Arizona House of Representatives Committee on Regulatory Affairs Special Meeting Minutes and Bill Analysis for SB 1226

Summary

The report of a special meeting of the Arizona House of Representatives Committee on Regulatory Affairs, Fifty-sixth Legislature, First Regular Session, held Wednesday, March 29, 2023, with its attachments. The minutes record that the committee, chaired by Representative Hendrix, gave SB1226 a do-pass recommendation by a vote of 6-1-0-0. Attachments include the agenda, the Request to Speak report listing supporters of the bill, the attendance record and the roll call vote. The bill analysis for SB 1226 (dental board; business entities; records), sponsored by Senator Shope, summarizes the Arizona Board of Dental Examiners under A.R.S. § 32-1203 and lists provisions on custodians of records, unethical conduct, patient record keeping and release of treatment records to third parties.

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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

COMMITTEE ON REGULATORY AFFAIRS

Report of Special Meeting

Wednesday, March 29, 2023 EIVED
F 9: UTES REC
House Hearing Room 5 -- 2:00 P.M. ote CLERK'S OFFICE
Convened 3:11 P.M. -
Recessed SS “ ral O od a)
Reconyened
Adjourned 3:16 P.M.
Members Present Members Absent

Representative Bravo

Representative Contreras
Representative Gutierrez
Representative Payne

Representative Pefia

Representative McGarr, Vice-Chairman
Representative Hendrix, Chairman

Agenda
Original Agenda -- Attachment 1

Request to Speak
Report — Attachment 2

Committee Attendance
Report — Attachment 3

Comnnittee Action
Bill Action Vote Attachments
$B1226 DP 6-1-0-0 4,5

Lhe. bigllo—

Ryberg, C ittee Secretary
arch 30, 2022

(Original attachments on file in the Office of the Chief Clerk; video archives available at http://Awww.azleg.gov)

COMMITTEE ON REGULATORY AFFAIRS
March 29, 2023

corrected

REVISED - 3/29/23 REVISED - 3/29/23 REVISED - 3/29/23

ARIZONA HOUSE OF REPRESENTATIVES © “feed 27u 27?
Fifty-sixth Legislature - First Regular Session ,
(es eA 2g. pir

SPECIAL MEETING AGENDA
COMMITTEE ON REGULATORY AFFAIRS

DATE Wednesday, March 29, 2023 ROOM HHR5 TIME 2:00 P.M.

Members of the public may access a livestream of the meeting here:
hitps:/Avww.azleg.gov/videoplayer/?clientID=636 1 162879&eventID=202303 1141

Meinbers:

Representative Bravo Representative Hernandez A Representative McGarr, Vice-Chairman

Representative Contreras L Representative Payne Representative Hendrix, Chairman

Representative Gutierrez Representative Pefia

wa °
Bills Short Title Strike Everything Title
SB1226 P "> dental board; business entities; records
- (Shope)
L
LL , 2 RA, RU ES
ORDER OF BILLS TO BE SET BY THE CHAIRMAN

RA
03232023
03/29/2023

People with disabilities may request reasonable accommodations such as interpreters, alternative formats, or
assistance with physical accessibility. If you require accommodations, please contact the Chief Clerk's Office at
(602) 926-3032 or through Arizona Relay Service 7-1-1,

Page 1 of 4 Attachment /
Information Registered on the Request to Speak System

House Regulatory Affairs (3/29/2023)

$B1226, dental board: business entities: records

Support:
Kevin Earle, AZ DENTAL ASSN; Gary Jones, representing self; John MacDonald, AZ DENTAL ASSN; Pete Mellas,

representing self

All Comments:
Kevin Earle, AZ DENTAL ASSN: | am now available to speak on this Bill; Pete Mellas, Self: A practicing dentist needs

access to records in order to make informed decisions.

Attachment ea
ARIZONA STATE LEGISLATURE
Fifty-sixth Legislature - First Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON REGULATORY AFFAIRS
CHAIRMAN: Laurin Hendrix VICE-CHAIRMAN: _ Cory McGarr
DATE 03/29/23 /23 123 /23 123
CONVENED 3. pm m m m m
RECESSED
RECONVENED
ADJOURNED 2é py
MEMBERS
Bravo —
Contreras L va
Gutierrez Va
Payne
Pefia a
McGarr, Vice-Chairman “A
Hendrix, Chairman Va
v Present --- Absent exc Excused

Attachment >
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature

First Regular Session

Senate: COM DP 4-2-1-0 | 3 Read 26-3-1-0

a EES SS EE RSET EF STE ST EE TT TT ee eT

SB 1226: dental board; business entities; records
Sponsor: Senator Shope, LD 16
Committee on Regulatory Affairs

Overview

Requires the business entity member of the Arizona Board of Dental Examiners (Board) to be an
owner or employee of the entity, modifies the definition of unethical conduct, clarifies and
enumerates the requirements for a dental practice owner or registered business entity to follow
when creating, maintaining, storing and accessing patient records.

History

The Board was established in 1913 to regulate and license dental professionals, including
dentists, dental hygienists, dental consultants, dental therapists, denturists, and dental assistants.
Its mission is to provide professional, courteous service and information to the dental profession
and the public through examination, licensure, complaint adjudication and enforcement processes
to protect the oral health, safety and welfare of Arizona citizens. The Board reviews complaints,
investigates allegations and takes disciplinary action for violations of law (A.R.S. §§ 32-1203, 32-
1207, 32-1233, 32-1234, 32-1261, 32-1276.01, 32-1284 and 32-1295).

The Board consists of 11 members appointed by the Governor to serve four-year terms: 1) six
licensed dentists; 2) two licensed dental hygienists; 3) two public members; and 4) one business

entity member (A.R.S. § 32-1203).

Currently, statute prohibits a business entity from offering dental services unless the entity is
registered with the board and the services are conducted by a licensee. The business entity is
required to file a registration application that includes: 1) a description of the entity's services
offered to the public; 2) the name of any dentist who is authorized and responsible for providing
the dental services offered at each office; 3) the names and addresses of the officers and directors
of the business entity; and 4) a registration fee prescribed by the Board (A.R.S. § 32-1213).

Provisions
1. States that the business entity board member must be either an employee or owner of a
registered business entity. (Sec. 1)

2, Requires the registration application to include the name of the business entity's custodian of
records. (Sec, 2)

3. Stipulates that the business entity must provide written notification to the board of the name
of the business entity's custodian of records who will accept subpoenas and respond to
records requests by patients. (Sec. 2)

4. Modifies the definition of unethical conduct to include failure to:
a) notify the board of a change in the custodian of records.
b) maintain patient records;

CJ Prop 105 (45 votes) Ci Prop 108 (40 votes) 0 Emergency (40 votes) Fiscal Note

SB 1226
Initials DC Page 1 Reaulatorv Affairs

Attachment”

oc oN >

10.

11.

12,

13.

c) comply with a board subpoena in a complete manner, in addition to being timely in the
response; and

d) failure to provide medical or payment records to a third party, including current or former
associates, employees or dentists in the practice. (Sec. 3)

Requires written or electronic records to be maintained by the dental practice owner or a
registered business owner. (Sec. 4)

Stipulates electronic records must be retrievable in paper form. (Sec. 4)
Requires charting to include all existing restorations. (Sec. 4)
States that patient records must include documentation of informed consent. (Sec. 4)

Adds the registered business entity to the list of individuals that must permit board personne!
to access the licensee's or certificate holder's place of practice to inspect records, books and
documents for the board's investigation process. (Sec. 4)

Specifies that a licensed or certified person who is an associate or employee of a dental
practice is not responsible for storing or retaining medical records but must compile and record
the records as customary practice. (Sec. 4)

Prescribes that a licensee or business entity must release treatment records to third parties,
including current or former associates, employees and dentists. (Sec, 4)

Mandates that when a dentist or registered business entity closes or sells a practice, they
must take reasonable care to retain patient records, (Sec. 4)

Makes technical and conforming changes. (Sec. 1, 2, 3, 4)

SB 1226

Initials DC Page 2 Regulatory Affairs

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

ROLL CALL VOTE
COMMITTEE ON Regulatory Affairs BILLNO. __ $B 1226
DATE March 29, 2023 motion: Df?

PASS AYE NAY PRESENT | ABSENT

Bravo

Contreras L

Gutierrez

Payne

Pena

McGarr, Vice-Chairman a

Hendrix, Chairman

NWN ARKAAK

/ << <<

‘ fp
APPROVED: y, ho EE SECRETARY

-“-~ LAURIN-AENDRIX, Chairman
CORY MCGARR, Vice-Chairman

ATTACHMENT. ST

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