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S1092.................................................by HEALTH AND WELFARE
DENTAL HYGIENISTS - VOLUNTEER - Amends existing law relating to dentistry
to authorize the Board of Dentistry to issue a volunteer's license to a
qualified dental hygienist under certain conditions.
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 - McGee
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 - 63-0-7
AYES -- Anderson, Andrus, Barrett, Bilbao, Black, Block, Bock, Boe,
Bolz, Brackett, Bradford, 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, 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), Mr. Speaker
NAYS -- None
Absent and excused -- Bayer, Bedke, Bell, Clark, Raybould, Ring,
Wood(35)
Floor Sponsor - Loertscher
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 94
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1092
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE BOARD OF DENTISTRY; AMENDING SECTION 54-935, IDAHO CODE, TO
3 AUTHORIZE THE BOARD OF DENTISTRY TO ISSUE A VOLUNTEER'S LICENSE TO A QUAL-
4 IFIED DENTAL HYGIENIST UNDER CERTAIN CONDITIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 54-935, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 54-935. VOLUNTEER'S LICENSE -- QUALIFICATIONS -- PERMISSIBLE PRACTICE --
9 IMMUNITY FROM LIABILITY. (1) Upon application and qualification, the board may
10 issue, without examination, a volunteer's license to a dentist or dental
11 hygienist who is retired from the active practice of dentistry or dental
12 hygiene to enable the retired dentist or dental hygienist to provide dental or
13 dental hygiene services at specified locations to persons who, due to age,
14 infirmity, handicap, indigence or disability, are unable to receive regular
15 dental treatment.
16 (2) For purposes of this section, a dentist or dental hygienist previ-
17 ously holding a dental or dental hygiene license with active status in Idaho
18 or another state shall be considered to be retired if, prior to the date of
19 application for a volunteer's license, he has surrendered or allowed his
20 license with active status to expire with the intention of ceasing to actively
21 practice as a dentist or dental hygienist for remuneration, he has converted
22 his license with active status to a license with inactive status with the
23 intention of ceasing to actively practice as a dentist or dental hygienist for
24 remuneration, or he has converted his license with active or inactive status
25 to a license with retirement or similar status that proscribed the active
26 practice of dentistry or dental hygiene. A dentist or dental hygienist whose
27 dental or dental hygiene license had been restricted, suspended, revoked, sur-
28 rendered, resigned, converted, or allowed to lapse or expire as the result of
29 disciplinary action or in lieu of disciplinary action being taken shall not be
30 eligible for a volunteer's license.
31 (3) An application for a volunteer's license shall include, but not be
32 limited to, the following:
33 (a) Verification of graduation from a dental or dental hygiene school
34 accredited by the Commission on Dental Accreditation of the American Den-
35 tal Association as of the date of the applicant's graduation;
36 (b) Verification from each state board in which the applicant was
37 licensed that the applicant maintained his dental or dental hygiene
38 license in good standing without disciplinary action that restricted the
39 applicant's license or resulted in the applicant's license being placed on
40 probation, suspended, revoked or being surrendered, resigned or otherwise
41 allowed to lapse or expire in lieu of disciplinary action;
42 (c) Verification that the applicant held a dental or dental hygiene
43 license in good standing in Idaho or another state as of the date upon
2
1 which the dentist or dental hygienist became retired;
2 (d) Verification that the applicant held an active status dental or den-
3 tal hygiene license in good standing in Idaho or another state within five
4 (5) years of the date of application for a volunteer's license, provided,
5 that the board may waive the five (5) year requirement in the event that
6 the applicant demonstrates he possesses the knowledge and skills requisite
7 to the practice of dentistry or dental hygiene by successfully completing
8 such examinations as are required by the board; and
9 (e) A notarized statement from the applicant on a form prescribed by the
10 board, that the applicant will not provide any dental or dental hygiene
11 services to any person or at any location other than as permitted by this
12 section and that the applicant will not accept any amount or form of remu-
13 neration, other than as reimbursement for the amount of actual expenses
14 incurred as a volunteer dentist or dental hygienist, for any dental or
15 dental hygiene services provided under the authority of a volunteer's
16 license.
17 (4) For purposes of this section, the specified locations at which a den-
18 tist or dental hygienist holding a volunteer's license may provide dental or
19 dental hygiene services shall be limited to the premises or sites of extended
20 access oral health care programs. The dental services provided at an extended
21 access oral health care program by a dentist holding a volunteer's license
22 shall not require or include the administration of general anesthesia or con-
23 scious sedation to a patient unless otherwise specifically approved in advance
24 by the board.
25 (5) A volunteer's license shall be valid for that period specified for
26 dentists and dental hygienists in section 54-920, Idaho Code, and may be
27 renewed upon application of the licensee unless the license has been revoked
28 in accordance with this section. The board shall maintain a register of all
29 dentists and dental hygienists who hold a volunteer's license. The board shall
30 not charge an application or licensing fee for issuing or renewing a
31 volunteer's license. A volunteer's license cannot be converted to a license
32 with active, inactive, provisional or special status.
33 (6) The board may revoke a volunteer's license upon receiving proof sat-
34 isfactory to the board that the holder of a volunteer's license provided den-
35 tal or dental hygiene services outside the permissible scope of the
36 volunteer's license or that grounds existed for enforcement or disciplinary
37 action against the holder of a volunteer's license under other sections of
38 this chapter or the administrative rules promulgated under this chapter.
39 (7) When practicing dentistry or dental hygiene within the permissible
40 scope of a volunteer's license, the holder of a volunteer's license issued
41 pursuant to this section shall be immune from liability for any civil action
42 arising out of the provision of volunteer dental or dental hygiene services.
43 This section does not provide or extend immunity to a holder of a volunteer's
44 license for any acts or omissions constituting negligence.
STATEMENT OF PURPOSE
RS 16473
The purpose of this proposed legislation is to amend Section 54-
935 of the Idaho Dental Practice Act (Chapter 9, Title 54, Idaho
Code) to provide for a retired dental hygienist who satisfied
the applicable licensure requirements to be issued a
"volunteer's license" by the Board of Dentistry. A volunteer's
license would authorize the holder to provide dental hygiene
services on a volunteer basis (no remuneration in excess of
actual expenses incurred) while practicing under the auspices of
an extended access oral health care program (primarily, public
and charitable programs). A holder of a volunteer's license can
not practice outside the permissible scope of the license and
can not convert the license to another status (i.e., active,
inactive, provisional or special status). A licensee practicing
within the permissible scope of a volunteer's license is immune
from civil liability for non-negligent treatment provided to
patients.
FISCAL NOTE
There is no fiscal impact in connection the proposed
legislation. The Board of Dentistry currently issues a
volunteer's license to retired dentists. There are no fees
imposed regarding a volunteer's license.
CONTACT
Name: Mike Sheeley
Agency: Dentistry Board
Phone: 334-2369
STATEMENT OF PURPOSE/FISCAL NOTE S 1092