Minnesota Legislature
HF 1483
as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 11:17am
Current Version - as introduced
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19
1.20 1.21 1.22 1.23 2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31
A bill for an act
relating to health; changing provisions in dental practice; amending Minnesota
Statutes 2010, sections 150A.05, subdivision 1b; 150A.105, subdivisions 2,
8; 150A.106.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 150A.05, subdivision 1b, is amended to
read:
Subd. 1b.
Practice of dental therapy.
A person shall be deemed to be practicing as
a dental therapist within the meaning of this chapter who:
(1) works under the supervision of a Minnesota-licensed dentist under a collaborative
management agreement as specified under section 150A.105;
(2) practices in settings that serve low-incomedeleted text begin , uninsured,deleted text end and underserved
patients or are located in dental health professional shortage areasnew text begin and who maintains an
underserved patient base of at least 50 percent as defined by section 150A.105, subdivision
8, paragraph (b), clause (6), items (i) to (iii)new text end ; and
(3) provides oral health care services, including preventive, oral deleted text begin evaluation anddeleted text end
assessment, educational, palliative, therapeutic, and restorative services as authorized
under sections 150A.105 and 150A.106 and within the context of a collaborative
management agreement.
Sec. 2.
Minnesota Statutes 2010, section 150A.105, subdivision 2, is amended to read:
Subd. 2.
Limited practice settings.
A dental therapist licensed under this chapter
is limited to primarily practicing in settings that serve low-incomedeleted text begin , uninsured,deleted text end and
underserved patients or in a dental health professional shortage areanew text begin . A dental therapist
licensed under this chapter must maintain an underserved patient base of at least 50
percent as defined by subdivision 8, paragraph (b), clause (6), items (i) to (iii)new text end .
Sec. 3.
Minnesota Statutes 2010, section 150A.105, subdivision 8, is amended to read:
Subd. 8.
Definitions.
(a) For the purposes of this section, the following definitions
apply.
(b) "Practice settings that serve the low-income and underserved" meannew text begin any of
the followingnew text end :
(1) critical access dental provider settings as designated by the commissioner of
human services under section 256B.76, subdivision 4;
(2) dental hygiene collaborative practice settings identified in section 150A.10,
subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities,
federally qualified health centers, and organizations eligible to receive a community clinic
grant under section 145.9268, subdivision 1;
(3) military and veterans administration hospitals, clinics, and care settings;
(4) a patient's residence or home when the patient is home-bound or receiving or
eligible to receive home care services or home and community-based waivered services,
regardless of the patient's income;
(5) oral health educational institutions; deleted text begin ordeleted text end new text begin and
new text end
(6) any other clinic or practice setting, including mobile dental units, in which at
least 50 percent of the total patient base of the dental therapist or advanced dental therapist
consists of patients who:
(i) are enrolled in a Minnesota health care program;
(ii) have a medical disability or chronic condition that creates a significant barrier
to receiving dental care;
(iii) do not have dental health coverage, either through a public health care program
or private insurance, and have an annual gross family income equal to or less than 200
percent of the federal poverty guidelines; or
(iv) do not have dental health coverage, either through a state public health care
program or private insurance, and whose family gross income is equal to or less than 200
percent of the federal poverty guidelines.
(c) "Dental health professional shortage area" means an area that meets the criteria
established by the secretary of the United States Department of Health and Human
Services and is designated as such under United States Code, title 42, section 254e.
Sec. 4.
Minnesota Statutes 2010, section 150A.106, is amended to read:
150A.106 ADVANCED DENTAL THERAPIST.
Subdivision 1.
General.
In order to be certified by the board to practice as an
advanced dental therapist, a person must:
(1) complete a dental therapy education program;
(2) pass an examination to demonstrate competency under the dental therapy scope
of practice;
(3) be licensed as a dental therapist;
(4) complete 2,000 hours of dental therapy clinical practice under direct or indirect
supervision;
(5) graduate from deleted text begin a master'sdeleted text end new text begin annew text end advanced dental therapy education program;
(6) pass a board-approved certification examination to demonstrate competency
under the advanced scope of practice; and
(7) submit an application for certification as prescribed by the board.
Subd. 2.
Scope of practice.
(a) An advanced dental therapist certified by the board
under this section may perform the following services and procedures pursuant to the
written collaborative management agreement:
(1) an oral deleted text begin evaluation anddeleted text end assessment of dental disease deleted text begin anddeleted text end new text begin to be used innew text end the
formulation of an individualized treatment plan deleted text begin authorizeddeleted text end new text begin preparednew text end by the collaborating
dentist;
(2) the services and procedures described under section 150A.105, subdivision 4,
paragraphs (c) and (d); and
(3) nonsurgical extractions of permanent teeth as limited in subdivision 3, paragraph
(b).
(b) The services and procedures described under this subdivision may be performed
under general supervision.
Subd. 3.
Practice limitation.
(a) An advanced practice dental therapist shall not
perform any service or procedure described in subdivision 2 deleted text begin except as authorizeddeleted text end new text begin until an
examination and diagnosis have been completed, an individual treatment plan prepared,
and informed consent has been obtained in advancenew text end by the collaborating dentist.
(b) An advanced dental therapist may perform nonsurgical extractions of
periodontally diseased permanent teeth with tooth mobility of +3 to +4 under general
supervision if authorized in advance by the collaborating dentist. The advanced dental
therapist shall not extract a tooth for any patient if the tooth is unerupted, impacted,
fractured, or needs to be sectioned for removal.
(c) The collaborating dentist is responsible for directly providing or arranging for
another dentist or specialist to provide any necessary advanced services needed by the
patient.
(d) An advanced dental therapist in accordance with the collaborative management
agreement must refer patients to another qualified dental or health care professional to
receive any needed services that exceed the scope of practice of the advanced dental
therapist.
(e) In addition to the collaborative management agreement requirements described in
section 150A.105, a collaborative management agreement entered into with an advanced
dental therapist must include specific written protocols to govern situations in which
the advanced dental therapist encounters a patient who requires treatment that exceeds
the authorized scope of practice of the advanced dental therapist. The collaborating
dentist must ensure that a dentist is available to the advanced dental therapist for timely
consultationnew text begin to diagnose, develop an individualized treatment plan, and obtain informed
consentnew text end during treatment deleted text begin if neededdeleted text end and must either provide or arrange with another dentist
or specialist to provide the necessary treatment to any patient who requires more treatment
than the advanced dental therapist is authorized to provide.
Subd. 4.
Medications.
(a) An advanced dental therapist may deleted text begin provide,deleted text end dispensedeleted text begin ,deleted text end and
administer the following drugs within the parameters of the collaborative management
agreement, within the scope of practice of the advanced dental therapist practitioner,
and with the authorization of the collaborating dentist: analgesics, anti-inflammatories,
and antibiotics.
(b) The authority to deleted text begin provide,deleted text end dispensedeleted text begin ,deleted text end and administer shall extend only to the
categories of drugs identified in this subdivision, and may be further limited by the
collaborative management agreement.
(c) The authority to dispense includes the authority to dispense sample drugs within
the categories identified in this subdivision if dispensing is permitted by the collaborative
management agreement.
(d) Notwithstanding paragraph (a), an advanced dental therapist is prohibited from
providing, dispensing, or administering a narcotic drug as defined in section 152.01,
subdivision 10.