BOARD, A PERSON WHOSE LICENSE TO PRACTICE BEHAVIORAL HEALTH has BEEN SUSPENDED OR RESTRICTED PURSUANT TO THIS CHAPTER, WHETHER VOLUNTARILY OR BY ACTION OF THE BOARD, MAY AT REASONABLE INTERVALS APPLY TO THE BOARD FOR REINSTATEMENT OF THE LICENSE. THE PERSON SHALL SUBMIT THE APPLICATION IN WRITING AND IN THE FORM PRESCRIBED BY THE BOARD. AFTER CONDUCTING AN INVESTIGATION AND HEARING, THE BOARD MAY GRANT OR DENY THE APPLICATION OR MODIFY the ORIGINAL FINDING TO REFLECT ANY CIRCUMSTANCES THAT HAVE CHANGED SUFFICIENTLY TO WARRANT MODIFICATION. THE BOARD MAY REQUIRE THE APPLICANT TO PASS AN EXAMINATION, COMPLETE BOARD IMPOSED CONTINUING EDUCATION REQUIREMENTS OR ANY OTHER SANCTIONS the board DEEMS APPROPRIATE FOR REENTRY INTO THE PRACTICE OF BEHAVIORAL HEALTH.

T. A PERSON WHOSE LICENSE IS REVOKED, SUSPENDED OR NOT RENEWED must RETURN THE LICENSE TO THE OFFICES OF THE BOARD WITHIN TEN DAYS AFTER NOTICE OF THAT ACTION.

U. the board may enforce a civil penalty imposed pursuant to this section in the superior court in maricopa county. END_STATUTE

Sec. 18. Section 32-3282, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3282. Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel

A. In connection with an investigation by a credentialing committee on its own motion, the INFORMATION RECEIVED PURSUANT TO SECTION 32-3281, subsection A, the board or a credentialing committee or its the board's or committee's authorized agents or employees at all reasonable times shall have access to, for the purpose of examination, and the right to copy any PSYCHOTHERAPY notes, documents, reports, records or any other physical evidence of any person being investigated, or the reports, records and any other documents maintained by and in possession of any hospital, clinic, physician's office, laboratory, pharmacy or health care institution as defined in section 36-401 or any other public or private agency, if the PSYCHOTHERAPY notes, documents, reports, records or evidence relate to the unauthorized practice of behavioral health or to the competence, unprofessional practice conduct or mental or physical ability of a certified behavioral health professional licensee to safely practice.

B. For the purpose of all investigations and proceedings conducted by a credentialing committee:

1. The board or a credentialing committee on its own initiative or on application of any person involved in the investigation may issue subpoenas compelling the attendance and testimony of witnesses or demanding the production for examination or copying of documents or any other physical evidence if the evidence relates to the unauthorized practice of behavioral health or to the competence, unprofessional practice conduct or mental or physical ability of a certified behavioral health professional LICENSEE to safely practice. Within five days after the service of a subpoena on any person requiring the production of any evidence in his that person's possession or under his that person's control, the person may petition the board or the credentialing committee to revoke, limit or modify the subpoena. The board or the credentialing committee shall revoke, limit or modify a subpoena if in its opinion the evidence required does not relate to unlawful practices covered by this chapter or is not relevant to the charge which that is the subject matter of the hearing or investigation or the subpoena does not describe with sufficient particularity the physical evidence required to be produced. any MEMBER of the board or a credentialing committee and any agent designated by the board may administer oaths, examine witnesses and receive evidence.

2. Any person appearing before the board or a credentialing committee may be represented by counsel.

3. The superior court, on application by the board or a credentialing committee or by the person subpoenaed, has jurisdiction to issue an order either:

(a) Requiring the person to appear before the board or a credentialing committee or the authorized agent to produce evidence relating to the matter under investigation.

(b) Revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to unlawful practices covered by this chapter or is not relevant to grounds for disciplinary action which that are the subject matter of the hearing or investigation or the subpoena does not describe with sufficient particularity the physical evidence required to be produced. Any failure to obey an order of the court may be punished by the court as contempt.

C. Records, including clinical records, reports, files or other reports or oral statements relating to examinations, findings or treatments of clients, any information from which a client or his the client's family might be identified or information received and records kept by the board or a credentialing committee as a result of the investigation procedure prescribed by this chapter are not available to the public.

D. Nothing in This section or and any other provision of law making that makes communications between a certified behavioral health professional licensee and his the licensee's client a privileged communication applies does not apply to investigations or proceedings conducted pursuant to this chapter. The board and a credentialing committee and its the board's and committee's employees, agents and representatives shall keep in confidence the names of any clients whose records are reviewed during the course of investigations and proceedings pursuant to this chapter. END_STATUTE

Sec. 19. Section 32-3283, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3283. Privileged communications; clients with legal guardians; treatment decisions

A. In any legal action a certified behavioral health professional licensee shall not, without the consent of his the licensee's client, be examined as to any communication made by the client to him the licensee or as to any such knowledge obtained with respect to personnel dealing with the client. Unless the client has waived the behavioral health professional‑client privilege in writing or in court testimony, a behavioral health professional shall licensee is not be required to divulge, nor and shall he not voluntarily divulge, information which he that the licensee received by reason of the confidential nature of his the licensee's practice as a behavioral health professional except that he the LICENSEE shall divulge to the board any information it subpoenas in connection with an investigation, public hearing or other proceeding. The behavioral health professional-client privilege shall does not extend to cases in which the behavioral health professional licensee has a:

1. Duty to report nonaccidental injuries and physical neglect of minors as required by section 13-3620.

2. duty to report unprofessional conduct by another licensee pursuant to this chapter.

3. duty to inform Victims and appropriate authorities that a client's condition indicates a clear and imminent danger to the client or others pursuant to this chapter.

b. A client's legal guardian may make TREATMENT decisions on behalf of the client, except that the client receiving services is the decision maker for issues:

1. that directly affect the client's physical or emotional safety, such as sexual or other exploitative relationships.

2. that the guardian agrees to specifically reserve to the client.

3. where the right to seek behavioral health services without parental or guardian consent is established by state or federal law. END_STATUTE

Sec. 20. Section 32-3284, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3284. Cease and desist orders; injunctions

a. The board or a credentialing committee may issue a cease and desist order or request that an injunction be issued by the superior court against a person who is not certified pursuant to this chapter and represents himself as a certified behavioral health professional or who continues to represent himself as a certified behavioral health professional while his certificate is expired, suspended or revoked to STOP a person from engaging in the unauthorized practice of behavioral health or from violating or threatening to violate a statute, rule or order that the board has issued or is EMPOWERED to enforce. If the board seeks an injunction to stop the unauthorized practice of behavioral health, it is sufficient to charge that the respondent on a day certain in a named county engaged in the practice of behavioral health without a license and without being exempt from the licensure requirements of this chapter. IT IS NOT NECESSARY TO SHOW SPECIFIC DAMAGES OR INJURY. THE CEASE AND DESIST ORDER MUST STATE THE REASON FOR ITS ISSUANCE AND GIVE NOTICE OF THE PERSON’S RIGHT TO REQUEST A HEARING UNDER APPLICABLE PROCEDURES prescribed IN title 41, chapter 6, article 10.

B. VIOLATION OF AN INJUNCTION SHALL BE PUNISHED AS FOR CONTEMPT OF COURT. END_STATUTE

Sec. 21. Section 32-3286, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3286. Unlawful practice; unlawful use of title; violation; classification; civil penalty; exception

A. A person who is not certified pursuant to this chapter and represents himself as a certified behavioral health professional or who continues to represent himself as a certified behavioral health professional while his certificate is expired, suspended or revoked or who while certified violates this chapter, rules adopted pursuant to this chapter or a lawful order of the board or a credentialing committee is guilty of a class 2 misdemeanor.

A. Except as prescribed in section 32-3271, a person not licensed pursuant to this chapter shall not engage in the practice of behavioral health.

B. A person not licensed pursuant to this chapter shall not use any of the following designations or any other designation that indicates licensure STATUS, including abbreviations, or claim to be licensed pursuant to this chapter:

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.

10. LICENSED SUBSTANCE ABUSE TECHNICIAN.

C. a person who violates this chapter or board rules by engaging in the unlicensed practice of behavioral health or claiming to be licensed pursuant to this chapter is guilty of a class 2 misdemeanor and is subject to a civil penalty of not more than five hundred dollars for each offense.

B. d. Each day that a violation is committed constitutes a separate offense.

C. e. All fees received for services described in this section shall be refunded by the person found guilty pursuant to this section.

f. Notwithstanding subsection A of this section and based on circumstances presented to the board, the board may sanction a person's failure to timely renew a license while continuing to engage in the practice of behavioral health as an administrative violation rather than as a violation of this section or grounds for unprofessional conduct and may impose a civil penalty of not more than five hundred dollars. the board shall deposit, pursuant to sections 35-146 and 35-147, monies collected pursuant to this subsection in the state general fund. END_STATUTE

Sec. 22. Section 32-3291, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3291. Licensed baccalaureate social worker; licensure; qualifications

A. A person who desires wishes to be certified licensed by the board to engage in the practice of social work practice as a certified licensed baccalaureate social worker shall satisfy all of the following requirements:

1. Furnish evidence satisfactory to the social work credentialing committee that the person has earned a baccalaureate degree in social work from a regionally accredited college or university in a program accredited by the council on social work education or a degree from a foreign school based on a program of study which that the board determines is substantially equivalent.

2. Pass an examination approved by the social work credentialing committee.

3. Pay the prescribed fee.

B. A licensed baccalaureate social worker shall only engage in clinical practice under direct supervision as prescribed by the board.

C. A licensed baccalaureate social worker shall only engage in nonclinical practice under direct supervision as prescribed by the board unless the licensed baccalaureate social worker has obtained two years of supervised work experience acceptable to the board. END_STATUTE

Sec. 23. Section 32-3292, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3292. Licensed master social worker; licensure; qualifications

A. A person who desires wishes to be certified licensed by the board to engage in the practice of social work practice as a certified licensed master social worker shall satisfy all of the following requirements:

1. Furnish evidence satisfactory to the social work credentialing committee that the person has earned a master's or higher degree in social work from a regionally accredited college or university in a program accredited by the council on social work education or a degree from a foreign school based on a program of study which that the board determines is substantially equivalent.

2. Pass an examination approved by the social work credentialing committee.

3. Pay the prescribed fee.

B. A licensed master social worker shall only engage in clinical practice under direct supervision as prescribed by the board. END_STATUTE

Sec. 24. Section 32-3293, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3293. Licensed clinical social worker; licensure; qualifications

A. A person who desires wishes to be certified licensed by the board to engage in independent the practice of social work practice as a certified independent licensed clinical social worker shall satisfy all of the following requirements:

1. Furnish evidence satisfactory to the social work credentialing committee that the person has:

(a) Earned a master's or higher degree in social work from a regionally accredited college or university in a program accredited by the council on social work education or a degree from a foreign school based on a program of study which that the board determines is substantially equivalent.

(b) received at least two years of full-time or the equivalent part‑time post-master's degree experience under professional supervision satisfactory to the social work credentialing committee.

2. Pass an examination approved by the social work credentialing committee.

3. Pay the prescribed fee.

B. A certified independent social worker examination shall require demonstration of knowledge and skills in:

1. Psychotherapy, including diagnosis, evaluation and treatment methods.

2. Community services and social planning.

3. Research or administration.

C. A certified social worker shall be a certified independent social worker in order to practice social work independently. END_STATUTE

Sec. 25. Delayed repeal

Section 32-3294, Arizona Revised Statutes, is repealed from and after June 30, 2004.

Sec. 26. Section 32-3301, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3301. Licensed professional counselor; licensure; requirements

A. A person who desires wishes to be certified licensed by the board to engage in the practice of professional counseling as a certified licensed professional counselor shall satisfy all of the following requirements:

1. Meet the education requirements of subsection B and the work experience requirements of subsection C.

2. Pass an examination approved by the counseling credentialing committee.

3. Pay the prescribed fee.

B. An applicant for certification licensure shall furnish evidence satisfactory to the counseling credentialing committee that the person has received either of the following:

1. A master's degree or higher degree with a major emphasis in counseling from a regionally accredited college or university in a program of study that includes a minimum of forty-eight semester credit hours or the equivalent in a curriculum approved by the counseling credentialing committee. Beginning on January 1, 2008, the program of study must include a minimum of sixty semester credit hours or the equivalent in a curriculum approved by the counseling credentialing committee.

2. A master's degree or higher degree with a major emphasis in counseling from a program accredited by the council for the accreditation of counseling and related educational programs or the national council on rehabilitation education that includes a minimum of forty-eight credit hours or the equivalent. Beginning on January 1, 2008, the program must include a minimum of sixty semester credit hours.

C. An applicant for certification licensure shall furnish evidence satisfactory to the counseling credentialing committee that the applicant has received either of the following:

1. If the applicant is complying with the education requirements of subsection B, paragraph 1, at least two years of full-time or the equivalent part-time post-master's degree work experience in the practice of professional counseling, including at least one year under the supervision of a certified professional counselor or a person who satisfies the education and experience requirements for certification as a certified professional counselor approved by the credentialing committee. An applicant may use a doctoral-clinical internship to satisfy the requirement for one year of work experience under supervision.

2. If the applicant is complying with the education requirements of subsection B, paragraph 2, at least one year of full-time or the equivalent part-time post-master's degree work experience in the practice of professional counseling under the supervision of a certified professional counselor or a person who satisfies the education and work experience requirements for certification as a certified professional counselor. A doctoral-clinical internship does not satisfy the requirement for one year of work experience.

D. An applicant who is deficient in curricular areas or credit hours required pursuant to subsection B, paragraph 1 paragraph 1 or 2 may satisfy the curriculum and credit hours requirements of that paragraph those paragraphs by successfully completing post-master's degree course work.

E. An applicant who completed a degree before July 1, 1989 and whose course of study did not include a practicum may substitute a one year doctoral-clinical internship or an additional year of documented post‑master's degree work experience in order to satisfy the requirements of subsection B, paragraph 1. The credentialing committee may also waive the forty-eight semester credit hours or equivalent credit hours requirement of subsection B, paragraph 1. END_STATUTE

Sec. 27. Delayed repeal

Section 32-3302, Arizona Revised Statutes, is repealed from and after June 30, 2004.

Sec. 28. Section 32-3303, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3303. Licensed associate counselor; licensure; requirements; supervision

A. A person who desires wishes to be certified by the board licensed by the board to engage in the practice of professional counseling as a certified licensed associate counselor shall satisfy the requirements of section 32‑3301, subsection A, paragraphs 2 and 3 and subsections B, D and E and pass an examination approved by the counseling credentialing committee.

B. A certified licensed associate counselor shall not only practice unless under the direct supervision of a certified or licensed behavioral health professional as prescribed by the board. END_STATUTE

Sec. 29. Section 32-3311, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3311. Licensed marriage and family therapist; qualifications

A. A person who desires wishes to provide marriage and family therapy be licensed by the board to engage in the practice of marriage and family therapy as a certified licensed marriage and family therapist shall satisfy all of the following requirements:

1. furnish evidence satisfactory to the marriage and family therapy credentialing committee board that the person has:

(a) 1. Earned a master's or doctorate degree in behavioral science, including, but not limited to, marriage and family therapy, psychology, sociology, counseling and social work, granted by a regionally accredited college or university in a program accredited by the commission on accreditation for marriage and family therapy education or a degree based on a program of study which that the board determines is substantially equivalent.

(b) 2. Completed two years of full-time or the equivalent part-time post-master's degree experience in the provision practice of marriage and family therapy under supervision as approved by the marriage and family therapy credentialing committee including a minimum of one thousand hours of clinical experience with couples and families.

2. 3. Pass passed an examination approved by the marriage and family therapy credentialing committee.

3. Pay the prescribed fee.

B. The curriculum for the master's or doctorate degree in behavioral science accepted by the board pursuant to subsection A, paragraph 1, subdivision (a), shall include a specified number of graduate courses as approved by the marriage and family therapy credentialing committee and shall be consistent with national standards of marriage and family therapy. Part of this course of study may be taken in a post-master's degree program as approved by the marriage and family therapy credentialing committee.

C. The one thousand hours of clinical experience required by subsection A, paragraph 1, subdivision (b), 2 shall include a combination of two hundred hours of group or individual supervision in the provision practice of marriage and family therapy, a minimum of one hundred hours of which shall be individual supervision. The one thousand hours may include one year in an approved marriage and family internship program. END_STATUTE

Sec. 30. Delayed repeal

Section 32-3312, Arizona Revised Statutes, is repealed from and after June 30, 2004.

Sec. 31. Section 32-3313, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3313. Licensed associate marriage and family therapist; licensure; requirements; supervision

A. A person who desires wishes to be certified licensed by the board to engage in the practice of marriage and family therapy as an a licensed associate marriage and family therapist shall satisfy the requirements of section 32‑3311, subsection A, paragraph 1, subdivision (a), subsection A, paragraphs 2 and 1 and 3 and subsections subsection B and C.

B. A certified licensed associate marriage and family therapist shall not only practice unless under the direct supervision of a certified or licensed behavioral health professional as prescribed by the board. END_STATUTE

Sec. 32. Delayed repeal

Title 32, chapter 33, article 8, Arizona Revised Statutes, is repealed from and after June 30, 2004.

Sec. 33. Title 32, chapter 33, Arizona Revised Statutes, is amended by adding a new article 8, to read:

ARTICLE 8. SUBSTANCE ABUSE COUNSELING

START_STATUTE32-3321. Licensed substance abuse technician; associate substance abuse counselor; licensed independent substance abuse counselor; licensure; qualifications; supervision

A. A person who WISHES to be licensed by the board to engage in the practice of substance abuse counseling as a licensed substance abuse TECHNICIAN shall present evidence satisfactory to the board that the person has:

1. Received an associate of applied science degree in chemical dependency with an emphasis on counseling, as determined by the substance abuse credentialing committee, from a regionally ACCREDITED college or university.

2. Passed an examination approved by the substance abuse credentialing committee.

B. A licensed substance abuse technician shall only practice under direct supervision as prescribed by the board.

c. The board may waive the education requirement for an applicant requesting licensure as a substance abuse technician if the applicant provides services pursuant to contracts or grants with the federal government under the authority of P.L. 93-638, 25 United States Code Sections 450 through 450(n) or p.l. 94-437, 25 United States Code Sections 1601 through 1683. A person who becomes licensed as a substance abuse technician pursuant to this subsection shall only provide substance abuse services to those eligible for services pursuant to P.L. 93-638, 25 United States Code Sections 450 through 450(n) or P.L. 94-437, 25 United States Code Section 1601 through 1683.

D. A person who wishes to be licensed by the board to engage in the practice of substance abuse counseling as a licensed associate substance abuse counselor shall present evidence satisfactory to the board that the person has:

1. Received one of the following:

(a) A BACHELOR'S degree in a behavioral science with an emphasis on counseling, as determined by the substance ABUSE credentialing committee, from a regionally accredited college or university and present evidence satisfactory to that credentialing committee that the APPLICANT has received at least two years of work experience in substance abuse counseling under supervision approved by the substance abuse credentialing committee.

(b) A master's degree or a higher degree in a behavioral science with an emphasis on counseling, as determined by the substance abuse credentialing committee, from a regionally accredited college or university.

2. Passed an examination approved by the substance abuse credentialing committee.

E. A licensed associate substance abuse counselor shall only practice under direct supervision as prescribed by the board.

F. A person who wishes to be licensed by the board to engage in the practice of substance abuse counseling as a licensed independent substance abuse counselor shall:

1. Have received a master's degree or higher degree in a behavioral science with an emphasis on counseling, as determined by the substance abuse credentialing committee, from a regionally accredited college or university.

2. present evidence satisfactory to the substance abuse credentialing committee that the applicant has received at least two years of work EXPERIENCE in substance abuse counseling under supervision approved by that committee.

3. Pass an examination approved by the substance abuse credentialing committee. END_STATUTE

Sec. 34. Current certificate holders; transfer to licensure status

A. The board of behavioral health examiners shall reclassify each person who holds a valid certificate issued pursuant to title 32, chapter 33, Arizona Revised Statutes, before July 1, 2004 as follows:

1. Certified associate counselors as licensed associate counselors.

2. Certified professional counselors as licensed professional counselors.

3. Certified associate marriage and family therapists as licensed associate marriage and family therapists.

4. Certified marriage and family therapists as licensed marriage and family therapists.

5. Certified baccalaureate social workers as licensed baccalaureate social workers.

6. Certified master social workers as licensed master social workers.

7. Certified independent social workers as licensed clinical social workers.

8. Certified substance abuse counselors as licensed independent substance abuse counselors.

B. A license issued pursuant to this section has the same expiration date as the current certificate.

Sec. 35. Terms of board and credentialing committee members

Notwithstanding sections 32-3252 and 32-3261, Arizona Revised Statutes, as amended by this act, a person who is serving as a member of the board of behavioral health examiners or on a credentialing committee on July 1, 2004 is eligible to continue to serve until expiration of the person's current term of office.

Sec. 36. Current alcohol and drug abuse counselors

Beginning on the effective date of this act and ending on June 30, 2004, a person who holds an active certified alcohol and drug abuse counselor certification in good standing issued by the Arizona board for the certification of addiction counselors or an active addiction counselor II or addiction counselor III certification in good standing issued by the southwest Indian substance abuse counselor certification board is deemed to have met the education, work experience and examination requirements prescribed by the board of behavioral health examiners by rule for certification as a certified substance abuse counselor.

Sec. 37. Current level 1 alcohol and drug abuse counselors

Beginning on the effective date of this act and ending on June 30, 2004, a person who holds an active addiction counselor 1 certification in good standing issued by the Arizona board for the certification of addiction counselors or southwest Indian substance abuse counselor certification board is deemed to have met the education and examination requirements prescribed by the board of behavioral health examiners by rule for certification as a certified substance abuse counselor.

Sec. 38. Social workers, professional counselors, marriage and family therapists and substance abuse counselors; status

Beginning on the effective date of this act and ending on June 30, 2004, the board of behavioral health examiners shall waive the examination requirements of title 32, chapter 33, Arizona Revised Statutes, for an applicant requesting certification as a certified baccalaureate social worker, certified master social worker, certified independent social worker, certified associate counselor, certified professional counselor, certified associate marriage and family therapist, certified marriage and family therapist or certified substance abuse counselor if the applicant meets all of the following requirements:

1. Submits evidence satisfactory to the appropriate credentialing committee that the applicant meets all other certification requirements.

2. Has been actively engaged in the practice of the behavioral health profession for which the applicant is seeking certification and has work experience that includes two years of full-time or the equivalent part-time experience within a five year period immediately preceding the effective date of this act.

3. Has obtained all of the required work experience in Arizona.

4. Has received the degree required for the level of certification sought on or before June 30, 1998.

5. Pays the prescribed fee pursuant to title 32, chapter 33, Arizona Revised Statutes.

Sec. 39. Exemption from rule making

The board of behavioral health professionals is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after June 30, 2004.

Sec. 40. Effective date

A. Sections 13-1418, 28-3005, 28-3153, 28-3315, 32-3251, 32-3252, 32,3253, 32-3261, 32-3262, 32-3271, 32-3272, 32-3273, 32-3274, 32-3282, 32‑3283, 32‑3284, 32-3286, 32-3291, 32-3292, 32-3293, 32-3301, 32-3303, 32‑3311 and 32-3313, Arizona Revised Statutes, as amended by this act, and sections 32‑3275 through 32-3281 and 32-3321, Arizona Revised Statutes, as added by this act, are effective from and after June 30, 2004.

B. Section 10 of this act, relating to the heading change and section 34 of this act, relating to the transfer to licensure status of current certificate holders, are effective from and after June 30, 2004.