A. In connection with an investigation conducted pursuant to this article, at all reasonable times the board and its authorized agents may examine and copy documents, reports, records and other physical evidence wherever located relating to the licensee’s professional competence, unprofessional conduct or mental or physical ability to safely practice behavior analysis.

Terms Used In Arizona Laws 32-2091.10

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • 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 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

  • 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.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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. The board and its authorized agents may issue subpoenas to compel the attendance and testimony of witnesses and the production of documents and other physical evidence as prescribed in subsection A. The board may petition the superior court to enforce a subpoena.

C. Within five days of receiving a subpoena, a person may petition the board to revoke, limit or modify the subpoena. The board shall take this action if it determines that the evidence demanded is not relevant to the investigation. The person may petition the superior court for this relief without first petitioning the board.

D. A person appearing before the board or its authorized agents may be represented by an attorney.

E. Documents associated with an investigation are not open to the public and shall remain confidential. Documents may not be released without a court order compelling their production.

F. This section or any other provision of law making communications between a behavior analyst and client privileged does not apply to an investigation conducted pursuant to this article. The board, its employees and its agents shall keep in confidence the names of clients whose records are reviewed during an investigation.