Bill Text: AZ HB2668 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Dental hygienists; regulation; discipline; education
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-13 - Referred to House HEALTH Committee [HB2668 Detail]
Download: Arizona-2014-HB2668-Introduced.html
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REFERENCE TITLE: dental hygienists; regulation; discipline; education |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2668 |
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Introduced by Representative Pierce J
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AN ACT
Amending sections 32‑1201, 32‑1263, 32‑1263.01, 32‑1263.02, 32‑1266 and 32‑1282, Arizona Revised Statutes; amending title 32, chapter 11, article 4, Arizona Revised Statutes, by adding section 32‑1282.01; amending sections 32‑1287 and 32‑1290, Arizona Revised Statutes; relating to the dental hygienist commission.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1201, Arizona Revised Statutes, is amended to read:
32-1201. Definitions
In this chapter, unless the context otherwise requires:
1. "Auxiliary personnel" means all dental assistants, dental technicians, dental x‑ray technicians and other persons employed by dentists or firms and businesses providing dental services to dentists.
2. "Board" means the state board of dental examiners.
3. "Business entity" means a business organization that has an ownership that includes any persons who are not licensed or certified to provide dental services in this state, that offers to the public professional services regulated by the board and that is established pursuant to the laws of any state or foreign country.
4. "Commission" means the dental hygienist commission established by section 32‑1282.01.
4. 5. "Dental assistant" means any person who acts as an assistant to a dentist or a dental hygienist by rendering personal services to a patient that involve close proximity to the patient while the patient is under treatment or observation or undergoing diagnostic procedures.
5. 6. "Dental hygienist" means any person licensed and engaged in the general practice of dental hygiene and all related and associated duties, including educational, clinical and therapeutic dental hygiene procedures.
6. 7. "Dental incompetence" means lacking in sufficient dentistry knowledge or skills, or both, in that field of dentistry in which the dentist, denturist or dental hygienist concerned engages, to a degree likely to endanger the health of that person's patients.
7. 8. "Dental laboratory technician" means any person, other than a licensed dentist, who, pursuant to a written work order of a dentist, fabricates artificial teeth, prosthetic appliances or other mechanical and artificial contrivances designed to correct or alleviate injuries or defects, both developmental and acquired, disorders or deficiencies of the human oral cavity, teeth, investing tissues, maxilla or mandible or adjacent associated structures.
8. 9. "Dental x‑ray laboratory technician" means any person, other than a licensed dentist, who, pursuant to a written work order of a dentist, performs dental and maxillofacial radiography, including cephalometrics, panoramic and maxillofacial tomography and other dental related non‑fluoroscopic diagnostic imaging modalities.
9. 10. "Dentistry", "dentist" and "dental" means the general practice of dentistry and all specialties or restricted practices of dentistry.
10. 11. "Denturist" means a person practicing denture technology pursuant to article 5 of this chapter.
11. 12. "Disciplinary action" means regulatory sanctions that are imposed by the board or, in the case of a dental hygienist, commission in combination with, or as an alternative to, revocation or suspension of a license and that may include:
(a) Imposition of an administrative penalty in an amount not to exceed two thousand dollars for each violation of this chapter or rules adopted under this chapter.
(b) Imposition of restrictions on the scope of practice.
(c) Imposition of peer review and professional education requirements.
(d) Imposition of censure or probation requirements best adapted to protect the public welfare, which may include a requirement for restitution to the patient resulting from violations of this chapter or rules adopted under this chapter.
12. 13. "Irregularities in billing" means submitting any claim, bill or government assistance claim to any patient, responsible party or third‑party payor for dental services rendered that is materially false with the intent to receive unearned income as evidenced by any of the following:
(a) Charges for services not rendered.
(b) Any treatment date that does not accurately reflect the date when the service and procedures were actually completed.
(c) Any description of a dental service or procedure that does not accurately reflect the actual work completed.
(d) Any charge for a service or procedure that cannot be clinically justified or determined to be necessary.
(e) Any statement that is material to the claim and that the licensee knows is false or misleading.
(f) An abrogation of the copayment provisions of a dental insurance contract by a waiver of all or a part of the copayment from the patient if this results in an excessive or fraudulent charge to a third party or if the waiver is used as an enticement to receive dental services from that provider. This subdivision does not interfere with a contractual relationship between a third‑party payor and a licensee or business entity registered with the board.
(g) Any other practice in billing that results in excessive or fraudulent charges to the patient.
13. 14. "Letter of concern" means an advisory letter to notify a licensee or a registered business entity that, while the evidence does not warrant disciplinary action, the board or, in the case of a dental hygienist, commission believes that the licensee or registered business entity should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board or, in the case of a dental hygienist, commission may result in board or commission action against the practitioner's license or the business entity's registration. A letter of concern is not a disciplinary action. A letter of concern is a public document and may be used in a future disciplinary action.
14. 15. "Licensed" means licensed pursuant to this chapter.
15. 16. "Place of practice" means each physical location at which a person licensed pursuant to this chapter performs services subject to this chapter.
16. 17. "Primary mailing address" means the address on file with the board and to which official board correspondence, notices or documents are delivered in a manner determined by the board.
17. 18. "Recognized dental hygiene school" means a school that has a dental hygiene program with a minimum two academic year curriculum, or the equivalent of four semesters, and that is approved by the board and accredited by the American dental association commission on dental accreditation.
18. 19. "Recognized dental school" means a dental school accredited by the American dental association commission on dental accreditation.
19. 20. "Recognized denturist school" means a denturist school that maintains standards of entrance, study and graduation and that is accredited by the United States department of education or the council on higher education accreditation.
20. 21. "Supervised personnel" means all dental hygienists, dental assistants, dental laboratory technicians, denturists, dental x‑ray laboratory technicians and other persons supervised by licensed dentists.
21. 22. "Unprofessional conduct" means the following acts, whether occurring in this state or elsewhere:
(a) Intentional betrayal of a professional confidence or intentional violation of a privileged communication except as either of these may otherwise be required by law. This subdivision does not prevent members of the board or, in the case of a dental hygienist, commission 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.
(b) 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, denturist or dental hygienist to practice that person's profession.
(c) 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.
(d) Gross malpractice, or repeated acts constituting malpractice.
(e) Acting or assuming to act as a member of the board if this is not true.
(f) 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.
(g) Having professional connection with or lending one's name to an illegal practitioner of dentistry or any of the other healing arts.
(h) 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.
(i) Offering, undertaking or agreeing to correct, cure or treat a condition, disease, injury, ailment or infirmity by a secret means, method, device or instrumentality.
(j) Refusing to divulge to the board or, in the case of a dental hygienist, commission, on reasonable notice and demand, the means, method, device or instrumentality used in the treatment of a condition, disease, injury, ailment or infirmity.
(k) Dividing a professional fee or receiving any consideration for patient referrals among or between dental care providers or dental care institutions or entities. This subdivision 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.
(l) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of dentistry.
(m) Refusal, revocation or suspension of a license or any other disciplinary action taken against a dentist by, or the voluntary surrender of 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.
(n) Any conduct or practice that constitutes a danger to the health, welfare or safety of the patient or the public.
(o) 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.
(p) Repeated irregularities in billing.
(q) 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.
(r) Practicing dentistry under a false or assumed name in this state, other than as allowed by section 32‑1262.
(s) 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.
(t) The following advertising practices:
(i) The publication or circulation, directly or indirectly, of any false, fraudulent or misleading statements concerning the skill, methods or practices of the licensee or of any other person.
(ii) Advertising in any manner that tends to deceive or defraud the public.
(u) Failing to dispense drugs and devices in compliance with article 6 of this chapter.
(v) Failing to comply with a final board order, including an order of censure or probation.
(w) Failing to comply with a board subpoena in a timely manner.
(x) Failing or refusing to maintain adequate patient records.
(y) 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 dentally related activity.
(z) 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.
(aa) 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.
(bb) Failing to report in writing to the board or, in the case of a dental hygienist, commission any evidence that a dentist, denturist or dental hygienist is or may be:
(i) Professionally incompetent.
(ii) Engaging in unprofessional conduct.
(iii) Impaired by drugs or alcohol.
(iv) Mentally or physically unable to safely engage in the activities of a dentist, denturist or dental hygienist pursuant to this chapter.
(cc) Filing a false report pursuant to subdivision (bb) of this paragraph.
(dd) Practicing dentistry, dental hygiene or denturism in a business entity that is not registered with the board as required by section 32‑1213.
Sec. 2. Section 32-1263, Arizona Revised Statutes, is amended to read:
32-1263. Grounds for disciplinary action; definition
A. The board or, in the case of a dental hygienist, commission may invoke disciplinary action against any person licensed under this chapter for any of the following reasons:
1. Unprofessional conduct, as defined in section 32‑1201.
2. Conviction of a felony or of a misdemeanor involving moral turpitude, in which case the record of conviction or a certified copy is conclusive evidence.
3. Physical or mental incompetence to practice pursuant to this chapter.
4. Committing or aiding, directly or indirectly, a violation of or noncompliance with any provision of this chapter or of any rules adopted by the board pursuant to this chapter.
5. Dental incompetence, as defined in section 32‑1201.
B. This section does not establish a cause of action against a licensee or a registered business entity that makes a report of unprofessional conduct or unethical conduct in good faith.
C. The board may take disciplinary action against a business entity registered pursuant to this chapter for unethical conduct.
D. For the purposes of this section, "unethical conduct" means the following acts occurring in this state or elsewhere:
1. Failing to report in writing to the board or, in the case of a dental hygienist, commission any evidence that a dentist, denturist or dental hygienist is or may be professionally incompetent, is or may be guilty of unprofessional conduct, is or may be impaired by drugs or alcohol or is or may be mentally or physically unable to safely engage in the permissible activities of a dentist, denturist or dental hygienist.
2. Falsely reporting to the board or, in the case of a dental hygienist, commission that a dentist, denturist or dental hygienist is or may be guilty of unprofessional conduct, is or may be impaired by drugs or alcohol or is or may be mentally or physically unable to safely engage in the permissible activities of a dentist, denturist or dental hygienist.
3. Obtaining or attempting to obtain a registration or registration renewal by fraud or by misrepresentation.
4. Knowingly filing with the board any application, renewal or other document that contains false information.
5. Failing to register or failing to submit a renewal registration with the board pursuant to section 32‑1213.
6. Failing to provide the following persons with access to any place for which a registration has been issued or for which an application for a registration has been submitted in order to conduct a site investigation, inspection or audit:
(a) The board or its employees or agents.
(b) An authorized federal or state official.
7. Failing to notify the board of a change in officers and directors, a change of address or a change in the dentists providing services pursuant to section 32‑1213, subsection E.
8. Failing to provide patient records pursuant to section 32‑1264.
9. 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.
10. Engaging in repeated irregularities in billing.
11. Engaging in the following advertising practices:
(a) The publication or circulation, directly or indirectly, of any false or fraudulent or misleading statements concerning the skill, methods or practices of a registered business entity, a licensee or any other person.
(b) Advertising in any manner that tends to deceive or defraud the public.
12. Failing to comply with a board or commission subpoena in a timely manner.
13. Failing to comply with a final board or commission order, including a decree of censure, a period or term of probation, a consent agreement or a stipulation.
14. Employing or aiding and abetting unlicensed persons to perform work that must be done by a person licensed pursuant to this chapter.
15. Engaging in any conduct or practice that constitutes a danger to the health, welfare or safety of the patient or the public.
16. Engaging in a policy or practice that interferes with the clinical judgment of a licensee providing dental services for a business entity or compromising a licensee's ability to comply with this chapter.
Sec. 3. Section 32-1263.01, Arizona Revised Statutes, is amended to read:
32-1263.01. Types of disciplinary action; letter of concern; judicial review; notice; removal of notice; violation; classification
A. The board or, in the case of a dental hygienist, commission may take any one or a combination of the following disciplinary actions against any person licensed under this chapter:
1. Revocation of license to practice.
2. Suspension of license to practice.
3. Entering a decree of censure, which may require that restitution be made to an aggrieved party.
4. Issuance of an order fixing a period and terms of probation best adapted to protect the public health and safety and to rehabilitate the licensed person. The order fixing a period and terms of probation may require that restitution be made to the aggrieved party.
5. Imposition of an administrative penalty in an amount not to exceed two thousand dollars for each violation of this chapter or rules adopted under this chapter.
6. Imposition of a requirement for restitution of fees to the aggrieved party.
7. Imposition of restrictions on the scope of practice.
8. Imposition of peer review and professional education requirements.
9. Imposition of community service.
B. The board or, in the case of a dental hygienist, commission may issue a letter of concern if a licensee's continuing practices may cause the board or commission to take disciplinary action. The board or, in the case of a dental hygienist, commission may also issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board or commission to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
C. Failure to comply with any final order of the board or, in the case of a dental hygienist, commission, including an order of censure or probation, is cause for suspension or revocation of a license.
D. Except as provided in section 41‑1092.08, subsection H, final decisions of the board or commission are subject to judicial review pursuant to title 12, chapter 7, article 6.
E. If the board acts to modify any dentist's prescription writing privileges, it shall immediately notify the state board of pharmacy of the modification.
F. The board or, in the case of a dental hygienist, commission may post a notice of its suspension or revocation of a license at the licensee's place of business. This notice shall remain posted for sixty days. A person who removes this notice without board, commission or court authority before that time is guilty of a class 3 misdemeanor.
G. A licensee or certificate holder shall respond in writing to the board or, in the case of a dental hygienist, commission within twenty days after notice of hearing is served. A licensee who fails to answer the charges in a complaint and notice of hearing issued pursuant to this article and title 41, chapter 6, article 10 is deemed to admit the acts charged in the complaint, and the board or commission may revoke or suspend the license without a hearing.
Sec. 4. Section 32-1263.02, Arizona Revised Statutes, is amended to read:
32-1263.02. Investigation and adjudication of complaints; disciplinary action; civil penalty; immunity; subpoena authority; definitions
A. The board or, in the case of a dental hygienist, commission on its motion, or the executive director if delegated by the board, may investigate any evidence that appears to show the existence of any of the causes or grounds for disciplinary action as provided in section 32‑1263. The board or commission may investigate any complaint that alleges the existence of any of the causes or grounds for disciplinary action as provided in section 32‑1263. The board or commission shall not act on a complaint if the allegation of unprofessional conduct, unethical conduct or any other violation of this chapter occurred more than six years before the complaint is received by the board or commission. The six‑year time limitation does not apply to medical malpractice settlements or judgments. At the request of the complainant, the board or commission shall not disclose to the respondent the complainant name unless the information is essential to proceedings conducted pursuant to this article.
B. The board or its designees or, in the case of a dental hygienist, the commission shall conduct necessary investigations, including interviews between representatives of the board or the commission and the licensee with respect to any information obtained by or filed with the board or commission under subsection A of this section. The results of the investigation conducted by a designee shall be forwarded to the board for its review.
C. If, based on the information it receives under subsection A of this section, the board or, in the case of a dental hygienist, commission finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, the board or commission may order a summary suspension of the respondent's license pursuant to section 41‑1092.11 pending proceedings for revocation or other action.
D. If a complaint refers to quality of care, the patient may be referred for a clinical evaluation at the discretion of the board.
E. If, after completing its investigation, the board or, in the case of a dental hygienist, commission finds that the information provided pursuant to subsection A of this section is insufficient to merit disciplinary action against the licensee, the board or commission may take any of the following actions:
1. Dismiss the complaint.
2. Issue a nondisciplinary letter of concern to the licensee.
3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board or commission to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
4. Assess a nondisciplinary civil penalty in an amount not to exceed five hundred dollars if the complaint involves a licensee's failure to respond to a board or commission subpoena.
F. If, after completing its investigation, the board or, in the case of a dental hygienist, commission finds that the information provided pursuant to subsection A of this section is sufficient to merit disciplinary action against the licensee, the board or commission may request that the licensee participate in a formal interview before the board or commission. If the licensee refuses or accepts the invitation for a formal interview and the results indicate that grounds may exist for revocation or suspension, the board or commission shall issue a formal complaint and order that a hearing be held pursuant to title 41, chapter 6, article 10. If, after completing a formal interview, the board or commission finds that the protection of the public requires emergency action, it may order a summary suspension of the license pursuant to section 41‑1092.11 pending formal revocation proceedings or other action authorized by this section.
G. If, after completing a formal interview, the board or, in the case of a dental hygienist, commission finds that the information provided under subsection A of this section is insufficient to merit suspension or revocation of the license, it may take any of the following actions:
1. Dismiss the complaint.
2. Order disciplinary action pursuant to section 32‑1263.01, subsection A.
3. Enter into a consent agreement with the licensee for disciplinary action.
4 Order nondisciplinary continuing education pursuant to section 32‑1263.01, subsection B.
5. Issue a nondisciplinary letter of concern to the licensee.
H. A copy of the board's or commission's order issued pursuant to this section shall be given to the complainant and to the licensee. Pursuant to title 41, chapter 6, article 10, the licensee may petition for rehearing or review.
I. Any person who in good faith makes a report or complaint as provided in this section to the board or, in the case of a dental hygienist, commission or to any person or committee acting on behalf of the board or commission is not subject to liability for civil damages as a result of the report.
J. The board, through its president or the president's designee, or, in the case of a dental hygienist, the commission, through its chairperson, may issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths, take testimony and receive exhibits in evidence in connection with an investigation initiated by the board or commission or a complaint filed with the board or commission. In case of disobedience to a subpoena, the board or commission may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence.
K. Patient records, including clinical records, medical reports, laboratory statements and reports, files, films, reports or oral statements relating to diagnostic findings or treatment of patients, any information from which a patient or a patient's family may be identified or information received and records kept by the board or, in the case of a dental hygienist, commission as a result of the investigation procedures taken pursuant to this chapter, are not available to the public.
L. The board may charge the costs of formal hearings conducted pursuant to title 41, chapter 6, article 10 to a licensee it finds to be in violation of this chapter.
M. The board or, in the case of a dental hygienist, commission may accept the surrender of an active license from a licensee who is subject to a board or commission investigation and who admits in writing to any of the following:
1. Being unable to safely engage in the practice of dentistry.
2. Having committed an act of unprofessional conduct.
3. Having violated this chapter or a board rule.
N. In determining the appropriate disciplinary action under this section, the board or, in the case of a dental hygienist, commission may consider any previous nondisciplinary and disciplinary actions against a licensee.
O. If a licensee currently providing dental services for a registered business entity believes that the registered business entity has engaged in unethical conduct as defined pursuant to section 32-1263, subsection D, paragraph 16, the licensee must do both of the following before filing a complaint with the board:
1. Notify the registered business entity in writing that the licensee believes that the registered business entity has engaged in a policy or practice that interferes with the clinical judgment of the licensee or that compromises the licensee's ability to comply with the requirements of this chapter. The licensee shall specify in the notice the reasons for this belief.
2. Provide the registered business entity with at least ten calendar days to respond in writing to the assertions made pursuant to paragraph 1 of this subsection.
P. A licensee who files a complaint pursuant to subsection O of this section shall provide the board with a copy of the licensee's notification and the registered business entity's response, if any.
Q. A registered business entity may not take any adverse employment action against a licensee because the licensee complies with the requirements of subsection O of this section.
R. For the purposes of this section:
1. "License" includes a certificate issued pursuant to this chapter.
2. "Licensee" means a dentist, dental hygienist, denturist, dental consultant, restricted permit holder or business entity regulated pursuant to this chapter.
Sec. 5. Section 32-1266, Arizona Revised Statutes, is amended to read:
32-1266. Prosecution of violations
The attorney general shall act for the board or, in the case of regulating dental hygienists, commission in all matters requiring legal assistance, but the board may employ other or additional counsel in its own behalf. The board and commission shall assist prosecuting officers in enforcement of this chapter, and in so doing may engage suitable persons to assist in investigations and in the procurement and presentation of evidence. Subpoenas or other orders issued by the board or commission may be served by any officer empowered to serve processes, who shall receive the fees prescribed by law. Expenditures made in carrying out provisions of this section shall be paid from the dental board fund.
Sec. 6. Section 32-1282, Arizona Revised Statutes, is amended to read:
32-1282. Administration and enforcement
A. So far Except as provided in section 32-1282.01, as applicable, the board shall have the same powers and duties in administering and enforcing this article that it has under section 32‑1207 in administering and enforcing articles 1, 2 and 3 of this chapter.
B. The board shall adopt rules that provide a method for the board to receive the assistance and advice of dental hygienists licensed pursuant to this chapter in all matters relating to the regulation of dental hygienists.
Sec. 7. Title 32, chapter 11, article 4, Arizona Revised Statutes, is amended by adding section 32-1282.01, to read:
32-1282.01. Dental hygienist commission; members; duties; compensation
A. The dental hygienist commission is established and is responsible for the discipline and continuing education of dental hygienists licensed pursuant to this article. The board shall appoint seven members to the dental hygiene commission as follows:
1. Two dentists who are currently serving as board members.
2. Five dental hygienists, two of whom are currently serving as board members.
B. The dentists who are appointed to the commission and who are concurrently serving on the board shall serve one term of four years. The dental hygienists who are appointed to the commission and who are currently serving on the board shall serve concurrent terms with their board membership. Except for the appointed members of the commission who are currently serving on the board, the board shall appoint dental hygienist commission members for staggered terms of three years and limit each member to two consecutive terms. The board shall fill any commission vacancy for the unexpired portion of the term. Any person who is appointed as a dentist or dental hygienist commission member must hold an active license in this state and be in good standing.
C. The dental hygienist commission shall elect a chairperson at the first meeting convened during each calendar year.
D. The commission shall:
1. Be responsible for invoking any disciplinary action authorized in this chapter against a dental hygienist who is licensed pursuant to this article.
2. Annually audit up to ten per cent of the dental hygienists licensed pursuant to this article for compliance with the continuing education requirements for license renewal.
3. Review applications, syllabi and related materials regarding certification of courses in local anesthesia, nitrous oxide analgesia and suture placement and other procedures that may require certification.
E. Members of the commission are entitled to receive compensation in the amount of two hundred dollars for each day actually spent in performing necessary work authorized by the commission and all expenses necessarily and properly incurred while performing this work.
F. The staff of the board shall carry out the administrative responsibilities of the commission.
Sec. 8. Section 32-1287, Arizona Revised Statutes, is amended to read:
32-1287. Dental hygienist triennial licensure; continuing education; license reinstatement; notice of change of address; penalties; retired and disabled licensees
A. Except as provided in section 32‑4301, a license expires on June 30 of every third year. On or before June 30 of every third year, every licensed dental hygienist shall submit to the board a complete renewal application and pay a license renewal fee of not more than three hundred twenty‑five dollars, established by a formal vote of the board. At least once every three years, before establishing the fee for the subsequent three fiscal years, the board shall review the amount of the fee in a public meeting. Any change in the amount of the fee shall be applied prospectively to a licensee at the time of licensure renewal for the subsequent three fiscal years. The fee prescribed by this section does not apply to a retired or disabled hygienist.
B. A licensee shall include a written affidavit with the renewal application that affirms that the licensee complies with board rules relating to continuing education requirements. A licensee is not required to complete the written affidavit if the licensee received an initial license within the year immediately preceding the expiration date of the license or the licensee is in disabled status. If the licensee is not in compliance with board rules relating to continuing education, the board commission may grant an extension of time to complete these requirements if the licensee includes a written request for an extension with the renewal application instead of the written affidavit and the renewal application is received on or before June 30 of the expiration year. The board commission shall consider the extension request based on criteria prescribed by the board by rule. If the board commission denies an extension request, the license expires on August 30 of the expiration year.
C. A person applying for a license for the first time in this state shall pay a prorated fee for the period remaining until the next June 30. This fee shall not exceed one‑third of the fee established pursuant to subsection A of this section. Subsequent registrations shall be conducted pursuant to this section.
D. An expired license may be reinstated by submitting a complete renewal application within the twenty-four-month period immediately following the expiration of the license with payment of the renewal fee and a one hundred dollar penalty. Whenever issued, reinstatement is as of the date of application and entitles the applicant to licensure only for the remainder of the applicable three-year period. If a person does not reinstate a license pursuant to this subsection, the person must reapply for licensure pursuant to this chapter.
E. A licensee shall notify the board in writing within ten days after the licensee changes the primary mailing address listed with the board. The board shall impose a penalty of fifty dollars if a licensee fails to notify the board of the change within that time. The board shall increase the penalty imposed to one hundred dollars if a licensee fails to notify it of the change within thirty days.
F. A licensee who is over sixty‑five years of age and who is fully retired and a licensee who is permanently disabled may contribute services to a recognized charitable institution and still retain that classification for triennial registration purposes on payment of a reduced renewal fee as prescribed by the board by rule.
Sec. 9. Section 32-1290, Arizona Revised Statutes, is amended to read:
32-1290. Grounds for censure, probation, suspension or revocation of license; procedure
After a hearing pursuant to title 41, chapter 6, article 10, the board dental hygienist commission may suspend or revoke the license issued to a person under this article or censure or place on probation any such person for any of the causes set forth as grounds for censure, probation, suspension or revocation in section 32‑1263.
