2004 Legislation
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SENATE BILL NO. 1288 – Dental hygienist/oral health care

SENATE BILL NO. 1288

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Bill Status



S1288.................................................by HEALTH AND WELFARE
DENTAL HYGIENISTS - Amends existing law to define an "extended access oral
health care program"; and to specify the requirements of practice in such a
program by a dental hygienist.
                                                                        
02/09    Senate intro - 1st rdg - to printing
02/10    Rpt prt - to Health/Wel
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton(Duncan), Darrington, Davis, Gannon,
      Geddes, Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      McKenzie, McWilliams, Noble(Anderson), Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, Marley
    Floor Sponsor - Compton(Duncan)
    Title apvd - to House
03/02    House intro - 1st rdg - to Health/Wel
03/15    Rpt out - to Gen Ord
03/16    Rpt out - w/o amen - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 65-2-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Field(18),
      Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Bolz, Eskridge
      Absent and excused -- Cuddy, Field(23), Wood
    Floor Sponsor - Kulczyk
    Title apvd - to Senate
03/18    To enrol
03/19    Rpt enrol - Pres signed - Sp signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 214
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1288
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BOARD OF DENTISTRY; AMENDING SECTION 54-903,  IDAHO  CODE,  TO
  3        DEFINE  "EXTENDED  ACCESS  ORAL HEALTH CARE PROGRAM"; AND AMENDING SECTION
  4        54-904, IDAHO CODE, TO SPECIFY STANDARDS FOR PRACTICE FOR  DENTAL  HYGIEN-
  5        ISTS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section  54-903, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        54-903.  GENERAL DEFINITIONS. As used in this chapter:
 10        (1)  "Association" means the Idaho state dental association and the  Idaho
 11    dental hygienists' association.
 12        (2)  "Board" means the state board of dentistry.
 13        (3)  "Dental  assistant"  is  a person who need not be licensed under this
 14    chapter, but who is regularly employed by a dentist at his office,  who  works
 15    under  the  dentist's direct supervision, and is adequately trained and quali-
 16    fied according to standards established by the board  to  perform  the  dental
 17    services  permitted to be performed by assistants by this chapter and applica-
 18    ble rules of the board.
 19        (4)  "Dental hygienist" is a person both qualified and  annually  licensed
 20    by the laws of Idaho to practice dental hygiene.
 21        (5)  "Dental  specialist"  is  a dentist who limits his practice to a spe-
 22    cialty recognized by the American dental association, who has graduated from a
 23    board approved post-graduate program in his specialty and  is  a  person  both
 24    qualified and annually licensed by the laws of Idaho to practice a dental spe-
 25    cialty.
 26        (6)  "Dentist"  is  a  person  both qualified and annually licensed by the
 27    laws of Idaho to practice dentistry.
 28        (7)  "Direct supervision" is supervision of a dental assistant  or  dental
 29    hygienist  requiring  that  a  dentist diagnose the condition to be treated, a
 30    dentist authorize the procedure to be performed, a dentist remain in the  den-
 31    tal  office while the procedure is performed, and that before dismissal of the
 32    patient, a dentist approves the work performed by the dental assistant or den-
 33    tal hygienist.
 34        (8)  "Extended access oral health care program" means and includes  dental
 35    and  dental  hygiene treatment and services provided as part of a program con-
 36    ducted by or through a local, county, state or federal agency, hospital, long-
 37    term care facility, public health district, dental or dental  hygiene  school,
 38    tribal  clinic,  or migrant health center; or such other oral health care pro-
 39    gram approved on an annual basis by the board and conducted by  or  through  a
 40    public  or  private  entity, recognized under section 501(c)(3) of the federal
 41    Internal Revenue Code, to provide  free  or  reduced  fee  dental  and  dental
 42    hygiene services to persons who, due to age, infirmity, handicap, indigence or
 43    disability,  are unable to receive regular dental and dental hygiene treatment
                                                                        
                                           2
                                                                        
  1    in a private office.
  2        (9)  "General supervision" is supervision of a dental hygienist  requiring
  3    that a dentist authorize the procedure which is carried out, but not requiring
  4    that a dentist be in the office when the authorized procedure is performed.
  5        (910) "Indirect  supervision" is supervision of a dental hygienist requir-
  6    ing that a dentist authorize a procedure and that a dentist be in  the  dental
  7    office while the procedure is performed by the hygienist.
                                                                        
  8        SECTION  2.  That  Section  54-904, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        54-904.  AUTHORIZATION FOR PROCEDURES PERFORMED UNDER GENERAL  SUPERVISION
 11    BY  DENTAL HYGIENISTS. -- PRIVATE OFFICE -- PUBLIC SETTING. A dental hygienist
 12    is authorized to practice under general supervision when:
 13        (1)  In a private office where the dental  hygienist  works,  aA  licensed
 14    dentist  has  diagnosed the condition to be treated, and determined the proce-
 15    dure to be performed, and or has delegated with written orders to authorized a
 16    qualified dental hygienist the to performance of the prescribed treatment; or
 17        (2)  In an extended access oral health care program, aA  supervisory  den-
 18    tist,  who  is  employed or retained by or is a volunteer for the program, has
 19    evaluated the dental health plan determined the treatment to be  provided  and
 20    has  issued  written  orders  to authorized a dental hygienist employed in any
 21    institutional setting where dental hygiene services may be performed holding a
 22    license with an extended access dental hygiene endorsement to provide the pre-
 23    scribed treatment.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 13458
The purpose of this proposed legislation is to define the term
"extended access oral health care program" and to create a new
dental hygienist's license endorsement that would provide for a
dental hygienist who satisfied the applicable qualifications to be
issued an "extended access dental hygiene endorsement" which would
authorize the holder of the endorsement to provide dental hygiene
services under a dentist's general supervision through an extended
access oral health care program.  An extended access oral health
care program would include dental hygiene services provided through
local, state and federal programs, hospitals, schools, community
health centers and through such other non-profit or charitable
dental hygiene programs which are annually approved by the Board of
Dentistry and which provide free or low-cost dental hygiene
services to persons who, due to age, infirmity, handicap, indigence
or disability, are unable to receive regular dental hygiene care in
a private dental office. The proposed legislation deletes the
requirement that a dentist issue written orders to a dental
hygienist working under general supervision.  The dentist must now
diagnose and determine the treatment to be provided by the dental
hygienist or authorize the dental hygienist to perform prescribed
treatment.


                         FISCAL  IMPACT
Additional Board of Dentistry staff time will be required to
process applications for the new dental hygienist license
endorsement.  The Board of Dentistry has not, as yet, determined
whether an additional endorsement fee will be imposed in connection
with the new dental hygienist license endorsement.  As such, there
is a possible fiscal impact on licensees.


CONTACT   
Name:     Mike Sheeley
Agency:   Board of Dentistry
Phone:    334-2369

Statement of Purpose/Fiscal Impact                      S 1288