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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1292 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE BOARD OF DENTISTRY; AMENDING SECTION 54-903, IDAHO CODE, TO 3 PROVIDE THAT A DENTAL ASSISTANT MAY WORK UNDER THE DIRECT, INDIRECT OR 4 GENERAL SUPERVISION OF A DENTIST AND TO REDEFINE "GENERAL SUPERVISION" AND 5 "INDIRECT SUPERVISION" TO INCLUDE THE SUPERVISION OF DENTAL ASSISTANTS. 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'sdirectsupervision, 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 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. CONTACT Name: Mike Sheeley Agency: Board of Dentistry Phone: 334-2369 Statement of Purpose/Fiscal Impact S 1292