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S1289.................................................by HEALTH AND WELFARE
DENTISTS - Adds to existing law to provide a dentist volunteer's license;
to specify qualifications; to govern permissible practice; and to provide
immunity from liability.
02/09 Senate intro - 1st rdg - to printing
02/10 Rpt prt - to Health/Wel
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 29-5-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Calabretta, Cameron,
Compton, Darrington, Gannon, Goedde, Hill, Ingram, Kennedy, Keough,
Little, Lodge, Malepeai, Marley, McWilliams, Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- Burtenshaw, Davis, Geddes, McKenzie, Noble
Absent and excused -- Burkett
Floor Sponsor - Brandt
Title apvd - to House
03/10 House intro - 1st rdg - to Bus
03/12 Rpt out - Ref'd to Health/Wel
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 66-0-4
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet,
Kellogg, Kulczyk, Langford, Langhorst, Martinez, McGeachin, McKague,
Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,
Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Gagner, Jones, Lake, Roberts
Floor Sponsor - Sali
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 215
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1289
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO DENTAL PRACTICE ACT; AMENDING CHAPTER 9, TITLE 54, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 54-935, IDAHO CODE, TO PROVIDE A
4 VOLUNTEER'S LICENSE, TO SPECIFY QUALIFICATIONS, TO GOVERN PERMISSIBLE
5 PRACTICE AND TO PROVIDE IMMUNITY FROM LIABILITY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 9, Title 54, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 54-935, Idaho Code, and to read as follows:
10 54-935. VOLUNTEER'S LICENSE -- QUALIFICATIONS -- PERMISSIBLE PRACTICE --
11 IMMUNITY FROM LIABILITY. (1) Upon application and qualification, the board may
12 issue, without examination, a volunteer's license to a dentist who is retired
13 from the active practice of dentistry to enable the retired dentist to provide
14 dental services at specified locations to persons who, due to age, infirmity,
15 handicap, indigence or disability, are unable to receive regular dental treat-
16 ment.
17 (2) For purposes of this section, a dentist previously holding a dental
18 license with active status in Idaho or another state shall be considered to be
19 retired if, prior to the date of application for a volunteer's license, he has
20 surrendered or allowed his license with active status to expire with the
21 intention of ceasing to actively practice as a dentist for remuneration, he
22 has converted his license with active status to a license with inactive status
23 with the intention of ceasing to actively practice as a dentist for remunera-
24 tion, or he has converted his license with active or inactive status to a
25 license with retirement or similar status that proscribed the active practice
26 of dentistry. A dentist whose dental license had been restricted, suspended,
27 revoked, surrendered, resigned, converted, or allowed to lapse or expire as
28 the result of disciplinary action or in lieu of disciplinary action being
29 taken shall not be eligible for a volunteer's license.
30 (3) An application for a volunteer's license shall include, but not be
31 limited to, the following:
32 (a) Verification of graduation from a dental school accredited by the
33 Commission on Dental Accreditation of the American Dental Association as
34 of the date of the applicant's graduation;
35 (b) Verification from each state board in which the applicant was
36 licensed that the applicant maintained his dental license in good standing
37 without disciplinary action that restricted the applicant's license or
38 resulted in the applicant's license being placed on probation, suspended,
39 revoked or being surrendered, resigned or otherwise allowed to lapse or
40 expire in lieu of disciplinary action;
41 (c) Verification that the applicant held a dental license in good stand-
42 ing in Idaho or another state as of the date upon which the dentist became
43 retired;
2
1 (d) Verification that the applicant held an active status dental license
2 in good standing in Idaho or another state within five (5) years of the
3 date of application for a volunteer's license, provided, that the board
4 may waive the five (5) year requirement in the event that the applicant
5 demonstrates he possesses the knowledge and skills requisite to the prac-
6 tice of dentistry by successfully completing such examinations as are
7 required by the board; and
8 (e) A notarized statement from the applicant on a form prescribed by the
9 board, that the applicant will not provide any dental services to any per-
10 son or at any location other than as permitted by this section and that
11 the applicant will not accept any amount or form of remuneration, other
12 than as reimbursement for the amount of actual expenses incurred as a vol-
13 unteer dentist, for any dental services provided under the authority of a
14 volunteer's license.
15 (4) For purposes of this section, the specified locations at which a den-
16 tist holding a volunteer's license may provide dental services shall be lim-
17 ited to the premises or sites of extended access oral health care programs.
18 The dental services provided at an extended access oral health care program by
19 a dentist holding a volunteer's license shall not require or include the
20 administration of general anesthesia or conscious sedation to a patient unless
21 otherwise specifically approved in advance by the board.
22 (5) A volunteer's license shall be valid for that period specified for
23 dentists in section 54-920, Idaho Code, and may be renewed upon application of
24 the licensee unless the license has been revoked in accordance with this sec-
25 tion. The board shall maintain a register of all dentists who hold a
26 volunteer's license. The board shall not charge an application or licensing
27 fee for issuing or renewing a volunteer's license. A volunteer's license can-
28 not be converted to a license with active, inactive, provisional or special
29 status.
30 (6) The board may revoke a volunteer's license upon receiving proof sat-
31 isfactory to the board that the holder of a volunteer's license provided den-
32 tal services outside the permissible scope of the volunteer's license or that
33 grounds existed for enforcement or disciplinary action against the holder of a
34 volunteer's license under other sections of this chapter or the administrative
35 rules promulgated under this chapter.
36 (7) When practicing dentistry within the permissible scope of a
37 volunteer's license, the holder of a volunteer's license issued pursuant to
38 this section shall be immune from liability for any civil action arising out
39 of the provision of volunteer dental services. This section does not provide
40 or extend immunity to a holder of a volunteer's license for any acts or omis-
41 sions constituting negligence.
STATEMENT OF PURPOSE
RS 13459C1
The purpose of this proposed legislation is to amend the Idaho
Dental Practice Act (Chapter 9, Title 54, Idaho Code) by the
addition of a new Section 54-935 that would provide for a retired
dentist who satisfied the applicable licensure qualifications to be
issued a "volunteer's license." A volunteer's license would
authorize (and limit) the holder to provide dental services on a
volunteer basis (no expectation/receipt of remuneration above the
amount of actual expenses incurred) while practicing under the
auspices of specifically approved extended access oral health care
programs. A holder of a volunteer's license could not practice
outside the permissible scope of the license and could not convert
the license to another status (i.e., active, inactive, provisional
or special status). A licensee practicing within the permissible
scope of a volunteer's license would be entitled to immunity from
civil liability so long as not practicing negligently. The purpose
of the proposed legislation is to increase access to dental care
among underserved members of the public.
FISCAL IMPACT
The proposed statute provides that there will be no fees imposed in
connection with the volunteer dentist's license. As such, there
will be no fiscal impact on licensees.
CONTACT
Name: Mike Sheeley
Agency: Board of Dentistry
Phone: 334-2369
Statement of Purpose/Fiscal Impact S 1289