2000 Legislation
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HOUSE BILL NO. 411 – Dentistry Bd, executive director


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Daily Data Tracking History

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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 411
                                       BY MR. SPEAKER
                              Requested by: Board of Dentistry
  1                                        AN ACT
  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
  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  an  adminis-
 23    trator  executive  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 the administrator executive
 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 the administrator
 30    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 the administrator executive director or other personnel shall  be
 34    determined  by  the  board  and  the administrator executive 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 / Fiscal Impact

                       STATEMENT OF PURPOSE

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

CONTACT:  Sylvia C. Boyle, Administrator
          Idaho Board of Dentistry