Arizona Laws 32-2091.09. Grounds for disciplinary action; duty to report; immunity; proceedings; board action; notice requirements; civil penalty
A. The board on its own motion may investigate evidence that appears to show that a behavior analyst is incompetent as a behavior analyst, guilty of unprofessional conduct or mentally or physically unable to safely engage in the practice of behavior analysis. A health care institution shall, and any other person may, report to the board information that appears to show that a behavior analyst is incompetent as a behavior analyst, guilty of unprofessional conduct or mentally or physically unable to safely engage in the practice of behavior analysis. The board shall notify the licensee about whom information has been received as to the content of the information within one hundred twenty days after receiving the information. A person who reports or provides information to the board in good faith is not subject to an action for civil damages. The board, if requested, shall not disclose the name of the person providing information unless this information is essential to proceedings conducted pursuant to this section. The board shall report a health care institution that fails to report as required by this section to the institution’s licensing agency.
Terms Used In Arizona Laws 32-2091.09
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Behavior analysis: means the design, implementation and evaluation of systematic environmental modifications by a behavior analyst to produce socially significant improvements in human behavior based on the principles of behavior identified through the experimental analysis of behavior. See Arizona Laws 32-2091
- Behavior analysis services: means the use of behavior analysis to assist a person to learn new behavior, increase existing behavior, reduce existing behavior and emit behavior under precise environmental conditions. See Arizona Laws 32-2091
- Behavior analyst: means a person who is licensed pursuant to this article to practice behavior analysis. See Arizona Laws 32-2091
- Board: means the state board of psychologist examiners. See Arizona Laws 32-2061
- Client: means :
(a) A person or entity that receives behavior analysis services. See Arizona Laws 32-2091
- Committee on behavior analysts: means the committee established by Section 32-2091. See Arizona Laws 32-2061
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Health care institution: means a facility that is licensed pursuant to Title 36, Chapter 4, Article 1. See Arizona Laws 32-2091
- Incompetent as a behavior analyst: means that a person who is licensed pursuant to article 4 of this chapter lacks the knowledge or skills of a behavior analyst to a degree that is likely to endanger the health of a client. See Arizona Laws 32-2091
- Letter of concern: means an advisory letter to notify a licensee that while there is insufficient evidence to support disciplinary action the board believes the licensee should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in action against the license. See Arizona Laws 32-2091
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Unprofessional conduct: includes the following activities, whether occurring in this state or elsewhere:
(a) Obtaining a fee by fraud or misrepresentation. See Arizona Laws 32-2091
B. A health care institution shall inform the board if the privileges of a licensee to practice in that institution are denied, revoked, suspended or limited because of actions by the licensee that appear to show that the person is incompetent as a behavior analyst, guilty of unprofessional conduct or mentally or physically unable to safely engage in the practice of behavior analysis, along with a general statement of the reasons that led the health care institution to take this action. A health care institution shall inform the board if a licensee under investigation resigns the licensee’s privileges or if a licensee resigns in lieu of disciplinary action by the health care institution. Notification must include a general statement of the reasons for the resignation.
C. The board may require the licensee to undergo any combination of mental, physical or psychological competence examinations at the licensee’s expense and shall conduct investigations necessary to determine the competence and conduct of the licensee.
D. Except as provided in subsection E of this section, the committee on behavior analysts shall review all complaints against behavior analysts and, based on the information provided pursuant to subsection A or B of this section, shall submit its recommendations to the full board.
E. If the board finds, based on the information it receives under subsection A or B of this section, that the public health, safety or welfare requires emergency action, the board may order a summary suspension of a license pending proceedings for revocation or other action. If the board issues this order, the board shall serve the licensee with a written notice of complaint and formal hearing pursuant to Title 41, Chapter 6, Article 10, setting forth the charges made against the licensee and the licensee’s right to a formal hearing before the board or an administrative law judge within sixty days. The board shall notify the committee on behavior analysts of any action taken pursuant to this subsection.
F. If the board finds that the information provided pursuant to subsection A or B of this section is not of sufficient seriousness to merit direct action against the licensee, the board may take any of the following actions:
1. Dismiss if the board believes the information is without merit.
2. File a letter of concern.
3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
G. If the board believes the information provided pursuant to subsection A or B of this section is or may be true, the board may request an informal interview with the licensee. If the licensee refuses to be interviewed or if pursuant to an interview the board determines that cause may exist to revoke or suspend the license, the board shall issue a formal complaint and hold a hearing pursuant to Title 41, Chapter 6, article 10. If as a result of an informal interview or a hearing the board determines that the facts do not warrant revocation or suspension of the license, the board may take any of the following actions:
1. Dismiss if the board believes the information is without merit.
2. File a letter of concern.
3. Issue a decree of censure.
4. Fix a period and terms of probation best adapted to protect the public health and safety and to rehabilitate or educate the licensee. Probation may include temporary suspension for not more than twelve months, restriction of the license or restitution of fees to a client resulting from violations of this article. If a licensee fails to comply with a term of probation, the board may file a complaint and notice of hearing pursuant to Title 41, Chapter 6, Article 10 and take further disciplinary action.
5. Enter into an agreement with the licensee to restrict or limit the licensee’s practice or activities in order to rehabilitate the licensee, protect the public and ensure the licensee’s ability to safely engage in the practice of behavior analysis.
6. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
H. If the board finds that the information provided pursuant to subsection A or B of this section warrants suspension or revocation of a license, the board shall hold a hearing pursuant to title 41, chapter 6, article 10. Notice of a complaint and hearing is fully effective by mailing a true copy to the licensee’s last known address of record in the board’s files. Notice is complete at the time of its deposit in the mail.
I. The board may impose a civil penalty of at least $300 but not more than $3,000 for each violation of this article or a rule adopted under this article. The board shall deposit, pursuant to sections 35-146 and 35-147, all monies it collects from civil penalties pursuant to this subsection in the state general fund.
J. If the board determines after a hearing that a licensee has committed an act of unprofessional conduct, is mentally or physically unable to safely engage in the practice of behavior analysis or is incompetent as a behavior analyst, the board may do any of the following in any combination and for any period of time it determines necessary:
1. Suspend or revoke the license.
2. Censure the licensee.
3. Place the licensee on probation.
K. A licensee may submit a written response to the board within thirty days after receiving a letter of concern. The response is a public document and shall be placed in the licensee’s file.
L. A letter of concern is a public document and may be used in future disciplinary actions against a licensee. A decree of censure is an official action against the behavior analyst’s license and may include a requirement that the licensee return fees to a client.
M. Except as provided in Section 41-1092.08, subsection H, a person may appeal a final decision made pursuant to this section to the superior court pursuant to Title 12, Chapter 7, Article 6.
N. If during the course of an investigation the board determines that a criminal violation may have occurred involving the delivery of behavior analysis services, it shall inform the appropriate criminal justice agency.