HF 1767

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health occupations; creating licensure for 
  1.3             dental assistants; amending Minnesota Statutes 1998, 
  1.4             sections 144.054, subdivision 2; 150A.01, subdivisions 
  1.5             5 and 8; 150A.02, subdivision 1; 150A.03, subdivision 
  1.6             1; 150A.05, subdivision 2, and by adding a 
  1.7             subdivision; 150A.06, subdivisions 2a, 2b, 5, and 6; 
  1.8             150A.08, subdivisions 1, 3, 4, 5, 6, and 8; 150A.081, 
  1.9             subdivisions 1 and 2; 150A.09, subdivisions 1, 3, and 
  1.10            5; 150A.10, subdivision 2; and 214.18, subdivision 5. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 144.054, 
  1.13  subdivision 2, is amended to read: 
  1.14     Subd. 2.  [HIV; HBV.] The commissioner may subpoena 
  1.15  privileged medical information of patients who may have been 
  1.16  exposed by a licensed dental hygienist, dentist, physician, 
  1.17  nurse, podiatrist, a registered or dental assistant, or a 
  1.18  physician's assistant who is infected with the human 
  1.19  immunodeficiency virus (HIV) or hepatitis B virus (HBV) when the 
  1.20  commissioner has determined that it may be necessary to notify 
  1.21  those patients that they may have been exposed to HIV or HBV. 
  1.22     Sec. 2.  Minnesota Statutes 1998, section 150A.01, 
  1.23  subdivision 5, is amended to read: 
  1.24     Subd. 5.  [UNLICENSED DENTAL ASSISTANT.] "Unlicensed dental 
  1.25  assistant" means a person performing acts authorized under 
  1.26  section 150A.10, subdivision 2.  
  1.27     Sec. 3.  Minnesota Statutes 1998, section 150A.01, 
  1.28  subdivision 8, is amended to read: 
  2.1      Subd. 8.  [REGISTERED DENTAL ASSISTANT.] "Registered Dental 
  2.2   assistant" means a person registered licensed pursuant to 
  2.4   section 150A.06 sections 150A.01 to 150A.12 to perform the 
  2.5   services authorized pursuant to sections 150A.05, subdivision 
  2.6   1b, and 150A.10, subdivision 2. 
  2.7      Sec. 4.  Minnesota Statutes 1998, section 150A.02, 
  2.8   subdivision 1, is amended to read: 
  2.9      Subdivision 1.  There is hereby created a board of 
  2.10  dentistry whose duty it shall be to carry out the purposes and 
  2.11  enforce the provisions of sections 150A.01 to 150A.12.  The 
  2.12  board shall consist of two public members as defined by section 
  2.13  214.02, five qualified resident dentists, one qualified resident 
  2.14  registered dental assistant, and one qualified resident dental 
  2.15  hygienist appointed by the governor.  Membership terms, 
  2.16  compensation of members, removal of members, the filling of 
  2.17  membership vacancies, and fiscal year and reporting requirements 
  2.18  shall be as provided in sections 214.07 to 214.09.  The 
  2.19  provision of staff, administrative services and office space; 
  2.20  the review and processing of board complaints; the setting of 
  2.21  board fees; and other provisions relating to board operations 
  2.22  shall be as provided in chapter 214.  Each board member who is a 
  2.23  dentist, registered dental assistant, or dental hygienist shall 
  2.24  have been lawfully in active practice in this state for five 
  2.25  years immediately preceding appointment; and no board member 
  2.26  shall be eligible for appointment to more than two consecutive 
  2.27  four-year terms, and members serving on the board at the time of 
  2.28  the enactment hereof shall be eligible to reappointment provided 
  2.29  they shall not have served more than nine consecutive years at 
  2.30  the expiration of the term to which they are to be appointed.  
  2.31  At least 90 days prior to the expiration of the terms of 
  2.32  dentists, registered dental assistants, or dental hygienists, 
  2.33  the Minnesota dental association, Minnesota dental assistants 
  2.34  association, or the Minnesota state dental hygiene association 
  2.35  shall recommend to the governor for each term expiring not less 
  2.36  than two dentists, two registered dental assistants, or two 
  2.37  dental hygienists, respectively, who are qualified to serve on 
  3.1   the board, and from the list so recommended the governor may 
  3.2   appoint members to the board for the term of four years, the 
  3.3   appointments to be made within 30 days after the expiration of 
  3.4   the terms.  Within 60 days after the occurrence of a dentist, 
  3.5   registered dental assistant, or dental hygienist vacancy, prior 
  3.6   to the expiration of the term, in the board, the Minnesota 
  3.7   dental association, the Minnesota dental assistants association, 
  3.8   or the Minnesota state dental hygiene association shall 
  3.9   recommend to the governor not less than two dentists, two 
  3.10  registered dental assistants, or two dental hygienists, who are 
  3.11  qualified to serve on the board and from the list so recommended 
  3.12  the governor, within 30 days after receiving such list of 
  3.13  dentists, may appoint one member to the board for the unexpired 
  3.14  term occasioned by such vacancy.  Any appointment to fill a 
  3.15  vacancy shall be made within 90 days after the occurrence of 
  3.16  such vacancy.  The first four-year term of the dental hygienist 
  3.17  and of the registered dental assistant shall commence on the 
  3.18  first Monday in January, 1977. 
  3.19     Sec. 5.  Minnesota Statutes 1998, section 150A.03, 
  3.20  subdivision 1, is amended to read: 
  3.21     Subdivision 1.  [OFFICERS.] The board shall elect from its 
  3.22  members a president, a vice-president, and a secretary.  The 
  3.23  board shall have a common seal.  It may hold meetings at such 
  3.24  times as may be necessary and as it may determine.  The board 
  3.25  may affiliate and participate, both in and out-of-state, with 
  3.26  regional and national testing agencies for the purpose of 
  3.27  conducting examinations for licensure and registration.  The fee 
  3.28  charged by such an agency for conducting the examination may be 
  3.29  in addition to the application fee established by the board 
  3.30  pursuant to section 150A.06. 
  3.31     Sec. 6.  Minnesota Statutes 1998, section 150A.05, is 
  3.32  amended by adding a subdivision to read: 
  3.33     Subd. 1b.  [PRACTICE OF DENTAL ASSISTING.] A person shall 
  3.34  be deemed to be practicing as a dental assistant within the 
  3.35  meaning of sections 150A.01 to 150A.12 who performs any duty or 
  3.36  related services delegated by a licensed dentist as permitted by 
  4.1   the rules of the board. 
  4.2      Sec. 7.  Minnesota Statutes 1998, section 150A.05, 
  4.3   subdivision 2, is amended to read: 
  4.4      Subd. 2.  [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES 
  4.5   AND OPERATIONS.] Sections 150A.01 to 150A.12 do not apply to: 
  4.6      (1) the practice of dentistry or, dental hygiene, or dental 
  4.7   assisting in any branch of the armed services of the United 
  4.8   States, the United States Public Health Service, or the United 
  4.9   States Veterans Administration; 
  4.10     (2) the practice of dentistry, dental hygiene, or dental 
  4.11  assisting by undergraduate dental students, dental hygiene 
  4.12  students, and dental assisting students of the University of 
  4.13  Minnesota, schools of dental hygiene, or schools of dental 
  4.14  assisting approved by the board, when acting under the direction 
  4.15  and supervision of a licensed dentist or, a licensed dental 
  4.16  hygienist, or a licensed dental assistant acting as an 
  4.17  instructor; 
  4.18     (3) the practice of dentistry by licensed dentists of other 
  4.19  states or countries while appearing as clinicians under the 
  4.20  auspices of a duly approved dental school or college, or a 
  4.21  reputable dental society, or a reputable dental study club 
  4.22  composed of dentists; 
  4.23     (4) the actions of persons while they are taking 
  4.24  examinations for licensure or registration administered or 
  4.25  approved by the board pursuant to sections 150A.03, subdivision 
  4.26  1, and 150A.06, subdivisions 1, 2, and 2a; 
  4.27     (5) the practice of dentistry by dentists and dental 
  4.28  hygienists licensed by other states during their functioning as 
  4.29  examiners responsible for conducting licensure or registration 
  4.30  examinations administered by regional and national testing 
  4.31  agencies with whom the board is authorized to affiliate and 
  4.32  participate under section 150A.03, subdivision 1, and the 
  4.33  practice of dentistry by the regional and national testing 
  4.34  agencies during their administering examinations pursuant to 
  4.35  section 150A.03, subdivision 1; 
  4.36     (6) the use of X-rays or other diagnostic imaging 
  5.1   modalities for making radiographs or other similar records in a 
  5.2   hospital under the supervision of a physician or dentist or by a 
  5.3   person who is credentialed to use diagnostic imaging modalities 
  5.4   or X-ray machines for dental treatment, roentgenograms, or 
  5.5   dental diagnostic purposes by a credentialing agency other than 
  5.6   the board of dentistry; or 
  5.7      (7) the service, other than service performed directly upon 
  5.8   the person of a patient, of constructing, altering, repairing, 
  5.9   or duplicating any denture, partial denture, crown, bridge, 
  5.10  splint, orthodontic, prosthetic, or other dental appliance, when 
  5.11  performed according to a written work order from a licensed 
  5.12  dentist in accordance with section 150A.10, subdivision 3. 
  5.13     Sec. 8.  Minnesota Statutes 1998, section 150A.06, 
  5.14  subdivision 2a, is amended to read: 
  5.15     Subd. 2a.  [REGISTERED DENTAL ASSISTANT ASSISTANTS.] A 
  5.16  person of good moral character, who has submitted an application 
  5.17  and fee as prescribed by the board and the diploma or equivalent 
  5.18  awarded to the person by a training school for dental assistants 
  5.19  or its equivalent approved by the board, may be examined by the 
  5.20  board or by an agency pursuant to section 150A.03, subdivision 
  5.21  1, in a manner to test the applicant's fitness to perform as a 
  5.22  registered licensed dental assistant.  In the case of 
  5.23  examinations conducted pursuant to section 150A.03, subdivision 
  5.24  1, applicants may take the examination before applying to the 
  5.25  board for registration licensure.  The examination shall include 
  5.26  an examination of the applicant's knowledge of the laws of 
  5.27  Minnesota relating to dentistry and the rules of the board.  An 
  5.28  applicant is ineligible to retake the clinical examination 
  5.29  required by the board after failing it twice until further 
  5.30  education and training are obtained as specified by the board by 
  5.31  rule.  A separate, nonrefundable fee may be charged for each 
  5.32  time a person applies.  An applicant who passes the examination 
  5.33  in compliance with subdivision 2b and meets all the other 
  5.34  requirements of the board shall be registered licensed as a 
  5.35  dental assistant.  The examination fee set by the board in rule 
  5.36  is the application fee until the board amends, repeals, or 
  6.1   otherwise changes the rules pursuant to chapter 14. 
  6.2      Sec. 9.  Minnesota Statutes 1998, section 150A.06, 
  6.3   subdivision 2b, is amended to read: 
  6.4      Subd. 2b.  [EXAMINATION.] When board members administer the 
  6.5   examination for licensure or registration, only those board 
  6.6   members qualified for the particular examination may administer 
  6.7   it.  An examination which the board requires as a condition of 
  6.8   licensure or registration must have been taken within the five 
  6.9   years before the board receives the application for licensure or 
  6.10  registration.  
  6.11     Sec. 10.  Minnesota Statutes 1998, section 150A.06, 
  6.12  subdivision 5, is amended to read: 
  6.13     Subd. 5.  [FRAUD IN SECURING LICENSES.] Every person 
  6.14  implicated in employing fraud or deception in applying for or 
  6.15  securing a license to practice dentistry or, dental hygiene or 
  6.16  in applying for or securing a registration to practice, dental 
  6.17  assisting, or in annually registering a license or registration 
  6.18  under sections 150A.01 to 150A.12 is guilty of a gross 
  6.19  misdemeanor. 
  6.20     Sec. 11.  Minnesota Statutes 1998, section 150A.06, 
  6.21  subdivision 6, is amended to read: 
  6.22     Subd. 6.  [DISPLAY OF NAME AND CERTIFICATES.] The name, and 
  6.23  license certificate, and annual registration certificate of 
  6.24  every licensed dentist, dental hygienist, or registered dental 
  6.25  assistant shall be conspicuously displayed in every office in 
  6.26  which that person practices, in plain sight of patients.  If 
  6.27  there is more than one dentist, dental hygienist, or registered 
  6.28  dental assistant practicing or employed in any office, the 
  6.29  manager or proprietor of the office shall display in plain sight 
  6.30  the name, license certificate and annual registration 
  6.31  certificate of each dentist, dental hygienist, or registered 
  6.32  dental assistant practicing or employed there.  Near or on the 
  6.33  entrance door to every office where dentistry is practiced, the 
  6.34  name of each dentist practicing there, as inscribed on the 
  6.35  license certificate and annual registration certificate of each 
  6.36  dentist, shall be displayed in plain sight.  
  7.1      Sec. 12.  Minnesota Statutes 1998, section 150A.08, 
  7.2   subdivision 1, is amended to read: 
  7.3      Subdivision 1.  [GROUNDS.] The board may refuse or by order 
  7.4   suspend or revoke, limit or modify by imposing conditions it 
  7.5   deems necessary, any license to practice dentistry or, dental 
  7.6   hygiene, or the registration of any dental assistant assisting 
  7.7   upon any of the following grounds: 
  7.8      (1) Fraud or deception in connection with the practice of 
  7.9   dentistry or the securing of a license or annual registration 
  7.10  certificate; 
  7.11     (2) Conviction, including a finding or verdict of guilt, an 
  7.12  admission of guilt, or a no contest plea, in any court of a 
  7.13  felony or gross misdemeanor reasonably related to the practice 
  7.14  of dentistry as evidenced by a certified copy of the conviction; 
  7.15     (3) Conviction, including a finding or verdict of guilt, an 
  7.16  admission of guilt, or a no contest plea, in any court of an 
  7.17  offense involving moral turpitude as evidenced by a certified 
  7.18  copy of the conviction; 
  7.19     (4) Habitual overindulgence in the use of intoxicating 
  7.20  liquors; 
  7.21     (5) Improper or unauthorized prescription, dispensing, 
  7.22  administering, or personal or other use of any legend drug as 
  7.23  defined in chapter 151, of any chemical as defined in chapter 
  7.24  151, or of any controlled substance as defined in chapter 152; 
  7.25     (6) Conduct unbecoming a person licensed to practice 
  7.26  dentistry or, dental hygiene, or registered as a dental 
  7.27  assistant assisting, or conduct contrary to the best interest of 
  7.28  the public, as such conduct is defined by the rules of the 
  7.29  board; 
  7.30     (7) Gross immorality; 
  7.31     (8) Any physical, mental, emotional, or other disability 
  7.32  which adversely affects a dentist's, dental hygienist's, or 
  7.33  registered dental assistant's ability to perform the service for 
  7.34  which the person is licensed or registered; 
  7.35     (9) Revocation or suspension of a license, registration, or 
  7.36  equivalent authority to practice, or other disciplinary action 
  8.1   or denial of a license or registration application taken by a 
  8.2   licensing, registering, or credentialing authority of another 
  8.3   state, territory, or country as evidenced by a certified copy of 
  8.4   the licensing authority's order, if the disciplinary action or 
  8.5   application denial was based on facts that would provide a basis 
  8.6   for disciplinary action under this chapter and if the action was 
  8.7   taken only after affording the credentialed person or applicant 
  8.8   notice and opportunity to refute the allegations or pursuant to 
  8.9   stipulation or other agreement; 
  8.10     (10) Failure to maintain adequate safety and sanitary 
  8.11  conditions for a dental office in accordance with the standards 
  8.12  established by the rules of the board; 
  8.13     (11) Employing, assisting, or enabling in any manner an 
  8.14  unlicensed person to practice dentistry; 
  8.15     (12) Failure or refusal to attend, testify, and produce 
  8.16  records as directed by the board under subdivision 7; 
  8.17     (13) Violation of, or failure to comply with, any other 
  8.18  provisions of sections 150A.01 to 150A.12, the rules of the 
  8.19  board of dentistry, or any disciplinary order issued by the 
  8.20  board, section 144.335 or 595.02, subdivision 1, paragraph (d), 
  8.21  or for any other just cause related to the practice of 
  8.22  dentistry.  Suspension, revocation, modification or limitation 
  8.23  of any license shall not be based upon any judgment as to 
  8.24  therapeutic or monetary value of any individual drug prescribed 
  8.25  or any individual treatment rendered, but only upon a repeated 
  8.26  pattern of conduct; 
  8.27     (14) Knowingly providing false or misleading information 
  8.28  that is directly related to the care of that patient unless done 
  8.29  for an accepted therapeutic purpose such as the administration 
  8.30  of a placebo; or 
  8.31     (15) Aiding suicide or aiding attempted suicide in 
  8.32  violation of section 609.215 as established by any of the 
  8.33  following:  
  8.34     (i) a copy of the record of criminal conviction or plea of 
  8.35  guilty for a felony in violation of section 609.215, subdivision 
  8.36  1 or 2; 
  9.1      (ii) a copy of the record of a judgment of contempt of 
  9.2   court for violating an injunction issued under section 609.215, 
  9.3   subdivision 4; 
  9.4      (iii) a copy of the record of a judgment assessing damages 
  9.5   under section 609.215, subdivision 5; or 
  9.6      (iv) a finding by the board that the person violated 
  9.7   section 609.215, subdivision 1 or 2.  The board shall 
  9.8   investigate any complaint of a violation of section 609.215, 
  9.9   subdivision 1 or 2. 
  9.10     Sec. 13.  Minnesota Statutes 1998, section 150A.08, 
  9.11  subdivision 3, is amended to read: 
  9.12     Subd. 3.  [REINSTATEMENT.] Any licensee or registrant whose 
  9.13  license or registration has been suspended or revoked may have 
  9.14  the license or registration reinstated or a new license or 
  9.15  registration issued, as the case may be, when the board deems 
  9.16  the action is warranted.  The board may require the licensee or 
  9.17  registrant to pay all costs of proceedings resulting in the 
  9.18  suspension or revocation of license or registration and 
  9.19  reinstatement or new license and the fee for reinstatement 
  9.20  established by the board.  Any licensee or registrant who has 
  9.21  been disciplined by the board in a manner other than by 
  9.22  suspension or revocation may be required by the board to pay all 
  9.23  costs of proceedings resulting in the disciplinary action.  
  9.24     Sec. 14.  Minnesota Statutes 1998, section 150A.08, 
  9.25  subdivision 4, is amended to read: 
  9.26     Subd. 4.  [RECORDS.] The executive secretary of the board 
  9.27  shall keep a record of all licenses and registration 
  9.28  certificates issued, suspended, or revoked. 
  9.29     Sec. 15.  Minnesota Statutes 1998, section 150A.08, 
  9.30  subdivision 5, is amended to read: 
  9.31     Subd. 5.  [MEDICAL EXAMINATIONS.] If the board has probable 
  9.32  cause to believe that a dentist, dental hygienist, registered 
  9.33  dental assistant, or applicant engages in acts described in 
  9.34  subdivision 1, clause (4) or (5), or has a condition described 
  9.35  in subdivision 1, clause (8), it shall direct the dentist, 
  9.36  dental hygienist, dental assistant, or applicant to submit to a 
 10.1   mental or physical examination or a chemical dependency 
 10.2   assessment.  For the purpose of this subdivision, every dentist, 
 10.3   hygienist, or assistant licensed or registered under this 
 10.4   chapter or person submitting an application for a license or 
 10.5   registration is deemed to have given consent to submit to a 
 10.6   mental or physical examination when directed in writing by the 
 10.7   board and to have waived all objections in any proceeding under 
 10.8   this section to the admissibility of the examining physician's 
 10.9   testimony or examination reports on the ground that they 
 10.10  constitute a privileged communication.  Failure to submit to an 
 10.11  examination without just cause may result in an application 
 10.12  being denied or a default and final order being entered without 
 10.13  the taking of testimony or presentation of evidence, other than 
 10.14  evidence which may be submitted by affidavit, that the licensee, 
 10.15  registrant, or applicant did not submit to the examination.  A 
 10.16  dentist, dental hygienist, registered dental assistant, or 
 10.17  applicant affected under this section shall at reasonable 
 10.18  intervals be afforded an opportunity to demonstrate ability to 
 10.19  start or resume the competent practice of dentistry or perform 
 10.20  the duties of a dental hygienist or registered dental assistant 
 10.21  with reasonable skill and safety to patients.  In any proceeding 
 10.22  under this subdivision, neither the record of proceedings nor 
 10.23  the orders entered by the board is admissible, is subject to 
 10.24  subpoena, or may be used against the dentist, dental 
 10.25  hygienist, registered dental assistant, or applicant in any 
 10.26  proceeding not commenced by the board.  Information obtained 
 10.27  under this subdivision shall be classified as private pursuant 
 10.28  to the Minnesota Government Data Practices Act.  
 10.29     Sec. 16.  Minnesota Statutes 1998, section 150A.08, 
 10.30  subdivision 6, is amended to read: 
 10.31     Subd. 6.  [MEDICAL RECORDS.] Notwithstanding contrary 
 10.32  provisions of sections 13.42 and 144.651 or any other statute 
 10.33  limiting access to medical or other health data, the board may 
 10.34  obtain medical data and health records of a licensee, 
 10.35  registrant, or applicant without the licensee's, registrant's, 
 10.36  or applicant's consent if the information is requested by the 
 11.1   board as part of the process specified in subdivision 5.  The 
 11.2   medical data may be requested from a provider, as defined in 
 11.3   section 144.335, subdivision 1, clause (b), an insurance 
 11.4   company, or a government agency, including the department of 
 11.5   human services.  A provider, insurance company, or government 
 11.6   agency shall comply with any written request of the board under 
 11.7   this subdivision and shall not be liable in any action for 
 11.8   damages for releasing the data requested by the board if the 
 11.9   data are released pursuant to a written request under this 
 11.10  subdivision, unless the information is false and the provider 
 11.11  giving the information knew, or had reason to believe, the 
 11.12  information was false.  Information obtained under this 
 11.13  subdivision shall be classified as private under the Minnesota 
 11.14  Government Data Practices Act.  
 11.15     Sec. 17.  Minnesota Statutes 1998, section 150A.08, 
 11.16  subdivision 8, is amended to read: 
 11.17     Subd. 8.  [SUSPENSION OF LICENSE.] In addition to any other 
 11.18  remedy provided by law, the board may, through its designated 
 11.19  board members pursuant to section 214.10, subdivision 2, 
 11.20  temporarily suspend a license or registration without a hearing 
 11.21  if the board finds that the licensee or registrant has violated 
 11.22  a statute or rule which the board is empowered to enforce and 
 11.23  continued practice by the licensee or registrant would create an 
 11.24  imminent risk of harm to others.  The suspension shall take 
 11.25  effect upon written notice to the licensee or registrant served 
 11.26  by first class mail specifying the statute or rule violated, and 
 11.27  the time, date, and place of the hearing before the board.  If 
 11.28  the notice is returned by the post office, the notice shall be 
 11.29  effective upon reasonable attempts to locate and serve the 
 11.30  licensee or registrant.  Within ten days of service of the 
 11.31  notice, the board shall hold a hearing before its own members on 
 11.32  the sole issue of whether there is a reasonable basis to 
 11.33  continue, modify, or lift the suspension.  Evidence presented by 
 11.34  the board, or licensee, or registrant, shall be in affidavit 
 11.35  form only.  The licensee or registrant or counsel of the 
 11.36  licensee or registrant may appear for oral argument.  Within 
 12.1   five working days after the hearing, the board shall issue its 
 12.2   order and, if the suspension is continued, the board shall 
 12.3   schedule a disciplinary hearing to be held pursuant to the 
 12.4   Administrative Procedure Act within 45 days of issuance of the 
 12.5   order.  The administrative law judge shall issue a report within 
 12.6   30 days of the closing of the contested case hearing record.  
 12.7   The board shall issue a final order within 30 days of receiving 
 12.8   that report.  The board may allow a person who was licensed by 
 12.9   any state to practice dentistry and whose license has been 
 12.10  suspended to practice dentistry under the supervision of a 
 12.11  licensed dentist for the purpose of demonstrating competence and 
 12.12  eligibility for reinstatement.  
 12.13     Sec. 18.  Minnesota Statutes 1998, section 150A.081, 
 12.14  subdivision 1, is amended to read: 
 12.15     Subdivision 1.  [ACCESS TO DATA ON LICENSEE OR REGISTRANT.] 
 12.16  When the board has probable cause to believe that a 
 12.17  licensee's or registrant's condition meets a ground listed in 
 12.18  section 150A.08, subdivision 1, clause (4) or (8), it may, 
 12.19  notwithstanding sections 13.42, 144.651, or any other law 
 12.20  limiting access to medical data, obtain medical or health 
 12.21  records on the licensee or registrant without the licensee's or 
 12.22  registrant's consent.  The medical data may be requested from a 
 12.23  provider, as defined in section 144.335, subdivision 1, 
 12.24  paragraph (b), an insurance company, or a government agency.  A 
 12.25  provider, insurance company, or government agency shall comply 
 12.26  with a written request of the board under this subdivision and 
 12.27  is not liable in any action for damages for releasing the data 
 12.28  requested by the board if the data are released under the 
 12.29  written request, unless the information is false and the entity 
 12.30  providing the information knew, or had reason to believe, the 
 12.31  information was false. 
 12.32     Sec. 19.  Minnesota Statutes 1998, section 150A.081, 
 12.33  subdivision 2, is amended to read: 
 12.34     Subd. 2.  [ACCESS TO DATA ON PATIENTS.] The board has 
 12.35  access to medical records of a patient treated by a licensee or 
 12.36  registrant under review if the patient signs a written consent 
 13.1   permitting access.  If the patient has not given consent, the 
 13.2   licensee or registrant must delete data from which a patient may 
 13.3   be identified before releasing medical records to the board. 
 13.4      Sec. 20.  Minnesota Statutes 1998, section 150A.09, 
 13.5   subdivision 1, is amended to read: 
 13.6      Subdivision 1.  [REGISTRATION RENEWAL INFORMATION AND 
 13.7   PROCEDURE.] On or before the license or registration certificate 
 13.8   expiration date, every licensed dentist, dental hygienist, 
 13.9   and registered dental assistant shall transmit to the executive 
 13.10  secretary of the board, pertinent information required by the 
 13.11  board, together with the fee established by the board.  At least 
 13.12  30 days before a license or registration certificate expiration 
 13.13  date, the board shall send a written notice stating the amount 
 13.14  and due date of the fee and the information to be provided to 
 13.15  every licensed dentist, dental hygienist, and registered dental 
 13.16  assistant. 
 13.17     Sec. 21.  Minnesota Statutes 1998, section 150A.09, 
 13.18  subdivision 3, is amended to read: 
 13.19     Subd. 3.  [CURRENT ADDRESS, CHANGE OF ADDRESS.] Every 
 13.20  dentist, dental hygienist, and registered dental assistant shall 
 13.21  maintain with the board a correct and current mailing address.  
 13.22  For dentists engaged in the practice of dentistry, the address 
 13.23  shall be that of the location of the primary dental practice.  
 13.24  Within 30 days after changing addresses, every dentist, dental 
 13.25  hygienist, and registered dental assistant shall provide the 
 13.26  board written notice of the new address either personally or by 
 13.27  first class mail. 
 13.28     Sec. 22.  Minnesota Statutes 1998, section 150A.09, 
 13.29  subdivision 5, is amended to read: 
 13.30     Subd. 5.  [LATE FEE.] A late fee established by the board 
 13.31  shall be paid if the information and fee required by subdivision 
 13.32  1 is not received by the executive secretary of the board on or 
 13.33  before the registration or license renewal date. 
 13.34     Sec. 23.  Minnesota Statutes 1998, section 150A.10, 
 13.35  subdivision 2, is amended to read: 
 13.36     Subd. 2.  [LICENSED AND UNLICENSED DENTAL ASSISTANTS.] 
 14.1   Every licensed dentist who uses the services of any licensed or 
 14.2   unlicensed person dental assistant for the purpose of assistance 
 14.3   in the practice of dentistry shall be responsible for the acts 
 14.4   of such unlicensed person while engaged in such assistance.  A 
 14.5   licensed dental assistant may provide any service delegated by a 
 14.6   licensed dentist as permitted by the rules of the board.  Such 
 14.7   dentist shall permit such an unlicensed assistant to perform 
 14.8   only those acts which are authorized to be delegated to 
 14.9   unlicensed assistants by the board of dentistry.  Such acts 
 14.10  shall be performed under supervision of a licensed dentist.  The 
 14.11  board may permit differing levels of dental assistance based 
 14.12  upon recognized educational standards, approved by the board, 
 14.13  for the training of dental assistants.  The board may also 
 14.14  define by rule the scope of practice of registered and 
 14.15  nonregistered licensed and unlicensed dental assistants.  The 
 14.16  board by rule may require continuing education for differing 
 14.17  levels of dental assistants, as a condition to 
 14.18  their registration licensure or authority to perform their 
 14.19  authorized duties.  Any licensed dentist who shall permit such a 
 14.20  licensed or unlicensed assistant to perform any dental service 
 14.21  other than that authorized by the board shall be deemed to be 
 14.22  enabling an unlicensed person to practice dentistry, and 
 14.23  commission of such an act by such a licensed or unlicensed 
 14.24  assistant shall constitute a violation of sections 150A.01 to 
 14.25  150A.12. 
 14.26     Sec. 24.  Minnesota Statutes 1998, section 214.18, 
 14.27  subdivision 5, is amended to read: 
 14.28     Subd. 5.  [REGULATED PERSON.] "Regulated person" means a 
 14.29  licensed dental hygienist, dentist, physician, nurse, 
 14.30  podiatrist, a registered dental assistant, a physician's 
 14.31  assistant, and for purposes of sections 214.19, subdivisions 4 
 14.32  and 5; 214.20, paragraph (a); and 214.24, a chiropractor.