T54CH9
Title 54 > T54CH9
Sections (35)
54-900
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-900. Purpose. Recognizing that the practice of dentistry, dental therapy, and dental hygiene is a privilege granted by the state of Idaho and is not a natural right of individuals, the purpose of this chapter is to assure the public health, safety and welfare in the state by the licensure and regulation of dentists, dental therapists, and dental hygienists. History: [54-900, added 1991, ch. 147, sec. 1, p. 347; am. 2019, ch. 221, sec. 1, p. 669.]
54-901
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-901. Definition — Practice of dentistry. The practice of dentistry is the doing by one (1) person, for a direct or indirect consideration, of one or more of the following with respect to the teeth, gums, alveolar process, jaws, or adjacent tissues of another person, namely: Examining for diagnosis, treatment, extraction, repair, replacement, substitution, or correction; Diagnosing of disease, pain, injury, deficiency, deformity or physical condition; Treating, operating, prescribing, extracting, repairing, taking impressions, fitting, replacing, substituting, or correcting; Administering anesthetics or medicaments in connection with any of the foregoing. History: [54-901, added 1949, ch. 102, sec. 1, p. 177; am. 1953, ch. 105, sec. 1, p. 138; am. 1957, ch. 81, sec. 1, p. 131; am. 1987, ch. 30, sec. 1, p. 39; am. 1994, ch. 58, sec. 1, p. 99.]
54-902
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-902. Definition — Practice of dental hygiene. The practice of dental hygiene is the doing by one (1) person for a direct or indirect consideration of one (1) or more of the following with respect to the teeth or dental health of another person, namely, cleaning, polishing, removing stains or concretions; performing nonsurgical periodontal therapy; administering prescribed anesthetics or medicaments; applying preventive agents; performing nonsurgical, clinical and laboratory oral diagnostic tests for interpretation by a dentist; preparation of preliminary records of oral conditions; and such other dental services as specified by the dentist unless prohibited by the board in its adopted rules. History: [54-902, added 1949, ch. 102, sec. 2, p. 177; am. 1967, ch. 312, sec. 1, p. 886; am. 1971, ch. 83, sec. 1, p. 181; am. 1994, ch. 58, sec. 2, p. 100.]
54-902A
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-902A. DEFINITION — PRACTICE OF DENTAL THERAPY. The practice of dental therapy is the doing by one (1) person for a direct or indirect consideration of one (1) or more of the following with respect to the teeth or dental health of another person, namely, identifying oral and systemic conditions, performing dental prophylaxis, dispensing and administering nonnarcotic analgesics, anti-inflammatory and antibiotic medications as prescribed by a licensed dentist, applying preventive agents, preparation and placement of direct restorations in primary and permanent teeth, indirect and direct pulp capping on permanent teeth, indirect pulp capping on primary teeth, and such other dental services as specified by the supervising dentist and for which the dental therapist is trained unless prohibited by the board in its adopted rules. The board shall enter into negotiated rulemaking to establish the appropriate levels of supervision for each authorized service or procedure. Except as otherwise specified in this chapter, such services and procedures shall be limited to the discharge of official duties on behalf of the United States government, including through the United States public health service, the Indian health service, or tribal health programs contracted to perform services on behalf of the United States government in a practice setting within the exterior boundaries of a tribal reservation. History: [54-902A, added 2019, ch. 221, sec. 2, p. 670.]
54-903
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-903. General definitions. As used in this chapter: (1) Association means the Idaho state dental association and the Idaho dental hygienists’ association. (2) Board means the state board of dentistry. (3) Conviction or convicted means a finding of guilt by a judge or jury, an entry of a guilty plea by a defendant and its acceptance by the court, a forfeiture of a bail bond or collateral deposited to secure a defendant’s appearance, a judgment of conviction, a suspended sentence, probation, a withheld judgment, or a finding of guilt under the uniform code of military justice. (4) Dental assistant is a person who need not be licensed under this chapter, but who is regularly employed at a dental office, who works under a dentist’s supervision, and is adequately trained and qualified according to standards established by the board to perform the dental services permitted to be performed by assistants by this chapter and applicable rules of the board. (5) Dental hygienist is a person both qualified and licensed by the laws of Idaho to practice dental hygiene. (6) Dental specialist is a dentist who has graduated from a board-approved postgraduate program in the dentist’s specialty and is a person both qualified and licensed by the laws of Idaho to practice a dental specialty recognized by the board. (7) Dental therapist is a person both qualified and licensed by the laws of Idaho to practice dental therapy. (8) Dentist is a person both qualified and licensed by the laws of Idaho to practice dentistry. (9) Direct supervision is supervision of a dental therapist, dental assistant, or dental hygienist requiring that a dentist diagnose the condition to be treated, that a dentist authorize the procedure to be performed, that a dentist remain in the practice setting while the procedure is performed, and that before dismissal of the patient a dentist approves the work performed by the dental therapist, dental assistant, or dental hygienist. (10) Extended access oral health care setting means and includes: (a) Dental and dental hygiene treatment and services provided at locations including, but not limited to, a school district, county, state or federal agency, hospital, medical office, long-term care facility, public health district, dental or dental hygiene school, tribal clinic, or federally qualified health center; or (b) Oral health care programs approved by the board and conducted by or through a nonprofit public or private entity, organized in accordance with section 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code, that provide free dental or dental hygiene services to persons who, due to age, infirmity, indigence, disability or other similar reason, may be unable to receive regular dental and dental hygiene treatment. The board may require reapproval of the oral health care programs on an annual basis or at such other times as may be deemed by the board to be necessary or
54-904
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-904. Authorization for procedures performed under general supervision by dental hygienists. A dental hygienist is authorized to practice under general supervision when: (1) In a dental office where the dental hygienist works, a dentist has diagnosed the condition to be treated and determined the procedure to be performed, or has authorized a dental hygienist to perform the prescribed treatment; or (2) In an extended access oral health care setting, the supervising dentist has determined the dental hygiene procedures that may be performed and has issued written orders to a dental hygienist to provide the authorized treatment. The supervising dentist shall be responsible to treat the patient’s dental needs or refer the patient to another dentist for treatment. History: [54-904, added 1987, ch. 30, sec. 4, p. 41; am. 1994, ch. 58, sec. 4, p. 101; am. 2004, ch. 214, sec. 2, p. 648; am. 2018, ch. 53, sec. 2, p. 138; am. 2022, ch. 46, sec. 1, p. 135.]
54-905
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-905. Unlawful practice of dentistry. (1) Any person who shall practice, or shall in any manner hold himself out to any other person, or to the public, as qualified or licensed to practice dentistry, or who represents himself to be a dentist, within the state of Idaho, without at the time thereof being a dentist, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one thousand dollars (3,000), or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both. Each act of practice, or holding out, or representation, shall constitute a separate offense. In addition, a person found guilty of violating the provisions of this section for commercial gain may be assessed a civil penalty by the court, commensurate with the gain realized by the defendant, of up to twenty-five thousand dollars ($25,000) for each violation of the provisions of this section. The civil penalty collected by the court shall be remitted to the general fund of the state. (2) Conviction under the provisions of this section shall not prevent issuance of an injunction as provided in section 54-933 , Idaho Code. History: [54-905, added 1949, ch. 102, sec. 5, p. 177; am. 1981, ch. 215, sec. 3, p. 389; am.1987, ch. 30, sec. 5, p. 41; am. 1994, ch. 58, sec. 5, p. 102; am. 2003, ch. 190, sec. 1, p. 520.]
54-906
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-906. Unlawful practice of dental hygiene. (1) Any person, not a dentist, who shall practice, or shall in any manner hold himself out to any other person, or to the public, as qualified or licensed to practice dental hygiene within the state of Idaho without at the time being a licensed dental hygienist, or who performs any act, function, or service permitted a dental hygienist by this act without the supervision of a dentist as specified by the rules of the board, shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars (300), or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both. Each act of practice, or holding out, or representation shall constitute a separate offense. (2) Conviction under the provisions of this section shall not prevent issuance of an injunction as provided in section 54-933 , Idaho Code. History: [54-906, added 1949, ch. 102, sec. 6, p. 177; am. 1987, ch. 30, sec. 6, p. 41; am. 1994, ch. 58, sec. 6, p. 102.]
54-906A
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-906A. UNLAWFUL PRACTICE OF DENTAL THERAPY. (1) Any person, not a dentist, who shall practice or in any manner hold himself out to any other person or to the public as qualified or licensed to practice dental therapy within the state of Idaho without at the time being a licensed dental therapist, or who performs any act, function, or service that is permitted a dental therapist by this chapter without the supervision of a dentist as specified by the rules of the board, shall be guilty of a misdemeanor and upon conviction shall be fined no less than one hundred dollars (300), or be imprisoned in the county jail for no less than thirty (30) days nor more than six (6) months, or both. Each act of practice, or holding out, or representation shall constitute a separate offense. (2) Conviction under the provisions of this section shall not prevent issuance of an injunction as provided in section 54-933 , Idaho Code. History: [54-906A, added 2019, ch. 221, sec. 4, p. 671.]
54-907
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-907. State board of dentistry established. There is hereby established in the division of occupational and professional licenses a state board of dentistry to be composed of eight (8) members, five (5) of whom shall be dentists, two (2) of whom shall be dental hygienists, and one (1) of whom shall be a member of the public with an interest in the rights of consumers of dental services. Board members shall be appointed by the governor and shall serve at the pleasure of the governor. Upon appointment by the governor, the term of office of a member of the board shall commence on the first Monday of February following his appointment and shall continue for five (5) years, or until his successor has been named, whichever is later. A vacancy in membership of the board shall occur whenever the regular term of a member expires or when a member dies, resigns or is removed from office by the governor. Appointments to fill a vacancy occurring for some reason other than expiration of term of office shall be made for the unexpired term which is being filled. History: [54-907, added 1967, ch. 312, sec. 4, p. 886; am. 1974, ch. 13, sec. 88, p. 138; am. 1981, ch. 215, sec. 4, p. 392; am. 1983, ch. 126, sec. 1, p. 321; am. 1990, ch. 425, sec. 1, p. 1174; am. 1991, ch. 147, sec. 2, p. 347; am. 1994, ch. 58, sec. 7, p. 102; am. 2002, ch. 82, sec. 1, p. 185; am. 2016, ch. 340, sec. 10, p. 936; am. 2021, ch. 222, sec. 8, p. 625.]
54-908
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-908. State board of dentistry — vacancies. (1) The governor may consider recommendations for appointment to the board from the Idaho state dental association and from any individual residing in this state. For the purposes of nominations and appointments, the state shall be divided by the association into four (4) components and nominations and appointments to the board shall be made in such a manner that each component shall be represented on the board by one (1) dentist member. (2) The governor may also consider recommendations for appointment to the board from the Idaho dental hygienists’ association and from any individual residing in this state. For the purposes of appointments, the state shall be divided by the Idaho dental hygienists’ association into two (2) components and appointments to the board shall be made in such a manner that each component shall be represented on the board by one (1) dental hygienist member. History: [54-908, added 1967, ch. 312, sec. 5, p. 886; am. 1981, ch. 215, sec. 5, p. 392; am. 1983, ch. 126, sec. 2, p. 322; am. 1986, ch. 35, sec. 2, p. 109; am. 1990, ch. 425, sec. 2, p. 1175; am. 1991, ch. 147, sec. 3, p. 348; am. 1994, ch. 58, sec. 8, p. 103; am. 2016, ch. 340, sec. 11, p. 937.]
54-909
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-909. Board of dentistry — Qualifications of members. Each dentist and each dental hygienist member of the board shall hold a current, active Idaho license and shall be a resident of the state of Idaho. The consumer member of the board must be a resident of the state of Idaho and shall be representative of the public consumers of dental care services. History: [54-909, added 1967, ch. 312, sec. 6, p. 886; am. 1981, ch. 215, sec. 6, p. 393; am. 1983, ch. 126, sec. 3, p. 323; am. 1991, ch. 147, sec. 4, p. 349; am. 1994, ch. 58, sec. 9, p. 104.]
54-910
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-910. occupational licenses fund — RECEIPTS AND DISBURSEMENTS. All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding. History: [54-910, added 2021, ch. 224, sec. 36, p. 673.]
54-911
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-911. Board of dentistry — Organization — Meetings — Expenses — Per diem. The board of dentistry shall select from its dentist members a chairman who shall serve at the pleasure of the board. The board may meet at stated times and shall meet upon the call of its chairman or a majority of the members. It shall keep minutes of its meetings and actions thereat. Five (5) members, three (3) of whom must be dentists and two (2) of whom must be nondentists, shall constitute a quorum, and the vote of the majority of the members present at a meeting at which a quorum is present shall determine the action of the board. Out of any appropriation applicable to the administration of this chapter, each member of the board shall be compensated as provided by section 59-509 (p), Idaho Code. History: [54-911, added 1949, ch. 102, sec. 11, p. 177; am. 1963, ch. 55, sec. 1, p. 219; am. 1967, ch. 312, sec. 8, p. 886; am. 1976, ch. 177, sec. 1, p. 641; am. 1980, ch. 247, sec. 56, p. 621; am. 1981, ch. 215, sec. 7, p. 393; am. 1991, ch. 147, sec. 5, p. 350; am. 1994, ch. 58, sec. 11, p. 105; am. 1996, ch. 237, sec. 1, p. 767; am. 2014, ch. 121, sec. 1, p. 344; am. 2018, ch. 55, sec. 1, p. 141.]
54-912
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-912. Board of dentistry — Powers and duties. The board shall have the following powers and duties: (1) To ascertain the qualifications and fitness of applicants to practice dentistry, a dental specialty, dental therapy, or dental hygiene; to prepare, conduct and grade qualifying examinations; to require and accept passing results of written and clinical examinations from approved dental, dental therapy, and dental hygiene testing organizations; to issue in the name of the board a certificate of qualification to applicants found to be fit and qualified to practice dentistry, dental therapy, or dental hygiene. (2) To prescribe rules for a fair and wholly impartial method of licensure and examination of applicants to practice dentistry, a dental specialty, dental therapy, or dental hygiene. (3) To define by rule what shall constitute accepted and approved schools, colleges, institutions, universities or departments thereof for the teaching of dentistry, dental therapy, or dental hygiene and to determine, accept and approve those that comply therewith. (4) To promulgate other rules required by law or necessary or desirable for its enforcement and administration; to define by rule the terms unprofessional conduct or practices injurious to the public as the terms are used in section 54-924 , Idaho Code, to furnish applications, certificates, licenses and other necessary forms. (5) To inspect or cause to be inspected the offices or operating rooms of all persons licensed under this chapter. (6) (a) Upon its own motion or upon any complaint, to initiate and conduct investigations on all matters relating to the practice of dentistry, dental therapy, or dental hygiene and to conduct hearings or proceedings on its own or through its designated hearing officer, to revoke, suspend or otherwise condition certificates of qualification or licenses of persons practicing dentistry, dental therapy, or dental hygiene and, on such terms as the board shall deem appropriate, to revoke, suspend, or otherwise condition such licenses, provided such hearings and proceedings shall be had in conformance with the provisions of chapter 52, title 67 , Idaho Code. Final decisions of the board shall be subject to judicial review as provided in chapter 52, title 67 , Idaho Code. (b) Whenever it appears that grounds for discipline exist under this chapter and the board finds that there is an immediate danger to the public health, safety or welfare, the board is authorized to commence emergency proceedings for revocation or other action. Such proceedings shall be promptly instituted and processed, including the right to contest the emergency proceedings and appeal, under the applicable provisions of chapter 52, title 67 , Idaho Code. (7) The board, its designated hearing officer, or representative shall have power to administer oaths, the power to engage in discovery as provided in the Idaho rules of civil procedu
54-913
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-913. Certificates — Licenses — Records. (1) All certificates of qualification to practice dentistry, dental therapy, or dental hygiene, and all licenses shall be issued by the board in the name of the board, with the seal attached. (2) The board shall keep a record of all applicants for licensure to qualify as a dentist, dental therapist, or dental hygienist, of applicants rejected on application or examination with the reason for rejection, of certificates of qualification and of licenses issued, and of dentists, dental therapists, and dental hygienists. History: [54-913, added 1949, ch. 102, sec. 13, p. 177; am. 1967, ch. 312, sec. 10, p. 886; am. 1974, ch. 13, sec. 90, p. 138; am. 1987, ch. 30, sec. 7, p. 42; am. 1994, ch. 58, sec. 13, p. 107; am. 2006, ch. 285, sec. 2, p. 875; am. 2019, ch. 221, sec. 6, p. 673.]
54-915
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-915. Qualifications required for dentist, dental therapist, or dental hygienist licensure. No person hereafter shall be eligible for licensure to practice dentistry, dental therapy, or dental hygiene in this state unless the applicant: (1) Has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411 (1), Idaho Code, unless the person demonstrates that he has been sufficiently rehabilitated to warrant the public trust; (2) Shall, for dentistry, have successfully completed the course of study in dentistry, and graduated and received a degree of doctor of dental surgery or doctor of dental medicine from a dental school accepted and approved by the board; (3) Shall, for dental therapy, have: (a) Successfully completed a course of study in dental therapy; (b) Graduated from a dental therapy school accredited by the commission on dental accreditation of the American dental association, provided that such school has been accepted and approved by the board; and (c) Completed five hundred (500) hours of supervised clinical practice under the direct supervision of a dentist; (4) Shall, for dental hygiene, have successfully completed the course of study in dental hygiene, and received a degree from a dental hygiene school accepted and approved by the board; (5) Shall, for dentistry, dental therapy, and dental hygiene, pass the examinations provided for in section 54-918 , Idaho Code. History: [54-915, added 1949, ch. 102, sec. 15, p. 177; am. 1963, ch. 56, sec. 1, p. 220; am. 1967, ch. 312, sec. 12, p. 886; am. 1991, ch. 15, sec. 1, p. 32; am. 1991, ch. 147, sec. 7, p. 352; am. 1994, ch. 58, sec. 15, p. 108; am. 2003, ch. 160, sec. 2, p. 453; am. 2014, ch. 121, sec. 3, p. 345; am. 2019, ch. 221, sec. 7, p. 673; am. 2020, ch. 175, sec. 16, p. 520; am. 2022, ch. 246, sec. 9, p. 794.]
54-916
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-916. Application for licensure — Fee. Any person desiring to practice dentistry, a dental specialty, dental therapy, or dental hygiene within the state of Idaho shall make an application for licensure in dentistry, a dental specialty, dental therapy, or dental hygiene, as the case may be, on forms furnished by the board, which forms shall call for information from the applicant as shall show his full, true name and that he possesses all the qualifications required by law for the license applied for. The application and supporting instruments as shall be required, together with payment of an application fee of not more than three hundred dollars (250) for dental therapists and dental hygienists, the fee to be set by the rules of the board, and not more than six hundred dollars ($600) for dental specialists, the fee to be set by the rules of the board, shall be filed with the board at a sufficient time to permit the board to investigate the applicant in order to determine he has not been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime deemed relevant in accordance with section 67-9411 (1), Idaho Code, and his possession of the other qualifications for licensure. The fee shall not be refunded. History: [54-916, added 1949, ch. 102, sec. 16, p. 177; am. 1967, ch. 312, sec. 13, p. 886; am. 1976, ch. 176, sec. 1, p. 639; am. 1986, ch. 35, sec. 4, p. 112; am. 1991, ch. 15, sec. 2, p. 32; am. 1994, ch. 58, sec. 16, p. 108; am. 2019, ch. 221, sec. 8, p. 674; am. 2022, ch. 246, sec. 10, p. 794.]
54-916A
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-916A. Dental hygiene licensure by credentials. The board may issue a license to practice dental hygiene without further examination to an applicant upon evidence that: (1) The applicant currently holds an active license in good standing to practice dental hygiene in another state with no disciplinary proceedings or unresolved complaints pending before the state’s licensing board; (2) The applicant has been licensed for at least one (1) year and the applicant has practiced a minimum of one thousand (1,000) hours in the two (2) years immediately preceding the date of application; (3) The applicant has graduated from a dental hygiene school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation; (4) The applicant has successfully completed a board approved clinical examination; (5) The applicant has successfully completed the national board dental hygiene examination; and (6) The applicant has paid the application fee as set by board rule. History: [54-916A, added 1992, ch. 3, sec. 1, p. 8; am. 1997, ch. 81, sec. 1, p. 192; am. 2014, ch. 121, sec. 4, p. 346.]
54-916B
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-916B. Dental licensure by credentials. The board may issue a license to practice dentistry without further examination upon evidence that: (1) The applicant currently holds an active license in good standing to practice dentistry in another state with no disciplinary proceedings or unresolved complaints pending before the state’s licensing board; (2) The applicant has been in clinical practice at least five (5) years immediately preceding the date of application for a minimum of three thousand five hundred (3,500) hours; (3) The applicant has graduated from a dental school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation; (4) The applicant has successfully completed the national board dental examinations; (5) The applicant has successfully completed a board-approved clinical examination; and (6) The applicant has paid the application fee as set by board rule. History: [54-916B, added 1997, ch. 95, sec. 1, p. 224; am. 2014, ch. 121, sec. 5, p. 346; am. 2018, ch. 170, sec. 1, p. 378.]
54-916C
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-916C. DENTAL THERAPY LICENSURE BY CREDENTIALS. The board may issue a license to practice dental therapy without further examination to an applicant upon evidence that: (1) The applicant currently holds an active license in good standing to practice dental therapy in another state with no disciplinary proceedings or unresolved complaints pending before the state’s licensing board; (2) The applicant has been in clinical practice at least two (2) years and has practiced a minimum of two thousand (2,000) hours in the three (3) years immediately preceding the date of application; (3) The applicant has graduated from a dental therapy school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation; (4) The applicant has successfully completed board-approved examinations; and (5) The applicant has paid the application fee as set by board rule. History: [54-916C, added 2019, ch. 221, sec. 9, p. 674.]
54-918
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-918. Examinations — Certificate of qualification. (1) An applicant for licensure shall pass such examinations in dentistry, in dental therapy, and in dental hygiene as are conducted by the board or its agent. Examinations shall be written or clinical, or both, and upon such subjects in dentistry, dental therapy, and dental hygiene as the board shall determine will thoroughly test the fitness and ability of the applicant to practice dentistry, dental therapy, or dental hygiene. An applicant for licensure shall pass the written jurisprudence examination conducted by the board. A passing score of seventy-five percent (75%) correct shall be required on the written jurisprudence examination. A passing score of at least seventy-five percent (75%) correct shall be required on any additional written or clinical examinations conducted by the board. It shall report and record the names of applicants who pass and of those who fail the examinations. Upon the candidate’s request, the board will issue to each passing applicant in dentistry, who is qualified for Idaho licensure, a certificate of qualification to practice dentistry, and to each passing applicant in dental therapy, who is qualified for Idaho licensure, a certificate of qualification to practice dental therapy within the state of Idaho, and to each passing applicant in dental hygiene, who is qualified for Idaho licensure, a certificate of qualification to practice dental hygiene within the state of Idaho. (2) In lieu of conducting written examinations other than the jurisprudence examination, the board may require and accept the results of the national board dental and dental hygiene examinations administered by the American dental association. The American dental association shall set the standards for passing the national board dental and dental hygiene examinations. In lieu of conducting clinical examinations, the board may require and accept the results of clinical examinations administered by national or regional testing organizations approved by the board. In lieu of conducting dental therapy examinations, the board may require and accept the results of dental therapy examinations administered by national or regional testing organizations approved by the board. The national or regional testing organizations shall set the standards for passing or acceptable level of competency on the clinical or dental therapy examinations administered. (3) Applicants who fail any examination conducted by the board or its agent shall be notified thereof in writing by the board, which shall also record the fact of failure and the date and means of notification. (4) Written questions and answers of applicants shall be subject to disclosure according to chapter 1, title 74 , Idaho Code, unless exempt from disclosure in that chapter and title, and shall be destroyed by the board after the period of one (1) year following the examination. Histor
54-919
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-919. Cheating. In the event the board finds prior to the issuance of a certificate of qualification that an applicant, whether or not receiving a passing grade in the examination, has made any false statement with intent to mislead or deceive the board or its members in or in connection with his application, or has cheated or attempted to cheat in examination, such applicant shall be denied a certificate of qualification and shall be notified in writing with the reasons, the facts and the date and means of notification shall be recorded by the board. In the event of such finding, subsequent to the issuance of a certificate of qualification, proceedings may be maintained to revoke such certificate and any license outstanding, on such ground. History: [54-919, added 1949, ch. 102, sec. 19, p. 177; am. 1967, ch. 312, sec. 16, p. 886; am. 1994, ch. 58, sec. 19, p. 110; am. 2006, ch. 285, sec. 3, p. 875.]
54-920
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-920. Licensing — License fees — Biennial renewal of licenses — Late fees and returned checks — Classifications of licenses — Rights of licensees — Notification of change of address. (1) Each person determined by the board as qualified for licensure under this chapter shall pay the prescribed biennial license fee to the board prior to issuance of a license. The board may prorate the amount of the license fee from the date of issuance of the license until the beginning date of the next applicable biennial licensing period at the discretion of the board. A license issued by the board shall expire unless renewed in the manner specified in section 67-2614 , Idaho Code. (2) The nonrefundable biennial license fees shall be fixed by the board, but shall not exceed the following amounts: (a) Four hundred dollars (200) for a dentist with an inactive status; (c) Three hundred dollars (150) for a dental therapist with an inactive status; (e) Two hundred twenty dollars (112) for a dental hygienist with an inactive status; or (g) Four hundred dollars (50.00) late fee within thirty (30) days of expiration of the license shall result in cancellation of the license. (5) Any person who delivers a check or other payment to the board that is returned to the board unpaid by the financial institution upon which it was drawn shall pay to the board as an administrative cost, in addition to any other amount owing, the amount of fifty dollars ($50.00). Following notification by the board of the returned check or other payment, the person shall make payment of all moneys owing to
54-921
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-921. Reinstatement of canceled license. (1) A license that has been canceled for less than two (2) years may be reinstated by submitting all required application and license fees and submitting evidence of completion of all required continuing education hours. (2) A license that has been canceled for more than two (2) years may be reinstated by satisfying the license requirements of a first-time applicant for licensure and submitting all required application and license fees. History: [54-921, added 1949, ch. 102, sec. 21, p. 177; am. 1967, ch. 312, sec. 18, p. 886; am. 1981, ch. 215, sec. 10, p. 396; am. 1994, ch. 58, sec. 21, p. 113; am. 2003, ch. 160, sec. 4, p. 454; am. 2006, ch. 285, sec. 6, p. 879.; am. 2015, ch. 56, sec. 2, p. 150.]
54-922
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-922. Display of license. No person shall practice dentistry, dental therapy, or dental hygiene unless he either has on display in his office an unrevoked and unsuspended license for the time period in which he shall practice or has the same immediately producible upon request. History: [54-922, added 1949, ch. 102, sec. 22, p. 177; am. 1967, ch. 312, sec. 19, p. 886; am. 1994, ch. 58, sec. 22, p. 114; am. 2006, ch. 285, sec. 7, p. 879; am. 2019, ch. 221, sec. 12, p. 677.]
54-923
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-923. Revocation for convictions of crime. A certificate or other evidence of qualification and right to practice dentistry, a dental specialty, dental therapy, or dental hygiene, and a license, may be revoked by the board whenever it shall be shown to the board that the holder of such certificate or other evidence of qualification, right to practice or license has been convicted of a crime that is deemed relevant in accordance with section 67-9411 (1), Idaho Code, whether such conviction shall have occurred before or after qualification, or accrual of such right, or the issuance of such certificate or other evidence of qualification, or of such license. A person licensed to practice dentistry, a dental specialty, dental therapy, or dental hygiene who is convicted of a felony in any jurisdiction shall notify the board within thirty (30) days of conviction by submitting a copy of the judgment of conviction to the board. History: [54-923, added 1949, ch. 102, sec. 23, p. 177; am. 1967, ch. 312, sec. 20, p. 886; am. 1981, ch. 215, sec. 11, p. 396; am. 1986, ch. 35, sec. 7, p. 116; am. 1994, ch. 58, sec. 23, p. 114; am. 2006, ch. 285, sec. 8, p. 879; am. 2007, ch. 93, sec. 2, p. 275; am. 2015, ch. 45, sec. 1, p. 98; am. 2019, ch. 221, sec. 13, p. 677; am. 2020, ch. 175, sec. 17, p. 521.]
54-924
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-924. Other grounds of refusal, revocation or suspension of dentists — Probation agreements. The board may refuse to issue or renew a dental license or may revoke, suspend, place on probation, reprimand or take other disciplinary action with respect to a dental license as the board may deem proper, including administrative penalties not to exceed ten thousand dollars ($10,000) per violation and assessment of the costs of disciplinary proceedings in the event a dentist shall: (1) Intentionally misstate or fail fully to disclose a fact material to determination of fitness and qualification in an application for licensure to practice dentistry or cheat in an examination to practice dentistry; or procure a certificate or finding of qualification to practice dentistry or subsequently a license by false, fraudulent or deceitful means or in any other name than his own true name; or (2) Practice dentistry under any name other than his own true name except as a professional service corporation or professional limited liability company or as a limited managed care plan pursuant to chapter 39, title 41 , Idaho Code; or (3) Practice or in any manner or by any means or at any place hold out or represent himself as practicing dentistry in or under the name of, or as a member, representative, agent or employee of, or in connection with, any company, association, or corporation, or under any trade, fictitious or business name except as a professional service corporation or professional limited liability company or as a limited managed care plan pursuant to chapter 39, title 41 , Idaho Code, except for: (a) A dentist practicing dentistry and providing dentistry services to prisoners in the custody of the Idaho department of correction as an employee of: (i) The state of Idaho; (ii) A contractor under contract as defined by section 67-9203 , Idaho Code, with the state of Idaho; or (iii) A subcontractor for a contractor under contract as defined by section 67-9203 , Idaho Code, with the state of Idaho; or (b) A dentist practicing dentistry as an employee or contracting dentist providing dentistry services to any health center as defined and authorized in section 330 of the public health service act, codified as amended at 42 U.S.C. 254b; or (4)(a) Make, or cause to be made, or assist in making, any fraudulent, false, or misleading statement as to his own or an employee’s, associate’s, or other dentist’s, dental therapist’s, or dental hygienist’s skill or lack of skill, or method of practice; or (b) Claim to practice dentistry without causing pain; or (c) Claim superiority over other dentists; or (d) Publish, advertise, or circulate reports, letters, certificates, endorsements, or evidence of cures or corrections of dental conditions by such dentist, his employee, or his associate by reason of his or their skill, experience, or ability or of his or their use of any system, method, technique, device
54-925
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-925. Other grounds of revocation or suspension of dental hygienists — Probation agreements. The certificate or other evidence of qualification, and the right to practice dental hygiene and the license of any dental hygienist may be revoked, suspended or otherwise conditioned by the board in the event such dental hygienist shall do, in respect to the practice of dental hygiene, or as a dental hygienist, any of the things or acts set forth in section 54-924 , Idaho Code; Provided, however, that notwithstanding any provisions of section 54-924 , Idaho Code, a dental hygienist shall not practice otherwise than as provided in section 54-904 , Idaho Code, and his doing so shall be an additional ground for revocation, suspension, or other conditions as determined by the board. The board may refuse to issue or renew a dental hygiene license, or may revoke, suspend, place on probation, reprimand or take other disciplinary action with respect to a dental hygiene license as the board may deem proper, including administrative penalties not to exceed five thousand dollars ($5,000) per violation and assessment of the costs of disciplinary proceedings. History: [54-925, added 1949, ch. 102, sec. 25, p. 177; am. 1967, ch. 312, sec. 22, p. 886; am. 1994, ch. 58, sec. 25, p. 116; am. 2006, ch. 285, sec. 10, p. 881.]
54-926
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-926. OTHER GROUNDS OF REVOCATION OR SUSPENSION OF DENTAL THERAPISTS — PROBATION AGREEMENTS. The certificate or other evidence of qualification, and the right to practice dental therapy and the license of any dental therapist, may be revoked, suspended, or otherwise conditioned by the board in the event such dental therapist shall do, in respect to the practice of dental therapy, or as a dental therapist any of the things or acts set forth in section 54-924 , Idaho Code. Notwithstanding any provisions of section 54-924 , Idaho Code, a dental therapist shall not practice otherwise than as provided in section 54-902A , Idaho Code, and his doing so shall be an additional ground for revocation, suspension, or other conditions as determined by the board. The board may refuse to issue or renew a dental therapist license, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action with respect to a dental therapy license as the board may deem proper, including administrative penalties not to exceed five thousand dollars ($5,000) per violation and assessment of the costs of disciplinary proceedings. History: [54-926, added 2019, ch. 221, sec. 15, p. 679.]
54-930
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-930. Exceptions to application of act. This act shall not be construed as prohibiting a physician or surgeon, duly authorized to practice as such in this state, from treating diseases of the mouth or performing operations in oral surgery; nor as prohibiting persons authorized by the laws of another state, territory or country to practice dentistry or dental hygiene therein, or persons teaching in approved dental, dental therapy, or dental hygiene schools, from making clinical demonstrations before meetings of dentists, dental therapists, or dental hygienists in Idaho; nor as prohibiting any person from performing merely mechanical work upon inert matter in a dental laboratory; nor to prohibit students in approved dental, dental therapy, or dental hygiene schools from practicing dentistry, dental therapy, or dental hygiene therein as part of their training or education. History: [54-930, added 1949, ch. 102, sec. 30, p. 177; am. 1963, ch. 56, sec. 2, p. 220; am. 2019, ch. 221, sec. 16, p. 679.]
54-933
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-933. Injunction — Procedure. The board or any resident citizen may maintain an action in equity in the name of the state of Idaho to perpetually enjoin any person from persisting in the doing of any acts constituting a violation of this act. Such action shall be brought in the district court of the county in which such acts or some of them are claimed to have been or are being committed, by filing a verified complaint setting forth said acts. The court, or a judge thereof at chambers, if satisfied from such complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ, without notice or bond, enjoining the defendant from the commission of any such act or acts pending final disposition of the cause. The cause shall proceed as in other cases for injunction. If at the trial the commission of said act or acts by the defendant be established, and the court further find that it is probable that defendant will continue therein or in similar violations, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining said defendant from thereafter committing said or similar acts. History: [54-933, added 1949, ch. 102, sec. 33, p. 177; am. 1967, ch. 312, sec. 25, p. 886.]
54-934
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-934. Peer review committees — Immunity from liability — Confidentiality of records. (1) The state board of dentistry or the Idaho state dental association or both may establish one (1) or more peer review committees pursuant to this section, for the purpose of: (a) Determining the relevancy of a dentist’s usual and reasonable fees or treatment procedure to the terms of a contract; (b) Assessing the quality of services rendered; or (c) Evaluating claims against dentists or engaging in underwriting decisions in connection with professional liability insurance coverage for dentists. (2) The board or the associations, any one (1) of which has established a peer review committee pursuant to law, any committee member or any staff member of either the board or of the associations assisting a peer review committee, and any witness or consultant appearing before or presenting information to a peer review committee shall be immune from liability in any civil action brought as a result of a peer review investigation or proceeding conducted by a peer review committee, if the board, association, committee or staff member, witness or consultant, acts in good faith within the scope of the function of the committee, has made a reasonable effort to obtain the facts of the matter as to which the board or association or he acts, in the reasonable belief that the action taken is warranted by the facts. (3) Any entity, organization or person acting without malice in making any report or other information available to a peer review committee, or who assists in the origination, investigation or preparation of that information, or assists a committee in carrying out any of its duties or functions, shall be immune from civil liability for any such actions. (4) Any communications or information relating to peer committee investigations or proceedings as provided by law, and the proceedings and records of the committee related to them, shall be subject to disclosure according to chapter 1, title 74 , Idaho Code, unless exempt from disclosure in that chapter and title, and shall not be subject to discovery or introduced into evidence in any civil action against a dentist arising out of matters which are the subject of evaluation and review by the committee. History: [54-934, added 1986, ch. 331, sec. 1, p. 815; am. 1987, ch. 30, sec. 10, p. 46; am. 1990, ch. 213, sec. 75, p. 540; am. 1994, ch. 58, sec. 27, p. 117; am. 1999, ch. 30, sec. 15, p. 59; am. 2015, ch. 141, sec. 135, p. 481.]
54-935
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-935. Volunteer’s license — Qualifications — Permissible practice — Immunity from liability. (1) Upon application and qualification, the board may issue, without examination, a volunteer’s license to a dentist, dental therapist, or dental hygienist who is retired from the active practice of dentistry, dental therapy, or dental hygiene to enable the retired dentist, dental therapist, or dental hygienist to provide dental, dental therapy, or dental hygiene services at specified locations to persons who, due to age, infirmity, indigence or disability, are unable to receive regular dental treatment. (2) For purposes of this section, a dentist, dental therapist, or dental hygienist previously holding a dental, dental therapist, or dental hygiene license with active status in Idaho or another state shall be considered to be retired if, prior to the date of application for a volunteer’s license, he has surrendered or allowed his license with active status to expire with the intention of ceasing to actively practice as a dentist, dental therapist, or dental hygienist for remuneration, he has converted his license with active status to a license with inactive status with the intention of ceasing to actively practice as a dentist, dental therapist, or dental hygienist for remuneration, or he has converted his license with active or inactive status to a license with retirement or similar status that proscribed the active practice of dentistry, dental therapy, or dental hygiene. A dentist, dental therapist, or dental hygienist whose dental, dental therapy, or dental hygiene license had been restricted, suspended, revoked, surrendered, resigned, converted, or allowed to lapse or expire as the result of disciplinary action or in lieu of disciplinary action being taken shall not be eligible for a volunteer’s license. (3) An application for a volunteer’s license shall include, but not be limited to, the following: (a) Verification of graduation from a dental, dental therapy, or dental hygiene school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation; (b) Verification from each state board in which the applicant was licensed that the applicant maintained his dental, dental therapy, or dental hygiene license in good standing without disciplinary action that restricted the applicant’s license or resulted in the applicant’s license being placed on probation, suspended, revoked or being surrendered, resigned or otherwise allowed to lapse or expire in lieu of disciplinary action; (c) Verification that the applicant held a dental, dental therapy, or dental hygiene license in good standing in Idaho or another state as of the date upon which the dentist, dental therapist, or dental hygienist became retired; (d) Verification that the applicant held an active status dental, dental therapy, or dental hygiene license in good s
54-936
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 9 DENTISTS 54-936. Continued operation of dental practice — Death of sole proprietor dentist. In the case of the death of a sole proprietor dentist, the provisions of this chapter shall not be construed as prohibiting the personal representative, executor, surviving spouse or surviving heir of the dentist, upon notification to the state board of dentistry, from continuing to operate the dental practice of the deceased for a period of not more than six (6) months following death. An additional six (6) month period of operation shall be allowed upon approval of the board pursuant to rules as adopted by the board. This exception shall only apply where during such period of time there is a good faith effort being made to sell the dental practice and that all the decisions pertaining to the diagnosis, care and treatment of the patients are made by a dentist licensed and authorized to practice pursuant to the provisions of this chapter. For purposes of this section, sole proprietor dentist means a dentist who solely owns a dental practice, regardless of the type of legal entity under which it is operated. History: [54-936, added 2008, ch. 170, sec. 1, p. 470.]