2007 Legislation
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SENATE BILL NO. 1090 – Dental license, grounds, discipline


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Bill Status

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

Bill Text

  ]]]]              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
  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:
  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,
  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 / Fiscal Impact

                   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.

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

STATEMENT OF PURPOSE/FISCAL NOTE	                   S 1090