2008 Legislation
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HOUSE BILL NO. 410<br /> – Dental practice, dentist deceased

HOUSE BILL NO. 410

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Bill Status



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

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN 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 act The 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.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved 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.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN 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.

Statement of Purpose / Fiscal Impact


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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