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House Engrossed Senate Bill
health boards; fund balances; fees |
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(now: regulated professions; boards; fees)
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SENATE BILL 1037 |
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AN ACT
amending section 32-1291.02, Arizona Revised Statutes, as added by Laws 2025, chapter 17, section 1; Amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3209.01; Amending title 32, chapter 48, Arizona Revised Statutes, by adding article 2; relating to professions and occupations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1291.02, Arizona Revised Statutes, as added by Laws 2025, chapter 17, section 1, is amended to read:
32-1291.02. Oral preventive assistants; qualifications; scope of practice; supervision; definitions
A. In order to practice as an oral preventive assistant, a dental assistant shall complete a board-approved oral preventive assistant training course that includes at least one hundred twenty hours of didactic and clinical instruction with patients and that is provided by a qualifying institution. Before taking an oral preventive assistant training course, a dental assistant must meet all of the following:
1. Hold a current certification in cardiopulmonary resuscitation.
2. Hold a board-approved certification for both coronal polishing and radiography.
3. Meet any of the following:
(a) Hold a current national board certification in dental assisting.
(b) Have successfully completed a dental assisting educational program accredited by a state or national organization that accredits dental programs.
(c) Have successfully completed a dental assisting educational program offered by a licensed private postsecondary educational institution in this state that includes live patient clinical training under the supervision of a licensed dentist.
B. The scope of practice for an oral preventive assistant is limited to removing plaque, calculus and stains, with scalers or sonic or ultrasonic scaling devices, on patients who have first received a periodontal evaluation by a dentist or dental hygienist. An Oral preventive assistant may practice only on periodontally healthy patients or patients with localized mild gingivitis. An oral preventive assistant may not use any air polishing technology or device or practice on patients who have been treated for periodontal disease, have generalized recession, are medically compromised or are under sedation.
C. An oral preventive assistant who provides coronal calculus removal services pursuant to this section shall both:
1. Inform each patient and document in the patient's clinical record that the patient's care was not provided by a licensed dental provider.
2. Prominently post the oral preventive assistant's certificate of completion of an approved course of instruction at the location where the coronal calculus removal services are performed.
D. An oral preventive assistant may practice in this state only under the direct supervision of a dentist or dental hygienist. A dentist may supervise not more than three oral preventive assistants at the same time. A dental hygienist may supervise not more than one oral preventive assistant at any time. A dentist or dental hygienist who allows an oral preventive assistant to perform coronal calculus removal services in violation of this section commits an act of unprofessional conduct.
E. For the purposes of this section, "qualifying institution" means either of the following:
1. An institution of higher education, including a community college, that provides a dental or dental hygiene program that is accredited by the commission on dental accreditation, or its successor.
2. A private postsecondary educational institution that is licensed by the state board for private postsecondary education, that has been in operation for at least five years and that offers a dental assisting program that includes live patient clinical training under the supervision of a licensed dentist.
Sec. 2. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3209.01, to read:
32-3209.01. Board fees; fund balances; review; reduction
A. Each health profession regulatory board shall review in a public meeting at least once each fiscal year and before establishing the amount of any fee for the subsequent fiscal year the amount of each fee authorized in the health profession regulatory board's statutes. The health profession regulatory board shall ascertain and disclose in the public meeting the health profession regulatory board's fund balance. The fund balance may not be more than two years of the health profession regulatory board's annual operating expenses plus five percent.
B. If the fund balance is more than the amount allowed under subsection A of this section, the health profession regulatory board shall reduce or eliminate the licensing or application fees, or both, that are being charged to the health professionals under the health profession regulatory board's jurisdiction until the fund balance is below the allowable amount.
Sec. 3. Title 32, chapter 48, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. NONHEALTH PROFESSIONS AND
OCCUPATIONS REGULATORY BOARDS
32-4821. Licensing authority fees; fund balances; review; reduction; definition
A. Each licensing authority shall review in a public meeting at least once each fiscal year and before establishing the amount of any fee for the subsequent fiscal year the amount of each fee authorized in the licensing authority's statutes. The licensing authority shall ascertain and disclose in the public meeting the licensing authority's fund balance. The fund balance may not be more than two years of the licensing authority's annual operating expenses plus five percent.
B. If the fund balance is more than the amount allowed under subsection A of this section, the licensing authority shall reduce or eliminate the licensing or application fees, or both, that are being charged to the licensees, permittees, certificate holders or registrants under the licensing authority's jurisdiction until the fund balance is below the allowable amount.
C. For the purposes of this SECTION, "licensing authority":
1. MEANS any board of this state that issues a license, permit, certificate or registration pursuant to this title to an individual who provides a service to any person.
2. Does not include:
(a) an entity that issues LICENSES PURSUANT to chapter 40 of this title.
(b) a health profession regulatory board as defined in section 32-3201.