ARIZONA STATE SENATE
Phoenix, Arizona
board of dental examiners; omnibus
Makes numerous changes to the statutes governing the Board of Dental Examiners (Board).
The Board has not made major revisions to its governing statutes since 1995. At the request of the Board, this bill make several changes to the statutes governing the practice of dentistry, dental hygiene and denture technology.
Specifically, S.B. 1271 enhances the authority of the Board to deny a license to an applicant who had a license revoked in another jurisdiction, is under investigation, suspension or restriction in another jurisdiction or has surrendered a license in another jurisdiction. This bill also authorizes the Board to issue restricted permits to applicants who practice dental hygiene in a charitable dental clinic or organization. Currently, the Board is only authorized to issue restricted permits to dentists. Pursuant to statute, restricted permits are valid for one year and may be renewed.
This legislation also establishes a process and time frames for the reinstatement of a license or certificate that has been suspended, revoked or surrendered. Under this process, applicants are required to demonstrate complete rehabilitation with respect to the conduct that was the basis for the suspension, revocation or surrender. S.B. 1271 also clarifies the Board’s authority to promulgate certain regulations such as renewing anesthesia and sedation permits and prescribing requirements for obtaining a disabled or retired license.
The increase of compensation to Board members for each meeting has a cost of $6,600 which impacts the dental board fund.
1. Requires the Board to establish criteria for renewing permits for general anesthesia and sedation.
2. Authorizes the Board to prescribe requirements for obtaining a disabled or retired license.
3. Authorizes the Board to order and evaluate physical, psychological, psychiatric and competency testing of license and certificate holders and licensure or certification applicants.
4. Authorizes the Board to deny an application for a license to practice dentistry if the applicant:
a) had a license revoked in another jurisdiction for an act that constitutes unprofessional conduct in this State.
b) is under investigation, suspension or restriction in another jurisdiction for an act that constitutes unprofessional conduct in this State.
c) surrendered or relinquished a license in another jurisdiction for an act that constitutes unprofessional conduct in this State.
5. Requires the Board to suspend the application process of an applicant who is under investigation in another state until the investigation is resolved.
6. Authorizes the Board to issue a new license or certificate to a dentist, dental hygienist or denturist whose license or certificate was suspended, revoked or surrendered.
7. Prescribes requirements of applicants for reinstatement of a license or certificate.
8. Prohibits a person from applying for reinstatement within five years of the suspension, revocation or surrender.
9. Prohibits a person whose license or certificate has been denied for failing to meet academic requirements from re-applying within two years of the denial.
10. Prohibits a person whose license has been denied for certain acts from re-applying within five years of the denial.
11. Eliminates the restriction on the Board’s authority to suspend a license up to one year.
12. Clarifies the Board’s authority to impose community service as a disciplinary action.
13. Allows the Board to suspend or revoke a license without a hearing if the licensee fails to answer the charges in a complaint and notice of hearing at the Office of Administrative Hearings.
14. Authorizes the Board to issue a restricted permit to an applicant to practice dental hygiene for a recognized charitable dental clinic or organization approved by the Board.
15. Requires the applicant for a restricted permit to file with the Board a copy of the employment contract, including a signed statement that acknowledges the permit is revoked if employment is terminated, the permit holder works without compensation and the permit holder is subject to the dental hygiene laws.
16. Authorizes the Board to deny an application for a restricted permit for specified reasons.
17. Requires the Board to waive the application for a dental hygienist license if the applicant has a valid restricted permit.
18. Requires an applicant for a certificate to practice denture technology to submit an application to the Board with a nonrefundable fee as prescribed by the Board in order to take the Arizona dental jurisprudence exam.
19. Allows the Board to approve a testing agency to conduct the licensing exam for denturists and to provide additional training for applicants who failed two or more licensing exams.
20. Expands the definition of a “recognized dental hygiene school” to include a program with an equivalent of four semesters.
21. Eliminates the requirement of the Board to approve of a “recognized dental school” and a “recognized denturist school”.
22. Requires a “recognized denturist school” to be accredited by the U.S. Department of Education or the council on higher education accreditation.
23. Expands the definition of “unprofessional conduct” to include any disciplinary action taken against a dentist, and the voluntary surrender of a license in lieu of disciplinary action.
24. Updates the definition for the dentistry scope of practice.
25. Changes the Board’s annual reporting date from August 1 to October 1.
26. Increases, from $100 to $200, the compensation to members for each day of work.
27. Eliminates the requirement that at least one public member be present for the Board to take legal action.
28. Requires license and certificate holders to maintain records stored electronically in retrievable paper form.
29. Expands the record keeping requirement to include records concerning diagnosis, evaluation, dental and periodontal charting and radiographs.
30. Repeals the requirement of the Board to notify the Secretary of State of licenses issued to dental hygienists.
31. Eliminates the requirement of the Board to approve the name of a corporate practice.
32. Eliminates the fee for timely renewal of the certificate of a denturist.
33. Eliminates obsolete language.
34. Contains conforming, clarifying and technical changes.
35. Provides for a general effective date.
Prepared by Senate Staff
February 8, 2002