SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC HEALTH/DENTAL BOARD BILL)

A BILL FOR

An Act relating to the penalty for the unlawful practice of dentistry.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 153.17, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   153.17  Unlawful practice.
   1.  A person who engages in the practice of dental hygiene without a license or who violates section 147.84 or 147.85 in connection with a license to practice dental hygiene commits a fraudulent practice or a serious misdemeanor as provided in sections 147.84 through 147.86.
   2.  A person who engages in the practice of dentistry or dental surgery without a license or who violates section 147.84 or 147.85 in connection with a license to practice dentistry commits a class “D” felony.
EXPLANATION
   Current law provides the same penalty for unlawful practice by either a dentist or dental hygienist —— a serious misdemeanor. This bill provides that practicing dentistry or dental surgery without a license or violating the provisions of Code section 147.84 or 147.85 in connection with a license to practice dentistry commits a class “D” felony. Code sections 147.84 and 147.85 relate to providing forged or fraudulent documents in connection with professional practices and licensing.
   As provided in Code section 902.9(5), a class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.