Minnesota Legislature
SF 288
Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 04/25/2012 03:23pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 288
1.3relating to health; regulating dental laboratories; appropriating money; proposing
1.4coding for new law in Minnesota Statutes, chapter 150A.
1.5April 24, 2012
1.6The Honorable Michelle L. Fischbach
1.7President of the Senate
1.8The Honorable Kurt Zellers
1.9Speaker of the House of Representatives
1.10We, the undersigned conferees for S.F. No. 288 report that we have agreed upon the
1.11items in dispute and recommend as follows:
1.12That the House recede from its amendments and that S.F. No. 288 be further
1.13amended as follows:
1.14Delete everything after the enacting clause and insert:
1.15 "Section 1. [150A.24] DEFINITIONS.
1.16 Subdivision 1. Scope. For the purposes of sections 150A.24 to 150A.31, the
1.17following terms have the meanings given.
1.18 Subd. 2. Dental laboratory. "Dental laboratory" means a corporation, partnership,
1.19sole proprietor, or business entity engaged in the manufacture or repair of dental prosthetic
1.20appliances. This definition does not include a dental laboratory that is physically located
1.21within a dental practice if the dental prosthetic appliances are manufactured or repaired for
1.22the exclusive use of the dentist or dentists within the dental practice.
1.23 Subd. 3. Material content notice. "Material content notice" means a notice that
1.24contains the complete material content information of a dental prosthetic appliance,
1.25including whether U.S. Food and Drug Administration (FDA) compliant materials were
1.26used. The notice must be provided in a manner that can be easily entered into a patient
1.27record.
1.28 Subd. 4. Work authorization. "Work authorization" means a written instrument
1.29by which a dental laboratory subcontracts to another dental laboratory all or part of the
2.1manufacture or repair of a dental prosthetic appliance authorized by a work order by
2.2a licensed dentist.
2.3 Subd. 5. Work order. "Work order" means a written instrument prescribed by a
2.4licensed dentist directing a dental laboratory to manufacture or repair a dental prosthetic
2.5appliance for an individual patient.
2.6 Sec. 2. [150A.25] REGISTRATION FOR DENTAL LABORATORIES.
2.7 Subdivision 1. General. Beginning January 1, 2013, all dental laboratories
2.8physically located in Minnesota must register with the Board of Dentistry.
2.9 Subd. 2. Registration requirements. (a) An application for an initial registration
2.10and for renewal must be submitted to the board on a form provided by the board
2.11accompanied with the registration fee required under section 150A.31. The application
2.12must contain:
2.13(1) the business name of the laboratory;
2.14(2) the physical address of the laboratory;
2.15(3) the name of the laboratory's owner or operator;
2.16(4) the telephone number or electronic mail address;
2.17(5) the certification number and the name of the certifying organization, if
2.18applicable; and
2.19(6) any other identifying information deemed necessary by the board.
2.20(b) It is the responsibility of the dental laboratory to notify the board of any changes
2.21in the registration information required under paragraph (a).
2.22 Subd. 3. Unique registration number. Upon approval, the board shall issue a
2.23registration and a unique registration number to the dental laboratory.
2.24 Subd. 4. Registration term; renewal. Registration shall be valid for two years
2.25from the date of issuance and may be renewed upon submitting the information required
2.26in subdivision 2 and the registration renewal fee required in section 150A.31.
2.27 Sec. 3. [150A.26] WORK ORDER REQUIRED.
2.28No registered dental laboratory shall perform or authorize any dental technological
2.29work without a valid work order from a licensed dentist or a work authorization issued
2.30pursuant to a valid work order. A work order or work authorization may be handwritten
2.31and may be faxed or sent electronically using an electronic signature.
2.32 Sec. 4. [150A.27] MATERIAL CONTENT NOTICE.
3.1(a) A registered dental laboratory shall inform the dentist who issued the work
3.2order of:
3.3(1) the country of origin where the technological work was performed in whole
3.4or in part; and
3.5(2) the name, physical address, and registration number of the laboratory or
3.6laboratories that manufactured or repaired the dental prosthesis, either directly or
3.7indirectly.
3.8(b) A registered dental laboratory shall provide to the dentist a material content
3.9notice for each dental prosthetic appliance. Upon receipt of the material content notice, the
3.10dentist must include the information in the record of the patient for whom the prosthesis is
3.11intended.
3.12(c) Dentists licensed under this chapter who manufacture or repair a dental prosthetic
3.13appliance or by work order have a dental prosthetic appliance manufactured or repaired by
3.14a dental technician within their dental practice for a patient must include in the patient's
3.15record the material content notice information of the dental prosthetic appliance.
3.16(d) It is the responsibility of the licensed dentist to obtain the material content
3.17notice information and the country of origin for dental laboratory work performed by an
3.18out-of-state dental laboratory and to include this information in the record of the patient
3.19for whom the dental work is intended.
3.20(e) Upon request of the patient, the licensed dentist shall provide a patient with the
3.21material content information and the country of origin information.
3.22(f) A registered dental laboratory must comply with section 150A.21.
3.23 Sec. 5. [150A.28] PROHIBITION AGAINST THE USE OF A NONREGISTERED
3.24DENTAL LABORATORY.
3.25(a) A dentist licensed under this chapter must use a dental laboratory registered
3.26under sections 150A.24 to 150A.31 for any dental laboratory work that is performed in
3.27this state and outside of the office of a licensed dentist.
3.28(b) No registered dental laboratory shall subcontract all or part of any dental
3.29laboratory work that is prescribed by a work order to another dental laboratory unless that
3.30laboratory provides the registered dental laboratory with a material content notice and
3.31the country of origin for any dental laboratory work performed by the subcontracting
3.32dental laboratory.
3.33(c) Nothing in this section prohibits a licensed dentist from directing a nonregistered
3.34dental laboratory located outside the state to manufacture or repair a dental prosthesis
3.35pursuant to a valid work order.
4.1 Sec. 6. [150A.29] WEB SITE.
4.2By May 1, 2013, the board shall provide on its Web site a list of the laboratories
4.3registered under section 150A.25, with the information described in section 150A.25 for
4.4each registered laboratory.
4.5 Sec. 7. [150A.30] CERTIFICATION.
4.6Nothing in sections 150A.24 to 150A.31 shall prohibit the development of a
4.7voluntary certification process for dental laboratories or dental technicians.
4.8 Sec. 8. [150A.31] FEES.
4.9(a) The initial biennial registration fee is $50.
4.10(b) The biennial renewal registration fee is $25.
4.11(c) The fees specified in this section are nonrefundable and shall be deposited in
4.12the state government special revenue fund.
4.13 Sec. 9. APPROPRIATION.
4.14$15,000 is appropriated in fiscal year 2013 from the state government special
4.15revenue fund to the Board of Dentistry for the purpose of implementing Minnesota
4.16Statutes, sections 150A.24 to 150A.31. The state government special revenue fund base
4.17for the Board of Dentistry is decreased by $10,000 for fiscal years 2014 and 2015.
4.18 Sec. 10. EFFECTIVE DATE.
4.19Sections 1 to 8 are effective January 1, 2013."
1.3relating to health; regulating dental laboratories; appropriating money; proposing
1.4coding for new law in Minnesota Statutes, chapter 150A.
1.5April 24, 2012
1.6The Honorable Michelle L. Fischbach
1.7President of the Senate
1.8The Honorable Kurt Zellers
1.9Speaker of the House of Representatives
1.10We, the undersigned conferees for S.F. No. 288 report that we have agreed upon the
1.11items in dispute and recommend as follows:
1.12That the House recede from its amendments and that S.F. No. 288 be further
1.13amended as follows:
1.14Delete everything after the enacting clause and insert:
1.15 "Section 1. [150A.24] DEFINITIONS.
1.16 Subdivision 1. Scope. For the purposes of sections 150A.24 to 150A.31, the
1.17following terms have the meanings given.
1.18 Subd. 2. Dental laboratory. "Dental laboratory" means a corporation, partnership,
1.19sole proprietor, or business entity engaged in the manufacture or repair of dental prosthetic
1.20appliances. This definition does not include a dental laboratory that is physically located
1.21within a dental practice if the dental prosthetic appliances are manufactured or repaired for
1.22the exclusive use of the dentist or dentists within the dental practice.
1.23 Subd. 3. Material content notice. "Material content notice" means a notice that
1.24contains the complete material content information of a dental prosthetic appliance,
1.25including whether U.S. Food and Drug Administration (FDA) compliant materials were
1.26used. The notice must be provided in a manner that can be easily entered into a patient
1.27record.
1.28 Subd. 4. Work authorization. "Work authorization" means a written instrument
1.29by which a dental laboratory subcontracts to another dental laboratory all or part of the
2.1manufacture or repair of a dental prosthetic appliance authorized by a work order by
2.2a licensed dentist.
2.3 Subd. 5. Work order. "Work order" means a written instrument prescribed by a
2.4licensed dentist directing a dental laboratory to manufacture or repair a dental prosthetic
2.5appliance for an individual patient.
2.6 Sec. 2. [150A.25] REGISTRATION FOR DENTAL LABORATORIES.
2.7 Subdivision 1. General. Beginning January 1, 2013, all dental laboratories
2.8physically located in Minnesota must register with the Board of Dentistry.
2.9 Subd. 2. Registration requirements. (a) An application for an initial registration
2.10and for renewal must be submitted to the board on a form provided by the board
2.11accompanied with the registration fee required under section 150A.31. The application
2.12must contain:
2.13(1) the business name of the laboratory;
2.14(2) the physical address of the laboratory;
2.15(3) the name of the laboratory's owner or operator;
2.16(4) the telephone number or electronic mail address;
2.17(5) the certification number and the name of the certifying organization, if
2.18applicable; and
2.19(6) any other identifying information deemed necessary by the board.
2.20(b) It is the responsibility of the dental laboratory to notify the board of any changes
2.21in the registration information required under paragraph (a).
2.22 Subd. 3. Unique registration number. Upon approval, the board shall issue a
2.23registration and a unique registration number to the dental laboratory.
2.24 Subd. 4. Registration term; renewal. Registration shall be valid for two years
2.25from the date of issuance and may be renewed upon submitting the information required
2.26in subdivision 2 and the registration renewal fee required in section 150A.31.
2.27 Sec. 3. [150A.26] WORK ORDER REQUIRED.
2.28No registered dental laboratory shall perform or authorize any dental technological
2.29work without a valid work order from a licensed dentist or a work authorization issued
2.30pursuant to a valid work order. A work order or work authorization may be handwritten
2.31and may be faxed or sent electronically using an electronic signature.
2.32 Sec. 4. [150A.27] MATERIAL CONTENT NOTICE.
3.1(a) A registered dental laboratory shall inform the dentist who issued the work
3.2order of:
3.3(1) the country of origin where the technological work was performed in whole
3.4or in part; and
3.5(2) the name, physical address, and registration number of the laboratory or
3.6laboratories that manufactured or repaired the dental prosthesis, either directly or
3.7indirectly.
3.8(b) A registered dental laboratory shall provide to the dentist a material content
3.9notice for each dental prosthetic appliance. Upon receipt of the material content notice, the
3.10dentist must include the information in the record of the patient for whom the prosthesis is
3.11intended.
3.12(c) Dentists licensed under this chapter who manufacture or repair a dental prosthetic
3.13appliance or by work order have a dental prosthetic appliance manufactured or repaired by
3.14a dental technician within their dental practice for a patient must include in the patient's
3.15record the material content notice information of the dental prosthetic appliance.
3.16(d) It is the responsibility of the licensed dentist to obtain the material content
3.17notice information and the country of origin for dental laboratory work performed by an
3.18out-of-state dental laboratory and to include this information in the record of the patient
3.19for whom the dental work is intended.
3.20(e) Upon request of the patient, the licensed dentist shall provide a patient with the
3.21material content information and the country of origin information.
3.22(f) A registered dental laboratory must comply with section 150A.21.
3.23 Sec. 5. [150A.28] PROHIBITION AGAINST THE USE OF A NONREGISTERED
3.24DENTAL LABORATORY.
3.25(a) A dentist licensed under this chapter must use a dental laboratory registered
3.26under sections 150A.24 to 150A.31 for any dental laboratory work that is performed in
3.27this state and outside of the office of a licensed dentist.
3.28(b) No registered dental laboratory shall subcontract all or part of any dental
3.29laboratory work that is prescribed by a work order to another dental laboratory unless that
3.30laboratory provides the registered dental laboratory with a material content notice and
3.31the country of origin for any dental laboratory work performed by the subcontracting
3.32dental laboratory.
3.33(c) Nothing in this section prohibits a licensed dentist from directing a nonregistered
3.34dental laboratory located outside the state to manufacture or repair a dental prosthesis
3.35pursuant to a valid work order.
4.1 Sec. 6. [150A.29] WEB SITE.
4.2By May 1, 2013, the board shall provide on its Web site a list of the laboratories
4.3registered under section 150A.25, with the information described in section 150A.25 for
4.4each registered laboratory.
4.5 Sec. 7. [150A.30] CERTIFICATION.
4.6Nothing in sections 150A.24 to 150A.31 shall prohibit the development of a
4.7voluntary certification process for dental laboratories or dental technicians.
4.8 Sec. 8. [150A.31] FEES.
4.9(a) The initial biennial registration fee is $50.
4.10(b) The biennial renewal registration fee is $25.
4.11(c) The fees specified in this section are nonrefundable and shall be deposited in
4.12the state government special revenue fund.
4.13 Sec. 9. APPROPRIATION.
4.14$15,000 is appropriated in fiscal year 2013 from the state government special
4.15revenue fund to the Board of Dentistry for the purpose of implementing Minnesota
4.16Statutes, sections 150A.24 to 150A.31. The state government special revenue fund base
4.17for the Board of Dentistry is decreased by $10,000 for fiscal years 2014 and 2015.
4.18 Sec. 10. EFFECTIVE DATE.
4.19Sections 1 to 8 are effective January 1, 2013."