Amends and adds to existing law to consolidate provisions regarding denturitry licensure.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 495 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO DENTURITRY; AMENDING SECTION 54-907, IDAHO CODE, TO REVISE2 PROVISIONS REGARDING THE STATE BOARD OF DENTISTRY; AMENDING SECTION3 54-909, IDAHO CODE, TO PROVIDE FOR PROFESSIONAL MEMBERS OF THE BOARD4 OF DENTISTRY; REPEALING SECTION 54-912, IDAHO CODE, RELATING TO THE5 POWERS AND DUTIES OF THE BOARD OF DENTISTRY; AMENDING CHAPTER 9, TITLE6 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-912, IDAHO CODE, TO7 ESTABLISH PROVISIONS REGARDING THE POWERS AND DUTIES OF THE STATE BOARD8 OF DENTISTRY; AMENDING SECTION 54-913, IDAHO CODE, TO REVISE PROVISIONS9 REGARDING LICENSES AND RECORDS; REPEALING SECTION 54-918, IDAHO CODE,10 RELATING TO EXAMINATIONS AND CERTIFICATES OF QUALIFICATION; AMEND-11 ING CHAPTER 9, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION12 54-918, IDAHO CODE, TO PROVIDE FOR EXAMINATIONS; REPEALING CHAPTER 33,13 TITLE 54, IDAHO CODE, RELATING TO THE FREEDOM OF CHOICE OF DENTURES14 ACT; AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER15 33, TITLE 54, IDAHO CODE, TO DEFINE TERMS, TO ESTABLISH A LICENSURE RE-16 QUIREMENT, TO ESTABLISH EXCEPTIONS, TO PROHIBIT CERTAIN ACTIVITIES, TO17 ESTABLISH PROVISIONS REGARDING APPLICATION FOR LICENSURE, TO PROVIDE18 FOR FEES, TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF LICENSURE, TO19 PROVIDE FOR A STAY OF ELIGIBILITY AFTER LICENSE REVOCATION, TO PROVIDE20 FOR LICENSE RENEWAL OR REINSTATEMENT, TO PROVIDE FOR THE DISPOSITION21 OF RECEIPTS, TO REQUIRE DENTAL HEALTH INSURANCE POLICIES TO INCLUDE22 DENTURIST SERVICES, TO ESTABLISH PROVISIONS REGARDING A NOTICE RE-23 QUIREMENT, PROHIBITED ACTIVITIES, AND A GUARANTEE ON SERVICES, AND TO24 ESTABLISH PROVISIONS REGARDING INJUNCTION PROCEDURES; AND DECLARING AN25 EMERGENCY AND PROVIDING AN EFFECTIVE DATE.26

Be It Enacted by the Legislature of the State of Idaho:27

SECTION 1. That Section 54-907, Idaho Code, be, and the same is hereby28 amended to read as follows:29 54-907. STATE BOARD OF DENTISTRY ESTABLISHED. There is hereby estab-30 lished in the division of occupational and professional licenses a state31 board of dentistry to be composed of eight (8) nine (9) members, five (5) of32 whom shall be dentists, two (2) of whom shall be dental hygienists, one (1)33 of whom shall be experienced in the making, fitting, constructing, altering,34 reproducing, or repairing of prosthetics, and one (1) of whom shall be a35 member of the public with an interest in the rights of consumers of dental36 services. Board members shall be appointed by the governor and shall serve37 at the pleasure of the governor. Upon appointment by the governor, the term38 of office of a member of the board shall commence on the first Monday of39 February following his appointment and The term of office of a member of the40 board shall continue for be five (5) years, or until his successor has been41 named, whichever is later. A vacancy in membership of the board shall occur42

2 whenever the regular term of a member expires or when a member dies, resigns1 or is removed from office by the governor. Appointments to fill a vacancy2 occurring for some reason other than expiration of term of office shall be3 made for the unexpired term which that is being filled.4

SECTION 2. That Section 54-909, Idaho Code, be, and the same is hereby5 amended to read as follows:6 54-909. BOARD OF DENTISTRY -- QUALIFICATIONS OF MEMBERS. Each dentist7 and each dental hygienist professional member of the board shall hold a cur-8 rent, active Idaho license and shall be a resident of the state of Idaho.9 The consumer member of the board must be a resident of the state of Idaho and10 shall be representative of the public consumers of dental care services.11

SECTION 3. That Section 54-912, Idaho Code, be, and the same is hereby12 repealed.13

SECTION 4. That Chapter 9, Title 54, Idaho Code, be, and the same is14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-15 ignated as Section 54-912, Idaho Code, and to read as follows:16 54-912. BOARD OF DENTISTRY -- POWERS AND DUTIES. The board shall have17 the following powers and duties:18 (1) To ascertain the qualifications and fitness of applicants to prac-19 tice dentistry, a dental specialty, dental therapy, dental hygiene, or den-20 turitry and to require and accept passing results of written and clinical ex-21 aminations from approved dental, dental therapy, dental hygiene, and dentu-22 ritry testing organizations;23 (2) To prescribe rules for a fair and wholly impartial method of li-24 censure and examination of applicants to practice dentistry, a dental spe-25 cialty, dental therapy, dental hygiene, or denturitry;26 (3) To define by rule what shall constitute accepted and approved27 schools, colleges, institutions, universities, or departments thereof for28 the teaching of dentistry, dental therapy, dental hygiene, or denturitry and29 to determine, accept, and approve those that comply therewith;30 (4) To promulgate other rules required by law or necessary or desirable31 for its enforcement and administration and to define unprofessional conduct32 or practices injurious to the public;33 (5) To inspect or cause to be inspected the offices or operating rooms34 of all persons licensed pursuant to this chapter or chapter 33, title 54,35 Idaho Code;36 (6) Upon its own motion or upon any complaint, to initiate and conduct37 investigations on all matters relating to the practice of dentistry, den-38 tal therapy, dental hygiene, or denturitry and to conduct hearings or pro-39 ceedings on its own or through its designated hearing officer to revoke, sus-40 pend, or otherwise condition licenses of persons practicing dentistry, den-41 tal therapy, dental hygiene, or denturitry on such terms as the board shall42 deem appropriate; and43 (7) To establish by rule reasonable fees for administrative costs and44 to assess costs reasonably and necessarily incurred in the enforcement of45

3 this chapter when a licensee has been found to be in violation of this chap-1 ter.2

SECTION 5. That Section 54-913, Idaho Code, be, and the same is hereby3 amended to read as follows:4 54-913. CERTIFICATES -- LICENSES -- RECORDS. (1) All certificates of5 qualification licenses to practice dentistry, dental therapy, or dental hy-6 giene, and all licenses or denturitry shall be issued by the board division7 of occupational and professional licenses in the name of the board, with the8 seal attached.9 (2) The board shall keep a record of all applicants for licensure to10 qualify as a dentist, dental therapist, or dental hygienist, or denturist;11 of applicants rejected on application or examination with the reason for re-12 jection, of certificates of qualification and; of licenses issued,; and of13 actively licensed dentists, dental therapists, and dental hygienists, and14 denturists.15

SECTION 6. That Section 54-918, Idaho Code, be, and the same is hereby16 repealed.17

SECTION 7. That Chapter 9, Title 54, Idaho Code, be, and the same is18 hereby amended by the addition thereto of a NEW SECTION, to be known and des-19 ignated as Section 54-918, Idaho Code, and to read as follows:20 54-918. EXAMINATIONS. (1) An applicant for licensure shall pass such21 examinations in dentistry, dental therapy, dental hygiene, or denturitry as22 are approved by the board.23 (2) Examinations shall be written or clinical, or both, and shall thor-24 oughly test the fitness and ability of the applicant to practice dentistry,25 dental therapy, dental hygiene, or denturitry, as determined by the board.26 (3) The board shall report and record the names of applicants who pass27 the examinations required pursuant to this section.28

SECTION 8. That Chapter 33, Title 54, Idaho Code, be, and the same is29 hereby repealed.30

SECTION 9. That Title 54, Idaho Code, be, and the same is hereby amended31 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-32 ter 33, Title 54, Idaho Code, and to read as follows:33 CHAPTER 3334 DENTURITRY35 54-3301. DEFINITIONS. As used in this chapter:36 (1) "Board" means the state board of dentistry.37 (2) "Denture" means any removable full upper or lower prosthetic dental38 appliance to be worn in the human mouth.39 (3) "Denturist" means a person licensed pursuant to this chapter to en-40 gage in the practice of denturitry.41 (4) "Division" means the division of occupational and professional li-42 censes.43

4 (5)(a) "Practice of denturitry" means:1 (i) The making, fitting, constructing, altering, reproducing,2 or repairing of a full upper or lower removable prosthetic den-3 ture, the repairing of a removable partial upper or lower pros-4 thetic denture, the furnishing or supplying of such a denture di-5 rectly to a person, or advising the use of any such denture; and6 (ii) The taking or making, or providing advice, assistance, or fa-7 cilities respecting the taking or making, of any impression, bite,8 cast, or design preparatory to or for the purpose of making, con-9 structing, fitting, furnishing, supplying, altering, repairing,10 or reproducing any full upper or lower removable prosthetic den-11 ture.12 (b) The practice of denturitry within the context of this chapter re-13 quires that all work except cast framework or work required to meet the14 needs of the homebound be performed on the licensee's premises.15 54-3302. LICENSE TO PRACTICE REQUIRED. A person shall hold a license16 for the practice of denturitry in order to:17 (1) Engage in or offer to engage in the practice of denturitry; or18 (2) Use in connection with such person's name the word "denturist" or19 any other words, letters, abbreviations, or insignia implying that such per-20 son is engaged in the practice of denturitry.21 54-3303. EXCEPTIONS. The prohibitions of this chapter do not apply to:22 (1) A person interning under the supervision of a denturist;23 (2) The practice of dentistry or medicine by persons authorized to do so24 by this state;25 (3) A student of denture technology in pursuit of clinical studies un-26 der an approved school program; or27 (4) A denture technician, as defined by board rule, performing services28 under the direction of a licensed denturist or licensed dentist when the ser-29 vice does not involve contact with the intended user.30 54-3304. PROHIBITED ACTIVITIES. Licensed denturists shall not:31 (1) Perform procedures that would alter any oral tissues or natural32 teeth;33 (2) Insert or fit immediate dentures in the mouth of the intended34 wearer;35 (3) Diagnose or treat any abnormalities of any human mouth;36 (4) Prescribe any drugs or treatment for any oral or medical diseases;37 or38 (5) Construct or fit orthodontic appliances.39 54-3305. APPLICATION FOR LICENSE. Upon application and payment of the40 appropriate fee, the board shall issue a license to practice denturitry to41 any applicant who has:42 (1) Satisfactorily completed the examination approved by the board;43 (2) Completed formal training of no less than two (2) years' duration at44 an educational institution accredited by a national or regional accrediting45 agency recognized by the Idaho state board of education, the curriculum of46

5 which includes courses in oral pathology, physiology, head and oral anatomy,1 clinical microbiology, clinical jurisprudence, asepsis, and first aid for2 minor office emergencies; and3 (3) Completed an internship of at least two (2) years under the supervi-4 sion of a licensed denturist or have equivalent experience as established by5 board rule prior to the filing of the application.6 54-3306. FEES. The board shall be entitled to charge and collect the7 following fees:8 (1) An application fee of not to exceed three hundred dollars ($300);9 (2) An initial license fee of not to exceed six hundred dollars ($600);10 and11 (3) A renewal fee of not to exceed two thousand dollars ($2,000).12 54-3307. SUSPENSION OR REVOCATION OF LICENSE. (1) The board shall have13 the power to refuse to issue a license, suspend or revoke a license, or place14 a licensed person on probation for a period specified by the board and sub-15 ject to such conditions as the board shall impose or to reprimand or censure a16 licensee for any of the following:17 (a) Conviction or finding of guilt in this or any other state of a18 felony or any other crime deemed relevant in accordance with section19 67-9411(1), Idaho Code;20 (b) Incompetence or gross negligence in the practice of denturitry;21 (c) Fraud or misrepresentation in the practice of denturitry;22 (d) Use of any narcotic or dangerous drug or intoxicating liquor to an23 extent that such use impairs the ability to safely conduct the practice24 of denturitry; or25 (e) A violation of this chapter or any rule adopted pursuant to the pro-26 visions of this chapter.27 (2) The division shall have the power to examine and inspect the place28 of business of any licensed denturist at a reasonable time and in a reason-29 able manner to assure compliance with this chapter.30 (3) The board shall have the right to establish standards of conduct and31 practice and the power to enforce such standards with monetary penalties,32 revocation or suspension of licensure, or both.33 54-3308. REVOCATION OF LICENSE STAYS ELIGIBILITY. A denturist whose34 license has been revoked either by the board or a similar body of another35 state shall not be eligible to apply for a license until one (1) year after36 the date of revocation.37 54-3309. RENEWAL OR REINSTATEMENT OF LICENSE. All licenses issued38 pursuant to the provisions of this chapter shall be subject to biennial re-39 newal and shall expire unless renewed in the manner prescribed by the board40 regarding applications for renewal, continuing education, and fees. Li-41 cense renewal and reinstatement shall be in accordance with section 67-2614,42 Idaho Code.43 54-3310. DISPOSITION OF RECEIPTS. All moneys received pursuant to44 the provisions of this chapter shall be deposited in the state treasury to45

6 the credit of the occupational licenses fund, and all costs and expenses1 incurred by the board pursuant to the provisions of this chapter shall be a2 charge against and paid from said fund. In no instance will the occupational3 licenses fund be obligated to pay any claims that in aggregate with claims4 already paid exceed the income to the occupational licenses fund that has5 been derived by the application of this chapter.6 54-3311. DENTAL HEALTH INSURANCE POLICIES TO INCLUDE DENTURIST SER-7 VICES. Notwithstanding any provisions of any policy of insurance covering8 dental health, whenever such policy provides for reimbursement for any9 service that is within the lawful scope of practice of a denturist, the in-10 sured under such policy shall be entitled to reimbursement for such service,11 whether the service is performed by a licensed dentist or a licensed dentur-12 ist.13 54-3312. NOTICE OF BOARD ADDRESS -- PROHIBITED ACTIVITIES -- GUAR-14 ANTEE ON SERVICES. (1) There shall be posted in a conspicuous area on the15 premises of any practice of denturitry a notice with lettering of a size eas-16 ily read by the average person and in substantially the following form:17 ANY CONSUMER WHO HAS A COMPLAINT RELATING TO PRAC-18 TICES OF THIS ESTABLISHMENT MAY CONTACT THE IDAHO19 BOARD OF DENTISTRY............ (address) with a copy20 to THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LI-21 CENSES............ (address)22 (2) No person licensed pursuant to the provisions of this chapter shall23 directly or indirectly:24 (a) Make any payment or gift to a person who has referred a patient;25 (b) Receive or accept any rebate, payment, or gift from any person to26 whom a patient is referred; or27 (c) Engage in any form of fee-splitting or other form of sharing of re-28 muneration with respect to referrals.29 (3) All denturist services will be unconditionally guaranteed for a pe-30 riod of no less than ninety (90) days.31 54-3313. INJUNCTION PROCEDURE. Whenever any person, corporation,32 partnership, or association of any kind or nature violates any of the pro-33 visions of this chapter, the board, without regard to criminal prosecution,34 may maintain an action in the name of the state of Idaho to enjoin said per-35 son, corporation, partnership, or association from any further violations,36 such action to be brought either in the county in which said acts are claimed37 to have been or are being committed, in the county where the defendant re-38 sides, or in Ada county. Upon the filing of a verified complaint in the39 district court, the court, if satisfied that the acts complained of have been40 or probably are being or may be committed, may issue an injunction pendente41 lite without bond, upon request of the board, enjoining the defendant from42 the commission of any such act or acts constituting said violations. A copy43 of said complaint shall be served on the defendant, and the proceedings shall44 thereafter be conducted as in any other similar civil action. If the com-45 mission of said act or acts is established, the court shall enter a decree46 perpetually enjoining said defendant from committing said act or acts. In47

7 case of violation of any injunction issued pursuant to the provisions of this1 section, the court, or the judge thereof at chambers, may summarily try and2 punish the offender for contempt of court.3

SECTION 10. An emergency existing therefor, which emergency is hereby4 declared to exist, this act shall be in full force and effect on and after5 July 1, 2026.6