2004 Legislation
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SENATE BILL NO. 1289 – Dentist, volunteer, licensure


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Bill Status

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

Bill Text

  ]]]]              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
  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:
 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;
  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 / Fiscal Impact

                     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.

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

Statement of Purpose/Fiscal Impact                        S 1289