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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
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HB 2027: behavior analysts; regulatory board
Sponsor: Representative Bliss, LD 1
Committee on Health & Human Services
Overview
Transfers the existing licensure and regulation of behavior analysts from the Arizona Board of Psychologist Examiners to an independent licensing board for behavior analysts. Renames the Committee of Behavior Analysts, which is part of the Board of Psychologist Examiners, to the State Board of Behavior Analysts and raises the membership from 5 to 7 members. Establishes powers and duties of the State Board of Behavior Analysts and the State Board of Behavior Analysts Fund (Fund). Sets the sunset date for the State Board of Behavior Analysts to July 1, 2034 and contains an effective date of July 1, 2026.
History
The Arizona Board of Psychologist Examiners states its mission is "to protect the health, safety and welfare of Arizona citizens by licensing and regulating the professions of Psychology and Behavior Analysis." This 90/10 state agency licenses and regulates psychologists and behavior analysts. The 5-member Committee on Behavior Analysts (Committee) makes recommendations to the Board of Psychologist Examiners regarding licensing and regulation of its profession. This Committee may recommend regulatory changes to the Board of Psychologist Examiners after obtaining public input from other behavior analyst licensees (A.R.S. § 32-2091.15).
During the Forty-eighth Legislature, Second Regular Session (2008), HB2470 (Now: board of behavior analysts), passed both houses of the Legislature, but was vetoed by the Governor. The bill established the regulatory framework to license and regulate the behavior analyst profession, which consisted of approximately 32 applicants. As of 2024, there are approximately 1,000 active licensees. Applicants for an initial license or renewal may apply online by paying the nonrefundable license fee and submitting the application and supporting documents. The website permits license look-up and provides information pertaining to expired, inactive, closed, surrendered or probationary status.
Provisions
Membership and Qualifications of the State Board of Behavior Analysts
1. Establishes the State Board of Behavior Analysts and transfers all regulatory authority of behavior analysts from the State Board of Psychologist Examiners to the new board. (Sec. 1, 2)
2. Renames the 5-member Committee on Behavior Analysts that is within the Board of Psychologist Examiners to the State Board of Behavior Analysts. (Sec. 4)
3. Raises the membership of the State Board of Behavior Analysts (Board) from five to seven. (Sec. 4)
4. Outlines Board membership as follows:
a) five licensed behavior analysts in professional practice; and
b) two public members who are:
i. not eligible for licensure; and
ii. do not have a household member who is eligible for licensure. (Sec. 4)
5. Requires Board members to be appointed by the Governor and confirmed by the Senate. (Sec. 4)
6. Requires each Board member to be a citizen of the United States and an Arizona resident at the time of the appointment. (Sec. 4)
7. Prescribes the process to fill a vacancy on the Board. (Sec. 4)
8. Entitles Board members to receive compensation in the amount of $100 for each cumulative eight hours of actual service in the business of the Board. (Sec. 4)
9. Provides personal immunity from suits for Board members, employees and consultants when actions are in good faith and to further the purpose of the Board's duties. (Sec. 4)
Powers and Duties
10. Directs the Executive Director of the State Board of Psychologist Examiners to serve as the Executive Director of the Board. (Sec. 5)
11. Requires the Board of Behavior Analysts and the Board of Psychologist Examiners to jointly select the Executive Director. (Sec. 5)
12. Requires the Executive Director to hire staff to serve the Board and that compensation for all personnel be determined as prescribed by law. (Sec. 5)
13. Requires the Board to:
a) administer and enforce Board rules;
b) regulate discipline of licensees;
c) prescribe application content and deadlines for initial and renewal licenses;
d) keep record of all licensees, Board actions taken on all applicant's, licensees and the receipt and disbursal of monies;
e) adopt an official seal;
f) investigate violations of statute and Board rules;
g) employ an Executive Director who serves at the pleasure of the Board;
h) elect leadership annually from its membership to serve on behalf of the Board;
i) adopt pertinent rules for a code of ethics, telehealth and defining unprofessional conduct;
j) require applicants for initial licensure or renewal to have a fingerprint clearance card;
k) hire employees necessary to carry out the Board's responsibilities; and
l) accept, expend and account for gifts, grants, and various contributions from public and private sources, which the Board must deposit into special funds for the specified purposes and states these monies are exempt from lapsing. (Sec. 5)
14. Requires an applicant who is issued a fingerprint clearance card to submit it to the Board with the completed application. (Sec. 5)
15. Allows an applicant to request that the Board consider the application for licensure if an applicant applies for a fingerprint clearance card and is denied. (Sec. 5)
16. Allows the Board, in its discretion, to approve an application for licensure despite the denial of a valid fingerprint clearance card if it determines that the applicant's criminal history information does not alone disqualify the applicant from licensure. (Sec. 5)
17. Allows the Board or its Executive Director to:
a) take and hear evidence;
b) administer oaths and affirmations; and
c) compel by subpoena the attendance of witnesses and the production of books, papers, records and other information relating to the investigation or hearing. (Sec. 5)
18. Directs the Board to hold quarterly meetings at a time and place determined by the chairperson. (Sec. 5)
19. Requires the Board to hold special meetings the chairperson determines necessary to carry out the functions of the Board. (Sec. 5)
20. Authorizes the Board chairperson to establish:
a) committees of behavior analysts to act as consultants to the Board; and
b) committees from the Board membership necessary to carry out the Board's functions. (Sec. 5)
21. Stipulates that members of consultant committees are eligible for reimbursement of expenses. (Sec. 5)
22. Specifies that a majority of members constitute a quorum, and a majority vote of a quorum present is necessary for the Board to take any action. (Sec. 5)
State Board of Behavior Analysts Fund
23. Establishes the State Board of Behavior Analysts Fund (Fund) consisting of collected fees and requires the Board to administer the Fund. (Sec. 5)
24. Requires the Board to deposit 90% of all monies collected in the Fund and the remaining 10% in the state General Fund. (Sec. 5)
25. Subjects monies deposited in the Fund to annual legislative appropriation. (Sec. 5)
26. Specifies the Board will establish fees for initial and renewal licenses but removes the temporary license fee. (Sec. 6)
Miscellaneous
27. Deletes the reference to the number of required hours for supervised experience for behavior analysts. (Sec. 9)
28. Removes the ability for the Board to issue temporary licenses to behavior analysts. (Sec. 11)
29. Removes the licensure exemption for a behavior analyst employed in a common school, high school or charter school setting and certified to use that title by the Arizona Department of Education, if the service or activities are part of the duties of that person's employment. (Sec. 13)
30. Prohibits the Board from considering a complaint for administrative action if the complaint is filed against a licensed behavior analyst who is a Board member, staff member, agent or consultant of the Board if the complaint relates to the person's performance of Board duties. (Sec. 14)
31. Allows the Board, if it finds that it can take rehabilitative or disciplinary action during the investigation or disciplinary process, to enter into a consent agreement with a behavior analyst to limit or restrict their practice or rehabilitate them to protect the public and ensure the behavior analyst's ability to safely engage in the practice of behavior analysis. (Sec. 14)
32. Allows the Board to require the behavior analyst to successfully complete a Board-approved rehabilitative, retraining or assessment program at the behavior analyst's expense. (Sec. 14)
33. Decreases, from 10 to 8, the Board of Psychologist Examiners. (Sec. 20)
34. Adds the Board to the list of health professional regulatory boards that require its members to complete the 12-hour government and administrative training within one year after being appointed to the board. (Sec. 27)
35. Terminates the Board on July 1, 2034. (Sec. 34)
36. Contains a purpose statement. (Sec. 35)
37. Outlines the transition of the Committee to the new Board. (Sec. 36, 37)
38. Contains an effective date of July 1, 2026. (Sec. 38)
39. Maintains the effective date that requires 15% of all fees and other revenues received by the Arizona Board of Psychologist Examiners to be deposited in the state General Fund and the remaining 85% to be deposited in the Board of Psychologist Examiners Fund until July 1, 2028. (Sec. 22, 23 and 38)
40. Strikes archaic and obsolete language. (Sec. 3, 4, 6, 8, 9, 11-14, 18, 19, 26, 28, 29)
41. Makes technical and conforming changes. (Sec. 2-3, 6-22, 24-33)
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45. HB 2027
46. Initials AG Page 0 Health & Human Services
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