Arizona House of Representatives Committee on Regulatory Affairs Meeting Minutes for January 24, 2024

Summary

Minutes of the regular meeting of the Arizona House of Representatives Committee on Regulatory Affairs, Fifty-sixth Legislature, Second Regular Session, held Wednesday, January 24, 2024, with Representative Hendrix as Chairman. The committee action table records HB2249 as do pass amended, HB2079, HB2639, HB2069, HB2071 and HB2072 as do pass, and HB2306 as do pass amended with a strike-everything amendment, each by a 6-0-0-0 vote. Attachments include the agenda, a Request to Speak report, an attendance record, and bill summaries for HB 2249 (residential care institutions; inspections), HB 2079 (food handler certificate; volunteers; limits) and HB 2639 (dental assistants; education). The document closes with the House amendments to H.B. 2306 on the unauthorized practice of dentistry and the roll call vote on HB 2306.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

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

COMMITTEE ON REGULATORY AFFAIRS

Report of Regular Meeting
Wednesday, January 24, 2024
House Hearing Room 5 (11 -- 64) -- 2:00 P.M. OR UPON RECESS OR ADJOURNMENT OF

Convened 2:19 P.M.
Recessed
Reconvened
Adjourned 3:17 P.M.

Members Present

Representative Crews

Representative Hernandez
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

Committee Action
Bill Action
HB2249 DPA
HB2079 DP
HB2639 DP
HB2069 DP
HB2071 DP
HB2072 DP
HB2306 DPA/SE

FLOOR
MINUTES RECEIVED
CHIEF CLERK'S OFFICE
(195/24
Members Absent

Vote

6-0-0-0
6-0-0-0
6-0-0-0
6-0-0-0
6-0-0-0
6-0-0-0
6-0-0-0

ra
JulieRyberg, Co
January 25, 2024

Attachments
4, 5,6

7,8

9,10

11,12, 13
14, 15

16, 17

18, 19, 20

yg —

hittee Secretary

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

COMMITTEE ON REGULATORY AFFAIRS

January 24, 2024
REVISED #3 - 1/22/24 REVISED #3 - 1/22/24 REVISED #3 - 1/22/24

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature - Second Regular Session Ageurn ) Z : /. iy | fur.

REGULAR MEETING AGENDA

COMMITTEE ON REGULATORY AFFAIRS

DATE Wednesday, January 24, 2024 ROOM HHR5 TIME 2:00 P.M. or upon recess or
adjournment of Floor

Members of the public may access a livestream of the meeting here:
https://www.azleg.gov/videoplayer/?clientID=6361 162879 &eventID=202401 1104

Members:
Representative Crews Representative Payne Representative McGarr, Vice-Chairman

Representative Hernandez A Representative Pefia Representative Hendrix, Chairman

Bills Short Title Strike Everything Title

y HB2069 dental board; formal hearings
(Bliss)
" . RA,R
S ~ HB2071 dentists; registration; civil penalty; repeal
1/4 (Bliss)
RA, RULES

CLAQLO.
~  HB2072 dental board; licensure; testing
, Df (Bliss)

Ly . 2 RA, RULES
or HB2079 . 4 food handler certificate; volunteers; limits
(Hendrix: Parker B)

Z.0-6- oO RA RULES

=HB2H9 homeowner's-asseciations: fees: related- parties  SHE:+eal-preperty
RA—held—0-0-6-0-0 RULES

Attachment fe

Page 1 of 2
Bills Short Title Strike Everything Title

} *HB2249 WZ , residential care institutions; inspections

(Carter)

L0- A RA held 0-0-0-0-0, RULES

7 HB2306 ;_ dental board; business entities; enforcement S/E: dental board; unauthorized practice
Vb SLE a (Willoughby: Diaz, Gress)

RA, RULES

C000

) **HB2639 dental assistants; education
5 es
. _Df (Hendrix)

C10-0-0

* On previous agenda
¥* If printed, first read and assigned

ORDER OF BILLS TO BE SET BY THE CHAIRMAN

ve
01/18/2024
01/22/2024

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 2 of 2
Information Registered on the Request to Speak System

House Regulatory Affairs (1/24/2024)

HB2069, dental board: formal hearings

Testified in support:
Ryan Edmonson, AZ STATE BOARD OF DENTAL EXAMINERS

Support:
Jason Barraza, Associate Director, Arizona Dental Association; Ryan Sullivan, Arizona Dental! Association; Regina
Cobb, representing self

All Comments:
Regina Cobb, Seif: Az Dental Association

HB2071, dentists; registration: civil penalty; repeal

Testified in support:
Ryan Edmonson, AZ STATE BOARD OF DENTAL EXAMINERS

Support:
Jason Barraza, Associate Director, Arizona Dental Association; Ryan Sullivan, Arizona Dental Association; Regina
Cobb, representing self

Oppose:

Craig McDermott, representing self

All Comments:
Regina Cobb, Self: Az Dental Associaton; Craig McDermott, Self: Why?

HB2072, dental board: licensure; testing

Support:
Jason Barraza, Associate Director, Arizona Dental Association; Ryan Sullivan, Arizona Dental Association; Ryan
Edmonson, AZ STATE BOARD OF DENTAL EXAMINERS; Regina Cobb, representing self

All Comments:
Regina Cobb, Self: Az Dental Associaton

Attachment oh
HB2079, food handler certificate; volunteers; limits

Support:

CD Tavares, representing self; Brandon LaBorde, representing self; Sheri Lopez, representing self; Jeanne Tavares,
representing self; Michael Meacham, representing self; Marilyn Rodriguez, Rural Arizona Action (RAZA); Robert
Puckett, representing self; Allen Skillicorn - Personal Position , representing self; Joseph Myers, representing self;
Richard Kissling, representing self; Cherie Anello, representing self; Peter Anello, representing self; Cynthia
Newswander, representing self; Gwen Carey, representing self; Jeff Catdwell, representing self; Michelle Verna,
representing self; Mathia Hassett, representing self; Gretchen Petersen, representing self; John Hassett,
representing self; Mary Jamsa, representing self; Michael Mote, representing self; Kathryn Atwood, representing
self; Joseph Vaillancourt, representing self; Gary Zimmerman, representing self; Anne Rankin, representing self;
Robin Davis, representing self; Rick Wynant, representing self; Valerie Williamson, representing self; Madison Rock,
RURAL ARIZONA ACTION

All Comments:

CD Tavares, Self: Provided amended to remove cap of 3x/year.; Brandon LaBorde, Self: I'm for this if amended to
lift the cap of 3x a year.; Sheri Lopez, Self: please amend and remove the 3 year cap; Jeanne Tavares, Self: Remove
3 times per year restriction; Michael Meacham, Self: Amend to remove restriction of 3 times per year.; Joseph
Myers, Self: | support the practice that those with a food handler's license can oversee those without a license in
serving designated food products. Amend to remove restriction of 3x per year.; Gwen Carey, Self: Please remove
the language about "3x a year".; Jeff Caldwell, Self: Please amend to remove the restriction of 3 times a year. This
cap needs to be lifted.; Mathia Hassett, Self: Please remove the restriction of 3 times a year. The cap needs to be
lifted.; Gretchen Petersen, Self: For but with a request for AMENDING to remove the restriction of 3 times a year;
John Hassett, Self: please remove the 3 times a year restriction; Mary Jarnsa, Self: | approve this bill only with the
amendment that removes the restriction of 3 times a year.; Michael Mote, Self: 1 am in favor of this bill if amended
to remove the restriction of 3 times a year. This cap needs to be lifted.; Kathryn Atwood, Self: Good bill but the cap
needs to be lifted! Please amend!; Gary Zimmerman, Self: Facilitates volunteering to feed the hungry/homeless,
while affording ample oversight protection by licensed food handlers. Please amend to remove 3-times/year cap.;
Anne Rankin, Self: Please add an amendment to remove the restriction of 3 times a year. This cap needs to be
lifted.; Rick Wynant, Self: | am for this bill with an added amendment to lift the 3 year restriction.

HB2249, residential care institutions; inspections

Testified in support:
will humble, AZ PUBLIC HEALTH ASSOCIATION; Mike Goodman , representing self

Support:
Don Isaacson, LEADINGAGE ARIZONA; Marie isaacson, ARIZONA LEADINGAGE

All Comments:

will humble, AZ PUBLIC HEALTH ASSOCIATION: Behavioral Health Residential Facilities are unique environments
that pose special risks due to resident/patient behaviors. While deemed status licensure can be OK in some
categories (hospitals etc.), BH group homes need more direct accountability.
HB2306, dental board: business entities; enforcement

Testified in support:
Regina Cobb, representing self

Testified as neutral:
Ryan Edmonson, AZ STATE BOARD OF DENTAL EXAMINERS

Support:

Jason Barraza, Associate Director, Arizona Dental Association; Ryan Sullivan, Arizona Dental Association

Neutral:
Jessie Armendt, ARIZONA DENTAL HYGIENISTS’ ASSOCIATION, Association Of Dental Support Organizations

All Comments:
Regina Cobb, Self: Az Dental Associaton

HB2639, dental assistants: education

Testified in support:
Regina Cobb, representing self

Testified as neutral:
Ryan Edmonson, AZ STATE BOARD OF DENTAL EXAMINERS

Testified as opposed:
Carrie Gauntt, representing self

Support:

Jason Barraza, Associate Director, Arizona Dental Association; Ryan Sullivan, Arizona Dental Association

Neutral:
Jessie Armendt, ARIZONA DENTAL HYGIENISTS' ASSOCIATION

Ail Comments:

Regina Cobb, Self: Az Dental Associaton; Carrie Gauntt, Self: HB2639 puts the public at risk. We must ensure those
exposing radiation understand safety measures to keep their patients, coworkers, and themselves safe. We need a
measurable way to show proficiency; state testing does this for public safety.
ARIZONA STATE LEGISLATURE

Fifty-sixth Legislature - Second Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON REGULATORY AFFAIRS
CHAIRMAN: Laurin Hendrix VICE-CHAIRMAN: _ Cory McGarr
DATE 01/24/24 124 [24 124 124
CONVENED Lig pm m m m m
RECESSED
RECONVENED
ADJOURNED 2.17pm
MEMBERS
Crews ~
Hernandez A 4
Payne Wa
Pefia VA
McGarr, Vice-Chairman i
Hendrix, Chairman 7
V Present --- Absent exc Excused

Attachment ae
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2249: residential care institutions; inspections
Sponsor: Representative Carter, LD 15
Committee on Regulatory Affairs

Overview
Adds _ a residential care institution to the list of entities from which the Director of the
Department of Health Services (ADHS) cannot accept an accreditation report instead of a

compliance inspection.

History
Current law defines Residential Care Institution as a health care institution that provides

resident beds and supervisory or personal care services, behavioral health, directed care or
health-related services for persons not needing continuous nursing services. Residential Care
Institution does not include a hospital or a nursing care institution (A.R.S. § 86-424).

The Director of ADHS must inspect the premises of each health care institution and
investigate the applicant's character and qualifications to ensure compliance with statutes
and administrative rules. The Director may in certain circumstances accept an accreditation
report in lieu of a compliance inspection upon receiving a report for the licensure period and
the health care institution accreditation by an independent, nonprofit organization approved
by the secretary of the U.S. Department of Health and Human Services (A.R.S. § 36-424).

Statute prohibits the Director from accepting an accreditation report instead of a compliance
inspection from an intermediate care facility for people with intellectual disabilities; or a
health care institution that was under enforcement action in the preceding year (A.RB.S. § 36-

424).

Provisions
1. Stipulates that the Director of ADHS cannot accept an accreditation report instead of a
compliance inspection for a residential care institution, (Sec. 1)

2. Clarifies institution as a health care institution. (Sec. b

(] Prop 105 (45 votes) C} Prop 108 (40 votes) [Emergency (40 votes) (1 Fiscal Note

DC HB 2249
Initials Page 1 Regulatory Affairs

Attachment iY
Fifty-sixth Legislature Regulatory Affairs
Second Regular Session H.B. 2249

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2249
(Reference to printed bill)

1 Page 1, line 37, after "INSTITUTION" insert "THAT PROVIDES BEHAVIORAL HEALTH
2 SERVICES"

3 Amend title to conform

LAURIN HENDRIX

Ot/237 2024
TOr4O-att
ert

2249HENDRIX. docx
01/23/2024

11:31 AM

H: DC/1s

attachment 2
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. HB 2249

DATE January 24, 2024 MOTION: WHA
PASS AYE NAY PRESENT | ABSENT

Crews Y

Hernandez A “7

Payne “

Perla vad

McGarr, Vice-Chairman ~

Hendrix, Chairman L

2 | |e BD
/ aa

APPROVED: OMMITTER’SECRETARY

_~ «CAURIN HENDRIX, Chairman
CORY MCGARR, Vice-Chairman

ATTACHMENT. A

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2079: food handler certificate; volunteers; limits
Sponsor: Representative Hendrix, LD 14
Committee on Regulatory Affairs

Overview
Modifies the requirements for volunteers that are not required to obtain a food handler

certificate for serving packaged or heated food.

History
Counties can require a food handler certificate and training for employment in the food

service industry. Required food handler certificate training must meet American society for
testing and materials (ASTM) standard E2659-09 and address the following topics:

1) cooking time and temperature and its relationship to foodborne illness;

2) personal hygiene standards to improve food safety practices and prevent the spread
of foodborne ilnesses;

3) how to prevent food contamination in all food handling stages including delivery;

4) proper procedure for cleaning and sanitizing equipment and utensils; and

5) problems associated with temperature control and potential solutions, how to prevent
cross contamination and proper housekeeping and maintenance (A.R.S. § 11-269.12).

Current statute prevents a county from requiring a volunteer in a school that handles or
serves food to students outside the school's regular food service to obtain a food handler
certificate or identification card or participate in a food handler certificate course if: 1) the
volunteer is overseen by a certified food protection manager; or 2) overseen by a person in
charge as defined by Arizona Administrative Code (A.R.S. § 11-269.28).

Provisions
1. Specifies that a volunteer who serves packaged or heated food fewer than three times in

a calendar year cannot be required by a county to obtain a food handler certificate or
identification card or participate in a food handler certificate training course if the
volunteer is overseen by a certified food protection manager or person in charge. (Sec. 1)

2. Exempts from the requirement to obtain a food handler certificates, volunteers for any
activity or function. (Sec. 1)

3. Defines person in charge as the individual present and responsible for the management
and operation of the food establishment at the time of inspection. (Sec. 1)

4, Makes a technical change. (Sec. 1)

0 Prop 105 (45 votes) [ Prop 108 (40 votes) © Emergency (40 votes) (O Fiscal Note

HB 2079
Initials Page 1 Regulatory Affairs

Attachment 7

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature -

Second Regular Session

ROLL CALL VOTE
COMMITTEE ON Regulatory Affairs BILL NO. HB 2079
DATE January 24, 2024 MOTION: Ly
PASS AYE NAY PRESENT | ABSENT
Crews
Hernandez A Va
Payne Y
Pena Ve
McGarr, Vice-Chairman ~~
Hendrix, Chairman vy
BG lo |\@ 2

APPROVED:

ete STRGRIN TENDER Chairman
CORY MCGARR, Vice-Chairman

-

MMITTEZ SECRETARY

ATTACHMENT oS

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 26389: dental assistants; education
Sponsor: Representative Hendrix, LD 14
Committee on Regulatory Affairs

Overview

Provides the option for a dental assistant to pass a course on either exposing radiographs or
coronal polishing that qualifies as recognized continuing education as determined by the
Arizona State Board of Dental Examiners (Board) in order to perform certain duties relating
to the exposure of radiographs and polishing of the teeth.

History
The Board regulates and licenses dental professionals, including dentists, dental hygienists,

dental consultants, dental therapists, denturists and dental assistants. Additionally, the
Board reviews complaints against licensees and business entities, conducts investigations
and is authorized to take disciplinary action for violations of state laws relating to these
professions (A.R.S. §§ 32-1201 through 32-1299.26).

A dental assistant is any person who acts as an assistant to a dentist, dental therapist or
dental hygienist by rendering personal services to a patient in close proximity to the patient
while the patient is under treatment, observation or undergoing diagnostic procedures.
Dental assistants are allowed to expose radiographs for dental diagnostic purposes and polish
the natural and restored surfaces of teeth under either the general supervision of a dentist
or the direct supervision of an affiliated practice dental hygienist if the dental assistant has
passed an examination approved by the Board (A.R.S. §§ 32-1201, 32-1291).

Provisions

1. Allows the option for a dental assistant to pass a course on either exposing radiographs
or coronal polishing that qualifies as recognized continuing education as determined by
the Board in order to perform duties relating to the exposure of radiographs and polishing
of teeth. (Sec. 1)

2. Makes technical changes, (Sec. 1)

HB 2639
Initials AGG Page 1 Regulatory Affairs

Attachment g
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. —_ HB 2639

DATE January 24, 2024 MOTION: DI

PASS AYE NAY PRESENT | ABSENT
Crews wa
Hernandez A Wl
Payne VA
Pefia V4
McGarr, Vice-Chairman A
Hendrix, Chairman Waa

PIO |e \€

é
lh
APPROVED: _ COMMITTE CRETARY

3

 LAURINHENDRIX, Chairman
CORY MCGARR, Vice-Chairman

ATTACHMENT. /
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2069: dental board; formal hearings
Sponsor: Representative Bliss, LD 1
Committee on Regulatory Affairs

Overview

Allows the Arizona State Board of Dental Examiners (Board) to issue a formal complaint and
order a formal hearing if the Board's investigation or review finds evidence that demonstrates
any causes or grounds for disciplinary action that is sufficient to merit revocation or

suspension.

History
The Board regulates and licenses dental professionals, including dentists, dental hygienists,

dental consultants, dental therapists and denturists. Additionally, the Board reviews
complaints against licensees and business entities, conducts investigations and is authorized
to take disciplinary action for violations of state laws relating to the profession (A.R.S. §§ 32-

1201 through 32-1299,26),

Currently, the Board or its investigation committee can investigate any evidence that
appears to demonstrate any of the causes or grounds for disciplinary action against any
person who is licensed by the Board. The Board or its investigation committee must conduct
necessary investigations, including interviews between the investigation committee or Board
representatives and the licensee with respect to any information obtained by the Board or
investigation committee during the course of an investigation.

If, after completing its investigation or review, the Board finds that the information provided
is sufficient to merit disciplinary action against a licensee, the Board may request that the
licensee participate in a formal interview before the Board. 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 must issue a formal complaint and order that a hearing
be held. If the Board finds that the protection of the public requires emergency action after
completion of the formal interview, the Board may order a summary suspension of the license
pending formal revocation proceedings or other actions (A.R.S. § 32-1263.02).

Provisions

1. Specifies that after the Board completes its investigation or review and finds that the
information provided is sufficient to merit revocation or suspension, the Board may issue
a formal complaint and order that a formal hearing be held. (Sec. 1)

2. Allows the Board to take certain actions if after completing a formal hearing the Board
finds that the information provided during the investigation or review is insufficient to
merit suspension or revocation of a license. (Sec. 1)

3. Makes technical and conforming changes. (Sec. 1)

0D Prop 105 (45 votes) OF Prop 108 (40 votes) 0 Emergency (40 votes) O Fiscal Note

HB 2069
Initials AG Page 1 Regulatory Affairs

Attachment / /
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE
COMMITTEE ON Regulatory Affairs BILL NO. HB 2069
DATE January 24, 2024 MOTION: Py
PASS AYE NAY PRESENT | ABSENT
Crews L-
Hernandez A 7?
Payne v
Pefia ae
McGarr, Vice-Chairman WA
Hendrix, Chairman va
Ze | 2P wt ?
7 fr
APPROVED: MMITTERBAECRETARY
Hise FERRI Chairman
RY GARR, Vice-Chairman
ATTACHMENT___/e&

ARIZONA

State Board of Dental Examiners
2024 PROPOSED LEGILSATION

Attachment Lj

HB2069
DENTAL BOARD;
FORMAL HEARINGS

Provision to allow the
Board to move
a matter directly toa
formal hearing for
revocation or suspension
without the need to first
conduct a formal
interview. This would
prevent unnecessary
delays for cases that
warrant such measures.
(The Dental Board is the
only board that currently
has this additional step).

HB2070
DENTAL BOARD; RULES;
ASSISTANCE; REPEAL

Pursuant to the Auditor
General’s Report, 3
statutory references,
require the Board to
promulgate rules
regarding the
development of multiple
committees. The make up
of the Board allows for
each profession to be
represented and one of
the statutory references
is now over 45 years old.

Clean up language
regarding dispensing
drugs & devices for profit
and eliminate the
registration process.
The registration with the
Board is unecessary and
burdensome because
licensed dentists already
receive a Certificate of
Registration from the
DEA to dispense drugs
and devices directly from
their practices.

HB2072
DENTAL BOARD;
LICENSURE; TESTING

Change the expired
status timeframe from
24 months to 12 months.
An individual who fails
to timely renew would
remain expired for up to
12 months before
reapplying for a new
license. Also, remove
references to the
Western Regional
Examining Board
(WREB); it merged with
another organization.

THE BOARD'S MISSION IS FIRST AND FOREMOST TO PROTECT
THE ORAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.

Please contact me with any questions:€& ryan.edmonson@dentalboard.az.gov ® 602.540.0341

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2071: dentists; registration; civil penalty; repeal
Sponsor: Representative Bliss, LD 1
Committee on Regulatory Affairs

Overview
Repeals the penalty for a dentist who dispenses drugs for profit without being registered to

do so by the Arizona State Board of Dental Examiners (Board).

History
Dentists are authorized to dispense prescription drugs, except schedule I-controlled

substances that are opioids, and devices if: 1) all dispensed drugs are packaged and labeled
with specified information; 2) documented with the name, strength, date and therapeutic
reason for the dispensed drug into the patient's dental records; and 3) kept in a secured
cabinet or room with controlled access by written procedures and maintained an ongoing
inventory of its contents.

As prescribed by the Board in rule, a dentist who is currently licensed to practice dentistry
in Arizona may dispense controlled substances, prescription-only drugs, and prescription-
only devices for profit only after providing the Board the following information: 1) their name
and dental license number; 2) a list of the types of drugs and devices to be dispensed for profit,
including controlled substances; 3) locations where the dentist desires to dispense the drugs
and devices for profit; and 4) a copy of their current Drug Enforcement Administration
Certificate of Registration for each dispensing location from which the dentist desires to
dispense the drugs and devices for profit (R4-11-1406).

A dentist can dispense for profit only to their own patients and for conditions being treated
by that dentist. Except in emergency situations, a dentist who dispenses drugs for profit
without being registered by the Board is subject to a civil penalty of not less than $300 and
not more than $1,000 for each transaction and prohibited from dispensing for a period of time
as prescribed by the Board (A.RB.S. § 32-1298).

Provisions
1. Removes the penalty that a dentist, except in emergency situations, who dispenses drugs
for profit without being registered by the Board is:
a) subject to a civil penalty of not less than $300 and not more than $1,000 per
transaction; and
b) prohibited from dispensing for a period of time as prescribed by the Board. (Sec. 1)

2. Makes technical and conforming changes. (Sec. 1)

© Prop 105 (45 votes) [] Prop 108 (40 votes) 0 Emergency (40 votes) O Fiscal Note

HB 2071
Initials AG Page i Regulatory Affairs

Attachment 14
oo

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

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. HB 2071

DATE January 24, 2024 MOTION: V ;

PASS AYE NAY PRESENT | ABSENT

Crews

Hernandez A

Payne

Pena

McGarr, Vice-Chairman

Hendrix, Chairman

AAR SAAS

APPROVED:

_ ACNORIN HENDRIX, CRairman

CORY MCGARR, Vice-Chairman

ATTACHMENT. JS
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2072: dental board; licensure; testing
Sponsor: Representative Bliss, LD 1
Committee on Regulatory Affairs

Overview
Reduces the amount of time a dentist, dental hygienists, dental therapist and denturist

(dental professionals) has to submit a completed renewal application to reinstate their
expired license or certificate from 2 years to 1 year. Allows a dental hygienist to administer
local anesthetics under the direct supervision of a dentist if the hygienist completes an
examination in local anesthetics given by any state or regional testing agency in the United
States (U.S.), rather than by the Western Regional Examining Board (WREB).

History
Licenses or certificates for dental professionals expire 30 days after their birth month every

3 years. By that deadline every dental professional must submit to the Arizona Board of
Dental Examiners (Board) a complete renewal application and pay a licensee renewal fee of
not more than $650 or $300 for a certificate, established by a formal vote of the Board. The
prescribed fees do not apply to a dental professional who is retired or have a disability.

An expired dental professional license or certificate may be reinstated by submitted a
complete renewal application within the 24-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
or certification only for the remainder of the applicable three-year period. If a person does
not reinstate their license or certificate, they must reapply for licensure or certification
(A.RB.S. §§ 32-1236, 32-1276.02, 32-1287 and 32-1297.06).

WREB is an examination agency for dentists and denturists. On August 1, 2022, WREB
merged with two other examination agencies, now known as CDCA-WREB-CITA, in order to
simplify the licensure process for schools, candidates and dental boards offering the
universally accepted ADEX licensure standard through North America (CDCA-WREB-

CITA).

Provisions
1. Changes the amount of time dental professionals have to submit a completed renewal
application to reinstate their expired license or certificate from 24-months to 12-months

immediately following the expiration of the license. (Sec. 1, 2, 4, 5)

2. Permits dental hygienists to administer local anesthetics under the direct supervision of
a dentist if the hygienist completes an examination in local anesthesia given by any state
or regional testing agency in the U.S., rather than by WREB. (Sec. 3)

3. Makes technical changes. (Sec. 3)
DO Prop 105 (45 votes) O Prop 108 (40 votes) 0 Emergency (40 votes) OI Fiscal Note

HB 2072
Initials AG Page 1 Regulatory Affairs

Attachment lé
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILLNO. HB 2072

DATE January 24, 2024 MOTION: DP

PASS AYE NAY PRESENT | ABSENT

Crews 7
Hernandez A

Payne v
Pefia

McGarr, Vice-Chairman

Hendrix, Chairman

SINK AAR A

APPROVED:

CORY MCGARR, Vice-Chairman

ATTACHMENT. 77
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2306: dental board; business entities; enforcement
S/E: dental board; unauthorized practice
Sponsor: Representative Willoughby, LD 13
Committee on Regulatory Affairs

Summary of the Strike-Everything Amendment to HB2306

Overview
Lists actions that the Arizona State Board of Dental Examiners (Board) may take if a person
is engaged in the unauthorized practice of dentistry.

History
The Board regulates and licenses dental professionals, including dentists, dental hygienists,

dental consultants, dental therapists, denturists and dental assistants. Additionally, the
Board reviews complaints against licensees and business entities, conducts investigations
and is authorized to take disciplinary action for violations of state laws relating to these
professions (A.R.S. §§ 32-1201 through 32-1299.26).

A person in violation of the dental board statutes and rules is guilty of a class 2 misdemeanor
unless another classification is specifically prescribed. Violations must be prosecuted by the
county attorney and tried before the superior court in the county in which the violation
occurs. In addition to the prescribed penalties, the courts of the state are vested with
jurisdiction to prevent and restrain violations as nuisances per se, and the county attorney's
must and the Board may, institute proceedings in equity to prevent and restrain violations.
A person damaged, or threatened with loss or injury, by reason of a violation is entitled to
obtain injunctive relief in any court of competent jurisdiction against any damage or
threatened loss or injury by reason of a violation (A.R.S. § 32-1269).

A person is guilty of a class 2 misdemeanor who: 1) is not licensed as a dentist, practices
denture technology without certification; 2) exhibits or displays a certificate, diploma, degree
or identification of another or a forged or fraudulent credentials with the intent that it be
used as evidence of the right of such person to practice as a denturist; 3) fails to obey a
summons or other order regularly and properly issued by the Board; and 4) is a licensed
dentist responsible for denturists who fails to personally supervise the work of the denturist.

An injunction must be issued to enjoin the practice of denture technology by any of the
following: 1) one neither certified to practice as a denturist nor licensed to practice as a
dentist; 2) one certified as a denturist from practicing without proper supervision by a
dentist; and 3) a denturist whose continued practice will or might cause irreparable damage
to the public health and safety prior to the time proceedings could be instituted and completed
(A.R.S. §§ 32-1297.08, 32-1297.09).

HB 2306
Initials AG/KT Page 1 Regulatory Affairs

Attachment 1S
Provisions

1. Specifies, in addition to all other remedies available by law, if it appears to the Board or
its designated authority, either on receipt of a complaint or otherwise, that a person is
engaged in the unauthorized practice of dentistry, the Board may either:

a) issue a cease-and-desist order to the person, by certified mail or personal service,
stating the reasons for the issuance and require the person to immediately cease and
desist from further engaging in the unauthorized practice of dentistry; or

b) apply to the appropriate court for an order enjoining the unauthorized practice of
dentistry and, on proper shoring by the Board that the person has engaged in the
unauthorized practice of dentistry, the court must grant an injunction, restraining
order or there order as may be appropriate without bond. (Sec. 1)

2. Allows a person who received a cease-and-desist order issued by the Board to request a
hearing within 30 days after the date of the order. (Sec. 1)

3. Directs the Board to file an action to restrain and enjoin the person from engaging in the
unauthorized practice of dentistry if a person fails to comply with an order issued by the
Board. (Sec. 1)

4. Requires the court in the action to proceed as in other actions for injunction and impose
a civil penalty of at least $500 and not more than $2,000 per violation if the court finds
that the person failed to comply with the cease-and-desist order. (Sec. 1)

Defines the term unauthorized practice of dentistry. (Sec. 1)

6. Repeals statutes relating to certain violations for denturists. (Sec. 1)

HB 2306
Initials AG/KT Page 2 Regulatory Affairs
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Fifty-sixth Legislature Regulatory Affairs
Second Regular Session H.B. 2306

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2306
(Reference to printed bill)

Strike everything after the enacting clause and insert:

"Section 1. Title 32, chapter 11, article 1, Arizona Revised
Statutes, is amended by adding section 32-1207.01, to read:

32-1207.01. Cease and desist orders; injunctive relief; civil

penalty; definition

A. IN ADDITION TO ALL OTHER REMEDIES AVAILABLE BY LAW, IF IT APPEARS
TO THE BOARD OR ITS DESIGNATED AUTHORITY, EITHER ON THE RECEIPT OF A
COMPLAINT OR OTHERWISE, THAT A PERSON IS ENGAGED IN THE UNAUTHORIZED
PRACTICE OF DENTISTRY, THE BOARD MAY EITHER:

1. ISSUE A CEASE AND DESIST ORDER TO THE PERSON, BY CERTIFIED MAIL
OR PERSONAL SERVICE, STATING THE REASONS FOR THE ISSUANCE AND REQUIRE THE
PERSON TO IMMEDIATELY CEASE AND DESIST FROM FURTHER ENGAGING IN THE
UNAUTHORIZED PRACTICE OF DENTISTRY.

2. APPLY TO THE APPROPRIATE COURT FOR AN ORDER ENJOINING THE
UNAUTHORIZED PRACTICE OF DENTISTRY AND, ON PROPER SHOWING BY THE BOARD THAT
THE PERSON HAS ENGAGED IN THE UNAUTHORIZED PRACTICE OF DENTISTRY, THE COURT
SHALL GRANT AN INJUNCTION, RESTRAINING ORDER OR OTHER ORDER AS MAY BE
APPROPRIATE WITHOUT BOND.

B. A PERSON WHO RECEIVES A CEASE AND DESIST ORDER ISSUED BY THE
BOARD UNDER THIS SECTION MAY REQUEST A HEARING PURSUANT TO TITLE 41,
CHAPTER 6, ARTICLE 10 WITHIN THIRTY DAYS AFTER THE DATE OF THE ORDER.

C. IF A PERSON FAILS TO COMPLY WITH AN ORDER ISSUED BY THE BOARD
PURSUANT TO SUBSECTION A, PARAGRAPH 1 OF THIS SECTION, THE BOARD SHALL FILE

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House Amendments to H.B. 2306

Amend

AN ACTION PURSUANT TO SUBSECTION A, PARAGRAPH 2 OF THIS SECTION TO RESTRAIN
AND ENJQIN THE PERSON FROM ENGAGING IN THE UNAUTHORIZED PRACTICE OF
DENTISTRY. THE COURT IN THE ACTION SHALL PROCEED AS IN OTHER ACTIONS FOR
INJUNCTION. IF THE COURT FINDS THAT THE PERSON FAILED TO COMPLY WITH THE
CEASE AND DESIST ORDER, THE COURT SHALL IMPOSE A CIVIL PENALTY OF AT LEAST
$500 AND NOT MORE THAN $2,000 PER VIOLATION.

D. FOR PURPOSES OF THIS SECTION, "UNAUTHORIZED PRACTICE OF
DENTISTRY" MEANS TO ENGAGE IN ANY PROCEDURE THAT WOULD OTHERWISE BE
PERFORMED BY A LICENSED DENTIST, DENTAL THERAPIST OR DENTAL HYGIENIST OR A
CERTIFIED DENTURIST WITHOUT HAVING THE LICENSURE OR CERTIFICATION REQUIRED
UNDER THIS CHAPTER.

Sec. 2. Repeal

Sections 32-1297.08 and 32-1297.09, Arizona Revised Statutes, are
repealed."

title to conform

LAURIN HENDRIX

2306HENDRIX. docx
01/19/2024
5:45 PM

C: MH
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE
COMMITTEE ON Regulatory Affairs BILL NO. HB 2306
DATE January 24, 2024 MOTION: PPA od Le
PASS AYE NAY PRESENT | ABSENT

Crews ~

Hernandez A VA

Payne Ve

Pefia VA

McGarr, Vice-Chairman Va

Hendrix, Chairman Y

b |6 |o O

APPROVED: CAMMITTEE SRCRETARY

| ie .

_> ERGURIN HENDRIX, CHairman
CORY MCGARR, Vice-Chairman

ATTACHMENT. 22 O

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