ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
dental board; formal hearings
Purpose
Allows the State Board of Dental Examiners (BODEX), after completing a review or investigation, to issue a formal complaint and order a formal hearing, if BODEX finds that the information provided is sufficient to merit license revocation or suspension.
Background
BODEX regulates the practice of dentistry through the examination and
licensure of individuals providing dental services and the investigation and
adjudication of complaints.
Laws 2022,
Chapter 135 authorizes BODEX to establish an investigation committee to
investigate any complaint submitted to, initiated by or delegated by BODEX. The
BODEX Investigative Committee or BODEX may investigate any evidence that
appears to show, or complaint that alleges, the existence of any cause or
grounds for disciplinary action. If, after completing its investigation or
review, BODEX finds that the information provided is sufficient to merit
disciplinary action against a licensee, BODEX may request that the licensee
participate in a formal interview. If the licensee refuses or accepts the
invitation for a formal interview and the results indicate that grounds may
exist for revocation or suspension, BODEX must issue a formal complaint and
order that a formal hearing be held (A.R.S. §§ 32-1207
and 32-1263.02).
BODEX
may invoke disciplinary action against a licensee for: 1) unprofessional
conduct; 2) conviction of a crime involving moral turpitude; 3) physical or
mental incompetence to practice; 4) committing or aiding, directly or
indirectly, a violation of or noncompliance with laws regulating the practice
of dentistry or BODEX's rules; or 5) dental incompetence (A.R.S.
§ 32-1263).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows BODEX, after completing a review or investigation of a complaint, to issue a formal complaint and order that a formal hearing be held, if BODEX finds that the information provided is sufficient to merit license revocation or suspension.
2. Applies, to a formal hearing, the actions that BODEX may take if, after completing a formal interview, BODEX finds that the information provided is insufficient to merit license revocation or suspension.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
HHS 2/13/23 DP 9-0-0-0
3rd Read 2/22/23 47-13-0
Prepared by Senate Research
March 13, 2023
JT/FB/sr