HF 1463

as introduced - 88th Legislature (2013 - 2014) Posted on 03/11/2013 02:55pm

A bill for an act
relating to health; making changes to dental licensing provisions; amending
Minnesota Statutes 2012, sections 150A.06, subdivision 3; 150A.091,
subdivision 16; 150A.10, subdivisions 2, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:

Subd. 3.

Waiver of examination.

(a) All or any part of the examination for
dentists or dental hygienists, except that pertaining to the law of Minnesota relating to
dentistry and the rules of the board, may, at the discretion of the board, be waived for an
applicant who presents a certificate of having passed all components of the National Board
Dental Examinations or evidence of having maintained an adequate scholastic standing
as determined by the board, in dental school as to dentists, or dental hygiene school as
to dental hygienists.

(b) The board shall waive the clinical examination required for licensure for any
dentist applicant who is a graduate of a dental school accredited by the Commission on
Dental Accreditation of the American Dental Association, who has passed all components
of the National Board Dental Examinations, and who has satisfactorily completed a
Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced
education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral
program must be accredited by the Commission on Dental Accreditation of the American
Dental Association, be of at least one year's duration, and include an outcome assessment
evaluation assessing the resident's competence to practice dentistry. The board may require
the applicant to submit any information deemed necessary by the board to determine
whether the waiver is applicable. deleted text begin The board may waive the clinical examination for an
applicant who meets the requirements of this paragraph and has satisfactorily completed an
accredited postdoctoral general dentistry residency program located outside of Minnesota.
deleted text end

Sec. 2.

Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to read:

Subd. 16.

Failure of professional development portfolio audit.

A licensee shall
submit a fee as established by the board not to exceed the amount of deleted text begin $250 deleted text end new text begin $1,000 new text end after
failing two deleted text begin consecutive deleted text end professional development portfolio audits and, thereafter, for each
failed professional development portfolio audit under Minnesota Rules, part 3100.5300.
new text begin In addition to the fee, the board may initiate the complaint process to address multiple
failed audits.
new text end

Sec. 3.

Minnesota Statutes 2012, section 150A.10, subdivision 2, is amended to read:

Subd. 2.

Dental assistants.

Every licensed dentist and dental therapist who uses the
services of any unlicensed person for the purpose of assistance in the practice of dentistry
or dental therapy shall be responsible for the acts of such unlicensed person while engaged
in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to
perform only those acts which are authorized to be delegated to unlicensed assistants
by the Board of Dentistry. The acts shall be performed under supervision of a licensed
dentist or dental therapist. A licensed dental therapist shall not supervise more than four
deleted text begin registered deleted text end new text begin licensed or unlicensed new text end dental assistants at any one practice setting. The board
may permit differing levels of dental assistance based upon recognized educational
standards, approved by the board, for the training of dental assistants. The board may also
define by rule the scope of practice of licensed and unlicensed dental assistants. The
board by rule may require continuing education for differing levels of dental assistants,
as a condition to their license or authority to perform their authorized duties. Any
licensed dentist or dental therapist who permits an unlicensed assistant to perform any
dental service other than that authorized by the board shall be deemed to be enabling an
unlicensed person to practice dentistry, and commission of such an act by an unlicensed
assistant shall constitute a violation of sections 150A.01 to 150A.12.

Sec. 4.

Minnesota Statutes 2012, section 150A.10, subdivision 4, is amended to read:

Subd. 4.

Restorative procedures.

(a) Notwithstanding subdivisions 1, 1a, and
2, a licensed dental hygienist or licensed dental assistant may perform the following
restorative procedures:

(1) place, contour, and adjust amalgam restorations;

(2) place, contour, and adjust glass ionomer;

(3) adapt and cement stainless steel crowns; deleted text begin and
deleted text end

(4) place, contour, and adjust class I and class V supragingival composite restorations
where the margins are entirely within the enamel new text begin ; and
new text end

new text begin (5) place, contour, and adjust class II supragingival composite restorations on
primary teeth new text end .

(b) The restorative procedures described in paragraph (a) may be performed only if:

(1) the licensed dental hygienist or licensed dental assistant has completed a
board-approved course on the specific procedures;

(2) the board-approved course includes a component that sufficiently prepares the
licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly
placed restoration;

(3) a licensed dentist or licensed advanced dental therapist has authorized the
procedure to be performed; and

(4) a licensed dentist or licensed advanced dental therapist is available in the clinic
while the procedure is being performed.

(c) The dental faculty who teaches the educators of the board-approved courses
specified in paragraph (b) must have prior experience teaching these procedures in an
accredited dental education program.