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HOUSE BILL NO. 389

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Daily Data Tracking History

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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

Bill Text

                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN 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 to
 10    the public, as qualified or licensed to practice dentistry, or who  represents
 11    himself  to  be  a  dentist,  within  the  state of Idaho, without at the time
 12    thereof being a dentist, shall be guilty of a misdemeanor felony and upon con-
 13    viction thereof shall be fined not less more than one  five  thousand  dollars
 14    ($15,000)  nor  more than three thousand dollars ($3,000), or be imprisoned in
 15    the county jail for not less than thirty (30)  days  nor  more  than  six  (6)
 16    months five (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 / Fiscal Impact

                     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