Arizona Laws 32-1263.01. Types of disciplinary action; letter of concern; judicial review; notice; removal of notice; violation; classification
A. The board may take any one or a combination of the following disciplinary actions against any person licensed under this chapter:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 3 misdemeanor | up to 30 days | up to $500 |
Terms Used In Arizona Laws 32-1263.01
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Board: means the state board of dental examiners. See Arizona Laws 32-1201
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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 two thousand dollars for each violation of this chapter or rules adopted under this chapter. See Arizona Laws 32-1201
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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. See Arizona Laws 32-1201
- Licensed: means licensed pursuant to this chapter. See Arizona Laws 32-1201
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Writing: includes printing. See Arizona Laws 1-215
1. Revocation of license to practice.
2. Suspension of license to practice.
3. Entering a decree of censure, which may require that restitution be made to an aggrieved party.
4. Issuance of an order fixing a period and terms of probation best adapted to protect the public health and safety and to rehabilitate the licensed person. The order fixing a period and terms of probation may require that restitution be made to the aggrieved party.
5. Imposition of an administrative penalty in an amount not to exceed two thousand dollars for each violation of this chapter or rules adopted under this chapter.
6. Imposition of a requirement for restitution of fees to the aggrieved party.
7. Imposition of restrictions on the scope of practice.
8. Imposition of peer review and professional education requirements.
9. Imposition of community service.
B. The board may issue a letter of concern if a licensee’s continuing practices may cause the board to take disciplinary action. The board may also issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
C. Failure to comply with any order of the board, including an order of censure or probation, is cause for suspension or revocation of a license.
D. All disciplinary and final nondisciplinary actions or orders, not including letters of concern or advisory letters, issued by the board against a licensee or certificate holder shall be posted to that licensee’s or certificate holder’s profile on the board’s website. For the purposes of this subsection, only final nondisciplinary actions and orders that are issued after January 1, 2018 shall be posted.
E. Except as provided in Section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to Title 12, Chapter 7, Article 6.
F. If the state board of dental examiners acts to modify any dentist’s prescription-writing privileges, it shall immediately notify the Arizona state board of pharmacy of the modification.
G. The board may post a notice of its suspension or revocation of a license at the licensee’s place of business. This notice shall remain posted for sixty days. A person who removes this notice without board or court authority before that time is guilty of a class 3 misdemeanor.
H. A licensee or certificate holder shall respond in writing to the board within twenty days after a notice of hearing is served. A licensee who fails to answer the charges in a complaint and notice of hearing issued pursuant to this article and Title 41, Chapter 6, Article 10 is deemed to admit the acts charged in the complaint, and the board may revoke or suspend the license without a hearing.