HF 1865

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health occupations; modifying dental
licensure provisions; establishing fees; amending
Minnesota Statutes 2004, sections 150A.01, subdivision
6a; 150A.06, subdivision 1a; 150A.10, subdivision 1a;
proposing coding for new law in Minnesota Statutes,
chapter 150A.

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

Section 1.

Minnesota Statutes 2004, section 150A.01,
subdivision 6a, is amended to read:

Subd. 6a.

Faculty dentist.

"Faculty dentist" means a
person who is licensed to practice dentistry as a faculty member
of a school of dentistry new text begin , pursuant to section 150A.06,
subdivision 1a new text end .

Sec. 2.

Minnesota Statutes 2004, 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 of the American Dental
Association 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. deleted text begin The license expires the next July 1 and may, at the
discretion of the board, be renewed on a yearly basis. deleted text end new text begin 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. new text end 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
of the American Dental Association, 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
of the American Dental Association 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. 3.

new text begin [150A.091] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fee refunds. new text end

new text begin No fee may be refunded for
any reason.
new text end

new text begin Subd. 2. new text end

new text begin Application fees. new text end

new text begin Each applicant for licensure
or registration shall submit with a license or registration
application a nonrefundable fee in the following amounts in
order to administratively process an application:
new text end

new text begin (1) dentist, $140;
new text end

new text begin (2) limited faculty dentist, $140;
new text end

new text begin (3) resident dentist, $55;
new text end

new text begin (4) dental hygienist, $55;
new text end

new text begin (5) registered dental assistant, $35; and
new text end

new text begin (6) dental assistant with a limited registration, $15.
new text end

new text begin Subd. 3. new text end

new text begin Initial license or registration fees. new text end

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

new text begin (1) dentist, $14 times the number of months of the initial
term;
new text end

new text begin (2) dental hygienist, $5 times the number of months of the
initial term;
new text end

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

new text begin (4) dental assistant with a limited registration, $1 times
the number of months of the initial term.
new text end

new text begin Subd. 4. new text end

new text begin Annual license fees. new text end

new text begin Each limited faculty or
resident dentist shall submit with an annual license renewal
application a fee established by the board not to exceed the
following amounts:
new text end

new text begin (1) limited faculty dentist, $168; and
new text end

new text begin (2) resident dentist, $59.
new text end

new text begin Subd. 5. new text end

new text begin Biennial license or registration fees. new text end

new text begin Each of
the following licensees or registrants shall submit with a
biennial license or registration renewal application a fee as
established by the board, not to exceed the following amounts:
new text end

new text begin (1) dentist, $336;
new text end

new text begin (2) dental hygienist, $118;
new text end

new text begin (3) registered dental assistant, $80; and
new text end

new text begin (4) dental assistant with a limited registration, $24.
new text end

new text begin Subd. 6. new text end

new text begin Annual license late fee. new text end

new text begin Applications for
renewal of any license received after the time specified in
Minnesota Rules, part 3100.1750, must be assessed a late fee
equal to 50 percent of the annual renewal fee.
new text end

new text begin Subd. 7. new text end

new text begin Biennial license or registration late
fee. new text end

new text begin Applications for renewal of any license or registration
received after the time specified in Minnesota Rules, part
3100.1700, must be assessed a late fee equal to 25 percent of
the biennial renewal fee.
new text end

new text begin Subd. 8. new text end

new text begin Duplicate license or registration fee. new text end

new text begin Each
licensee or registrant shall submit, with a request for issuance
of a duplicate of the original license or registration, or of an
annual or biennial renewal of it, a fee in the following amounts:
new text end

new text begin (1) original dentist or dental hygiene license, $35; and
new text end

new text begin (2) initial and renewal registration certificates and
license renewal certificates, $10.
new text end

new text begin Subd. 9. new text end

new text begin Licensure and registration by credentials. new text end

new text begin Each
applicant for licensure as a dentist or dental hygienist or for
registration as a registered dental assistant by credentials
pursuant to section 150A.06, subdivisions 4 and 8, and Minnesota
Rules, part 3100.1400, shall submit with the license or
registration application a fee in the following amounts:
new text end

new text begin (1) dentist, $725;
new text end

new text begin (2) dental hygienist, $175; and
new text end

new text begin (3) registered dental assistant, $35.
new text end

new text begin Subd. 10. new text end

new text begin Reinstatement fee. new text end

new text begin No dentist, dental
hygienist, or registered dental assistant whose license or
registration has been suspended or revoked may have the license
or registration reinstated or a new license or registration
issued until a fee has been submitted to the board in the
following amounts:
new text end

new text begin (1) dentist, $140;
new text end

new text begin (2) dental hygienist, $55; and
new text end

new text begin (3) registered dental assistant, $35.
new text end

new text begin Subd. 11. new text end

new text begin Certificate application fee for
anesthesia/sedation. new text end

new text begin Each dentist shall submit with a general
anesthesia or conscious sedation application a fee as
established by the board not to exceed the following amounts:
new text end

new text begin (1) for both a general anesthesia and conscious sedation
application, $50;
new text end

new text begin (2) for a general anesthesia application only, $50; and
new text end

new text begin (3) for a conscious sedation application only, $50.
new text end

new text begin Subd. 12. new text end

new text begin Duplicate certificate fee for
anesthesia/sedation. new text end

new text begin Each dentist shall submit with a request
for issuance of a duplicate of the original general anesthesia
or conscious sedation certificate a fee in the amount of $10.
new text end

new text begin Subd. 13. new text end

new text begin On-site inspection fee. new text end

new text begin An on-site inspection
fee must be paid to the individual, organization, or agency
conducting the inspection and be limited to a maximum fee as
determined by the board. Travel, lodging, and other expenses
are not part of the on-site inspection fee.
new text end

new text begin Subd. 14. new text end

new text begin Affidavit of licensure. new text end

new text begin Each licensee or
registrant shall submit with a request for an affidavit of
licensure a fee in the amount of $10.
new text end

new text begin Subd. 15. new text end

new text begin Verification of licensure. new text end

new text begin Each institution or
corporation shall submit with a request for verification of a
license or registration a fee in the amount of $5 for each
license or registration to be verified.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 11 and 12 are effective
........
new text end

Sec. 4.

Minnesota Statutes 2004, section 150A.10,
subdivision 1a, is amended to read:

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 certification in advanced or basic
cardiac life support as recognized by the American Heart
Association, the American Red Cross, or another agency that is
equivalent to the American Heart Association or the American Red
Cross.

(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 shall not perform injections of anesthetic
agents or the administration of nitrous oxide unless under the
deleted text begin indirect deleted text end new text begin general new text end supervision of a licensed dentist.
Collaborating dental hygienists may work with unregistered and
registered dental assistants who may only perform duties for
which registration 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.