2007 Legislation
Print Friendly

SENATE BILL NO. 1092 – Dental hygienist, volunteer license

SENATE BILL NO. 1092

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                    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