 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
dental board; business entities; records
Purpose
Modifies patient record maintenance requirements for a business entity that is registered by the Arizona State Board of Dental Examiners (Board). Requires the business entity member on the Board to be an employee or owner of a registered business entity.
Background
The Board is charged with regulating the practice of dentistry for individuals who provide dental services, including dentists, dental therapists, dental hygienist, dental assistants, denturists and dental business entities, The Board's mission 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 process; and 3) the protection of the oral health, safety and welfare of Arizona citizens through a fair and impartial system (A.R.S. Title 32, Chapter 11). The Board's consists of 11 members, including: 1) six licensed dentists; 2) two licensed dental hygienists; 3) two public members; and 4) one business entity (A.R.S. § 32-1203).
Current statute prohibits a business entity from offering dental services unless the business entity is registered with the Board and provides services that are conducted by an individual who is licensed by the Board, except for facilities that are owned by a dentist who is Board-licensed (A.R.S. § 32-1213). Individuals who are licensed or certified by the Board are responsible for making and maintaining legible written records concerning all diagnoses, evaluations and treatments of each patient of record. A licensee or certificate holder must maintain records that are stored or produced electronically in retrievable paper form (A.R.S. § 32-1264).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the business entity member on the Board to be an employee or owner of a registered business entity.
2. Adds that a business entity registration application must include the name of the business entity's custodian of records.
3. Requires, within 30 days, a business entity to notify the Board in writing after any change in the name of the business entity's custodian of records who will accept subpoenas and respond to patient records requests.
4. Requires the owner of a dental practice or a registered business entity, rather than a person who is licensed or certified by the Board, to maintain all written and electronic records.
5. Requires records made by a person who is licensed or certified by the Board concerning diagnoses, evaluation and treatment of each patient to be permanent and contemporaneous.
6. Specifies that records made by a person who is licensed or certified by the Board concerning diagnoses, evaluation and treatment of each patient may be electronic records.
7. Requires electronic records to be retrievable in, rather than maintained in retrievable, paper form.
8. Specifies that required treatment notes must include the results of clinical examinations, rather than clinical examinations.
9. Adds that records must include:
a) documentation of informed consent; and
b) charting for existing restorations.
10. Requires, on request, a registered business entity to:
a) allow properly authorized Board personnel to have access to the licensee's or certificate holder's place of practice to conduct an inspection; and
b) make the licensee's or certificate holder's records, books and documents available to the Board free of charge as part of an investigation process.
11. Asserts that a person who is licensed or certified by the Board and who is an associate or employee of a dental practice is not responsible for sorting or retaining medical records but must compile and record records in the customary manner.
12. Requires a licensee or registered business entity to release treatment records to third parties, including current and former associates, employees or dentists of the practice as required by a court order or written authorization from the patient or the patient's health care decision maker.
13. Requires, when a dentist retires or sells a practice, or when a registered business entity closes or sells a practice, the dentist or registered business entity to take reasonable measures to ensure that the patient records are retained in the manner prescribed.
14. Adds to the definition of unethical conduct:
a) failing to notify the Board of a change in the custodian of records;
b) failing to maintain patient records;
c) failing to comply with a Board subpoena in a complete manner; and
d) failing to provide medical records or payment records to a third party, including current or former associates, employees or dentists of the practice as required by a court order or written authorization from the patient or the patient's health care decision maker.
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
Prepared by Senate Research
February 6, 2023
JT/FB/sr