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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
805
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
THE
PRACTICE
OF
DENTAL
HYGIENE;
AMENDING
SECTION
54
-
902,
IDAHO
2
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
PRACTICE
OF
DENTAL
HYGIENE;
3
REPEALING
SECTION
54
-
904,
IDAHO
CODE,
RELATING
TO
THE
AUTHORIZATION
4
FOR
PROCEDURES
PERFORMED
UNDER
GENERAL
SUPERVISION
BY
DENTAL
HYGIEN
-
5
ISTS;
AMENDING
CHAPTER
9,
TITLE
54,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
6
NEW
SECTION
54
-
904,
IDAHO
CODE,
TO
PROVIDE
AUTHORIZATION
FOR
DENTAL
7
HYGIENISTS;
AMENDING
SECTION
54
-
906,
IDAHO
CODE,
TO
REMOVE
A
PROVISION
8
REGARDING
SUPERVISION
BY
A
DENTIST;
AMENDING
SECTION
54
-
924,
IDAHO
9
CODE,
TO
PROVIDE
FOR
LICENSEES
AND
LICENSURE
BY
THE
BOARD;
AND
DECLARING
10
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
1
1
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
12
SECTION
1.
That
Section
54
-
902,
Idaho
Code,
be,
and
the
same
is
hereby
13
amended
to
read
as
follows:
14
54
-
902.
DEFINITION
-
-
PRACTICE
OF
DENTAL
HYGIENE.
The
practice
of
15
dental
hygiene
is
the
doing
by
one
(1)
person
for
a
direct
or
indirect
con
-
16
sideration
of
one
(1)
or
more
of
the
following
with
respect
to
the
teeth
17
or
dental
health
of
another
person,
namely,
cleaning,
polishing,
remov
-
18
ing
stains
or
concretions;
performing
nonsurgical
periodontal
therapy;
19
administering
prescribed
anesthetics
or
medicaments;
applying
preventive
20
agents;
performing
nonsurgical,
clinical
and
laboratory
oral
diagnostic
21
tests
for
interpretation
by
a
dentist
;
preparation
of
preliminary
records
of
22
oral
conditions;
and
such
other
dental
services
as
specified
by
the
dentist
23
unless
prohibited
by
the
board
in
its
adopted
rules
within
such
person's
edu
-
24
cation,
training,
and
experience
or
as
delegated
by
a
supervising
dentist
.
25
SECTION
2.
That
Section
54
-
904
,
Idaho
Code,
be,
and
the
same
is
hereby
26
repealed.
27
SECTION
3.
That
Chapter
9,
Title
54,
Idaho
Code,
be,
and
the
same
is
28
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
29
ignated
as
Section
54
-
904,
Idaho
Code,
and
to
read
as
follows:
30
54
-
904.
AUTHORIZATION
FOR
DENTAL
HYGIENISTS.
(1)
A
dental
hygienist
31
is
authorized
to
perform
any
dental
intervention
within
the
individual's
ed
-
32
ucation,
training,
and
experience
or
as
delegated
by
a
supervising
dentist,
33
including
but
not
limited
to:
34
(a)
Dental
hygiene
assessment;
35
(b)
Dental
hygiene
diagnosis;
and
36
(c)
Treatment
planning
and
implementation
in
the
identification,
pre
-
37
vention,
and
management
of
oral
disease.
38
(2)
A
dental
hygienist
who
possesses
a
current
and
valid
certificate
39
pursuant
to
section
54
-
1729,
Idaho
Code,
may
obtain
and
administer
any
topi
-
40
2
cal
pharmacological
agent
used
in
the
course
of
treatment
for
minor
and
self
-
1
limiting
oral
diseases.
2
(3)
A
dental
hygienist
who
practices
independently
shall
refer
a
pa
-
3
tient
to
a
dentist:
4
(a)
For
any
necessary
dental
care
beyond
the
individual's
education,
5
training,
and
experience;
or
6
(b)
Upon
the
patient's
request.
7
SECTION
4.
That
Section
54
-
906,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
54
-
906.
UNLAWFUL
PRACTICE
OF
DENTAL
HYGIENE.
(1)
Any
person,
not
a
10
dentist,
who
shall
practice,
or
shall
in
any
manner
hold
himself
out
to
any
1
1
other
person,
or
to
the
public,
as
qualified
or
licensed
to
practice
dental
12
hygiene
within
the
state
of
Idaho
without
at
the
time
being
a
licensed
dental
13
hygienist,
or
who
performs
any
act,
function,
or
service
permitted
a
dental
14
hygienist
by
this
act
without
the
supervision
of
a
dentist
as
specified
by
15
the
rules
of
the
board
,
shall
be
guilty
of
a
misdemeanor
and
upon
conviction
16
shall
be
fined
not
less
than
one
hundred
dollars
($100)
nor
more
than
three
17
hundred
dollars
($300),
or
be
imprisoned
in
the
county
jail
for
not
less
than
18
thirty
(30)
days
nor
more
than
six
(6)
months,
or
both.
19
Each
act
of
practice,
or
holding
out,
or
representation
shall
consti
-
20
tute
a
separate
offense.
21
(2)
Conviction
under
the
provisions
of
this
section
shall
not
prevent
22
issuance
of
an
injunction
as
provided
in
section
54
-
933,
Idaho
Code.
23
SECTION
5.
That
Section
54
-
924,
Idaho
Code,
be,
and
the
same
is
hereby
24
amended
to
read
as
follows:
25
54
-
924.
OTHER
GROUNDS
OF
REFUSAL,
REVOCATION
OR
SUSPENSION
OF
DEN
-
26
TISTS
-
-
PROBATION
AGREEMENTS.
The
board
may
refuse
to
issue
or
renew
a
27
dental
license
or
may
revoke,
suspend,
place
on
probation,
reprimand
or
take
28
other
disciplinary
action
with
respect
to
a
dental
license
as
the
board
may
29
deem
proper,
including
administrative
penalties
not
to
exceed
ten
thousand
30
dollars
($10,000)
per
violation
and
assessment
of
the
costs
of
disciplinary
31
proceedings
in
the
event
a
dentist
licensee
shall:
32
(1)
Intentionally
misstate
or
fail
fully
to
disclose
a
fact
material
33
to
determination
of
fitness
and
qualification
in
an
application
for
licen
-
34
sure
to
practice
dentistry
or
cheat
in
an
examination
to
practice
dentistry;
35
or
procure
a
certificate
or
finding
of
qualification
to
practice
dentistry
36
or
subsequently
a
license
by
false,
fraudulent
or
deceitful
means
or
in
any
37
other
name
than
his
own
true
name;
or
38
(2)
Practice
dentistry
under
any
name
other
than
his
own
true
name
ex
-
39
cept
as
a
professional
service
corporation
or
professional
limited
liabil
-
40
ity
company
or
as
a
limited
managed
care
plan
pursuant
to
chapter
39,
title
41
41,
Idaho
Code;
or
42
(3)
Practice
or
in
any
manner
or
by
any
means
or
at
any
place
hold
out
43
or
represent
himself
as
practicing
dentistry
in
or
under
the
name
of,
or
as
44
a
member,
representative,
agent
or
employee
of,
or
in
connection
with,
any
45
company,
association,
or
corporation,
or
under
any
trade,
fictitious
or
46
business
name
except
as
a
professional
service
corporation
or
professional
47
3
limited
liability
company
or
as
a
limited
managed
care
plan
pursuant
to
chap
-
1
ter
39,
title
41,
Idaho
Code,
except
for:
2
(a)
A
dentist
practicing
dentistry
and
providing
dentistry
services
to
3
prisoners
in
the
custody
of
the
Idaho
department
of
correction
as
an
em
-
4
ployee
of:
5
(i)
The
state
of
Idaho;
6
(ii)
A
contractor
under
contract
as
defined
by
section
67
-
9203,
7
Idaho
Code,
with
the
state
of
Idaho;
or
8
(iii)
A
subcontractor
for
a
contractor
under
contract
as
defined
9
by
section
67
-
9203,
Idaho
Code,
with
the
state
of
Idaho;
or
10
(b)
A
dentist
practicing
dentistry
as
an
employee
or
contracting
den
-
1
1
tist
providing
dentistry
services
to
any
health
center
as
defined
and
12
authorized
in
section
330
of
the
public
health
service
act,
codified
as
13
amended
at
42
U.S.C.
254b;
or
14
(4)(a)
Make,
or
cause
to
be
made,
or
assist
in
making,
any
fraudulent,
15
false,
or
misleading
statement
as
to
his
own
or
an
employee's,
asso
-
16
ciate's,
or
other
dentist's,
dental
therapist's,
or
dental
hygienist's
17
skill
or
lack
of
skill,
or
method
of
practice;
or
18
(b)
Claim
to
practice
dentistry
without
causing
pain;
or
19
(c)
Claim
superiority
over
other
dentists;
or
20
(d)
Publish,
advertise,
or
circulate
reports,
letters,
certificates,
21
endorsements,
or
evidence
of
cures
or
corrections
of
dental
conditions
22
by
such
dentist,
his
employee,
or
his
associate
by
reason
of
his
or
23
their
skill,
experience,
or
ability
or
of
his
or
their
use
of
any
system,
24
method,
technique,
device,
drug,
medicine,
material,
manipulation
or
25
machine;
or
26
(e)
Advertise
the
use
of,
or
use,
any
system,
method,
technique,
de
-
27
vice,
drug,
medicine,
material
or
machine
that
is
either
falsely
adver
-
28
tised
or
misnamed;
or
29
(5)
Use
intoxicants
or
drugs
to
such
a
degree
as
to
render
him
unfit
to
30
practice;
or
31
(6)
Commit
malpractice,
that
is,
to
provide
dental
care
that
fails
to
32
meet
the
standard
of
dental
care
provided
by
other
qualified
dentists
in
the
33
same
community
or
similar
communities,
taking
into
account
his
training,
ex
-
34
perience
and
the
degree
of
expertise
to
which
he
holds
himself
out
to
the
pub
-
35
lic;
or
36
(7)
Engage
in
unprofessional
conduct,
as
defined
by
board
rules;
or
37
(8)
Advertise
in
such
way
as
to
deceive
or
defraud,
or
probably
deceive
38
or
defraud,
the
public
or
patrons;
or
39
(9)
Employ
or
permit
any
person
not
a
dentist
to
practice
dentistry,
or
40
any
person
not
a
dentist
or
dental
therapist
to
practice
dental
therapy,
or
41
any
person
not
a
dentist
or
dental
hygienist
to
practice
dental
hygiene,
in
42
his
office
or
under
his
control
or
direction;
or
43
(10)
Fail,
neglect
or
refuse
to
keep
his
office
or
equipment,
or
oth
-
44
erwise
conduct
his
work,
in
accordance
with
current
state
and
federal
laws,
45
rules
and
regulations;
or
46
(11)
Violate
any
other
provisions
of
law
or
rules
adopted
by
the
board;
47
or
48
(12)
Falsely
identify
himself
to
the
public
as
a
specialist
in
a
spe
-
49
cialty
area
of
dentistry
as
defined
by
rule;
or
50
4
(13)
Engage
in
the
practice
of
dentistry
as
a
member,
stockholder,
em
-
1
ployee,
director,
partner
or
proprietor
in
any
business
entity
in
which
a
2
person,
not
duly
licensed
to
practice
dentistry
in
this
state
by
the
board
3
pursuant
to
this
chapter
,
holds
an
ownership
interest.
The
provisions
of
4
this
subsection
shall
not
apply
to:
5
(a)
Such
engagement
in
a
limited
managed
care
plan
pursuant
to
chapter
6
39,
title
41,
Idaho
Code;
7
(b)
A
dentist
practicing
dentistry
and
providing
dentistry
services
to
8
prisoners
in
the
custody
of
the
Idaho
department
of
correction
as
an
em
-
9
ployee
of:
10
(i)
The
state
of
Idaho;
1
1
(ii)
A
contractor
under
contract
as
defined
by
section
67
-
9203,
12
Idaho
Code,
with
the
state
of
Idaho;
or
13
(iii)
A
subcontractor
for
a
contractor
under
contract
as
defined
14
by
section
67
-
9203,
Idaho
Code,
with
the
state
of
Idaho;
or
15
(c)
A
dentist
practicing
dentistry
for
any
health
care
center
as
de
-
16
fined
and
authorized
in
section
330
of
the
public
health
service
act,
17
codified
as
amended
at
42
U.S.C.
254b;
or
18
(14)
Supervise
more
than
three
(3)
dental
therapists;
or
19
(15)
Require
directly,
or
as
a
member,
representative,
contracted
20
agent,
or
employee
of
or
in
connection
with
any
company,
association,
corpo
-
21
ration,
or
partnership,
that
a
patient
sign
an
agreement
limiting
his
right
22
or
ability
to
file
a
complaint
with
the
board.
23
SECTION
6.
An
emergency
existing
therefor,
which
emergency
is
hereby
24
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
25
July
1,
2026.
26