ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: COM DP 4-2-1-0 | 3rd Read 26-3-1-0

SB 1226: dental board; business entities; records

Sponsor: Senator Shope, LD 16

Committee on Regulatory Affairs

Overview

Requires the business entity member of the Arizona Board of Dental Examiners (Board) to be an owner or employee of the entity, modifies the definition of unethical conduct, clarifies and enumerates the requirements for a dental practice owner or registered business entity to follow when creating, maintaining, storing and accessing patient records.

History

The Board was established in 1913 to regulate and license dental professionals, including dentists, dental hygienists, dental consultants, dental therapists, denturists, and dental assistants. Its mission is to provide professional, courteous service and information to the dental profession and the public through examination, licensure, complaint adjudication and enforcement processes to protect the oral health, safety and welfare of Arizona citizens. The Board reviews complaints, investigates allegations and takes disciplinary action for violations of law (A.R.S. §§ 32-1203, 32-1207, 32-1233, 32-1234, 32-1261, 32-1276.01, 32-1284 and 32-1295).

The Board consists of 11 members appointed by the Governor to serve four-year terms: 1) six licensed dentists; 2) two licensed dental hygienists; 3) two public members; and 4) one business entity member (A.R.S. § 32-1203).

Currently, statute prohibits a business entity from offering dental services unless the entity is registered with the board and the services are conducted by a licensee. The business entity is required to file a registration application that includes: 1) a description of the entity's services offered to the public; 2) the name of any dentist who is authorized and responsible for providing the dental services offered at each office; 3) the names and addresses of the officers and directors of the business entity; and 4) a registration fee prescribed by the Board (A.R.S. § 32-1213).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStates that the business entity board member must be either an employee or owner of a registered business entity.  (Sec. 1)

2.   Requires the registration application to include the name of the business entity's custodian of records.  (Sec. 2)

3.   Stipulates that the business entity must provide written notification to the board of the name of the business entity's custodian of records who will accept subpoenas and respond to records requests by patients.  (Sec. 2)

4.   Modifies the definition of unethical conduct to include failure to:

a)   notify the board of a change in the custodian of records.

b)   maintain patient records;

c)   comply with a board subpoena in a complete manner, in addition to being timely in the response; and

d)   failure to provide medical or payment records to a third party, including current or former associates, employees or dentists in the practice.  (Sec. 3)

 

5.   Requires written or electronic records to be maintained by the dental practice owner or a registered business owner.  (Sec. 4)

6.   Stipulates electronic records must be retrievable in paper form. (Sec. 4)

7.   Requires charting to include all existing restorations.  (Sec. 4)

8.   States that patient records must include documentation of informed consent.  (Sec. 4)

9.   Adds the registered business entity to the list of individuals that must permit board personnel to access the licensee's or certificate holder's place of practice to inspect records, books and documents for the board's investigation process.  (Sec. 4)

10.  Specifies that a licensed or certified person who is an associate or employee of a dental practice is not responsible for storing or retaining medical records but must compile and record the records as customary practice. (Sec. 4)

11.  Prescribes that a licensee or business entity must release treatment records to third parties, including current or former associates, employees and dentists. (Sec. 4)

12.  Mandates that when a dentist or registered business entity closes or sells a practice, they must take reasonable care to retain patient records.  (Sec. 4)

13.  Makes technical and conforming changes.  (Sec. 1, 2, 3, 4)

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17.                    SB 1226

18.  Initials DC Page 0 Regulatory Affairs

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