Assigned to HEALTH                                                                                          FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR H.B. 2374

cities and towns; energy code

(NOW: dental hygienist; practice without license)

Purpose

            Increases the penalty for a person who practices dental hygiene in the state without a license from a class 2 misdemeanor to a class 1 misdemeanor.

Background

            Dental hygienists are dental professionals licensed by the State Board of Dental Examiners (Board) consistent with Board rules.  Hygienists are engaged in the general practice of dental hygiene and all related and associated duties, including educational, clinical and therapeutic dental hygiene procedures.  They work with patients either under the direct or general supervision of a licensed dentist.  Direct supervision is classified in statute as the physical presence of a licensed dentist monitoring the action of a hygienist, whereas general supervision requires that a licensed dentist be available for consultation only.  There are currently 3,028 licensed dental hygienists in Arizona. 

            In 2004, legislation was enacted that allows dental hygienists to enter into affiliated practice relationships with dentists through a public health agency or institution, a public or private school authority or a government sponsored program that provides dental services and perform duties in those settings pursuant to the terms of the agreement.  Statute outlines regulations for affiliated practice agreements and requires the Board to adopt rules regarding dental hygienist duties in affiliated practice relationships.  Statute requires that a hygienist in an affiliated practice relationship be under direct supervision only when root planting, administering local anesthetics and nitrous oxide, or placing periodontal sutures.  For all other procedures the dental hygienist may practice under general supervision.

            Statute classifies practicing without a license as a class 2 misdemeanor for 8 of the 25 statutorily defined health professionals.  Among these health professionals include dental hygienists, pharmacists, optometrists and behavioral health professionals.  Currently, there are five health professionals for which practicing without a license is a class 6 felony: dentists, chiropractors, physician assistants, nurses and midwives.  Penalties for the remaining 12 professionals range from a class 3 misdemeanor for audiologists and speech-language pathologists to a class 5 felony for allopathic, osteopathic, homeopathic and naturopathic physicians.  H.B. 2374 increases the classification of practicing dental hygiene without a license from a class 2 misdemeanor to a class 1 misdemeanor.

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Increases the penalty for a person who practices dental hygiene in the state without a license from a class 2 misdemeanor to a class 1 misdemeanor.

2. Makes a technical change.

3. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Decreases the penalty from a class 6 felony to a class 1 misdemeanor.

House Action Senate Action

COM               2/22/06     DPA/SE     5-1-0-3                        HEALTH        3/27/06     DPA     6-0-1

3^rd Read           3/13/06     FAILED    22-38-0-0

3^rd Read           3/16/06                        31-23-5-0-1

  on Reconsideration

Prepared by Senate Research

March 29, 2006

BKL/AH/jas