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 standing in Idaho or another state within five (5) years of the date of application for a volunteer’s license, provided that the board may waive the five (5) year requirement in the event that the applicant demonstrates he possesses the knowledge and skills requisite to the practice of dentistry, dental therapy, or dental hygiene by successfully completing such examinations as are required by the board; and

(e) A notarized statement from the applicant on a form prescribed by the board, that the applicant will not provide any dental, dental therapy, or dental hygiene services to any person or at any location other than as permitted by this section and that the applicant will not accept any amount or form of remuneration, other than as reimbursement for the amount of actual expenses incurred as a volunteer dentist, dental therapist, or dental hygienist, for any dental, dental therapy, or dental hygiene services provided under the authority of a volunteer’s license.

(4) For purposes of this section, the specified locations at which a dentist, dental therapist, or dental hygienist holding a volunteer’s license may provide dental, dental therapy, or dental hygiene services shall be limited to the premises or sites of extended access oral health care settings. The dental services provided in an extended access oral health care setting by a dentist holding a volunteer’s license shall not require or include the administration of general anesthesia or moderate sedation to a patient unless otherwise specifically approved in advance by the board.

(5) A volunteer’s license shall be valid for that period specified for dentists, dental therapists, and dental hygienists in section 54-920, Idaho Code, and may be renewed upon application of the licensee unless the license has been revoked in accordance with this section. The board shall maintain a register of all dentists, dental therapists, and dental hygienists who hold a volunteer’s license. The board shall not charge an application or licensing fee for issuing or renewing a volunteer’s license. A volunteer’s license cannot be converted to a license with active, inactive, provisional or special status.

(6) The board may revoke a volunteer’s license upon receiving proof satisfactory to the board that the holder of a volunteer’s license provided dental, dental therapy, or dental hygiene services outside the permissible scope of the volunteer’s license or that grounds existed for enforcement or disciplinary action against the holder of a volunteer’s license under other sections of this chapter or the administrative rules promulgated under this chapter.

(7) When practicing dentistry, dental therapy, or dental hygiene within the permissible scope of a volunteer’s license, the holder of a volunteer’s license issued pursuant to this section shall be immune from liability for any civil action arising out of the provision of volunteer dental, dental therapy, or dental hygiene services. This section does not provide or extend immunity to a holder of a volunteer’s license for any acts or omissions constituting negligence.

History:

[54-935, added 2004, ch. 215, sec. 1, p. 648; am. 2007, ch. 94, sec. 1, p. 275; am. 2010, ch. 235, sec. 38, p. 573; am. 2018, ch. 53, sec. 3, p. 138; am. 2019, ch. 221, sec. 18, p. 680.]