Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1240 Comm Sub / Analysis

Filed 03/09/2022

                    Assigned to HHS 	AS PASSED BY COW 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
AMENDED 
FACT SHEET FOR S.B. 1240 
 
dental board; access to records 
Purpose 
 Allows the Arizona State Board of Dental Examiners (BODEX) to establish an 
investigation committee to investigate and adjudicate complaints. Modifies examination 
requirements and license renewal procedures for dental licensees and certificate holders. Requires 
outlined information to be made available to BODEX free of charge as part of an investigation.  
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.  
 BODEX is charged with the investigation of complaints regarding dental professionals and 
related business entities, which are resolved through: 1) the issuing of a letter of concern; 2) the 
issuing of decrees of censure; 3) fixing periods and terms of probation; 4) suspending or revoking 
licenses, certificates and restricted permits; and 5) reinstating licenses, certificates and restricted 
permits in proper cases (A.R.S. § 32-1207). 
 Current statute requires, upon request, dental licensees or certificate holders to grant 
authorized BODEX personnel access to their place of practice to conduct an inspection as well as 
access to their records, books and documents as part of an investigation (A.R.S. § 32-1264).  
Dental licenses, dental therapy licenses, dental hygiene licenses and denturist certificates 
expire 30 days after the license or certificate holder's birthday every third year. At this time, every 
license or certificate holder must submit a completed renewal application to BODEX and pay a 
BODEX-established license renewal fee (A.R.S. §§ 32-1236; 32-1276.02; 32-1287; and  
32-1297.06).  
 There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
Investigation Committee 
1. Allows BODEX to establish an investigation committee, of no more than 11  
BODEX-appointed members, who: 
a) are in good standing; and 
b) serve BODEX to investigate any complaint submitted to BODEX, initiated by BODEX or 
delegated by BODEX.  FACT SHEET – Amended 
S.B. 1240 
Page 2 
 
 
2. Allows investigation committee members to receive $100 in compensation for each committee 
meeting. 
3. Transfers complaint investigation and adjudication authorities from BODEX's Executive 
Director to the investigation committee, if established. 
4. Allows BODEX or the investigation committee to designate one or more persons of 
appropriate competence to assist BODEX or investigation committee with any aspect of an 
investigation.  
5. Requires investigation results, including any investigation committee recommendations for 
licensee disciplinary action, to be forwarded to BODEX for review.  
6. Requires, on review, BODEX to approve, modify or reject the investigation committee's 
action. 
7. Defines good standing as a person who holds an unrestricted and unencumbered license that 
has not been suspended or revoked. 
Miscellaneous 
8. Removes the requirement that all dental licensure applicants pass the Western Regional 
Examining Board Examination. 
9. Specifies that dental licenses and certificates expire 30 days after the licensee's or certificate 
holder's birth month, rather than 30 days after the licensee’s or certificate holder’s birthday, 
including: 
a) dental licenses; 
b) dental therapy licenses; 
c) dental hygiene licenses; and 
d) denturist certificates.  
10. Requires outlined licensee or certificate holders to submit a completed renewal application 
every three years to BODEX by the last day of the licensee's or certificate holder's birth month, 
rather than 30 days after the licensee’s or certificate holder’s birthday. 
11. Requires dental licensees' or certificate holders' records, books and documents to be made 
available to BODEX, free of charge, as part of an investigation. 
12. Makes technical and conforming changes. 
13. Becomes effective on the general effective date.  
Amendments Adopted by Committee 
1. Allows BODEX to establish an investigation committee and outlines committee duties and 
requirements.  FACT SHEET – Amended 
S.B. 1240 
Page 3 
 
 
2. Transfers complaint investigation and adjudication authorities from BODEX's Executive 
Director to the investigation committee, if established. 
3. Allows investigation committee members to receive $100 in compensation for each committee 
meeting. 
4. Modifies dental licensee examination requirements. 
5. Specifies that dental licensure and certification expires 30 days after the licensee's or certificate 
holder's birth month, rather than 30 days after the licensee’s or certificate holder’s birthday. 
6. Defines good standing and psychomotor.  
Amendments Adopted by Committee of the Whole 
1. Removes the requirement that all dental licensees pass a psychomotor clinical examination.  
2. Reestablishes the requirement that all dental licensure applicants pass the Arizona dental 
jurisprudence examination. 
3. Clarifies that outlined license or certificate holders must submit a completed renewal 
application to BODEX every three years by the last day of the licensee's or certificate holder's 
birth month. 
4. Requires, on review, BODEX to approve, modify or reject investigation committee actions. 
5. Requires licensees in good standing to hold an unrestricted, unencumbered license. 
6. Makes technical and conforming changes. 
Senate Action 
HHS 2/21/22 DPA 7-0-1 
Prepared by Senate Research 
March 9, 2022 
MM/MC/sr