SENATE BILL 1271 AN ACT

Transcription

1 PLEASE NOTE: In most BUT NOT ALL instances, the page and line numbering of bills on this web site correspond to the page and line numbering of the official printed version of the bills. Senate Engrossed State of Arizona Senate Forty-fifth Legislature Second Regular Session 00 SENATE BILL AN ACT AMENDING SECTIONS 0-00, -0, -0, -0, -0, -, -, -.0, -.0, -, -, -, -, -, -.0, -.0, -.0 AND -.0, ARIZONA REVISED STATUTES; REPEALING SECTIONS -0 AND -, ARIZONA REVISED STATUTES; AMENDING TITLE, CHAPTER, ARTICLE, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION -0; AMENDING TITLE, CHAPTER, ARTICLE, ARIZONA REVISED STATUTES, BY ADDING SECTION -; AMENDING TITLE, CHAPTER, ARTICLE, ARIZONA REVISED STATUTES, BY ADDING SECTION -; RELATING TO THE BOARD OF DENTAL EXAMINERS. (TEXT OF BILL BEGINS ON NEXT PAGE) - i -

2 S.B Be it enacted by the Legislature of the State of Arizona: Section. Section 0-00, Arizona Revised Statutes, is amended to Definitions In this article, unless the context otherwise requires:. "Member" means an individual who is enrolled in a group prepaid dental plan as a principal subscriber together with such person s dependents who are entitled to dental care services under the plan solely because of their status as dependents of the principal subscriber.. "Membership coverage" means any certificate or contract issued to a member setting out the dental coverage to which such member is entitled.. "Prepaid dental plan" means any contractual arrangement whereby any prepaid dental plan organization undertakes to provide directly or to arrange for prepaid dental services and to pay or make reimbursement for any remaining portion of such prepaid dental services on a prepaid basis through insurance or otherwise.. "Prepaid dental plan organization" means any person who undertakes to conduct one or more prepaid dental plans providing only dental services.. "Prepaid dental services" means services included in the practice of dentistry as defined DESCRIBED in section -0.. "Provider" means any person licensed or otherwise authorized to furnish prepaid dental services in this state. Sec.. Section -0, Arizona Revised Statutes, is amended to -0. Definitions In this chapter, unless the context otherwise requires:. "Auxiliary personnel" means all dental assistants, dental technicians, dental x-ray technicians and other persons employed by dentists or firms and businesses providing dental services to dentists.. "Board" means the state board of dental examiners.. "Dental assistant" means any person who acts as an assistant to a dentist or a dental hygienist by rendering personal services to a patient which THAT involve close proximity to the patient while the patient is under treatment or observation or undergoing diagnostic procedures.. "Dental hygienist" means anyone ANY PERSON licensed and engaged in the general practice of dental hygiene and all related and associated duties including educational, clinical and therapeutic dental hygiene procedures.. "Dental incompetence" means lacking in sufficient dentistry knowledge or skills, or both, in that field of dentistry in which the dentist, denturist or dental hygienist concerned engages, to a degree likely to endanger the health of that person s patients.. "Dental laboratory technician" means any person, other than a licensed dentist, who, pursuant to a written work order of a dentist, fabricates artificial teeth, prosthetic appliances or other mechanical and artificial contrivances designed to correct or alleviate injuries or defects, both developmental and acquired, disorders or deficiencies of the human oral - -

3 S.B cavity, teeth, investing tissues, maxilla or mandible or adjacent associated structures.. "Dental x-ray laboratory technician" means any person, other than a licensed dentist, who, pursuant to a written work order of a dentist, performs dental and maxillo-facial MAXILLOFACIAL radiography including cephalometrics, panoramic and maxillo-facial MAXILLOFACIAL tomography and other dental related non-fluoroscopic diagnostic imaging modalities.. "Dentistry, ", "dentist" and "dental" means the general practice of dentistry and all specialties or restricted practices of dentistry.. "Denturist" means a person practicing denture technology pursuant to article of this chapter. 0. "Disciplinary action" means regulatory sanctions THAT ARE imposed by the board in combination with, or as an alternative to, revocation or suspension of a license, which AND THAT may include: (a) Imposition of an administrative penalty in an amount not to exceed two thousand dollars for each violation of this chapter or rules adopted under this chapter. (b) Imposition of restrictions on the scope of practice. (c) Imposition of peer review and professional education requirements. (d) Imposition of censure or probation requirements best adapted to protect the public welfare, which may include a requirement for restitution to the patient resulting from violations of this chapter or rules adopted under this chapter.. "Irregularities in billing" means: (a) Reporting excessive charges for the purpose of obtaining payment not earned. (b) Reporting charges for services not rendered. (c) Incorrectly reporting services rendered for the purpose of obtaining payment not earned. (d) Abrogating the copayment provisions of a dental insurance contract by waiving all or a part of the copayment from the patient if this results in an excessive or fraudulent charge to a third party. (e) Any other practice in billing which THAT results in excessive or fraudulent charges to the patient.. "Letter of concern" means an advisory letter to notify a licensee that, while the evidence does not warrant disciplinary action, the board believes that the licensee should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in board action against the practitioner s license. A letter of concern is not a disciplinary action. A letter of concern is a public document and may be used in a future disciplinary action.. "Licensed" means licensed pursuant to this chapter.. "Recognized dental hygiene school" means a school that has a dental hygiene program with a minimum two academic year curriculum, and that maintains standards of entrance, study and graduation OR THE EQUIVALENT OF - -

4 S.B FOUR SEMESTERS, AND THAT IS approved by the board and accredited by the American dental association commission on dental accreditation or a program accrediting agency approved by the council on postsecondary accreditation.. "Recognized dental school" means a dental school maintaining standards of entrance, study and graduation approved by the board as satisfactory and accredited by the American dental association commission on dental accreditation or a program accrediting agency approved by the council on postsecondary accreditation.. "Recognized DENTURIST school of denture technology" means a denturist school maintaining standards of entrance, study and graduation approved by the board as satisfactory THAT IS ACCREDITED BY THE UNITED STATES DEPARTMENT OF EDUCATION OR THE COUNCIL ON HIGHER EDUCATION ACCREDITATION.. "Supervised personnel" means all dental hygienists, dental assistants, dental laboratory technicians, denturists, dental x-ray laboratory technicians and other persons supervised by licensed dentists.. "Unprofessional conduct" means the following acts, whether occurring in this state or elsewhere: (a) Intentional betrayal of a professional confidence or intentional violation of a privileged communication except as either of these may otherwise be required by law. This subdivision does not prevent members of the board from the full and free exchange of information with the licensing and disciplinary boards of other states, territories or districts of the United States or foreign countries, with the Arizona state dental association or any of its component societies or with the dental societies of other states, counties, districts, territories or foreign countries. (b) Using controlled substances as defined in section -0, narcotic drugs, dangerous drugs or marijuana as defined in section -0, or hypnotic drugs, including acetylurea derivatives, barbituric acid derivatives, chloral, paraldehyde, phenylhydantoin derivatives, sulfonmethane derivatives or any compounds, mixtures or preparations that may be used for producing hypnotic effects, or alcohol to the extent that it affects the ability of the dentist, denturist or dental hygienist to practice that person s profession. (c) Prescribing, dispensing or using drugs for other than accepted dental therapeutic purposes or for other than medically indicated supportive therapy in conjunction with managing a patient s dental needs. (d) Gross malpractice, or repeated acts constituting malpractice. (e) Acting or assuming to act as a member of the board if this is not true. (f) Procuring or attempting to procure a certificate of the national board of dental examiners or a license to practice dentistry or dental hygiene by fraud or misrepresentation or by knowingly taking advantage of the mistake of another. (g) Having professional connection with or lending one s name to an illegal practitioner of dentistry or any of the other healing arts. - -

5 S.B (h) Representing that a manifestly not correctable condition, disease, injury, ailment or infirmity can be permanently corrected, or that a correctable condition, disease, injury, ailment or infirmity can be corrected within a stated time, if this is not true. (i) Offering, undertaking or agreeing to correct, cure or treat a condition, disease, injury, ailment or infirmity by a secret means, method, device or instrumentality. (j) Refusing to divulge to the board, on reasonable notice and demand, the means, method, device or instrumentality used in the treatment of a condition, disease, injury, ailment or infirmity. (k) Giving or receiving, or aiding or abetting the giving or receiving, of rebates, either directly or indirectly. (l) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of dentistry. (m) Refusal, revocation or suspension of a license OR ANY OTHER DISCIPLINARY ACTION TAKEN AGAINST A DENTIST by, OR THE VOLUNTARY SURRENDER OF A LICENSE IN LIEU OF DISCIPLINARY ACTION TO, any other state, territory, district or country, unless the board finds that this action was not taken for reasons which THAT relate to the person s ability to safely and skillfully practice dentistry or to any act of unprofessional conduct. (n) Any conduct or practice which does or would constitute THAT CONSTITUTES a danger to the health, welfare or safety of the patient or the public. (o) Obtaining a fee by fraud or misrepresentation, or willfully or intentionally filing a fraudulent claim with a third party for services rendered or to be rendered to a patient. (p) Repeated irregularities in billing. (q) Employing unlicensed persons to perform or aiding and abetting unlicensed persons in the performance of work which THAT can be done legally only by licensed persons. (r) Practicing dentistry under a false or assumed name in this state, other than as allowed by section -. (s) Willfully or intentionally causing or permitting supervised personnel or auxiliary personnel operating under the licensee s supervision to commit illegal acts or perform an act or operation other than that permitted under article of this chapter and rules adopted by the board pursuant to section -. (t) Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation of or conspiring to violate any of the provisions of this chapter or any rule adopted by the board. (u) The following advertising practices: (i) The publication or circulation, directly or indirectly, of any false, fraudulent or misleading statements concerning the skill, methods or practices of the licensee or of any other person. - -

6 S.B (ii) Advertising in any manner which THAT tends to deceive or defraud the public. (v) Failing to dispense drugs and devices in compliance with article of this chapter. (w) Failing to comply with a final board order, including an order of censure or probation. (x) Failing to comply with a board subpoena in a timely manner. (y) Failing or refusing to maintain adequate patient records. (z) Failing to allow properly authorized board personnel, on demand, to examine and have access to documents, reports and records maintained by the licensee or certificate holder that relate to the dental practice or dentally related activity. (aa) Refusing to submit to a body fluid examination as required through a monitored treatment program or pursuant to a board investigation into a licensee s or certificate holder s alleged substance abuse. (bb) Failing to inform a patient of the type of material the dentist will use in the patient s dental filling and the reason why the dentist is using that particular filling. Sec.. Repeal Section -0, Arizona Revised Statutes, is repealed. Sec.. Title, chapter, article, Arizona Revised Statutes, is amended by adding a new section -0, to -0. Scope of practice; definition A. THE PRACTICE OF DENTISTRY IS THE EVALUATION, DIAGNOSIS, PREVENTION AND TREATMENT OF HUMAN DISEASES, DISORDERS AND CONDITIONS OF THE ORAL CAVITY, THE MAXILLOFACIAL AREA AND THE ADJACENT AND ASSOCIATED STRUCTURES WITHIN THE DENTIST S SCOPE OF EDUCATION, TRAINING AND EXPERIENCE AND ACCORDING TO THE ETHICS OF THE PROFESSION AND APPLICABLE LAW. B. FOR THE PURPOSES OF THIS SECTION, "TREATMENT" INCLUDES SURGICAL AND NONSURGICAL TREATMENT AND RELATED PROCEDURES. Sec.. Section -0, Arizona Revised Statutes, is amended to -0. Organization; meetings; quorum; staff A. The board shall elect from its membership a president and a vice-president who shall act also as secretary-treasurer. B. Board meetings shall be conducted pursuant to title, chapter, article.. A majority of the board constitutes a quorum, except that at least one of the lay person board members shall be present for the board to take any legal action. C. The board may employ an executive director, subject to legislative appropriation. D. The board or the executive director may employ personnel, as necessary, subject to legislative appropriation. Sec.. Section -0, Arizona Revised Statutes, is amended to -0. Powers and duties A. The board shall: - -

7 S.B Make ADOPT rules not inconsistent with this chapter for the regulation of its own conduct, for holding examinations and for regulating the practice of dentists and supervised and auxiliary personnel, provided: (a) Regulation of supervised and auxiliary personnel shall be based upon ON the degree of education and training of such THE SUPERVISED personnel, the state of scientific technology available and the necessary degree of supervision of such THE SUPERVISED personnel by dentists. (b) Except as provided pursuant to section -, only licensed dentists may perform diagnosis and treatment planning, prescribe medication and perform surgical procedures on hard and soft tissues. (c) Only a licensed dentist, or dental hygienist in consultation with a dentist, may perform examinations, oral health assessments and treatment sequencing for dental hygiene procedures.. Adopt a seal.. Keep a record of its proceedings and reports.. Establish a uniform and reasonable standard of minimum educational requirements consistent with the accreditation standards of the American dental association commission on dental accreditation or a program accrediting agency approved by the council on post-secondary accreditation to be observed by dental schools and dental hygiene schools in order to be classified as recognized dental schools or dental hygiene schools.. Establish a uniform and reasonable standard of minimum educational requirements to THAT ARE CONSISTENT WITH THE ACCREDITATION STANDARDS OF THE UNITED STATES DEPARTMENT OF EDUCATION OR THE COUNCIL ON HIGHER EDUCATION ACCREDITATION AND THAT MUST be observed by denture technology schools in order to be classified as recognized denture technology schools.. Pass upon DETERMINE the reputability and classification of dental schools, dental hygiene schools and denture technology schools in accordance with their compliance with the standard set forth in paragraph or of this subsection, whichever is applicable.. Pass upon DETERMINE the eligibility of applicants for examination, examine those found eligible and issue licenses to those who pass the examination.. Pass upon DETERMINE the eligibility of applicants for restricted permits and issue restricted permits to those found eligible.. Investigate charges of misconduct on the part of licensees and persons to whom restricted permits have been issued. 0. Issue a letter of concern, which is not a disciplinary action, but refers to practices that may lead to a violation and to disciplinary action.. Issue decrees of censure, fix periods and terms of probation, suspend or revoke licenses, certificates and restricted permits, as the facts may warrant, and reinstate licenses, certificates and restricted permits in proper cases.. Collect and disburse monies. - -

8 S.B Perform all other duties and things which THAT are necessary to enforce the provisions of this chapter and which THAT are not specifically or by necessary implication delegated to another person.. Issue a license to an applicant who is a graduate of a dental school that is not recognized by the board but who satisfies the requirements of section -.. ESTABLISH CRITERIA FOR THE RENEWAL OF PERMITS ISSUED PURSUANT TO BOARD RULES RELATING TO GENERAL ANESTHESIA AND SEDATION. B. The board may:. Sue and be sued.. Issue subpoenas, including subpoenas to the custodian of patient records, compel attendance of witnesses, administer oaths and take testimony concerning all matters within its jurisdiction. If a person refuses to obey a subpoena issued by the board, the refusal shall be certified to the superior court and proceedings shall be instituted for contempt of court.. Make ADOPT rules: (a) Prescribing requirements for continuing education for renewal of all licenses issued pursuant to this chapter. (b) Prescribing educational and experience prerequisites for the administration of intravenous or intramuscular drugs for the purpose of sedation or for use of general anesthetics in conjunction with a dental treatment procedure. (c) PRESCRIBING REQUIREMENTS FOR OBTAINING A DISABLED OR RETIRED LICENSE.. Hire consultants to assist the board in the performance of its duties and employ persons to provide investigative, professional and clerical assistance as it deems necessary.. Contract with other state or federal agencies as required to carry out the purposes of this chapter.. ORDER AND EVALUATE PHYSICAL, PSYCHOLOGICAL, PSYCHIATRIC AND COMPETENCY TESTING OF LICENSED DENTISTS AND DENTAL HYGIENISTS AND CERTIFIED DENTURISTS AND CANDIDATES FOR LICENSURE AND CERTIFICATION AS THE BOARD DETERMINES NECESSARY. C. Members of the board are personally immune from liability with respect to all acts done and actions taken in good faith and within the scope of their authority. D. The board by rule shall require that a licensee obtain a permit for the application of general anesthesia, semiconscious sedation or conscious sedation, shall establish and collect a fee of not more than three hundred dollars to cover administrative costs connected with issuing the permit and shall conduct inspections to assure compliance. E. The board by rule may establish and collect fees for license verification, board meeting agendas and minutes, published lists and mailing labels. - -

9 S.B Sec.. Section -0, Arizona Revised Statutes, is amended to -0. Annual report A. Not later than August OCTOBER OF each year, the board shall make an annual written report to the governor for the preceding year, setting forth therein THAT INCLUDES THE FOLLOWING INFORMATION:. The number of licensed dentists in the state,.. The number of licenses issued during the preceding year and to whom issued,.. The number of examinations held and the dates thereof, OF THE EXAMINATIONS.. The facts with respect to accusations filed with the board, of hearings held in connection therewith WITH THOSE ACCUSATIONS and the results thereof, OF THOSE HEARINGS.. The facts with respect to prosecution of persons charged with violations of this chapter,.. A full and complete statement of financial transactions of the board, and.. Any other matters THAT the board sees fit WISHES to include therein IN THE REPORT or as THAT the governor requires. B. ON REQUEST OF the governor may at any time demand a THE BOARD SHALL CONDUCT A further or supplemental report, and the board shall furnish such report. Sec.. Section -, Arizona Revised Statutes, is amended to -. Qualifications of applicant; application; fee A. An applicant for licensure shall be of good moral character, shall meet the requirements of section - and shall hold a diploma from a recognized dental school. If the school is not recognized, the candidate shall meet the requirements of subsection B of this section. B. A candidate who is a graduate of a dental school that is not recognized by the board shall meet the examination requirements of this article and shall do all of the following:. Present evidence of completion of a two year program in clinical dentistry at a dental school accredited by the American dental association commission on accreditation.. Pass parts I and II of the national dental board examinations.. Have passed the western regional examining board examination within the last five years.. Demonstrate to the satisfaction of the board an ability to read, write, speak, understand and be understood in the English language. C. Each candidate shall make SUBMIT A written application to the board accompanied by a nonrefundable Arizona dental jurisprudence examination fee prescribed by the board at its annual August meeting. This fee shall not exceed two hundred dollars. The board shall waive this fee for candidates who are holders of valid restricted permits. - -

10 S.B D. The board may deny an application for a license, an application to take an examination for a license or an application for a restricted permit if the applicant has done any of the following:. Committed any act which THAT would be cause for censure, probation or suspension or revocation of a license under this chapter.. While unlicensed, committed or aided and abetted the commission of any act for which a license is required by this chapter.. Knowingly made any false statement in the application.. HAD A LICENSE TO PRACTICE DENTISTRY REVOKED BY A DENTAL REGULATORY BOARD IN ANOTHER JURISDICTION IN THE UNITED STATES FOR AN ACT THAT OCCURRED IN THAT JURISDICTION THAT CONSTITUTES UNPROFESSIONAL CONDUCT PURSUANT TO THIS CHAPTER.. IS CURRENTLY UNDER INVESTIGATION, SUSPENSION OR RESTRICTION BY A DENTAL REGULATORY BOARD IN ANOTHER JURISDICTION IN THE UNITED STATES FOR AN ACT THAT OCCURRED IN THAT JURISDICTION THAT CONSTITUTES UNPROFESSIONAL CONDUCT PURSUANT TO THIS CHAPTER. IF THE APPLICANT IS UNDER INVESTIGATION BY A DENTAL REGULATORY BOARD IN ANOTHER JURISDICTION, THE BOARD SHALL SUSPEND THE APPLICATION PROCESS AND MAY NOT ISSUE OR DENY A LICENSE TO THE APPLICANT UNTIL THE INVESTIGATION IS RESOLVED.. SURRENDERED, RELINQUISHED OR GAVE UP A LICENSE TO PRACTICE DENTISTRY IN LIEU OF DISCIPLINARY ACTION BY A DENTAL REGULATORY BOARD IN ANOTHER JURISDICTION IN THE UNITED STATES FOR AN ACT THAT OCCURRED IN THAT JURISDICTION THAT CONSTITUTES UNPROFESSIONAL CONDUCT PURSUANT TO THIS CHAPTER. Sec.. Title, chapter, article, Arizona Revised Statutes, is amended by adding section -, to -. Reinstatement of license; application for previously denied license A. ON WRITTEN APPLICATION THE BOARD MAY ISSUE A NEW LICENSE OR CERTIFICATE TO A DENTIST, DENTAL HYGIENIST OR DENTURIST WHOSE LICENSE OR CERTIFICATE WAS PREVIOUSLY SUSPENDED, REVOKED BY THE BOARD OR SURRENDERED BY THE APPLICANT IF THE APPLICANT DEMONSTRATES TO THE BOARD S SATISFACTION THAT THE APPLICANT IS COMPLETELY REHABILITATED WITH RESPECT TO THE CONDUCT THAT WAS THE BASIS FOR THE SUSPENSION, REVOCATION OR SURRENDER. IN MAKING ITS DECISION, THE BOARD SHALL DETERMINE:. THAT THE APPLICANT HAS NOT ENGAGED IN ANY CONDUCT DURING THE SUSPENSION, REVOCATION OR SURRENDER PERIOD THAT WOULD HAVE CONSTITUTED A BASIS FOR REVOCATION PURSUANT TO SECTION -.. IF A CRIMINAL CONVICTION WAS A BASIS FOR THE SUSPENSION, REVOCATION OR SURRENDER, THAT THE APPLICANT S CIVIL RIGHTS HAVE BEEN FULLY RESTORED PURSUANT TO STATUTE OR ANY OTHER APPLICABLE RECOGNIZED JUDICIAL OR GUBERNATORIAL ORDER.. THAT THE APPLICANT HAS MADE RESTITUTION TO ANY AGGRIEVED PERSON AS ORDERED BY A COURT OF COMPETENT JURISDICTION. - -

11 S.B THAT THE APPLICANT DEMONSTRATES ANY OTHER STANDARD OF REHABILITATION THE BOARD DETERMINES IS APPROPRIATE. B. EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION, A PERSON MAY NOT SUBMIT AN APPLICATION FOR REINSTATEMENT LESS THAN FIVE YEARS AFTER THE DATE OF SUSPENSION, REVOCATION OR SURRENDER. C. THE BOARD SHALL VACATE ITS PREVIOUS ORDER TO SUSPEND OR REVOKE A LICENSE OR CERTIFICATE IF THAT SUSPENSION OR REVOCATION WAS BASED ON A CONVICTION OF A FELONY OR AN OFFENSE INVOLVING MORAL TURPITUDE AND THAT CONVICTION HAS BEEN REVERSED ON APPEAL. THE PERSON MAY SUBMIT AN APPLICATION FOR REINSTATEMENT AS SOON AS THE COURT ENTERS THE REVERSAL. D. AN APPLICANT FOR REINSTATEMENT MUST COMPLY WITH ALL INITIAL LICENSING OR CERTIFICATION REQUIREMENTS PRESCRIBED BY THIS CHAPTER. E. A PERSON WHOSE APPLICATION FOR A LICENSE OR CERTIFICATE HAS BEEN DENIED FOR FAILURE TO MEET ACADEMIC REQUIREMENTS MAY APPLY FOR LICENSURE OR CERTIFICATION NOT LESS THAN TWO YEARS AFTER THE DENIAL. F. A PERSON WHOSE APPLICATION FOR A LICENSE HAS BEEN DENIED PURSUANT TO SECTION -, SUBSECTION D MAY APPLY FOR LICENSURE NOT LESS THAN FIVE YEARS AFTER THE DENIAL. Sec. 0. Section -, Arizona Revised Statutes, is amended to -. Corporate practice; display of name and license receipt or license; duplicate licenses; fee A. It is lawful to practice dentistry as a professional corporation. B. It is lawful to practice dentistry under a name other than that of the licensed practitioners if such THE name is not deceptive or misleading. and is approved in advance by the board. In approving such names, the board shall consider:. Whether the proposed name is contrary to the provisions of section -0, paragraph, subdivision (r).. Whether the proposed name would duplicate or be deceptively similar to any names previously submitted or approved or in common use in this state or by any national organization. C. The DENTIST S name of every person practicing dentistry shall be conspicuously displayed at the entrance to the place where he THE DENTIST practices. A licensee s receipt for the current licensure period shall be displayed in his THE LICENSEE S place of practice in such A manner as to be THAT IS always readily observable by patients or visitors and shall be exhibited to members of the board or to duly authorized agents of the board upon ON request. The receipt for the licensure period immediately preceding shall be kept on display until replaced by the receipt for the current period. During the year in which the licensee is first licensed and until the receipt for the following period is received, the license shall be displayed in lieu of the receipt. D. When IF a licensee DENTIST maintains more than one place of practice, the board may issue one or more duplicate licenses or receipts on - 0 -

12 S.B payment of a fee fixed by the board not exceeding twenty-five dollars for each duplicate. E. When IF a person LICENSEE legally changes his THE LICENSEE S name from that in which his THE license was originally issued, the board may, upon, ON satisfactory proof of such THE change and surrender of the original license, if obtainable, MAY issue a new license in the new name and shall charge the established fee for duplicate licenses therefor. Sec.. Section -.0, Arizona Revised Statutes, is amended to -.0. Types of disciplinary action; letter of concern; judicial review; notice; removal of notice; classification A. The board may take any one or a combination of the following disciplinary actions against any person licensed under this chapter:. Revocation of license to practice.. Suspension of license to practice for any period up to one year.. Entering a decree of censure, which may require that restitution be made to an aggrieved party.. Issuance of an order fixing a period and terms of probation best adapted to protect the public health and safety and to rehabilitate the licensed person. The order fixing a period and terms of probation may require that restitution be made to the aggrieved party.. Imposition of an administrative penalty in an amount not to exceed two thousand dollars for each violation of this chapter or rules adopted under this chapter.. Imposition of a requirement for restitution of fees to the aggrieved party.. Imposition of restrictions on the scope of practice.. Imposition of peer review and professional education requirements.. IMPOSITION OF COMMUNITY SERVICE. B. The board may issue a letter of concern if a licensee s continuing practices may cause the board to take disciplinary action. C. Failure to comply with any final order of the board, including an order of censure or probation, is cause for suspension or revocation of a license. D. Except as provided in section -0.0, subsection H, final decisions of the board are subject to judicial review pursuant to title, chapter, article. E. If the board acts to modify any dentist s prescription writing privileges, it shall immediately notify the state board of pharmacy of the modification. F. The board may post a notice of its suspension or revocation of a license at the licensee s place of business. This notice shall remain posted for sixty days. A person who removes this notice without board or court authority before that time is guilty of a class misdemeanor. - -

13 S.B G. A LICENSEE WHO FAILS TO ANSWER THE CHARGES IN A COMPLAINT AND NOTICE OF HEARING ISSUED PURSUANT TO THIS ARTICLE AND TITLE, CHAPTER, ARTICLE 0 IS DEEMED TO ADMIT THE ACTS CHARGED IN THE COMPLAINT AND THE BOARD MAY REVOKE OR SUSPEND THE LICENSE WITHOUT A HEARING. Sec.. Section -.0, Arizona Revised Statutes, is amended to -.0. Investigation and adjudication of complaints; subpoena authority A. The board on its motion may investigate any evidence which THAT appears to show the existence of any of the causes or grounds for disciplinary action as provided in section -. B. The board shall investigate a complaint signed by the complainant which THAT appears to show the existence of any of the causes or grounds for disciplinary action as provided in section -. If requested, the board shall inform the respondent of the name of the complainant unless the complaint involved a licensee s alcohol or drug impairment. Patient information pursuant to subsection I of this section shall not be disclosed unless such THAT person s testimony is essential to the disciplinary proceedings conducted pursuant to this section. All investigative material, including dental records, is confidential and shall not be disclosed unless the information is essential to the disciplinary proceedings conducted pursuant to this section. C. After a motion by the board or upon ON receipt of a complaint signed by the complainant, as provided in subsections A and B of this section, the president of the board or the president s designee shall request either an informal interview with the licensee against whom the complaint was filed or motion to investigate was made or shall refer the complaint or motion to investigate to an investigator appointed by the board, who need not be a member of the board. The board may appoint more than one investigator. If the circumstances warrant an emergency suspension pursuant to section -0., the board may dispense with the procedures required by this section. If the licensee against whom the complaint was filed or motion to investigate was made refuses to cooperate with the board or if the license has been summarily suspended pursuant to section -0., the matter shall be immediately advanced to a formal board hearing as provided in title, chapter, article 0, at which time the evidence supporting the imposition of disciplinary actions shall be presented and formal board action shall be taken. If the licensee chooses to cooperate with the board, the procedures shall be as follows:. If a complaint signed by the complainant refers to quality of care, the patient may be referred for a clinical evaluation, the results of which may be used for deliberation in an informal interview, for an investigator s recommendation or for a formal hearing.. If an informal interview is requested, the president or the president s designee shall appoint a member of the board to act as the - -

14 S.B informal interviewing officer and the board shall notify the licensee in writing of the reasons for the interview and the date of the interview. The date of the interview shall not be less than twenty days after notification. The informal interviewing officer shall, Within ninety days of appointment, THE INFORMAL INTERVIEWING OFFICER SHALL hold the interview and make a written recommendation to the board on whether disciplinary action is appropriate and, if it is appropriate, the type of disciplinary action which THAT THE BOARD should be taken TAKE.. If the matter is referred to an investigator, the investigator shall within ten days begin to investigate the charges WITHIN TEN DAYS and shall exercise all the powers of the board in such an THAT investigation. Within ninety days of referral, unless good cause requires longer, the investigator shall make a written recommendation to the board on whether disciplinary action is appropriate and, if it is appropriate, the type of disciplinary action which THAT THE BOARD should be taken TAKE.. In cases in which the informal interviewing officer or the investigator recommends sanctions, a copy of the reports shall be made available to the licensee.. The board may refer the matter to mediation if the complaint does not appear to include dental incompetence, malpractice or grounds that involve criminal allegations. A mediator shall not be involved in any further investigation of the complaint. The board shall review and approve all mediation. D. Within sixty days of AFTER receipt of the written report of the informal interviewing officer or the investigator, the board shall issue preliminary findings based on the written report. The findings shall be made as follows:. If the board finds that the evidence would, if proved true, warrant suspension or revocation of a license issued under this chapter, formal proceedings for the revocation or suspension of the license shall be immediately initiated as provided in title, chapter, article 0.. If the board finds that the evidence does not warrant suspension or revocation of a license, the preliminary order shall either dismiss the complaint or order other disciplinary action pursuant to section -.0, subsection A. E. A copy of a preliminary order shall be given to the complainant and to the licensee. Within ten days of receipt of the copy, either party PURSUANT TO TITLE, CHAPTER, ARTICLE 0, THE LICENSEE OR APPLICANT FOR LICENSURE may move for rehearing or review pursuant to title, chapter, article 0. F. Any person who in good faith makes a report as provided in this section to the board or to any person or committee acting on behalf of the board is not subject to liability for civil damages as a result of the report. - -

15 S.B G. The board, through its president or the president s designee, may issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths, take testimony, hear proof and receive exhibits in evidence in connection with an investigation initiated by the board or a complaint filed with the board. In case of disobedience to a subpoena the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence. H. The person in charge of any disciplinary proceeding conducted pursuant to this section may require testimony to be given under oath. The person in charge of the proceeding shall administer the oath. I. Patient records, including clinical records, medical reports, laboratory statements and reports, files, films, reports or oral statements relating to diagnostic findings or treatment of patients, any information from which a patient or a patient s family may be identified or information received and records kept by the board as a result of the investigation procedures taken pursuant to this chapter are not available to the public. Sec.. Section -, Arizona Revised Statutes, is amended to -. Maintenance of records A. A person licensed or certified pursuant to this chapter shall make and maintain legible written records concerning all DIAGNOSIS, EVALUATION AND treatment of each patient OF RECORD. A LICENSEE OR CERTIFICATE HOLDER SHALL MAINTAIN RECORDS STORED OR PRODUCED ELECTRONICALLY IN RETRIEVABLE PAPER FORM. These records shall include:. All treatment notes and dental charting INCLUDING CURRENT HEALTH HISTORY AND CLINICAL EXAMINATIONS.. Prescription and dispensing information INCLUDING ALL DRUGS, MEDICAMENTS AND DENTAL MATERIALS USED FOR PATIENT CARE.. DIAGNOSIS AND treatment planning.. Other information relating to patient care.. DENTAL AND PERIODONTAL CHARTING. SPECIALIST CHARTING MUST INCLUDE AREAS OF REQUESTED CARE AND NOTATION OF VISUAL ORAL EXAMINATION DESCRIBING ANY AREAS OF POTENTIAL PATHOLOGY OR RADIOGRAPHIC IRREGULARITIES.. ALL RADIOGRAPHS. B. Records shall be available for review and for treatment purposes to the dentist, dental hygienist or denturist providing care. C. On request, the licensee or certificate holder shall make these records available to the board as part of an investigation process. D. On a patient s request, that patient s dentist, dental hygienist or denturist shall transfer legible and diagnostic quality copies of that patient s records to another licensee or certificate holder or that patient. The patient may be charged for the reasonable costs of copying and forwarding these records. - -

16 S.B Sec.. Section -, Arizona Revised Statutes, is amended to -. Qualifications of applicant; application; fee; rules A. An applicant for licensure as a dental hygienist shall be at least eighteen years of age, shall be of good moral character, shall meet the requirements of section - and shall present to the board evidence of graduation or a certificate of satisfactory completion in a course or curriculum in dental hygiene from a recognized dental hygiene school. A candidate shall make written application to the board accompanied by a nonrefundable Arizona dental jurisprudence examination fee of not to exceed fifty dollars. THE BOARD SHALL WAIVE THIS FEE FOR CANDIDATES WHO ARE HOLDERS OF VALID RESTRICTED PERMITS. B. The board shall adopt rules that govern the practice of dental hygienists and that are not inconsistent with the provisions of this chapter. Sec.. Repeal Section -, Arizona Revised Statutes, is repealed. Sec.. Title, chapter, article, Arizona Revised Statutes, is amended by adding section -, to -. Restricted permits A. THE BOARD MAY ISSUE A RESTRICTED PERMIT TO PRACTICE DENTAL HYGIENE TO AN APPLICANT WHO MEETS THE REQUIREMENTS OF THIS SECTION. B. A PERSON WHO HOLDS A RESTRICTED PERMIT ISSUED BY THE BOARD MAY PRACTICE DENTAL HYGIENE ONLY IN THE COURSE OF THE PERSON S EMPLOYMENT BY A RECOGNIZED CHARITABLE DENTAL CLINIC OR ORGANIZATION APPROVED BY THE BOARD. C. THE APPLICANT FOR A RESTRICTED PERMIT MUST FILE A COPY OF THE PERSON S EMPLOYMENT CONTRACT WITH THE BOARD THAT INCLUDES A STATEMENT SIGNED BY THE APPLICANT THAT THE APPLICANT:. UNDERSTANDS THAT IF THAT PERSON S EMPLOYMENT IS TERMINATED BEFORE THE RESTRICTED PERMIT EXPIRES, THE PERMIT IS AUTOMATICALLY REVOKED AND THAT PERSON MUST VOLUNTARILY SURRENDER THE PERMIT TO THE BOARD AND IS NO LONGER ELIGIBLE TO PRACTICE UNLESS THAT PERSON MEETS THE REQUIREMENTS OF SECTIONS - AND - OR PASSES THE EXAMINATION REQUIRED IN THIS ARTICLE.. MUST BE EMPLOYED WITHOUT COMPENSATION BY A DENTAL CLINIC OR ORGANIZATION THAT IS OPERATED FOR A CHARITABLE PURPOSE.. IS SUBJECT TO THE PROVISIONS OF THIS CHAPTER THAT APPLY TO THE REGULATION OF DENTAL HYGIENISTS. D. THE BOARD MAY DENY AN APPLICATION FOR A RESTRICTED PERMIT IF THE APPLICANT HAS:. COMMITTED AN ACT THAT IS A CAUSE FOR DISCIPLINARY ACTION PURSUANT TO THIS CHAPTER.. WHILE UNLICENSED, COMMITTED OR AIDED AND ABETTED THE COMMISSION OF ANY ACT FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS CHAPTER.. KNOWINGLY MADE A FALSE STATEMENT IN THE APPLICATION. - -

17 S.B Sec.. Section -, Arizona Revised Statutes, is amended to -. Board of dental examiners; additional powers and duties A. In addition to other powers and duties prescribed by this chapter, the board shall:. So AS far as applicable, exercise the same powers and duties in administering and enforcing this article as it exercises under section -0 in administering and enforcing other articles of this chapter.. Establish a uniform and reasonable standard of minimum educational requirements to be observed by schools training denturists as prescribed by section -.. Examine and accredit denturist schools and curricula... Pass upon DETERMINE the eligibility of applicants for examination, examine eligible applicants and issue certificates to applicants who pass the examination... Investigate charges of misconduct on the part of certified denturists... Issue decrees of censure, fix periods and terms of probation, suspend or revoke certificates as the facts may warrant and reinstate certificates in proper cases. B. The board may:. Promulgate ADOPT rules and regulations prescribing requirements for continuing education for renewal of all certificates issued pursuant to this article.. Hire consultants to assist the board in the performance of its duties. C. In all matters relating to discipline and certifying of denturists and the giving and grading of examinations, the board shall, by rule and regulation, SHALL provide for receiving the assistance and advice of denturists who have been previously certified pursuant to this chapter. Sec.. Section -, Arizona Revised Statutes, is amended to -. Qualifications of applicant A. To be eligible for examination, a candidate for a certificate to practice denture technology shall:. Be of good moral character.. Hold a high school diploma or its equivalent.. Hold a diploma in denture technology granted by a school accredited by the board.. PRESENT TO THE BOARD EVIDENCE OF GRADUATION FROM A RECOGNIZED SCHOOL OF DENTURE TECHNOLOGY OR A CERTIFICATE OF SATISFACTORY COMPLETION OF A COURSE OR CURRICULUM IN DENTURE TECHNOLOGY FROM A RECOGNIZED SCHOOL OF DENTURE TECHNOLOGY. - -

18 S.B B. A CANDIDATE FOR CERTIFICATION SHALL SUBMIT A WRITTEN APPLICATION TO THE BOARD THAT INCLUDES A NONREFUNDABLE ARIZONA DENTAL JURISPRUDENCE EXAMINATION FEE AS PRESCRIBED BY THE BOARD. Sec.. Section -, Arizona Revised Statutes, is amended to -. Accreditation of schools A. The board shall establish and publish criteria which any school teaching denture technology must meet in order to be accredited by the board. B. In establishing such criteria, the board shall consider the curriculum, methods of instruction, facilities and faculty necessary to adequately train a denturist. C. A. In order to be accredited BY THE UNITED STATES DEPARTMENT OF EDUCATION OR THE COUNCIL ON HIGHER EDUCATION ACCREDITATION, any A school must require for the granting of a diploma in denture technology at least sixty semester hours of courses in subjects to be determined by the board. Such THESE subjects shall include:. Anatomy, physiology, nutrition and diet.. Microbiology, pathology, histology, embryology and pharmacology.. Speech, English, ethics, psychology and sociology.. Denture techniques, materials and construction.. Dental morphology and anatomy. D. B. Advanced placement or credit by examination may be granted by an accredited school in any subject area in accordance with institution policy and based on the same standards of achievement required for students who earn credit in the usual way. E. In order to assist the board in establishing criteria for accreditation and in accrediting schools, the board shall appoint an advisory committee consisting of dentists, educators and persons seeking certification as denturists. Sec. 0. Section -.0, Arizona Revised Statutes, is amended to -.0. Application for examination A. Each candidate shall make written application to the board accompanied by the JURISPRUDENCE examination fee which shall not be refunded. B. The board may deny an application to take an examination if the applicant has:. HAS committed any act which THAT would be cause for censure, probation, suspension or revocation of a certificate under this article CHAPTER.. HAS knowingly made any false statement in the application.. WHILE UNCERTIFIED, HAS COMMITTED OR AIDED AND ABETTED THE COMMISSION OF ANY ACT FOR WHICH A CERTIFICATE IS REQUIRED UNDER THIS CHAPTER.. HAS HAD A CERTIFICATE TO PRACTICE DENTURE TECHNOLOGY REVOKED BY A REGULATORY BOARD IN ANOTHER JURISDICTION IN THE UNITED STATES OR CANADA FOR - -

19 S.B AN ACT THAT OCCURRED IN THAT JURISDICTION THAT CONSTITUTES UNPROFESSIONAL CONDUCT PURSUANT TO THIS CHAPTER.. IS CURRENTLY UNDER INVESTIGATION, SUSPENSION OR RESTRICTION BY A REGULATORY BOARD IN THE UNITED STATES OR CANADA FOR AN ACT THAT OCCURRED IN THAT JURISDICTION THAT CONSTITUTES UNPROFESSIONAL CONDUCT PURSUANT TO THIS CHAPTER. IF THE APPLICANT IS UNDER INVESTIGATION BY A REGULATORY BOARD IN ANOTHER JURISDICTION, THE BOARD SHALL SUSPEND THE APPLICATION PROCESS AND MAY NOT ISSUE OR DENY A CERTIFICATE TO THE APPLICANT UNTIL THE INVESTIGATION IS RESOLVED.. HAS SURRENDERED, RELINQUISHED OR GIVEN UP A CERTIFICATE TO PRACTICE DENTURE TECHNOLOGY IN LIEU OF DISCIPLINARY ACTION BY A REGULATORY BOARD IN ANOTHER JURISDICTION IN THE UNITED STATES OR CANADA FOR AN ACT THAT OCCURRED IN THAT JURISDICTION THAT CONSTITUTES UNPROFESSIONAL CONDUCT PURSUANT TO THIS CHAPTER. Sec.. Section -.0, Arizona Revised Statutes, is amended to -.0. Examination A. Examination shall be upon such ON subjects PRESCRIBED BY THE BOARD and SHALL BE conducted by members of the board who are licensed dentists, or by designees of the board, in such manner as the board directs and shall test the applicants on both theory and clinical proficiency OR A TESTING AGENCY APPROVED BY THE BOARD. Any board member participating in an examination being given by the board may examine a candidate in any subjects included in the examination. B. All examination records shall be kept by the board and shall be ARE open to inspection at reasonable times by members of the board, by the applicant or an authorized agent, or by a court of competent jurisdiction in a proceeding in which a question of the contents of the records is involved. The examination records shall be ARE the property of the board and shall not be removed from its possession without its consent. Examination papers may be destroyed after one year from the date on which the results are announced. The examination results shall be retained as a part of the records of the board. Sec.. Section -.0, Arizona Revised Statutes, is amended to -.0. Qualification for reexamination An applicant for examination who has previously failed two or more examinations shall, as a condition of eligibility to take any further examination, SHALL furnish to the board satisfactory evidence of having successfully completed additional training in a AN ACCREDITED denture technology school accredited by the board or refresher courses approved by the board OR THE BOARD S TESTING AGENCY. - -

20 S.B. 0 Sec.. Section -.0, Arizona Revised Statutes, is amended to -.0. Fees The board shall establish and collect fees, not to exceed the following amounts:. For JURISPRUDENCE examination of an applicant, one hundred fifty dollars.. For timely renewal of the certificate of a denturist, seventy-five dollars... For each replacement or duplicate certificate, twenty-five dollars. - -