House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

 

HOUSE BILL 2133

 

 

 

AN ACT

 

Amending sections 32‑1236, 32‑1276.02, 32‑1287 and 32‑1297.06, Arizona Revised Statutes; relating to the state board of dental examiners.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 32-1236, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1236.  Dentist triennial licensure; continuing education; license reinstatement; license for each place of practice; notice of change of address or place of practice; retired and disabled license status; penalties

A.  Except as provided in section 32‑4301, a license expires on June 30 of thirty days after the licensee's birthday every third year.  On or before June 30 of the licensee's birthday every third year, every licensed dentist shall submit to the board a complete renewal application and pay a license renewal fee of not more than six hundred fifty dollars $650, established by a formal vote of the board.  At least once every three years, before establishing the fee, the board shall review the amount of the fee in a public meeting.  Any change in the amount of the fee shall be applied prospectively to a licensee at the time of licensure renewal.  The fee prescribed by this subsection does not apply to a licensee in disabled or retired status retired dentist or to a dentist with a disability.

B.  A licensee shall include a written affidavit with the renewal application that affirms that the licensee complies with board rules relating to continuing education requirements.  A licensee is not required to complete the written affidavit if the licensee received an initial license within the year immediately preceding the expiration date of the license or the licensee is in disabled status.  If the licensee is not in compliance with board rules relating to continuing education, the board may grant an extension of time to complete these requirements if the licensee includes a written request for an extension with the renewal application instead of the written affidavit and the renewal application is received on or before June 30 the licensee's birthday of the expiration year.  The board shall consider the extension request based on criteria prescribed by the board by rule.  If the board denies an extension request, the license expires on August 30 thirty days after the licensee's birthday.

C.  A person applying for licensure for the first time in this state shall pay a prorated fee for the period remaining until the licensee's next June 30 birthday.  This fee shall not exceed one‑third of the fee established pursuant to subsection A of this section.  Subsequent licensure renewal shall be conducted pursuant to this section.

D.  An expired license may be reinstated by submitting a complete renewal application within the twenty‑four‑month period immediately following the expiration of the license with payment of the renewal fee and a one hundred dollar $100 penalty.  Whenever issued, reinstatement is as of the date of application and entitles the applicant to licensure only for the remainder of the applicable three‑year period.  If a person does not reinstate a license pursuant to this subsection, the person must reapply for licensure pursuant to this chapter.

E.  Each licensee must provide to the board in writing both of the following:

1.  A primary mailing address.

2.  The address for each place of practice.

F.  A licensee maintaining more than one place of practice shall obtain from the board a duplicate license for each office.  A fee set by the board shall be charged for each duplicate license.  The licensee shall notify the board in writing within ten days of after opening the additional place or places of practice.  The board shall impose a penalty of fifty dollars $50 for failure to notify the board.

G.  A licensee who is fully retired and a licensee who is permanently disabled has a permanent disability may contribute services to a recognized charitable institution and still retain that classification for triennial registration purposes on payment of a reduced renewal fee as prescribed by the board by rule.

H.  A licensee applying for retired or disabled status shall:

1.  Relinquish any prescribing privileges and shall attest by affidavit that the licensee has surrendered to the United States drug enforcement administration any registration issued pursuant to the federal controlled substances act and has surrendered to the board any registration issued pursuant to section 36‑2606.

2.  If the licensee holds a permit to dispense drugs and devices pursuant to section 32‑1298, surrender that permit to the board.

3.  Attest by affidavit that the licensee is not currently engaged in the practice of dentistry.

I.  A licensee who changes the licensee's primary mailing address or place of practice address shall notify the board of that change in writing within ten days.  The board shall impose a penalty of fifty dollars $50 if a licensee fails to notify the board of the change within that time.  The board shall increase the penalty imposed to one hundred dollars $100 if a licensee fails to notify it of the change within thirty days. END_STATUTE

Sec. 2.  Section 32-1276.02, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1276.02.  Dental therapist triennial licensure; continuing education; license renewal and reinstatement; fees; civil penalties; retired and disabled license status

A.  Except as provided in section 32‑4301, a license issued under this article expires on June 30 of thirty days after the licensee's birthday every third year.  On or before June 30 of the licensee's birthday every third year, each licensed dental therapist shall submit to the board a complete renewal application and pay a license renewal fee established by a formal vote of the board.  At least once every three years, before establishing the fee, the board shall review the amount of the fee in a public meeting.  Any change in the amount of the fee shall be applied prospectively to a licensee at the time of licensure renewal.  The fee prescribed by this subsection does not apply to a retired dental therapist or to a dental therapist with a disability.

B.  A licensee shall include a written affidavit with the renewal application that affirms that the licensee complies with board rules relating to continuing education requirements.  A licensee is not required to complete the written affidavit if the licensee received an initial license within the year immediately preceding the expiration date of the license or the licensee is in disabled status.  If the licensee is not in compliance with board rules relating to continuing education, the board may grant an extension of time to complete these requirements if the licensee includes a written request for an extension with the renewal application instead of the written affidavit and the renewal application is received on or before June 30 the licensee's birthday of the expiration year.  The board shall consider the extension request based on criteria prescribed by the board by rule.  If the board denies an extension request, the license expires on August 30 thirty days after the licensee's birthday of the expiration year.

C.  An applicant for a dental therapy license for the first time in this state shall pay a prorated fee for the period remaining until the licensee's next June 30 birthday.  This fee may not exceed one‑third of the fee prescribed pursuant to subsection A of this section.  Subsequent applications shall be conducted pursuant to this section.

D.  An expired license may be reinstated by submitting a complete renewal application within the twenty-four‑month period immediately following the expiration of the license with payment of the renewal fee and a one hundred dollar $100 penalty.  When the license is issued, reinstatement is as of the date of application and entitles the applicant to licensure only for the remainder of the applicable three‑year period.  If a person does not reinstate a license pursuant to this subsection, the person must reapply for licensure pursuant to this article.

E.  A licensee shall notify the board in writing within ten days after the licensee changes the primary mailing address listed with the board.  The board shall impose a civil penalty of fifty dollars $50 if a licensee fails to notify the board of the change within that time.  The board shall increase the civil penalty to one hundred dollars $100 if a licensee fails to notify the board of the change within thirty days.

F.  A licensee who is at least sixty‑five years of age and who is fully retired and a licensee who has a permanent disability may contribute services to a recognized charitable institution and still retain that classification for triennial registration purposes by paying a reduced renewal fee as prescribed by the board by rule.

G.  A licensee is not required to maintain a dental hygienist license. END_STATUTE

Sec. 3.  Section 32-1287, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1287.  Dental hygienist triennial licensure; continuing education; license reinstatement; notice of change of address; penalties; retired and disabled license status

A.  Except as provided in section 32‑4301, a license expires on June 30 of thirty days after the licensee's birthday every third year.  On or before June 30 of the licensee's birthday every third year, every licensed dental hygienist shall submit to the board a complete renewal application and pay a license renewal fee of not more than three hundred twenty‑five dollars $325, established by a formal vote of the board.  At least once every three years, before establishing the fee, the board shall review the amount of the fee in a public meeting.  Any change in the amount of the fee shall be applied prospectively to a licensee at the time of licensure renewal.  The fee prescribed by this section does not apply to a retired or disabled hygienist or a hygienist with a disability.

B.  A licensee shall include a written affidavit with the renewal application that affirms that the licensee complies with board rules relating to continuing education requirements.  A licensee is not required to complete the written affidavit if the licensee received an initial license within the year immediately preceding the expiration date of the license or the licensee is in disabled status.  If the licensee is not in compliance with board rules relating to continuing education, the board may grant an extension of time to complete these requirements if the licensee includes a written request for an extension with the renewal application instead of the written affidavit and the renewal application is received on or before June 30 the licensee's birthday of the expiration year.  The board shall consider the extension request based on criteria prescribed by the board by rule.  If the board denies an extension request, the license expires on August 30 thirty days after the licensee's birthday of the expiration year.

C.  A person applying for a license for the first time in this state shall pay a prorated fee for the period remaining until the licensee's next June 30 birthday.  This fee shall not exceed one‑third of the fee established pursuant to subsection A of this section.  Subsequent registrations shall be conducted pursuant to this section.

D.  An expired license may be reinstated by submitting a complete renewal application within the twenty-four‑month period immediately following the expiration of the license with payment of the renewal fee and a one hundred dollar $100 penalty.  Whenever issued, reinstatement is as of the date of application and entitles the applicant to licensure only for the remainder of the applicable three‑year period.  If a person does not reinstate a license pursuant to this subsection, the person must reapply for licensure pursuant to this chapter.

E.  A licensee shall notify the board in writing within ten days after the licensee changes the primary mailing address listed with the board.  The board shall impose a penalty of fifty dollars $50 if a licensee fails to notify the board of the change within that time.  The board shall increase the penalty imposed to one hundred dollars $100 if a licensee fails to notify it of the change within thirty days.

F.  A licensee who is over sixty‑five years of age and who is fully retired and a licensee who is permanently disabled has a permanent disability may contribute services to a recognized charitable institution and still retain that classification for triennial registration purposes on payment of a reduced renewal fee as prescribed by the board by rule. END_STATUTE

Sec. 4.  Section 32-1297.06, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1297.06.  Denturist certification; continuing education; certificate reinstatement; certificate for each place of practice; notice of change of address or place of practice; penalties

A.  Except as provided in section 32‑4301, a certification expires on June 30 of thirty days after the certificate holder's birthday every third year.  On or before June 30 of the certificate holder's birthday every third year, every certified denturist shall submit to the board a complete renewal application and shall pay a certificate renewal fee of not more than three hundred dollars $300, established by a formal vote of the board.  At least once every three years, before establishing the fee, the board shall review the amount of the fee in a public meeting.  Any change in the amount of the fee shall be applied prospectively to a certificate holder at the time of certification renewal.  This requirement does not apply to a disabled or retired status retired denturist or to a denturist with a disability.

B.  A certificate holder shall include a written affidavit with the renewal application that affirms that the certificate holder complies with board rules relating to continuing education requirements.  A certificate holder is not required to complete the written affidavit if the certificate holder received an initial certification within the year immediately preceding the expiration date of the certificate or the certificate holder is in disabled status.  If the certificate holder is not in compliance with board rules relating to continuing education, the board may grant an extension of time to complete these requirements if the certificate holder includes a written request for an extension with the renewal application instead of the written affidavit and the renewal application is received on or before June 30 the certificate holder's birthday of the expiration year.  The board shall consider the extension request based on criteria prescribed by the board by rule.  If the board denies an extension request, the certificate expires on August 30 thirty days after the certificate holder's birthday of the expiration year.

C.  A person applying for a certificate for the first time in this state shall pay a prorated fee for the period remaining until the certificate holder's next June 30 birthday.  This fee shall not exceed one‑third of the fee established pursuant to subsection A of this section. Subsequent certifications shall be conducted pursuant to this section.

D.  An expired certificate may be reinstated by submitting a complete renewal application within the twenty-four‑month period immediately following the expiration of the certificate with payment of the renewal fee and a one hundred dollar $100 penalty.  Whenever issued, reinstatement is as of the date of application and entitles the applicant to certification only for the remainder of the applicable three‑year period.  If a person does not reinstate a certificate pursuant to this subsection, the person must reapply for certification pursuant to this chapter.

E.  Each certificate holder must provide to the board in writing both of the following:

1.  A primary mailing address.

2.  The address for each place of practice.

F.  A certificate holder maintaining more than one place of practice shall obtain from the board a duplicate certificate for each office.  The board shall set and charge a fee for each duplicate certificate.  A certificate holder shall notify the board in writing within ten days of after opening an additional place of practice.

G.  A certificate holder shall notify the board in writing within ten days after changing a primary mailing address or place of practice address listed with the board.  The board shall impose a fifty dollar $50 penalty if a certificate holder fails to notify the board of the change within that time. The board shall increase the penalty imposed to one hundred dollars $100 if a certificate holder fails to notify it of the change within thirty days. END_STATUTE

Sec. 5.  Effective date

This act is effective from and after December 31, 2020.