SB 1240
Initials AG/JB Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: HHS DPA 7-0-1-0 │3
rd
Read 27-0-3-0
House: HHS DPA 8-0-0-1 | 3
rd
Read 59-0-1-0
Final Pass: 25-1-4-0
SB 1240: dental board; records; investigations; powers
Sponsor: Senator Pace, LD 25
Transmitted to the Governor
Overview
Enables the Arizona State Board of Dental Examiners (Board) to establish an investigational
committee (Committee) to investigate and adjudicate complaints. Modifies examination
requirements and renewal procedures for dental professional licenses and certificates.
History
The Board regulates and licenses dental professionals, including dentists, dental hygienists,
dental consultants, dental therapists and denturists (A.R.S. 32-1207).
The Board on its motion or the executive director if delegated by the Board may investigate any
evidence that appears to show the existence of evidence of any of the grounds or causes for
disciplinary action. The Board may additionally investigate any complaint received by the Board
if the complaint alleges the existence of any of the causes or grounds for disciplinary action. The
Board cannot act on its motion or a complaint if the allegation against a licensed professional
occurred more than four years before the complaint is received by the Board. If delegated by the
Board, the executive director with the concurrence of the Board's investigative staff may terminate
a complaint if the investigative staff's review indicates the complaint is without merit and that the
termination is appropriate. Statute further outlines the Board's and its designees' powers and
duties related to investigations and complaints (A.R.S. §§ 32-1263.02 and 32-1263.03).
All licensed or certified dentists, dental hygienists, dental therapists and denturists are required
to renew their license or certification 30 days after the licensee or certificate holder's birthday
every third year. On or before the licensees or certificate holder's birthday every third year, the
licensee or certificate holder must submit to the Board a complete renewal application and pay a
renewal fee. The licensee or certificate holder must include a written affidavit with the renewal
application that affirms that the licensee or certificate holder complies with Board rules relating to
continuing education requirements. If the licensee or certificate holder is not in compliance with
the education requirements, the Board may grant an extension to complete these requirements if
the licensee or certificate holder includes a written request for an extension with the renewal
application on or before the licensee's or certificate holder's birthday of the expiration year. If the
Board denies the extension request the license expires 30 days after the licensee's birthday
(A.R.S. §§ 32-1236, 32-1276.02, 32-1287 and 32- 1297.06).
Provisions
Investigational Committee
1. Authorizes the Board to establish a Committee consisting of no more than 11 licensees who
are in good standing, appointed by the Board and serve at the pleasure of the Board to
investigate any complaint submitted to the Board, initiated or delegated by the Board to the
Committee. (Sec. 2) SB 1240
Initials AG/JB Page 2 Transmitted
2. Transfers the ability to investigate any evidence or complaint that appears to show grounds
for disciplinary action and investigative authorities and duties relating to complaints and the
termination of complaints from the Board's Executive Director to the Committee. (Sec. 7, 8)
3. Prohibits the Committee from disclosing at the request of the complainant the complainant's
name to the respondent unless the information is essential to conducting the investigational
proceedings. (Sec. 7)
4. Allows the Committee to conduct necessary investigations including interviews between
representatives of the Board or Committee and the licensee concerning any information
obtained by the Board or Committee during an investigation. (Sec. 7)
5. Requires the results of an investigation conducted by the Committee, including any
Committee recommendations for disciplinary action against any license to be forwarded to the
Board for review. (Sec. 7)
6. Authorizes the Board or Committee to designate one or more people of appropriate
competence to assist the Board or Committee with any aspect of an investigation. (Sec. 7)
7. Specifies that if the Board receives information obtained from the Board or Committee during
an investigation and the Board finds that the public health, safety or welfare imperatively
requires emergency action and incorporate a finding to that effect in its order, the Board may
order a summary suspension of a licensee's license pending proceedings for revocation or
other action. (Sec. 7)
8. Allows the Committee at it's discretion to refer a patient for a clinical evaluation if a complaint
refers to quality of care. (Sec. 7)
9. Stipulates the Board may take specified actions if after the Committee's review the Board finds
that the information provided is insufficient to merit disciplinary actions against a licensee.
(Sec. 7)
10. States the Board may request the licensee to participate in a formal interview before the Board
if after completing a Committee review the Board finds that the provided information is
sufficient to merit disciplinary action against a licensee. (Sec. 7)
11. Authorizes the Board to approve, modify or reject the Committee's action on the review of the
list of each complaint the Committee has terminated. (Sec. 8)
12. States that members of the Committee may receive a compensation of $100 for each
Committee meeting. (Sec. 1)
Board License and Certification Expiration and Renewal Dates
13. Changes the expiration date for a dental professional's license or certificate to 30 days after
the licensee's or certificate holder's birth month every third year instead of 30 days after their
birthday. (Sec. 6, 11, 13, 15)
14. Requires every licensed or certified dental professional to submit to the Board a complete
renewal application with the renewal fee every third year on or before the last day of the
licensee's or certificate holder's birth month instead of their birthday. (Sec. 6, 11, 13, 15)
15. Requires a licensed or certified dental professional that is not in compliance with the Board's
continuing education requirements to include a written request for an extension with the new
renewal application by the last day of the licensee's or certificate holder's birth month of the
expiration year, rather than on their birthday. (Sec. 6, 11, 13, 15)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1240
Initials AG/JB Page 3 Transmitted
16. Specifies that if the Board denies the extension request the dental professional's license or
certificate expires 30-days after their birth month, rather than 30-days on their birthday. (Sec.
6, 11, 13, 15)
17. Stipulates that a person who applies for a dental professional license or certificate for the first
time in Arizona must pay a prorated fee for the period remaining until their next birth month,
instead of their next birthday. (Sec. 6, 13, 15)
Miscellaneous
18. Removes the requirement of an applicant for a dental license, dental therapist or dental
hygienist license to pass the Western Regional Examining Board Examination. (Sec. 4, 10,
12)
19. Repeals the requirement for an applicant for a dental consultant license to have passed the
Arizona Dental Jurisprudence Examination. (Sec. 5)
20. Requires, on request, a licensee or certificate holder to make their records, books and
documents available to the Board free of charge as part of an investigation process. (Sec. 9)
21. Specifies that a dentist, dental therapist or dental hygienist practicing for educational purposes
on behalf of a recognized dental school, dental therapy school or dental hygiene school are
exempt from licensure requirements. (Sec. 3)
22. Defines good standing. (Sec. 2)
23. Makes technical and conforming changes. (Sec. 1, 2, 4, 5, 7, 8, 12, 14)