2007 Legislation
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SENATE BILL NO. 1091 – Dentist, license revoked, when


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Bill Status

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.
      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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                                    SENATE BILL NO. 1091
                              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)  "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
  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 been finally  adjudged  guilty
 21    convicted  of a felony, or of a misdemeanor involving moral turpitude, whether
 22    such final judgment conviction shall have  been  entered  occurred  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-
 25    son demonstrates that he has been sufficiently rehabilitated  to  warrant  the
 26    public trust.
 27        A copy of the judgment of conviction, certified to be correct and final by
 28    the  clerk  or judge of the court wherein conviction was had, shall be conclu-
 29    sive evidence of such conviction, and upon the filing thereof with the  board,
 30    the revocation shall be entered without further proceedings.

Statement of Purpose / Fiscal Impact

                      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 

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