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S1091.................................................by HEALTH AND WELFARE BOARD OF DENTISTRY - Amends existing law relating to the Board of Dentistry to define "conviction"; and to revise provisions applicable to the revocation of certificates or other evidence of qualifications based upon conviction of a crime. 02/06 Senate intro - 1st rdg - to printing 02/07 Rpt prt - to Health/Wel 02/14 Rpt out - rec d/p - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/20 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- None Floor Sponsor - Bair Title apvd - to House 02/21 House intro - 1st rdg - to Health/Wel 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/12 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Chadderdon, Chavez, Chew, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Bradford, Clark Floor Sponsor - Nielsen Title apvd - to Senate 03/13 To enrol 03/14 Rpt enrol - Pres signed - Sp signed 03/15 To Governor 03/20 Governor signed Session Law Chapter 93 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1091 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE BOARD OF DENTISTRY; AMENDING SECTION 54-903, IDAHO CODE, TO 3 DEFINE "CONVICTION"; AND AMENDING SECTION 54-923, IDAHO CODE, TO REVISE 4 PROVISIONS APPLICABLE TO THE REVOCATION OF CERTIFICATES OR OTHER EVIDENCE 5 OF QUALIFICATION BASED UPON CONVICTION OF A CRIME. 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) "Conviction" or "convicted" means a finding of guilt by a judge or 14 jury, an entry of a guilty plea by a defendant and its acceptance by the 15 court, a forfeiture of a bail bond or collateral deposited to secure a 16 defendant's appearance, a judgment of conviction, a suspended sentence, proba- 17 tion, or a withheld judgment. 18 (4) "Dental assistant" is a person who need not be licensed under this 19 chapter, but who is regularly employed by a dentist at his office, who works 20 under the dentist's supervision, and is adequately trained and qualified 21 according to standards established by the board to perform the dental services 22 permitted to be performed by assistants by this chapter and applicable rules 23 of the board. 24 (45) "Dental hygienist" is a person both qualified and licensed by the 25 laws of Idaho to practice dental hygiene. 26 (56) "Dental specialist" is a dentist who limits his practice to a spe- 27 cialty recognized by the American dental association, who has graduated from a 28 board-approved postgraduate program in his specialty and is a person both 29 qualified and licensed by the laws of Idaho to practice a dental specialty. 30 (67) "Dentist" is a person both qualified and licensed by the laws of 31 Idaho to practice dentistry. 32 (78) "Direct supervision" is supervision of a dental assistant or dental 33 hygienist requiring that a dentist diagnose the condition to be treated, a 34 dentist authorize the procedure to be performed, a dentist remain in the den- 35 tal office while the procedure is performed, and that before dismissal of the 36 patient, a dentist approves the work performed by the dental assistant or den- 37 tal hygienist. 38 (89) "Extended access oral health care program" means and includes dental 39 and dental hygiene treatment and services provided as part of a program con- 40 ducted by or through a local, county, state or federal agency, hospital, long- 41 term care facility, public health district, dental or dental hygiene school, 42 tribal clinic, or migrant health center; or such other oral health care pro- 43 gram approved on an annual basis by the board and conducted by or through a 2 1 public or private entity, recognized under section 501(c)(3) of the federal 2 Internal Revenue Code, to provide free or reduced fee dental and dental 3 hygiene services to persons who, due to age, infirmity, handicap, indigence or 4 disability, are unable to receive regular dental and dental hygiene treatment 5 in a private office. 6 (910) "General supervision" is supervision of a dental assistant or den- 7 tal hygienist requiring that a dentist authorize the procedure which is car- 8 ried out, but not requiring that a dentist be in the office when the autho- 9 rized procedure is performed. 10 (101) "Indirect supervision" is supervision of a dental assistant or den- 11 tal hygienist requiring that a dentist authorize a procedure and that a den- 12 tist be in the dental office while the procedure is performed by the assistant 13 or hygienist. 14 SECTION 2. That Section 54-923, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-923. REVOCATION FOR CONVICTIONS OF CRIME. A certificate or other evi- 17 dence of qualification and right to practice dentistry, a dental specialty or 18 dental hygiene, and a license, may be revoked by the board whenever it shall 19 be shown to the board that the holder of such certificate or other evidence of 20 qualification, right to practice or license has beenfinally adjudged guilty21 convicted of a felony, or of a misdemeanor involving moral turpitude, whether 22 suchfinal judgmentconviction shall havebeen enteredoccurred before or 23 after qualification, or accrual of such right, or the issuance of such certif- 24 icate or other evidence of qualification, or of such license, unless the per-25son demonstrates that he has been sufficiently rehabilitated to warrant the26public trust.27A copy of the judgment of conviction, certified to be correct and final by28the clerk or judge of the court wherein conviction was had, shall be conclu-29sive evidence of such conviction, and upon the filing thereof with the board,30the revocation shall be entered without further proceedings.
STATEMENT OF PURPOSE RS 16474 This proposed legislation is to amend Section 54-923 of the Idaho Dental Practice Act (Chapter 9, Title 54, Idaho Code) regarding the Board of Dentistry's authorization to take disciplinary action against a license based upon a criminal conviction. The language of the existing statute is not sufficiently specific and inclusive regarding those matters that shall be considered as a criminal conviction. The proposed revision clarifies the fact that a criminal conviction can occur regardless of whether the criminal defendant received probation, a suspended sentence or a withheld judgment. This proposal also deleted antiquated language that provided for automatic revocation of a license without a due process hearing. The existing language is contrary to other provisions of the Idaho Code which require a due process hearing prior to revocation of a professional license. FISCAL NOTE There is no fiscal impact in connection with this proposed legislation. CONTACT Name: Mike Sheeley Agency: Dentistry Board Phone: 334-2369 STATEMENT OF PURPOSE/FISCAL NOTE S 1091