A.R.S. tit. 32 ch. 11 — Arizona Revised Statutes Title 32 Chapter 11 — Dentistry

32-1201. Definitions In this chapter, unless the context otherwise requires: 1. "Affiliated practice dental hygienist" means any licensed dental hygienist who is able, pursuant to section 32-1289.01, to initiate treatment based on the dental hygienist's assessment of a patient's needs according to the terms of a written affiliated practice agreement with a dentist, to treat the patient without the presence of a dentist and to maintain a provider-patient relationship. 2. "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. 3. "Board" means the state board of dental examiners. 4. "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. 5. "Dental assistant" means any person who acts as an assistant to a dentist, dental therapist or 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. 6. "Dental hygienist" means any person who is licensed and engaged in the general practice of dental hygiene and all related and associated duties, including educational, clinical and therapeutic dental hygiene procedures. 7. "Dental incompetence" means lacking in sufficient dentistry knowledge or skills, or both, in that field of dentistry in which the dentist, dental therapist, denturist or dental hygienist concerned engages, to a degree likely to endanger the health of that person's patients. 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. 9. "Dental therapist" means any person who is licensed and engaged in the general practice of dental therapy and all related and associated duties, including educational, clinical and therapeutic dental therapy procedures. 10. "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 nonfluoroscopic diagnostic imaging modalities. 11. "Dentistry", "dentist" and "dental" mean the general practice of dentistry and all specialties or restricted practices of dentistry. 12. "Denturist" means a person practicing denture technology pursuant to article 5 of this chapter. 13. "Disciplinary action" means regulatory sanctions that are imposed by the board 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 $2,000 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. 14. "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. 15. "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 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 may result in board 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. 16. "Licensed" means licensed pursuant to this chapter. 17. "Place of practice" means each physical location at which a person who is licensed pursuant to this chapter performs services subject to this chapter. 18. "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. 19. "Qualified anesthesia provider" means any of the following: (a) A licensee who holds a permit to administer anesthesia and sedation from the board pursuant to section 32-1207. (b) A physician who has completed residency training in anesthesiology, who is licensed pursuant to chapter 13 or 17 of this title and who is registered with the Arizona medical board or the Arizona board of osteopathic examiners in medicine and surgery to administer anesthesia in dental offices and dental clinics pursuant to section 32-1403 or 32-1803. (c) A certified registered nurse anesthetist who has a national board certification in anesthesiology, who is licensed pursuant to chapter 15 of this title and who is registered with the Arizona state board of nursing to administer anesthesia in dental offices and dental clinics pursuant to section 32-1606. 20. "Recognized continuing dental education" means continuing dental education as prescribed by the board in rule. 21. "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. 22. "Recognized dental school" means a dental school that is accredited by the American dental association commission on dental accreditation. 23. "Recognized dental therapy school" means a school that is accredited or that has received initial accreditation by the American dental association commission on dental accreditation. 24. "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. 25. "Supervised personnel" means all dental hygienists, dental assistants, dental laboratory technicians, dental therapists, denturists, dental x-ray laboratory technicians and other persons supervised by licensed dentists. 26. "Teledentistry" means the use of data transmitted through interactive audio, video or data communications for the purposes of examination, diagnosis, treatment planning, consultation and directing the delivery of treatment by dentists and dental providers in settings permissible under this chapter or specified in rules adopted by the board. 32-1201.01. Definition of unprofessional conduct For the purposes of this chapter, "unprofessional conduct" means the following acts, whether occurring in this state or elsewhere: 1. Intentionally betraying a professional confidence or intentionally violating a privileged communication except as either of these may otherwise be required by law. This paragraph does not prevent members of the board 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. 2. 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, dental therapist, denturist or dental hygienist to practice that person's profession. 3. 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 needs and in conjunction with the scope of practice prescribed in section 32-1202. 4. Committing gross malpractice or repeated acts constituting malpractice. 5. Acting or assuming to act as a member of the board if this is not true. 6. 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. 7. Having professional connection with or lending one's name to an illegal practitioner of dentistry or any of the other healing arts. 8. 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. 9. Offering, undertaking or agreeing to correct, cure or treat a condition, disease, injury, ailment or infirmity by a secret means, method, device or instrumentality. 10. Refusing to divulge to the board, on reasonable notice and demand, the means, method, device or instrumentality used in treating a condition, disease, injury, ailment or infirmity. 11. Dividing a professional fee or offering, providing or receiving any consideration for patient referrals among or between dental care providers or dental care institutions or entities. This paragraph 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. 12. Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of dentistry. 13. Having a license refused, revoked or suspended or any other disciplinary action taken against a dentist by, or voluntarily surrendering 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. 14. Committing any conduct or practice that constitutes a danger to the health, welfare or safety of the patient or the public. 15. 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. 16. Committing repeated irregularities in billing. 17. Employing unlicensed persons to perform or aiding and abetting unlicensed persons in performing work that can be done legally only by licensed persons. 18. Practicing dentistry under a false or assumed name in this state, other than as allowed by section 32-1262. 19. Wilfully or intentionally causing or allowing supervised personnel or auxiliary personnel operating under the licensee's supervision to commit illegal acts or perform an act or operation other than that allowed under article 4 of this chapter and rules adopted by the board pursuant to section 32-1282. 20. Committing the following advertising practices: (a) Publishing or circulating, directly or indirectly, any false, fraudulent or misleading statements concerning the skill, methods or practices of the licensee or of any other person. (b) Advertising in any manner that tends to deceive or defraud the public. 21. Failing to dispense drugs and devices in compliance with article 6 of this chapter. 22. Failing to comply with a board order, including an order of censure or probation. 23. Failing to comply with a board subpoena in a timely manner. 24. Failing or refusing to maintain adequate patient records. 25. 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 dental-related activity. 26. 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. 27. 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. 28. Failing to report in writing to the board any evidence that a dentist, dental therapist, denturist or dental hygienist is or may be: (a) Professionally incompetent. (b) Engaging in unprofessional conduct. (c) Impaired by drugs or alcohol. (d) Mentally or physically unable to safely engage in the activities of a dentist, dental therapist, denturist or dental hygienist pursuant to this chapter. 29. Filing a false report pursuant to paragraph 28 of this section. 30. Practicing dentistry, dental therapy, dental hygiene or denturism in a business entity that is not registered with the board as required by section 32-1213. 31. Dispensing a schedule II controlled substance that is an opioid. 32. Providing services or procedures as a dental therapist that exceed the scope of practice or exceed the services or procedures authorized in the written collaborative practice agreement. 32-1202. Scope of practice; practice of dentistry For the purposes of this chapter, the practice of dentistry is the diagnosis, surgical or nonsurgical treatment and performance of related adjunctive procedures for any disease, pain, deformity, deficiency, injury or physical condition of the human tooth or teeth, alveolar process, gums, lips, cheek, jaws, oral cavity and associated tissues of the oral maxillofacial facial complex, including removing stains, discolorations and concretions and administering botulinum toxin type A and dermal fillers to the oral maxillofacial complex for therapeutic or cosmetic purposes. 32-1203. State board of dental examiners; members; qualifications; terms A. The state board of dental examiners is established consisting of six licensed dentists, one of whom is an oral and maxillofacial surgeon who is in active practice at the time of appointment, two licensed dental hygienists, two public members and one business entity member. All members shall be appointed by the governor for a term of four years, to begin and end on January 1. B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. C. The business entity member and the public members may participate in all board proceedings and determinations, except in preparing, giving or grading examinations for licensure. Dental hygienist board members may participate in all board proceedings and determinations, except in preparing, giving and grading examinations that do not relate to dental hygiene procedures. D. A board member shall not serve more than two consecutive terms. E. For the purposes of this section, the business entity member must be an employee or owner of a registered business entity pursuant to section 32-1213 and may not include a person who is licensed pursuant to this chapter. 32-1204. Removal from office The governor may remove a member of the board for persistent neglect of duty, incompetency, unfair, biased, partial or dishonorable conduct, or gross immorality. Conviction of a felony or revocation of the dental license of a member of the board shall ipso facto terminate his membership. 32-1205. Organization; meetings; quorum; staff A. The board shall elect from its membership a president and a vice-president who shall act also as secretary-treasurer. B. Board meetings shall be conducted pursuant to title 38, chapter 3, article 3.1. A majority of the board constitutes a quorum. Beginning September 1, 2015, meetings held pursuant to this subsection shall be audio recorded and the audio recording shall be posted to the board's website within five business days after the meeting. C. The board may employ an executive director, subject to title 41, chapter 4, article 4 and legislative appropriation. D. The board or the executive director may employ personnel, as necessary, subject to title 41, chapter 4, article 4 and legislative appropriation. 32-1206. Compensation of board members; investigation committee members A. Members of the board are entitled to receive compensation in the amount of $250 for each day actually spent in performing necessary work authorized by the board and all expenses necessarily and properly incurred while performing this work. B. Members of an investigation committee established by the board may receive compensation in the amount of $100 for each committee meeting. 32-1207. Powers and duties; executive director; immunity; fees; definitions A. The board shall: 1. Adopt rules that are not inconsistent with this chapter for regulating its own conduct, for holding examinations and for regulating the practice of dentists and supervised personnel and registered business entities, provided that: (a) Regulation of supervised personnel is based on the degree of education and training of the supervised personnel, the state of scientific technology available and the necessary degree of supervision of the supervised personnel by dentists. (b) Except as provided pursuant to sections 32-1276.03 and 32-1281, only licensed dentists may perform diagnosis and treatment planning, prescribe medication and perform surgical procedures on hard and soft tissues. (c) Only a licensed dentist, a dental therapist either under the direct supervision of a dentist or pursuant to a written collaborative practice agreement or a dental hygienist in consultation with a dentist may perform examinations, oral health assessments and treatment sequencing for dental hygiene procedures. 2. Adopt a seal. 3. Maintain a record that is available to the board at all times of its acts and proceedings, including the issuance, denial, renewal, suspension or revocation of licenses and the disposition of complaints. The existence of a pending complaint or investigation shall not be disclosed to the public. Records of complaints shall be available to the public, except only as follows: (a) If the board dismisses or terminates a complaint, the record of the complaint shall not be available to the public. (b) If the board has issued a nondisciplinary letter of concern, the record of the complaint shall be available to the public only for a period of five years after the date the board issued the letter of concern. (c) If the board has required additional nondisciplinary continuing education pursuant to section 32-1263.01 but has not taken further action, the record of the complaint shall be available to the public only for a period of five years after the licensee satisfies this requirement. (d) If the board has assessed a nondisciplinary civil penalty pursuant to section 32-1208 but has not taken further action, the record of the complaint shall be available to the public only for a period of five years after the licensee satisfies this requirement. 4. Establish a uniform and reasonable standard of minimum educational requirements consistent with the accreditation standards of the American dental association commission on dental accreditation to be observed by dental schools, dental therapy schools and dental hygiene schools in order to be classified as recognized dental schools, dental therapy schools or dental hygiene schools. 5. Establish a uniform and reasonable standard of minimum educational requirements that are consistent with the accreditation standards of the United States department of education or the council on higher education accreditation and that must be observed by denture technology schools in order to be classified as recognized denture technology schools. 6. Determine the reputability and classification of dental schools, dental therapy schools, dental hygiene schools and denture technology schools in accordance with their compliance with the standard set forth in paragraph 4 or 5 of this subsection, whichever is applicable. 7. Issue licenses to persons who the board determines are eligible for licensure pursuant to this chapter. 8. Determine the eligibility of applicants for restricted permits and issue restricted permits to those found eligible. 9. Pursuant to section 32-1263.02, investigate charges of misconduct on the part of licensees and persons to whom restricted permits have been issued. 10. Issue a letter of concern, which is not a disciplinary action but refers to practices that may lead to a violation and to disciplinary action. 11. Issue decrees of censure, fix periods and terms of probation, suspend or revoke licenses, certificates and restricted permits, as the facts may warrant, and reinstate licenses, certificates and restricted permits in proper cases. 12. Collect and disburse monies. 13. Perform all other duties that are necessary to enforce this chapter and that are not specifically or by necessary implication delegated to another person. 14. Establish criteria for the renewal of permits issued pursuant to board rules relating to general anesthesia and sedation. B. The board may: 1. Sue and be sued. 2. Issue subpoenas, including subpoenas to the custodian of patient records, compel attendance of witnesses, administer oaths and take testimony concerning all matters within the board's jurisdiction. If a person refuses to obey a subpoena issued by the board, the refusal shall be certified to the superior court and proceedings shall be instituted for contempt of court. 3. Adopt rules: (a) Prescribing requirements for continuing education for renewal of all licenses issued pursuant to this chapter. (b) Prescribing educational and experience prerequisites for administering intravenous or intramuscular drugs for the purpose of sedation or for using general anesthetics in conjunction with a dental treatment procedure. (c) Prescribing requirements for obtaining licenses for retired licensees or licensees who have a disability, including the triennial license renewal fee. 4. Hire consultants to assist the board in the performance of its duties and employ persons to provide investigative, professional and clerical assistance as the board deems necessary. 5. Contract with other state or federal agencies as required to carry out the purposes of this chapter. 6. If determined by the board, order physical, psychological, psychiatric and competency evaluations of licensed dentists, dental therapists and dental hygienists, certified denturists and applicants for licensure and certification at the expense of those individuals. 7. Establish an investigation committee consisting of not more than eleven licensees who are in good standing, who are appointed by the board and who serve at the pleasure of the board to investigate any complaint submitted to the board, initiated by the board or delegated by the board to the investigation committee pursuant to this chapter. C. The executive director or the executive director's designee may: 1. Issue and renew licenses, certificates and permits to applicants who meet the requirements of this chapter. 2. Initiate an investigation if evidence appears to demonstrate that a dentist, dental therapist, dental hygienist, denturist or restricted permit holder may be engaged in unprofessional conduct or may be unable to safely practice dentistry. 3. Initiate an investigation if evidence appears to demonstrate that a business entity may be engaged in unethical conduct. 4. Subject to board approval, enter into a consent agreement with a dentist, dental therapist, denturist, dental hygienist or restricted permit holder if there is evidence of unprofessional conduct. 5. Subject to board approval, enter into a consent agreement with a business entity if there is evidence of unethical conduct. 6. Refer cases to the board for a formal interview. 7. If delegated by the board, enter into a stipulation agreement with a person under the board's jurisdiction for the treatment, rehabilitation and monitoring of chemical substance abuse or misuse. D. Members of the board are personally immune from liability with respect to all acts done and actions taken in good faith and within the scope of their authority. E. The board by rule shall require that a licensee obtain a permit for applying general anesthesia and sedation, shall establish and collect a fee of not more than $300 to cover administrative costs connected with issuing the permit and shall conduct inspections to ensure compliance. F. The board by rule may establish and collect fees for license verification, board meeting agendas and minutes, published lists and mailing labels. G. This section does not prohibit the board from conducting its authorized duties in a public meeting. H. For the purposes of this section: 1. "Good standing" means that a person holds an unrestricted and unencumbered license that has not been suspended or revoked pursuant to this chapter. 2. "Record of complaint" means the document reflecting the final disposition of a complaint or investigation. 32-1208. Failure to respond to subpoena; civil penalty In addition to any disciplinary action authorized by statute, the board may assess a nondisciplinary civil penalty in an amount not to exceed five hundred dollars for a licensee who fails to respond to a subpoena issued by the board pursuant to this chapter. 32-1209. Admissibility of records in evidence A copy of any part of the recorded proceedings of the board certified by the executive director, or a certificate by the executive director that any asserted or purported record, name, license number, restricted permit number or action is not entered in the recorded proceedings of the board, may be admitted as evidence in any court in this state. A person making application and paying a fee set by the board may procure from the executive director a certified copy of any portion of the records of the board unless these records are classified as confidential as provided by law. Unless otherwise provided by law, all records concerning an investigation, examination materials, records of examination grading and applicants' performance and transcripts of educational institutions concerning applicants are confidential and are not public records. "Records of applicants' performance" does not include records of whether an applicant passed or failed an examination. 32-1210. Annual report; posting A. Not later than October 1 of each year, the board shall make an annual written report to the governor for the preceding fiscal year that includes the following information: 1. The number of licensed dentists, dental therapists and hygienists in this state. 2. The number of certified denturists in this state. 3. The number of registered business entities in this state. 4. The number of licenses, certificates and registrations issued during the preceding fiscal year for each license type, certificate and registration. 5. The outcomes with respect to complaints filed with the board and of any formal hearings held in connection with those complaints and the results of those hearings. 6. The facts with respect to persons charged with violations of this chapter. 7. A full and complete statement of financial transactions of the board. 8. Any other matters that the board wishes to include in the report or that the governor requires. B. On request of the governor, the board shall submit a supplemental report. C. The reports made pursuant to this section shall be posted on the board's public website. 32-1212. Dental board fund (L24, Ch. 222, sec. 13. Eff. until 7/1/28) A. Except as provided in subsection C of this section, pursuant to sections 35-146 and 35-147, the executive director of the board shall each month deposit fifteen percent of all fees, fines and other revenue received by the board in the state general fund and deposit the remaining eighty-five percent in the dental board fund. B. Monies deposited in the dental board fund are subject to the provisions of section 35-143.01. C. Monies from administrative penalties received pursuant to section 32-1263.01 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. 32-1212. Dental board fund (L24, Ch. 222, sec. 14. Eff. 7/1/28) A. Except as provided in subsection C of this section, pursuant to sections 35-146 and 35-147, the executive director of the board shall each month deposit ten percent of all fees, fines and other revenue received by the board in the state general fund and deposit the remaining ninety percent in the dental board fund. B. Monies deposited in the dental board fund are subject to the provisions of section 35-143.01. C. Monies from administrative penalties received pursuant to section 32-1263.01 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. 32-1213. Business entities; registration; renewal; civil penalty; exceptions; definitions A. A business entity may not offer dental services pursuant to this chapter unless: 1. The business entity is registered with the board pursuant to this section. 2. The services are conducted by a licensee pursuant to this chapter. B. The business entity must file a registration application on a form provided by the board. The application must include: 1. A description of the business entity's services offered to the public. 2. The name of any dentist who is authorized to provide and who is responsible for providing the dental services offered at each office. 3. The names and addresses of the officers and directors of the business entity. 4. The name of the business entity's custodian of records. 5. A registration fee prescribed by the board in rule. C. A business entity must file a separate registration application and pay a fee for each branch office in this state. D. A registration expires three years after the date the board issues the registration. A business entity that wishes to renew a registration must submit an application for renewal as prescribed by the board on a triennial basis on a form provided by the board before the expiration date. A business entity that fails to renew the registration before the expiration date is subject to a late fee as prescribed by the board by rule. The board may stagger the dates for renewal applications. E. The business entity must notify the board in writing within thirty days after any change: 1. In the business entity's name, address or telephone number. 2. In the officers or directors of the business entity. 3. In the name of any dentist who is authorized to provide and who is responsible for providing the dental services in any facility. 4. In the name of the business entity's custodian of records who will accept subpoenas and respond to patient records requests. F. The business entity shall establish a written protocol for the secure storage, transfer and access of the dental records of the business entity's patients. This protocol must include, at a minimum, procedures for: 1. Notifying patients of the future locations of their records if the business entity terminates or sells the practice. 2. Disposing of unclaimed dental records. 3. The timely response to requests by patients for copies of their records. G. The business entity must notify the board within thirty days after the dissolution of any registered business entity or the closing or relocation of any facility and must disclose to the board the business entity's procedure by which its patients may obtain their records. H. The board may do any of the following pursuant to its disciplinary procedures if a business entity violates the board's statutes or rules: 1. Refuse to issue a registration. 2. Suspend or revoke a registration. 3. Impose a civil penalty of not more than $2,000 for each violation. 4. Enter a decree of censure. 5. Issue an order prescribing a period and terms of probation that are best adapted to protect the public welfare and that may include a requirement for restitution to a patient for a violation of this chapter or rules adopted pursuant to this chapter. 6. Issue a letter of concern if a business entity's actions may cause the board to take disciplinary action. I. The board shall deposit, pursuant to sections 35-146 and 35-147, civil penalties collected pursuant to this section in the state general fund. J. Except as provided in subsection O of this section, this section does not apply to: 1. A sole proprietorship or partnership that consists exclusively of dentists who are licensed pursuant to this chapter. 2. Any of the following entities licensed under title 20: (a) A service corporation. (b) An insurer authorized to transact disability insurance. (c) A prepaid dental plan organization that does not provide directly for prepaid dental services. (d) A health care services organization that does not provide directly for dental services. 3. A professional corporation or professional limited liability company, the shares of which are exclusively owned by dentists who are licensed pursuant to this chapter and that is formed to engage in the practice of dentistry pursuant to title 10, chapter 20 or title 29 relating to professional limited liability companies. 4. A facility regulated by the federal government or a state, district or territory of the United States. 5. An administrator or executor of the estate of a deceased dentist or a person who is legally authorized to act for a dentist who has been adjudicated to be mentally incompetent for not more than one year after the date the board receives notice of the dentist's death or incapacitation pursuant to section 32-1270. 6. A recognized dental school, recognized dental therapy school or recognized dental hygiene school. K. A facility that offers dental services to the public by persons licensed under this chapter shall be registered by the board unless the facility is any of the following: 1. Owned by a dentist who is licensed pursuant to this chapter. 2. Regulated by the federal government or a state, district or territory of the United States. 3. A recognized dental school, recognized dental therapy school or recognized dental hygiene school. L. Except for issues relating to insurance coding and billing that require the name, signature and license number of the dentist providing treatment, this section does not: 1. Authorize a licensee in the course of providing dental services for a business entity registered pursuant to this section to disregard or interfere with a policy or practice established by the business entity for the operation and management of the business. 2. Authorize a business entity registered pursuant to this section to establish or enforce a business policy or practice that may interfere with the clinical judgment of the licensee in providing dental services for the business entity or may compromise a licensee's ability to comply with this chapter. M. The board shall adopt rules that provide a method for the board to receive the assistance and advice of business entities licensed pursuant to this chapter in all matters relating to the regulation of business entities. N. An individual currently holding a surrendered or revoked license to practice dentistry or dental hygiene in any state or jurisdiction in the United States may not have a majority ownership interest in the business entity registered pursuant to this section. Revocation and surrender of licensure shall be limited to disciplinary actions resulting in loss of license or surrender of license instead of disciplinary action. Dentists or dental hygienists affected by this subsection shall have one year after the surrender or revocation to divest themselves of their ownership interest. This subsection does not apply to publicly held companies. For the purposes of this subsection, "majority ownership interest" means an ownership interest greater than fifty percent. O. A dental insurer or a holding company of a dental insurer may not have any ownership interest in a business organization that offers to the public professional services regulated by the board. P. For the purposes of this section: 1. "Dental insurer" has the same meaning prescribed in section 20-126. 2. "Holding company" means a corporation, firm, partnership, limited partnership, limited liability company, trust or other form of business organization that is not an individual and that directly or indirectly does either of the following: (a) Holds an ownership interest of ten percent or more, as determined by the holding company's board, in a dental insurer. (b) Holds voting rights with the power to vote ten percent or more of the outstanding voting rights of a dental insurer. 32-1231. Persons not required to be licensed; school employee lists; complaints; board jurisdiction A. 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 practicing 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 in the clinical departments or laboratories 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. 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) May not provide any dental care or services in this state to a person who is either: (i) Physically unable to safely receive the dental care or services. (ii) Not mentally competent to knowingly and voluntarily consent to the dental care or services. (d) Shall file a restricted permit application on a form approved by the board with the provider of 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. B. A recognized dental school shall annually provide to the board a list of the licensed dentists, dental therapists and dental hygienists that the recognized dental school employs to practice in the recognized dental school's clinical departments or laboratories. C. If the board receives a complaint that names a recognized dental school or that arises from dental care that is provided at a recognized dental school, the board shall forward the complaint to the recognized dental school on a periodic basis as determined by the board but not more than six months after the board receives the complaint. The recognized dental school shall review the complaint pursuant to the recognized dental school's internal quality assurance process. D. The board does not have jurisdiction or authority over any person, whether or not licensed by this state, who is acting within the scope of subsection A, paragraph 3 or 8 of this section, except that a licensee is subject to board jurisdiction for a conviction as described in section 32-1263, subsection A, paragraph 2 and is required to comply with section 32-3208. 32-1232. Qualifications of applicant; application; fee; fingerprint clearance card 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. B. Each candidate shall submit a written application to the board accompanied by a nonrefundable Arizona dental jurisprudence examination fee of $300. The board shall waive this fee for candidates who are applying for a restricted permit. Each candidate shall also obtain a valid fingerprint clearance card issued pursuant to section 41-1758.03. 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. 32-1233. Applicants for licensure; examination requirements An applicant for licensure shall have passed all of the following: 1. The written national dental board examinations. 2. A clinical examination administered by a state or regional testing agency in the United States within five years preceding filing the application. 3. The Arizona dental jurisprudence examination. 32-1234. Dental consultant license A. A person may apply for a dental consultant license if the applicant demonstrates to the board's satisfaction that the applicant: 1. Has continuously held a license to practice dentistry for at least twenty-five years issued by one or more states or territories of the United States or the District of Columbia but is not currently licensed to practice dentistry in Arizona. 2. Has not 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. 3. Is not 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. 4. Has not 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. 5. Meets the applicable requirements of section 32-1232. 6. Meets the requirements of section 32-1233, paragraph 1. If an applicant has taken a state written theory examination instead of the written national dental board examinations, the applicant must provide the board with official documentation of passing the written theory examinations in the state where the applicant holds a current license. The board shall then determine the applicant's eligibility for a license pursuant to this section. 7. Meets the application requirements as prescribed in rule by the board. B. The board shall suspend an application for a dental consultant license if the applicant is currently under investigation by a dental regulatory board in another jurisdiction in the United States. The board shall not issue or deny a license to the applicant until the investigation is resolved. C. A person to whom a dental consultant license is issued shall practice dentistry only in the course of the person's employment or on behalf of an entity licensed under title 20 with the practice limited to supervising or conducting utilization review or other claims or case management activity on behalf of the entity licensed pursuant to title 20. A person who holds a dental consultant license is prohibited from providing direct patient care. D. This section does not require a person to apply for or hold a dental consultant license in order for that person to serve as a consultant to or engage in claims review activity for an entity licensed pursuant to title 20. E. Except as provided in subsection B of this section, a dental consultant licensee is subject to all of the provisions of this chapter that are applicable to licensed dentists. 32-1235. Reinstatement of license or certificate; application for previously denied license or certificate A. On written application the board may issue a new license or certificate to a dentist, dental therapist, dental hygienist or denturist whose license or certificate was previously suspended or revoked by the board or surrendered by the applicant if the applicant demonstrates to the board's satisfaction that the applicant is completely rehabilitated with respect to the conduct that was the basis for the suspension, revocation or surrender. In making its decision, the board shall determine: 1. That the applicant has not engaged in any conduct during the suspension, revocation or surrender period that would have constituted a basis for revocation pursuant to section 32-1263. 2. If a criminal conviction was a basis for the suspension, revocation or surrender, that the applicant's civil rights have been fully restored pursuant to statute or any other applicable recognized judicial or gubernatorial order. 3. That the applicant has made restitution to any aggrieved person as ordered by a court of competent jurisdiction. 4. That the applicant demonstrates any other standard of rehabilitation the board determines is appropriate. B. Except as provided in subsection C of this section, a person may not submit an application for reinstatement less than five years after the date of suspension, revocation or surrender. C. The board shall vacate its previous order to suspend or revoke a license or certificate if that suspension or revocation was based on a conviction of a felony or an offense involving moral turpitude and that conviction has been reversed on appeal. The person may submit an application for reinstatement as soon as the court enters the reversal. D. An applicant for reinstatement must comply with all initial licensing or certification requirements prescribed by this chapter. E. A person whose application for a license or certificate has been denied for failure to meet academic requirements may apply for licensure or certification not less than two years after the denial. F. A person whose application for a license has been denied pursuant to section 32-1232, subsection C may apply for licensure not less than five years after the denial. 32-1236. Dentist triennial licensure; continuing education; license reinstatement; license for each place of practice; notice of change of address or place of practice; retired and disabled license status; penalties A. Except as provided in section 32-4301, a license expires thirty days after the licensee's birth month every third year. On or before the last day of the licensee's birth month every third year, every licensed dentist shall submit to the board a complete renewal application and pay a license renewal fee of not more than $650, established by a formal vote of the board. At least once every three years, before establishing the fee, 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. The fee prescribed by this subsection does not apply to a retired dentist or to a dentist with a disability. 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 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 the last day of the licensee's birth month of the expiration year. The board shall consider the extension request based on criteria prescribed by the board by rule. If the board denies an extension request, the license expires thirty days after the licensee's birth month. C. A person applying for licensure for the first time in this state shall pay a prorated fee for the period remaining until the licensee's next birth month. This fee shall not exceed one-third of the fee established pursuant to subsection A of this section. Subsequent licensure renewal 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 $100 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. Each licensee must provide to the board in writing both of the following: 1. A primary mailing address. 2. The address for each place of practice. F. A licensee maintaining more than one place of practice shall obtain from the board a duplicate license for each office. A fee set by the board shall be charged for each duplicate license. The licensee shall notify the board in writing within ten days after opening the additional place or places of practice. The board shall impose a penalty of $50 for failure to notify the board. G. A licensee who is fully retired and a licensee who has a permanent disability 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. H. A licensee applying for retired or disabled status shall: 1. Relinquish any prescribing privileges and shall attest by affidavit that the licensee has surrendered to the United States drug enforcement administration any registration issued pursuant to the federal controlled substances act and has surrendered to the board any registration issued pursuant to section 36-2606. 2. If the licensee holds a permit to dispense drugs and devices pursuant to section 32-1298, surrender that permit to the board. 3. Attest by affidavit that the licensee is not currently engaged in the practice of dentistry. I. A licensee who changes the licensee's primary mailing address or place of practice address shall notify the board of that change in writing within ten days. The board shall impose a penalty of $50 if a licensee fails to notify the board of the change within that time. The board shall increase the penalty imposed to $100 if a licensee fails to notify it of the change within thirty days. 32-1237. Restricted permits 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 recognized continuing dental education, shall notify the board of the restricted permit applicants the provider has accepted who meet the requirements of section 32-1231, subsection A, paragraph 9. The board shall acknowledge receipt of the notification within five business days after the later of receiving either: 1. The notification. 2. A copy of the applicants' valid fingerprint clearance cards. 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 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. 32-1239. Practice under restricted permit A person to whom a restricted permit is issued may practice dentistry only in the course of 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. The person shall file a copy of the person's employment contract or confirmation of enrollment with recognized continuing dental education with the board, and the contract or confirmation shall contain the following provisions: 1. The applicant understands and acknowledges that if the applicant's employment by the charitable dental clinic or organization or enrollment in the recognized continuing dental education is terminated before the expiration of the