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S1068....................................................by HEALTH AND WELFARE
DENTISTRY BOARD - EXAMS - Amends existing law to authorize the Board of
Dentistry to require and accept results of dental and dental hygiene exams
administered by approved regional and national dental and dental hygiene
testing organizations; and to require that a person seeking reinstatement of a
license may be required by the Board of Dentistry to pass such examinations as
shall demonstrate the person's competence.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Health/Wel
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 32-3-0
AYES -- Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Pearce, Richardson, Sorensen, Stegner, Stennett,
Sweet, Werk, Williams
NAYS -- Andreason, Noh, Schroeder
Absent and excused -- None
Floor Sponsor - Sweet
Title apvd - to House
02/19 House intro - 1st rdg - to Health/Wel
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 66-0-4
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Denney,
Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
Lake, Langford, Langhorst(Wallace), Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring,
Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Tilman,
Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bradford, Cuddy, Deal, Smith(24)
Floor Sponsor - Block
Title apvd - to Senate
03/17 To enrol
03/19 Rpt enrol - Pres signed
03/20 Sp signed
03/21 To Governor
03/27 Governor signed
Session Law Chapter 160
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1068
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE BOARD OF DENTISTRY; AMENDING SECTION 54-912, IDAHO CODE, TO
3 AUTHORIZE THE BOARD OF DENTISTRY TO REQUIRE AND ACCEPT RESULTS OF DENTAL
4 AND DENTAL HYGIENE EXAMINATIONS ADMINISTERED BY APPROVED REGIONAL AND
5 NATIONAL DENTAL AND DENTAL HYGIENE TESTING ORGANIZATIONS; AMENDING SECTION
6 54-915, IDAHO CODE, TO SPECIFY THAT MULTIPLE EXAMINATIONS ARE REQUIRED TO
7 BE PASSED TO QUALIFY FOR LICENSURE AND TO MAKE A TECHNICAL CORRECTION;
8 AMENDING SECTION 54-918, IDAHO CODE, TO REVISE EXAMINATIONS CRITERIA FOR
9 APPLICANTS FOR LICENSURE, TO AUTHORIZE THE REQUIRING AND ACCEPTANCE OF THE
10 RESULTS OF EXAMINATIONS CONDUCTED BY APPROVED REGIONAL AND NATIONAL TEST-
11 ING ORGANIZATIONS, TO PROVIDE THAT THE REGIONAL AND NATIONAL TESTING ORGA-
12 NIZATIONS SHALL ESTABLISH THE PASSING STANDARDS FOR THE EXAMINATIONS THEY
13 CONDUCT AND TO REQUIRE THAT ANY APPLICANT WHO FAILS ANY EXAMINATION CON-
14 DUCTED BY THE BOARD BE NOTIFIED IN WRITING BY THE BOARD; AND AMENDING SEC-
15 TION 54-921, IDAHO CODE, TO SPECIFY THAT A PERSON SEEKING REINSTATEMENT OF
16 A LICENSE MAY BE REQUIRED BY THE BOARD OF DENTISTRY TO PASS SUCH EXAMINA-
17 TIONS AS SHALL DEMONSTRATE THE PERSON'S COMPETENCE AND TO MAKE A TECHNICAL
18 CORRECTION.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 54-912, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 54-912. BOARD OF DENTISTRY -- POWERS AND DUTIES. The board shall have the
23 following powers and duties:
24 (1) To ascertain the qualifications and fitness of applicants to practice
25 dentistry, a dental specialty or dental hygiene; to prepare, conduct and grade
26 qualifying examinations; to require and accept passing results of written and
27 clinical examinations from approved dental and dental hygiene testing organi-
28 zations; to issue in the name of the board a certificate of qualification to
29 applicants found to be fit and qualified to practice dentistry or dental
30 hygiene.
31 (2) To prescribe rules for a fair and wholly impartial method of licen-
32 sure and examination of applicants to practice dentistry, a dental specialty
33 or dental hygiene.
34 (3) To define by rule what shall constitute accepted and approved
35 schools, colleges, institutions, universities or departments thereof for the
36 teaching of dentistry or dental hygiene and to determine, accept and approve
37 those that comply therewith.
38 (4) To promulgate other rules required by law or necessary or desirable
39 for its enforcement and administration; to define by rule the terms unprofes-
40 sional conduct or practices injurious to the public as the terms are used in
41 section 54-924, Idaho Code, to furnish applications, certificates, licenses
42 and other necessary forms.
43 (5) To inspect or cause to be inspected the offices or operating rooms of
2
1 all persons licensed under this chapter.
2 (6) Upon its own motion or upon any complaint, to initiate and conduct
3 investigations on all matters relating to the practice of dentistry or dental
4 hygiene and to conduct hearings or proceedings on its own or through its des-
5 ignated hearing officer, to revoke, suspend or otherwise condition certifi-
6 cates of qualification or licenses of persons practicing dentistry or dental
7 hygiene and, on such terms as the board shall deem appropriate, to revoke,
8 suspend, or otherwise condition such licenses, provided such hearings and pro-
9 ceedings shall be had in conformance with the provisions of chapter 52, title
10 67, Idaho Code. Final decisions of the board shall be subject to judicial
11 review as provided in chapter 52, title 67, Idaho Code.
12 (7) The board, its designated hearing officer, or representative shall
13 have power to administer oaths, the power to engage in discovery as provided
14 in the Idaho rules of civil procedure and chapter 52, title 67, Idaho Code,
15 including, but not limited to, the power to take depositions of witnesses
16 within or without the state in the manner provided by law in civil cases, and
17 shall have power throughout the state of Idaho to require the attendance of
18 witnesses and the production of books, records and papers as it may desire at
19 any hearing before it of any matter which it has authority to investigate, and
20 for that purpose the board or its designated hearing officer may issue a sub-
21 poena for any witness or a subpoena duces tecum to compel the production of
22 any books, records or papers, directed to the sheriff of any county of the
23 state of Idaho, where the witness resides, or may be found, which shall be
24 served and returned in the same manner as a subpoena in a criminal case is
25 served and returned. The fees and mileage of the witnesses shall be the same
26 as that allowed in the district courts in criminal cases and shall be paid
27 from the state board of dentistry fund in the same manner as other expenses of
28 the board are paid. In any case of disobedience to, or neglect of, any sub-
29 poena or subpoena duces tecum served upon any person, or the refusal of any
30 witness to testify to any matter regarding which he may lawfully be interro-
31 gated, it shall be the duty of the district court, or any judge thereof, of
32 any county in this state in which the disobedience, neglect or refusal occurs,
33 upon application by the board to compel obedience by proceedings for contempt
34 as in the case of disobedience of the requirements of a subpoena issued from
35 the court or for refusal to testify. The licensed person accused in the pro-
36 ceedings shall have the same right of subpoena upon making application to the
37 board.
38 (8) The board shall establish an office and may appoint an executive
39 director who need not be a member of the board or a person licensed to prac-
40 tice dentistry or dental hygiene, and may employ other personnel, including
41 attorneys and hearing officers, as may be necessary to assist the board. The
42 board shall prescribe the duties of the executive director and these duties
43 shall include the preparation of all papers and records under law for the
44 board, and shall include enforcement activities as to the board may from time
45 to time appear advisable, and the executive director shall act for and on
46 behalf of the board in such manner as the board may authorize, keep records,
47 property and equipment of the board and discharge other duties as the board
48 may from time to time prescribe. The compensation of the executive director or
49 other personnel shall be determined by the board and the executive director
50 shall be bonded to the state in the time, form and manner prescribed in chap-
51 ter 8, title 59, Idaho Code.
52 (9) To report annually to the associations on the status of the state
53 board of dentistry account and furnish the associations a written report on
54 all receipts and expenditures during the preceding year.
55 (10) Provide, by rule, for reasonable fees for administrative costs and
3
1 assess costs reasonably and necessarily incurred in the enforcement of this
2 chapter when a licensee has been found to be in violation of this chapter.
3 SECTION 2. That Section 54-915, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 54-915. QUALIFICATIONS REQUIRED FOR DENTIST OR DENTAL HYGIENIST LICEN-
6 SURE. No person hereafter shall be eligible for licensure to practice den-
7 tistry or dental hygiene in this state unless the applicant:
8 (1) Is of good moral character and has not pled guilty to or been con-
9 victed of any felony, or of any misdemeanor involving moral turpitude, unless
10 the person demonstrates that he has been sufficiently rehabilitated to warrant
11 the public trust;
12 (2) Shall, for dentistry, have successfully completed the course of study
13 in dentistry, and graduated and received a degree of doctor of dental surgery,
14 doctor of dental medicine, or equivalent degree from a dental school accepted
15 and approved by the board;
16 (3) Shall, for dental hygiene, have successfully completed the course of
17 study in dental hygiene, and received a degree from a dental hygiene school
18 accepted and approved by the board.;
19 (4) Shall, for dentistry and dental hygiene, pass the examinations pro-
20 vided for in section 54-918, Idaho Code.
21 SECTION 3. That Section 54-918, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 54-918. EXAMINATIONS -- CERTIFICATE OF QUALIFICATION. (1) At least once
24 in each calendar year, the board or its agent shall conduct separate An appli-
25 cant for licensure shall pass such examinations in dentistry and in dental
26 hygiene as are conducted by the board. Examinations shall be written or clini-
27 cal, or both, and upon such subjects in dentistry and dental hygiene as the
28 board shall determine will thoroughly test the fitness and ability of the
29 applicant to practice dentistry or dental hygiene. An applicant for licensure
30 shall pass the written jurisprudence examination conducted by the board. A
31 passing score of seventy-five percent (75%) correct shall be required on the
32 written jurisprudence examination. A passing score of at least seventy-five
33 percent (75%) correct shall be required on any additional written or clinical
34 examinations conducted by the board. It shall report and record the names of
35 applicants who pass and of those who fail the examinations. Upon the
36 candidate's request, the board will issue to each passing applicant in den-
37 tistry, who is qualified for Idaho licensure, a certificate of qualification
38 to practice dentistry, and to each passing applicant in dental hygiene, who is
39 qualified for Idaho licensure, a certificate of qualification to practice den-
40 tal hygiene within the state of Idaho.
41 Prior to an examination, or by general rule, the board shall determine the
42 relative weight of the written and of the clinical examination, the passing
43 grade, not exceeding seventy percent (70%), for each subject, section, or part
44 of the examination and the general average passing grade, not exceeding seven-
45 ty-five percent (75%). The board may recognize a certificate granted by the
46 commission on national dental examinations.
47 (2) In lieu of conducting written examinations other than the jurispru-
48 dence examination, the board may require and accept the results of the
49 national board dental and dental hygiene examinations administered by the
50 American dental association. The American dental association shall set the
51 standards for passing the national board dental and dental hygiene examina-
4
1 tions. In lieu of conducting clinical examinations, the board may require and
2 accept the results of clinical examinations administered by national or
3 regional testing organizations approved by the board. The national or regional
4 testing organizations shall set the standards for passing or acceptable level
5 of competency on the clinical examinations administered.
6 (3) Applicants who fail the any examination conducted by the board shall
7 be notified thereof in writing by the board, or its agent, which shall also
8 record the fact of failure and the date and means of notification.
9 (4) Written questions and answers of applicants shall be subject to dis-
10 closure according to chapter 3, title 9, Idaho Code, unless exempt from dis-
11 closure in that chapter and title, and shall be destroyed by the board after
12 the period of one (1) year following the examination.
13 SECTION 4. That Section 54-921, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 54-921. REINSTATEMENT. A person whose license has been suspended or
16 revoked for nonpayment of the required license fee may have such qualification
17 reinstated by filing an application for licensure showing possession by him of
18 the qualifications required of a first applicant for licensure, and addition-
19 ally the fact, time and cause of cancelation cancellation of his previous
20 qualification. He shall pay to the board an application fee in the same amount
21 as prescribed by the board under the provisions of section 54-916, Idaho Code,
22 which fee shall not be refunded. If found qualified as in the case of a first
23 applicant for licensure, he may be required to take and pass the next qualify-
24 ing such examinations, or as, in the discretion of the board, he may be per-
25 mitted to take such special examination as shall show that he possesses the
26 knowledge and skill requisite to the practice of dentistry or dental hygiene
27 as the case may be. In the event he passes such examinations there shall be
28 issued to him a certificate of qualification.
STATEMENT OF PURPOSE
RS 12308
The purpose of this proposed legislation is to revise the Board of
Dentistry's examination statutes to clarify their operation and
make them consistent with the actual practice and requirements of
the Board of Dentistry. The proposed revision maintains the Board
of Dentistry's ability to conduct qualifying examinations and
establish passing standards for the examinations it conducts. In
addition, the proposed revision authorizes and specifies that the
Board of Dentistry can require and accept the results of
examinations conducted by approved regional and national examining
organizations. The proposed legislation also specifies that an
applicant seeking reinstatement of a lapsed license may be required
to successfully complete such examinations in the Board of
Dentistry's discretion as will adequately test the applicant's
competency.
FISCAL IMPACT
Because the proposed revision is only intended to clarify the Board
of Dentistry's existing examination process and requirements, no
additional costs or examination requirements are imposed. As such,
there is no fiscal impact.
CONTACT
Name: Mike Sheeley
Agency: Dentistry Board
Phone: 334-2369
Statement of Purpose/Fiscal Impact S 106