Arizona Secretary of State - Ken Bennett


 
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TITLE 4. PROFESSIONS AND OCCUPATIONS

CHAPTER 26. BOARD OF PSYCHOLOGIST EXAMINERS


Supp. 12-3

(Authority: A.R.S. § 32-2061 et seq.)

Editor’s Note: This Chapter contains amendments that were filed with the Secretary of State on March 3, 1995. At the time of filing, the original copy of the rulemaking package differed from the copy of the package filed at the same time. The Secretary of State uses the copy to prepare the Code supplement. The agency notified the Secretary of State that the wrong version was used. That led to the Secretary of State’s discovery of the two versions filed in March 1995. The Secretary of State then used the original package to publish a corrected edition with Supp. 95-2. The Secretary of State has since been advised by the Attorney General that the original version as published with Supp. 95-1 was correct with the exception of one phrase in R4-26-207 that was inadvertently omitted. With this publication, this Chapter reflects the correct amendments, and the omitted phrase in R4-26-207 has now been added.

ARTICLE 1. GENERAL PROVISIONS

Article 1, consisting of Sections R4-26-01 through R4-26-10; Article 2, consisting of Sections R4-26-20 through R4-26-28; and Article 3, consisting of Sections R4-26-50 through R4-26-57, renumbered, refer to Historical Notes (Supp. 81-3).

Section

R4-26-101. Definitions

R4-26-102. Board Officers

R4-26-103. Official Signatures

R4-26-104. Advisory Committees

R4-26-105. Board Records

R4-26-106. Client Records

R4-26-107. Current Address

R4-26-108. Fees

R4-26-109. Repealed

R4-26-110. Repealed

R4-26-111. Reserved

through

R4-26-119. Reserved

R4-26-120. Renumbered

R4-26-121. Renumbered

R4-26-122. Renumbered

R4-26-123. Renumbered

R4-26-124. Renumbered

R4-26-125. Renumbered

R4-26-126. Renumbered

R4-26-127. Renumbered

R4-26-128. Renumbered

R4-26-129. Reserved

through

R4-26-149. Reserved

R4-26-150. Renumbered

R4-26-151. Reserved

R4-26-152. Reserved

R4-26-153. Reserved

R4-26-154. Reserved

R4-26-155. Reserved

R4-26-156. Reserved

R4-26-157. Renumbered

ARTICLE 2. LICENSURE

Section

R4-26-201. Application Deadline

R4-26-202. Doctorate

R4-26-203. Application for Licensure

R4-26-203.01 Application for Licensure by Credential Under A.R.S. § 32-2071.01(B)

R4-26-204. Examinations

Appendix A. Repealed

R4-26-205. Renewal of License

R4-26-206. Reinstatement of License from Inactive to Active Status

R4-26-207. Continuing Education

R4-26-208. Time-frames for Processing Applications

Table 1. Time-frames (in Days) for Processing Applications

R4-26-209. General Supervision

R4-26-210. Internship or Training Experience

R4-26-211. Foreign Graduates

ARTICLE 3. REGULATION

Section

R4-26-301. Rules of Professional Conduct

R4-26-302. Informal Interviews

R4-26-303. Titles

R4-26-304. Representation Before the Board by Attorney Not Admitted to State Bar of Arizona

R4-26-305. Confidentiality of Investigative Materials

R4-26-306. Reserved

R4-26-307. Reserved

R4-26-308. Rehearing or Review of Decision

ARTICLE 4. BEHAVIOR ANALYSIS

Article 4, consisting of Sections R4-26-401 through R4-26-418, made by final rulemaking effective September 11, 2012 (Supp. 12-3).

Section

R4-26-401. Definitions

R4-26-402. Fees and Charges

R4-26-403. Application for Initial License

R4-26-404. License Examination

R4-26-405. Coursework Requirement

R4-26-406. Ethical Standard

R4-26-407. License by Reciprocity

R4-26-408. License Renewal

R4-26-409. Continuing Education Requirement

R4-26-410. Voluntary Inactive Status

R4-26-411. License Reinstatement

R4-26-412. Client Records

R4-26-413. Change of Name, Mailing Address, E-mail Address, or Telephone Number

R4-26-414. Complaints and Investigations

R4-26-415. Informal Interview

R4-26-416. Rehearing or Review of Decision

R4-26-417. Licensing Time-frames

R4-26-418. Mandatory Reporting Requirement

ARTICLE 1. GENERAL PROVISIONS

R4-26-101. Definitions

In this Chapter:

1. “Additional examination” means an examination administered by the Board to determine the competency of an applicant and may include questions about the applicant’s knowledge and application of Arizona law, the practice of psychology, ethical conduct, and psychological assessment and treatment practices.

2. “Administrative completeness review” means the Board’s process for determining that an applicant has provided all of the information and documents required by the Board to determine whether to grant a license to the applicant.

3. “Advertising” means the use of any communications media to disseminate information regarding the qualifications of a psychologist or to solicit clients for psychological services, whether or not the psychologist pays for the dissemination of the information. Methods of advertising include a published statement or announcement, directory listing, business card, personal resume, brochure, or any electronic communication conveying professional qualifications or promoting the use of the psychologist’s professional services.

4. “Applicant” means an individual requesting licensure, renewal, or approval from the Board.

5. “Application packet” means the forms and documents the Board requires an applicant to submit to the Board.

6. “Case,” in the context of R4-26-106(D), means a legal cause of action instituted before an administrative tribunal or in a judicial forum that relates to a psychologist’s practice of psychology.

7. “Case conference” means a meeting that includes the discussion of a particular client or case that is related to the practice of psychology.

8. “Clarifying information” means information that a complainant or licensee wishes to convey to the Board and is intended to clarify what the complainant or licensee believes to be inaccurate assumptions or information stated by a Board member during case discussions before the Complaint Screening Committee or the full Board or during an informal interview.

9. “Client record” means “adequate records” as defined in A.R.S. § 32-2061(A)(2), “medical records” as defined in A.R.S. § 12-2291(5), and all records pertaining to assessment, evaluation, consultation, intervention, treatment, or the provision of psychological services in any form or by any medium.

10. “Complaint Screening Committee” means the committee of the Board established by A.R.S. § 32-2081(D) to initially review all complaints against licensees.

11. “Confidential record” means:

a. Minutes of an executive session of the Board;

b. A record that is classified as confidential by a statute or rule applicable to the Board;

c. An applicant’s or licensee’s college or university transcript if requested by a person other than the applicant or licensee;

d. All materials relating to an investigation by the Board, including a complaint, response, client record, witness statement, investigative report, and any other information relating to a client’s diagnosis, treatment, or personal or family life;

e. Home address, home telephone number, and e-mail address of an applicant or a licensee;

f. Test scores of an applicant or a licensee;

g. Date of birth of an applicant or a licensee; and

h. Social Security number of an applicant or a licensee.

12. “Credentialing agency” means the Association of State and Provincial Psychology Boards, the National Register of Health Service Providers in Psychology, and the American Board of Professional Psychology.

13. “Days” means calendar days.

14. “Diplomate” means a status bestowed on a person by the American Board of Professional Psychology after successful completion of the work and examinations required.

15. “Directly available,” in the context of A.R.S. § 32-2071(D)(2), means immediately available in person, by telephone, or by electronic transmission.

16. “Dissertation” means a document prepared as part of a graduate doctoral program that includes, at a minimum, separate sections that:

a. Review the literature on the psychology topic being investigated, state each research question under investigation, and state each hypothesis investigated;

b. Describe the method or procedure used to investigate each research question or each hypothesis;

c. Describe and summarize the findings and results of the investigation;

d. Discuss the findings and compare them to the relevant literature presented in the literature review section; and

e. List the references used in the various sections of the dissertation, a majority of which are either journals of the American Psychological Association, Psychological Abstracts, or classified as a psychology subject by the Library of Congress.

17. “Fellow” means a status bestowed on a person by a psychology association or society.

18. “Gross negligence” means an extreme departure from the ordinary standard of care.

19. “Internship training program” means the supervised professional experience required in A.R.S. § 32-2071(D).

20. “National examination” means the Examination for Professional Practice in Psychology provided by the Association of State and Provincial Psychology Boards.

21. “Party” means the Board, an applicant, a licensee, or the state.

22. “Primarily psychological,” in the context of A.R.S. § 32-2071(A)(6), means subject matter that covers the practice of psychology as defined in A.R.S. § 32-2061(A)(8).

23. “Psychometric testing” means measuring cognitive and emotional processes and learning.

24. “Raw test data” means information collected during a psychologist’s assessment and evaluation.

25. “Residency” means the same as in A.R.S. § 32-2071(I), but does not include a domicile or hospital residency.

26. “Retired,” as used in A.R.S. § 32-2073(E), means a psychologist has permanently stopped practicing psychology, as defined in A.R.S. § 32-2061(A)(8).

27. “Substantive review” means the Board’s process for determining whether an applicant meets the requirements of A.R.S. § 32-2071 through § 32-2076 and this Chapter.

28. “Successfully completing,” as used in A.R.S. § 32-2071(A)(4), means receiving a passing grade in a course from a school or institution.

29. “Supervise” means to control, oversee, and review the activities of an employee, intern, trainee, or resident who provides psychological services.

30. “Supervisor” means a psychologist licensed or certified as a psychologist in the state in which the supervision occurs.

Historical Note

Former Rule 1; Former Section R4-26-01 repealed, new Section R4-26-01 adopted effective July 27, 1979 (Supp. 79-4). Amended effective June 17, 1981 (Supp. 81-3). Former Section R4-26-101 renumbered to R4-26-102; new Section R4-26-101 adopted effective March 3, 1995 (Supp. 95-1). Corrections made to text; agency filed different versions of text in original and copies; corrections reflect the original version (Supp. 95-2). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R. 737, effective February 19, 1999 (Supp. 99-1). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 9 A.A.R. 778, effective April 12, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 4743, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-102. Board Officers

Under A.R.S. § 32-2063(A)(8), the Board shall meet before December 31 of each year to elect a chairperson, a vice chairperson, and a secretary who shall take office on January 1 of the next year and serve until December 31 of that year. When a vacancy occurs in the office of chairperson, vice chairperson, or secretary, the Board shall elect a replacement officer at the next scheduled Board meeting.

Historical Note

Former Rule 2; Amended effective November 22, 1977 (Supp. 77-6). Repealed effective September 15, 1978 (Supp. 78-5). New Section R4-26-02 adopted effective July 27, 1979 (Supp. 79-4). Amended effective July 3, 1991 (Supp. 91-3). Former Section R4-26-102 renumbered to R4-26-103; new Section R4-26-102 renumbered from R4-26-101 and amended effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3).

R4-26-103. Official Signatures

The chairperson, vice chairperson, or secretary, elected under A.R.S. § 32-2063(A)(8), shall sign correspondence, forms, legal documents, or other official papers of the Board. The chairperson, vice chairperson, or secretary may delegate this duty to another Board member, or the executive director.

Historical Note

Former Rule 3; Amended effective November 22, 1977 (Supp. 77-6). Repealed effective September 15, 1978 (Supp. 78-5). New Section R4-26-03 adopted effective July 27, 1979 (Supp. 79-4). Former Section R4-26-103 renumbered to R4-26-104; new Section R4-26-103 renumbered from R4-26-102 and amended effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3).

R4-26-104. Advisory Committees

The Board may appoint advisory committees for the purpose of conducting investigations and making recommendations to the Board concerning official actions to be taken or considered by the Board regarding the licensing process or disciplinary matters.

Historical Note

Former Rule 4; Former Section R4-26-04 repealed effective November 22, 1977 (Supp. 77-6). New Section R4-26-04 adopted effective September 15, 1978 (Supp. 78-5). Former Section R4-26-04 repealed, new Section R4-26-04 adopted effective July 27, 1979 (Supp. 79-4). Amended effective June 17, 1981 (Supp. 81-3). Correction, paragraph (2), subparagraph (f) as amended effective June 17, 1981 (Supp. 84-1). Amended effective July 3, 1991 (Supp. 91-3). Former Section R4-26-104 renumbered to R4-26-105; new Section R4-26-104 renumbered from R4-26-103 and amended effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3).

R4-26-105. Board Records

A. A person may view public records in the Board office only during business hours Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding holidays.

B. All Board records are open to public inspection and copying except confidential records as defined in R4-26-101.

Historical Note

Former Rule 5; Former Section R4-26-05 repealed effective November 22, 1977 (Supp. 77-6). New Section R4-26-05 adopted effective September 15, 1978 (Supp. 78-5). Former Section R4-26-05 repealed effective September 15, 1978 (Supp. 78-5). Former Section R4-26-05 repealed, new Section R4-26-05 adopted effective July 27, 1979 (Supp. 79-4). Former Section R4-26-105 renumbered to R4-26-107; new Section R4-26-105 renumbered from R4-26-104 and amended effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3).

R4-26-106. Client Records

A. A psychologist shall not condition record release on a client’s or third party’s payment for services.

B. A psychologist shall release, with a client’s written consent, the client’s raw test data or psychometric testing materials to another licensed psychologist. Without a client’s consent, a psychologist shall release a client’s raw test data or psychometric testing materials only to the extent required by federal or Arizona law or court order compelling production.

C. A psychologist shall retain all client records under the psychologist’s control, including records of a client who died, for a minimum of six years from the date of the last client activity, except copies of audio or video tapes created primarily for training or supervisory purposes. If a client is a minor, the psychologist shall retain all client records for a minimum of three years past the client’s 18th birthday or six years from the date of the last client activity, whichever is longer.

D. A psychologist who has been notified by the Board or municipal, state, or federal officials of an investigation or pending case shall retain all records relating to that investigation or case until the psychologist has received written notification that the investigation is completed or that the case is closed.

E. A psychologist who is on inactive status under A.R.S. § 32-2073(E) is not exempt from this Section.

F. A psychologist may retain legible copies of scanned or electronic records rather than the original hard copies of the records. The psychologist shall ensure that scanned and electronic records are securely stored and electronic backup copies are maintained.

Historical Note

Former Rule 6; Repealed effective November 22, 1977 (Supp. 77-6). New Section adopted effective March 3, 1995 (Supp. 95-1). Corrections made to text; agency filed different versions of text in original and copies; corrections reflect the original version (Supp. 95-2). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-107. Current Address

A psychologist’s failure to receive a renewal notice or other mail that the Board sends to the most recent address on file with the Board office is not justification for an untimely license renewal or the omission of any other action required by the psychologist.

Historical Note

Former Rule 7; Repealed effective September 15, 1978 (Supp. 78-5). New Section R4-26-107 renumbered from R4-26-105 and amended effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3).

R4-26-108. Fees

1. Application for an active license to practice psychology: $350

2. Reapplication for an active license denied by the Board: $200

3. Initial license (prorated): $400

4. Duplicate license: $25

5. Biennial renewal of an active license: $400

6. Biennial renewal of an inactive license: $50

7. Reinstatement of an active or inactive license: $200

8. Delinquent compliance with continuing education requirements: $200

9. Duplicate renewal receipt: $5

10. Statutes and rules: $5

11. Verification of a license: $2

12. Each audiotape of Board meetings: $10

13. Computerized discs containing the name and address of each licensee: $.05 per name

14. Customized computerized discs containing the name and address of each licensee: $.25 per name

15. Customized computerized discs: $.35 per name

16. Copies of Board records, documents, letters, minutes, applications, files, and policy statements: $.25 per page

Historical Note

Former Rule 8; Amended as an emergency effective June 15, 1978, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 78-3). Amended effective September 15, 1978 (Supp. 78-5). Repealed effective July 27, 1979 (Supp. 79-4). New Section R4-26-108 adopted effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Former Section R4-26-108 renumbered to R4-26-201 by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). New Section adopted by final rulemaking at 7 A.A.R. 1258, effective February 20, 2001 (Supp. 01-1). Amended by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-109. Repealed

Historical Note

Former Rule 9; Repealed effective July 27, 1979 (Supp. 79-4).

R4-26-110. Repealed

Historical Note

Adopted effective November 22, 1977 (Supp. 77-6). Repealed and readopted as Section R4-26-57 effective July 27, 1979 (Supp. 79-4).

R4-26-111. Reserved

through

R4-26-119. Reserved

R4-26-120. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-201 effective July 27, 1979 (Supp. 79-4).

R4-26-121. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-202 effective July 27, 1979 (Supp. 79-4).

R4-26-122. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-203 effective July 27, 1979 (Supp. 79-4).

R4-26-123. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-204 effective July 27, 1979 (Supp. 79-4).

R4-26-124. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-205 effective July 27, 1979 (Supp. 79-4).

R4-26-125. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-206 effective July 27, 1979 (Supp. 79-4).

R4-26-126. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-207 effective July 27, 1979 (Supp. 79-4).

R4-26-127. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-208 effective July 27, 1979 (Supp. 79-4).

R4-26-128. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-209 effective July 27, 1979 (Supp. 79-4).

R4-26-129. Reserved

through

R4-26-149. Reserved

R4-26-150. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-301 effective July 27, 1979 (Supp. 79-4).

R4-26-151. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-302 effective July 27, 1979 (Supp. 79-4).

R4-26-152. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-303 effective July 27, 1979 (Supp. 79-4).

R4-26-153. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-304 effective July 27, 1979 (Supp. 79-4).

R4-26-154. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-305 effective July 27, 1979 (Supp. 79-4).

R4-26-155. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-306 effective July 27, 1979 (Supp. 79-4).

R4-26-156. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-307 effective July 27, 1979 (Supp. 79-4).

R4-26-157. Renumbered

Historical Note

Former Section R4-26-120 renumbered to R4-26-201 effective July 27, 1979 (Supp. 79-4).

ARTICLE 2. LICENSURE

R4-26-201. Application Deadline

To be considered at the next scheduled Board meeting, a license application and all related supporting materials and documentation, including reference forms mailed from the Board office and any additional information requested by the Board, shall be completed and filed at the Board office at least 14 days before the date of the meeting. An applicant who does not meet this deadline shall have the application reviewed at a subsequent Board meeting.

Historical Note

Adopted effective July 27, 1979 (Supp. 79-4). Amended subsection (A) statute reference, effective June 30, 1981 (Supp. 81-3). Renumbered from R4-26-120 and amended effective July 3, 1991 (Supp. 91-3). Repealed effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). New Section R4-26-201 renumbered from R4-26-108 and amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 9 A.A.R. 778, effective April 12, 2003 (Supp. 03-1).

R4-26-202. Doctorate

A. The Board shall apply the following criteria to determine if a doctoral program complies with A.R.S. § 32-2071:

1. A program is “identified and labeled as a psychology program” under A.R.S. § 32-2071(A)(2) if the university, college, department, school, or institute had institutional catalogues and brochures that specified its intent to educate and train psychologists, at the commencement of the applicant’s degree program;

2. A program “stands as a recognized, coherent organizational entity” under A.R.S. § 32-2071(A)(2) if the university, college, department, school, or institute had a psychology curriculum that was an organized sequence of courses at the commencement of the applicant’s degree program; and

3. A program has “clearly identified entry and exit criteria” within its curriculum under A.R.S. § 32-2071(A)(2) if the university, college, department, school, or institute has requirements that outline the prerequisites for entrance into the program and the sequence of study and has requirements for graduation delineated.

B. The Board shall verify that an applicant has completed the hours in the subject areas described in A.R.S. § 32-2071(A)(4). For this purpose, the applicant shall have the institution that the applicant attended provide directly to the Board an official transcript of all courses taken.

1. The Board shall verify that an applicant’s transcripts have been prepared solely by the institution under A.R.S. § 32-2071(A)(7) by determining whether the applicant had any input into the transcript drafting process.

2. The Board may require additional documentation from the applicant or from the institution to determine whether the applicant has satisfied the requirements of A.R.S. § 32-2071(A)(4).

3. The Board shall count five quarter hours as the equivalent of three semester hours, as required under A.R.S. § 32-2071(A)(4). When an academic term is other than a semester or quarter, 15 classroom contact hours equals one semester hour.

C. To determine whether a comprehensive examination taken by an applicant as part of a doctoral program in psychology satisfies the requirements of A.R.S. § 32-2071(A)(4), the Board shall review documentation provided directly to the Board by the educational institution that granted the doctoral degree, that demonstrates how the applicant’s comprehensive examination was constructed, lists criteria for passing, and provides the information used to determine that the applicant passed.

D. The Board shall not accept credit hours for workshops, practica, undergraduate courses, life experiences, or for credits transferred from institutions that are not accredited under A.R.S. § 32-2071(A)(1), to satisfy a requirement of A.R.S. § 32-2071(A)(4).

E. The Board shall count a course or comprehensive examination only once to satisfy a requirement of A.R.S. § 32-2071(A)(4).

F. An honorary doctorate degree does not qualify an applicant for licensure as a psychologist.

G. The Board shall not accept as core program credits practica, workshops, continuing education courses, experiential or correspondence courses, or life experiences. The Board shall not accept core program credits for seminar or readings courses or independent study unless the applicant provides evidence that the course was an in-depth study devoted to a particular core area. The applicant shall submit evidence of one or more of the following:

1. Course description in official college catalogue,

2. Course syllabus, or

3. Signed statement from a dean or psychology department head detailing that the course was an in-depth study devoted to a particular core area.

Historical Note

Adopted effective July 27, 1979 (Supp. 79-4). Amended effective June 17, 1981 (Supp. 81-3). Renumbered from R4-26-121 and amended effective July 3, 1991 (Supp. 91-3). Amended effective March 3, 1995 (Supp. 95-1). Corrections made to text; agency filed different versions of text in original and copies; corrections reflect the original version (Supp. 95-2). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 9 A.A.R. 778, effective April 12, 2003 (Supp. 03-1).

R4-26-203. Application for Licensure

A. An applicant for a psychologist license shall submit an application packet to the Board that includes an application form provided by the Board that is signed and dated by the applicant and notarized and contains the following information:

1. Applicant’s name, business and home addresses, Social Security number, business and home telephone numbers, and date and place of birth;

2. Whether the applicant holds a Certificate of Professional Qualification in Psychology, a National Register of Health Service Providers in Psychology credential, or is a diplomate of the American Board of Professional Psychology;

3. Name of each jurisdiction in which the applicant is currently or has been licensed as a psychologist;

4. Whether the applicant has applied for licensure as a psychologist in any other jurisdiction in which the applicant is not currently licensed, and if so, the date of each application;

5. Whether the applicant is licensed or certified in a profession or occupation other than psychology;

6. Whether the applicant has ever taken the national examination, name of each jurisdiction in which taken, and each date of examination;

7. Whether the applicant has ever had an application for a professional license, certification, or registration denied or rejected by any jurisdiction;

8. Whether the applicant has ever had disciplinary action initiated against the applicant’s professional license, certification, or registration, or had a professional license, certification, or registration suspended or revoked by any jurisdiction;

9. Whether the applicant has ever entered into a consent agreement or stipulation arising from a complaint against any professional license, certification, or registration;

10. Whether the applicant is a member of any professional association in the field of psychology and name of association;

11. Whether the applicant has ever had membership in a professional association in the field of psychology denied or revoked;

12. Whether the applicant is currently under investigation for or has been found guilty of violating a code of professional ethics of any professional organization;

13. Whether the applicant is currently under investigation for or has been found to have violated a professional code of conduct by any jurisdiction;

14. Whether the applicant has ever been sanctioned or placed on probation by any jurisdiction;

15. Whether the applicant has been convicted of a felony or a misdemeanor other than a minor traffic offense, or has ever entered into a diversion program instead of prosecution, including any convictions that have been expunged or deleted;

16. Whether the applicant has been sued or prosecuted for an act or omission relating to the applicant’s practice as a psychologist, the applicant’s work under a certificate or license in another profession, or the applicant’s work as a member of a profession in which the applicant was not certified or licensed;

17. Whether the applicant has ever been involuntarily terminated or resigned instead of termination from any psychological or behavioral health position or related employment;

18. Whether the applicant currently has an addiction to alcohol or any drug that in any way impairs or limits the applicant’s ability to practice;

19. Whether the applicant currently has any medical, physical, or psychological condition that may in any way impair or limit the applicant’s ability to practice psychology safely and effectively;

20. Name and address of each university or college from which the applicant graduated, date of attendance, date of graduation, degree received, name of department, and major subject area;

21. Major advisor’s name and department and the title of the applicant’s dissertation or Psy.D. project for the doctoral degree;

22. Official title of the doctoral degree program or predoctoral specialty area;

23. Whether the applicant’s internship training program was an American Psychological Association-approved program or a member of the Association of Psychology and Postdoctoral Internship Centers;

24. Each location at which the applicant participated in an internship training program and each supervisor’s name;

25. Areas of professional competence;

26. Intended area of professional practice in psychology;

27. Name, position, and address of at least two references who:

a. Are psychologists licensed or certified to practice psychology in a United States or Canadian jurisdiction and who are not members of the Arizona Board of Psychologist Examiners;

b. Are familiar with the applicant’s work experience in the field of psychology or in a postdoctoral program within the three years immediately before the date of application. If more than three years have elapsed since the applicant last engaged in professional activities in the field of psychology or in a postdoctoral program, the references may pertain to the most recent three-year period in which the applicant engaged in professional activities in the field of psychology or in a postdoctoral program; and

c. Recommend the applicant for licensure;

28. History of employment in the field of psychology including the beginning and ending dates of employment, number of hours worked per week, name and address of employer, name and address of supervisor, and type of employment;

29. Information demonstrating that the applicant satisfied the core program requirements in A.R.S. § 32-2071(A)(4) and R4-26-202;

30. Whether the applicant agrees to allow the Board to submit supplemental requests for additional information under R4-26-208(C);

31. A notarized statement, verified under oath by the applicant, that the information on the application pertains to the applicant, is true and correct, and has not been submitted through fraud or misrepresentation;

32. One photograph of the applicant no larger than one and a half by two inches taken not more than 60 days before the date of application;

33. The results of a self-query from the National Practitioner Data Bank-Healthcare Integrity and Protection Data Bank;

34. Fee required by R4-26-108; and

35. Any other information authorized by statute.

B. In addition to the requirements of subsection (A), an applicant for a psychologist’s license shall arrange to have directly submitted to the Board:

1. An official transcript from each university or college from which the applicant has received a graduate degree that contains the date the degree was received;

2. An official document from the degree-granting institution indicating that the applicant has completed a residency that satisfies the requirements of A.R.S. § 32-2071(I);

3. An affidavit from the applicant’s supervisor, if available, or a psychologist knowledgeable of the applicant’s internship training program, verifying that the applicant’s internship training program meets the requirements in A.R.S. § 32-2071(D);

4. An affidavit from the applicant’s postdoctoral supervisor, if available, or a psychologist knowledgeable of the applicant’s postdoctoral experience verifying that the applicant’s postdoctoral experience meets the requirements in A.R.S. § 32-2071(E); and

5. Verification of all other psychology licenses or certificates ever held in any jurisdiction.

C. In addition to the requirements in subsections (A) and (B), an applicant shall ensure that an official notification of the applicant’s score on the national examination is provided to the Board. An applicant who has passed the national examination and is seeking an examination waiver under A.R.S. § 32-2072(A) shall have the examination score sent directly to the Board by the Association of State and Provincial Psychology Boards or by the jurisdiction for which the applicant originally passed the examination.

Historical Note

Adopted effective July 27, 1979 (Supp. 79-4). Amended effective April 25, 1980 (Supp. 80-2). Amended Introductory paragraph statute reference, effective June 30, 1981 (Supp. 81-3). Renumbered from R4-26-122 and amended effective July 3, 1991 (Supp. 91-3). Former Section R4-26-203 repealed, new Section R4-26-203 renumbered from R4-26-204 and amended effective March 3, 1995 (Supp. 95-1). Corrections made to text; agency filed different versions of text in original and copies; corrections reflect the original version (Supp. 95-2). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 9 A.A.R. 778, effective April 12, 2003 (Supp. 03-1). Amended by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-203.01. Application for Licensure by Credential Under A.R.S. § 32-2071.01(B)

A. An applicant for a psychologist license by credential under A.R.S. § 32-2071.01(B) shall submit an application packet to the Board that includes:

1. An application form, provided by the Board, signed and dated by the applicant, that contains the information required by R4-26-203(A)(1) through (26), and R4-26-203(A)(30) through (35);

2. Verification sent directly to the Board by the credentialing agency that the applicant:

a. Holds a current Certificate of Professional Qualification in Psychology (CPQ) issued by the Association of State and Provincial Psychology Boards;

b. Holds a current National Register Health Service Provider in Psychology (NRHSPP) credential at the doctoral level under A.R.S. § 32-2071; or

c. Is a diplomate of the American Board of Professional Psychology (ABPP); and

3. Verification of all other psychology licenses or certificates ever held in any jurisdiction.

B. An applicant for a psychologist license by credential based on a National Register Health Service Provider in Psychology credential also shall have passed the national examination and shall have notification of the examination score sent directly to the Board by the Association of State and Provincial Psychology Boards or by the jurisdiction for which the applicant originally tested.

C. If the Board determines that an application for licensure by credential requires clarification, the Board may require that an applicant submit or cause the applicant’s credentialing agency to submit directly to the Board any documentation including transcripts, course descriptions, catalogues, brochures, supervised experience verifications, examination scores, application for credential, or any other information that is deemed necessary by the Board.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 778, effective April 12, 2003 (Supp. 03-1). Amended by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-204. Examinations

A. General rules.

1. Under A.R.S. § 32-2072(C), an applicant who fails the national examination at least three times in Arizona or any other jurisdiction, shall comply with the following requirements before taking another national examination:

a. The applicant shall review the areas of deficiency and implement a program of study or practical experience designed to remedy the applicant’s deficiencies. This remedial program may consist of course work, self-study, internship experience, supervision, or any combination of these.

b. The applicant shall submit a new application that includes documentation of the applicant’s professional activities since the date of the original application, including any actions taken under subsection (A)(1)(a), in addition to the information required on the original application.

2. Examination deadline. Unless the Board grants an extension, the Board shall close the file of an applicant approved to sit for a Board examination who fails to sit for the examination within one year from the date of the Board’s approval. Upon written request to the Board’s Executive Director received by the Board on or before the applicant’s examination deadline, the Board shall grant the applicant one extension of up to six months to sit for the examination. This Section does not apply to an applicant approved to take the national examination before completion of 3,000 hours of supervised training experience as permitted under A.R.S. § 32-2072(C).

3. The Board shall deny a license if an applicant commits any of the following acts:

a. Violates the confidentiality of examination materials;

b. Removes any examination materials from the examination room;

c. Reproduces any portion of a licensing examination;

d. Aids in the reproduction or reconstruction of any portion of a licensing examination;

e. Pays or uses another person to take a licensing examination for the applicant or to reconstruct any portion of the licensing examination;

f. Obtains examination material, either before, during, or after an examination, for the purpose of instructing or preparing applicants for examinations;

g. Sells, distributes, buys, receives, or has possession of any portion of a future, current, or previously administered licensing examination that is not authorized by the Board or its authorized agent for release to the public;

h. Communicates with any other examinee during the administration of a licensing examination;

i. Copies answers from another examinee or permits the copying of answers by another examinee;

j. Possesses during the administration of a licensing examination any books, equipment, notes, written or printed materials, or data of any kind, other than material distributed during the examination; or

k. Impersonates another examinee.

B. National examination. Under A.R.S. § 32-2072, the Board shall require that an applicant take and pass the national examination. An applicant approved by the Board to take the national examination passes the examination if the applicant’s score equals or exceeds the passing score specified in A.R.S. § 32-2072(A). When the Board receives the examination results, the Board shall notify the applicant in writing of the results.

C. Additional examination.

1. An applicant shall pass the national examination before being permitted by the Board to take an additional examination.

2. Under A.R.S. § 32-2072(B), the Board may administer an additional examination to all applicants to determine the adequacy of the applicant’s knowledge and application of Arizona law. The additional examination may also cover the practice of psychology, ethical conduct, and psychological assessment and treatment practices.

a. The Board shall review and approve the additional examination before administration. The additional examination may be developed by the Board, a committee of the Board, consultants to the Board, or independent contractors.

b. The additional examination may be administered by the Board, a committee of the Board, consultants to the Board, or independent contractors.

c. Applicants, examiners, and consultants to the Board shall execute a security acknowledgment form stating that they shall maintain examination security.

Historical Note

Adopted effective July 27, 1979 (Supp. 79-4). Amended Introductory paragraph statute reference, effective June 30, 1981 (Supp. 81-3). Renumbered from R4-26-123 and amended effective July 3, 1991 (Supp. 91-3). Former Section R4-26-204 renumbered to R4-26-203, new Section R4-26-204 renumbered from R4-26-205 and amended effective March 3, 1995 (Supp. 95-1). Corrections made to text; agency filed different versions of text in original and copies; corrections reflect the original version (Supp. 95-2). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 9 A.A.R. 778, effective April 12, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 4743, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

Appendix A. Repealed

Historical Note

Adopted effective July 27, 1979 (Supp. 79-4). Amended subsections (A) and (B) statute references, effective June 30, 1981 (Supp. 81-3). Amended effective November 1, 1985 (Supp. 85-6). Renumbered from R4-26-124 and amended effective July 3, 1991 (Supp. 91-3). Renumbered from R4-26-205, Appendix A (Supp. 95-1). Appendix repealed by final rulemaking at 9 A.A.R. 778, effective April 12, 2003 (Supp. 03-1).

R4-26-205. Renewal of License

A. The Board considers a license renewal application timely filed if delivered or mailed to the Board’s office and date stamped or postmarked before May 1 of the year that the license expires.

B. An applicant shall file with the Board a renewal application form provided by the Board, signed and dated by the licensee, that contains:

1. The applicant’s name, business and home addresses, Social Security number, license number, business and home telephone numbers, e-mail address, gender, date of birth, and a designated preference for directory and mailing addresses;

2. Whether the applicant is currently licensed or certified as a psychologist in another jurisdiction, and if so, identification of the jurisdiction;

3. Whether the applicant is currently a licensed or certified member of another profession, and if so, identification of the profession and the jurisdiction;

4. Whether the applicant is a member of any hospital staff or provider panel and if so, identification of the hospital or panel;

5. Whether the applicant has completed the required 60 hours of continuing education, and if not, an explanation of the reasons;

6. Whether the applicant has been denied a license or certificate to practice any profession by any state or Canadian province;

7. Whether the applicant has ever relinquished responsibilities, resigned a position, or been terminated while a complaint against the applicant was being investigated or adjudicated;

8. Whether the applicant has ever resigned or been terminated from a professional organization, hospital staff, or provider panel or surrendered a license while a complaint against the applicant was being investigated or adjudicated;

9. Whether the applicant has been disciplined by any agency or regulatory board of any jurisdiction, health care institution, provider panel, or ethics panel for acts pertaining to the applicant’s conduct as a psychologist or as a professional in any other field, and if so, a report of those actions including the name and address of the disciplinary agency, the nature of the action, and a statement of the charges and findings;

10. Whether the applicant has been convicted of a felony or a misdemeanor other than a minor traffic offense in any state or country;

11. Whether the applicant is currently under investigation by any professional organization, health care institution, or provider panel of which the applicant is a member or on staff, or regulatory board or agency concerning the ethical propriety or legality of the applicant’s conduct;

12. Whether the applicant has been sued or prosecuted for an act or omission relating to the applicant’s practice as a psychologist, the applicant’s work under a license or certificate in another profession, or the applicant’s work as a member of a profession in which the applicant was not licensed or certified;

13. Whether the applicant is delinquent in payment of a judgment for child support;

14. Whether the applicant has had an application for membership in any professional organization rejected, or has had any professional organization suspend or revoke the applicant’s membership, place the applicant on probation, or otherwise censure the applicant for unethical or unprofessional conduct or other violation of eligibility or membership requirements;

15. Whether the applicant has a condition that in any way impairs or limits the applicant’s ability to safely and effectively practice psychology;

16. Whether the applicant is requesting any of the following inactive status options:

a. Mental or physical disability,

b. Voluntary inactive status, or

c. Medical or inactive continuation;

17. Whether the applicant is requesting retired status;

18. Whether the applicant has prepared a written protocol for the secure storage, transfer, and access of the medical records of the psychologist’s patients, in accordance with the provisions of A.R.S. § 32-3211;

19. A signed attestation of the veracity of the information provided; and

20. Any other information authorized by statute.

C. If A licensee applies for renewal in a timely manner, but fails to complete the required 60 hours of continuing education, the license shall expire. A licensee may reinstate the expired license and continue practicing between May 1 and July 1 by:

1. Paying by July 1 the reinstatement fee in R4-26-108, in addition to the regular renewal fee under A.R.S. § 32-2074(B); and

2. Completing the continuing education requirements by July 1 of the same year.

D. A person who fails to complete the required 60 hours of continuing education by July 1 and reinstate a license under subsection (C):

a. Shall not practice psychology until the license is reinstated;

b. Has from July 1 of the renewal year to May 1 of the next year to complete the continuing education requirements; and

c. Shall pay the reinstatement fee and the delinquent compliance fee in R4-26-108.

E. If as a result of an audit of continuing education records, the Board disallows some or all of a licensee’s credit hours for failure to conform to the standards listed in R4-26-207, and the remaining hours are less than the number required, the Board shall deem the licensee as failing to satisfy the continuing education requirements. The licensee has 90 days from the mailing date of the Board’s notification of disallowance to complete the continuing education requirements for the past reporting period and shall provide the Board with an affidavit documenting completion. If the Board does not receive an affidavit within 90 days of the mailing date of notification of disallowance or the Board deems the affidavit insufficient, the Board may take disciplinary action under A.R.S. § 32-2081.

Historical Note

Adopted effective July 27, 1979 (Supp. 79-4). Amended subsections (A) and (B) statute references, effective June 30, 1981 (Supp. 81-3). Amended effective November 1, 1985 (Supp. 85-6). Renumbered from R4-26-124 and amended effective July 3, 1991 (Supp. 91-3). Former Section R4-26-205 renumbered to R4-26-204; new Section R4-26-205 renumbered from R4-26-206 and amended effective March 3, 1995 (Supp. 95-1). Corrections made to text; agency filed different versions of text in original and copies; corrections reflect the original version (Supp. 95-2). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 10 A.A.R. 4743, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-206. Reinstatement of License from Inactive to Active Status

A. Except as provided in subsection (C), when considering reinstatement of a psychologist from inactive status to active status, the Board shall presume that the psychologist has maintained and updated the psychologist’s professional knowledge and capability to practice as a psychologist if the psychologist presents to the Board documentation of completion of a prorated amount of continuing education, calculated under subsection (B).

B. Except as provided in subsection (C), to calculate the minimum number of continuing education hours required for reinstatement to active status, the Board shall divide the 60 hours of continuing education required by 24 and multiply that amount by the number of months that have elapsed since the licensee began inactive status.

C. A psychologist who began inactive status before July 2, 2005 may reinstate a license to active status by demonstrating completion of a minimum of 60 hours of continuing education consistent with the requirements of R4-26-207 and completed during the previous two-year license renewal period.

Historical Note

Adopted effective July 27, 1979 (Supp. 79-4). Amended effective June 17, 1981 (Supp. 81-3). Renumbered from R4-26-125 effective July 3, 1991 (Supp. 91-3). Former Section R4-26-206 renumbered to R4-26-205; new Section R4-26-206 adopted effective March 3, 1995 (Supp. 95-1). Corrections made to text; agency filed different versions of text in original and copies; corrections reflect the original version (Supp. 95-2). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 2007, effective July 2, 2005 (Supp. 05-2). Amended by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-207. Continuing Education

A. A licensee shall complete a minimum of 60 hours of continuing education during each two-year license renewal period. One clock hour of instruction, training, preparation of a published book or journal article, or making a presentation equals one hour of continuing education credit.

1. Continuing education hours are prorated from the date of the Board correspondence notifying an applicant of approval for licensure. To calculate the minimum number of continuing education hours that a new licensee must obtain, the Board shall divide the 60 hours of continuing education required by 24 and multiply that amount by the number of months that remain until the next biennial renewal date.

2. The Board uses the same method specified in subsection (A)(1) to calculate the minimum number of continuing education hours required in each of the categories listed in subsection (C).

B. A licensee shall obtain a minimum of eight of the 40 hours required under Category I in subsection (C) as follows:

1. At least four hours in professional ethics; and

2. Beginning May 1, 2005, at least four hours in domestic violence or child abuse;

C. During the two-year license period, a licensee shall obtain a minimum of 40 hours from Category I. The remaining 20 required continuing education hours may be from Category I or Category II.

1. Category I consists of:

a. Post-doctoral study sponsored by a regionally accredited university or college as listed in A.R.S. § 32-2071(A)(1), that provides a graduate-level degree program, or a course, seminar, workshop, or home study with certificate of completion, or a continuing education program offered by a national, international, regional, or state association, society, board, or continuing education provider, if:

i. At least 75 percent of the program is related to the “practice of psychology” as defined in A.R.S. § 32-2061(A)(8); and

ii. The program’s instructor meets the qualifications in subsection (D);

b. Attending a Board meeting. A licensee receives four continuing education hours in professional ethics as required under subsection (B)(1) for attending eight hours or more of a Board meeting and two continuing education hours for attending between four and eight hours of a Board meeting. A licensee shall complete documentation provided by the Board at the time the licensee attends a Board meeting. The Board shall not accept more than 10 continuing education hours obtained by attending a Board meeting from a licensee for each renewal period; and

c. Serving as a complaint consultant. A licensee who serves as a Board complaint consultant to review Board complaints and provide a written report to the Board, receives continuing education hours equal to the actual number of hours served as a complaint consultant up to a maximum of 20 hours per renewal period.

2. Category II consists of:

a. Self-study or study groups for professional growth and development as a psychologist;

b. Preparation that results in publication of an authored or co-authored psychology book, psychology book chapter, or article in a peer-reviewed psychology journal;

c. Presentation of a symposium or paper at a state, regional, national, or international psychology meeting;

d. Attendance at or participation in a case conference; or

e. A course, workshop, seminar, or symposium for professional growth and development as a psychologist or enhancement of psychological practice, education, or administration.

D. The Board shall not approve continuing education for credit unless the continuing education instructor:

1. Is currently licensed or certified in the instructor’s profession or works at least 20 hours each week as a faculty member at a regionally accredited college or university, as listed in A.R.S. § 32-2071(A);

2. Is a fellow as defined in R4-26-101 or a diplomate as defined in R4-26-101; or

3. Demonstrates competence and expertise in the subject or material the instructor teaches by having an advanced degree, teaching experience, work history, authored professional publication articles, or having previously presented seminars in that subject or material.

E. A licensee who organizes and presents a continuing education activity receives the same number and category of continuing education hours described in subsection (C) as those persons attending the continuing education activity. The Board shall not allow credit more than once in a two-year license renewal period for organizing and presenting a continuing education function on the same topic or content area.

F. A licensee elected to an officer position in an international, national, regional, or state psychological association or society, or appointed to a government psychology board or committee, receives Category I continuing education hours equal to the actual number of hours served in the position up to a maximum of 10 hours per renewal period.

G. Each licensee shall keep the following documents that substantiate completion of continuing education hours for the previous license renewal period:

1. A certificate of attendance;

2. Statement signed by the provider verifying participation in the activity;

3. Official transcript;

4. Documents indicating a licensee’s participation as an elected officer or appointed member as specified in subsection (F); or

5. A signed affidavit to document self-study activity that includes a description of the activity, the subject covered, the dates, and the number of hours involved.

H. The Board may audit a licensee’s compliance with continuing education requirements. The Board may deny renewal or take other disciplinary action against a licensee who fails to obtain or document required continuing education hours. The Board may discipline a licensee who commits fraud, deceit, or misrepresentation regarding continuing education hours.

I. A licensee who cannot meet the continuing education requirement for good cause may seek an extension of time to complete the continuing education requirement by submitting a written request to the Board, including the renewal fee.

1. Good cause is limited to licensee illness, military service, or residence in a foreign country for at least 12 months of the license renewal period.

2. A licensee shall submit a request for extension on or before the expiration of a license. The Board shall not grant a time extension longer than one year.

3. A licensee who cannot complete the continuing education requirement within the time extension may apply to the Board for inactive license status under A.R.S. § 32-2073(E).

J. The Board shall not allow continuing education hours in excess of the 60 required hours to be carried beyond the two-year renewal period in which the hours were accrued.

K. A course, workshop, seminar, or symposium designed to increase income or office efficiency is not eligible for continuing education hours.

Historical Note

Adopted effective July 27, 1979 (Supp. 79-4). Amended effective January 23, 1981 (Supp. 81-1). Renumbered from R4-26-126 and amended effective July 3, 1991 (Supp. 91-3). Former Section R4-26-207 repealed; new Section R4-26-207 adopted effective March 3, 1995 (Supp. 95-1). Corrections made to text; agency filed different versions of text in original and copies; corrections reflect the original version (Supp. 95-2). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995. Text corrected. (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 9 A.A.R. 778, effective April 12, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 4743, effective January 1, 2005 (Supp. 04-4).

R4-26-208. Time-frames for Processing Applications

A. The overall time-frame described in A.R.S. § 41-1072(2) for each type of approval granted by the Board is listed in Table 1. An applicant and the Board’s Executive Director may agree in writing to extend the substantive review time-frame and the overall time-frame. An extension shall not exceed 25 percent of the overall time-frame.

B. The administrative completeness review time-frame described in A.R.S. § 41-1072(1) for each type of approval granted by the Board is listed in Table 1.

1. The administrative completeness review time-frame begins, for approval or denial of:

a. An application to take the national examination, on the date the Board receives an application packet and ends on the date the Board sends an applicant a written notice of administrative completeness;

b. An application for licensure from an applicant licensed in another jurisdiction who is applying for an examination waiver under A.R.S. § 32-2072(A), on the date the Board receives an application packet and ends on the date the Board sends an applicant a written notice of administrative completeness;

c. An application for licensure by credential, on the date the Board receives an application packet and ends on the date the Board sends a notice of administrative completeness and if the application does not require substantive review, a request for payment of licensing fee;

d. An application to take an additional examination, on the date the Board receives an application packet for the additional examination, and ends on the date the Board sends an applicant a written notice of administrative completeness;

e. A license renewal application, on the date the Board receives a renewal application packet and ends on the date the Board sends an applicant a written renewal receipt;

f. A request for reinstatement of an expired license, on the date the Board receives the request for reinstatement and ends on the date the Board sends an applicant a written renewal receipt; and

g. A request for an extension in which to complete continuing education requirements, on the date the Board receives a request for extension, and ends on the date the Board sends an applicant written notice of completeness of the request.

2. If an application packet is incomplete, the Board shall send an applicant a written notice specifying the deficiencies. The administrative completeness review time-frame and the overall time-frame are suspended from the date of mailing this notice until the date the Board receives a complete application packet from the applicant. An applicant shall supply the missing information within the time specified in Table 1 from the date of the notice. If the applicant fails to do so, the Board may close the file unless the applicant requests a denial of the application within 30 days from the date of the notice.

3. If a renewal application is incomplete, the Board shall send an applicant a written notice specifying deficiencies. The administrative completeness time-frame and the overall time-frame are suspended from the date of mailing this notice until the date that the Board receives a complete application packet from the applicant.

4. When an application packet is complete, the Board shall send a written notice of administrative completeness to an applicant.

C. The substantive review time-frame described in A.R.S. § 41-1072(3) is listed in Table 1.

1. The substantive review time-frame begins for approval or denial of:

a. An application to take the national examination, on the date the Board sends an applicant written notice of administrative completeness and ends on the date the Board approves or denies the application to take the national examination;

b. An application for licensure from an applicant licensed in another jurisdiction, who is applying for an examination waiver under A.R.S. § 32-2072(A), on the date the Board sends the applicant written notice of administrative completeness and ends on the date the Board approves or denies the application;

c. An application for licensure by credential that requires substantive review, on the date the Board sends the applicant written notice of administrative completeness and ends on the date the Board approves or denies the application;

d. An application to take an additional examination, on the date the Board sends the applicant written notice of administrative completeness and ends on the date the Board approves or denies the application to take the additional examination;

e. An application for license renewal that is deficient under subsection (B)(3), on the date an applicant submits the missing information, and ends on the date the Board approves or denies the renewal application;

f. A request for reinstatement of an expired license, on the date the Board sends written notice of administrative completeness and ends on the date the Board approves or denies the request; and

g. A request for an extension in which to complete continuing education requirements, on the date the Board office sends an applicant written notice of completeness and ends on the date the Board approves or denies the request.

2. During the substantive review time-frame, the Board may make one comprehensive written request for additional information or documentation. The Board and an applicant may mutually agree in writing to allow the Board to submit supplemental requests for additional information. If the Board issues a comprehensive written request or a supplemental request for additional information by mutual written agreement, the time-frame for the Board to complete the substantive review is suspended from the date of mailing the request until the Board receives the additional information or documentation.

D. The Board shall close the file of an applicant who is approved to sit for the national examination before completion of 3,000 hours of supervised training experience and who fails to document:

1. Completion of the national examination, or

2. The minimum required amount of training within the time from the date of the Board’s approval to the date of the expiration of the time-frame specified under R4-26-210(B).

E. An applicant whose file has been closed and who later wishes to pursue licensure shall reapply and pay the applicable fee.

F. The Board shall send a written notice of approval to an applicant who meets the qualifications in A.R.S. §§ 32-2071 through 32-2076, as applicable.

G. The Board shall send a written notice of denial to an applicant who fails to meet the qualifications in A.R.S. §§ 32-2071 through 32-2076, as applicable.

H. The Board shall send a renewal receipt to an applicant who meets the requirements of A.R.S. § 32-2074 and R4-26-205.

I. The Board shall send a written notice of expiration of license to an applicant who fails to meet the requirements of A.R.S. § 32-2074 and R4-26-207. The notice of expiration is fully effective upon mailing to the applicant’s last address of record in the Board’s file.

J. If a time-frame’s last day falls on a Saturday, Sunday, or an official state holiday, the time-frame ends on the next business day.

Historical Note

Adopted effective July 27, 1979 (Supp. 79-4). Amended effective January 23, 1981 (Supp. 81-1). Amended effective July 3, 1984 (Supp. 84-4). Amended effective February 24, 1988 (Supp. 88-1). Renumbered from R4-26-127 effective July 3, 1991 (Supp. 91-3). Former Section R4-26-208 repealed; new Section R4-26-208 amended effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R. 737, effective February 19, 1999 (Supp. 99-1). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 9 A.A.R. 778, effective April 12, 2003 (Supp. 03-1). Amended by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

Table 1. Time-frames (in days) for Processing Applications

Type of

Time-frame

Statutory or Rule Authority

Administrative

Completeness Time-frame

Time to Respond to Notice of Deficiency

Substantive

Review

Time-frame

Time to Respond to Request for Additional

Information

Overall

Time-frame

Approval or denial to take the national examination

A.R.S. §§ 32-2071, 32-2071.01,
32-2072; and A.A.C. R4-26-204

30

240

90

240

120

Approval or denial of application for licensure by examination waiver

A.R.S. §§ 32-2071, 32-2071.01,
32-2072(A)

30

240

90

240

120

Approval or denial of application for licensure by credential

A.R.S. §§ 32-2071.01, 32-2072; and A.A.C.
R4-26-203.01

30

240

90

240

120

Approval or denial to take additional examination

A.R.S. §§ 32-2071, 32-2071.01,
32-2072; and A.A.C. R4-26-204

30

240

90

240

120

Approval or denial of application for renewal of license

A.R.S. § 32-2074;

A.A.C. R4-26-205

60

N/A

90

N/A

150

Approval or denial of application for reinstatement of expired license

A.R.S. § 32-2074;

A.A.C. R4-26-206

60

N/A

90

N/A

150

Approval or denial of extension for continuing education requirement

A.R.S. § 32-2074

A.A.C. R4-26-207

60

N/A

90

N/A

150

Historical Note

Table 1 adopted by final rulemaking at 5 A.A.R. 737, effective February 19, 1999 (Supp. 99-1). Amended by final rulemaking at 9 A.A.R. 778, effective April 12, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 4743, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-209. General Supervision

Under A.R.S. § 32-2071, a supervising psychologist shall not supervise a member of the psychologist’s immediate family, an individual with whom the psychologist has any substantial financial interest as defined by A.R.S. § 38-502(11), or the psychologist’s employer.

Historical Note

Adopted effective January 23, 1981 (Supp. 81-1). Renumbered from R4-26-128 and amended effective July 3, 1991 (Supp. 91-3). Former Section R4-26-209 renumbered to R4-26-208; new Section R4-26-209 adopted effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3).

R4-26-210. Internship or Training Experience

A. The Board shall use the following criteria to determine if internship or training experience complies with A.R.S. § 32-2071(D):

1. That the written statement required in A.R.S. § 32-2071(D)(9) corresponds to the training program that the applicant completed;

2. That a supervisor was available to the person being supervised when decisions were made regarding emergency psychological services provided to a client as required in A.R.S. § 32-2071(D)(2);

3. That course work used to satisfy the requirements of A.R.S. § 32-2071(A) or dissertation time is not credited toward the time required by A.R.S. § 32-2071(D)(6);

4. That the two hours a week of other learning activities required in A.R.S. § 32-2071(D)(6) includes one or more of the following:

a. Case conferences involving a case in which the trainee was actively involved,

b. Seminars involving clinical issues,

c. Co-therapy with a professional staff person including discussion,

d. Group supervision, or

e. Additional individual supervision;

5. That a training program had the trainee work with other doctoral level psychology trainees and included in the written statement required in A.R.S. § 32-2071(D)(9) a description of the program policy specifying the opportunities and resources provided to the trainee for working or interacting with other doctoral level psychology trainees in the same or other sites;

6. That time spent fulfilling academic degree requirements such as course work applied to the doctoral degree, practicum, field laboratory, dissertation, or thesis credit is not credited toward the 1,500 hours of professional experience hours required by A.R.S. § 32-2071(D). This rule does not restrict a student from participating in activities designed to fulfill other doctoral degree requirements; however, the Board shall not credit such time toward the hours required by A.R.S. § 32-2071(D); and

7. That to satisfy the first 1,500 hours required by A.R.S. § 32-2071(D), the written statement required under A.R.S. § 32-2071(D)(9) was established by the time the student began training. The Board shall not accept experience or credit for the past activities as a training program or a pre-doctoral internship.

B. Training deadlines. Under A.R.S. § 32-2072(C), an applicant approved to take the national examination before completion of the applicant’s entire 3,000 hours of supervised training experience shall complete the remaining training required within the following time-frames:

1. 36 consecutive months for an applicant who has only completed the first 1,500 hours of supervised internship training; or

2. 60 consecutive months for an applicant who has completed neither the first 1,500 hours of supervised internship training nor the second 1,500 hours of supervised postdoctoral training.

Historical Note

Adopted effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-211. Foreign Graduates

A. Under A.R.S. § 32-2071(B), an applicant for licensure whose application is based on graduation from a foreign institution of higher education shall provide the Board with documents and evidence to establish that the applicant’s formal education is equivalent to a doctoral degree in psychology from a regionally accredited institution as described in A.R.S. § 32-2071(A).

B. An applicant shall provide the following information to the Board:

1. An original and a copy of the doctoral diploma or certificate of graduation. The original shall be returned, and the copy shall be retained by the Board;

2. An official transcript or comparable document recording all course work completed, containing an original university seal;

3. A certified English translation of all documents submitted;

4. Evidence of completion of the requirements of A.R.S. § 32-2071(C), (D), and (E); and

5. Evidence that the doctoral dissertation or project was primarily psychological. The Board may require the applicant to submit the doctoral dissertation or project.

Historical Note

Adopted effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 10 A.A.R. 4743, effective January 1, 2005 (Supp. 04-4).

ARTICLE 3. REGULATION

R4-26-301. Rules of Professional Conduct

A psychologist shall practice psychology in accordance with the ethical standards contained in standards 1.01 through 10.10 of the “Ethical Principles of Psychologists and Code of Conduct” adopted by the American Psychological Association effective June 1, 2003, the provisions of which are incorporated by reference. This incorporation does not include any later amendments or editions of the incorporated matter. Copies of these standards are available from the American Psychological Association Order Department, 750 First Street, NE, Washington, DC 20002-4242 or the office of the Board of Psychologist Examiners.

Historical Note

Adopted effective July 27, 1979 (Supp. 79-4). Amended effective June 17, 1981. Amended effective June 30, 1981 (Supp. 81-3). Renumbered from R4-26-150 and amended effective July 3, 1991 (Supp. 91-3). Repealed effective March 3, 1995 (Supp. 95-1). Corrections made to text; agency filed different versions of text in original and copies; corrections reflect the original version (Supp. 95-2). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). New Section made by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-302. Informal Interviews

A. The Board shall, when investigating a complaint, send written notice of an informal interview to a licensee who is the subject of the complaint, by personal service or certified mail, return receipt requested, at least 20 days before the informal interview.

B. The written notice shall contain:

1. The time, date, place of the interview;

2. An explanation of the informal nature of the proceedings;

3. The licensee’s right to appear with or without legal counsel;

4. A statement of the allegations and issues involved;

5. The licensee’s right to a formal hearing instead of the informal interview; and

6. Notice that the Board may take disciplinary action as a result of the deliberations of the informal interview;

C. An informal interview shall proceed as follows:

1. Introduction of the licensee and, if applicable, legal counsel for the licensee;

2. Introduction of the Board members, staff, and Assistant Attorney General present;

3. Swearing in of the licensee;

4. Brief summary of the allegations and purpose of the informal interview;

5. Optional opening comments by licensee;

6. Interviewing of the licensee;

7. Swearing in of the complainant, if complainant is present and wishes to speak;

8. Optional additional comments by licensee;

9. If desired by the licensee, questioning of the complainant by the licensee through the Board Chairperson; and

10. Deliberation and deciding the case by the Board.

a. The Board Chairperson shall decide whether to allow clarifying information as defined in R4-26-101 during deliberations.

b. The Board Chairperson may reopen and repeat the steps in subsections (C)(6) through (8) if the clarifying information suggests a need for further questioning of the licensee.

Historical Note

Renumbered from R4-26-151 effective July 3, 1991 (Supp. 91-3). New Section made by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-303. Titles

A person shall not use a designation that claims a potential or future degree or qualification such as “Ph.D. (Cand),” “Ph.D. (ABD),” “License Eligible,” “Candidate for Licensure,” or “Board Eligible.” The use of a title that claims a potential or future degree or qualification is a violation of A.R.S. § 32-2061 et seq.

Historical Note

Renumbered from R4-26-151 effective July 3, 1991 (Supp. 91-3). New Section adopted effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3).

R4-26-304. Representation Before the Board by Attorney Not Admitted to State Bar of Arizona

An attorney who is not a member of the State Bar of Arizona shall not represent a party before the Board unless the attorney is admitted to practice pro hac vice before the Board under Rule 38(a) of the Arizona Rules of the Supreme Court.

Historical Note

Renumbered from R4-26-151 effective July 3, 1991 (Supp. 91-3). New Section made by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-305. Confidentiality of Investigative Materials

A. A psychologist shall not disclose confidential records as defined by R4-26-101 that are related to a Board investigation to any person or entity, other than the psychologist’s attorney, except:

1. For redacted summaries that ensure the anonymity of the client;

2. Information regarding the nature of a complaint, the processes utilized by the Board, and the outcomes of a case;

3. As required by federal or Arizona law;

4. As required by a court order compelling production; or

5. If disclosure is protected under the United States or Arizona Constitutions.

B. A psychologist who violates this Section commits an act of unprofessional conduct.

Historical Note

Renumbered from R4-26-151 effective July 3, 1991 (Supp. 91-3). New Section made by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2).

R4-26-306. Renumbered

Historical Note

Renumbered from R4-26-151 effective July 3, 1991 (Supp. 91-3).

R4-26-307. Renumbered

Historical Note

Renumbered from R4-26-151 effective July 3, 1991 (Supp. 91-3).

R4-26-308. Rehearing or Review of Decision

A. Except as provided in subsection (G), any party in a contested case or appealable agency action before the Board who is aggrieved by a Board order or decision rendered in the case may file with the Board, not later than 30 days after service of the decision, a written motion for rehearing or review of the decision specifying the particular grounds for rehearing or review. For purposes of this subsection, service is complete on personal service or five days after the date that a Board order or decision is mailed to the party’s last known address.

B. A motion for rehearing or review may be amended at any time before it is ruled upon by the Board. A party may file a response within 15 days after service of the motion or amended motion by any other party. The Board may require written briefs upon the issues raised in the motion and may provide for oral argument. A party who files pleadings or other documents with the Board shall file an original and 11 three-hole punched copies.

C. The Board may grant rehearing or review of a Board order or decision for any of the following causes materially affecting the moving party’s rights:

1. An irregularity in the administrative proceedings of the agency, its hearing officer, or the prevailing party, or any order or abuse of discretion, whereby the moving party was deprived of a fair hearing;

2. Misconduct of the Board, its hearing officer, or the prevailing party;

3. An accident or surprise that could not be prevented by ordinary prudence;

4. Newly discovered material evidence that could not with reasonable diligence be discovered and produced at the original hearing;

5. Excessive or insufficient penalties;

6. An error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing or during the progress of the case; or

7. A Board order or decision that is not justified by the evidence or is contrary to law.

D. The Board may affirm or modify a Board order or decision or grant a rehearing or review to all or any of the parties and on all or part of the issues for any of the reasons set forth in subsection (C). An order granting a rehearing or review shall specify the grounds on which the rehearing or review is granted, and the rehearing or review shall cover only those matters specified.

E. Not later than 30 days after a Board order or decision is rendered, the Board may on its own initiative order a rehearing or review of its order or decision for any reason specified in subsection (C). After giving the parties or their counsel notice and an opportunity to be heard on the matter, the Board may grant a motion for rehearing or review for a reason not stated in the motion.

F. When a motion for rehearing or review is based upon affidavits, the party shall serve the affidavits with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. The Board for good cause or by written agreement of all parties may extend for not more than 20 days the period for service of opposing affidavits. Reply affidavits are permitted.

G. If the Board finds that the immediate effectiveness of a Board order or decision is necessary for the immediate preservation of the public peace, health, and safety and that a rehearing or review of the Board order or decision is impracticable, unnecessary, or contrary to the public interest, the Board order or decision may be issued as a final order or decision without an opportunity for a rehearing or review. If a Board order or decision is issued as a final order or decision without an opportunity for rehearing or review, any application for judicial review of the order or decision shall be made within the time permitted for final orders or decisions.

H. For purposes of this Section, “contested case” is defined in A.R.S. § 41-1001 and “appealable agency action” is defined in A.R.S. § 41-1092.

Historical Note

Former Section R4-26-10 renumbered and adopted as R4-26-57 effective July 27, 1979 (Supp. 79-4). Amended subsection (c)(4) effective June 30, 1981 (Supp. 81-3). Renumbered from R4-26-157 effective July 3, 1991 (Supp. 91-3). Amended effective March 3, 1995 (Supp. 95-1). Pursuant to the advice of the Attorney General, the text of this Section now contains the text certified by the Attorney General and filed as a copy effective March 3, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3297, effective August 7, 2000 (Supp. 00-3). Amended by final rulemaking at 10 A.A.R. 4743, effective January 1, 2005 (Supp. 04-4).

ARTICLE 4. BEHAVIOR ANALYSIS

R4-26-401. Definitions

A. The definitions in A.R.S. § 32-2091 apply in this Article.

B. Additionally, in this Article:

1. “Advertising” means any media used to disseminate information regarding the qualifications of a behavior analyst in order to solicit clients for behavior analysis services, regardless of whether the behavior analyst pays for the advertising.

2. “Applicant” means an individual who applies to the Board for an initial or renewal license.

3. “BACB” means the Behavior Analyst Certification Board.

4. “Confidential information” means:

a. Minutes of an executive session of the Board except as provided under A.R.S. § 38-431.03(B);

b. A record that is classified as confidential by a statute or rule applicable to the Board;

c. Materials relating to an investigation by the Board, including a complaint, response, client record, witness statement, investigative report, and any information relating to a client’s diagnosis, treatment, or personal family life; and

d. The following regarding an applicant or licensee:

i. College or university transcripts if requested from the Board by a person other than the applicant or licensee;

ii. Home address, telephone number, and e-mail address;

iii. Test scores;

iv. Date of birth;

v. Place of birth; and

vi. Social Security number.

5. “Gross negligence” means an extreme departure from the ordinary standard of care.

6. “Inactive status” means a behavior analyst maintains a license as a behavior analyst but is prohibited from practicing behavior analysis or holding oneself out as practicing behavior analysis in Arizona.

7. “License period” means the two years between May 1 of one odd-numbered year and April 30 of the next odd-numbered year.

8. “Mitigating circumstances that prevent resolution” means factors the Board considers in reviewing allegations against an applicant or licensee of unprofessional conduct occurring in another regulatory jurisdiction when the allegations would not prohibit licensure in Arizona. The factors may include:

a. Nature of the alleged conduct,

b. Severity of the alleged conduct,

c. Recentness of the alleged conduct,

d. Actions taken by the applicant to remedy potential violations, and

e. Whether the alleged conduct was an isolated incident or part of a recurring pattern.

9. “Party” means the Board, an applicant, a licensee, or the state.

10. “Psychometric testing materials” means manuals, instruments, protocols, and questions or stimuli used in testing.

11. “Raw test data” means test scores, client responses to test questions or stimuli, and a behavior analyst’s notes and recordings concerning client statements and behavior during examination.

12. “Recognized accrediting agency” means a regional accrediting agency recognized by the U.S. Department of Education or a quality assurance or accreditation entity authorized to operate by a foreign government.

13. “Regulatory jurisdiction” means a state or territory of the United States, the District of Columbia, or a foreign country with authority to grant or deny entry into a profession or occupation.

14. “Supervised experience” means supervised work experience, independent fieldwork, university practicum, or intensive university practicum.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-402. Fees and Charges

A. As specifically authorized by A.R.S. §§ 32-2091.01(A) and 32-2091.07(B), the Board establishes and shall collect the following fees:

1. Application for an active license: $350;

2. Renewal of an active license: $500;

3. Renewal of an inactive license: $85;

4. Issuance of an initial license: $500; and

5. Reinstatement of expired license: $200.

B. As specifically authorized by A.R.S. § 32-2091.01(B), the Board establishes and shall collect the following charges for the services specified:

1. Duplicate license: $25;

2. Duplicate renewal receipt: $5;

3. Copy of the Board's statutes and rules: $5;

4. Verification of a license: $2;

5. Audio recording of a Board meeting: $10 per meeting;

6. Electronic medium containing the name and address of all licensees: $.05 per name;

7. Customized electronic medium containing the name and address of all licensees: $.25 per name;

8. Customized electronic medium: $.35 per name; and

9. Copy of Board records, letters, minutes, applications, files, policy statements, and other non-confidential documents: $.25 per page.

C. Except as provided by law, including A.R.S. § 41-1077, the fees listed in subsection (A) are not refundable.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-403. Application for Initial License

A. An individual who wishes to practice as a behavior analyst and is qualified under A.R.S. § 32-2091.02 shall submit an application form, which is available from the Board office and on its website, and provide the following information:

1. Full name;

2. Other names by which the applicant is or ever has been known;

3. Home address and telephone number;

4. Business name and address;

5. Work telephone and fax numbers;

6. E-mail address;

7. Gender;

8. Date of birth;

9. Social Security number;

10. An indication of the address and telephone number to be listed in the agency’s public directory and used in correspondence;

11. Place of birth;

12. A statement of whether the applicant:

a. Is or ever has been licensed or certified as a behavior analyst in any regulatory jurisdiction and if so, the jurisdictions and license numbers;

b. Is or ever has been certified as a behavior analyst by the BACB and if so, the date of original certification and if not, whether the applicant has ever taken the examination required under R4-26-404;

c. Is or ever has been licensed or certified in other fields or professions and if so, the name of the professions, regulatory jurisdictions, and license numbers;

d. Is or ever has been a member of a hospital staff or provider panel and if so, the name of the hospital or provider and dates of service;

e. Is or ever has been a member of a professional association and if so, the name of the professional association and dates of membership;

f. Has ever had a professional license, certification, or registration refused, revoked, suspended, or restricted in any regulatory jurisdiction for reasons relating to unprofessional conduct;

g. Has ever voluntarily surrendered a license, certification, or registration, relinquished responsibilities, resigned a position in lieu of termination, or been involuntary terminated in any regulatory jurisdiction while under investigation or in lieu of administrative proceedings for reasons relating to unprofessional conduct;

h. Has ever resigned or been terminated from a professional organization, hospital staff, or provider panel while a complaint against the applicant was investigated or adjudicated;

i. Is or ever has been under investigation by any professional organization, health care institution, provider panel of which the applicant is a member or staff, or a regulatory agency in any jurisdiction, including the Arizona Board of Psychologist Examiners, concerning the ethical propriety or legality of the applicant’s conduct and if so, the entity doing and dates of the investigation;

j. Has ever been disciplined by a regulatory agency in any jurisdiction, including the Arizona Board of Psychologist Examiners, health care institution, provider panel, or ethics panel for acts pertaining to the applicant's conduct as a behavior analyst or as a professional in any field and if so, the regulatory agency, jurisdiction, and date of discipline;

k. Has ever been convicted of, pled no contest or guilty to, entered into a diversion program to avoid prosecution, or is under indictment or awaiting trial for a felony or misdemeanor, other than a minor traffic offense, including any conviction that has been expunged, pardoned, reversed, or set aside;

l. Has ever been sued in a civil court or charged in a criminal court for an act or omission relating to practice as a behavior analyst or work under a license or certificate in another profession, or work as a member of a profession;

m. Currently uses alcohol or another drug that in any way impairs or limits the applicant’s ability to practice behavior analysis safely and competently; and

n. Has a medical, physical, or psychological condition that limits the applicant’s ability to practice behavior analysis safely and competently;

13. Name and address of every institution of higher learning attended, dates attended, degree received, name of department, and major subject area studied;

14. Title of graduate degree program;

15. Name of major advisor and department;

16. Title of thesis or dissertation, if applicable;

17. Title of specialty area, if applicable;

18. A statement of whether:

a. The graduate program completed was accredited at the time of graduation and if so, the name of the accrediting agency;

b. The applicant completed a minimum of 225 classroom hours of graduate-level instruction that meet the standards prescribed under R4-26-405; and

c. The applicant completed degree, coursework, and supervised experience after January 1, 2000, and if so, whether the applicant completed 1,500 hours of supervised experience in the practice of behavior analysis in no less than 12 months; or

d. The applicant completed degree, coursework, or supervised experience before January 1, 2000, and if so, whether:

i. The coursework or supervised experience occurred in a setting outside of a college or university program;

ii. The coursework or supervised experience was acquired after the graduate degree program and before January 1, 2000; and

iii. The applicant is certified by the BACB;

19. A list of the applicant’s supervised experience and the names of individuals the applicant has asked to complete verification forms under subsection (C);

20. A statement of whether the applicant has completed a minimum of 1,500 hours of supervised experience in behavior analysis that meets the requirements under A.R.S. § 32-2091.03;

21. A statement of whether the applicant’s supervised experience included:

a. Conducting behavioral assessment and assessment activities related to the need for behavioral interventions;

b. Designing, implementing, and monitoring behavior analysis programs for clients;

c. Overseeing the implementation of behavior analysis programs by others; and

d. Performing or participating in other activities normally performed by a behavior analyst;

22. The applicant’s signature attesting that all statements in the application are true in every respect.

B. Additionally, an applicant shall submit:

1. An original, un-retouched, passport-quality photograph that is no larger than 1.5 X 2 inches in size and taken no more than 60 days before the date of application;

2. The application fee required under R4-26-402;

3. As required under A.R.S. § 41-1080(A), the specified documentation of citizenship or alien status indicating the applicant’s presence in the U.S. is authorized under federal law; and

4. The Board’s Mandatory Confidential Information form.

C. Additionally, an applicant shall ensure that the following is submitted directly to the Board:

1. Verification that the applicant has passed the examination referenced in R4-26-404 submitted by the BACB;

2. Verification of supervised experience submitted by an individual with direct knowledge of the supervised work experience, independent fieldwork, university practicum, or intensive university practicum;

3. Official transcripts from all graduate institutions attended submitted by the institutions; and

4. Verification of licensure, certification, or registration by another regulatory jurisdiction submitted by the regulatory jurisdiction.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-404. License Examination

A. To be licensed as a behavior analyst in Arizona, an individual shall take and pass the examination administered by the BACB as part of its certification process.

B. An individual who fails the BACB examination three times, regardless of jurisdiction, shall not take the examination again until the individual complies with additional requirements that the Board specifies based on an assessment of the knowledge and skill inadequacies causing the individual to fail.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-405. Coursework Requirement

A. As required under A.R.S. § 32-2091.03(A)(3), an applicant for licensure shall complete, as part of or in addition to the coursework necessary to obtain the graduate degree required under A.R.S. § 32-2091.03(A)(1), 225 classroom hours of graduate-level instruction. The applicant shall ensure that the classroom hours include the following content areas:

1. Ethical and professional conduct: 15 hours;

2. Definitions and characteristics; principles, processes, and concepts: 45 hours:

3. Behavioral assessment; selecting intervention outcomes and strategies: 30 hours;

4. Experimental evaluation of interventions: 20 hours;

5. Measurement of behavior; displaying and interpreting behavioral data: 20 hours;

6. Behavioral change procedures; systems support: 45 hours; and

7. Discretionary content related to behavior analysis: 50 hours.

B. The Board shall accept only classroom hours of graduate-level instruction taken at an institution accredited by a recognized accrediting agency.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-406. Ethical Standard

The Board incorporates by reference BACB Guidelines for Responsible Conduct for Behavior Analysts, July 2010, published by the BACB and available for review at the Board office and online at www.BACB.com. The incorporated material includes no later editions or amendments.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-407. License by Reciprocity

An individual who is licensed or certified as a behavior analyst in another state may apply for an initial license as a behavior analyst in Arizona by complying with R4-26-403 and submitting evidence that the individual:

1. Obtained a graduate degree from an institution of higher learning accredited by a recognized accrediting agency;

2. Completed a minimum of 1,500 hours of supervised experience;

3. Completed a minimum of 225 classroom hours of graduate-level instruction in the content areas listed in R4-26-405; and

4. Passed the examination referenced in R4-26-404.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-408. License Renewal

A. A license issued by the Board, whether active or inactive, expires on May 1 of every odd-numbered year unless renewed.

B. The Board shall provide a licensee with 60 days notice of the license renewal deadline. Failure to receive the notice does not excuse failure to renew timely.

C. To renew a license, a licensee shall, on or before April 30 of every odd-numbered year, submit to the Board a renewal application form, which is available from the Board office and on its website, and provide the following information:

1. License number;

2. Name;

3. Other names by which the licensee is or ever has been known;

4. Home address and telephone number;

5. Business name and address;

6. Work telephone and fax number;

7. E-mail address;

8. Date of birth;

9. Social Security number;

10. BACB certificate number:

11. A statement of whether the licensee:

a. Is in compliance with or exempt from the requirements of A.R.S. § 32-3211 regarding secure storage, transfer, and access of patient records and if not, explain;

b. Is currently licensed or certified as a behavior analyst in any regulatory jurisdiction other than Arizona and if so, the jurisdictions and license numbers;

c. Is currently licensed or certified in other fields or professions and if so, the name of the professions, regulatory jurisdictions, and license numbers;

d. Is a member of a hospital staff or provider panel and if so, the name of the hospital or provider;

e. Is currently a member of a professional association and if so, the name of the professional association;

f. Has, during the last license period, had a professional license, certification, or registration refused, revoked, suspended, or restricted in any regulatory jurisdiction for reasons relating to unprofessional conduct;

g. Has, during the last license period, voluntarily surrendered a license, certification, or registration, relinquished responsibilities, resigned a position in lieu of termination, or been involuntary terminated in any regulatory jurisdiction while under investigation or in lieu of administrative proceedings for reasons relating to unprofessional conduct;

h. Has, during the last license period, resigned or been terminated from a professional organization, hospital staff, or provider panel while a complaint against the licensee was investigated or adjudicated;

i. Has, during the last license period, been investigated by any professional organization, health care institution, provider panel of which the licensee is a member or staff, or a regulatory agency in any jurisdiction, including the Arizona Board of Psychologist Examiners, concerning the ethical propriety or legality of the licensee's conduct and if so, the entity doing and dates of the investigation;

j. Has, during the last license period, been disciplined by a regulatory agency in any jurisdiction, including the Arizona Board of Psychologist Examiners, health care institution, provider panel, or ethics panel for acts pertaining to the licensee's conduct as a behavior analyst or as a professional in any field and if so, the regulatory agency, jurisdiction, and date of discipline;

k. Has, during the last license period, been convicted of, pled no contest or guilty to, entered into a diversion program to avoid prosecution, or is under indictment or awaiting trial for a felony or misdemeanor, other than a minor traffic offense, including any conviction that has been expunged, pardoned, reversed, or set aside;

l. Has, during the last license period, been sued in a civil court or charged in a criminal court for an act or omission relating to practice as a behavior analyst or work under a license or certificate in another profession, or work as a member of a profession;

m. Currently uses alcohol or another drug that in any way impairs or limits the licensee’s ability to practice behavior analysis safely and competently; and

n. Has a medical, physical, or psychological condition that limits the licensee’s ability to practice behavior analysis safely and competently;

12. An indication whether the licensee is requesting an active license, voluntary inactive license, or medical inactive license;

13. An attestation that the licensee is in compliance with the continuing education requirement specified in R4-26-409; and

14. The licensee’s signature attesting that the information provided is true in every respect.

D. Additionally, to renew a license, a licensee shall submit:

1. The license renewal fee required under R4-26-402;

2. If the documentation previously submitted under R4-26-403(B)(3) was a limited form of work authorization issued by the federal government, evidence that the work authorization has not expired; and

3. The Board’s Mandatory Confidential Information form.

E. If a completed application is timely submitted under subsections (C) and (D) to renew an active license, the licensee may continue to practice behavior analysis under the active license until notified by the Board that the application for renewal has been approved or denied. If the Board denies license renewal, the licensee may continue to practice behavior analysis until the last day for seeking review of the Board's decision or a later date fixed by a reviewing court.

F. Under A.R.S. § 32-2091.07, the license of a licensee who fails to submit a renewal application on or before April 30 of an odd-numbered year expires and the licensee shall immediately stop practicing as a behavior analyst in Arizona.

G. A behavior analyst whose license expires under subsection (F) may have the license reinstated by submitting the following to the Board on or before June 30 of the year in which the license expired:

1. The license renewal application required under subsection (C) and the document required under subsection (D)(2),

2. A sworn affidavit that the applicant has not practiced as a behavior analyst in Arizona since the applicant’s license expired, and

3. The license renewal and license reinstatement fees.

H. A behavior analyst whose license expires under subsection (F) and who fails to have the license reinstated under subsection (G) may have the license reinstated by:

1. Complying with subsections (G)(1) through (3) on or before the following April 30th, and

2. Providing proof of competency and qualifications to the Board.

I. A behavior analyst whose license expires under subsection (F) and who fails to have the license reinstated under subsection (G) or (H) may be licensed again only by complying with R4-26-403.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-409. Continuing Education Requirement

A. A licensee shall complete a minimum of 30 hours of continuing education during each license period. A licensee shall ensure that at least four hours of continuing education addresses ethics.

B. During a licensee’s first license period, the licensee shall complete a pro-rated number of continuing education hours. To determine the number of continuing education hours required during the first license period, the licensee shall multiply the number of whole months from the month of license issuance to the end of the license period by 1.25.

C. A licensee shall ensure that each continuing education program provides the necessary understanding of current developments, skills, or procedures related to the practice of behavior analysis. The following provide the necessary understanding of current developments, skills, or procedures related to the practice of behavior analysis:

1. Continuing education programs offered by a BACB-approved provider: One hour of continuing education for each hour of participation;

2. Courses that directly relate to behavior analysis and are provided by an accredited educational institution: 15 hours of continuing education for each semester hour completed and 10 hours of continuing education for each quarter hour completed;

3. Self-study, online, or correspondence course that is directly related to behavior analysis and offered by BACB-approved provider or approved or offered by an accredited educational institution: Hours of continuing education determined by the course provider;

4. Teaching a continuing education program offered by a BACB-approved provider or approved or offered by an accredited educational institution: One hour of continuing education for each hour taught;

5. Credentialing activities approved for continuing education by the BACB: One hour of continuing education for each hour of participation;

6. Publication of a peer-reviewed article or text book on the practice of behavior analysis: 15 hours of continuing education; and

7. Attending a Board meeting: Two hours for attending a morning or afternoon session of a Board meeting and four hours for attending a full-day Board meeting.

D. The number of hours of continuing education is limited as follows:

1. No more than 25 percent of the required hours may be obtained from teaching a continuing education program or course under subsection (C)(4). A licensee shall not obtain continuing education hours for teaching the same continuing education program or course more than two times during each licensing period. A licensee shall earn no continuing education hours for participating as a member of a panel at a continuing education program or course;

2. No more than 25 percent of the required hours may be obtained from continuing education under subsections (C)(3) and (5).

3. No more than six of the required hours may be obtained under subsection (C)(7). Hours obtained under subsection (C)(7) may be used to complete the ethics requirement under subsection (A).

4. Hours obtained in excess of the minimum required during a license period shall not be carried over to a subsequent license period.

E. A licensee shall obtain a certificate or other evidence of attendance from the provider of each continuing education program or course attended that includes the following:

1. Name of the licensee;

2. Title of the continuing education;

3. Name of the continuing education provider;

4. Date, time, and location of the continuing education; and

5. Number of hours of continuing education obtained.

F. A licensee shall maintain the evidence of attendance described in subsection (E) for two licensing periods and make the evidence available to the Board upon request.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-410. Voluntary Inactive Status

A. A licensed behavior analyst may request that the Board place the license on inactive status for one of the following reasons:

1. The behavior analyst no longer provides behavior analysis services in Arizona,

2. The behavior analyst is retired, or

3. The behavior analyst is physically or mentally incapacitated or otherwise disabled.

B. To place a license on inactive status, a licensee shall comply with R4-26-408.

C. To remain licensed, a licensee on inactive status shall comply with R4-26-408 on or before April 30 of every odd-numbered year.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-411. License Reinstatement

A licensee seeking reinstatement from an inactive to an active license shall:

1. Comply with the provisions of R4-26-408(C) and (D);

2. Submit evidence of completing a pro-rated number of hours of continuing education. The licensee shall calculate the number of continuing education hours required by multiplying the number of whole months that the license was on inactive status by 1.25; and

3. Complete any other requirements the Board determines are necessary to ensure that the licensee has maintained and updated the licensee's ability to practice as a behavior analyst.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-412. Client Records

A. A licensee shall not condition release of a client’s record on payment for services by the client or a third party.

B. A licensee shall release a client’s raw test data to another licensed behavior analyst only after obtaining the client’s informed, written consent to the release. Without a client’s informed, written consent, a licensee shall release the client’s raw test data only to the extent required by law or under court order compelling production.

C. A licensee shall retain all client records under the licensee’s control for at least six years from the date of the last client activity. If a client is a minor, the licensee shall retain the client’s record for at least three years past the client’s 18th birthday or six years from the date of the last client activity, whichever is longer.

D. Audio or video tapes created primarily for training or supervisory purposes are exempt from the requirement of subsection (C).

E. A licensee who is notified by the Board or municipal, state, or federal officials of an investigation or pending case shall retain all records relating to the investigation or case until the licensee receives written notice that the investigation is complete or the case is closed.

F. A licensee may retain client records in electronic form. The licensee shall ensure that client records in electronic form are stored securely and a backup copy is maintained.

G. The provisions of this Section apply to all licensees including those on inactive status.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-413. Change of Name, Mailing Address, E-mail Address, or Telephone Number

A. The Board shall communicate with a licensee using the contact information provided to the Board. To ensure timely communication from the Board, a licensee shall notify the Board, in writing, within 30 days of any change of name, mailing address, e-mail address, or residential or business telephone number.

B. A licensee who reports a name change shall submit to the Board legal documentation that explains the name change.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-414. Complaints and Investigations

A. Anyone, including the Board, may file a complaint. A complainant shall ensure that a complaint filed with the Board involves:

1. An individual licensed under this Article; or

2. An individual, including an applicant, believed to be engaged in the unlicensed practice of behavior analysis.

B. Complaint requirements. A complainant shall:

1. Submit the complaint to the Board in writing; and

2. Provide the following information:

a. Name and business address of licensee or other individual who is the subject of complaint;

b. Name and address of complainant;

c. Allegations constituting unprofessional conduct;

d. Details of the complaint with pertinent dates and activities;

e. Whether the complainant has contacted any other organization regarding the complaint; and

f. Whether complainant has contacted the licensee or other individual concerning the complaint and if so, the response, if any.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-415. Informal Interview

A. As authorized by A.R.S. § 32-2091.09(H), the Board may facilitate investigation of a complaint by conducting an informal interview. The Board shall send written notice of an informal interview to the individual who is the subject of the complaint, by personal service or certified mail, return receipt requested, at least 30 days before the informal interview.

B. The Board shall ensure that the written notice of informal interview contains the following information:

1. The time, date, and place of the informal interview;

2. An explanation of the informal nature of the proceedings;

3. The individual’s right to appear with legal counsel who is authorized to practice law in Arizona or without legal counsel;

4. A statement of the allegations and issues involved with a citation to relevant statutes and rules;

5. The individual’s right to a formal hearing under A.R.S. Title 41, Chapter 6, Article 10 instead of the informal interview;

6. The licensee’s right, as specified in A.R.S. § 32-3206, to request a copy of information the Board will consider in making its determination; and

7. Notice that the Board may take disciplinary action as a result of the informal interview if it finds the individual violated A.R.S. Title 32, Chapter 19.1, Article 4, or this Article;

C. The Board shall ensure that an informal interview proceeds as follows:

1. Introduction of the respondent and, if applicable, the complainant, any other witnesses, and legal counsel for the respondent;

2. Introduction of the Board members, staff, and Assistant Attorney General present;

3. Swearing in of the respondent, complainant, and witnesses;

4. Brief summary of the allegations and purpose of the informal interview;

5. Optional opening comment by the respondent and complainant;

6. Questioning of the respondent and witnesses by the Board;

7. Questioning of the complainant by the respondent through the Chair;

8. Optional additional comments by the respondent and complainant; and

9. Deliberation by the Board.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-416. Rehearing or Review of Decision

A. The Board shall provide for a rehearing and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10.

B. Except as provided in subsection (H), a party is required to file a motion for rehearing or review of a decision of the Board to exhaust the party’s administrative remedies.

C. A party may amend a motion for rehearing or review at any time before the Board rules on the motion.

D. The Board may grant a rehearing or review for any of the following reasons materially affecting a party’s rights:

1. Irregularity in the proceedings of the Board or any order or abuse of discretion that deprived the moving party of a fair hearing;

2. Misconduct of the Board, its staff, or an administrative law judge;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

5. Excessive or insufficient penalty;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings; and

7. The findings of fact or a decision is not justified by the evidence or is contrary to law.

E. The Board may affirm or modify a decision or grant a rehearing or review to all or some of the parties on all or some of the issues for any of the reasons listed in subsection (D). An order modifying a decision or granting a rehearing or review shall specify with particularity the grounds for the order. If a rehearing or review is granted, the rehearing or review shall cover only the matters specified in the order.

F. Within 30 days after the date of a decision and after giving the parties notice and an opportunity to be heard, the Board may, on its own initiative, order a rehearing or review of its decision for any reason it might have granted a rehearing or review on motion of a party. The Board may grant a motion for rehearing or review, timely served, for a reason not stated in the motion. An order granting a rehearing or review shall specify with particularity the grounds on which the rehearing or review is granted.

G. When a motion for rehearing is based upon affidavits, they shall be served with the motion. An opposing party may, within 15 days after service, serve opposing affidavits.

H. If, in a particular decision, the Board makes a specific finding that the immediate effectiveness of the decision is necessary for preservation of the public health, safety, or welfare and that a rehearing or review of the decision is impracticable, unnecessary, or contrary to the public interest, the decision may be issued as a final decision without an opportunity for a rehearing or review.

I. An application for judicial review of any final Board decision may be made under A.R.S. § 12-901 et seq.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-417. Licensing Time-frames

A. For the purpose of A.R.S. § 41-1073, the Board establishes the following time-frames:

1. Initial license.

a. Overall time-frame: 120 days,

b. Administrative completeness review time-frame: 30 days, and

c. Substantive review time-frame: 90 days; and

2. Renewal license.

a. Overall time-frame: 150 days,

b. Administrative completeness review time-frame: 60 days, and

c. Substantive review time-frame: 90 days; and

B. An applicant and the Executive Director of the Board may agree in writing to extend the substantive review and overall time-frames by no more than 25% of the overall time-frame.

C. The administrative completeness review time-frame begins when the Board receives the application materials required under R4-26-403 or R4-26-408(C) and (D). During the administrative completeness review time-frame, the Board shall notify the applicant that the application is either complete or incomplete. If the application is incomplete, the Board shall specify in the notice what information is missing.

D. An applicant whose application is incomplete shall submit the missing information to the Board within 240 days for an initial license. Both the administrative completeness review and overall time-frames are suspended from the date of the Board’s notice under subsection (C) until the Board receives all of the missing information.

E. Upon receipt of all missing information, the Board shall notify the applicant that the application is complete. The Board shall not send a separate notice of completeness if the Board grants or denies a license within the administrative completeness review time-frame listed in subsection (A)(1)(b) or (A)(2)(b).

F. The substantive review time-frame begins on the date of the Board’s notice of administrative completeness.

G. If the Board determines during the substantive review that additional information is needed, the Board shall send the applicant a comprehensive written request for additional information.

H. An applicant who receives a request under subsection (G) shall submit the additional information to the Board within 240 days. Both the substantive review and overall time-frames are suspended from the date of the Board’s request until the Board receives the additional information.

I. An applicant may receive a 30-day extension of the time provided under subsection (D) or (H) by providing written notice to the Board before the time expires. If an applicant fails to submit to the Board the missing or additional information within the time provided under subsection (D) or (H) or the time as extended, the Board shall close the applicant’s file. To receive further consideration, a person whose file is closed shall re-apply.

J. Within the overall time-frame listed in subsection (A), the Board shall:

1. Grant a license if the Board determines that the applicant meets all criteria required by statute and this Article; or

2. Deny a license if the Board determines that the applicant does not meet all criteria required by statute and this Article.

K. If the Board grants a license under subsection (J)(1), the Board shall send the applicant a notice explaining that the Board shall issue the license only after the applicant pays the license issuance fee specified under R4-26-402 and pro-rated as prescribed under A.R.S. § 32-2091.07(A).

L. If the Board denies a license, the Board shall send the applicant a written notice explaining:

1. The reason for denial, with citations to supporting statutes or rules;

2. The applicant’s right to appeal the denial by filing an appeal under A.R.S. Title 41, Chapter 6, Article 10;

3. The time for appealing the denial; and

4. The applicant’s right to request an informal settlement conference.

M. If a time-frame’s last day falls on a Saturday, Sunday, or official state holiday, the next business day is the time-frame’s last day.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

R4-26-418. Mandatory Reporting Requirement

A. As required by A.R.S. § 32-3208, an applicant or licensee who is charged with a misdemeanor involving conduct that may affect client safety or a felony shall provide written notice of the charge to the Board within 10 days after the charge is filed.

B. A list of reportable misdemeanors is available on the Board’s website.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).

 


Scott Cancelosi
Director
Public Services Division

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Arizona Administrative Code