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H0389........................................................by MR. SPEAKER Requested by: Board of Dentistry DENTISTRY - Amends existing law to adopt a prohibition on false representation of oneself as qualified or licensed to practice dentistry; and to provide penalties. 01/07 House intro - 1st rdg - to printing Rpt prt - to Health/Wel 03/05 Rpt out - rec d/p - to 2nd rdg Rls susp - FAILED - 32-35-3 AYES -- Aikele, Bell, Block, Boe, Bolz, Campbell, Crow, Cuddy, Deal, Ellis, Field(13), Field(20), Gould, Henbest, Higgins, Jaquet, Jones, Langford, Martinez, McKague, Meyer, Montgomery, Mortensen, Pischner, Pomeroy, Raybould, Ridinger, Robison, Sellman, Shepherd, Smith(33), Stone NAYS -- Barraclough, Barrett, Bedke, Bieter, Black, Bruneel, Callister, Clark, Collins, Denney, Ellsworth, Eskridge, Hadley, Hammond, Harwood, Hornbeck, Kellogg(Duncan), Kendell, Kunz, Lake, Loertscher, Mader, Moyle, Pearce, Roberts, Sali, Schaefer, Smith(23), Smylie, Stevenson, Tilman, Trail, Wheeler, Wood, Young Absent and excused -- Bradford, Gagner, Mr. Speaker Floor Sponsor - Henbest To Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 389 BY MR. SPEAKER Requested by: Board of Dentistry 1 AN ACT 2 RELATING TO THE PRACTICE OF DENTISTRY; AMENDING SECTION 54-905, IDAHO CODE, TO 3 ADOPT A PROHIBITION ON FALSE REPRESENTATION OF ONESELF AS QUALIFIED OR 4 LICENSED TO PRACTICE DENTISTRY AND TO PROVIDE PENALTIES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 54-905, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-905. UNLAWFUL PRACTICE OF DENTISTRY. (1) Any person who shall 9 practice, or shall in any manner hold himself out to any other person, or to10the public, as qualified or licensed to practicedentistry,or who represents11himself to be a dentist,within the state of Idaho, without at the time 12 thereof being a dentist, shall be guilty of amisdemeanorfelony and upon con- 13 viction thereof shall be fined notlessmore thanonefive thousand dollars 14 ($15,000)nor more than three thousand dollars ($3,000),or be imprisonedin15the county jailfor notless than thirty (30) days normore thansix (6)16monthsfive (5) years, or both. 17 Each act of practice, or holding out, or representation,shall constitute 18 a separate offense. 19 (2) It is unlawful for any person to represent himself as qualified or 20 licensed to practice dentistry within the state of Idaho unless that person is 21 so licensed to practice dentistry pursuant to this chapter, and upon convic- 22 tion thereof, such person shall be fined not more than three thousand dollars 23 ($3,000), or imprisoned not more than one (1) year, or shall be punished by 24 both fine and imprisonment. 25 (3) Conviction under the provisions of this section shall not prevent 26 issuance of an injunction as provided in section 54-933, Idaho Code.
STATEMENT OF PURPOSE RS 11435 The purpose of this proposed legislation is to change the unlawful practice of dentistry from a misdemeanor to a felony (54-905). This change would then facilitate pressing charges and conviction of those practicing dentistry without a license. FISCAL IMPACT No fiscal impact. CONTACT Name: Sylvia C. Boyle Agency: Dentistry Board Phone: 334-2369 H0389