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H0411........................................................by MR. SPEAKER
Requested by: Board of Dentistry
DENTISTRY BOARD - Amends existing law to authorize the Board of Dentistry
to appoint an executive director.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
02/11 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 65-2-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley,
Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Gould, Smith
Absent and excused -- Black, Hansen(29), Pischner
Floor Sponsor - Sali
Title apvd - to Senate
02/21 Senate intro - 1st rdg - to Health/Wel
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 29-3-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Ingram,
Ipsen, Keough, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Wheeler, Williams
NAYS--Hawkins, Parry, Whitworth
Absent and excused--Davis, King-Barrutia, Thorne
Floor Sponsor - Ipsen
Title apvd - to House
03/17 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed
03/22 To Governor
Governor signed
Session Law Chapter 40
Effective: 07/01/00
H0411|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 411 BY MR. SPEAKER Requested by: Board of Dentistry 1 AN ACT 2 RELATING TO THE BOARD OF DENTISTRY; AMENDING SECTION 54-912, IDAHO CODE, TO 3 AUTHORIZE THE APPOINTMENT OF AN EXECUTIVE DIRECTOR; AND PROVIDING AN 4 EFFECTIVE DATE. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 54-912, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-912. BOARD OF DENTISTRY -- POWERS AND DUTIES. The board shall have the 9 following powers and duties: 10 (1) To ascertain the qualifications and fitness of applicants to practice 11 dentistry, a dental specialty or dental hygiene; to prepare, conduct and grade 12 qualifying examinations; to issue in the name of the board a certificate of 13 qualification to applicants found to be fit and qualified to practice den- 14 tistry or dental hygiene. 15 (2) To prescribe rules for a fair and wholly impartial method of licen- 16 sure and examination of applicants to practice dentistry, a dental specialty 17 or dental hygiene. 18 (3) To define by rule what shall constitute accepted and approved 19 schools, colleges, institutions, universities or departments thereof for the 20 teaching of dentistry or dental hygiene and to determine, accept and approve 21 those that comply therewith. 22 (4) To promulgate other rules required by law or necessary or desirable 23 for its enforcement and administration; to define by rule the terms unprofes- 24 sional conduct or practices injurious to the public as the terms are used in 25 section 54-924, Idaho Code, to furnish applications, certificates, licenses 26 and other necessary forms. 27 (5) To inspect or cause to be inspected the offices or operating rooms of 28 all persons licensed under this chapter. 29 (6) Upon its own motion or upon any complaint, to initiate and conduct 30 investigations on all matters relating to the practice of dentistry or dental 31 hygiene and to conduct hearings or proceedings on its own or through its des- 32 ignated hearing officer, to revoke, suspend or otherwise condition certifi- 33 cates of qualification or licenses of persons practicing dentistry or dental 34 hygiene and, on such terms as the board shall deem appropriate, to revoke, 35 suspend, or otherwise condition such licenses, provided such hearings and pro- 36 ceedings shall be had in conformance with the provisions of chapter 52, title 37 67, Idaho Code. Final decisions of the board shall be subject to judicial 38 review as provided in chapter 52, title 67, Idaho Code. 39 (7) The board, its designated hearing officer, or representative shall 40 have power to administer oaths, the power to engage in discovery as provided 41 in the Idaho rules of civil procedure and chapter 52, title 67, Idaho Code, 42 including, but not limited to, the power to take depositions of witnesses 43 within or without the state in the manner provided by law in civil cases, and 2 1 shall have power throughout the state of Idaho to require the attendance of 2 witnesses and the production of books, records and papers as it may desire at 3 any hearing before it of any matter which it has authority to investigate, and 4 for that purpose the board or its designated hearing officer may issue a sub- 5 poena for any witness or a subpoena duces tecum to compel the production of 6 any books, records or papers, directed to the sheriff of any county of the 7 state of Idaho, where the witness resides, or may be found, which shall be 8 served and returned in the same manner as a subpoena in a criminal case is 9 served and returned. The fees and mileage of the witnesses shall be the same 10 as that allowed in the district courts in criminal cases and shall be paid 11 from the state board of dentistry fund in the same manner as other expenses of 12 the board are paid. In any case of disobedience to, or neglect of, any sub- 13 poena or subpoena duces tecum served upon any person, or the refusal of any 14 witness to testify to any matter regarding which he may lawfully be interro- 15 gated, it shall be the duty of the district court, or any judge thereof, of 16 any county in this state in which the disobedience, neglect or refusal occurs, 17 upon application by the board to compel obedience by proceedings for contempt 18 as in the case of disobedience of the requirements of a subpoena issued from 19 the court or for refusal to testify. The licensed person accused in the pro- 20 ceedings shall have the same right of subpoena upon making application to the 21 board. 22 (8) The board shall establish an office and may appoint anadminis-23tratorexecutive director who need not be a member of the board or a person 24 licensed to practice dentistry or dental hygiene, and may employ other person- 25 nel, including attorneys and hearing officers, as may be necessary to assist 26 the board. The board shall prescribe the duties of theadministratorexecutive 27 director and these duties shall include the preparation of all papers and 28 records under law for the board, and shall include enforcement activities as 29 to the board may from time to time appear advisable, and theadministrator30 executive director shall act for and on behalf of the board in such manner as 31 the board may authorize, keep records, property and equipment of the board and 32 discharge other duties as the board may from time to time prescribe. The com- 33 pensation of theadministratorexecutive director or other personnel shall be 34 determined by the board and theadministratorexecutive director shall be 35 bonded to the state in the time, form and manner prescribed in chapter 8, 36 title 59, Idaho Code. 37 (9) To report annually to the associations on the status of the state 38 board of dentistry account and furnish the associations a written report on 39 all receipts and expenditures during the preceding year. 40 (10) Provide, by rule, for reasonable fees for administrative costs and 41 assess costs reasonably and necessarily incurred in the enforcement of this 42 chapter when a licensee has been found to be in violation of this chapter. 43 SECTION 2. This act shall be in full force and effect on and after July 44 1, 2000.
STATEMENT OF PURPOSE
RS09320
The purpose of this proposed legislation is to change the term
administrator to executive director as requested by the Division of
Financial Management.
FISCAL IMPACT
None.
CONTACT: Sylvia C. Boyle, Administrator
Idaho Board of Dentistry
334-2369