Bill Amendment: AZ SB1159 | 2024 | Fifty-sixth Legislature 2nd Regular
Bill Title: Dentists; restricted permits; continuing education
Status: 2024-04-01 - House Committee of the Whole action: Retained on the Calendar [SB1159 Detail]
Download: Arizona-2024-SB1159-SENATE_-_Health_and_Human_Services_-_Strike_Everything.html
Fifty-sixth Legislature Health and Human Services
Second Regular Session S.B. 1159
COMMITTEE ON HEALTH AND HUMAN SERVICES
SENATE AMENDMENTS TO S.B. 1159
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 32-1231, Arizona Revised Statutes, is amended to read:
32-1231. Persons not required to be licensed
This chapter does not prohibit:
1. A dentist, dental therapist or dental hygienist who is officially employed in the service of the United States from practicing dentistry in the dentist's, dental therapist's or dental hygienist's official capacity, within the scope of that person's authority, on persons who are enlisted in, directly connected with or under the immediate control of some branch of service of the United States.
2. A person, whether or not licensed by this state, from practicing dental therapy either:
(a) In the discharge of official duties on behalf of the United States government, including the United States department of veterans affairs, the United States public health service and the Indian health service.
(b) While employed by tribal health programs authorized pursuant to Public Law 93-638 or urban Indian health programs.
3. An intern or student of dentistry, dental therapy or dental hygiene from operating in the clinical departments or laboratories of a recognized dental school, recognized dental therapy school, recognized dental hygiene school or hospital under the supervision of a dentist.
4. An unlicensed person from performing for a licensed dentist merely mechanical work on inert matter not within the oral cavity in the construction, making, alteration or repairing of any artificial dental substitute or any dental restorative or corrective appliance, if the casts or impressions for that work have been furnished by a licensed dentist and the work is directly supervised by the dentist for whom done or under a written authorization signed by the dentist, but the burden of proving that written authorization or direct supervision is on the person charged with having violated this provision.
5. A clinician who is not licensed in this state from giving demonstrations, before bona fide dental societies, study clubs and groups of professional students, that are free to the persons on whom made.
6. The state director of dental public health from performing the director's administrative duties as prescribed by law.
7. A dentist or dental hygienist to whom a restricted permit has been issued from practicing dentistry or dental hygiene in this state as provided in sections 32-1237 and 32-1292.
8. A dentist, dental therapist or dental hygienist from practicing for educational purposes on behalf of a recognized dental school, recognized dental therapy school or recognized dental hygiene school.
9. A dentist who holds an active and unrestricted license in another state, territory or possession of the United States from practicing for educational purposes in connection with recognized continuing dental education as defined by the board. A dentist who practices under this paragraph:
(a) May not receive compensation for dental services provided in connection with recognized continuing dental education.
(b) Is subject to the jurisdiction and discipline of the board to the same extent as dentists who are licensed in this state.
(c) Shall file a restricted permit application on a form approved by the board with the recognized continuing dental education before providing any dental care or services in this state. The provider of the recognized continuing dental education shall retain the dentist's restricted permit application for a period of at least five years.
Sec. 2. Section 32-1232, Arizona Revised Statutes, is amended to read:
32-1232. Qualifications of applicant; application; fee; fingerprint clearance card; exception
A. An applicant for licensure shall meet the requirements of section 32-1233 and shall hold a diploma conferring a degree of doctor of dental medicine or doctor of dental surgery from a recognized dental school.
C. The board may deny an application for a license, for license renewal or for a restricted permit if the applicant:
1. Has committed any act that would be cause for censure, probation or suspension or revocation of a license under this chapter.
2. While unlicensed, committed or aided and abetted the commission of any act for which a license is required by this chapter.
3. Knowingly made any false statement in the application.
4. Has had a license to practice dentistry revoked by a dental regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.
5. Is currently under suspension or restriction by a dental regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.
6. Has surrendered, relinquished or given up a license to practice dentistry in lieu of disciplinary action by a dental regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.
D. The board shall suspend an application for a license, for license renewal or for a restricted permit if the applicant is currently under investigation by a dental regulatory board in another jurisdiction. The board shall not issue or deny a license to the applicant until the investigation is resolved.
Sec. 3. Section 32-1237, Arizona Revised Statutes, is amended to read:
32-1237. Restricted permit
A. A person may apply for a restricted permit if the applicant demonstrates to the board's satisfaction that the applicant:
1. Has a pending contract with a recognized charitable dental clinic or organization OR WILL BE PRACTICING FOR EDUCATIONAL PURPOSES IN CONNECTION WITH AND WHILE ENROLLED IN RECOGNIZED CONTINUING DENTAL EDUCATION that offers dental services without compensation or at a rate that only reimburses the clinic for dental supplies and overhead costs and the applicant will receive no compensation for dental services provided at the clinic or organization OR IN CONNECTION WITH THE RECOGNIZED CONTINUING dental EDUCATION.
2. Has a license to practice dentistry issued by another state or territory of the United States or the District of Columbia.
3. Has been actively engaged in one or more of the following for AT LEAST three years immediately preceding the application:
(a) The practice of dentistry.
(b) An approved dental residency training program.
(c) Postgraduate training deemed by the board equivalent to an approved dental residency training program.
4. Is competent and proficient to practice dentistry.
5. Meets the requirements of section 32-1232, subsection A, other than the requirement to meet section 32-1233.
B. For the purposes of meeting the requirements of subsection A of this section, the provider of the recognized continuing dental education, before the commencement of the continuing education, shall notify the board of the restricted permit applicants the provider has accepted that meet the requirements of section 32-1231, paragraph 9. The board shall acknowledge receipt of the notification within five business days.
Sec. 4. Section 32-1238, Arizona Revised Statutes, is amended to read:
32-1238. Issuance of restricted permit
a. tHE BOARD SHALL ISSUE A RESTRICTED PERMIT WITHIN THIRTY DAYS AFTER THE DATE THE BOARD RECEIVES A COMPLETE APPLICATION that meets the requirements of section 32-1232, subsection B FROM AN APPLICANT THAT MEETS THE REQUIREMENTS OF SECTION 32-1237.
b. A restricted permit may be issued by the board without examination or payment of fee for a period not to exceed one year or until June 30th, whichever is lesser, and shall automatically expire at that time. The board may, in its discretion and pursuant to rules or regulations not inconsistent with this chapter, renew such restricted permit for periods not to exceed one year.
C. FOR THE PURPOSEs OF THIS SECTION, THE ACKNOWLEDGMENT FROM THE BOARD PURSUANT TO SECTION 32-1237, subsection B SERVEs AS THE ISSUANCE OF A RESTRICTED PERMIT TO AN APPLICANT who WILL BE PRACTICING FOR EDUCATIONAL PURPOSES IN CONNECTION WITH AND WHILE ENROLLED IN RECOGNIZED CONTINUING DENTAL EDUCATION.
Sec. 5. Section 32-1239, Arizona Revised Statutes, is amended to read:
32-1239. Practice under restricted permit
A person to whom a restricted permit is issued shall be entitled to may practice dentistry only in the course of his THE PERSON'S employment by a recognized charitable dental clinic or organization OR FOR EDUCATIONAL PURPOSES IN CONNECTION WITH AND WHILE ENROLLED IN RECOGNIZED CONTINUING DENTAL EDUCATION as approved by the board. , on the following conditions:
1. He tHE PERSON shall file a copy of his THE PERSON'S employment contract OR CONFIRMATION OF ENROLLMENT WITH RECOGNIZED CONTINUING DENTAL EDUCATION with the board, and such THE contract OR CONFIRMATION shall contain the following provisions:
(a) 1. That the applicant understands and acknowledges that if his THE APPLICANT'S employment by the charitable dental clinic or organization OR ENROLLMENT IN THE recognized continuing dental EDUCATION is terminated prior to BEFORE the expiration of his THE APPLICANT'S restricted permit, his THE APPLICANT'S restricted permit will be automatically revoked and he THE APPLICANT will voluntarily surrender the permit to the board and will no longer be eligible to practice unless or until he THE APPLICANT has satisfied the requirements of section 32-1237 or has successfully passed the examination as provided in this article.
(b) 2. He shall THE person must be either:
(a) Employed by a dental clinic or organization that is organized and operated for charitable purposes offering dental services without compensation. The term "employed" as used in this subdivision shall include includes the performance of dental services without compensation.
(b) ENROLLED IN A RECOGNIZED CONTINUING DENTAL EDUCATION and providing charitable dental services, for which the person MAY NOT RECEIVE ANY COMPENSATION, in connection with recognized continuing dental education with an organization that is exempt from taxation pursuant to section 501(c)(3) of the internal revenue code.
(c) 3. He shall be The person is subject to all the provisions of this chapter applicable to licensed dentists and to the jurisdiction and discipline of the board for all dental care and services provided under the restricted permit."
Amend title to conform
