Arizona HB 2308: HOV lanes; degradation; technical correction

Bill Text

Chapter 0089 - 572R - H Ver of HB2308 

 House Engrossed

 dental insurers; 
 dental practice; prohibition

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 CHAPTER 89

 HOUSE BILL 2308

AN 
ACT

Amending section 32-1213, Arizona Revised 
Statutes; relating to the state board of dental examiners.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.1. Section 
32-1213, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1213. 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 fa