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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
dental board; access to records
Purpose
Allows the Arizona State Board of Dental Examiners (BODEX) to establish an investigation committee to investigate and adjudicate complaints. Modifies examination requirements and license renewal procedures for dental licensees and certificate holders. Requires outlined information to be made available to BODEX free of charge as part of an investigation.
Background
BODEX is established to promote the safe and professional practice of dentistry. The mission of BODEX is to provide professional, courteous service and information to the dental profession and the general public through: 1) the examination and licensure process; 2) the complaint adjudication and enforcement processes; and 3) the protection of oral health, safety and welfare of Arizona citizens through a fair and impartial system.
BODEX is charged with the investigation of complaints regarding dental professionals and related business entities, which are resolved through: 1) the issuing of a letter of concern; 2) the issuing of decrees of censure; 3) fixing periods and terms of probation; 4) suspending or revoking licenses, certificates and restricted permits; and 5) reinstating licenses, certificates and restricted permits in proper cases (A.R.S. § 32-1207).
Current statute requires, upon request, dental licensees or certificate holders to grant authorized BODEX personnel access to their place of practice to conduct an inspection as well as access to their records, books and documents as part of an investigation (A.R.S. § 32-1264).
Dental licenses, dental therapy licenses, dental hygiene licenses and denturist
certificates expire 30 days after the license or certificate holder's birthday
every third year. At this time, every license or certificate holder must submit
a completed renewal application to BODEX and pay a BODEX-established license
renewal fee (A.R.S. §§ 32-1236;
32-1276.02;
32-1287;
and
32-1297.06).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Investigation Committee
1. Allows
BODEX to establish an investigation committee, of no more than 11
BODEX-appointed members, who:
a) are in good standing; and
b) serve BODEX to investigate any complaint submitted to BODEX, initiated by BODEX or delegated by BODEX.
2. Allows investigation committee members to receive $100 in compensation for each committee meeting.
3. Transfers complaint investigation and adjudication authorities from BODEX's Executive Director to the investigation committee, if established.
4. Allows BODEX or the investigation committee to designate one or more persons of appropriate competence to assist BODEX or investigation committee with any aspect of an investigation.
5. Requires investigation results, including any investigation committee recommendations for licensee disciplinary action, to be forwarded to BODEX for review.
6. Requires, on review, BODEX to approve, modify or reject the investigation committee's action.
7. Defines good standing as a person who holds an unrestricted and unencumbered license that has not been suspended or revoked.
Miscellaneous
8. Removes the requirement that all dental licensure applicants pass the Western Regional Examining Board Examination.
9. Specifies that dental licenses and certificates expire 30 days after the licensee's or certificate holder's birth month, rather than 30 days after the licensee’s or certificate holder’s birthday, including:
a) dental licenses;
b) dental therapy licenses;
c) dental hygiene licenses; and
d) denturist certificates.
10. Requires outlined licensee or certificate holders to submit a completed renewal application every three years to BODEX by the last day of the licensee's or certificate holder's birth month, rather than 30 days after the licensee’s or certificate holder’s birthday.
11. Requires dental licensees' or certificate holders' records, books and documents to be made available to BODEX, free of charge, as part of an investigation.
12. Makes technical and conforming changes.
13. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Allows BODEX to establish an investigation committee and outlines committee duties and requirements.
2. Transfers complaint investigation and adjudication authorities from BODEX's Executive Director to the investigation committee, if established.
3. Allows investigation committee members to receive $100 in compensation for each committee meeting.
4. Modifies dental licensee examination requirements.
5. Specifies that dental licensure and certification expires 30 days after the licensee's or certificate holder's birth month, rather than 30 days after the licensee’s or certificate holder’s birthday.
6. Defines good standing and psychomotor.
Amendments Adopted by Committee of the Whole
1. Removes the requirement that all dental licensees pass a psychomotor clinical examination.
2. Reestablishes the requirement that all dental licensure applicants pass the Arizona dental jurisprudence examination.
3. Clarifies that outlined license or certificate holders must submit a completed renewal application to BODEX every three years by the last day of the licensee's or certificate holder's birth month.
4. Requires, on review, BODEX to approve, modify or reject investigation committee actions.
5. Requires licensees in good standing to hold an unrestricted, unencumbered license.
6. Makes technical and conforming changes.
Senate Action
HHS 2/21/22 DPA 7-0-1
Prepared by Senate Research
March 9, 2022
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