2005 Idaho Code - 54-935 — VOLUNTEER\'S LICENSE -- QUALIFICATIONS -- PERMISSIBLE PRACTICE -- IMMUNITY FROM LIABILITY

                                  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 who is retired
from the active practice of dentistry to enable the retired dentist to provide
dental services at specified locations to persons who, due to age, infirmity,
handicap, indigence or disability, are unable to receive regular dental
treatment.
    (2)  For purposes of this section, a dentist previously holding a dental
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 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 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. A dentist whose dental 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 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 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 license in good
    standing in Idaho or another state as of the date upon which the dentist
    became retired;
    (d)  Verification that the applicant held an active status dental 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 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 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, for any dental services provided under the authority of
    a volunteer's license.
    (4)  For purposes of this section, the specified locations at which a
dentist holding a volunteer's license may provide dental services shall be
limited to the premises or sites of extended access oral health care programs.
The dental services provided at an extended access oral health care program by
a dentist holding a volunteer's license shall not require or include the
administration of general anesthesia or conscious 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 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 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 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 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 services. This section does not provide
or extend immunity to a holder of a volunteer's license for any acts or
omissions constituting negligence.