| 71 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-1263.02, Arizona Revised Statutes, is amended to read: START_STATUTE32-1263.02. Investigation and adjudication of complaints; disciplinary action; civil penalty; immunity; subpoena authority; definitions A. The board on its own motion, or the investigation committee if established by the board, may investigate any evidence that appears to show the existence of any of the causes or grounds for disciplinary action as provided in section 32-1263. The board or investigation committee may investigate any complaint that alleges the existence of any of the causes or grounds for disciplinary action as provided in section 32-1263. The board shall not act on its own motion or on a complaint received by the board if the allegation of unprofessional conduct, unethical conduct or any other violation of this chapter against a licensee occurred more than four years before the complaint is received by the board. The four-year time limitation does not apply to: 1. Medical malpractice settlements or judgments, allegations of sexual misconduct or an incident or occurrence that involved a felony, diversion of a controlled substance or impairment while practicing by the licensee. 2. The board's consideration of the specific unprofessional conduct related to the licensee's failure to disclose conduct or a violation as required by law. B. At the request of the complainant, the board or investigation committee shall not disclose to the respondent the complainant complainant'S name unless the information is essential to proceedings conducted pursuant to this article. C. The board or investigation committee shall conduct necessary investigations, including interviews between the investigation committee or representatives of the board or investigation committee and the licensee with respect to any information obtained by or filed with the board under subsection A of this section or obtained by the board or investigation committee during the course of an investigation. The results of the investigation conducted by the investigation committee, including any recommendations from the investigation committee for disciplinary action against any licensee, shall be forwarded to the board for its review. D. The board or investigation committee may designate one or more persons of appropriate competence to assist the board or investigation committee with any aspect of an investigation. E. If, based on the information the board receives under subsection A or C of this section, the board finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, the board may order a summary suspension of a licensee's license pursuant to section 41-1092.11 pending proceedings for revocation or other action. F. If a complaint refers to quality of care, the patient may be referred for a clinical evaluation at the discretion of the board or the investigation committee. G. If, after completing its investigation or review pursuant to this section, the board finds that the information provided pursuant to subsection A or C of this section is insufficient to merit disciplinary action against a licensee, the board may take any of the following actions: 1. Dismiss the complaint. 2. Issue a nondisciplinary letter of concern to the licensee. 3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment. 4. Assess a nondisciplinary civil penalty in an amount not to exceed $500 if the complaint involves the licensee's failure to respond to a board subpoena. H. If, after completing its investigation or review pursuant to this section, the board finds that the information provided pursuant to subsection A or C of this section is sufficient to merit disciplinary action against a licensee, the board may request that the licensee participate in a formal interview before the board. If the licensee refuses or accepts the invitation for a formal interview and the results indicate that grounds may exist for revocation or suspension, the board shall issue a formal complaint and order that a formal hearing be held pursuant to title 41, chapter 6, article 10. If, after completing a formal interview, the board finds that the protection of the public requires emergency action, it may order a summary suspension of the license pursuant to section 41-1092.11 pending formal revocation proceedings or other action authorized by this section. I. If, after completing its investigation or review pursuant to this section, the board finds that the information provided pursuant to subsection A or C of this section is sufficient to merit revocation or suspension of the license, the board may issue a formal complaint and order that a formal hearing be held pursuant to title 41, chapter 6, article 10. I. J. If, after completing a formal interview or formal hearing, the board finds that the information provided under subsection A or C of this section is insufficient to merit suspension or revocation of the license, it may take any of the following actions: 1. Dismiss the complaint. 2. Order disciplinary action pursuant to section 32-1263.01, subsection A. 3. Enter into a consent agreement with the licensee for disciplinary action. 4. Order nondisciplinary continuing education pursuant to section 32-1263.01, subsection B. 5. Issue a nondisciplinary letter of concern to the licensee. J. K. A copy of the board's order issued pursuant to this section shall be given to the complainant and to the licensee. Pursuant to title 41, chapter 6, article 10, the licensee may petition for rehearing or review. K. L. Any person who in good faith makes a report or complaint 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. L. M. 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 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. M. N. 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. N. O. The board may charge the costs of formal hearings conducted pursuant to title 41, chapter 6, article 10 to a licensee it finds to be in violation of this chapter. O. P. The board may accept the surrender of an active license from a licensee who is subject to a board investigation and who admits in writing to any of the following: 1. Being unable to safely engage in the practice of dentistry. 2. Having committed an act of unprofessional conduct. 3. Having violated this chapter or a board rule. P. Q. In determining the appropriate disciplinary action under this section, the board may consider any previous nondisciplinary and disciplinary actions against a licensee. Q. R. If a licensee who is currently providing dental services for a registered business entity believes that the registered business entity has engaged in unethical conduct as defined pursuant to section 32-1263, subsection D, paragraph 16, the licensee must do both of the following before filing a complaint with the board: 1. Notify the registered business entity in writing that the licensee believes that the registered business entity has engaged in a policy or practice that interferes with the clinical judgment of the licensee or that compromises the licensee's ability to comply with the requirements of this chapter. The licensee shall specify in the notice the reasons for this belief. 2. Provide the registered business entity with at least ten calendar days to respond in writing to the assertions made pursuant to paragraph 1 of this subsection. R. S. A licensee who files a complaint pursuant to subsection Q R of this section shall provide the board with a copy of the licensee's notification and the registered business entity's response, if any. S. T. A registered business entity may not take any adverse employment action against a licensee because the licensee complies with the requirements of subsection Q R of this section. T. U. For the purposes of this section: 1. "License" includes a certificate issued pursuant to this chapter. 2. "Licensee" means a dentist, dental therapist, dental hygienist, denturist, dental consultant, restricted permit holder or business entity regulated pursuant to this chapter. END_STATUTE Sec. 2. Section 32-1281, Arizona Revised Statutes, is amended to read: START_STATUTE32-1281. Practicing as dental hygienist; supervision requirements; definitions A. A person is deemed to be practicing as a dental hygienist if the person does any of the acts or performs any of the operations included in the general practice of dental hygienists, dental hygiene and all related and associated duties. B. A licensed dental hygienist may perform the following: 1. Prophylaxis. 2. Scaling. 3. Closed subgingival curettage. 4. Root planing. 5. Administering local anesthetics and nitrous oxide. 6. Inspecting the oral cavity and surrounding structures for the purposes of gathering clinical data to facilitate a diagnosis. 7. Periodontal screening or assessment. 8. Recording clinical findings. 9. Compiling case histories. 10. Exposing and processing dental radiographs. 11. Dental hygiene assessment and dental hygiene treatment planning as components of a diagnosis and treatment plan developed by a dentist. 12. All functions authorized and deemed appropriate for dental assistants. 13. Except as provided in paragraph 14 of this subsection, those restorative functions permissible for an expanded function dental assistant if qualified pursuant to section 32-1291.01. 14. Placing interim therapeutic restorations after successfully completing a course at an institution accredited by the commission on dental accreditation of the American dental association. C. The board by rule shall prescribe the circumstances under which a licensed dental hygienist may: 1. Apply preventive and therapeutic agents to the hard and soft tissues. 2. Use emerging scientific technology and prescribe the necessary training, experience and supervision to operate newly developed scientific technology. A dentist who supervises a dental hygienist whose duties include the use of emerging scientific technology must have training on using the emerging technology that is equal to or greater than the training the dental hygienist is required to obtain. 3. Perform other procedures not specifically authorized by this section. D. Except as provided in subsections E, F and I of this section, a dental hygienist shall practice under the general supervision of a dentist who is licensed pursuant to this chapter. E. A dental hygienist may practice under the general supervision of a physician who is licensed pursuant to chapter 13 or 17 of this title in an inpatient hospital setting. F. A dental hygienist may perform the following procedures on meeting the following criteria and under the following conditions: 1. Administering local anesthetics under the direct supervision of a dentist who is licensed pursuant to this chapter after: (a) The dental hygienist successfully completes a course in administering local anesthetics that includes didactic and clinical components in both block and infiltration techniques offered by a dental or dental hygiene program accredited by the commission on dental accreditation of the American dental association. (b) The dental hygienist successfully completes an examination in local anesthesia given by the western regional examining board or a written and clinical examination of another a state or regional examination that is substantially equivalent to the requirements of this state, as determined by the board testing agency in the United States. (c) The board issues to the dental hygienist a local anesthesia certificate on receipt of proof that the requirements of subdivisions (a) and (b) of this paragraph have been met. 2. Administering local anesthetics under general supervision to a patient of record if all of the following are true: (a) The dental hygienist holds a local anesthesia certificate issued by the board. (b) The patient is at least eighteen years of age. (c) The patient has been examined by a dentist who is licensed pursuant to this chapter within the previous twelve months. (d) There has been no change in the patient's medical history since the last examination. If there has been a change in the patient's medical history within that time, the dental hygienist must consult with the dentist before administering local anesthetics. (e) The supervising dentist who performed the examination has approved the patient for being administered local anesthetics by the dental hygienist under general supervision and has documented this approval in the patient's record. 3. Administering nitrous oxide analgesia under the direct supervision of a dentist who is licensed pursuant to this chapter after: (a) The dental hygienist successfully completes a course in administering nitrous oxide analgesia that includes didactic and clinical components offered by a dental or dental hygiene program accredited by the commission on dental accreditation of the American dental association. (b) The board issues to the dental hygienist a nitrous oxide analgesia certificate on receipt of proof that the requirements of subdivision (a) of this paragraph have been met. G. The board may issue local anesthesia and nitrous oxide analgesia certificates to a licensed dental hygienist on receipt of evidence satisfactory to the board that the dental hygienist holds a valid certificate or credential in good standing in the respective procedure issued by a licensing board of another jurisdiction of the United States. H. A dental hygienist may perform dental hygiene procedures in the following settings: 1. On a patient of record of a dentist within that dentist's office. 2. Except as prescribed in section 32-1289.01, in a health care facility, long-term care facility, public health agency or institution, public or private school or homebound setting on patients who have been examined by a dentist within the previous year. 3. In an inpatient hospital setting pursuant to subsection E of this section. I. A dental hygienist may provide dental hygiene services under an affiliated practice relationship with a dentist as prescribed in section 32-1289.01. J. For the purposes of this article: 1. "Assessment" means a limited, clinical inspection that is performed to identify possible signs of oral or systemic disease, malformation or injury and the potential need for referral for diagnosis and treatment, and may include collecting clinical information to facilitate an examination, diagnosis and treatment plan by a dentist. 2. "Dental hygiene assessment" means identifying the identification of an existing or potential oral health problem that dental hygienists are educationally qualified and licensed to treat. 3. "Dental hygiene treatment planning" means performing a prioritized sequence of dental hygiene interventions that is predicated on the dental hygiene assessment and that is limited to those services included in the scope of practice for dental hygienists. 4. "Direct supervision" means that the dentist is present in the office while the dental hygienist is treating a patient and is available for consultation regarding procedures that the dentist authorizes and for which the dentist is responsible. 5. "General supervision" means: (a) That the dentist is available for consultation, whether or not the dentist is in the dentist's office, over procedures that the dentist has authorized and for which the dentist remains responsible. (b) With respect to an inpatient hospital setting, that a physician who is licensed pursuant to chapter 13 or 17 of this title is available for consultation, whether or not the physician is physically present at the hospital. 6. "Interim therapeutic restoration" means a provisional restoration that is placed to stabilize a primary or permanent tooth and that consists of removing soft material from the tooth using only hand instrumentation, without using rotary instrumentation, and subsequently placing an adhesive restorative material. 7. "Screening" means determining an individual's need to be seen by a dentist for diagnosis and does not include an examination, diagnosis or treatment planning.END_STATUTE |
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| 67 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-1263.02, Arizona Revised Statutes, is amended to read: START_STATUTE32-1263.02. Investigation and adjudication of complaints; disciplinary action; civil penalty; immunity; subpoena authority; definitions A. The board on its own motion, or the investigation committee if established by the board, may investigate any evidence that appears to show the existence of any of the causes or grounds for disciplinary action as provided in section 32-1263. The board or investigation committee may investigate any complaint that alleges the existence of any of the causes or grounds for disciplinary action as provided in section 32-1263. The board shall not act on its own motion or on a complaint received by the board if the allegation of unprofessional conduct, unethical conduct or any other violation of this chapter against a licensee occurred more than four years before the complaint is received by the board. The four-year time limitation does not apply to: 1. Medical malpractice settlements or judgments, allegations of sexual misconduct or an incident or occurrence that involved a felony, diversion of a controlled substance or impairment while practicing by the licensee. 2. The board's consideration of the specific unprofessional conduct related to the licensee's failure to disclose conduct or a violation as required by law. B. At the request of the complainant, the board or investigation committee shall not disclose to the respondent the complainant complainant'S name unless the information is essential to proceedings conducted pursuant to this article. C. The board or investigation committee shall conduct necessary investigations, including interviews between the investigation committee or representatives of the board or investigation committee and the licensee with respect to any information obtained by or filed with the board under subsection A of this section or obtained by the board or investigation committee during the course of an investigation. The results of the investigation conducted by the investigation committee, including any recommendations from the investigation committee for disciplinary action against any licensee, shall be forwarded to the board for its review. D. The board or investigation committee may designate one or more persons of appropriate competence to assist the board or investigation committee with any aspect of an investigation. E. If, based on the information the board receives under subsection A or C of this section, the board finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, the board may order a summary suspension of a licensee's license pursuant to section 41-1092.11 pending proceedings for revocation or other action. F. If a complaint refers to quality of care, the patient may be referred for a clinical evaluation at the discretion of the board or the investigation committee. G. If, after completing its investigation or review pursuant to this section, the board finds that the information provided pursuant to subsection A or C of this section is insufficient to merit disciplinary action against a licensee, the board may take any of the following actions: 1. Dismiss the complaint. 2. Issue a nondisciplinary letter of concern to the licensee. 3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment. 4. Assess a nondisciplinary civil penalty in an amount not to exceed $500 if the complaint involves the licensee's failure to respond to a board subpoena. H. If, after completing its investigation or review pursuant to this section, the board finds that the information provided pursuant to subsection A or C of this section is sufficient to merit disciplinary action against a licensee, the board may request that the licensee participate in a formal interview before the board. If the licensee refuses or accepts the invitation for a formal interview and the results indicate that grounds may exist for revocation or suspension, the board shall issue a formal complaint and order that a formal hearing be held pursuant to title 41, chapter 6, article 10. If, after completing a formal interview, the board finds that the protection of the public requires emergency action, it may order a summary suspension of the license pursuant to section 41-1092.11 pending formal revocation proceedings or other action authorized by this section. I. If, after completing its investigation or review pursuant to this section, the board finds that the information provided pursuant to subsection A or C of this section is sufficient to merit revocation or suspension of the license, the board may issue a formal complaint and order that a formal hearing be held pursuant to title 41, chapter 6, article 10. I. J. If, after completing a formal interview or formal hearing, the board finds that the information provided under subsection A or C of this section is insufficient to merit suspension or revocation of the license, it may take any of the following actions: 1. Dismiss the complaint. 2. Order disciplinary action pursuant to section 32-1263.01, subsection A. 3. Enter into a consent agreement with the licensee for disciplinary action. 4. Order nondisciplinary continuing education pursuant to section 32-1263.01, subsection B. 5. Issue a nondisciplinary letter of concern to the licensee. J. K. A copy of the board's order issued pursuant to this section shall be given to the complainant and to the licensee. Pursuant to title 41, chapter 6, article 10, the licensee may petition for rehearing or review. K. L. Any person who in good faith makes a report or complaint 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. L. M. 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 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. M. N. 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. N. O. The board may charge the costs of formal hearings conducted pursuant to title 41, chapter 6, article 10 to a licensee it finds to be in violation of this chapter. O. P. The board may accept the surrender of an active license from a licensee who is subject to a board investigation and who admits in writing to any of the following: 1. Being unable to safely engage in the practice of dentistry. 2. Having committed an act of unprofessional conduct. 3. Having violated this chapter or a board rule. P. Q. In determining the appropriate disciplinary action under this section, the board may consider any previous nondisciplinary and disciplinary actions against a licensee. Q. R. If a licensee who is currently providing dental services for a registered business entity believes that the registered business entity has engaged in unethical conduct as defined pursuant to section 32-1263, subsection D, paragraph 16, the licensee must do both of the following before filing a complaint with the board: 1. Notify the registered business entity in writing that the licensee believes that the registered business entity has engaged in a policy or practice that interferes with the clinical judgment of the licensee or that compromises the licensee's ability to comply with the requirements of this chapter. The licensee shall specify in the notice the reasons for this belief. 2. Provide the registered business entity with at least ten calendar days to respond in writing to the assertions made pursuant to paragraph 1 of this subsection. R. S. A licensee who files a complaint pursuant to subsection Q R of this section shall provide the board with a copy of the licensee's notification and the registered business entity's response, if any. S. T. A registered business entity may not take any adverse employment action against a licensee because the licensee complies with the requirements of subsection Q R of this section. T. U. For the purposes of this section: 1. "License" includes a certificate issued pursuant to this chapter. 2. "Licensee" means a dentist, dental therapist, dental hygienist, denturist, dental consultant, restricted permit holder or business entity regulated pursuant to this chapter. END_STATUTE |
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| 72 | 68 | | |
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| 73 | 69 | | Be it enacted by the Legislature of the State of Arizona: |
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| 74 | 70 | | |
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| 75 | 71 | | Section 1. Section 32-1263.02, Arizona Revised Statutes, is amended to read: |
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| 76 | 72 | | |
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| 77 | 73 | | START_STATUTE32-1263.02. Investigation and adjudication of complaints; disciplinary action; civil penalty; immunity; subpoena authority; definitions |
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| 78 | 74 | | |
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| 79 | 75 | | A. The board on its own motion, or the investigation committee if established by the board, may investigate any evidence that appears to show the existence of any of the causes or grounds for disciplinary action as provided in section 32-1263. The board or investigation committee may investigate any complaint that alleges the existence of any of the causes or grounds for disciplinary action as provided in section 32-1263. The board shall not act on its own motion or on a complaint received by the board if the allegation of unprofessional conduct, unethical conduct or any other violation of this chapter against a licensee occurred more than four years before the complaint is received by the board. The four-year time limitation does not apply to: |
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| 80 | 76 | | |
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| 81 | 77 | | 1. Medical malpractice settlements or judgments, allegations of sexual misconduct or an incident or occurrence that involved a felony, diversion of a controlled substance or impairment while practicing by the licensee. |
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| 82 | 78 | | |
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| 83 | 79 | | 2. The board's consideration of the specific unprofessional conduct related to the licensee's failure to disclose conduct or a violation as required by law. |
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| 84 | 80 | | |
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| 85 | 81 | | B. At the request of the complainant, the board or investigation committee shall not disclose to the respondent the complainant complainant'S name unless the information is essential to proceedings conducted pursuant to this article. |
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| 86 | 82 | | |
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| 87 | 83 | | C. The board or investigation committee shall conduct necessary investigations, including interviews between the investigation committee or representatives of the board or investigation committee and the licensee with respect to any information obtained by or filed with the board under subsection A of this section or obtained by the board or investigation committee during the course of an investigation. The results of the investigation conducted by the investigation committee, including any recommendations from the investigation committee for disciplinary action against any licensee, shall be forwarded to the board for its review. |
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| 88 | 84 | | |
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| 89 | 85 | | D. The board or investigation committee may designate one or more persons of appropriate competence to assist the board or investigation committee with any aspect of an investigation. |
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| 90 | 86 | | |
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| 91 | 87 | | E. If, based on the information the board receives under subsection A or C of this section, the board finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, the board may order a summary suspension of a licensee's license pursuant to section 41-1092.11 pending proceedings for revocation or other action. |
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| 92 | 88 | | |
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| 93 | 89 | | F. If a complaint refers to quality of care, the patient may be referred for a clinical evaluation at the discretion of the board or the investigation committee. |
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| 94 | 90 | | |
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| 95 | 91 | | G. If, after completing its investigation or review pursuant to this section, the board finds that the information provided pursuant to subsection A or C of this section is insufficient to merit disciplinary action against a licensee, the board may take any of the following actions: |
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| 96 | 92 | | |
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| 97 | 93 | | 1. Dismiss the complaint. |
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| 98 | 94 | | |
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| 99 | 95 | | 2. Issue a nondisciplinary letter of concern to the licensee. |
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| 100 | 96 | | |
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| 101 | 97 | | 3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment. |
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| 102 | 98 | | |
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| 103 | 99 | | 4. Assess a nondisciplinary civil penalty in an amount not to exceed $500 if the complaint involves the licensee's failure to respond to a board subpoena. |
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| 104 | 100 | | |
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| 105 | 101 | | H. If, after completing its investigation or review pursuant to this section, the board finds that the information provided pursuant to subsection A or C of this section is sufficient to merit disciplinary action against a licensee, the board may request that the licensee participate in a formal interview before the board. If the licensee refuses or accepts the invitation for a formal interview and the results indicate that grounds may exist for revocation or suspension, the board shall issue a formal complaint and order that a formal hearing be held pursuant to title 41, chapter 6, article 10. If, after completing a formal interview, the board finds that the protection of the public requires emergency action, it may order a summary suspension of the license pursuant to section 41-1092.11 pending formal revocation proceedings or other action authorized by this section. |
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| 106 | 102 | | |
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| 107 | 103 | | I. If, after completing its investigation or review pursuant to this section, the board finds that the information provided pursuant to subsection A or C of this section is sufficient to merit revocation or suspension of the license, the board may issue a formal complaint and order that a formal hearing be held pursuant to title 41, chapter 6, article 10. |
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| 108 | 104 | | |
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| 109 | 105 | | I. J. If, after completing a formal interview or formal hearing, the board finds that the information provided under subsection A or C of this section is insufficient to merit suspension or revocation of the license, it may take any of the following actions: |
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| 110 | 106 | | |
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| 111 | 107 | | 1. Dismiss the complaint. |
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| 112 | 108 | | |
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| 113 | 109 | | 2. Order disciplinary action pursuant to section 32-1263.01, subsection A. |
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| 114 | 110 | | |
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| 115 | 111 | | 3. Enter into a consent agreement with the licensee for disciplinary action. |
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| 116 | 112 | | |
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| 117 | 113 | | 4. Order nondisciplinary continuing education pursuant to section 32-1263.01, subsection B. |
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| 118 | 114 | | |
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| 119 | 115 | | 5. Issue a nondisciplinary letter of concern to the licensee. |
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| 120 | 116 | | |
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| 121 | 117 | | J. K. A copy of the board's order issued pursuant to this section shall be given to the complainant and to the licensee. Pursuant to title 41, chapter 6, article 10, the licensee may petition for rehearing or review. |
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| 122 | 118 | | |
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| 123 | 119 | | K. L. Any person who in good faith makes a report or complaint 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. |
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| 124 | 120 | | |
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| 125 | 121 | | L. M. 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 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. |
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| 126 | 122 | | |
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| 127 | 123 | | M. N. 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. |
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| 128 | 124 | | |
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| 129 | 125 | | N. O. The board may charge the costs of formal hearings conducted pursuant to title 41, chapter 6, article 10 to a licensee it finds to be in violation of this chapter. |
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| 130 | 126 | | |
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| 131 | 127 | | O. P. The board may accept the surrender of an active license from a licensee who is subject to a board investigation and who admits in writing to any of the following: |
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| 132 | 128 | | |
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| 133 | 129 | | 1. Being unable to safely engage in the practice of dentistry. |
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| 134 | 130 | | |
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| 135 | 131 | | 2. Having committed an act of unprofessional conduct. |
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| 136 | 132 | | |
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| 137 | 133 | | 3. Having violated this chapter or a board rule. |
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| 138 | 134 | | |
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| 139 | 135 | | P. Q. In determining the appropriate disciplinary action under this section, the board may consider any previous nondisciplinary and disciplinary actions against a licensee. |
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| 140 | 136 | | |
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| 141 | 137 | | Q. R. If a licensee who is currently providing dental services for a registered business entity believes that the registered business entity has engaged in unethical conduct as defined pursuant to section 32-1263, subsection D, paragraph 16, the licensee must do both of the following before filing a complaint with the board: |
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| 142 | 138 | | |
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| 143 | 139 | | 1. Notify the registered business entity in writing that the licensee believes that the registered business entity has engaged in a policy or practice that interferes with the clinical judgment of the licensee or that compromises the licensee's ability to comply with the requirements of this chapter. The licensee shall specify in the notice the reasons for this belief. |
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| 144 | 140 | | |
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| 145 | 141 | | 2. Provide the registered business entity with at least ten calendar days to respond in writing to the assertions made pursuant to paragraph 1 of this subsection. |
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| 146 | 142 | | |
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| 147 | 143 | | R. S. A licensee who files a complaint pursuant to subsection Q R of this section shall provide the board with a copy of the licensee's notification and the registered business entity's response, if any. |
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| 148 | 144 | | |
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| 149 | 145 | | S. T. A registered business entity may not take any adverse employment action against a licensee because the licensee complies with the requirements of subsection Q R of this section. |
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| 150 | 146 | | |
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| 151 | 147 | | T. U. For the purposes of this section: |
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| 152 | 148 | | |
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| 153 | 149 | | 1. "License" includes a certificate issued pursuant to this chapter. |
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| 154 | 150 | | |
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| 155 | 151 | | 2. "Licensee" means a dentist, dental therapist, dental hygienist, denturist, dental consultant, restricted permit holder or business entity regulated pursuant to this chapter. END_STATUTE |
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| 156 | | - | |
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| 157 | | - | Sec. 2. Section 32-1281, Arizona Revised Statutes, is amended to read: |
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| 158 | | - | |
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| 159 | | - | START_STATUTE32-1281. Practicing as dental hygienist; supervision requirements; definitions |
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| 160 | | - | |
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| 161 | | - | A. A person is deemed to be practicing as a dental hygienist if the person does any of the acts or performs any of the operations included in the general practice of dental hygienists, dental hygiene and all related and associated duties. |
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| 162 | | - | |
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| 163 | | - | B. A licensed dental hygienist may perform the following: |
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| 164 | | - | |
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| 165 | | - | 1. Prophylaxis. |
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| 166 | | - | |
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| 167 | | - | 2. Scaling. |
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| 168 | | - | |
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| 169 | | - | 3. Closed subgingival curettage. |
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| 170 | | - | |
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| 171 | | - | 4. Root planing. |
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| 172 | | - | |
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| 173 | | - | 5. Administering local anesthetics and nitrous oxide. |
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| 174 | | - | |
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| 175 | | - | 6. Inspecting the oral cavity and surrounding structures for the purposes of gathering clinical data to facilitate a diagnosis. |
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| 176 | | - | |
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| 177 | | - | 7. Periodontal screening or assessment. |
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| 178 | | - | |
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| 179 | | - | 8. Recording clinical findings. |
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| 180 | | - | |
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| 181 | | - | 9. Compiling case histories. |
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| 182 | | - | |
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| 183 | | - | 10. Exposing and processing dental radiographs. |
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| 184 | | - | |
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| 185 | | - | 11. Dental hygiene assessment and dental hygiene treatment planning as components of a diagnosis and treatment plan developed by a dentist. |
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| 186 | | - | |
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| 187 | | - | 12. All functions authorized and deemed appropriate for dental assistants. |
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| 188 | | - | |
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| 189 | | - | 13. Except as provided in paragraph 14 of this subsection, those restorative functions permissible for an expanded function dental assistant if qualified pursuant to section 32-1291.01. |
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| 190 | | - | |
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| 191 | | - | 14. Placing interim therapeutic restorations after successfully completing a course at an institution accredited by the commission on dental accreditation of the American dental association. |
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| 192 | | - | |
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| 193 | | - | C. The board by rule shall prescribe the circumstances under which a licensed dental hygienist may: |
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| 194 | | - | |
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| 195 | | - | 1. Apply preventive and therapeutic agents to the hard and soft tissues. |
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| 196 | | - | |
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| 197 | | - | 2. Use emerging scientific technology and prescribe the necessary training, experience and supervision to operate newly developed scientific technology. A dentist who supervises a dental hygienist whose duties include the use of emerging scientific technology must have training on using the emerging technology that is equal to or greater than the training the dental hygienist is required to obtain. |
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| 198 | | - | |
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| 199 | | - | 3. Perform other procedures not specifically authorized by this section. |
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| 200 | | - | |
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| 201 | | - | D. Except as provided in subsections E, F and I of this section, a dental hygienist shall practice under the general supervision of a dentist who is licensed pursuant to this chapter. |
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| 202 | | - | |
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| 203 | | - | E. A dental hygienist may practice under the general supervision of a physician who is licensed pursuant to chapter 13 or 17 of this title in an inpatient hospital setting. |
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| 204 | | - | |
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| 205 | | - | F. A dental hygienist may perform the following procedures on meeting the following criteria and under the following conditions: |
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| 206 | | - | |
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| 207 | | - | 1. Administering local anesthetics under the direct supervision of a dentist who is licensed pursuant to this chapter after: |
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| 208 | | - | |
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| 209 | | - | (a) The dental hygienist successfully completes a course in administering local anesthetics that includes didactic and clinical components in both block and infiltration techniques offered by a dental or dental hygiene program accredited by the commission on dental accreditation of the American dental association. |
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| 210 | | - | |
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| 211 | | - | (b) The dental hygienist successfully completes an examination in local anesthesia given by the western regional examining board or a written and clinical examination of another a state or regional examination that is substantially equivalent to the requirements of this state, as determined by the board testing agency in the United States. |
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| 212 | | - | |
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| 213 | | - | (c) The board issues to the dental hygienist a local anesthesia certificate on receipt of proof that the requirements of subdivisions (a) and (b) of this paragraph have been met. |
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| 214 | | - | |
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| 215 | | - | 2. Administering local anesthetics under general supervision to a patient of record if all of the following are true: |
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| 216 | | - | |
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| 217 | | - | (a) The dental hygienist holds a local anesthesia certificate issued by the board. |
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| 218 | | - | |
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| 219 | | - | (b) The patient is at least eighteen years of age. |
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| 220 | | - | |
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| 221 | | - | (c) The patient has been examined by a dentist who is licensed pursuant to this chapter within the previous twelve months. |
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| 222 | | - | |
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| 223 | | - | (d) There has been no change in the patient's medical history since the last examination. If there has been a change in the patient's medical history within that time, the dental hygienist must consult with the dentist before administering local anesthetics. |
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| 224 | | - | |
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| 225 | | - | (e) The supervising dentist who performed the examination has approved the patient for being administered local anesthetics by the dental hygienist under general supervision and has documented this approval in the patient's record. |
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| 226 | | - | |
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| 227 | | - | 3. Administering nitrous oxide analgesia under the direct supervision of a dentist who is licensed pursuant to this chapter after: |
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| 228 | | - | |
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| 229 | | - | (a) The dental hygienist successfully completes a course in administering nitrous oxide analgesia that includes didactic and clinical components offered by a dental or dental hygiene program accredited by the commission on dental accreditation of the American dental association. |
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| 230 | | - | |
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| 231 | | - | (b) The board issues to the dental hygienist a nitrous oxide analgesia certificate on receipt of proof that the requirements of subdivision (a) of this paragraph have been met. |
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| 232 | | - | |
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| 233 | | - | G. The board may issue local anesthesia and nitrous oxide analgesia certificates to a licensed dental hygienist on receipt of evidence satisfactory to the board that the dental hygienist holds a valid certificate or credential in good standing in the respective procedure issued by a licensing board of another jurisdiction of the United States. |
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| 234 | | - | |
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| 235 | | - | H. A dental hygienist may perform dental hygiene procedures in the following settings: |
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| 236 | | - | |
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| 237 | | - | 1. On a patient of record of a dentist within that dentist's office. |
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| 238 | | - | |
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| 239 | | - | 2. Except as prescribed in section 32-1289.01, in a health care facility, long-term care facility, public health agency or institution, public or private school or homebound setting on patients who have been examined by a dentist within the previous year. |
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| 240 | | - | |
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| 241 | | - | 3. In an inpatient hospital setting pursuant to subsection E of this section. |
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| 242 | | - | |
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| 243 | | - | I. A dental hygienist may provide dental hygiene services under an affiliated practice relationship with a dentist as prescribed in section 32-1289.01. |
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| 244 | | - | |
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| 245 | | - | J. For the purposes of this article: |
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| 246 | | - | |
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| 247 | | - | 1. "Assessment" means a limited, clinical inspection that is performed to identify possible signs of oral or systemic disease, malformation or injury and the potential need for referral for diagnosis and treatment, and may include collecting clinical information to facilitate an examination, diagnosis and treatment plan by a dentist. |
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| 248 | | - | |
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| 249 | | - | 2. "Dental hygiene assessment" means identifying the identification of an existing or potential oral health problem that dental hygienists are educationally qualified and licensed to treat. |
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| 250 | | - | |
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| 251 | | - | 3. "Dental hygiene treatment planning" means performing a prioritized sequence of dental hygiene interventions that is predicated on the dental hygiene assessment and that is limited to those services included in the scope of practice for dental hygienists. |
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| 252 | | - | |
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| 253 | | - | 4. "Direct supervision" means that the dentist is present in the office while the dental hygienist is treating a patient and is available for consultation regarding procedures that the dentist authorizes and for which the dentist is responsible. |
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| 254 | | - | |
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| 255 | | - | 5. "General supervision" means: |
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| 256 | | - | |
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| 257 | | - | (a) That the dentist is available for consultation, whether or not the dentist is in the dentist's office, over procedures that the dentist has authorized and for which the dentist remains responsible. |
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| 258 | | - | |
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| 259 | | - | (b) With respect to an inpatient hospital setting, that a physician who is licensed pursuant to chapter 13 or 17 of this title is available for consultation, whether or not the physician is physically present at the hospital. |
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| 260 | | - | |
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| 261 | | - | 6. "Interim therapeutic restoration" means a provisional restoration that is placed to stabilize a primary or permanent tooth and that consists of removing soft material from the tooth using only hand instrumentation, without using rotary instrumentation, and subsequently placing an adhesive restorative material. |
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| 262 | | - | |
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| 263 | | - | 7. "Screening" means determining an individual's need to be seen by a dentist for diagnosis and does not include an examination, diagnosis or treatment planning.END_STATUTE |
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