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REFERENCE TITLE: dental care; treatment; volunteer care |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2667 |
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Introduced by Representative Cobb
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AN ACT
Amending section 12‑571, Arizona Revised Statutes; amending title 36, chapter 1, article 2, Arizona Revised Statutes, by adding section 36‑145; relating to dental care and treatment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-571, Arizona Revised Statutes, is amended to read:
12-571. Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses
A. A health professional as defined in section 32‑3201 or a health professional who meets the requirements of section 32‑3217 and who provides medical, optometric or dental treatment, care or screening within the scope of the health professional's certificate or license at in connection with a nonprofit clinic where neither the professional nor the nonprofit clinic receives compensation for any treatment, care or screening provided at the nonprofit clinic is not liable in a medical malpractice action, unless the health professional was grossly negligent. For the purposes of this subsection, "nonprofit clinic" includes a clinic, an office, a homeless or other shelter, a health or screening fair or any other setting where treatment, care or screening is provided at no cost to the patient. Nonprofit clinic also includes, for the purposes of agreements pursuant to section 36‑145, a dental professional's private office or the patient's place of residence.
B. A health professional who, within the professional's scope of practice, provides previously owned prescription eyeglasses free of charge through a charitable, nonprofit or fraternal organization is not liable for an injury to the recipient if the recipient or the recipient's parent or legal guardian has signed a medical malpractice release form and the injury is not a direct result of the health professional's intentional misconduct or gross negligence. For the purposes of this subsection, "medical malpractice release form" means a document that the recipient or the recipient's parent or legal guardian signs before the recipient receives eyeglasses pursuant to this subsection to acknowledge that the eyeglasses were not made specifically for the recipient and to accept full responsibility for the recipient's eye safety.
Sec. 2. Title 36, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 36-145, to read:
36-145. Dental professionals; volunteer care and treatment; agreement; definitions
A. A dental professional whose license or certification in this state is in good standing may donate the person's expertise to provide dental care and treatment services for indigent and needy persons or persons living in medically underserved areas of this state pursuant to a written agreement with the department or the department's contractor. The department may contract with county health departments or nonprofit clinics with expertise and experience in providing free or charitable dental care and treatment services to indigent and needy persons or persons located in medically underserved areas of this state to administer the services.
B. The agreement between the dental professional and the department or the department's contractor shall provide:
1. That the agreement applies to only volunteer dental care and treatment services delivered by the dental professional to indigent and needy persons or persons located in medically underserved areas of this state.
2. The identity of the parties to the agreement, including the dental professional's license or certification number.
3. That, except as provided in subsection D of this section, the dental professional agrees to not receive any payment or compensation, either direct or indirect, or have the expectation of payment or compensation, for any dental care and treatment services provided to indigent or needy persons or persons located in medically underserved areas of this state under the agreement.
4. that The dental professional will submit annual reports to the department or the department's contractor regarding the dental care and treatment services delivered to indigent or needy persons or persons located in medically underserved areas of this state. The department and the department's contractor shall have access to the medical records of any patient served by the dental professional under the agreement. All patient medical records and identifying information contained in the annual reports submitted to the department or the department's contractor are confidential.
5. that The department or the department's contractor may terminate the agreement with the dental professional for appropriate cause. When terminating an agreement under this section, the department or the department's contractor shall provide the dental professional with written notice of intent to terminate the agreement and the reasons for the termination at least five business days before the termination date. If the termination date is during the treatment of a patient, the termination date shall be moved to the date the treatment of the patient is completed.
6. That the dental professional is subject to regular supervision and inspection by the department or the department's contractor with respect to dental care and treatment services provided under the agreement.
C. the dental professional shall report Any adverse incident and information relating to treatment outcomes pertaining to a patient who is treated under this section to the department or the department's contractor. the dental professional shall also submit The adverse incident report to the state board of dental examiners, which shall review the incident to determine whether it involved conduct by the dental professional that is subject to disciplinary action. All patient medical records and identifying information contained in adverse incident reports and treatment outcomes obtained by the department, the department's contractor or the state board of dental examiners pursuant to this subsection are confidential.
D. A dental professional may not submit any claim for uncompensated care for volunteer dental care and treatment services provided under this section.
E. For the purposes of this section:
1. "adverse incident" means an incident that causes the death of a patient or temporary or permanent physical injury to a patient and that occurs in an outpatient dental facility.
2. "dental professional" means a dentist who is licensed pursuant to title 32, chapter 11, article 2, a dental hygienist who is licensed pursuant to title 32, chapter 11, article 4 and a denturist who is certified pursuant to title 32, chapter 11, article 5.
3. "Medically underserved area" means an area that is determined by the department to meet the criteria of a dental health professional shortage area established by the health resources and services administration of the United States department of health and human services.