Arizona Board of Behavioral Health Examiners Attorney 

If you have received notice that a complaint was filed with the Arizona Board of Behavioral Health Examiners (“AZBBHE” or “BBHE”), learned that your application for behavioral health licensure is under review, or been contacted by a Board investigator, you may feel alarmed and wonder what happens next. 

An AZBBHE investigation can place your license, professional reputation, and livelihood at risk. However, the opening of a complaint does not mean that you committed unprofessional conduct or that discipline is inevitable. Depending on the evidence, the Board may dismiss the complaint, issue a Letter of Concern, require nondisciplinary continuing education, offer a Consent Agreement, conduct a formal interview, or initiate formal proceedings. 

At Lavy Law, we represent Arizona counselors, social workers, marriage and family therapists, addiction counselors, and applicants during Board investigations, public Board meetings, formal interviews, settlement negotiations, administrative hearings, and judicial appeals. We work to protect both your ability to practice and the professional reputation you have spent years building. 

What Is the Arizona Board of Behavioral Health Examiners? 

The Arizona Board of Behavioral Health Examiners is the state agency responsible for licensing and regulating behavioral health professionals in Arizona. Its mission is to protect the public by enforcing Arizona’s behavioral health statutes, administrative rules, and professional standards. 

The Board has 12 members appointed by the Governor: two social workers, two counselors, two marriage and family therapists, two addiction counselors, and four public members. Each professional discipline also has a three-member Academic Review Committee that reviews licensure qualifications when required. See A.R.S. §§ 32-3252 and 32-3261. 

AZBBHE’s authority is derived primarily from A.R.S. §§ 32-3251 through 32-3321 and the Board’s administrative rules in Title 4, Chapter 6 of the Arizona Administrative Code. 

Which Professionals Does AZBBHE Regulate? 

The Arizona Board of Behavioral Health Examiners regulates:

• Licensed Professional Counselors and Licensed Associate Counselors;
• Licensed Clinical Social Workers, Licensed Master Social Workers, and Licensed Baccalaureate Social Workers; 
• Licensed Marriage and Family Therapists and Licensed Associate Marriage and Family Therapists; 
• Licensed Independent Substance Abuse Counselors, Licensed Associate Substance Abuse Counselors, and Licensed Substance Abuse Technicians; and
• Applicants seeking behavioral health licensure in Arizona. 

What Is Unprofessional Conduct Under Arizona Behavioral Health Law? 

Arizona defines “unprofessional conduct” broadly in A.R.S. § 32-3251(16). Depending on the circumstances, allegations may involve: 

• Dual relationships, conflicts of interest, or exploitation; 
• Sexual conduct with a client or former client; 
• Boundary violations or inappropriate physical contact; 
• Inadequate, inaccurate, late, or missing clinical documentation;
• Confidentiality, privacy, or improper-release concerns; 
• Practicing outside the licensee’s education, training, experience, or scope;
• Unsafe, clinically unjustified, grossly negligent, or repeatedly negligent care;
• Improper termination or client abandonment; 
• Failure to obtain or document informed consent; 
• Inadequate assessment, treatment planning, risk assessment, or safety planning;
• Improper supervision; 
• Fraud, deceit, misrepresentation, or false statements; 
• Impairment that affects safe and competent practice; 
• Failure to report another licensee when legally required; 
• Criminal conduct related to the practice of behavioral health; or
• Failure to provide information or records lawfully requested by the Board. 

Several provisions are especially broad. A.R.S. § 32-3251(16)(k) includes conduct contrary to recognized standards of ethics in the behavioral health profession or dangerous to a client’s health, welfare, or safety. Subsection (p) addresses failure to conform to the Board’s minimum practice standards, and subsection (r) addresses clinically unjustified, unsafe, or otherwise unprofessional services under current standards of practice. 

For professional counselors, the 2014 American Counseling Association Code of Ethics can help define the “recognized standards of ethics” or “minimum practice standards” or “current standards of practice” referenced in A.R.S. § 32-3251(16) (k), (p) and (r ). The

Board may use the Code to evaluate issues such as boundaries, multiple relationships, conflicts of interest, confidentiality, informed consent, competence, termination, technology, and ethical decision-making. 

The ACA Code also is not the only professional code relevant to AZBBHE cases. Because the Board regulates four disciplines, the applicable ethical framework depends on the license involved. The Board uses the ACA Code for counselors, the NASW Code of Ethics for social workers, the AAMFT Code of Ethics for marriage and family therapists, and the NAADAC Code of Ethics for addiction counselors. 

Not every mistake or adverse clinical outcome establishes unprofessional conduct. The context matters, including the therapeutic purpose of the conduct, the client’s needs and vulnerability, informed consent, consultation or supervision, contemporaneous documentation, the risk of harm, and whether the clinician used and documented a reasoned ethical decision-making process. 

What Are Common AZBBHE Allegations? 

Dual Relationships, Boundaries, and Conflicts of Interest 

The Board reports that substantially more than half of its disciplinary actions involve boundary violations. These cases are not limited to sexual relationships. They may involve friendships, business dealings, gifts, social-media connections, unusually personal communications, after-hours contact, attendance at nontherapeutic events, hiring or working with a client, solicitation of testimonials, or assuming a forensic or evaluative role for a therapy client. 

A.R.S. § 32-3251(16)(y) defines a prohibited dual relationship as simultaneously engaging in a professional and nonprofessional relationship with a client when the relationship is avoidable and not incidental, and when it could impair objectivity or professional judgment or create a risk of harm. Whether a contact was clinically justified, unavoidable, incidental, disclosed, consulted about, and properly documented may therefore be central to the defense. 

Learn more about defending an AZBBHE dual-relationship or boundary-violation allegation. 

Sexual Conduct With a Client or Former Client 

A.R.S. § 32-3251(16)(v) defines any sexual conduct between a licensee and a client or former client as unprofessional conduct. Unlike many states and the ACA Code of

Ethics that discuss a waiting period or narrow exceptions involving former clients, the Arizona statute has a zero tolerance policy for sexual relationships with former clients. 

Providing behavioral health services to a person with whom the licensee previously had sexual contact is separately prohibited under A.R.S. § 32-3251(16)(w). Sexual conduct with a current behavioral health client may also create criminal exposure under A.R.S. § 13-1418. Because statements made to the Board can affect both licensing and criminal matters, counsel will likely invoke the Fifth Amendment and evaluate other consequences before the licensee responds. 

Learn more about defending an AZBBHE sexual conduct with a client or former client allegation. 

Clinical Documentation 

Documentation allegations may arise under A.R.S. § 32-3251(16)(q), which addresses failure to maintain adequate records, and under the minimum-practice rules in A.A.C. R4-6-1101 through R4-6-1106. Those rules address informed consent, treatment plans, client records, financial and billing records, release of confidential information, and telehealth. 

The Board’s current rules require records to be current, accurate, confidential, protected, dated, and properly signed or electronically authenticated. When applicable, the record must include progress notes, informed consent, the treatment plan and revisions, requests and releases of records, treatment-related contacts, services provided, and other information required by law. Under the rules effective November 2, 2025, “contemporaneous” documentation generally means documentation made within ten business days after the service or interaction. 

A documentation deficiency does not necessarily prove that the underlying clinical care was improper. A defense may distinguish between the service actually provided and the way it was recorded, while addressing whether missing documentation impaired continuity of care, created a safety risk, or can be corroborated by other reliable evidence. 

Learn more about defending an AZBBHE clinical documentation allegation. 

What Happens During an Arizona Board of Behavioral Health Examiners Case?

Step 1: AZBBHE Receives and Screens a Complaint

A complaint may be submitted by a client, family member, employer, coworker, another agency, or another licensee. The Board also may initiate an investigation on its own motion, and certain licensees and entities have mandatory reporting duties. An applicant’s background or application materials may likewise raise a concern for Board review. 

Board staff first determine whether the allegations fall within AZBBHE’s jurisdiction. The Board cannot open an investigation without identifying information for the complainant. A four-year limitation generally applies, subject to statutory exceptions that include sexual misconduct, certain felonies, diversion, impairment while practicing, and failure to disclose required information. See A.R.S. § 32-3281(V)–(W). 

If a complaint is opened, the licensee or applicant is notified and given an opportunity to respond. Under A.A.C. R4-6-1001(A), a licensee ordinarily must submit a written response within 30 days from service of the complaint notice. 

Step 2: Board Staff Investigate 

Board staff may obtain client files, electronic communications, employment and supervision records, policies, releases, billing information, criminal records, and other relevant evidence. The investigator may interview the complainant, the licensee, and other witnesses. 

The Board also has broad subpoena power during an investigation. Under A.R.S. § 32-3282(B)(1), the Board may compel a licensee to produce documents or other physical evidence such as e-mails or text messages concerning the unauthorized practice of behavioral health or a licensee’s competence, unprofessional conduct, or ability to practice safely. A person served with a subpoena may petition the Board within five days to revoke, limit, or modify it. 

A Board request or subpoena should not be ignored. Failing to furnish information legally requested by the Board within the specified time may itself constitute unprofessional conduct under A.R.S. § 32-3251(16)(o). However, before responding, counsel can evaluate the request’s scope, confidentiality and privilege concerns, potential criminal exposure, and whether an objection, petition to modify, or request for additional time is appropriate. 

Arizona law also authorizes the Board, on reasonable cause, to require physical or psychological examinations, substance-use assessments, skills evaluations, or drug, alcohol testing at the licensee’s expense. See A.R.S. § 32-3281(A)–(B).

The licensee’s written response is not merely an informal explanation. It becomes part of the investigative record and should address the allegations accurately, preserve legitimate objections and privileges, identify favorable evidence, and avoid unnecessary admissions or speculation. 

Step 3: The Case Is Presented at a Public Board Meeting 

After the investigation is completed, the investigator prepares an investigative report for review by Board members, which includes findings of fact, recommended violations of law and board options for discipline. Members ordinarily receive the materials approximately two to three weeks before the meeting and may review hundreds of investigative matters during each meeting cycle. 

The Board meeting is public, but it is not an evidentiary hearing. This means that the licensee or applicant does not have the right to present evidence or witnesses nor cross-examine the complainant and other witnesses. Rather, the licensee or applicant may attend, along with their attorney, and be available to answer questions, or may make a short presentation. AZBBHEs current meeting guidance generally permits a presentation of three to five minutes. 

After hearing any updates from the investigator and the attorney’s presentation, the Board members discuss the matter and vote on what action, if any, should be taken. A majority of voting members must approve the motion. The Board of Behavioral Health Examiners must meet the clear and convincing evidence standard for all violations except sexual conduct with client under A.R.S.§ 32-3251(16)(v), which requires only proof by a preponderance of the evidence.  

The possible outcomes of an investigation, including discipline, are discussed below under What Penalties Can Be Imposed? 

Step 4: Consent Agreement or Formal Interview 

The Board may propose a Consent Agreement that limits or restricts practice, imposes education, supervision, monitoring, treatment, restitution, or other conditions, or otherwise resolves the complaint. A signed agreement becomes binding and may have consequences for employment, credentialing, insurance panels, licenses in other states, future applications, professional-liability coverage, and national disciplinary reporting. 

The Board also may invite the licensee to a formal interview. A formal interview permits the Board to question the licensee and consider the matter more directly, but it is not the same as an administrative hearing before an Administrative Law Judge. The licensee may accept or refuse the invitation. If the licensee refuses, or if the interview indicates possible grounds for

revocation or suspension longer than twelve months, the Board must issue a formal complaint and order a hearing. See A.R.S. § 32-3281(G). 

Step 5: Informal Settlement Conference or Administrative Hearing 

If the licensee or applicant does not accept the proposed Consent Agreement, they may request an administrative hearing. Before the hearing takes place, Arizona law allows either party to request an Informal Settlement Conference (“ISC”), which provides another opportunity to resolve the case without litigation. Under A.R.S. § 41-1092.06(A), the agency generally must hold the conference within fifteen days after receiving a timely request, and the request ordinarily must be made no later than twenty days before the scheduled hearing. 

During the Informal Settlement Conference, the licensee or applicant and their attorney may present additional evidence, clarify disputed facts, explain mitigating circumstances, and negotiate with the Arizona Attorney General’s Office in an effort to reach a mutually acceptable resolution. If the case cannot be resolved, it proceeds to a formal administrative hearing before an Administrative Law Judge (“ALJ”) at the Arizona Office of Administrative Hearings. 

The administrative hearing functions much like a bench trial, although it is more informal than in civil or criminal court. Both sides may present documentary evidence, call and cross-examine witnesses, introduce expert testimony, and make legal arguments.  Since the rules of evidence are considerably more relaxed, hearsay evidence is generally admissible. Arizona’s Administrative Procedure Act guarantees each party the opportunity to present evidence and argument on all relevant issues, and the ALJ may exclude evidence when its probative value is substantially outweighed by unfair prejudice, confusion, delay, or needless cumulative presentation. See A.R.S. § 41-1092.07(D). 

At the administrative hearing, the Board bears the burden of proving each alleged violation. For most disciplinary allegations, the Board must establish the violation by clear and convincing evidence. However, allegations of sexual conduct with a client or former client under A.R.S. § 32-3251(16)(v) are subject to the lower preponderance of the evidence standard. See A.R.S. § 32-3281(X). 

Following the hearing, the ALJ issues a written decision containing findings of fact, conclusions of law, and a recommended outcome. See A.R.S. § 41-1092.08(A). The matter then returns to the Arizona State Board of Nursing, which may accept, reject, or modify the ALJ’s decision, provided it explains any modifications in writing. See A.R.S. § 41-1092.08(B).

Step 6: Rehearing and Judicial Review 

A licensee who disagrees with the final administrative decision may make a motion to the Board for a rehearing or review. If AZBBHE denies this motion, the licensee can then pursue judicial review in the Arizona Superior Court by filing a notice of appeal. 

For Arizona agencies regulating professions under Title 32, a party may demand a trial de novo in the notice of appeal. A.R.S. § 12-910(D). The Superior Court may receive new testimony and exhibits, decide questions of law and fact without deference to the agency, and affirm, reverse, modify, vacate, or remand the agency’s decision. A.R.S. § 12-910(A)–(F). 

Judicial review is not simply another informal opportunity to explain the case. It is more formal than the administrative hearing and involves litigation with filing deadlines, evidentiary rules, motion practice, witness preparation, and legal briefing. 

What Penalties Can Be Imposed? 

The possible outcomes of an investigation include: 

• Dismissal. The Board finds that the evidence does not establish a violation or otherwise does not support further action. 
• Letter of Concern. This is a nondisciplinary letter expressing concern about questionable conduct. 
• Nondisciplinary Continuing Education. The Board dismisses the complaint while ordering education intended to address a defined area of practice. 
• Consent Agreement. The licensee agrees to restrictions, monitoring, rehabilitation, education, restitution, or other terms. 
• Decree of Censure. The Board formally finds a violation but does not impose practice restrictions. 
• Probation. The licensee may continue practicing subject to supervision, education, treatment, monitoring, work restrictions, or other conditions for a designated period of time. 
• Civil Penalty. The Board may impose up to $1,000 for each violation in a formal interview or hearing.
• Suspension. The licensee may not practice until the suspension ends and required conditions are satisfied. 
• Revocation / Voluntary Surrender. The licensee’s license is revoked. The licensee can reapply at any time but must prove that the reason for revocation no longer exists and that reissuance would not threaten public safety. 
• Denial of an Application. An applicant may be denied licensure or certification and may be restricted from reapplying for the applicable period. 
• Summary or Interim Action. If public health, safety, or welfare imperatively requires emergency action, the Board may restrict, limit, or summarily suspend a license pending further proceedings. 

Our goal is always to resolve cases as early as possible while protecting your ability to continue practicing your profession. 

Why Should I Hire an Attorney Early? 

One of the most consequential mistakes a licensee or applicant can make is waiting until after submitting a written response or appearing before the Board to consult an attorney. 

A behavioral health professional may believe that speaking candidly and informally will quickly clear up a misunderstanding. Instead, an incomplete, imprecise, or inaccurate statement may become evidence supporting the original allegation or a new allegation. Records or messages produced without context may also be interpreted in a way the clinician never intended. 

An attorney can help protect your rights by: 

• communicating with the investigator and Board staff on your behalf;
• preparing your written response; 
• gathering favorable evidence; 
• identifying and preserving confidentiality, privilege, and constitutional issues;
• identifying legal defenses; 
• negotiating a reasonable Consent Agreement; and 
• representing you throughout every stage of the disciplinary process, including litigation before an Administrative Law Judge or Superior Court. 

Early representation often provides the greatest opportunity to resolve a case favorably.

Why Choose Lavy Law?

Arizona Board of Behavioral Health Examiners cases are government investigations that can threaten a clinician’s career, reputation, and financial stability. Successfully defending these cases requires more than familiarity with agency forms. It requires the ability to investigate facts, analyze clinical records and communications, apply statutes and ethical standards, prepare witnesses, negotiate with government counsel, and litigate when a fair resolution cannot be reached. 

At Lavy Law, our foundation is trial advocacy. Before focusing on professional-license defense, Attorney Kara Lavy served as a prosecutor and developed extensive experience litigating criminal, immigration, and administrative matters. The same skills used in the courtroom—building a factual defense, identifying inconsistencies, cross-examining witnesses, challenging government evidence, and presenting persuasive legal arguments—are brought to every nursing-license case. 

Some administrative-law attorneys focus almost exclusively on negotiated resolutions and have limited trial experience. When your nursing license is at stake, you deserve an attorney who is prepared both to pursue a favorable resolution and to litigate the case before an Administrative Law Judge or Superior Court when necessary. 

Whether your goal is obtaining a dismissal during the investigation, securing a Letter of Concern instead of discipline, negotiating reasonable probation terms, defending a licensure application, prevailing at an administrative hearing, or challenging the Board’s final order, Lavy Law is prepared to advocate for you at every stage. 

Frequently Asked Questions

At Lavy Law, we represent behavioral health professionals regardless of whether insurance coverage is available. Many insurance companies, including HPSO, also refer their insured professionals to Lavy Law for representation. If you wish to seek reimbursement, we will maintain detailed time records throughout the representation and, upon conclusion of the matter, provide an itemized accounting of our time and fees. You remain responsible for communicating with the carrier and submitting the documentation required under your policy.

1. Learn more about defending an AZBBHE dual-relationship or boundary-violation allegation.
2. Learn more about defending an AZBBHE sexual conduct with a client or former client allegation.
3. Learn more about defending an AZBBHE clinical documentation allegation.