2004 Legislation
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SENATE BILL NO. 1292 – Dental ass’t, supervision


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Bill Status

S1292.................................................by HEALTH AND WELFARE
DENTAL ASSISTANTS - Amends existing law to provide that a dental assistant
may work under the direct, indirect or general supervision of a dentist;
and to redefine "general supervision" and "indirect supervision" to include
the supervision of dental assistants.
02/09    Senate intro - 1st rdg - to printing
02/10    Rpt prt - to Health/Wel
03/05    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 33-2-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Williams
      NAYS -- Kennedy, Werk
      Absent and excused -- None
    Floor Sponsor - Brandt
    Title apvd - to House
03/10    House intro - 1st rdg - 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 - 51-16-3
      AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Black, Block,
      Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Deal, Denney,
      Eberle, Edmunson, Ellsworth, Field(18), Field(23), Garrett, Harwood,
      Jones, Kellogg, Kulczyk, Langford, McGeachin, McKague, Meyer, Miller,
      Moyle, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Robison,
      Rydalch, Sali, Schaefer, Shepherd, Shirley, Skippen, Smith(24),
      Smylie, Snodgrass, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Andersen, Bell, Boe, Cuddy, Douglas, Eskridge, Henbest,
      Jaquet, Langhorst, Martinez, Mitchell, Naccarato, Ringo, Sayler,
      Smith(30), Stevenson
      Absent and excused -- Gagner, 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 217
         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. 1292
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
  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)  "General  supervision" is supervision of a dental assistant or dental
 35    hygienist requiring that a dentist authorize the procedure  which  is  carried
 36    out,  but  not  requiring  that a dentist be in the office when the authorized
 37    procedure is performed.
 38        (9)  "Indirect supervision" is supervision of a dental assistant or dental
 39    hygienist requiring that a dentist authorize a procedure and that a dentist be
 40    in the dental office while the procedure is  performed  by  the  assistant  or
 41    hygienist.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                           RS 13545C1
The purpose of this proposed legislation is to amend the Idaho
Dental Practice Act (Chapter 9, Title 54, Idaho Code) by the
deletion of the restriction in the existing definition of "dental
assistant" found at Idaho Code  54-903(3) which only authorized
dental assistants to practice under the direct supervision of a
dentist and to include the term "dental assistant" in the
definitions of the terms "general supervision" and "indirect
supervision" presently found at Idaho Code  54-903(8) & (9).  At
present, the Dental Practice Act only authorizes a dental assistant
to practice under the "direct supervision" of a dentist.  Direct
supervision requires that the dentist be personally present in the
dental practice and that the dentist reviews the treatment provided
by the dental assistant before the patient leaves the practice. 
Indirect supervision and general supervision require less stringent
levels of supervision of an auxiliary's work by the dentist.  The
Dental Practice Act currently authorizes a dental hygienist to
perform various permissible functions under the general, indirect
and direct supervision of a dentist.  The Board of Dentistry has
determined that at some point in the near future it will be
warranted and necessary to allow a dental assistant to perform some
permissible functions under either general or indirect levels of
supervision.  The proposed revision will provide the necessary
statutory authority for the Board of Dentistry to promulgate
administrative rules authorizing dental assistants to perform
permissible functions under varying levels of supervision.  

                         FISCAL IMPACT
There is no fiscal impact on either dental assistants or the Board
of Dentistry by reason of this proposed statutory amendment.  

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

Statement of Purpose/Fiscal Impact                   S 1292