Meeting notes for AZBBHE Updates and Q&A with Tobi August 27, 2025 Facilitated by Keith A Cross, Ph.D. of The Prescott Relationship Center

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Sexual Relationships with Clients – Criminal Reporting

Engaging in a sexual relationship with a current client is a criminal felony.
Clients are often unaware that such relationships are prohibited; they are in a vulnerable position and often don’t know to make a report.
In most cases, it is the client’s new therapist who identifies the situation and files the report.
ARS § 32‑3251(16)(v): prohibits sexual contact with a client under any circumstances, regardless of how much time has passed since the therapeutic relationship ended.
Legal statutes supersede ethical codes—compliance with the law takes priority.

Contacting Tobi Zavala (AZBBHE Executive Director)

Tobi is approachable and open to contact if you have concerns or believe you’ve made a mistake.
Reaching out for clarification does not automatically trigger a Board action.
Licensees do not need to feel “protected from the Board.”
The Board’s approach is generally supportive and fair, but takes action when there is an “egregious” violation.
Tobi is responsive to email. Contact: Tobi.Zavala@azbbhe.us.

Licensing Applications & Trends

Applications increased from 2,368 in 2020 to 4,121 in 2024.
According to Tobi, the primary driver of this growth is the rise of telehealth.
65% of all licenses are independent licenses.
There are currently about 3,090 clinical supervisors in Arizona.

LCSW Exam Eligibility & New Law

Licensed Clinical Social Worker (LCSW) candidates in Arizona may now test immediately, without having to wait for their full application to be processed.
This change is due to a new process implemented effective May 13, 2025, wherein the Arizona Board of Behavioral Health Examiners automatically approves exam eligibility for applicants upon receipt of their application materials, facilitating immediate testing authorization.

HB2001 – Post-Graduation Exemption (Effective 9/26/2025)

Board does not regulate this exemption directly.
Effective date: September 26, 2025.
The Board still must wait for an official transcript before issuing a license.
Concern: continuity of care is hindered during the gap between graduation and licensure.
Exemption details:

A graduate may continue working if a good-faith application has been submitted.
The graduate must remain at the same practicum site and under the same supervisor.
Hours acquired during this period can count toward licensure.
The exemption applies beginning the day of graduation.

The intent is to avoid unnecessary delays while encouraging prompt submission of applications.

Continuing Education (CE) Audits

The Board conducts random audits on 5% of licensees.
Licensees must retain CE certificates for 24 months after completion.
Best practice: upload CE certificates for easy recordkeeping.
Fraudulent CE hours are taken seriously and can result in the loss of licensure.

· CEU4Less means “for less.” It’s important to focus on quality CE credits—rather than waiting until the day before renewal to complete them all through this site.

AI in Counseling Practice

The Board will not take an official stance on AI use at this time.
However, providers must include AI usage in informed consents.
Recommended to establish a clear agency policy regarding AI use.
Cautions:

Avoid excessive “copy and pasting” when using AI tools.
Be cautious about clients recording sessions and later using that material to train AI.
A client once requested to bring an “AI partner” (an AI-generated avatar acting as a romantic partner) into sessions.

Resources: Tobi referenced NBCC and ACA best practices as guidance.
The use of AI is considered a scope of competency issue—therapists must ensure they are adequately trained and competent if integrating AI into practice.

Best Practices for New Areas of Specialization

Common language: “Education, training, and experience” (sometimes also includes supervision).
Before practicing in a new specialization, clinicians must demonstrate competence in all three areas.
A short workshop (e.g., a 3-hour training) is not sufficient to establish competency.
To expand into a new area, pursue a recognized certification.
In addition, seek supervision and consultation to ensure competence and ethical practice.

Professional Compacts & Conferences

Interstate Compacts:

Discussion included the Social Work Compact and the Counseling Compact.
For reference: Counseling Compact.
Historical note: the driver’s license system was the first model of a professional “compact.”

Upcoming Events:

The Arizona Counselors Association (AzCA) Conference is coming up.
Details: AzCA Conference Information

Associates, Independent Contractors, and IRS Classification

Associates may work as 1099 contractors.
A 1099 is not an employee; they are legally an independent contractor.
If associates are working within your practice, that arrangement is not considered a Supervisory Practice Plan (SPP).
The Board does not provide guidance on IRS classifications—this is strictly an IRS matter.

Ethical Decision-Making

Clinicians are encouraged to use an ethical decision-making tree when facing complex or ambiguous situations.
These decision-making tools should not be included in clinical records.
In Board reviews, one of the most common questions asked is:

“How did you come to make this decision?”

Resource recommended: ACA Ethical Decision-Making Model (PDF)

Texting & Client Communication

Texting clients outside of session is considered a boundary issue.
Texting should be used only for scheduling/admin purposes.
Do not use emojis with clients—maintain professional communication. Emojis may be easily misinterpreted and can blur professional boundaries.
Text messages are considered part of the clinical record.
Even cancellation and rescheduling texts should be documented.
All communication with clients must be documented in the client’s chart.
Informed Consent: include a specific section on texting purposes to clarify the function of email/texting communications.

Documentation Best Practices

Harassment toward yourself as the clinician should always be documented in the client’s record.
DCS (Department of Child Safety) calls must also be documented.
General principle: “Document or it didn’t happen.”

Client Involvement in Disciplinary Complaints

Clients are not involved in Board disciplinary complaints unless they are the original complainant.
We must respect client autonomy when it comes to making reports. If a client does not disclose or identify the therapist involved, we are not able to file a report on their behalf.

Supervisor Responsibility

Supervisors are not automatically responsible for the conduct of their supervisees.
Accountability applies if the supervisor is:

Knowingly aware of misconduct and fails to act, or
Demonstrates poor judgment in supervision.

Limits of Counselor Authority

Clinicians do not have the authority to “psychologically disable” someone.
Clinicians should not write advocacy or authorization letters themselves.
This includes completing paperwork for disability claims, FMLA, or Emotional Support Animal (ESA) letters.

Example: A complaint was filed against a provider who was mass-writing ESA letters.

These determinations fall outside the counselor’s scope of practice and are handled by other licensed professionals or systems.
Within scope: Counselors may provide documentation or treatment summaries to a medical professional, indicating that a client meets relevant diagnostic or clinical criteria (e.g., supporting gender-affirming care).

License Reinstatement After Expiration

There is a 90‑day window after a license expires during which you may submit a reinstatement application—but you may not practice until your license has actually been reinstated.
This period is not a practice grace period; submitting the application does not grant you authorization to provide services.
The statutory authority for this is found in A.R.S. § 32‑3277, which states: "The board may reinstate an expired license if the person submits an application for reinstatement within ninety days after the expiration of the license." (Arizona Revised Statutes)

Change of Contact Information (Board Portal)

Licensees must update their contact information with the Board within 30 days of any change.
This includes changes to your personal residence and/or work address.
Updates are completed through the Board portal.

Supervision Notes

Responsibility: Supervision notes are the responsibility of the supervisor—not the supervisee.
Having supervisees write the note is not consistent with Board expectations.
Unsigned supervision sessions do not count toward required supervision hours.
Best practice: supervisors should author and sign all notes to ensure accuracy, accountability, and compliance with Board rules.

Supervisor–Supervisee Relationship

The relationship with supervisees must remain strictly professional.
Supervisors hold a position of authority and responsibility, which requires maintaining clear boundaries at all times.

Attending Personal Events

Supervisors and clinicians are advised not to attend clients’ or supervisees’ weddings, graduations, or similar personal events.
Such attendance is considered outside the scope of practice and may compromise professional boundaries.
If invited, it is appropriate to politely decline—you can even “blame it on the Board” as the reason.

Common Complaints & Professional Boundaries

Soliciting client reviews:

Clients are in a vulnerable position.
Do not ask clients to leave reviews (Google, Yelp, etc.).

Selling products to clients:

Avoid selling items in the lobby or practice space for clients to purchase.
This may be perceived as exploitation or dual relationship.

Alternative for reviews:

The best way to obtain Google reviews is from professional peers.
It is acceptable to ask colleagues to exchange reviews if they feel comfortable.

Records & Documentation in Complaints

Client records are always subpoenaed when a complaint is filed.
Ensure that all required elements of documentation are present and complete.
Clinicians are rarely disciplined for documentation issues alone.
The Board’s primary focus is whether the issue resulted in harm to the client.

Informed Consent – Upcoming Rule Changes

Under the new rules, clinicians will not be required to sign the informed consent.
In telehealth practice, informed consent may be obtained verbally.
However, it remains best practice to use a written informed consent due to the depth and amount of information covered.

Boundaries Between Coaching & Counseling

Clear boundaries must be maintained between therapy and coaching services.
A therapy client can never transition into a coaching client, and a coaching client can never transition into a therapy client.
Mixing these roles creates dual relationships and blurs professional boundaries, which can place the clinician at risk of an ethical or board complaint.

Board Complaints – Outcomes