The Arizona Dental Association (AzDA) is one of 13 Arizona health associations that have banded together to file against the state to recover more than $13 million in funds "swept" from various licensing boards.
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Funds swept by Arizona Legislature, 2008
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These funds were taken by the Arizona Legislature in April and June 2008 and transferred to the state's general fund. The funds consist entirely of fees paid by licensees in each profession. There are several strong legal arguments that the "transfers" are unconstitutional and in violation of state law, according to a press release.
The AzDA is looking to recover nearly $6 million of this money, more than any of the other associations.
The taking of these funds has left the boards extremely weakened, creating excessive delays in both licensing and disciplinary actions, the associations noted. Along with licensing, these boards protect the health and welfare of Arizonans by investigating allegations of misconduct.
By law, the funds must be used for the purpose of running the individual boards. "Our members pride themselves on being trusted caretakers of their patients' health," said Arizona Dental Association Executive Director Kevin Earle. "A vital and effective regulatory structure provided by the boards adds confidence to patients and the public at large. These boards need funding to survive."
"This suit is crucial to the immediate and ongoing operation of these regulatory boards," said Roger Morris, one of the attorneys representing the associations. "The associations brought suit because they recognize that protecting the public health and safety is of paramount importance and have joined together in an effort to force the state of Arizona to do the same."
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