House Engrossed behavior analysts; regulatory board State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2027 An Act amending sections 32-2062, 32-2063 and 32-2091.15, Arizona Revised Statutes; relating to behavior analysts. (TEXT OF BILL BEGINS ON NEXT PAGE)
House Engrossed behavior analysts; regulatory board
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE BILL 2027
House Engrossed
behavior analysts; regulatory board
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE BILL 2027
An Act
amending sections 32-2062, 32-2063 and 32-2091.15, Arizona Revised Statutes; relating to behavior analysts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-2062, Arizona Revised Statutes, is amended to read: START_STATUTE32-2062. Board; qualifications; appointments; terms; compensation; immunity A. The state board of psychologist examiners is established consisting of ten eight members who are appointed by the governor pursuant to section 38-211. B. Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment. Seven Five members shall be licensed pursuant to this chapter, and three shall be public members who are not eligible for licensure. The board shall have at all times, except for the period when a vacancy exists, at least two members who are licensed as psychologists and who are full-time faculty members from universities in this state with a doctoral program in psychology that meets the requirements of section 32-2071, and at least three members who are psychologists in professional practice and at least two members who are behavior analysts in professional practice and who are members of the committee on behavior analysts. The public members shall not have a substantial financial interest in the health care industry and shall not have a household member who is eligible for licensure under this chapter. C. Each member shall serve for a term of five years beginning and ending on the third Monday in January. D. A vacancy on the board occurring other than by the expiration of term shall be filled by appointment by the governor for the unexpired term as provided in subsection C of this section. The governor, after a hearing, may remove any member of the board for misconduct, incompetency or neglect of duty. E. Board members shall receive compensation in the amount of one hundred dollars $100 for each cumulative eight hours of actual service in the business of the board and reimbursement of all expenses pursuant to title 38, chapter 4, article 2. F. Members of the board and its employees, consultants and test examiners 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. 2. Section 32-2063, Arizona Revised Statutes, is amended to read: START_STATUTE32-2063. Powers and duties A. The board shall: 1. Administer and enforce this chapter and board rules. 2. Regulate disciplinary actions, the granting, denial, revocation, renewal and suspension of licenses and the rehabilitation of licensees pursuant to this chapter and board rules. 3. Prescribe the forms, content and manner of application for initial licensure, temporary licensure and renewal of licensure and set deadlines for the receipt of materials required by the board. 4. Keep a record of all licensees, board actions taken on all applicants and licensees and the receipt and disbursal of monies. 5. Adopt an official seal for attesting licenses and other official papers and documents. 6. Investigate charges of violations of this chapter and board rules and orders. 7. Subject to title 41, chapter 4, article 4, employ an executive director who serves at the pleasure of the board. 8. Annually elect from among its membership a chairman chairperson, a vice chairman chairperson and a secretary, who serve at the pleasure of the board. 9. Adopt rules pursuant to title 41, chapter 6 to carry out this chapter and to define unprofessional conduct. 10. Engage in a full exchange of information with other regulatory boards and psychological associations, national psychology organizations and the Arizona psychological association and its components. 11. By rule, adopt a code of ethics relating to the practice of psychology. The board shall base this code on the code of ethics adopted and published by the American psychological association. The board shall apply the code to all board enforcement policies and disciplinary case evaluations and development of licensing examinations. 12. Adopt rules regarding the use of telepractice. 13. Before the board takes action, receive and consider recommendations from the committee on behavior analysts on all matters relating to licensing and regulating behavior analysts, as well as regulatory changes pertaining to the practice of behavior analysis, except in the case of a summary suspension of a license pursuant to section 32-2091.09, subsection E. 14. 13. Beginning January 1, 2022, Require each applicant for an initial or temporary license or a license renewal pursuant to this chapter to have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. If an applicant is issued a valid fingerprint clearance card, the applicant shall submit the valid fingerprint clearance card to the board with the completed application. If an applicant applies for a fingerprint clearance card and is denied, the applicant may request that the board consider the application for licensure notwithstanding the absence of a valid fingerprint clearance card. The board, in its discretion, may approve an application for licensure despite the denial of a valid fingerprint clearance card if the board determines that the applicant's criminal history information on which the denial is based does not alone disqualify the applicant from licensure. 14. Delegate to the committee on behavior analysts the board's authority pursuant to sections 32-2091.06, 32-2091.07 and 32-2091.09 relating to licensing and regulating behavior analysts. The board shall adopt substantive policy statements pursuant to section 41-1091 for each specific licensing and regulatory authority the board delegates to the committee on behavior analysts. B. Subject to title 41, chapter 4, article 4, the board may employ personnel it deems necessary to carry out this chapter. The board, in investigating violations of this chapter, may employ investigators who may be psychologists. The board or its executive director may take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents and other information relating to the investigation or hearing. C. Subject to section 35-149, the board may accept, expend and account for gifts, grants, devises and other contributions, monies or property from any public or private source, including the federal government. The board shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this subsection in special funds for the purpose specified, and monies in these funds are exempt from the provisions of section 35-190 relating to lapsing of appropriations. D. Compensation for all personnel shall be determined pursuant to section 38-611. END_STATUTE Sec. 3. Section 32-2091.15, Arizona Revised Statutes, is amended to read: START_STATUTE32-2091.15. Committee on behavior analysts; membership; duties; board responsibilities A. The committee on behavior analysts is established within the state board of psychologist examiners consisting of five members who are appointed by the governor and who serve at the pleasure of the governor. Each member shall serve for a term of five years beginning and ending on the third Monday in January. A committee member may not serve more than two full consecutive terms. B. All members of the committee shall be licensed behavior analysts in professional practice, two of whom shall be members of the board. The committee shall annually elect a chairperson from among its membership. C. Within one year after their initial appointment to the committee, members shall receive at least five hours of training prescribed by the board that includes instruction in ethics and open meeting requirements. D. Committee members shall receive reimbursement of all expenses pursuant to title 38, chapter 4, article 2. E. The committee shall make recommendations to the board on all matters relating to the licensing and regulation of behavior analysts. The committee may recommend regulatory changes to the board that are not specific to an individual licensee, but the committee shall obtain public input from behavior analyst licensees or their designated representatives before making any final recommendation to the board. END_STATUTE Sec. 4. Effective date This act is effective from and after June 30, 2026.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2062, Arizona Revised Statutes, is amended to read:
START_STATUTE32-2062. Board; qualifications; appointments; terms; compensation; immunity
A. The state board of psychologist examiners is established consisting of ten eight members who are appointed by the governor pursuant to section 38-211.
B. Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment. Seven Five members shall be licensed pursuant to this chapter, and three shall be public members who are not eligible for licensure. The board shall have at all times, except for the period when a vacancy exists, at least two members who are licensed as psychologists and who are full-time faculty members from universities in this state with a doctoral program in psychology that meets the requirements of section 32-2071, and at least three members who are psychologists in professional practice and at least two members who are behavior analysts in professional practice and who are members of the committee on behavior analysts. The public members shall not have a substantial financial interest in the health care industry and shall not have a household member who is eligible for licensure under this chapter.
C. Each member shall serve for a term of five years beginning and ending on the third Monday in January.
D. A vacancy on the board occurring other than by the expiration of term shall be filled by appointment by the governor for the unexpired term as provided in subsection C of this section. The governor, after a hearing, may remove any member of the board for misconduct, incompetency or neglect of duty.
E. Board members shall receive compensation in the amount of one hundred dollars $100 for each cumulative eight hours of actual service in the business of the board and reimbursement of all expenses pursuant to title 38, chapter 4, article 2.
F. Members of the board and its employees, consultants and test examiners 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. 2. Section 32-2063, Arizona Revised Statutes, is amended to read:
START_STATUTE32-2063. Powers and duties
A. The board shall:
1. Administer and enforce this chapter and board rules.
2. Regulate disciplinary actions, the granting, denial, revocation, renewal and suspension of licenses and the rehabilitation of licensees pursuant to this chapter and board rules.
3. Prescribe the forms, content and manner of application for initial licensure, temporary licensure and renewal of licensure and set deadlines for the receipt of materials required by the board.
4. Keep a record of all licensees, board actions taken on all applicants and licensees and the receipt and disbursal of monies.
5. Adopt an official seal for attesting licenses and other official papers and documents.
6. Investigate charges of violations of this chapter and board rules and orders.
7. Subject to title 41, chapter 4, article 4, employ an executive director who serves at the pleasure of the board.
8. Annually elect from among its membership a chairman chairperson, a vice chairman chairperson and a secretary, who serve at the pleasure of the board.
9. Adopt rules pursuant to title 41, chapter 6 to carry out this chapter and to define unprofessional conduct.
10. Engage in a full exchange of information with other regulatory boards and psychological associations, national psychology organizations and the Arizona psychological association and its components.
11. By rule, adopt a code of ethics relating to the practice of psychology. The board shall base this code on the code of ethics adopted and published by the American psychological association. The board shall apply the code to all board enforcement policies and disciplinary case evaluations and development of licensing examinations.
12. Adopt rules regarding the use of telepractice.
13. Before the board takes action, receive and consider recommendations from the committee on behavior analysts on all matters relating to licensing and regulating behavior analysts, as well as regulatory changes pertaining to the practice of behavior analysis, except in the case of a summary suspension of a license pursuant to section 32-2091.09, subsection E.
14. 13. Beginning January 1, 2022, Require each applicant for an initial or temporary license or a license renewal pursuant to this chapter to have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. If an applicant is issued a valid fingerprint clearance card, the applicant shall submit the valid fingerprint clearance card to the board with the completed application. If an applicant applies for a fingerprint clearance card and is denied, the applicant may request that the board consider the application for licensure notwithstanding the absence of a valid fingerprint clearance card. The board, in its discretion, may approve an application for licensure despite the denial of a valid fingerprint clearance card if the board determines that the applicant's criminal history information on which the denial is based does not alone disqualify the applicant from licensure.
14. Delegate to the committee on behavior analysts the board's authority pursuant to sections 32-2091.06, 32-2091.07 and 32-2091.09 relating to licensing and regulating behavior analysts. The board shall adopt substantive policy statements pursuant to section 41-1091 for each specific licensing and regulatory authority the board delegates to the committee on behavior analysts.
B. Subject to title 41, chapter 4, article 4, the board may employ personnel it deems necessary to carry out this chapter. The board, in investigating violations of this chapter, may employ investigators who may be psychologists. The board or its executive director may take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents and other information relating to the investigation or hearing.
C. Subject to section 35-149, the board may accept, expend and account for gifts, grants, devises and other contributions, monies or property from any public or private source, including the federal government. The board shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this subsection in special funds for the purpose specified, and monies in these funds are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
D. Compensation for all personnel shall be determined pursuant to section 38-611. END_STATUTE
Sec. 3. Section 32-2091.15, Arizona Revised Statutes, is amended to read:
START_STATUTE32-2091.15. Committee on behavior analysts; membership; duties; board responsibilities
A. The committee on behavior analysts is established within the state board of psychologist examiners consisting of five members who are appointed by the governor and who serve at the pleasure of the governor. Each member shall serve for a term of five years beginning and ending on the third Monday in January. A committee member may not serve more than two full consecutive terms.
B. All members of the committee shall be licensed behavior analysts in professional practice, two of whom shall be members of the board. The committee shall annually elect a chairperson from among its membership.
C. Within one year after their initial appointment to the committee, members shall receive at least five hours of training prescribed by the board that includes instruction in ethics and open meeting requirements.
D. Committee members shall receive reimbursement of all expenses pursuant to title 38, chapter 4, article 2.
E. The committee shall make recommendations to the board on all matters relating to the licensing and regulation of behavior analysts. The committee may recommend regulatory changes to the board that are not specific to an individual licensee, but the committee shall obtain public input from behavior analyst licensees or their designated representatives before making any final recommendation to the board. END_STATUTE
Sec. 4. Effective date
This act is effective from and after June 30, 2026.