(1) Any person who shall practice, or shall in any manner hold himself out to any other person, or to the public, as qualified or licensed to practice dentistry, or who represents himself to be a dentist, within the state of Idaho, without at the time thereof being a dentist, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both.
Each act of practice, or holding out, or representation, shall constitute a separate offense. In addition, a person found guilty of violating the provisions of this section for commercial gain may be assessed a civil penalty by the court, commensurate with the gain realized by the defendant, of up to twenty-five thousand dollars ($25,000) for each violation of the provisions of this section. The civil penalty collected by the court shall be remitted to the general fund of the state.

Terms Used In Idaho Code 54-905

  • conviction: A judgement of guilt against a criminal defendant.
  • defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dentist: is a person both qualified and licensed by the laws of Idaho to practice dentistry. See Idaho Code 54-903
  • injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
(2)  Conviction under the provisions of this section shall not prevent issuance of an injunction as provided in section 54-933, Idaho Code.

History:
[54-905, added 1949, ch. 102, sec. 5, p. 177; am. 1981, ch. 215, sec. 3, p. 389; am.1987, ch. 30, sec. 5, p. 41; am. 1994, ch. 58, sec. 5, p. 102; am. 2003, ch. 190, sec. 1, p. 520.]