Page 4, line 24, after the second "school"
insert "that is"
Between
lines 25 and 26, insert:
"21. "Recognized dental therapy school" means a
school that is accredited or that has received initial accreditation by the
American dental association commission on dental accreditation."
Renumber to
conform
Line 31,
after the second comma insert "dental therapists,"
Page 5, strike
lines 9 through 31
Strike pages
6 and 7
Page 8,
strike lines 1 through 23, insert:
START_STATUTE"32-1201.01. Definition of unprofessional conduct
For the
purposes of this chapter, "unprofessional conduct" means the
following acts, whether occurring in this state or elsewhere:
1. Intentionally
betraying a professional confidence or intentionally violating a privileged
communication except as either of these may otherwise be required by
law. This paragraph does not prevent members of the board from the
full and free exchange of information with the licensing and disciplinary
boards of other states, territories or districts of the United States or
foreign countries, with the Arizona state dental association or any of its
component societies or with the dental societies of other states, counties,
districts, territories or foreign countries.
2. Using
controlled substances as defined in section 36‑2501, narcotic drugs,
dangerous drugs or marijuana as defined in section 13‑3401, or hypnotic
drugs, including acetylurea derivatives, barbituric acid derivatives, chloral,
paraldehyde, phenylhydantoin derivatives, sulfonmethane derivatives or any
compounds, mixtures or preparations that may be used for producing hypnotic
effects, or alcohol to the extent that it affects the ability of the dentist, dental therapist, denturist or dental hygienist to practice
that person's profession.
3. Prescribing,
dispensing or using drugs for other than accepted dental therapeutic purposes
or for other than medically indicated supportive therapy in conjunction with
managing a patient's dental needs.
4. Committing
gross malpractice or repeated acts constituting malpractice.
5. Acting
or assuming to act as a member of the board if this is not true.
6. Procuring
or attempting to procure a certificate of the national board of dental
examiners or a license to practice dentistry or dental hygiene by fraud or
misrepresentation or by knowingly taking advantage of the mistake of another.
7. Having
professional connection with or lending one's name to an illegal practitioner
of dentistry or any of the other healing arts.
8. Representing
that a manifestly not correctable condition, disease, injury, ailment or
infirmity can be permanently corrected, or that a correctable condition,
disease, injury, ailment or infirmity can be corrected within a stated time, if
this is not true.
9. Offering,
undertaking or agreeing to correct, cure or treat a condition, disease, injury,
ailment or infirmity by a secret means, method, device or instrumentality.
10. Refusing
to divulge to the board, on reasonable notice and demand, the means, method,
device or instrumentality used in the treatment of a condition, disease,
injury, ailment or infirmity.
11. Dividing
a professional fee or offering, providing or receiving any consideration for
patient referrals among or between dental care providers or dental care
institutions or entities. This paragraph does not prohibit the division of
fees among licensees who are engaged in a bona fide employment, partnership,
corporate or contractual relationship for the delivery of professional
services.
12. Knowingly
making any false or fraudulent statement, written or oral, in connection with
the practice of dentistry.
13.
Having a license refused, revoked or suspended or any other disciplinary action
taken against a dentist by, or voluntarily surrendering a license in lieu of
disciplinary action to, any other state, territory, district or country, unless
the board finds that this action was not taken for reasons that relate to the
person's ability to safely and skillfully practice dentistry or to any act of
unprofessional conduct.
14. Committing
any conduct or practice that constitutes a danger to the health, welfare or
safety of the patient or the public.
15. Obtaining
a fee by fraud or misrepresentation, or wilfully or intentionally filing a
fraudulent claim with a third party for services rendered or to be rendered to
a patient.
16. Committing
repeated irregularities in billing.
17. Employing
unlicensed persons to perform or aiding and abetting unlicensed persons in the
performance of work that can be done legally only by licensed persons.
18. Practicing
dentistry under a false or assumed name in this state, other than as allowed by
section 32‑1262.
19. Wilfully
or intentionally causing or permitting supervised personnel or auxiliary
personnel operating under the licensee's supervision to commit illegal acts or
perform an act or operation other than that permitted under article 4 of this
chapter and rules adopted by the board pursuant to section 32‑1282.
20. Committing
the following advertising practices:
(a)
Publishing or circulating, directly or indirectly, any false, fraudulent or
misleading statements concerning the skill, methods or practices of the
licensee or of any other person.
(b) Advertising
in any manner that tends to deceive or defraud the public.
21. Failing
to dispense drugs and devices in compliance with article 6 of this chapter.
22. Failing
to comply with a board order, including an order of censure or probation.
23. Failing
to comply with a board subpoena in a timely manner.
24. Failing
or refusing to maintain adequate patient records.
25. Failing
to allow properly authorized board personnel, on demand, to inspect the place
of practice and examine and have access to documents, books, reports and
records maintained by the licensee or certificate holder that relate to the
dental practice or dental-related activity.
26. Refusing
to submit to a body fluid examination as required through a monitored treatment
program or pursuant to a board investigation into a licensee's or certificate
holder's alleged substance abuse.
27. Failing
to inform a patient of the type of material the dentist will use in the
patient's dental filling and the reason why the dentist is using that
particular filling.
28. Failing
to report in writing to the board any evidence that a dentist, dental
therapist, denturist or dental hygienist is or may be:
(a) Professionally
incompetent.
(b) Engaging
in unprofessional conduct.
(c) Impaired
by drugs or alcohol.
(d) Mentally
or physically unable to safely engage in the activities of a dentist, dental therapist, denturist or dental hygienist pursuant to
this chapter.
29. Filing
a false report pursuant to paragraph 28 of this section.
30. Practicing
dentistry, dental therapy, dental hygiene or denturism in
a business entity that is not registered with the board as required by section
32‑1213.
31. Dispensing
a schedule II controlled substance that is an opioid.
32. Providing
services or procedures as a dental therapist that exceed the scope of practice
or exceed the services or procedures authorized in the written collaborative
practice agreement."
END_STATUTE
Page 9, line 5, strike "32‑1276.02"
insert "32‑1276.03"
Line 9,
after "therapist" insert "either
under the direct supervision of a dentist or"
Page 10,
line 17, strike "whom" insert "who"
Page 13,
line 13, after "person" insert ", whether or not licensed by this state,"; after "therapy" insert "either:
(a)"
Line 16,
strike "or" insert ".
(b) While"
Line 17,
after "93‑638" insert "or urban indian health programs"
Page 17,
after line 28, insert:
"17. Engaging in a practice by which a dental hygienist,
dental therapist or dental assistant exceeds the scope of practice or
restrictions included in a written collaborative practice agreement."
Page 23,
between lines 26 and 27, insert:
"START_STATUTE32-1276. Definitions
In
this article, unless the context otherwise requires:
1. "Applicant"
means a person who is applying for licensure to practice dental therapy in this
state.
2. "Direct
supervision" means that a licensed dentist is present in the office and
available to provide treatment or care to a patient and observe a dental
therapist's work.
3. "Licensee"
means a person who holds a license to practice dental therapy in this state."END_STATUTE
Line 27,
strike "32‑1276" insert "32‑1276.01"
Page 24,
line 19, after "examination" insert "in dental therapy"
Strike lines
29 through 31
Page 25,
strike lines 1 and 2
Reletter to
conform
Page 25,
line 19, after "of" insert "having"; after "action"
insert "taken against the applicant"
Line 27,
strike "32‑1276.01" insert "32‑1276.02"
Line 30,
strike "; definition"
Page 26,
line 25, strike "by" insert "pursuant to"
Page 27,
strike lines 15 and 16, insert:
"G. A licensee is not required to maintain a dental hygienist
license."
Line 17,
strike "32‑1276.02" insert "32‑1276.03"
Line 23,
after "B." insert "either
under the direct supervision of a dentist or"
Page 28,
line 14, strike "Extract" insert "Perform simple extraction of"
Line 19,
after "pain" insert "that
is"
Line 20,
strike "a"; after "or"
insert "a"
Page 29,
line 7, after "not" insert ":
1."
Between
lines 8 and 9, insert:
"2. Independently bill for services to any individual or
third‑party payor."
Line 11,
strike "32‑1276.03" insert "32‑1276.04"
Between
lines 13 and 14, insert:
"A. A dental therapist may practice only in the following
practice settings or locations, including mobile dental units, that are operated
or served by any of the following:
1. A
federally qualified community health center.
2. A
health center program that has received a federal look‑alike designation.
3. A
community health center.
4. A
nonprofit dental practice or a nonprofit organization that provides dental care
to low‑income and underserved individuals.
5. A
private dental practice that provides dental care for community health center
patients of record who are referred by the community health center.
B. A
dental therapist may practice in this state either under the direct supervision
of a dentist or pursuant to a written collaborative practice agreement."
Reletter to
conform
Page 29,
line 14, strike "A." insert "Before"; strike "shall not"
insert "may"
Line 15,
strike "unless" insert a comma; strike "has completed" insert "shall complete"
Line 17,
after "dentist" insert "who
is licensed in this state and shall provide documentation satisfactory to the
board of having completed this requirement"
Strike lines
18 and 19
Line 20,
strike "supervising dentist." insert:
"C. A practicing dentist who holds an active license
pursuant to this chapter and a licensed dental therapist who holds an active
license pursuant to this article may enter into a written collaborative
practice agreement for the delivery of dental therapy services."
Strike lines
24 through 27, insert:
"D. A dentist"
Line 28, strike "practicing in a private
practice"; strike "five" insert
"four"; after "separate"
insert "written"
Page 30,
line 13, strike "supervision of" insert "supervising"
Between
lines 17 and 18, insert:
"6. Specify that the extraction of permanent teeth may be
performed only under the direct supervision of a dentist and consistent with
section 32‑1276.03, subsection B, paragraph 14."
Line 18,
after "E." insert "Except
as provided in section 32‑1276.03, subsection B, paragraph 14,"
Line 27,
after "submit" insert "a
copy of"
Page 30, line
28, strike "32‑1276.04" insert "32‑1276.05";
after the first semicolon insert "supervising"
Page 31, line
16, strike "shall"; after "the"
insert "supervising"
Line 17,
after the second "the" insert "supervising"
Line 21,
after "and" insert "supervising"
Line 27,
strike "32‑1276.02" insert "32‑1276.03"
Page 32,
line 1, strike "32‑1276.05" insert "32‑1276.06"
Line 6,
strike "32‑1276.06" insert "32‑1276.07"; strike
the third semicolon
Strike line
7
Strike lines
23 and 24, insert:
"C. An applicant under this section is not required to
obtain a dental hygienist license in this state if the board determines that
the applicant otherwise meets the requirements for dental therapist licensure."
Line 25,
strike "32‑1276.07" insert "32‑1276.08"
Line 29,
after "or" insert "has
completed"
After line
30, insert:
"Sec. 10. Section
32-1291.01, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1291.01. Expanded
function dental assistants; training and examination requirements; duties
A. A
dental assistant may perform expanded functions after meeting one of the
following:
1. Successfully
completing a board‑approved expanded function dental assistant training
program at an institution accredited by the commission on dental
accreditation of the American dental association commission
on dental accreditation and on successfully completing examinations in
dental assistant expanded functions approved by the board.
2. Providing
both:
(a) Evidence
of currently holding or having held within the preceding ten years a license,
registration, permit or certificate in expanded functions in
restorative procedures issued by another state or jurisdiction in the
United States authorizing the performance of the expanded
functions specified in subsection B of this section.
(b) Proof
acceptable to the board of clinical experience in the expanded functions listed
in subsection B of this section.
B. Expanded
functions include the placement, contouring and finishing of direct
restorations or the placement and cementation of prefabricated crowns following
the preparation of the tooth by a licensed dentist. The restorative
materials used shall be determined by the dentist.
C. An
expanded function dental assistant may place interim therapeutic restorations
under the general supervision and direction of a licensed dentist following a
consultation conducted through teledentistry.
D. An
expanded function dental assistant may apply sealants and fluoride varnish
under the general supervision and direction of a licensed dentist.
E. A
licensed dental hygienist may engage in expanded functions pursuant to section
32‑1281, subsection B, paragraph 12 following a course of study and
examination equivalent to that required for an expanded function dental
assistant as specified by the board."END_STATUTE
Renumber to
conform
Page 36,
line 2, strike "32‑1276" insert "32‑1276.01"
Page 38,
line 17, strike "32‑1276" insert "32‑1276.01"
Page 39,
line 32, strike "32‑1276" insert "32‑1276.01"
Page 41,
line 16, strike "On or before December 31, 2023" insert "Within three
years after the state board of dental examiners begins licensing dental
therapists"
Strike line
23, insert:
"2. The
distribution of dental therapists within the allowable practice settings."
Page 41, line
24, after "served" insert ", including data showing how many new
patients are members of the Arizona health care cost containment system
pursuant to title 36, chapter 29, article 1, Arizona Revised Statutes"
Line 25,
strike "The reduction in" insert "Any effect on patient"
Line 26,
strike "The decreased" insert "Any effect on"
Strike line
27
Renumber to
conform
Line 28, after
"costs" insert "or savings"; after "system"
insert "through the use of dental therapy"
After line
28, insert:
"7. Records
of complaints and malpractice claims against licensed dental therapists in this
state and the resolution of those complaints and claims."
Amend title to conform
Bill
Number: H.B. 2235