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House Engrossed Senate Bill
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State of Arizona
Senate
Forty-fourth Legislature
Second Regular Session
2000
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CHAPTER 87
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SENATE BILL 1155
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AN ACT
AMENDING SECTIONS 32-1201 AND 32-1203, ARIZONA REVISED STATUTES; REPEALING SECTION 41-3000.20, ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 27, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-3005.07; RELATING TO THE BOARD OF DENTAL EXAMINERS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1201, Arizona Revised Statutes, is amended to read:
32-1201. Definitions
In this chapter, unless the context otherwise requires:
1. "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.
2. "Board" means the state board of dental examiners.
3. "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 involve close proximity to the patient while the patient is under treatment or observation or undergoing diagnostic procedures.
4. "Dental hygienist" means anyone licensed and engaged in the general practice of dental hygiene and all related and associated duties including educational, clinical and therapeutic dental hygiene procedures.
5. "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 his THAT PERSON'S
patients.
6. "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 cavity, teeth, investing tissues, maxilla or mandible or adjacent associated structures.
7. "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 radiography including cephalometrics, panoramic and maxillo-facial tomography and other dental related non-fluoroscopic diagnostic imaging modalities.
8. "Dentistry," "dentist" and "dental" means the general practice of dentistry and all specialties or restricted practices of dentistry.
9. "Denturist" means a person practicing denture technology pursuant to article 5 of this chapter.
10. "Disciplinary action" means regulatory sanctions imposed by the board in combination with, or as an alternative to, revocation or suspension of a license, which 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.
11. "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 results in excessive or fraudulent charges to the patient.
12. "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.
13. "Licensed" means licensed in this state PURSUANT TO THIS CHAPTER.
14. "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 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 post-secondary POSTSECONDARY accreditation.
15. "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 post-secondary POSTSECONDARY
accreditation.
16. "Recognized school of denture technology" means a denturist school maintaining standards of entrance, study and graduation approved by the board as satisfactory.
17. "Supervised personnel" means all dental hygienists, dental assistants, dental laboratory technicians, denturists, dental x-ray laboratory technicians and other persons supervised by licensed dentists.
18. "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) Use of USING controlled substances as defined in section 36-2501,
narcotic drugs, dangerous drugs or marijuana as defined in section 13-3401, 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 his 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 when such is not the
fact 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.
(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 such
THIS is not the fact 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, upon 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 by any other state, territory,
district or country, unless the board finds that such THIS ACTION was not
occasioned by TAKEN FOR reasons which 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 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 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 32-1262.
(s) Willfully or intentionally causing or permitting supervised personnel or
auxiliary personnel operating under his THE LICENSEE'S supervision to commit
illegal acts or perform an act or operation other than that permitted under the
provisions of article 4 of this chapter and by the rules adopted by the board
pursuant to section 32-1282.
(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
himself THE LICENSEE or of any other person.
(ii) Advertising in any manner which tends to deceive or defraud the public.
(v) Failing to dispense drugs and devices in compliance with article 6 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. 2. Section 32-1203, Arizona Revised Statutes, is amended to read:
32-1203. Dental board; qualifications of members; terms
A. The state dental board is established consisting of six licensed dentists, two
licensed dental hygienists and three lay people PUBLIC MEMBERS appointed by the
governor. Each board member shall be appointed for a term of four years, to begin
and end on January 1.
B. The governor may fill a vacancy on the board for a position for a licensed
dentist from a list of ethical practitioners recommended for appointment by the Arizona
state dental association, over the signatures of the president and vice-president. The
governor may fill a dental hygienist vacancy on the board from a list of individuals
recommended by the Arizona state dental hygienists' association over the signatures of
its president and vice-president. The governor may request additional lists as
necessary. Lay person board PUBLIC members appointed pursuant to this section
may participate in all board proceedings and determinations, except in the preparing,
giving or grading of examinations for licensure. Dental hygienist board members
appointed pursuant to this section may participate in all board proceedings and
determinations, except in the preparing, giving and grading of examinations which do not
relate to dental hygiene procedures.
C. No A BOARD member of the board may SHALL NOT serve more than
two consecutive terms.
Sec. 3. Repeal
Section 41-3000.20, Arizona Revised Statutes, is repealed.
Sec. 4. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3005.07, to read:
41-3005.07. State board of dental examiners; termination July 1, 2005
A. THE STATE BOARD OF DENTAL EXAMINERS TERMINATES ON JULY 1, 2005.
B. TITLE 32, CHAPTER 11 IS REPEALED ON JANUARY 1, 2006.
Sec. 5. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the purpose of the state board of dental examiners is to protect the public health and safety by regulating the practice of dentistry.
Sec. 6. Retroactivity
Sections 3 and 4 of this act are effective retroactively to July 1, 2000.
APPROVED BY THE GOVERNOR MARCH 29, 2000.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 30, 2000.