2006 Legislation
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SENATE BILL NO. 1343 – Dentistry, licenses

SENATE BILL NO. 1343

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Bill Status



S1343.................................................by HEALTH AND WELFARE
DENTISTRY - Amends, adds to and repeals existing law to revise definitions;
to remove references to annual licensing; to provide for licensing of
certain persons by the State Board of Dentistry; to provide for license
fees and procedures for the renewal of licenses; to provide procedures for
those who fail to properly submit completed renewal applications and
license fees; to provide fees and procedures for the return of unpaid
checks or other payments; to provide license classes; to provide conditions
for the issuance of licenses; to provide procedures for the conversion of
licenses; to provide notification to the Board of Dentistry of certain
changes; to provide for the reinstatement of persons whose licenses have
expired for failure to comply with license renewal requirements; and to
require display or immediate production of a license for the time period of
practice.
                                                                        
02/02    Senate intro - 1st rdg - to printing
02/03    Rpt prt - to Health/Wel
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/14    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Broadsword
    Title apvd - to House
02/15    House intro - 1st rdg - to Health/Wel
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 65-0-5
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Cannon,
      Chadderdon, Clark, Collins, Crow, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Bradford, Deal, Field(23), Smith(24), Trail
    Floor Sponsor - Shepherd(8)
    Title apvd - to Senate
03/27    To enrol
03/28    Rpt enrol - Pres signed
03/29    Sp signed
03/30    To Governor
03/31    Governor signed
         Session Law Chapter 285
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1343
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BOARD OF DENTISTRY; AMENDING SECTION 54-903,  IDAHO  CODE,  TO
  3        REVISE  DEFINITIONS  AND  TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS
  4        54-913 AND 54-919, IDAHO CODE, TO REMOVE REFERENCE  TO  ANNUAL  LICENSING;
  5        REPEALING  SECTION 54-920, IDAHO CODE; AMENDING CHAPTER 9, TITLE 54, IDAHO
  6        CODE, BY THE ADDITION OF A NEW SECTION 54-920, IDAHO CODE, TO PROVIDE  FOR
  7        THE  LICENSING OF CERTAIN PERSONS BY THE STATE BOARD OF DENTISTRY, TO PRO-
  8        VIDE FOR LICENSE FEES, TO PROVIDE PROCEDURES FOR THE RENEWAL OF  LICENSES,
  9        TO  PRESCRIBE  PROCEDURES  FOR THOSE WHO FAIL TO PROPERLY SUBMIT COMPLETED
 10        RENEWAL APPLICATIONS AND LICENSE FEES, TO PRESCRIBE  FEES  AND  PROCEDURES
 11        FOR RETURN OF AN UNPAID CHECK OR OTHER PAYMENT, TO PROVIDE DEFINITIONS FOR
 12        LICENSE  CLASSES,  TO  PROVIDE  DISCRETION AND RULEMAKING AUTHORITY TO THE
 13        BOARD AND CONDITIONS FOR THE ISSUANCE OF LICENSE CLASSES, TO  PROVIDE  FOR
 14        THE  CONVERSION  OF CERTAIN LICENSES, TO REQUIRE NOTIFICATION TO THE BOARD
 15        OF CERTAIN CHANGES AND TO IMPOSE A TIME LIMIT FOR  NOTIFICATION;  AMENDING
 16        SECTION  54-921,  IDAHO  CODE, TO PROVIDE FOR THE REINSTATEMENT OF CERTAIN
 17        PERSONS WHOSE LICENSES HAVE EXPIRED FOR FAILURE  TO  COMPLY  WITH  LICENSE
 18        RENEWAL REQUIREMENTS; AMENDING SECTION 54-922, IDAHO CODE, TO REQUIRE DIS-
 19        PLAY OR IMMEDIATE PRODUCTION OF A LICENSE FOR THE TIME PERIOD OF PRACTICE;
 20        AND  AMENDING  SECTIONS  54-923, 54-924, 54-925 AND 54-932, IDAHO CODE, TO
 21        REMOVE REFERENCE TO ANNUAL LICENSING.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION 1.  That Section 54-903, Idaho Code, be, and the  same  is  hereby
 24    amended to read as follows:
                                                                        
 25        54-903.  GENERAL DEFINITIONS. As used in this chapter:
 26        (1)  "Association"  means the Idaho state dental association and the Idaho
 27    dental hygienists' association.
 28        (2)  "Board" means the state board of dentistry.
 29        (3)  "Dental assistant" is a person who need not be  licensed  under  this
 30    chapter,  but  who is regularly employed by a dentist at his office, who works
 31    under the dentist's supervision,  and  is  adequately  trained  and  qualified
 32    according to standards established by the board to perform the dental services
 33    permitted  to  be performed by assistants by this chapter and applicable rules
 34    of the board.
 35        (4)  "Dental hygienist" is a person both qualified and  annually  licensed
 36    by the laws of Idaho to practice dental hygiene.
 37        (5)  "Dental  specialist"  is  a dentist who limits his practice to a spe-
 38    cialty recognized by the American dental association, who has graduated from a
 39    board-approved post-graduate postgraduate program in his specialty  and  is  a
 40    person both qualified and annually licensed by the laws of Idaho to practice a
 41    dental specialty.
 42        (6)  "Dentist"  is  a  person  both qualified and annually licensed by the
 43    laws of Idaho to practice dentistry.
                                                                        
                                           2
                                                                        
  1        (7)  "Direct supervision" is supervision of a dental assistant  or  dental
  2    hygienist  requiring  that  a  dentist diagnose the condition to be treated, a
  3    dentist authorize the procedure to be performed, a dentist remain in the  den-
  4    tal office while the procedure is performed,  and that before dismissal of the
  5    patient, a dentist approves the work performed by the dental assistant or den-
  6    tal hygienist.
  7        (8)  "Extended  access oral health care program" means and includes dental
  8    and dental hygiene treatment and services provided as part of a  program  con-
  9    ducted by or through a local, county, state or federal agency, hospital, long-
 10    term  care  facility, public health district, dental or dental hygiene school,
 11    tribal clinic, or migrant health center; or such other oral health  care  pro-
 12    gram  approved  on  an annual basis by the board and conducted by or through a
 13    public or private entity, recognized under section 501(c)(3)  of  the  federal
 14    Internal  Revenue  Code,  to  provide  free  or  reduced fee dental and dental
 15    hygiene services to persons who, due to age, infirmity, handicap, indigence or
 16    disability, are unable to receive regular dental and dental hygiene  treatment
 17    in a private office.
 18        (9)  "General  supervision" is supervision of a dental assistant or dental
 19    hygienist requiring that a dentist authorize the procedure  which  is  carried
 20    out,  but  not  requiring  that a dentist be in the office when the authorized
 21    procedure is performed.
 22        (10) "Indirect supervision" is supervision of a dental assistant or dental
 23    hygienist requiring that a dentist authorize a procedure and that a dentist be
 24    in the dental office while the procedure is  performed  by  the  assistant  or
 25    hygienist.
                                                                        
 26        SECTION  2.  That  Section  54-913, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        54-913.  CERTIFICATES -- LICENSES --  RECORDS.  (1)  All  certificates  of
 29    qualification to practice dentistry or dental hygiene, and all annual licenses
 30    shall be issued by the board in the name of the board, with the seal attached.
 31        (2)  The  board  shall  keep  a  record of all applicants for licensure to
 32    qualify as a dentist or dental hygienist, of applicants rejected  on  applica-
 33    tion or examination with the reason for rejection, of certificates of qualifi-
 34    cation and of annual licenses issued, and of dentists and dental hygienists.
                                                                        
 35        SECTION  3.  That  Section  54-919, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        54-919.  CHEATING. In the event the board finds prior to the issuance of a
 38    certificate of qualification that an applicant, whether  or  not  receiving  a
 39    passing  grade in the examination, has made any false statement with intent to
 40    mislead or deceive the board or its members  in  or  in  connection  with  his
 41    application,  or has cheated or attempted to cheat in examination, such appli-
 42    cant shall be denied a certificate of qualification and shall be  notified  in
 43    writing  with  the  reasons,  the facts and the date and means of notification
 44    shall be recorded by the board.
 45        In the event of such finding, subsequent to the issuance of a  certificate
 46    of qualification, proceedings may be maintained to revoke such certificate and
 47    any annual license outstanding, on such ground.
                                                                        
 48        SECTION  4.  That  Section  54-920, Idaho Code, be, and the same is hereby
 49    repealed.
                                                                        
                                           3
                                                                        
  1        SECTION 5.  That Chapter 9, Title 54, Idaho Code,  be,  and  the  same  is
  2    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  3    ignated as Section 54-920, Idaho Code, and to read as follows:
                                                                        
  4        54-920.  LICENSING -- LICENSE FEES -- BIENNIAL RENEWAL OF LICENSES -- LATE
  5    FEES AND RETURNED CHECKS -- CLASSIFICATIONS OF LICENSES -- RIGHTS OF LICENSEES
  6    -- NOTIFICATION OF CHANGE OF ADDRESS. (1) Each person determined by the  board
  7    as  qualified  for licensure under this chapter shall pay the prescribed bien-
  8    nial license fee to the board prior to issuance of a license. Unless otherwise
  9    specified on a license, licenses issued by the board shall  be  effective  for
 10    the  biennial licensing period specified in this section. The biennial licens-
 11    ing period for dental licenses shall be a two (2) year period from  October  1
 12    of  each  even-numbered  calendar  year to September 30 of the next successive
 13    even-numbered calendar year. The biennial licensing period for dental  hygiene
 14    licenses shall be a two (2) year period from April 1 of each odd-numbered cal-
 15    endar  year  to  March  31  of the next successive odd-numbered calendar year.
 16    Unless otherwise specified on a license, any license issued during a  biennial
 17    licensing  period shall be effective until the beginning date of the next suc-
 18    cessive biennial licensing period and the board may prorate the amount of  the
 19    license  fee from the date of issuance of the license until the beginning date
 20    of the next applicable biennial licensing period  at  the  discretion  of  the
 21    board. A license issued by the board shall expire unless renewed in the manner
 22    specified in this section.
 23        (2)  The  nonrefundable biennial license fees shall be fixed by the board,
 24    but shall not exceed the following amounts:
 25        (a)  Four hundred dollars ($400) for a dentist with an active status;
 26        (b)  Two hundred dollars ($200) for a dentist with an inactive status;
 27        (c)  Two hundred twenty dollars ($220) for  a  dental  hygienist  with  an
 28        active status;
 29        (d)  One  hundred  twelve  dollars  ($112)  for a dental hygienist with an
 30        inactive status;
 31        (e)  Four hundred dollars ($400) for a dentist with a  specialist  status;
 32        or
 33        (f)  Twenty  dollars  ($20.00)  for  a  dentist or dental hygienist with a
 34        retirement status.
 35        (3)  A license issued by the board shall be renewed as prescribed in  this
 36    section.  Prior  to  the  expiration of the effective period of a license, the
 37    board shall mail a renewal application to the licensee's address of record  on
 38    file  with  the board. To renew a dental license, each licensee shall submit a
 39    properly completed renewal application and the  appropriate  biennial  license
 40    fee  to  the board prior to September 30 of every even-numbered calendar year.
 41    To renew a dental hygiene license, each licensee shall submit a properly  com-
 42    pleted  renewal  application  and  the appropriate biennial license fee to the
 43    board prior to March 31 of each  odd-numbered  calendar  year.  Each  licensee
 44    determined  by the board as qualified for renewal of a license shall be issued
 45    a license for the applicable biennial licensing period.
 46        (4)  The following procedure shall be followed by the board for all licen-
 47    sees who fail to submit a properly completed renewal application and appropri-
 48    ate biennial license fee on or before the expiration of the  effective  period
 49    of a license. A license that expires by reason of a licensee's failure to sat-
 50    isfy  the  renewal  requirements  shall not be considered to be a disciplinary
 51    action by the board and shall result in  the  termination  of  the  licensee's
 52    right to practice dentistry or dental hygiene in the state.
 53        (a)  The  board  shall  mail a notice of failure to renew a license to the
 54        licensee's address; and
                                                                        
                                           4
                                                                        
  1        (b)  The notice of failure to renew a license shall  advise  the  licensee
  2        that he has failed to comply with the board's license renewal requirements
  3        and that a failure to submit a properly completed renewal application, the
  4        appropriate  biennial  license  fee  and  a fifty dollar ($50.00) late fee
  5        within thirty (30) days of the date upon  which  the  board's  notice  was
  6        mailed shall result in the expiration of his license.
  7        (5)  Any person who delivers a check or other payment to the board that is
  8    returned  to  the  board unpaid by the financial institution upon which it was
  9    drawn shall pay to the board as an administrative cost,  in  addition  to  any
 10    other  amount owing, the amount of fifty dollars ($50.00). Following notifica-
 11    tion by the board of the returned check or other  payment,  the  person  shall
 12    make  payment  of  all  moneys  owing to the board by certified check or money
 13    order within thirty (30) days of the date of notification. A failure to submit
 14    the necessary remittance within the thirty (30) day period may result  in  the
 15    expiration  of  a license or constitute grounds for the board to deny, cancel,
 16    suspend or revoke a license.
 17        (6)  The board of dentistry may issue different  classes  of  licenses  as
 18    defined in this subsection.
 19        (a)  The  term  "license with active status" means a license issued by the
 20        board to a qualified person who is authorized to be an active practitioner
 21        of dentistry or dental hygiene in the state of Idaho. A person's right  to
 22        be  issued and maintain a license with active status shall not be affected
 23        by any absence, not exceeding two (2) years, from active practice in Idaho
 24        by reason of illness or vacation. A person's right to be issued and  main-
 25        tain  a  license  with  active status shall not be affected by any absence
 26        from active practice in Idaho for any period while serving on active  duty
 27        in  the  armed  forces  of the United States, while employed in the United
 28        States public health service or United States veterans administration,  or
 29        while  enrolled in board-approved postgraduate educational courses, either
 30        within or without the state of Idaho. Each applicant or licensee  request-
 31        ing  an  active  status  license must state that he intends to fulfill the
 32        requirements for that status.
 33        (b)  The term "license with an inactive status" means a license issued  by
 34        the  board  to  a  qualified  person who is not authorized to be an active
 35        practitioner of dentistry or dental hygiene in the state of Idaho. A  per-
 36        son  issued  a license with an inactive status is not entitled to practice
 37        dentistry or dental hygiene in the state of Idaho.
 38        (c)  The terms "license with special status" and "license with provisional
 39        status" mean licenses issued by the board to a qualified person on a  pro-
 40        visional,  conditional,  restricted  or  limited  basis under the terms of
 41        which the licensee is authorized to practice dentistry or  dental  hygiene
 42        in  the state of Idaho subject to conditions, limitations and requirements
 43        imposed by the board. The conditions, limitations and requirements imposed
 44        by the board may include, but are not limited  to,  a  limitation  on  the
 45        effective  period  of  the license, a requirement that specific conditions
 46        must be fulfilled in order for the license to remain effective, a require-
 47        ment that specified education, examinations and skills testing be success-
 48        fully completed during the effective period of the license, a  restriction
 49        on  the  scope  of permissible services that the licensee is authorized to
 50        perform, a restriction on the type of patients for whom treatment  may  be
 51        rendered and a restriction on the locations at which the licensee can per-
 52        form authorized services.
 53        (d)  The term "license with retirement status" means a license issued to a
 54        person  who  was  previously  licensed as a dentist or dental hygienist in
 55        Idaho who no longer intends to practice dentistry  or  dental  hygiene.  A
                                                                        
                                           5
                                                                        
  1        license with retirement status does not permit the holder to practice den-
  2        tistry or dental hygiene in the state of Idaho.  A license with retirement
  3        status  cannot  be  converted  to a license with active or inactive status
  4        other than by filing  an  application  for  licensure  and  qualifying  as
  5        required of a first time applicant.
  6        (7)  (a)  The  board  may issue a license with active status to any quali-
  7        fied applicant or qualified licensee who is an active practitioner of den-
  8        tistry or dental hygiene in the state of Idaho or  who  signifies  to  the
  9        board in writing that, upon issuance of an initial license or renewal of a
 10        biennial  license,  he  intends to be an active practitioner in this state
 11        within two (2) years. Renewal of a license  with  active  status  requires
 12        compliance with requirements as determined by the board.
 13        (b)  The  board  may issue a license with inactive status to any qualified
 14        person who fulfilled the licensure requirements but, for  any  reason,  is
 15        not  eligible  for a license with active status. Renewal of a license with
 16        inactive status requires compliance with requirements as determined by the
 17        board.
 18        (c)  The board may issue a license with provisional status or special sta-
 19        tus to any person who fulfills, or substantially fulfills, the  applicable
 20        licensure  requirements  when  the board, acting in its discretion, deter-
 21        mined that special circumstances existed which, for the protection of  the
 22        public  health,  safety  and  welfare,  required that specific conditions,
 23        restrictions or limitations be imposed on the license. A license with spe-
 24        cial status or provisional status entitles the holder thereof to  practice
 25        dentistry  or  dental  hygiene in the state of Idaho subject to the condi-
 26        tions, restrictions and limitations specifically determined by  the  board
 27        and  for the period of time prescribed. A provisional license is effective
 28        for the period specified by the board and may not be  renewed.  The  board
 29        shall  develop  rules  to  include  definitions,  application  and renewal
 30        requirements, limitations of practice and other conditions regarding  pro-
 31        visional and special status licenses.
 32        (d)  The  board  may  convert  a license with inactive status to a license
 33        with active status in the event the holder pays the license fee prescribed
 34        for licenses with active status and submits to the board satisfactory evi-
 35        dence of:
 36             (i)   Compliance with the requirements of this chapter and all  rules
 37             promulgated under the provisions of this chapter;
 38             (ii)  Evidence of good moral character and good professional conduct;
 39             and
 40             (iii) Evidence  of one thousand (1,000) hours of clinical practice of
 41             dentistry or dental hygiene during the  previous  two  (2)  years  or
 42             full-time  employment  as a dental or dental hygiene instructor at an
 43             American dental  association  accredited  dental  or  dental  hygiene
 44             school.
 45        (e)  Persons  unable  to otherwise fully meet the requirements for conver-
 46        sion of an inactive status license to an active status license may convert
 47        their license upon board approval.
 48        (8)  Each person licensed under this chapter shall  notify  the  board  in
 49    writing  of any change in the person's name or address of record within thirty
 50    (30) days after the change has taken place.
                                                                        
 51        SECTION 6.  That Section 54-921, Idaho Code, be, and the  same  is  hereby
 52    amended to read as follows:
                                                                        
 53        54-921.  REINSTATEMENT.  A  person  whose  license  has  been suspended or
                                                                        
                                           6
                                                                        
  1    revoked expired for nonpayment of the required license fee  failure  to  fully
  2    comply  with the board's license renewal requirements may have such qualifica-
  3    tion reinstated by filing an application for licensure showing  possession  by
  4    him  of  the  qualifications  required of a first applicant for licensure, and
  5    additionally the fact, time and cause of cancellation of his previous qualifi-
  6    cation. He shall pay to the board an application fee in  the  same  amount  as
  7    prescribed  by  the  board under the provisions of section 54-916, Idaho Code,
  8    which fee shall not be refunded. If found qualified as in the case of a  first
  9    applicant for licensure, he may be required to take and pass such examinations
 10    as, in the discretion of the board, shall show that he possesses the knowledge
 11    and skill requisite to the practice of dentistry or dental hygiene as the case
 12    may  be. In the event he passes such examinations there shall be issued to him
 13    a certificate of qualification.
                                                                        
 14        SECTION 7.  That Section 54-922, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        54-922.  DISPLAY  OF ANNUAL LICENSE. No person shall practice dentistry or
 17    dental hygiene unless he either has on display in his office an unrevoked  and
 18    unsuspended annual license for the year time period in which he shall practice
 19    or has the same immediately producible upon request.
                                                                        
 20        SECTION  8.  That  Section  54-923, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        54-923.  REVOCATION FOR CONVICTIONS OF CRIME. A certificate or other  evi-
 23    dence  of qualification and right to practice dentistry, a dental specialty or
 24    dental hygiene, and an annual a license, may be revoked by the board  whenever
 25    it  shall  be  shown to the board that the holder of such certificate or other
 26    evidence of qualification, right to  practice  or  license  has  been  finally
 27    adjudged  guilty  of  a felony, or of a misdemeanor involving moral turpitude,
 28    whether such final judgment shall have been entered before or after qualifica-
 29    tion, or accrual of such right, or the issuance of such certificate  or  other
 30    evidence of qualification, or of such annual license, unless the person demon-
 31    strates  that  he  has  been  sufficiently rehabilitated to warrant the public
 32    trust.
 33        A copy of the judgment of conviction, certified to be correct and final by
 34    the clerk or judge of the court wherein conviction was had, shall  be  conclu-
 35    sive  evidence of such conviction, and upon the filing thereof with the board,
 36    the revocation shall be entered without further proceedings.
                                                                        
 37        SECTION 9.  That Section 54-924, Idaho Code, be, and the  same  is  hereby
 38    amended to read as follows:
                                                                        
 39        54-924.  OTHER GROUNDS OF REFUSAL, REVOCATION OR SUSPENSION OF DENTISTS --
 40    PROBATION AGREEMENTS. The board may refuse to issue or renew a dental license,
 41    or may revoke, suspend, place on probation, reprimand or take other disciplin-
 42    ary  action  with  respect  to  a dental license as the board may deem proper,
 43    including administrative  penalties  not  to  exceed    ten  thousand  dollars
 44    ($10,000)  per  violation and assessment of the costs of disciplinary proceed-
 45    ings in the event a dentist shall:
 46        (1)  Intentionally misstate, or fail fully to disclose, a fact material to
 47    determination of fitness and qualification in an application for licensure  to
 48    practice  dentistry, or cheat in an examination to practice dentistry; or pro-
 49    cure a certificate or finding of qualification to practice dentistry or subse-
                                                                        
                                           7
                                                                        
  1    quently an annual a license by false, fraudulent or deceitful means or in  any
  2    other name than his own true name; or
  3        (2)  Practice dentistry under any name other than his own true name except
  4    as  authorized  by the provisions of the professional service corporation act;
  5    or
  6        (3)  Practice or in any manner or by any means or at any place hold out or
  7    represent himself as practicing dentistry in or under the name  of,  or  as  a
  8    member,  representative, agent or employee of, or in connection with, any com-
  9    pany, association, or corporation, or under any trade, fictitious or  business
 10    name except as authorized by the provisions of the professional service corpo-
 11    ration act; or
 12        (4)  (a)  Make,  or cause to be made, or assist in making, any fraudulent,
 13        false,  or  misleading  statement  as  to  his  own,  or  an   employee's,
 14        associate's,  or  other  dentist's  or dental hygienist's skill or lack of
 15        skill, or method of practice; or
 16        (b)  Claim to practice dentistry without causing pain; or
 17        (c)  Claim superiority over other dentists; or
 18        (d)  Publish, advertise,  or  circulate  reports,  letters,  certificates,
 19        endorsements,  or evidence of cures or corrections of dental conditions by
 20        such dentist, his employee or associate by reason of his or  their  skill,
 21        experience, or ability or of his or their use of any system, method, tech-
 22        nique, device, drug, medicine, material, manipulation or machine; or
 23        (e)  Advertise  the use of, or use, any system, method, technique, device,
 24        drug, medicine, material or machine, which is either falsely advertised or
 25        misnamed; or
 26        (5)  Employ any person to obtain patronage, or call or seek to  call,  the
 27    attention  of  the  public  to him, his office, his skill, or his practice, by
 28    public exhibition, use, reproduction, or representation of specimens  or  sam-
 29    ples,  of dental work, or by demonstrations in public. This shall not apply to
 30    teaching in dental or dental hygiene schools, or demonstrations or exhibitions
 31    before meetings of other dentists or dental hygienists; or
 32        (6)  Use intoxicants or drugs to such a degree as to render him  unfit  to
 33    practice; or
 34        (7)  Commit  malpractice,  that  is, to provide dental care which fails to
 35    meet the standard of dental care provided by other qualified dentists  in  the
 36    same community or similar communities, taking into account his training, expe-
 37    rience  and  the degree of expertise to which he holds himself out to the pub-
 38    lic; or
 39        (8)  Engage in unprofessional, unethical or immoral conduct, as defined by
 40    board rules; or
 41        (9)  Advertise in such way as to deceive or defraud, or  probably  deceive
 42    or defraud, the public or patrons; or
 43        (10) Employ  or  permit any person not a dentist to practice dentistry, or
 44    any person not a dentist or dental hygienist to practice  dental  hygiene,  in
 45    his office or under his control or direction; or
 46        (11) Fail, neglect or refuse to keep his office or equipment, or otherwise
 47    conduct  his work in accordance with current state and federal laws, rules and
 48    regulations; or
 49        (12) Violate any other provisions of law or rules adopted by the board; or
 50        (13)  Falsely identify himself to the public as a  specialist  in  a  spe-
 51    cialty area of dentistry as defined by rule.
                                                                        
 52        SECTION  10.  That  Section 54-925, Idaho Code, be, and the same is hereby
 53    amended to read as follows:
                                                                        
                                           8
                                                                        
  1        54-925.  OTHER GROUNDS OF REVOCATION OR SUSPENSION OF DENTAL HYGIENISTS --
  2    PROBATION AGREEMENTS. The certificate or other evidence of qualification,  and
  3    the  right  to  practice  dental  hygiene and the annual license of any dental
  4    hygienist may be revoked, suspended or otherwise conditioned by the  board  in
  5    the event such dental hygienist shall do, in respect to the practice of dental
  6    hygiene, or as a dental hygienist, any of the things or acts set forth in sec-
  7    tion  54-924,  Idaho  Code; Provided, however, that notwithstanding any provi-
  8    sions of section 54-924, Idaho Code, a dental  hygienist  shall  not  practice
  9    otherwise  than  as  provided  in section 54-904, Idaho Code, and his doing so
 10    shall be an additional ground for revocation, suspension, or other  conditions
 11    as determined by the board.
 12        The  board  may  refuse to issue or renew a dental hygiene license, or may
 13    revoke, suspend, place on probation,  reprimand  or  take  other  disciplinary
 14    action  with respect to a dental hygiene license as the board may deem proper,
 15    including  administrative  penalties  not  to  exceed  five  thousand  dollars
 16    ($5,000) per violation and assessment of the costs  of  disciplinary  proceed-
 17    ings.
                                                                        
 18        SECTION  11.  That  Section 54-932, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
                                                                        
 20        54-932.  LOST OR DESTROYED CERTIFICATES OR LICENSES. If the certificate of
 21    qualification or the annual license of a dentist or dental hygienist  be  lost
 22    or  destroyed,  and  such  fact  appear by affidavit of such dentist or dental
 23    hygienist filed with the board together with a fee of  ten  dollars  ($10.00),
 24    the board shall issue a duplicate.

Statement of Purpose / Fiscal Impact


                                
                      STATEMENT OF PURPOSE
                                
                            RS 15380
                                
The purpose of this proposed legislation is to provide authorization 
for the Board of Dentistry to renew professional licenses issued to 
dentists and dental hygienists on a biennial basis.  At present, the 
Board of Dentistry renews approximately 2,700 professional licenses 
on an annual basis (dental hygienists on April 1st and dentists on 
October 1st of each year).  The proposed legislation would provide 
for the renewal of dental hygiene licenses in each odd numbered year
and for the renewal of dental licenses in each even numbered year.  
The reduction in license renewal cycles to one (1) per year by means 
of biennial licensing would reduce the amount of staff time required 
to process renewals and would reduce printing and mailing costs.  The
proposed legislation does not increase the amount of the licensees' 
renewal application fees or the amount of continuing education credits 
required for license renewal.  Revisions to the Board of Dentistry's 
administrative rules will also be necessary to accomplish biennial 
licensing.


          
                          FISCAL NOTE

The Board of Dentistry is a dedicated fund agency that receives no 
monies from the general fund. The proposed legislation does not result 
in either an increase to the Board of Dentistry's receipts from license 
renewals or an increase to the renewal fees paid by licensees.



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

STATEMENT OF PURPOSE/FISCAL NOTE                              S 1343