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S1090.................................................by HEALTH AND WELFARE
DENTISTRY - LICENSE - Amends existing law relating to the Board of
Dentistry to revise grounds for disciplinary action with respect to a
dental license or the refusal to issue or renew such license.
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 - Broadsword
Title apvd - to House
02/21 House intro - 1st rdg - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1090
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE BOARD OF DENTISTRY; AMENDING SECTION 54-924, IDAHO CODE, TO
3 REVISE GROUNDS FOR DISCIPLINARY ACTION WITH RESPECT TO A DENTAL LICENSE OR
4 THE REFUSAL TO ISSUE OR RENEW SUCH LICENSE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 54-924, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 54-924. OTHER GROUNDS OF REFUSAL, REVOCATION OR SUSPENSION OF DENTISTS --
9 PROBATION AGREEMENTS. The board may refuse to issue or renew a dental license,
10 or may revoke, suspend, place on probation, reprimand or take other disciplin-
11 ary action with respect to a dental license as the board may deem proper,
12 including administrative penalties not to exceed ten thousand dollars
13 ($10,000) per violation and assessment of the costs of disciplinary proceed-
14 ings in the event a dentist shall:
15 (1) Intentionally misstate, or fail fully to disclose, a fact material to
16 determination of fitness and qualification in an application for licensure to
17 practice dentistry, or cheat in an examination to practice dentistry; or pro-
18 cure a certificate or finding of qualification to practice dentistry or subse-
19 quently a license by false, fraudulent or deceitful means or in any other name
20 than his own true name; or
21 (2) Practice dentistry under any name other than his own true name except
22 as authorized by the provisions of the professional service corporation act,
23 Idaho business corporation act, Idaho limited partnership act, Idaho limited
24 liability company act, the assumed business names act of 1997, or other appli-
25 cable statutory provisions; or
26 (3) Practice or in any manner or by any means or at any place hold out or
27 represent himself as practicing dentistry in or under the name of, or as a
28 member, representative, agent or employee of, or in connection with, any com-
29 pany, association, or corporation, or under any trade, fictitious or business
30 name except as a sole proprietorship or as authorized by the provisions of the
31 professional service corporation act, Idaho business corporation act, Idaho
32 limited partnership act, Idaho limited liability company act, or other appli-
33 cable statutory provisions. Regardless of the form of business entity con-
34 ducted by a dentist, no person who is not duly licensed to practice dentistry
35 in this state shall have an ownership interest in any business entity engaged
36 in the practice of dentistry in this state; or
37 (4) (a) Make, or cause to be made, or assist in making, any fraudulent,
38 false, or misleading statement as to his own, or an employee's,
39 associate's, or other dentist's or dental hygienist's skill or lack of
40 skill, or method of practice; or
41 (b) Claim to practice dentistry without causing pain; or
42 (c) Claim superiority over other dentists; or
43 (d) Publish, advertise, or circulate reports, letters, certificates,
2
1 endorsements, or evidence of cures or corrections of dental conditions by
2 such dentist, his employee or associate by reason of his or their skill,
3 experience, or ability or of his or their use of any system, method, tech-
4 nique, device, drug, medicine, material, manipulation or machine; or
5 (e) Advertise the use of, or use, any system, method, technique, device,
6 drug, medicine, material or machine, which is either falsely advertised or
7 misnamed; or
8 (5) Employ any person to obtain patronage, or call or seek to call, the
9 attention of the public to him, his office, his skill, or his practice, by
10 public exhibition, use, reproduction, or representation of specimens or sam-
11 ples, of dental work, or by demonstrations in public. This shall not apply to
12 teaching in dental or dental hygiene schools, or demonstrations or exhibitions
13 before meetings of other dentists or dental hygienists; or
14 (6) Use intoxicants or drugs to such a degree as to render him unfit to
15 practice; or
16 (7) Commit malpractice, that is, to provide dental care which fails to
17 meet the standard of dental care provided by other qualified dentists in the
18 same community or similar communities, taking into account his training, expe-
19 rience and the degree of expertise to which he holds himself out to the pub-
20 lic; or
21 (8) Engage in unprofessional, unethical or immoral conduct, as defined by
22 board rules; or
23 (9) Advertise in such way as to deceive or defraud, or probably deceive
24 or defraud, the public or patrons; or
25 (10) Employ or permit any person not a dentist to practice dentistry, or
26 any person not a dentist or dental hygienist to practice dental hygiene, in
27 his office or under his control or direction; or
28 (11) Fail, neglect or refuse to keep his office or equipment, or otherwise
29 conduct his work in accordance with current state and federal laws, rules and
30 regulations; or
31 (12) Violate any other provisions of law or rules adopted by the board; or
32 (13) Falsely identify himself to the public as a specialist in a specialty
33 area of dentistry as defined by rule.
STATEMENT OF PURPOSE
RS 16492
This proposal is to amend the language of Section 54-924(3)&(4)
of the Idaho Dental Practice Act (Chapter 9, Title 54, Idaho
Code) to clarify naming and ownership standards for dental
practices. The existing language of the statute purports to
establish naming and ownership standards for all business forms
(sole proprietorship, group practice, limited liability company
and corporation) by reference to the Idaho Professional Service
Corporation Act, which only has applicability to professional
service corporations. This proposal would clarify the fact that
naming of dental practices would be in accordance with Idaho law
as applicable to the business form. This proposal also
specifies the business form by which a dental practice shall be
conducted and requires that only persons licensed and authorized
to practice dentistry in Idaho may have an ownership interest in
a dental practice.
FISCAL NOTE
There is no fiscal impact for this proposal.
CONTACT
Name: Mike Sheeley
Agency: Dentistry Board
Phone: 334-2369
STATEMENT OF PURPOSE/FISCAL NOTE S 1090