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ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2026

 

dental board; formal hearings

Purpose

Modifies the procedures of the Arizona State Board of Dental Examiners (BODEX) when investigating and adjudicating a complaint against a licensee.

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 (A.R.S. Title 32, Chapter 11).

BODEX on its own motion, or its investigation committee, may investigate evidence that appears to show the existence of any of the causes or ground for disciplinary action. BODEX or its investigation committee must conduct necessary investigations, including interviews between the investigation committee or representatives of BODEX and the licensee with respect to any information obtained by or filed with BODEX or obtained by BODEX or its investigation committee during the course of an investigation.

If, after completing its investigation or review, BODEX finds that the information provided is sufficient to merit disciplinary action against a licensee, BODEX may request that the licensee participate in a formal interview before BODEX. If the licensee refuses or accepts the invitation for a formal interview and the results indicate that grounds exist for license revocation or suspension, BODEX must issue a formal complaint and order that a hearing be held in accordance with the uniform administrative hearing procedures. If, after completing a formal interview, BODEX finds that the information provided is insufficient to merit a license revocation or suspension, BODEX may: 1) dismiss the complaint; 2) order disciplinary action; 3) enter into a consent agreement with the licensee for disciplinary action; 4) order nondisciplinary continuing education; or 4) issue a nondisciplinary letter of concern to the licensee (A.R.S. 32-1263.02).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Allows BODEX, after completing an investigation or review, to issue a formal complaint and order that a formal hearing be held if it is found that the information provided is sufficient to merit a license revocation or suspension.

2.   Allows BODEX to take specified actions if after completing a formal hearing it is found that the information provided during the investigation or review is insufficient to merit a license revocation or suspension.

3.   Makes technical and conforming changes.

4.   Becomes effective on the general effective date.

House Action

HHS                2/10/25      DP       11-0-0-1

3rd Read          2/20/25                  58-0-2

 

Prepared by Senate Research

March 3, 2025

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