Idaho S 1062: DENTISTS – Amends existing law to provide for dental therapists.

Bill Text

LEGISLATURE OF THE STATE OF IDAHO
Sixty-fifth Legislature First Regular Session - 2019
IN THE SENATE
SENATE BILL NO. 1062
BY HEALTH AND WELFARE COMMITTEE
AN ACT1
RELATING TO DENTISTS; AMENDING SECTION 54-900, IDAHO CODE, TO PROVIDE FOR2
DENTAL THERAPISTS; AMENDING CHAPTER 9, TITLE 54, IDAHO CODE, BY THE AD-3
DITION OF A NEW SECTION 54-902A, IDAHO CODE, TO DEFINE A TERM; AMENDING4
SECTION 54-903, IDAHO CODE, TO DEFINE A TERM AND TO REVISE DEFINITIONS;5
AMENDING CHAPTER 9, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SEC-6
TION 54-906A, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING THE UNLAW-7
FUL PRACTICE OF DENTAL THERAPY; AMENDING SECTION 54-912, IDAHO CODE, TO8
PROVIDE FOR DENTAL THERAPY; AMENDING SECTION 54-913, IDAHO CODE, TO RE-9
VISE PROVISIONS REGARDING CERTIFICATES OF QUALIFICATION AND LICENSES;10
AMENDING SECTION 54-915, IDAHO CODE, TO PROVIDE FOR THE QUALIFICATIONS11
REQUIRED OF DENTAL THERAPISTS; AMENDING SECTION 54-916, IDAHO CODE,12
TO PROVIDE FOR DENTAL THERAPISTS; AMENDING CHAPTER 9, TITLE 54, IDAHO13
CODE, BY THE ADDITION OF A NEW SECTION 54-916C, IDAHO CODE, TO PROVIDE14
FOR DENTAL THERAPY LICENSURE BY CREDENTIALS; AMENDING SECTION 54-918,15
IDAHO CODE, TO REVISE PROVISIONS REGARDING EXAMINATIONS; AMENDING SEC-16
TION 54-920, IDAHO CODE, TO PROVIDE FOR LICENSING AND LICENSE FEES FOR17
DENTAL THERAPISTS; AMENDING SECTION 54-922, IDAHO CODE, TO REQUIRE18
DISPLAY OF A DENTAL THERAPY LICENSE; AMENDING SECTION 54-923, IDAHO19
CODE, TO PROVIDE FOR REVOCATION OF A DENTAL THERAPY LICENSE; AMENDING20
SECTION 54-924, IDAHO CODE, TO REVISE PROVISIONS REGARDING GROUNDS OF21
REFUSAL, REVOCATION, OR SUSPENSION OF DENTISTS; AMENDING CHAPTER 9, TI-22
TLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-926, IDAHO CODE,23
TO PROVIDE GROUNDS FOR REVOCATION OR SUSPENSION OF DENTAL THERAPISTS;24
AMENDING SECTION 54-930, IDAHO CODE, TO PROVIDE EXCEPTIONS AND TO MAKE25
TECHNICAL CORRECTIONS; AMENDING SECTION 54-932, IDAHO CODE, TO PROVIDE26
REQUIREMENTS FOR LOST OR DESTROYED DENTAL THERAPIST CERTIFICATES OR LI-27
CENSES; AND AMENDING SECTION 54-935, IDAHO CODE, TO PROVIDE FOR DENTAL28
THERAPISTS AND TO MAKE TECHNICAL CORRECTIONS.29
Be It Enacted by the Legislature of the State of Idaho:30
SECTION 1. That Section 54-900, Idaho Code, be, and the same is hereby31
amended to read as follows:32
54-900. PURPOSE. Recognizing that the practice of dentistry, dental33
therapy, and dental hygiene is a privilege granted by the state of Idaho and34
is not a natural right of individuals, the purpose of this chapter is to as-35
sure the public health, safety and welfare in the state by the licensure and36
regulation of dentists, dental therapists, and dental hygienists.37
SECTION 2. That Chapter 9, Title 54, Idaho Code, be, and the same is38
hereby amended by the addition thereto of a NEW SECTION, to be known and des-39
ignated as Section 54-902A, Idaho Code, and to read as follows:40

2
54-902A. DEFINITION -- PRACTICE OF DENTAL THERAPY. The practice of1
dental therapy is the doing by one (1) person for a direct or indirect con-2
sideration of one (1) or more of the following with respect to the teeth3
or dental health of another person, namely, identifying oral and systemic4
conditions, performing dental prophylaxis, dispensing and administering5
nonnarcotic analgesics, anti-inflammatory and antibiotic medications as6
prescribed by a licensed dentist, applying preventive agents, preparation7
and placement of direct restorations in primary and permanent teeth, indi-8
rect and direct pulp capping on permanent teeth, indirect pulp capping on9
primary teeth, and such other dental services as specified by the supervis-10
ing dentist and for which the dental therapist is trained unless prohibited11
by the board in its adopted rules.12
SECTION 3. That Section 54-903, Idaho Code, be, and the same is hereby13
amended to read as follows:14
54-903. GENERAL DEFINITIONS. As used in this chapter:15
(1) "Association" means the Idaho state dental association and the16
Idaho dental hygienists' association.17
(2) "Board" means the state board of dentistry.18
(3) "Conviction" or "convicted" means a finding of guilt by a judge19
or jury, an entry of a guilty plea by a defendant and its acceptance by20
the court, a forfeiture of a bail bond or collateral deposited to secure a21
defendant's appearance, a judgment of conviction, a suspended sentence,22
probation, a withheld judgment, or a finding of guilt under the uniform code23
of military justice.24
(4) "Dental assistant" is a person who need not be licensed under this25
chapter, but who is regularly employed at a dental office, who works under26
a dentist's supervision, and is adequately trained and qualified according27
to standards established by the board to perform the dental services permit-28
ted to be performed by assistants by this chapter and applicable rules of the29
board.30
(5) "Dental hygienist" is a person both qualified and licensed by the31
laws of Idaho to practice dental