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SENATE BILL NO. 1091
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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.
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
]]]] 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
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
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 (1 01) "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
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.
There is no fiscal impact in connection with this proposed
Name: Mike Sheeley
Agency: Dentistry Board
STATEMENT OF PURPOSE/FISCAL NOTE S 1091