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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature Second Regular Session |
Senate: HHS DPA 7-0-1-0 │3rd Read 27-0-3-0 |
SB 1240: dental board; records; investigations; powers
Sponsor: Senator Pace, LD 25
Committee on Health & Human Services
Overview
Enables the Arizona State Board of Dental Examiners (Board) to establish an investigational committee (Committee) to investigate and adjudicate complaints. Modifies examination requirements and renewal procedures for dental professional licenses and certificates.
History
The Board regulates and licenses dental professionals, including dentists, dental hygienists, dental consultants, dental therapists and denturists (A.R.S. 32-1207).
The Board on its motion or the executive director if delegated by the Board may investigate any evidence that appears to show the existence of evidence of any of the grounds or causes for disciplinary action. The Board may additionally investigate any complaint received by the Board if the complaint alleges the existence of any of the causes or grounds for disciplinary action. The Board cannot act on its motion or a complaint if the allegation against a licensed professional occurred more than four years before the complaint is received by the Board. If delegated by the Board, the executive director with the concurrence of the Board's investigative staff may terminate a complaint if the investigative staff's review indicates the complaint is without merit and that the termination is appropriate. Statute further outlines the Board's and its designees' powers and duties related to investigations and complaints (A.R.S. §§ 32-1263.02 and 32-1263.03).
All licensed or certified dentists, dental hygienists, dental therapists and denturists are required to renew their license or certification 30 days after the licensee or certificate holder's birthday every third year. On or before the licensees or certificate holder's birthday every third year, the licensee or certificate holder must submit to the Board a complete renewal application and pay a renewal fee. The licensee or certificate holder must include a written affidavit with the renewal application that affirms that the licensee or certificate holder complies with Board rules relating to continuing education requirements. If the licensee or certificate holder is not in compliance with the education requirements, the Board may grant an extension to complete these requirements if the licensee or certificate holder includes a written request for an extension with the renewal application on or before the licensee's or certificate holder's birthday of the expiration year. If the Board denies the extension request the license expires 30 days after the licensee's birthday (A.R.S. §§ 32-1236, 32-1276.02, 32-1287 and 32- 1297.06).
Provisions
Investigational Committee
1. Authorizes the Board to establish a Committee consisting of no more than 11 licensees who are in good standing, appointed by the Board and serve at the pleasure of the Board to investigate any complaint submitted to the Board, initiated or delegated by the Board to the Committee. (Sec. 2)
2. Transfers the ability to investigate any evidence or complaint that appears to show grounds for disciplinary action and investigative authorities and duties relating to complaints and the termination of complaints from the Board's Executive Director to the Committee. (Sec. 6, 7)
3. Prohibits the Committee from disclosing at the request of the complainant the complainant's name to the respondent unless the information is essential to conducting the investigational proceedings. (Sec. 6)
4. Allows the Committee to conduct necessary investigations including interviews between representatives of the Board or Committee and the licensee concerning any information obtained by the Board or Committee during an investigation. (Sec. 6)
5. Requires the results of an investigation conducted by the Committee, including any Committee recommendations for disciplinary action against any license to be forwarded to the Board for review. (Sec. 6)
6. Authorizes the Board or Committee to designate one or more people of appropriate competence to assist the Board or Committee with any aspect of an investigation. (Sec. 6)
7. Specifies that if the Board receives information obtained from the Board or Committee during an investigation and the Board finds that the public health, safety or welfare imperatively requires emergency action and incorporate a finding to that effect in its order, the Board may order a summary suspension of a licensee's license pending proceedings for revocation or other action. (Sec. 6)
8. Allows the Committee at it's discretion to refer a patient for a clinical evaluation if a complaint refers to quality of care. (Sec. 6)
9. Stipulates the Board may take specified actions if after the Committee's review the Board finds that the information provided is insufficient to merit disciplinary actions against a licensee. (Sec. 6)
10. States the Board may request the licensee to participate in a formal interview before the Board if after completing a Committee review the Board finds that the provided information is sufficient to merit disciplinary action against a licensee. (Sec. 6)
11. Authorizes the Board to approve, modify or reject the Committee's action on the review of the list of each complaint the Committee has terminated. (Sec. 7)
12.
States that members of the Committee may receive a
compensation of $100 for each Committee meeting. (Sec. 1)
Board License and Certification Expiration and Renewal Dates
13. Changes the expiration date for a dental professional's license or certificate to 30 days after the licensee's or certificate holder's birth month every third year instead of 30 days after their birthday. (Sec. 5, 10, 12, 14)
14. Requires every licensed or certified dental professional to submit to the Board a complete renewal application with the renewal fee every third year on or before the last day of the licensee's or certificate holder's birth month instead of their birthday. (Sec. 5, 10, 12, 14)
15. Requires a licensed or certified dental professional that is not in compliance with the Board's continuing education requirements to include a written request for an extension with the new renewal application by the last day of the licensee's or certificate holder's birth month of the expiration year, rather than on their birthday. (Sec. 5, 10, 12, 14)
16. Specifies that if the Board denies the extension request the dental professional's license or certificate expires 30-days after their birth month, rather than 30-days on their birthday. (Sec. 5, 10, 12, 14)
17. Stipulates that a person who applies for a dental professional license or certificate for the first time in Arizona must pay a prorated fee for the period remaining until their next birth month, instead of their next birthday. (Sec. 5, 12, 14)
Miscellaneous
18. Removes the requirement of an applicant for a dental license, dental therapist or dental hygienist license to pass the Western Regional Examining Board Examination. (Sec. 3, 9, 11)
19. Repeals the requirement for an applicant for a dental consultant license to have passed the Arizona Dental Jurisprudence Examination. (Sec. 4)
20. Requires, on request, a licensee or certificate holder to make their records, books and documents available to the Board free of charge as part of an investigation process. (Sec. 8)
21. Defines good standing. (Sec. 2)
22. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 6, 7, 11, 13)
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26. SB 1240
27. Initials AG/JB Page 0 Health & Human Services
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