HF 279

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/23/2023 04:13pm

A bill for an act
relating to health; adding dentistry mailing list services fee; making corrections
to dentistry licensing requirements; amending Minnesota Statutes 2022, sections
150A.08, subdivisions 1, 5; 150A.091, by adding a subdivision; 150A.13,
subdivision 10.

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

Section 1.

Minnesota Statutes 2022, section 150A.08, subdivision 1, is amended to read:

Subdivision 1.

Grounds.

The board may refuse or by order suspend or revoke, limit or
modify by imposing conditions it deems necessary, the license of a dentist, dental therapist,
dental hygienist, or dental deleted text begin assisting deleted text end new text begin assistant new text end upon any of the following grounds:

(1) fraud or deception in connection with the practice of dentistry or the securing of a
license certificate;

(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
contest plea, in any court of a felony or gross misdemeanor reasonably related to the practice
of dentistry as evidenced by a certified copy of the conviction;

(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
contest plea, in any court of an offense involving moral turpitude as evidenced by a certified
copy of the conviction;

(4) habitual overindulgence in the use of intoxicating liquors;

(5) improper or unauthorized prescription, dispensing, administering, or personal or
other use of any legend drug as defined in chapter 151, of any chemical as defined in chapter
151, or of any controlled substance as defined in chapter 152;

(6) conduct unbecoming a person licensed to practice dentistry, dental therapy, dental
hygiene, or dental assisting, or conduct contrary to the best interest of the public, as such
conduct is defined by the rules of the board;

(7) gross immorality;

(8) any physical, mental, emotional, or other disability which adversely affects a dentist's,
dental therapist's, dental hygienist's, or dental assistant's ability to perform the service for
which the person is licensed;

(9) revocation or suspension of a license or equivalent authority to practice, or other
disciplinary action or denial of a license application taken by a licensing or credentialing
authority of another state, territory, or country as evidenced by a certified copy of the
licensing authority's order, if the disciplinary action or application denial was based on facts
that would provide a basis for disciplinary action under this chapter and if the action was
taken only after affording the credentialed person or applicant notice and opportunity to
refute the allegations or pursuant to stipulation or other agreement;

(10) failure to maintain adequate safety and sanitary conditions for a dental office in
accordance with the standards established by the rules of the board;

(11) employing, assisting, or enabling in any manner an unlicensed person to practice
dentistry;

(12) failure or refusal to attend, testify, and produce records as directed by the board
under subdivision 7;

(13) violation of, or failure to comply with, any other provisions of sections 150A.01 to
150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the board,
sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any other just
cause related to the practice of dentistry. Suspension, revocation, modification or limitation
of any license shall not be based upon any judgment as to therapeutic or monetary value of
any individual drug prescribed or any individual treatment rendered, but only upon a repeated
pattern of conduct;

(14) knowingly providing false or misleading information that is directly related to the
care of that patient unless done for an accepted therapeutic purpose such as the administration
of a placebo; or

(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:

(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
of section 609.215, subdivision 1 or 2;

(ii) a copy of the record of a judgment of contempt of court for violating an injunction
issued under section 609.215, subdivision 4;

(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or

(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.
The board shall investigate any complaint of a violation of section 609.215, subdivision 1
or 2.

Sec. 2.

Minnesota Statutes 2022, section 150A.08, subdivision 5, is amended to read:

Subd. 5.

Medical examinations.

If the board has probable cause to believe that a dentist,
dental therapist, dental hygienist, dental assistant, or applicant engages in acts described in
subdivision 1, clause (4) or (5), or has a condition described in subdivision 1, clause (8), it
shall direct the dentist, dental therapist, dental hygienist, new text begin dental new text end assistant, or applicant to
submit to a mental or physical examination or a substance use disorder assessment. For the
purpose of this subdivision, every dentist, dental therapist, dental hygienist, or dental assistant
licensed under this chapter or person submitting an application for a license is deemed to
have given consent to submit to a mental or physical examination when directed in writing
by the board and to have waived all objections in any proceeding under this section to the
admissibility of the examining physician's testimony or examination reports on the ground
that they constitute a privileged communication. Failure to submit to an examination without
just cause may result in an application being denied or a default and final order being entered
without the taking of testimony or presentation of evidence, other than evidence which may
be submitted by affidavit, that the licensee or applicant did not submit to the examination.
A dentist, dental therapist, dental hygienist, dental assistant, or applicant affected under this
section shall at reasonable intervals be afforded an opportunity to demonstrate ability to
start or resume the competent practice of dentistry or perform the duties of a dental therapist,
dental hygienist, or dental assistant with reasonable skill and safety to patients. In any
proceeding under this subdivision, neither the record of proceedings nor the orders entered
by the board is admissible, is subject to subpoena, or may be used against the dentist, dental
therapist, dental hygienist, dental assistant, or applicant in any proceeding not commenced
by the board. Information obtained under this subdivision shall be classified as private
pursuant to the Minnesota Government Data Practices Act.

Sec. 3.

Minnesota Statutes 2022, section 150A.091, is amended by adding a subdivision
to read:

new text begin Subd. 23. new text end

new text begin Mailing list services. new text end

new text begin Each licensee must submit a nonrefundable $5 fee to
request a mailing address list.
new text end

Sec. 4.

Minnesota Statutes 2022, section 150A.13, subdivision 10, is amended to read:

Subd. 10.

Failure to report.

deleted text begin On or after August 1, 2012, deleted text end Any person, institution, insurer,
or organization that fails to report as required under subdivisions 2 to 6 shall be subject to
civil penalties for failing to report as required by law.