CARTER SUBSTITUTE FLOOR AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1374
I move the following SUBSTITUTE amendment to the HEALTH Committee amendment to
SENATE BILL 1374 (Reference to Senate engrossed bill)
Page 1, lines 11 and 19, after "means" insert ", beginning November 1, 2015,"
Line 22, after "PERFORMED" strike remainder of line; strike line 23, insert
", including case consultation and receipt of clinical supervision. Indirect client service does not include the provision of psychoeducation."
Page 2, line 33, after "development" insert a period strike remainder of line; strike line 34
Page 7, strike lines 37 through 42
Renumber to conform
Page 8, line 23, strike "provided" insert "if"
Line 29, strike "or" insert "and"
After line 31, insert:
"17. Recognize not more than four hundred hours of psychoeducation for work experience required pursuant to sections 32-3293, 32-3301, 32-3311 and 32-3321."
Strike lines 36 through 38, insert:
"C. The board may enter into stipulated agreements with a licensee for the confidential treatment, rehabilitation and monitoring of chemical dependency or medical, psychiatric, psychological or behavioral health disorders in a program provided pursuant to subsection D of this section. A licensee who materially fails to comply with a program shall be terminated from the confidential program. Any records of the licensee who is terminated from a confidential program are no longer confidential or exempt from the public records law, notwithstanding any law to the contrary. Stipulated agreements are not public records if the following conditions are met:
1. The licensee voluntarily agrees to participate in the confidential program.
2. The licensee complies with all treatment requirements or recommendations including participation in approved programs.
3. The licensee refrains from professional practice until the return to practice has been approved by the treatment program and the board.
4. The licensee complies with all monitoring requirements of the stipulated agreement, including random bodily fluid testing.
5. The licensee’s professional employer is notified of the licensee’s chemical dependency or medical, psychiatric, psychological or behavioral health disorders and participation in the confidential program and is provided a copy of the stipulated agreement."
Page 9, lines 10 and 11, strike "; confidential treatment, rehabilitation and monitoring agreements"
Strike lines 19 through 45, insert:
"2. Subject to Title 41, chapter 4, article 4, employ personnel as the executive director deems necessary, including professional consultants and agents necessary to conduct investigations. An investigator must complete a nationally recognized investigator training program within one year after the date of hire. Until the investigator completes this training program, the INVESTIGATOR must work under the supervision of an investigator who has completed a training program."
Page 10, strike lines 1 and 2
Line 34, strike "has" insert "have"
Page 12, line 39, after "discipline" insert "and verification of licensure or certification from every state in which the person is licensed or certified for the particular health profession for which the person applies"
Page 13, line 35, after "chapter" insert a period strike remainder of line; strike line 36
Line 38, strike "in" insert "by this state or"; after "any" insert "other"
Line 39, strike "in another" insert "any other"
Line 40, after the period strike remainder of line; strike lines 41 through 45
Page 14, line 1, after "a" insert "professional"; after "in" insert "this state or"
Strike lines 4 through 8
Line 9, after "before" insert "the board or"
Line 11, strike "complaints" insert "complaint"
Line 12, strike "allegations" insert "allegation"; strike "investigations" insert "investigation"
Strike lines 15 through 23, insert:
"B. If the board finds that an applicant is subject to subsection a, paragraphs 5 through 8 of this section, the board may determine to its satisfaction that the conduct or condition has been corrected, monitored and resolved and may issue a license. If the conduct or condition has not been resolved, the board may determine to its satisfaction that mitigating circumstances exist that prevent its resolution and may issue a license.
C. If an applicant has a deficiency pursuant to subsection a of this section, the board shall notify the applicant of the deficiency and the time when the board will review the application at a public meeting. This meeting must take place within thirty-five days after the notification. At the time of the meeting, the applicant may provide in person, by counsel or in written form information and evidence related to any deficiency, including information related to whether the conduct that was the basis for an action pursuant to subsection A, paragraph 6, 7 or 8 of this section has been corrected, monitored and resolved or if mitigating circumstances exist that prevent its resolution. in a notice of denial the board shall provide notification of the right to a HEARING PURSUANT TO TITLE 41, CHAPTER 6, ARTICLE 10. IF THE APPLICANT DOES NOT PRESENT INFORMATION AT THE PUBLIC board MEETING, the APPLICANT may still seek all available ADMINISTRATIVE REMEDIES.
D. An applicant for licensure may withdraw the application unless the board has sent to the applicant notification that the board has initiated an investigation concerning professional misconduct. Following that notification the applicant may request that the board review the applicant's request to withdraw the application. In considering the request the board shall determine whether it is probable that the investigation would result in an adverse action against the applicant.
E. After a final board order of denial has been issued, the board shall report the denial if required by the health care quality IMPROVEMENT act of 1986 (42 United States code section 111.01). FOR THE PURPOSES OF THIS subSECTION and except as required by federal law, "FINAL BOARD ORDER" means:
1. FOR an APPLICANT WHO SEEKs A HEARING PURSUANT TO TITLE 41, CHAPTER 6 ARTICLE 10, WHEN A FINAL ADMINISTRATIVE DECISION HAS BEEN MADE.
2. FOR an APPLICANT WHO DOes NOT TIMELY FILE A NOTICE OF APPEAL, AFTER THE TIME FOR THE FILING EXPIRES PURSUANT TO SECTION 41-1092.03."
Page 20, line 11, after "make" insert "available to the licensee who is the subject of the investigation, or the licensee's designated representative, for inspection at the board's office"; after "file" strike remainder of line; strike line 12; line 13, strike "the investigation"
Page 22, line 33, strike "can" insert "may"; after the period insert "The board by rule may prescribe the number of hours required for functions related to direct client contact and indirect client service."
Page 23, line 42, after "subjects" insert "as prescribed by the board by rule"
Page 24, line 15, strike "can" insert "may"; after the period insert "The board by rule may prescribe the number of hours required for functions related to direct client contact and indirect client service."
Page 25, line 15, strike "can" insert "may"; after the period insert "The board by rule may prescribe the number of hours required for functions related to direct client contact and indirect client service."
Page 26, line 38, strike "can" insert "may"; after the period insert "The board by rule may prescribe the number of hours required for functions related to direct client contact and indirect client service."
Page 27, line 19, strike "can" insert "may"; after the period insert "The board by rule may prescribe the number of hours required for functions related to direct client contact and indirect client service."
Strike lines 35 through 44
Renumber to conform
Page 28, line 10, after the second comma strike remainder of line; strike lines 11 and 12, insert "and who is not"
Line 13, after the period insert "The director of the department of health services shall appoint this member.
4. A person who provides behavioral health services who is employed by a health care institution, as defined in section 36-401, Arizona Revised Statutes, and who is not licensed by the board of behavioral health examiners. The director of the department of health services shall appoint this member."
Renumber to conform
Page 28, line 17, strike "appointed by the board of behavioral health examiners"
Line 18, after the period insert "The board shall appoint this member."
Line 41, after "examiners" insert "and the department of health services"
Page 29, between lines 20 and 21, insert:
"Sec. 28. Quarterly progress reports on implementation; repeal
A. Beginning January 1, 2014, the board of behavioral health examiners shall provide the speaker of the house of representatives, the president of the senate, the members of the house and senate health committees or their successor committees and the auditor general's office with a quarterly progress report on the implementation of this act. The report shall include:
1. Information regarding difficulties and delays in implementing this act.
2. Information on problems with specific statutory provisions and recommendations for solutions.
3. The progress of the adoption of rules as required by this act.
B. The first report shall be provided on or before January 31, 2014 and quarterly thereafter.
C. This section is repealed from and after June 30, 2017."
Renumber to conform
Between lines 24 and 25, insert:
"A. Section 32-3252, Arizona Revised Statutes, as amended by this act, is effective from and after September 30, 2013."
Reletter to conform