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H0410aa,aaS..........................by JUDICIARY, RULES AND ADMINISTRATION
DENTISTS - Adds to existing law to provide for the continued operation of a
dental practice by the personal representative, executor or surviving
spouse or heir of a sole proprietor deceased dentist.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Health/Wel
02/01 Rpt out - to Gen Ord
02/11 Rpt out amen - to engros
02/12 Rpt engros - 1st rdg - to 2nd rdg as amen
02/13 2nd rdg - to 3rd rdg as amen
02/18 3rd rdg as amen - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick,
Pence, Ringo(Cooke), Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
Smith(30)(Stanek), Snodgrass, Thayn, Thomas, Trail, Vander Woude,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Raybould, Stevenson
Floor Sponsor - Nielsen
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Jud
02/28 Rpt out - to 14th Ord
03/04 Rpt out amen - to 1st rdg as amen
03/05 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/07 3rd rdg as amen - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Broadsword, Gannon, Siddoway
Floor Sponsor - Darrington
Title apvd - to House
03/10 House concurred in Senate amens - to engros
03/11 Rpt engros - 1st rdg - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Block, Bock,
Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bilbao, Black, Moyle
Floor Sponsor - Luker
Title apvd - To enrol - Rpt enrol - Sp signed
03/14 Pres signed
03/17 To Governor
03/17 Governor signed
Session Law Chapter 170
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 410 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO DENTISTS; AMENDING SECTION 54-930, IDAHO CODE, TO PROVIDE FOR THE 3 CONTINUED OPERATION OF A DENTAL PRACTICE BY THE PERSONAL REPRESENTATIVE, 4 EXECUTOR OR SURVIVING SPOUSE OR HEIR OF A DECEASED DENTIST AND TO MAKE A 5 TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 54-930, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 54-930. EXCEPTIONS TO APPLICATION.OF ACT.(1)This actThe provisions of 10 this chapter shall not be construed as prohibiting a physician or surgeon, 11 duly authorized to practice as such in this state, from treating diseases of 12 the mouth or performing operations in oral surgery; nor as prohibiting persons 13 authorized by the laws of another state, territory or country to practice den- 14 tistry or dental hygiene therein, or persons teaching in approved dental or 15 dental hygiene schools, from making clinical demonstrations before meetings of 16 dentists or dental hygienists in Idaho nor as prohibiting any person from per- 17 forming merely mechanical work upon inert matter in a dental laboratory, nor 18 to prohibit students in approved dental or dental hygiene schools from prac- 19 ticing dentistry or dental hygiene therein as part of their training or educa- 20 tion. 21 (2) In the case of the death of a dentist, the provisions of this chapter 22 shall not be construed as prohibiting the personal representative, executor, 23 surviving spouse or surviving heir of the dentist, upon notification to the 24 state board of dentistry, from continuing to operate the dental practice of 25 the deceased for a period of not more than six (6) months following death. An 26 additional six (6) month period of operation shall be allowed upon approval of 27 the board pursuant to rules as adopted by the board. This exception shall only 28 apply where during such period of time there is a good faith effort being made 29 to sell the dental practice and that all the decisions pertaining to the diag- 30 nosis, care and treatment of the patients are made by a dentist licensed and 31 authorized to practice pursuant to the provisions of this chapter.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Davis Seconded by Darrington IN THE SENATE SENATE AMENDMENT TO H.B. NO. 410, As Amended 1 AMENDMENT TO SECTION 1 2 On page 1 of the engrossed bill, in line 22, following "chapter." insert: 3 "For purposes of this section, "sole proprietor dentist" means a dentist who 4 solely owns a dental practice, regardless of the type of legal entity under 5 which it is operated.". 2 Moved by Smith (24) Seconded by Clark IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 410 1 AMENDMENT TO THE BILL 2 On page 1 of the printed bill, delete lines 7 through 31 and insert: 3 "SECTION 1. That Chapter 9, Title 54, Idaho Code, be, and the same is 4 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 5 ignated as Section 54-936, Idaho Code, and to read as follows: 6 54-936. CONTINUED OPERATION OF DENTAL PRACTICE -- DEATH OF SOLE PROPRI- 7 ETOR DENTIST. In the case of the death of a sole proprietor dentist, the pro- 8 visions of this chapter shall not be construed as prohibiting the personal 9 representative, executor, surviving spouse or surviving heir of the dentist, 10 upon notification to the state board of dentistry, from continuing to operate 11 the dental practice of the deceased for a period of not more than six (6) 12 months following death. An additional six (6) month period of operation shall 13 be allowed upon approval of the board pursuant to rules as adopted by the 14 board. This exception shall only apply where during such period of time there 15 is a good faith effort being made to sell the dental practice and that all the 16 decisions pertaining to the diagnosis, care and treatment of the patients are 17 made by a dentist licensed and authorized to practice pursuant to the provi- 18 sions of this chapter.". 19 CORRECTION TO TITLE 20 On page 1, delete lines 2 through 5 and insert: 21 "RELATING TO DENTISTS; AMENDING CHAPTER 9, TITLE 54, IDAHO CODE, BY THE ADDI- 22 TION OF A NEW SECTION 54-936, IDAHO CODE, TO PROVIDE FOR THE CONTINUED 23 OPERATION OF A DENTAL PRACTICE BY THE PERSONAL REPRESENTATIVE, EXECUTOR OR 24 SURVIVING SPOUSE OR HEIR OF A DECEASED SOLE PROPRIETOR DENTIST.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 410, As Amended, As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO DENTISTS; AMENDING CHAPTER 9, TITLE 54, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 54-936, IDAHO CODE, TO PROVIDE FOR THE CONTINUED 4 OPERATION OF A DENTAL PRACTICE BY THE PERSONAL REPRESENTATIVE, EXECUTOR OR 5 SURVIVING SPOUSE OR HEIR OF A DECEASED SOLE PROPRIETOR DENTIST. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 9, Title 54, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 54-936, Idaho Code, and to read as follows: 10 54-936. CONTINUED OPERATION OF DENTAL PRACTICE -- DEATH OF SOLE PROPRI- 11 ETOR DENTIST. In the case of the death of a sole proprietor dentist, the pro- 12 visions of this chapter shall not be construed as prohibiting the personal 13 representative, executor, surviving spouse or surviving heir of the dentist, 14 upon notification to the state board of dentistry, from continuing to operate 15 the dental practice of the deceased for a period of not more than six (6) 16 months following death. An additional six (6) month period of operation shall 17 be allowed upon approval of the board pursuant to rules as adopted by the 18 board. This exception shall only apply where during such period of time there 19 is a good faith effort being made to sell the dental practice and that all the 20 decisions pertaining to the diagnosis, care and treatment of the patients are 21 made by a dentist licensed and authorized to practice pursuant to the provi- 22 sions of this chapter. For purposes of this section, "sole proprietor dentist" 23 means a dentist who solely owns a dental practice, regardless of the type of 24 legal entity under which it is operated. 2 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 410, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO DENTISTS; AMENDING CHAPTER 9, TITLE 54, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 54-936, IDAHO CODE, TO PROVIDE FOR THE CONTINUED 4 OPERATION OF A DENTAL PRACTICE BY THE PERSONAL REPRESENTATIVE, EXECUTOR OR 5 SURVIVING SPOUSE OR HEIR OF A DECEASED SOLE PROPRIETOR DENTIST. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 2. That Chapter 9, Title 54, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 54-936, Idaho Code, and to read as follows: 10 54-936. CONTINUED OPERATION OF DENTAL PRACTICE -- DEATH OF SOLE PROPRI- 11 ETOR DENTIST. In the case of the death of a sole proprietor dentist, the pro- 12 visions of this chapter shall not be construed as prohibiting the personal 13 representative, executor, surviving spouse or surviving heir of the dentist, 14 upon notification to the state board of dentistry, from continuing to operate 15 the dental practice of the deceased for a period of not more than six (6) 16 months following death. An additional six (6) month period of operation shall 17 be allowed upon approval of the board pursuant to rules as adopted by the 18 board. This exception shall only apply where during such period of time there 19 is a good faith effort being made to sell the dental practice and that all the 20 decisions pertaining to the diagnosis, care and treatment of the patients are 21 made by a dentist licensed and authorized to practice pursuant to the provi- 22 sions of this chapter.
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STATEMENT OF PURPOSE
RS 17555
This legislation changes the Code provision to a new Section 54-936
and limits this provision to a deceased sole proprietor dentist.
It provides a personal representative, executor, heir or spouse of
a deceased dentist six (6) months to allow that person to continue
operating the dental practice of the deceased to preserve the
business asset and to attempt to sell the practice. Upon approval
of the board, another six (6) months will be provided to sell the
practice, so long as a good faith effort is being made and all
diagnosis, care and treatment of the patients are made by an
authorized and licensed dentist.
FISCAL NOTE
None.
Contact:
Name: Representative Jim Clark
Phone: (208) 332-1000
Senator Denton Darrington
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 410