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ARIZONA STATE SENATE

Fifty-Sixth Legislature, First Regular Session

 

FACT SHEET FOR h.b. 2035

 

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