HF 1463

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/17/2014 03:25pm

A bill for an act
relating to health; making changes to dental licensing provisions; amending
Minnesota Statutes 2012, sections 150A.01, subdivision 8a; 150A.06,
subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, subdivisions 3, 8, 16;
150A.10.

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

Section 1.

Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to
read:

Subd. 8a.

Resident dentist.

"Resident dentist" means a person who is licensed to
practice dentistry as an enrolled graduate student or student of an advanced education
program accredited by the deleted text begin American Dental Association deleted text end Commission on new text begin Dental
new text end Accreditation.

Sec. 2.

Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:

Subdivision 1.

Dentists.

A person of good moral character who has graduated from
a dental program accredited by the Commission on Dental Accreditation deleted text begin of the American
Dental Association deleted text end , having submitted an application and fee as prescribed by the board,
may be examined by the board or by an agency pursuant to section 150A.03, subdivision
1, in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental
college in another country must not be disqualified from examination solely because of
the applicant's foreign training if the board determines that the training is equivalent to or
higher than that provided by a dental college accredited by the Commission on Dental
Accreditation deleted text begin of the American Dental Association deleted text end . In the case of examinations conducted
pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to
applying to the board for licensure. The examination shall include an examination of the
applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the
board. An applicant is ineligible to retake the clinical examination required by the board
after failing it twice until further education and training are obtained as specified by the
board by rule. A separate, nonrefundable fee may be charged for each time a person applies.
An applicant who passes the examination in compliance with subdivision 2b, abides by
professional ethical conduct requirements, and meets all other requirements of the board
shall be licensed to practice dentistry and granted a general dentist license by the board.

Sec. 3.

Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:

Subd. 1a.

Faculty dentists.

(a) Faculty members of a school of dentistry must be
licensed in order to practice dentistry as defined in section 150A.05. The board may
issue to members of the faculty of a school of dentistry a license designated as either a
"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry
within the terms described in paragraph (b) or (c). The dean of a school of dentistry and
program directors of a Minnesota dental hygiene or dental assisting school accredited by
the Commission on Dental Accreditation deleted text begin of the American Dental Association deleted text end shall certify
to the board those members of the school's faculty who practice dentistry but are not
licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as
defined in section 150A.05, before beginning duties in a school of dentistry or a dental
hygiene or dental assisting school, shall apply to the board for a limited or full faculty
license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board,
a limited faculty license must be renewed annually and a full faculty license must be
renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board
for issuing and renewing the faculty license. The faculty license is valid during the time
the holder remains a member of the faculty of a school of dentistry or a dental hygiene or
dental assisting school and subjects the holder to this chapter.

(b) The board may issue to dentist members of the faculty of a Minnesota school
of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
Accreditation deleted text begin of the American Dental Association deleted text end , a license designated as a limited
faculty license entitling the holder to practice dentistry within the school and its affiliated
teaching facilities, but only for the purposes of teaching or conducting research. The
practice of dentistry at a school facility for purposes other than teaching or research is not
allowed unless the dentist was a faculty member on August 1, 1993.

(c) The board may issue to dentist members of the faculty of a Minnesota school
of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
Accreditation deleted text begin of the American Dental Association deleted text end a license designated as a full faculty
license entitling the holder to practice dentistry within the school and its affiliated teaching
facilities and elsewhere if the holder of the license is employed 50 percent time or more by
the school in the practice of teaching or research, and upon successful review by the board
of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule.
The board, at its discretion, may waive specific licensing prerequisites.

Sec. 4.

Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:

Subd. 1c.

Specialty dentists.

(a) The board may grant deleted text begin a deleted text end new text begin one or more new text end specialty
deleted text begin license deleted text end new text begin licenses new text end in the specialty areas of dentistry that are recognized by the deleted text begin American
Dental Association deleted text end new text begin Commission on Dental Accreditation new text end .

(b) An applicant for a specialty license shall:

(1) have successfully completed a postdoctoral specialty deleted text begin education deleted text end program
accredited by the Commission on Dental Accreditation deleted text begin of the American Dental
Association deleted text end , or have announced a limitation of practice before 1967;

(2) have been certified by a specialty deleted text begin examining deleted text end board approved by the Minnesota
Board of Dentistry, or provide evidence of having passed a clinical examination for
licensure required for practice in any state or Canadian province, or in the case of oral and
maxillofacial surgeons only, have a Minnesota medical license in good standing;

(3) have been in active practice or a postdoctoral specialty education program or
United States government service at least 2,000 hours in the 36 months prior to applying
for a specialty license;

(4) if requested by the board, be interviewed by a committee of the board, which
may include the assistance of specialists in the evaluation process, and satisfactorily
respond to questions designed to determine the applicant's knowledge of dental subjects
and ability to practice;

(5) if requested by the board, present complete records on a sample of patients
treated by the applicant. The sample must be drawn from patients treated by the applicant
during the 36 months preceding the date of application. The number of records shall be
established by the board. The records shall be reasonably representative of the treatment
typically provided by the applicant new text begin for each specialty area new text end ;

(6) at board discretion, pass a board-approved English proficiency test if English is
not the applicant's primary language;

(7) pass all components of the National Board Dental Examinations;

(8) pass the Minnesota Board of Dentistry jurisprudence examination;

(9) abide by professional ethical conduct requirements; and

(10) meet all other requirements prescribed by the Board of Dentistry.

(c) The application must include:

(1) a completed application furnished by the board;

(2) at least two character references from two different dentists new text begin for each specialty
area new text end , one of whom must be a dentist practicing in the same specialty area, and the other
new text begin from new text end the director of deleted text begin the deleted text end new text begin each new text end specialty program attended;

(3) a licensed physician's statement attesting to the applicant's physical and mental
condition;

(4) a statement from a licensed ophthalmologist or optometrist attesting to the
applicant's visual acuity;

(5) a nonrefundable fee; and

(6) a notarized, unmounted passport-type photograph, three inches by three inches,
taken not more than six months before the date of application.

(d) A specialty dentist holding deleted text begin a deleted text end new text begin one or more new text end specialty deleted text begin license deleted text end new text begin licenses new text end is limited to
practicing in the dentist's designated specialty area new text begin or areas new text end . The scope of practice must be
defined by each national specialty board recognized by the deleted text begin American Dental Association
deleted text end new text begin Commission on Dental Accreditation new text end .

(e) A specialty dentist holding a general deleted text begin dentist deleted text end new text begin dental new text end license is limited to practicing
in the dentist's designated specialty area new text begin or areas new text end if the dentist has announced a limitation
of practice. The scope of practice must be defined by each national specialty board
recognized by the deleted text begin American Dental Association deleted text end new text begin Commission on Dental Accreditation new text end .

(f) All specialty dentists who have fulfilled the specialty dentist requirements and
who intend to limit their practice to a particular specialty area new text begin or areas new text end may apply for
deleted text begin a deleted text end new text begin one or more new text end specialty deleted text begin license deleted text end new text begin licenses new text end .

Sec. 5.

Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:

Subd. 1d.

Dental therapists.

A person of good moral character who has graduated
with a baccalaureate degree or a master's degree from a dental therapy education program
that has been approved by the board or accredited by the deleted text begin American Dental Association
deleted text end Commission on Dental Accreditation or another board-approved national accreditation
organization may apply for licensure.

The applicant must submit an application and fee as prescribed by the board and a
diploma or certificate from a dental therapy education program. Prior to being licensed,
the applicant must pass a comprehensive, competency-based clinical examination that is
approved by the board and administered independently of an institution providing dental
therapy education. The applicant must also pass an examination testing the applicant's
knowledge of the Minnesota laws and rules relating to the practice of dentistry. An
applicant who has failed the clinical examination twice is ineligible to retake the clinical
examination until further education and training are obtained as specified by the board. A
separate, nonrefundable fee may be charged for each time a person applies. An applicant
who passes the examination in compliance with subdivision 2b, abides by professional
ethical conduct requirements, and meets all the other requirements of the board shall
be licensed as a dental therapist.

Sec. 6.

Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:

Subd. 2.

Dental hygienists.

A person of good moral character, who has graduated
from a dental hygiene program accredited by the Commission on Dental Accreditation deleted text begin of
the American Dental Association deleted text end and established in an institution accredited by an agency
recognized by the United States Department of Education to offer college-level programs,
may apply for licensure. The dental hygiene program must provide a minimum of two
academic years of dental hygiene education. The applicant must submit an application and
fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being
licensed, the applicant must pass the National Board of Dental Hygiene examination and a
board approved examination designed to determine the applicant's clinical competency. In
the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants
shall take the examination before applying to the board for licensure. The applicant must
also pass an examination testing the applicant's knowledge of the laws of Minnesota relating
to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake
the clinical examination required by the board after failing it twice until further education
and training are obtained as specified by board rule. A separate, nonrefundable fee may
be charged for each time a person applies. An applicant who passes the examination in
compliance with subdivision 2b, abides by professional ethical conduct requirements, and
meets all the other requirements of the board shall be licensed as a dental hygienist.

Sec. 7.

Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:

Subd. 2a.

Licensed dental assistant.

A person of good moral character, who has
graduated from a dental assisting program accredited by the Commission on Dental
Accreditation deleted text begin of the American Dental Association deleted text end , may apply for licensure. The applicant
must submit an application and fee as prescribed by the board and the diploma or
certificate of dental assisting. In the case of examinations conducted pursuant to section
150A.03, subdivision 1, applicants shall take the examination before applying to the board
for licensure. The examination shall include an examination of the applicant's knowledge
of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is
ineligible to retake the licensure examination required by the board after failing it twice
until further education and training are obtained as specified by board rule. A separate,
nonrefundable fee may be charged for each time a person applies. An applicant who
passes the examination in compliance with subdivision 2b, abides by professional ethical
conduct requirements, and meets all the other requirements of the board shall be licensed
as a dental assistant.

Sec. 8.

Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:

Subd. 2d.

Continuing education and professional development waiver.

(a) The
board shall grant a waiver to the continuing education requirements under this chapter for
a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental
assistant who documents to the satisfaction of the board that the dentist, dental therapist,
dental hygienist, or licensed dental assistant has retired from active practice in the state
and limits the provision of dental care services to those offered without compensation
in a public health, community, or tribal clinic or a nonprofit organization that provides
services to the indigent or to recipients of medical assistance, general assistance medical
care, or MinnesotaCare programs.

(b) The board may require written documentation from the volunteer and retired
dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting
this waiver.

(c) The board shall require the volunteer and retired dentist, dental therapist, dental
hygienist, or licensed dental assistant to meet the following requirements:

(1) a licensee seeking a waiver under this subdivision must complete and document
at least five hours of approved courses in infection control, medical emergencies, and
medical management for the continuing education cycle; and

(2) provide documentation of current CPR certification from completion of the
American Heart Association healthcare provider course deleted text begin , deleted text end new text begin or new text end the American Red Cross
professional rescuer course deleted text begin , or an equivalent entity deleted text end .

Sec. 9.

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 deleted text begin of the American Dental Association deleted text end , 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 deleted text begin of the American
Dental Association deleted text end , 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. 10.

Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:

Subd. 8.

Licensure by credentials.

(a) Any dental assistant may, upon application
and payment of a fee established by the board, apply for licensure based on an evaluation
of the applicant's education, experience, and performance record in lieu of completing a
board-approved dental assisting program for expanded functions as defined in rule, and
may be interviewed by the board to determine if the applicant:

(1) has graduated from an accredited dental assisting program accredited by the
Commission deleted text begin of deleted text end new text begin on new text end Dental Accreditation deleted text begin of the American Dental Association deleted text end , or is
currently certified by the Dental Assisting National Board;

(2) is not subject to any pending or final disciplinary action in another state or
Canadian province, or if not currently certified or registered, previously had a certification
or registration in another state or Canadian province in good standing that was not subject
to any final or pending disciplinary action at the time of surrender;

(3) is of good moral character and abides by professional ethical conduct
requirements;

(4) at board discretion, has passed a board-approved English proficiency test if
English is not the applicant's primary language; and

(5) has met all expanded functions curriculum equivalency requirements of a
Minnesota board-approved dental assisting program.

(b) The board, at its discretion, may waive specific licensure requirements in
paragraph (a).

(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
minimum knowledge in dental subjects required for licensure under subdivision 2a must
be licensed to practice the applicant's profession.

(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for licensure under subdivision 2a, the application must be denied. If licensure is
denied, the board may notify the applicant of any specific remedy that the applicant could
take which, when passed, would qualify the applicant for licensure. A denial does not
prohibit the applicant from applying for licensure under subdivision 2a.

(e) A candidate whose application has been denied may appeal the decision to the
board according to subdivision 4a.

Sec. 11.

Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read:

Subd. 3.

Initial license or permit fees.

Along with the application fee, each of the
following applicants shall submit a separate deleted text begin prorated deleted text end initial license or permit fee. The
deleted text begin prorated deleted text end initial fee shall be established by the board deleted text begin based on the number of months of the
applicant's initial term as described in Minnesota Rules, part 3100.1700, subpart 1a, deleted text end not to
exceed the following deleted text begin monthly deleted text end new text begin nonrefundable new text end fee amounts:

(1) dentist or full faculty dentist, deleted text begin $14 times the number of months of the initial
term deleted text end new text begin $168 new text end ;

(2) dental therapist, deleted text begin $10 times the number of months of the initial term deleted text end new text begin $120 new text end ;

(3) dental hygienist, deleted text begin $5 times the number of months of the initial term deleted text end new text begin $60 new text end ;

(4) licensed dental assistant, deleted text begin $3 times the number of months of the initial term
deleted text end new text begin $36 new text end ; and

(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500,
subpart 3, deleted text begin $1 times the number of months of the initial term deleted text end new text begin $12 new text end .

Sec. 12.

Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read:

Subd. 8.

Duplicate license or certificate fee.

Each applicant shall submit, with
a request for issuance of a duplicate of the original license, or of an annual or biennial
renewal certificate for a license or permit, a fee in the following amounts:

(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental
assistant license, $35; deleted text begin and
deleted text end

(2) annual or biennial renewal certificates, $10 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) wallet-sized license and renewal certificate, $15.
new text end

Sec. 13.

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. 14.

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

150A.10 ALLIED DENTAL PERSONNEL.

Subdivision 1.

Dental hygienists.

Any licensed dentist, licensed dental therapist,
public institution, or school authority may obtain services from a licensed dental hygienist.
The licensed dental hygienist may provide those services defined in section 150A.05,
subdivision 1a. The services provided shall not include the establishment of a final
diagnosis or treatment plan for a dental patient. All services shall be provided under
supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental
service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.

Subd. 1a.

Limited authorization for dental hygienists.

(a) Notwithstanding
subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
by a health care facility, program, or nonprofit organization to perform dental hygiene
services described under paragraph (b) without the patient first being examined by a
licensed dentist if the dental hygienist:

(1) has been engaged in the active practice of clinical dental hygiene for not less than
2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
200 hours of clinical practice in two of the past three years;

(2) has entered into a collaborative agreement with a licensed dentist that designates
authorization for the services provided by the dental hygienist;

(3) has documented participation in courses in infection control and medical
emergencies within each continuing education cycle; and

(4) maintains current CPR certification from completion of the American Heart
Association healthcare provider course deleted text begin , deleted text end new text begin or new text end the American Red Cross professional rescuer
course deleted text begin , or an equivalent entity deleted text end .

(b) The dental hygiene services authorized to be performed by a dental hygienist
under this subdivision are limited to:

(1) oral health promotion and disease prevention education;

(2) removal of deposits and stains from the surfaces of the teeth;

(3) application of topical preventive or prophylactic agents, including fluoride
varnishes and pit and fissure sealants;

(4) polishing and smoothing restorations;

(5) removal of marginal overhangs;

(6) performance of preliminary charting;

(7) taking of radiographs; and

(8) performance of scaling and root planing.

The dental hygienist may administer injections of local anesthetic agents or nitrous
oxide inhalation analgesia as specifically delegated in the collaborative agreement with
a licensed dentist. The dentist need not first examine the patient or be present. If the
patient is considered medically compromised, the collaborative dentist shall review the
patient record, including the medical history, prior to the provision of these services.
Collaborating dental hygienists may work with unlicensed and licensed dental assistants
who may only perform duties for which licensure is not required. The performance of
dental hygiene services in a health care facility, program, or nonprofit organization as
authorized under this subdivision is limited to patients, students, and residents of the
facility, program, or organization.

(c) A collaborating dentist must be licensed under this chapter and may enter into
a collaborative agreement with no more than four dental hygienists unless otherwise
authorized by the board. The board shall develop parameters and a process for obtaining
authorization to collaborate with more than four dental hygienists. The collaborative
agreement must include:

(1) consideration for medically compromised patients and medical conditions for
which a dental evaluation and treatment plan must occur prior to the provision of dental
hygiene services;

(2) age- and procedure-specific standard collaborative practice protocols, including
recommended intervals for the performance of dental hygiene services and a period of
time in which an examination by a dentist should occur;

(3) copies of consent to treatment form provided to the patient by the dental hygienist;

(4) specific protocols for the placement of pit and fissure sealants and requirements
for follow-up care to assure the efficacy of the sealants after application; and

(5) a procedure for creating and maintaining dental records for the patients that are
treated by the dental hygienist. This procedure must specify where these records are
to be located.

The collaborative agreement must be signed and maintained by the dentist, the dental
hygienist, and the facility, program, or organization; must be reviewed annually by the
collaborating dentist and dental hygienist; and must be made available to the board
upon request.

(d) Before performing any services authorized under this subdivision, a dental
hygienist must provide the patient with a consent to treatment form which must include a
statement advising the patient that the dental hygiene services provided are not a substitute
for a dental examination by a licensed dentist. If the dental hygienist makes any referrals
to the patient for further dental procedures, the dental hygienist must fill out a referral form
and provide a copy of the form to the collaborating dentist.

(e) For the purposes of this subdivision, a "health care facility, program, or
nonprofit organization" is limited to a hospital; nursing home; home health agency; group
home serving the elderly, disabled, or juveniles; state-operated facility licensed by the
commissioner of human services or the commissioner of corrections; and federal, state, or
local public health facility, community clinic, tribal clinic, school authority, Head Start
program, or nonprofit organization that serves individuals who are uninsured or who are
Minnesota health care public program recipients.

(f) For purposes of this subdivision, a "collaborative agreement" means a written
agreement with a licensed dentist who authorizes and accepts responsibility for the
services performed by the dental hygienist. The services authorized under this subdivision
and the collaborative agreement may be performed without the presence of a licensed
dentist and may be performed at a location other than the usual place of practice of the
dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless
specified in the collaborative agreement.

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.

Subd. 3.

Dental technicians.

Every licensed dentist and dental therapist who uses
the services of any unlicensed person, other than under the dentist's or dental therapist's
supervision and within the same practice setting, for the purpose of constructing, altering,
repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic,
prosthetic or other dental appliance, shall be required to furnish such unlicensed person
with a written work order in such form as shall be prescribed by the rules of the board. The
work order shall be made in duplicate form, a duplicate copy to be retained in a permanent
file of the dentist or dental therapist at the practice setting for a period of two years, and
the original to be retained in a permanent file for a period of two years by the unlicensed
person in that person's place of business. The permanent file of work orders to be kept
by the dentist, dental therapist, or unlicensed person shall be open to inspection at any
reasonable time by the board or its duly constituted agent.

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 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) place, contour, and adjust class II and class V 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.