Supp. 08-3

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 14 A.A.R. 3895, effective September 16, 2008 (Supp. 08-3).

ARTICLE 2. GENERAL PROVISIONS

R4-6-201. Board Meetings

A. The Board:

1. Shall meet at least annually in June.

2. May hold additional meetings:

a. As necessary to conduct the Board's business; and

b. If requested by the Chair, majority vote of the Board members, or upon written request from two Board members.

B. The Board may conduct official business only when a quorum is present.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-202. Board Elections

A. At the annual meeting in June, the Board shall elect, by a majority vote of the Board members present, a Chair and a Secretary/Treasurer.

B. A vacancy that occurs in either office shall be filled, by a majority vote of the Board members present, at the first Board meeting following the vacancy.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-203. Credentialing Committee Meetings

A. Each credentialing committee:

1. Shall meet at least annually in June.

2. May hold additional meetings:

a. As necessary to conduct the credentialing committee's business; and

b. If requested by the Chair of the credentialing committee, majority vote of the credentialing committee, or upon written request from two credentialing committee members.

B. A credentialing committee shall conduct official business only when a quorum is present.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-204. Credentialing Committee Elections

A. At the credentialing committee meeting in June of each year, the credentialing committee shall elect, by a majority vote of the credentialing committee members present, a Chair and Secretary.

B. A vacancy that occurs in either office shall be filled, by a majority vote of the credentialing committee members present, at the first credentialing committee meeting following the vacancy.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-205. Change of Address

A licensee or applicant shall notify the agency in writing no later than 30 days after any change of the licensee's or applicant's residence or office mailing address or residence or office telephone number.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-206. Change of Name

A licensee or an applicant shall notify the agency in writing no later than 30 days after a name change, provide a copy of legal documentation establishing the name change, such as a marriage certificate, divorce decree, or court order and surrender any previous license issued by the Board to the licensee.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-207. Confidential Records

A. The following records are confidential and not open to public inspection:

1. Minutes of executive session;

2. Records classified as confidential by other laws, rules, or regulations;

3. College or university transcripts, licensure examination scores, medical or mental health information, and professional references of applicants except that the individual who is the subject of the information may view or copy the records or authorize a release of these records to a third party.

4. Records for which the Board or credentialing committee determines that public disclosure would have a significant adverse effect on the Board's or credentialing committee's ability to perform its duties or which would otherwise be detrimental to the best interests of the state. When the Board or credentialing committee determines that the reason justifying the confidentiality of the records no longer exists, the record shall be made available for public inspection and copying; and

5. All investigative materials regarding any pending or resolved complaint.

B. Persons wanting to inspect Board or credentialing committee records that are available for public inspection may do so at the agency Monday through Friday, 8:00 a.m. to 5:00 p.m., except holidays, after giving the agency reasonable notice in writing to prepare for the inspection.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-208. Conviction of a Felony or Prior Disciplinary Action

A. The Board shall consider the following factors to determine whether a felony conviction or prior disciplinary action will result in imposing disciplinary sanctions on a licensee or an applicant, including refusing to renew the license of a licensee or refusing to issue a license to an applicant:

1. The age of the licensee or applicant at the time of the felony conviction when the prior disciplinary action occurred;

2. The seriousness of the conviction or prior disciplinary action;

3. The factors underlying the conduct that led to conviction of the felony or imposition of disciplinary action;

4. The length of time since the felony conviction or prior disciplinary action;

5. The relationship between the practice of the profession and the conduct giving rise to the felony conviction or prior disciplinary action;

6. The licensee's or applicant's efforts toward rehabilitation;

7. The assessments and recommendations of qualified professionals regarding the licensee's or applicant's rehabilitative efforts;

8. The licensee's or applicant's cooperation or non-cooperation with the Board's background investigation regarding the felony conviction or prior disciplinary action; and

9. Other factors the Board or credentialing committee deems relevant.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-209. Deadline Extensions

A. Deadlines established by date of service may be extended a maximum of two times by the chair of the Board or the chair of the credentialing committee if good cause is documented in a written request postmarked or received by the agency no later than the required deadline.

B. The Board shall consider the following to determine whether good cause has been established:

1. Illness or disability;

2. Military service; or

3. Any other circumstance beyond the control of the individual requesting a deadline extension.

C. The Board shall not grant an extension for renewal submission deadlines, late renewal submission deadlines or reassessment deadlines.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-210. Supervision Requirements - General

In addition to the specific supervision requirements contained in Articles 4, 5, 6, and 7:

1. An immediate family member or other individual whose objective assessment of the supervisee's performance may be limited by a relationship with the supervisee shall not provide direct or clinical supervision.

2. A supervisee may not acquire supervised work experience in a professional setting which the supervisee operates or manages or in which the supervisee has an ownership interest.

3. Supervised work experience acquired as an independent contractor must include the following:

a. The supervisee has entered into a written contract to provide services for a behavioral health entity;

b. The supervisee receives an appropriate level of direct supervision from the contracting behavioral health entity, as determined by the Board;

c. The supervisee is paid by the contracting behavioral health entity and receives no payment directly from clients;

d. The supervisee provides services to clients who are advised in writing that they are clients of the contracting behavioral health entity.

e. The written contract between the contracting behavioral health entity and the supervisee provides that the supervisee is required to comply with the contracting behavioral health entity's clinical policies and procedures, including its code of ethics and record-keeping procedures; and

f. The written contract between the contracting behavioral health entity and the supervisee provides that all client records belong to the contracting behavioral health entity and remain the contracting behavioral health entity's property at the termination of the contract between the contracting behavioral health entity and the supervisee.

4. Beginning on January 1, 2006, the Board shall not accept work experience acquired after December 31, 2005, by an unlicensed professional practicing under an exemption provided in A.R.S. § 32-3271.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 11 A.A.R. 2713, effective June 27, 2005 (Supp. 05-2).

R4-6-211. Direct Supervision Requirements

A. In addition to the specific supervision requirements contained in Articles 4, 5, 6, and 7:

1. A direct supervisor must be employed by the same entity as the supervisee.

2. An individual shall provide direct supervision to a maximum of 15 supervisees at the same time.

B. An applicant may submit a written request to the credentialing committee for an exemption from the requirement of subsection (A)(2). The credentialing committee shall review the exemption request and the direct supervisor's other job responsibilities to determine whether the direct supervisor can provide an appropriate level of direct supervision to more than 15 supervisees at the same time. The credentialing committee shall not grant an exemption request for more than 30 supervisees.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 11 A.A.R. 2713, effective June 27, 2005 (Supp. 05-2).

R4-6-212. Clinical Supervision Requirements

A. An individual shall provide clinical supervision to a maximum of 15 supervisees at the same time.

B. An applicant may submit a written request to the credentialing committee for an exemption from the requirement of subsection (A). The credentialing committee shall review the exemption request and the clinical supervisor's other job responsibilities to determine whether the clinical supervisor can provide an appropriate level of clinical supervision to more than 15 supervisees at the same time. The credentialing committee shall not grant an exemption request for more than 30 supervisees.

C. A clinical supervisor shall have experience, training, and competence adequate to perform and direct all services provided by the supervisee.

D. No more than 25 percent of the clinical supervision hours required for licensure as a professional counselor, marriage and family therapist, social worker, or substance abuse counselor may be acquired telephonically.

E. Clinical supervision acquired telephonically shall not be accepted for a communication lasting less than 30 minutes.

F. To be approved by the Board, clinical supervision of an applicant shall include all of the following:

1. A review of ethical and legal requirements applicable to the supervisee's practice, including unprofessional conduct as defined in A.R.S. § 32-3251(12);

2. Monitoring of the supervisee's activities to verify the supervisee is providing services safely and competently;

3. Verification that the supervisee provides clients with appropriate written notice of clinical supervision, including the name and telephone number of the supervisee's clinical supervisor;

4. Documentation written and maintained by the clinical supervisor for a minimum of seven years of all clinical supervision sessions that, for each clinical supervision session, at a minimum, includes the following:

a. The date and duration of each clinical supervision session;

b. A comprehensive clinical description of topics discussed during each clinical supervision session. Identifying information regarding clients is not required;

c. Beginning on July 1, 2006, the name and signature of the individual receiving clinical supervision;

d. The name, signature, and telephone number of the clinical supervisor and the date signed; and

e. Whether clinical supervision occurred on a group or individual basis;

5. Verification that no conflict of interest exists between the clinical supervisor and the supervisee;

6. Verification that no conflict of interest exists between the supervisee and the supervisee's clients; and

7. Monitoring of the supervisee's clinical documentation through on-going compliance review to ensure that the supervisee maintains adequate written documentation.

G. Effective July 1, 2006, an applicant must receive a minimum of 10 hours of clinical supervision obtained during direct observation or a review of audiotapes or videotapes by the clinical supervisor of the applicant while the applicant is providing treatment and evaluation services to a client.

H. An applicant may submit clinical supervision hours from a maximum of four clinical supervisors.

I. Clinical supervision may include both individual and group supervision. Group clinical supervision hours shall not exceed individual supervision hours.

J. Clinical supervision of a supervisee for licensure as a marriage and family therapist, professional counselor, clinical social worker, or independent substance abuse counselor. Beginning on July 1, 2006, a licensee acting as a clinical supervisor shall complete continuing education as follows:

1. Between July 1, 2004, and the individual's first license expiration date following July 1, 2006, at least 12 clock hours shall be taken in the following categories:

a. The role and responsibility of a clinical supervisor;

b. The skill sets necessary to provide oversight and guidance to a supervisee who diagnoses, creates treatment plans, and treats clients;

c. The concepts of supervision methods and techniques; and

d. Evaluation of a supervisee's ability to plan and implement clinical assessment and treatment processes; and

2. A licensee who seeks to continue providing clinical supervision after completion of the requirements under subsection (J)(1) shall complete at least six clock hours of continuing education as provided in subsections (J)(1)(a) through (d) between the date the Board receives the licensee's last renewal application and the next license expiration date.

K. Clinical supervision by a licensee of the Arizona Board of Psychologist Examiners, the Arizona Medical Board, the Arizona Board of Osteopathic Examiners in Medicine and Surgery, or the Arizona Board of Nursing. Beginning on July 1, 2006, a clinical supervisor of a supervisee listed in subsection (J) shall comply with the continuing education requirements under subsections (J)(1) and (2).

L. Clinical supervision training required pursuant to subsections (J) and (K) shall be waived if the clinical supervisor holds any of the following certifications or designations if the certification or designation is current as of the clinical supervisor's license renewal date:

1. National Board for Certified Counselors/Center for Credentialing and Education ("NBCC/CCE") Approved Clinical Supervisor certification,

2. International Certification and Reciprocity Consortium ("ICRC") Clinical Supervisor certification, or

3. American Association of Marriage and Family Therapists Clinical Member with Approved Supervisor designation.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 11 A.A.R. 2713, effective June 27, 2005 (Supp. 05-2).

R4-6-213. Fees

A. The Board shall establish at its June meeting nonrefundable fees for:

1. Application for a regular license,

2. Application for a reciprocal license,

3. Application for a temporary license,

4. Fingerprint background check,

5. Biennial renewal,

6. Duplicate license,

7. Late renewal,

8. Inactive status request,

9. Late inactive status request,

10. Reassessment of eligibility,

11. General copying of records,

12. Commercial copying of records,

13. Public records requests,

14. Copying audiotapes,

15. Verification of licensure,

16. Copies of the Board's rules and statutes,

17. Directory of licensees, and

18. Returned checks.

B. The Board shall accept payment of fees as follows:

1. For an amount of $40 or less, a personal or business check;

2. For a fingerprint background check, a personal or business check; and

3. For all other fees, a certified check, cashier's check, or money order.

C. The agency shall make the current fee schedule available to the public.

D. Fees for required examinations are set by contract between the Board and the organizations administering the approved examinations.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 14 A.A.R. 3895, effective September 16, 2008 (Supp. 08-3).

R4-6-214. Foreign Equivalency Determination

The Board shall accept foreign degrees that meet the educational standards required in this Chapter for professional counseling, marriage and family therapy and substance abuse counseling licensure. To enable the Board to determine whether a foreign degree meets the educational standards required in this Chapter, the applicant shall, at the applicant's expense, have the foreign degree evaluated by an entity approved by the Board.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

ARTICLE 3. LICENSURE

R4-6-301. Application for a Regular License

An applicant for a regular license shall submit a completed application packet that contains the following:

1. A notarized statement, signed by the applicant, stating that all information submitted in support of the application is true and correct;

2. The license fee required under R4-6-213;

3. The applicant's name, date of birth, social security number, residence and business address, and residence and business telephone number;

4. Each name or alias previously or currently used by the applicant;

5. The name of each college or university the applicant attended;

6. A completed and legible fingerprint card for a state and federal criminal history records check and a certified check, cashier's check, or money order in the amount prescribed under R4-6-213(A)(4) as authorized at A.R.S. § 32-3280(A), if the applicant has not previously submitted a full set of fingerprints to the Board or verification that the applicant holds a current fingerprint card issued by the Department of Public Safety;

7. An official transcript or education documentation acceptable to the credentialing committee; and

8. Other documents or information requested by the credentialing committee to determine the applicant's eligibility.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 11 A.A.R. 2713, effective June 27, 2005 (Supp. 05-2).

R4-6-302. Licensing Time-frames

A. The overall time-frames described in A.R.S. § 41-1072(1) for each type of approval granted by the Board is listed in Table 1. The person applying for a license and the credentialing committee may agree in writing to extend the substantive review time-frame and the overall time-frame. The substantive review time-frame and the overall time-frame may not be extended by more than 25 percent of the overall time-fame.

B. The administrative completeness review time-frame described in A.R.S. § 41-1072(1) begins when the Board receives an application.

1. If the application packet is not complete, the Board shall send to the applicant a written notice specifying the missing document or incomplete information. The administrative completeness review time-frame and the overall time-frame are suspended from the date of service of the notice until the date the Board receives a complete application packet from the applicant.

2. If an application is complete, the Board shall send a written notice of administrative completeness to the applicant.

C. An applicant shall submit all of the deficient information within 60 days of the date of service of the deficiency notice.

1. If an applicant cannot submit all deficient information within 60 days of the date of service of the deficiency notice, the applicant may obtain an extension by submitting a written request to the agency postmarked or delivered no later than 60 days from the date of service of the deficiency notice.

2. The written request for an extension shall document the reasons the applicant is unable to meet the 60-day deadline.

3. The agency shall review the request for an extension of the 60-day deadline and grant the request if the agency determines that an extension of the 60-day deadline will enable the applicant to assemble and submit the deficient information. An extension of the 60-day deadline shall be for no more than 60 days. An applicant who requires an additional extension shall submit an additional written request in accordance with this subsection. The agency shall notify the applicant in writing of its decision to grant or deny the request for an extension.

4. If an applicant fails to submit all of the deficient information within the required time, the agency shall close the applicant's file with no recourse to appeal. To receive further consideration for licensure, the applicant shall submit a new application and fee.

D. The substantive review time-frame described in A.R.S. § 41-1072(1) begins on the date of service of the notice of administrative completeness.

1. If the credentialing committee finds an applicant is ineligible for licensure, the credentialing committee shall recommend to the Board that the applicant be denied licensure.

2. If the credentialing committee finds an applicant is eligible for licensure, the credentialing committee shall recommend to the Board that the applicant be licensed.

3. Upon receipt of the credentialing committee's recommendation, the Board shall either:

a. Send a written notice of approval to an applicant who meets the qualifications and requirements in A.R.S. Title 32, Chapter 33 and this Chapter; or

b. Send a written notice of denial to an applicant who fails to meet the qualifications and requirements in A.R.S. Title 32, Chapter 33 and this Chapter.

4. If the credentialing committee finds deficiencies during the substantive review of the application, the credentialing committee shall provide a written list of the deficiencies to the applicant. The substantive review time-frame is suspended from the date the deficiency notice is served until the applicant provides the agency with all deficient information.

5. An applicant shall submit all of the deficient information within 60 days of the date of service of the deficiency notice.

6. If the credentialing committee determines the applicant has not taken and passed the required licensure examination, the deficiency notice shall include the approval for and requirement that the applicant take and pass an approved licensure examination.

7. If an applicant fails to submit all of the deficient information within the required time, the agency shall close the applicant's file with no recourse to appeal. To receive further consideration for licensure, the applicant shall submit a new application and fee.

E. If a time-frame's last day falls on a Saturday, Sunday, or an official state holiday, the Board considers the next business day the time-frame's last day.

 

Table 1. Time-frames (in Days)

Type of Approval	Statutory Authority	Overall Time-frame	Administrative Completeness Time-frame	Substantive Review Time-frame
Regular License	A.R.S. § 32-3253 A.R.S. § 32-3275	270	90	180
Temporary License	A.R.S. § 32-3253 A.R.S. § 32-3279	90	30	60
Reciprocal License	A.R.S. § 32-3253 A.R.S. § 32-3274	270	90	180
License Renewal	A.R.S. § 32-3253 A.R.S. § 32-3273	270	90	180

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 14 A.A.R. 2714, effective June 6, 2008 (Supp. 08-2).

R4-6-303. Reassessment

A. An applicant who is found ineligible may submit to the agency a written request for reassessment of the application within 12 months of the date of service of the notice of ineligibility.

B. The credentialing committee shall review a request for reassessment to determine if the applicant has established the following:

1. There has been a statutory or rule change that enables the previously ineligible applicant to meet the requirements for licensure; or

2. The applicant was initially determined ineligible because of deficiencies in supervised work experience, supervision, or curriculum and has removed all deficiencies.

C. An applicant requesting a reassessment shall use a form provided by the agency and submit the proper fee with the reassessment form.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-304. Application for a Reciprocal License

A. An applicant for a reciprocal license shall submit a completed application packet that includes the following:

1. A notarized statement, signed by the applicant, stating that all information submitted in support of the application is true and correct;

2. The license fee required under R4-6-213;

3. The applicant's name, date of birth, social security number, residence and business address, and residence and business telephone number;

4. Each name or alias previously or currently used by the applicant;

5. A completed and legible fingerprint card for a state and federal criminal history records check, and a certified check, cashier's check, or money order in the amount prescribed under R4-6-213(A)(4) as authorized at A.R.S. § 32-3280(A), if the applicant has not previously submitted a full set of fingerprints to the Board, or verification that the applicant holds a current fingerprint card issued by the Department of Public Safety;

6. The name of the state where the applicant was certified or licensed by a state regulatory entity continuously for five years immediately before the date of the applicant's submission of the reciprocal license application;

7. A verification of the certificate or license identified in subsection (A)(6) by the state regulatory entity issuing the certification or license that at a minimum includes the following:

a. The certificate or license number issued to the applicant by the state regulatory entity;

b. Whether the state regulatory entity has instituted disciplinary proceedings against the applicant or has unresolved complaints pending against the applicant;

c. Whether the certificate or license is in good standing; and

d. Whether the state required that the applicant meet minimum education, work experience, and clinical supervision requirements at the time the applicant was certified or licensed and that the applicant met each requirement necessary for the level of certification or licensure approved;

8. Verification of the work experience required under subsection (B)(3); and

9. Other documents or information requested by the credentialing committee to determine the applicant's eligibility.

B. An applicant is eligible for a reciprocal license if the applicant meets the following requirements:

1. The applicant is currently licensed or certified in another state by a state regulatory entity in the discipline and at the level for which the applicant is requesting licensure in Arizona for at least the five years immediately preceding the date of the applicant's submission of a reciprocal license application and the license or certification is in effect and in good standing;

2. The applicant passed the examination required pursuant to Articles 4, 5, 6, or 7 for the discipline and level license sought by the applicant;

3. Prior to applying for a reciprocal license in Arizona, an applicant was engaged in the practice of behavioral health in the state issuing the license used by the applicant to qualify for a reciprocal license for a minimum of 6,000 hours during the five years immediately preceding the date of the applicant's submission of a reciprocal license application;

4. The applicant is not the subject of a pending complaint before the Board or any other state behavioral health regulatory entity and has not had a license or certificate to practice a health care profession suspended or revoked by another state behavioral health regulatory entity; and

5. The applicant meets the eligibility requirements prescribed under A.R.S. § 32-3275.

C. A person issued a reciprocal license shall practice behavioral health only under the direct supervision of a licensee and shall not engage in independent practice.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 11 A.A.R. 2713, effective June 27, 2005 (Supp. 05-2). Amended by exempt rulemaking at 14 A.A.R. 2714, effective June 6, 2008 (Supp. 08-2).

R4-6-305. Inactive Status

A. A licensee seeking inactive status shall submit:

1. A written request to the credentialing committee before expiration of the current license, and

2. The inactive status fee.

B. A licensee seeking inactive status after the expiration date of a license but no longer than three months after the expiration date of a license shall submit:

1. A written request for inactive status to the credentialing committee,

2. The inactive status fee, and

3. The late inactive status fee.

C. The credentialing committee shall grant a request for inactive status upon receiving a written request for inactive status from a licensee.

D. The credentialing committee shall not grant a request to be placed on inactive status received more than three months after expiration of the current license.

E. Placement on inactive status for any time period shall not change a licensee's licensure expiration date.

F. To return to active status, a licensee on inactive status shall meet all renewal requirements, including the following:

1. Submitting the renewal fee,

2. Completion of 40 clock hours of continuing education activities during the 24 months before renewal of licensure; and

3. Submitting a completed renewal application.

G. Upon a showing of good cause, the credentialing committee shall grant a written request for modification or reduction of the continuing education requirement received from a licensee on inactive status.

H. The credentialing committee may, upon a written request filed before the expiration of the original 24 months of inactive status and for good cause, permit an already inactive license to remain on inactive status for one additional period not to exceed 24 months. To return to active status after being placed on a 24-month extension of inactive status, a licensee shall, in addition to the continuing education hours required under subsection (F)(2), complete 40 clock hours of continuing education during the additional 24-month extension.

I. A licensee on inactive status shall not engage in the practice of behavioral health.

J. To return to active practice, the licensee must establish the licensee's competence to practice safely and competently. When reviewing a licensee's request to return to active practice, the Board may order any type of mental or physical evaluation, at the licensee's expense, it deems necessary to determine the licensee's competence to practice safely and competently.

K. The Board may start or continue an investigation against a licensee regardless of whether the licensee seeks to obtain inactive status or is on inactive status.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 11 A.A.R. 2713, effective June 27, 2005 (Supp. 05-2).

R4-6-306. Application for a Temporary License

A. Subject to subsection (G), the Board may issue a temporary license to an applicant for a regular license if the applicant is currently licensed or certified by another state behavioral health regulatory entity.

B. Subject to subsection (G), the Board may issue a temporary license to an applicant for a regular license where the following conditions have been met:

1. The applicant submits an application for licensure within 12 months of graduation from the educational program submitted to meet licensure educational requirements;

2. The applicant has completed all the requirements to become licensed, as determined by the credentialing committee, other than passage of the required examination; and

3. The applicant has not previously taken the required examination.

C. A temporary license issued pursuant to subsection (B) to an applicant for counseling, marriage and family therapy, or substance abuse licensure shall expire 90 days after the next available examination date in Arizona.

D. A temporary license issued pursuant to subsection (B) to an applicant for social work licensure shall expire 120 days after issuance by the Board.

E. A temporary license issued to an applicant for counseling, marriage and family therapy, or substance abuse licensure shall be immediately revoked where the applicant fails to take the next available examination as notified by the Board or fails the required examination.

1. An applicant for counseling, marriage and family therapy, or substance abuse licensure who fails to take the next available examination as notified by the Board must provide written notice of the failure to the Board and return the temporary license to the Board within five days of the date of the examination.

2. An applicant for counseling, marriage and family therapy, or substance abuse licensure who takes and fails the examination must provide written notice of the failure to the Board and return the temporary license to the Board within five days of receiving notice of the failure.

F. A temporary license issued to an applicant for social work licensure shall be immediately revoked where the applicant fails to take the required examination within 120 days of receiving a temporary license or fails the required examination. An applicant for social work licensure who takes and fails the required examination must provide written notice of the failure to the Board and return the temporary license to the Board within five days of receiving notice of the failure.

G. The applicant is not the subject of a pending complaint before the Board or any other state behavioral health regulatory entity and has not had a license or certificate to practice a health care profession suspended or revoked by another state behavioral health regulatory entity.

H. An applicant who has a criminal history or history of disciplinary action by a state behavioral health regulatory entity is not eligible for a temporary license without prior Board approval.

I. An applicant who is issued a temporary license shall practice as a behavioral health professional only under direct supervision. The temporary license may contain restrictions as to time, place, and supervision that the Board deems appropriate. The temporary license shall expire one year after the date of issuance or sooner if specified by the Board.

J. No extensions are available for temporary licenses.

K. A temporary license is subject to disciplinary action by the Board pursuant to A.R.S. § 32-3281. A temporary license may also be summarily revoked without a hearing pursuant to A.R.S. § 32-3279(C)(4).

L. The Board's denial of a license application terminates a temporary license. An applicant must return the temporary license to the Board within five days of receiving notice of the denial of the applicant's license application from the Board.

M. An individual is not eligible for a temporary license if the Board has previously denied an application for a regular license, an application for a license by reciprocity, or an application for a temporary license for that individual.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 11 A.A.R. 2713, effective June 27, 2005 (Supp. 05-2).

R4-6-307. Application for a Regular License by the Holder of a Reciprocal License

A. A person holding a reciprocal license may apply for a regular license at the same level and in the same discipline if the person meets all of the following requirements:

1. After issuance of the reciprocal license, the applicant for a regular license shall complete a minimum of 1600 hours of supervised work experience in Arizona in the practice of behavioral health in no less than 12 months.

a. Supervised work experience in the practice of behavioral health is limited to the use of psychotherapy for the purpose of assessment, diagnosis and treatment of individuals, couples, families and groups.

b. The 1600 hours of supervised work experience in behavioral health shall include a minimum of 800 hours of direct client contact.

2. During the supervised work experience required in subsection (A)(1), an applicant for a regular license shall receive a minimum of 50 hours of clinical supervision in no less than 12 months.

3. During the supervised work experience required in subsection (A)(1), an applicant for a regular license shall demonstrate satisfactory performance in the following areas:

a. Assessment,

b. Diagnostics,

c. Individual and group psychotherapy,

d. Referrals,

e. Personal integrity,

f. Appropriate use of supervision,

g. Insight into client's problems,

h. Objectivity,

i. Ethics,

j. Concern for welfare of clients,

k. Responsibility,

l. Boundaries,

m. Recognition of own limits, and

n. Confidentiality by having the applicant's clinical supervisor submit a performance evaluation on forms available from the Agency.

o. The time span covered by the performance evaluation shall be the same as that for the supervised work experience required in subsection (A)(1).

B. An applicant for a regular license shall receive the clinical supervision required in subsection (A)(2) from any of the following behavioral health professionals licensed at the independent level in Arizona:

1. A licensed professional counselor,

2. A licensed clinical social worker,

3. A licensed marriage and family therapist,

4. A licensed psychologist, or

5. An allopathic or osteopathic medical doctor with a specialty in psychiatry.

C. An applicant for a regular license in substance abuse counseling shall receive the clinical supervision required in subsection (A)(2) from a professional listed in subsection (B) or from a licensed independent substance abuse counselor.

D. An applicant for a regular license shall submit a completed application packet that includes the following:

1. A notarized statement, signed by the applicant, stating that all information submitted in support of the application is true and correct;

2. The license fee required under R4-6-213;

3. The applicant's name, date of birth, Social Security number, residence and business address, and residence and business telephone number;

4. Each name or alias previously or currently used by the applicant;

5. Verification of the work experience required under subsection (A).

6. Other documents or information requested by the credentialing committee to determine the applicant's eligibility.

Historical Note

New Section made by exempt rulemaking at 14 A.A.R. 2714, effective June 6, 2008 (Supp. 08-2).

ARTICLE 4. SOCIAL WORK

R4-6-401. Curriculum

A. An applicant for licensure as a baccalaureate social worker shall have 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 an equivalent foreign degree as determined by the Foreign Equivalency Determination Service of the Council on Social Work Education.

B. An applicant for licensure as a master social worker or a clinical social worker shall have a master 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 an equivalent foreign degree as determined by the Foreign Equivalency Determination Service of the Council on Social Work Education.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-402. Examination

A. To be licensed as a baccalaureate social worker, an applicant shall receive a passing score on the bachelors, masters, advanced generalist or clinical examination offered by A.S.W.B.

B. To be licensed as a master social worker, an applicant shall receive a passing score as on the masters, advanced generalist or clinical examination offered by A.S.W.B.

C. To be licensed as a clinical social worker, an applicant shall receive a passing score on the clinical examination offered by A.S.W.B.

D. An applicant for baccalaureate social worker, master social worker or clinical social worker licensure shall receive a passing score on an approved examination for the level of licensure requested within 12 months after the date of service of the written deficiency notice described in R4-6-302(D)(6). An applicant shall not take an approved licensure examination more than twice during the 12-month testing period.

E. If an applicant does not receive a passing score on an approved licensure examination within the 12 months referenced in subsection (D), the agency shall close the applicant's file with no recourse to appeal. To receive further consideration for licensure, an applicant shall submit a new application and fee.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-403. Supervised Work Experience for Clinical Social Worker Licensure

A. After completing the degree required in R4-6-401(B), an applicant for clinical social worker licensure shall complete a minimum of 3200 hours of supervised work experience in the practice of clinical social work in no less than 24 months.

1. Supervised work experience in the practice of clinical social work is limited to the use of psychotherapy for the purpose of assessment, diagnosis and treatment of individuals, couples, families and groups.

2. The 3200 hours of supervised work experience in clinical social work shall include a minimum of 1600 hours of direct client contact.

B. During the period of required supervised work experience, an applicant for clinical social worker licensure shall not engage in independent practice.

C. There is no supervised work experience requirement for licensure as a baccalaureate social worker or a master social worker.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

R4-6-404. Clinical Supervision for Clinical Social Worker Licensure

A. During the supervised work experience required in R4-6-403, an applicant for clinical social worker licensure shall receive a minimum of 100 hours of clinical supervision in no less than 24 months.

B. During the supervised work experience required in R4-6-403, an applicant for clinical social worker licensure shall demonstrate satisfactory performance in the following areas: assessment, diagnostics, individual and group psychotherapy, referrals, personal integrity, appropriate use of supervision, insight into client's problems, objectivity, ethics, concern for welfare of clients, responsibility, boundaries, recognition of own limits, and confidentiality by having the applicant's clinical supervisor submit a performance evaluation on forms available from the agency.

C. The time span covered by the performance evaluations shall be the same as that for the supervised work experience required in R4-6-403.

D. Clinical supervision of an applicant for clinical social worker licensure shall be provided by a clinical social worker licensed in Arizona.

E. An applicant may submit a written request to the social work credentialing committee for an exemption from the requirement of subsection (D). The request shall include the name of the behavioral health professional proposed by the applicant to act as the clinical supervisor, a copy of the proposed clinical supervisor's transcript and curriculum vitae, and any additional documentation requested by the committee. The social work credentialing committee shall review the supervision exemption request to determine whether the proposed supervisor has the necessary education, training, and experience to provide supervision acceptable for clinical social worker licensure. If the proposed supervisor has the necessary education, training, and experience, the social work credentialing committee shall grant the supervision exemption request.

1. The social work credentialing committee shall accept a maximum of 75 hours of clinical supervision provided by an alternative behavioral health professional as provided in subsection (E)(2). An applicant must obtain a minimum of 25 hours of clinical supervision by a social worker at the masters or higher level certified or licensed at the independent level by a state behavioral health regulatory entity.

2. When reviewing supervision exemption requests, the social work credentialing committee will only consider supervision provided by a masters or higher level professional certified or licensed at the independent level by a state behavioral health regulatory entity, a licensed psychologist, or a medical doctor with a specialty in psychiatry. The social work credentialing committee will take into consideration an applicant's ability to demonstrate that supervision by a certified or licensed social worker was not available or available supervision was not specific to the applicant's area of practice. When considering the availability of a certified or licensed social worker, the social work credentialing committee will consider the size of the professional setting in which the applicant worked and its geographic location.

3. The social work credentialing committee will not grant an exemption request for an unlicensed clinical supervisor providing clinical supervision in Arizona after July 1, 2006, except that an exemption may be granted by the committee if the clinical supervisor holds a current active license to practice behavioral health at the independent level and is providing services pursuant to a contract or grant with the federal government under the authority of 25 U.S.C. 450 - 450(n) or 25 U.S.C. 1601 - 1683.

4. Beginning on July 1, 2006, the social work credentialing committee will not grant an exemption request for a substance abuse counselor.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 11 A.A.R. 2713, effective June 27, 2005 (Supp. 05-2).

R4-6-405. Licensed Master Social Worker and Licensed Baccalaureate Social Worker - Independent Practice Prohibition

A. Neither a licensed master social worker nor a licensed baccalaureate social worker shall engage in the independent practice of clinical social work. A licensed master social worker and a licensed baccalaureate social worker shall only engage in the practice of clinical social work under direct supervision.

B. A licensed baccalaureate social worker shall only engage in the independent practice of nonclinical social work after obtaining a minimum of 3200 hours of supervised work experience in social work in no less than 24 months after being licensed as a bachelor social worker by the Board.

C. A licensed master social worker may engage in the independent practice of nonclinical social work.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2).

ARTICLE 5. COUNSELING

R4-6-501. Curriculum

A. An applicant for licensure as an associate counselor or a professional counselor shall have a master or higher degree in counseling or a related field from:

1. A regionally accredited college or university in a program that consists of a minimum of 48 semester credit hours, or

2. A program accredited by C.A.C.R.E.P. or C.O.R.E. in a program that consists of a minimum of 48 semester credit hours.

B. Beginning on January 1, 2008, the program of study required under subsections (A)(1) or (2) shall include a minimum of 60 semester credit hours.

C. The curriculum for degrees from programs not accredited by C.A.C.R.E.P. or C.O.R.E. shall include:

1. One three-semester credit hour course from each of the following four content areas:

a. Counseling Theory - studies that are limited to providing a broad understanding of multiple counseling theories, principles, and their application, including such theories as client-centered, behaviorism, psychoanalytic, gestalt, rational-emotive, reality, and existential;

b. Supervised Counseling Practicum - studies that are limited to the provision of counseling services within an educational or professional setting under the direction of a faculty member or supervisor designated by the college or university;

c. Multi-cultural Foundations - studies that are limited to providing a broad understanding of cultures and the implications for counseling with individuals and families within the major racial and cultural groups in the U.S.; and

d. Professional Counseling Ethics - studies that are limited to providing a broad understanding of professional counseling ethics, legal standards, and responsibilities;

2. Five three-semester credit hour courses from the following seven content areas:

a. Human Growth and Development - studies that are limited to providing a broad understanding of the physical, psychological, social and moral development of individuals throughout the lifespan, including normal and abnormal behavior;

b. The Helping Relationship - studies that are limited to providing a broad understanding of the counseling processes, basic and advanced interview skills, consultation theories, and their applications;

c. Group Dynamics Processing and Counseling - studies that are limited to providing a broad understanding of group development and dynamics, group counseling theories, group leadership styles, and basic and advanced group counseling methods and skills;

d. Life and Career Development - studies that are limited to providing a broad understanding of career development theories, occupational and educational information sources and systems, career and leisure counseling, guidance, and education, career decision making, and career development program planning and placement;

e. Social and Lifestyle Issues - studies that are limited to providing a broad understanding of social norms, changes, and trends, human roles, and alternative lifestyles;

f. Appraisal of Individuals - studies that are limited to providing a broad understanding of group and individual psychometric theories, formal and informal approaches to appraisal, data and information gathering methods, validity and reliability, factors influencing appraisals, diagnostic procedures, and use of appraisal results in the helping process; and

g. Research and Evaluation - studies that are limited to providing a broad understanding of types of research, statistics, research-report development, research implementation, program evaluation, needs assessment, and publication of research.

3. Sufficient semester credit hour courses in studies that provide a broad understanding in counseling-related subjects, including psychology, marriage and family studies, substance abuse, career counseling, and rehabilitation studies to equal the semester credit hour course requirements of subsection (A).

4. This subsection expires December 31, 2006.

D. To be applicable toward curriculum requirements, a course shall be exclusively devoted to the subject matter described in each curriculum requirement. The Board shall not accept a course in which the required curriculum subject matter is embedded in a course including other subject matter.

E. To receive credit towards licensure, an applicant shall complete each course described in this Section with a passing grade.

F. To be applicable towards curriculum requirements, a course taken before an applicant is accepted into a master or higher degree program shall be used by the applicant to meet the master or higher degree requirements.

G. The counseling credentialing committee shall approve the curriculum of an applicant with a degree of less than 48 semester credit hours if the applicant's degree was received before July 1, 1989, and all other current curriculum requirements are met. This subsection expires December 31, 2006.

H. An applicant for professional counselor licensure shall be deemed to meet the curriculum requirements in this Section if the applicant holds an active associate counselor license in good standing.

I. To be eligible for licensure, an applicant for professional counselor licensure who received a master or higher degree before July 1, 1989, and whose program of study did not offer a practicum, shall have completed three years of post-master or higher degree work experience in counseling under direct supervision. One year of a doctoral-clinical internship may be substituted for one year of supervised work experience.

J. An applicant who does not meet all curriculum requirements is ineligible for licensure.

1. An applicant who is ineligible but has a master or higher degree in counseling or a related field may submit a reassessment request in accordance with R4-6-303.

2. An ineligible applicant is considered to have a degree with a major emphasis in counseling if the ineligibility results from curriculum deficiencies that constitute no more than 15 semester credit hours.

3. This subsection expires December 31, 2006.

K. Beginning on January 1, 2007, the curriculum for degrees from programs not accredited by C.A.C.R.E.P. or C.O.R.E. shall include:

1. Coursework from each of the following 14 required content areas:

a. Diagnosis, Assessment, and Treatment Planning - one three-semester credit hour course in studies that are limited to providing an understanding of the use of assessment and diagnosis to develop appropriate treatment interventions for behavioral health disorders. Studies in this area shall include the use of the current Diagnostic and Statistical Manual, the integration of diagnostic and other assessment information, and the development of treatment plans;

b. Basic Tests and Appraisal in Counseling - one three-semester credit hour course in studies that are limited to providing an understanding of individual and group approaches to assessment and evaluation. Studies in this area shall include all of the following:

i. Basic concepts of standardized and non-standardized testing and other assessment techniques, which could include norm-referenced and criterion referenced assessment, environmental assessment, performance assessment, individual and group test and inventory methods, behavioral observations, and computer-managed and computer-assisted methods;

ii. Statistical concepts, which could include scales of measurement, measures of central tendency, indices of variability, shapes and types of distributions, and correlations;

iii. Reliability, which could include theory of measurement error, models of reliability, and the use of reliability information; and

iv. Validity, which could include evidence of validity, types of validity, and the relationship between reliability and validity;

c. Pre-practicum - A pre-practicum or supervised field work experience under the supervision of a faculty member, which shall include either of the following:

i. 100 total hours of pre-practicum activities, of which a minimum of 40 hours shall be direct client contact hours; or

ii. 300 clock hours in a supervised counseling practicum, field work experience, or internship in addition to the 600 clock hours required in subsection (K)(1)(d);

d. Supervised Counseling Practicum, Field Work Experience, or Internship - A supervised counseling practicum, field work experience, or internship shall provide for the development of counseling skills under supervision. The counseling practicum, field work experience, or internship must include a minimum of six semester credit hours and 600 clock hours in a professional counseling setting. The counseling practicum, field work experience, or internship must provide the opportunity for the student to perform all the activities that a regularly employed professional counselor would be expected to perform. Counseling practicum, field work experience, or internship services must be under the direction and supervision of a faculty member and an onsite supervisor approved by the college or university;

e. Counseling Theories - one three-semester credit hour course in studies that are limited to providing a comprehensive survey of the major counseling theories and principles. At a minimum, coursework shall include five of the following theories:

i. Cognitive behavioral;

ii. Person centered;

iii. Brief solution focused;

iv. Adlerian;

v. Behavioral;

vi. Psychoanalytic and neopsychoanalytic; or

vii. Rational emotive;

f. Professional Counseling Ethics - one three-semester credit hour course in studies that are limited to providing a broad understanding of professional counseling ethics, legal standards, and responsibilities. Coursework may not include material in an adjunctive therapeutic area;

g. Social and Cultural Diversity Issues in Counseling - one three-semester credit hour course in studies that are limited to providing a broad understanding of issues and trends in a multicultural and diverse society. Studies in this area shall include all of the following:

i. Attitudes and behaviors based on such factors as age, race, religious preference, physical disability, sexual orientation, ethnicity and culture, family patterns, gender, socioeconomic status and intellectual ability;

ii. Individual, family, group, and community strategies for working with diverse populations; and

iii. Theories of multicultural counseling, theories of identity development, and multicultural competencies;

h. Basic Counseling Skills in the Helping Relationship - one three-semester credit hour course in studies that are limited to providing a broad understanding of counseling processes, including all of the following:

i. Counselor and client characteristics and behaviors that influence helping processes, which could include age, gender and ethnic differences, verbal and nonverbal behaviors, and personal characteristics, orientations, and skills; and

ii. Essential interviewing and counseling skills with a focus on the development of a therapeutic relationship, establishment of appropriate counseling goals and intervention strategies, evaluation of client outcome, and successful termination of the counseling relationship;

i. Human Growth and Development - one three-semester credit hour course in studies that are limited to providing an understanding of the nature and needs of individuals at all developmental levels, including all of the following:

i. Theories of individual and family development and transitions across the life-span;

ii. Theories of learning and personality development; and

iii. Strategies for facilitating optimum development over the life-span;

j. Career Development and Counseling - one three-semester credit hour course in studies that are limited to providing an understanding of career development and related life factors, including all of the following:

i. Career development theories and decision-making models;

ii. Interrelationships among and between work, family, and other life roles and factors including the role of diversity and gender in career development; and

iii. Psychotherapy and career counseling processes, techniques, and resources, including those applicable to specific populations;

k. Group Counseling Theory and Practice - one three-semester credit hour course in studies that are limited to providing a broad understanding of group development, group dynamics, group counseling theories, group counseling methods and skills, and other group work approaches. Studies in this area shall include all of the following:

i. Principles of group dynamics, which could include group process components, developmental stage theories, and group members' roles and behaviors;

ii. Group leadership styles and approaches, which could include characteristics of various types of group leaders and leadership styles;

iii. Theories of group counseling, which could include commonalities, distinguishing characteristics, and pertinent research and literature; and

iv. Group counseling methods, which could include group counselor orientations and behaviors, ethical standards, appropriate selection criteria and methods, and methods of evaluation of effectiveness;

l. Research Methods - one three-semester credit hour course in studies that are limited to providing an understanding of research methods and basic statistical analysis, including all of the following:

i. The importance of research and opportunities and difficulties in conducting research in the counseling profession;

ii. Research methods such as qualitative, quantitative, single-case designs, action research and outcome-based research; and

iii. Use of research to improve counseling effectiveness;

m. Marriage and Family Therapy - one three-semester credit hour course in studies that are limited to providing a broad understanding of the structure and dynamics of the family, which may include assessment and methods of marital and family intervention and counseling; and

n. Chemical Dependency Counseling - one three-semester credit hour course in studies that are limited to providing a broad understanding of the stages, processes, and effects of chemical dependency, social and psychological dynamics of chemical dependency, and the professional's role in prevention, intervention, and aftercare. Coursework shall include all of the following:

i. Drug classification and effects;

ii. Chemical dependency assessment; and

iii. Theories and methods of chemical dependency counseling; and

2. Sufficient semester credit hour courses in any of the following counseling related elective subjects to equal the semester credit hour course requirements of subsections (A