2005 Idaho Code - 54-912 — BOARD OF DENTISTRY -- POWERS AND DUTIES

                                  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 or dental hygiene; to prepare, conduct and grade
qualifying examinations; to require and accept passing results of written and
clinical examinations from approved dental 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 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 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 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)  Upon its own motion or upon any complaint, to initiate and conduct
investigations on all matters relating to the practice of dentistry 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 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.
    (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 procedure and chapter 52, title 67, Idaho Code,
including, but not limited to, the power to take depositions of witnesses
within or without the state in the manner provided by law in civil cases, and
shall have power throughout the state of Idaho to require the attendance of
witnesses and the production of books, records and papers as it may desire at
any hearing before it of any matter which it has authority to investigate, and
for that purpose the board or its designated hearing officer may issue a
subpoena for any witness or a subpoena duces tecum to compel the production of
any books, records or papers, directed to the sheriff of any county of the
state of Idaho, where the witness resides, or may be found, which shall be
served and returned in the same manner as a subpoena in a criminal case is
served and returned. The fees and mileage of the witnesses shall be the same
as that allowed in the district courts in criminal cases and shall be paid
from the state board of dentistry fund in the same manner as other expenses of
the board are paid. In any case of disobedience to, or neglect of, any
subpoena or subpoena duces tecum served upon any person, or the refusal of any
witness to testify to any matter regarding which he may lawfully be
interrogated, it shall be the duty of the district court, or any judge
thereof, of any county in this state in which the disobedience, neglect or
refusal occurs, upon application by the board to compel obedience by
proceedings for contempt as in the case of disobedience of the requirements of
a subpoena issued from the court or for refusal to testify. The licensed
person accused in the proceedings shall have the same right of subpoena upon
making application to the board.
    (8)  The board shall establish an office and may appoint an executive
director who need not be a member of the board or a person licensed to
practice dentistry or dental hygiene, and may employ other personnel,
including attorneys and hearing officers, as may be necessary to assist the
board. The board shall prescribe the duties of the executive director and
these duties shall include the preparation of all papers and records under law
for the board, and shall include enforcement activities as to the board may
from time to time appear advisable, and the executive director shall act for
and on behalf of the board in such manner as the board may authorize, keep
records, property and equipment of the board and discharge other duties as the
board may from time to time prescribe. The compensation of the executive
director or other personnel shall be determined by the board and the executive
director shall be bonded to the state in the time, form and manner prescribed
in chapter 8, title 59, Idaho Code.
    (9)  To report annually to the associations on the status of the state
board of dentistry account and furnish the associations a written report on
all receipts and expenditures during the preceding year.
    (10) Provide, by rule, for reasonable fees for administrative costs and
assess costs reasonably and necessarily incurred in the enforcement of this
chapter when a licensee has been found to be in violation of this chapter.