ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

HB 2037: dentists; registration; civil penalty; repeal

Sponsor: Representative Bliss, LD 1

Committee on Health & Human Services

Overview

Repeals the penalty for a dentist who dispenses drugs for profit without being registered to do so by the Arizona State Board of Dental Examiners (Board), except in emergency situations.

History

Current law outlines the practice of dentistry as the diagnosis, surgical or nonsurgical treatment and performance of related adjunctive procedures for any disease, pain, deformity, deficiency, injury or physical condition of the human tooth or teeth, alveolar process, gums, lips, cheek, jaws, oral activity and associated tissues of the oral maxillofacial complex, including the removal of stains, discolorations and concretions and administering botulinum toxin type A (Botox) and dermal fillers (A.R.S. § 32-1202).

Dentists are authorized to dispense prescription drugs, except schedule II-controlled substances that are opioids, and devices if: 1) all dispensed drugs are packaged and labeled with specified information; 2) documented with the name, strength, date and therapeutic reason for the dispensed drug into the patient's dental records; and 3) kept in a secured cabinet or room with controlled access by written procedures and maintained an ongoing inventory of its contents.

A dentist can dispense for profit only to their own patients and for conditions being treated by that dentist. Except in emergency situations, a dentist who dispenses drugs for profit without being registered by the Board is subject to a civil penalty of not less than $300 and not more than $1,000 for each transaction and prohibited from dispensing for a period of time as prescribed by the Board (A.R.S. § 32-1298).

Provisions

1. Removes the stipulation that a dentist, except in emergency situations, who dispenses drugs for profit without being registered by the Board, is subject to:

a) a civil penalty of not less than $300 and not more than $1,000; and

b) prohibited from dispensing for a period of time. (Sec. 1)

2. Makes technical and conforming changes. (Sec. 1)

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6. HB 2037

7. Initials AG/BSR Page 0 Health & Human Services

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