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H0238aa..................................................by HEALTH AND WELFARE
DENTISTRY - Amends existing law to provide for civil penalties for the
unlawful practice of dentistry; to provide a formula for assessing the
penalties; and to provide that the civil penalties will be remitted to the
General Fund.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
02/19 Rpt out - to Gen Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
02/28 2nd rdg - to 3rd rdg as amen
03/03 3rd rdg as amen - PASSED - 64-1-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Kellogg, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
Trail, Wills, Wood
NAYS -- Kulczyk
Absent and excused -- Bedke, Deal, Jaquet, Jones, Mr. Speaker
Floor Sponsor - Sali
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Health/Wel
03/17 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta(Wilson), Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Brandt
Floor Sponsor - Kennedy
Title apvd - to House
03/21 To enrol
03/24 Rpt enrol - Sp signed
03/25 Pres signed
03/26 To Governor
04/01 Governor signed
Session Law Chapter 190
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 238
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE UNLAWFUL PRACTICE OF DENTISTRY; AMENDING SECTION 54-905, IDAHO
3 CODE, TO PROVIDE FOR CIVIL PENALTIES FOR THE UNLAWFUL PRACTICE OF DEN-
4 TISTRY, TO PROVIDE A FORMULA FOR ASSESSING THE PENALTIES AND TO PROVIDE
5 THAT THE CIVIL PENALTIES WILL BE REMITTED TO THE GENERAL FUND; AND AMEND-
6 ING SECTION 54-933, IDAHO CODE, TO PROVIDE THAT THE COURT SHALL AWARD THE
7 PARTY PROSECUTING THE INJUNCTION REASONABLE ATTORNEY'S FEES AND COSTS
8 INCURRED IN MAINTAINING THE ACTION AND TO MAKE A TECHNICAL CORRECTION.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 54-905, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 54-905. UNLAWFUL PRACTICE OF DENTISTRY. (1) Any person who shall prac-
13 tice, or shall in any manner hold himself out to any other person, or to the
14 public, as qualified or licensed to practice dentistry, or who represents him-
15 self to be a dentist, within the state of Idaho, without at the time thereof
16 being a dentist, shall be guilty of a misdemeanor and upon conviction thereof
17 shall be fined not less than one thousand dollars ($1,000) nor more than three
18 thousand dollars ($3,000), or be imprisoned in the county jail for not less
19 than thirty (30) days nor more than six (6) months, or both.
20 Each act of practice, or holding out, or representation, shall constitute
21 a separate offense. In addition, a person found guilty of violating the provi-
22 sions of this section for commercial gain may be assessed a civil penalty by
23 the court, commensurate with the gain realized by the defendant, of up to
24 twenty-five thousand dollars ($25,000) for each violation of the provisions of
25 this section. The civil penalty collected by the court shall be remitted to
26 the general fund of the state.
27 (2) Conviction under the provisions of this section shall not prevent
28 issuance of an injunction as provided in section 54-933, Idaho Code.
29 SECTION 2. That Section 54-933, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 54-933. INJUNCTION -- PROCEDURE. The board or any resident citizen may
32 maintain an action in equity in the name of the state of Idaho to perpetually
33 enjoin any person from persisting in the doing of any acts constituting a
34 violation of this act. Such action shall be brought in the district court of
35 the county in which such acts or some of them are claimed to have been or are
36 being committed, by filing a verified complaint setting forth said acts. The
37 court, or a judge thereof at chambers, if satisfied from such complaint or by
38 affidavits that the acts complained of have been or are being committed and
39 will probably be persisted in, may issue a temporary writ, without notice or
40 bond, enjoining the defendant from the commission of any such act or acts
41 pending final disposition of the cause. The cause shall proceed as in other
2
1 cases for injunction. If at the trial the commission of said act or acts by
2 the defendant be established, and the court further finds that it is probable
3 that defendant will continue therein or in similar violations, the court, or a
4 judge thereof at chambers, shall enter a decree perpetually enjoining said
5 defendant from thereafter committing said or similar acts and shall award the
6 party prosecuting the injunction reasonable attorney's fees and costs incurred
7 in maintaining the action.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Mitchell
Seconded by Sali
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 238
1 AMENDMENT TO THE BILL
2 On page 1 of the printed bill, delete lines 29 through 41, and delete all
3 of page 2.
4 CORRECTION TO TITLE
5 On page 1, delete lines 5 through 8 and insert: "THAT THE CIVIL PENALTIES
6 WILL BE REMITTED TO THE GENERAL FUND.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 238, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE UNLAWFUL PRACTICE OF DENTISTRY; AMENDING SECTION 54-905, IDAHO
3 CODE, TO PROVIDE FOR CIVIL PENALTIES FOR THE UNLAWFUL PRACTICE OF DEN-
4 TISTRY, TO PROVIDE A FORMULA FOR ASSESSING THE PENALTIES AND TO PROVIDE
5 THAT THE CIVIL PENALTIES WILL BE REMITTED TO THE GENERAL FUND.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 54-905, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 54-905. UNLAWFUL PRACTICE OF DENTISTRY. (1) Any person who shall prac-
10 tice, or shall in any manner hold himself out to any other person, or to the
11 public, as qualified or licensed to practice dentistry, or who represents him-
12 self to be a dentist, within the state of Idaho, without at the time thereof
13 being a dentist, shall be guilty of a misdemeanor and upon conviction thereof
14 shall be fined not less than one thousand dollars ($1,000) nor more than three
15 thousand dollars ($3,000), or be imprisoned in the county jail for not less
16 than thirty (30) days nor more than six (6) months, or both.
17 Each act of practice, or holding out, or representation, shall constitute
18 a separate offense. In addition, a person found guilty of violating the provi-
19 sions of this section for commercial gain may be assessed a civil penalty by
20 the court, commensurate with the gain realized by the defendant, of up to
21 twenty-five thousand dollars ($25,000) for each violation of the provisions of
22 this section. The civil penalty collected by the court shall be remitted to
23 the general fund of the state.
24 (2) Conviction under the provisions of this section shall not prevent
25 issuance of an injunction as provided in section 54-933, Idaho Code.
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STATEMENT OF PURPOSE
RS 12951
There are those that have come into the state of Idaho and held
themselves out as qualified licensed dentists, who were not. This
legislation would provide for a civil penalty that would eliminate
the financial incentive in practicing dentistry without a license
in the state of Idaho.
FISCAL IMPACT
Could result in a small gain to the General Fund.
Contact
Name: Rep. Bill Sali
Phone: 332-1000
Name: Skip Smyser
Phone: 342-0777
STATEMENT OF PURPOSE/FISCAL NOTE H 238A