Minnesota Legislature
HF 2273
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:01am
Current Version - as introduced
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A bill for an act
relating to occupations and professions; providing licensure for dental
professionals; amending Minnesota Statutes 2008, sections 150A.01, subdivision
8; 150A.02, subdivision 1; 150A.05, subdivisions 1, 2; 150A.06, subdivisions
2a, 2b, 2c, 2d, 4a, 5, 7, 8; 150A.08, subdivisions 1, 3, 3a, 5, 6, 8; 150A.081;
150A.09, subdivisions 1, 3; 150A.091, subdivisions 2, 3, 5, 7, 8, 9, 10, 11, 12, 14,
15, by adding subdivisions; 150A.10, subdivisions 1a, 2, 4; 150A.12; 150A.13;
repealing Minnesota Statutes 2008, section 150A.09, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 150A.01, subdivision 8, is amended to
read:
Subd. 8.
deleted text begin Registereddeleted text end new text begin Licensednew text end dental assistant.
"deleted text begin Registereddeleted text end new text begin Licensednew text end dental
assistant" means a person deleted text begin registereddeleted text end new text begin licensednew text end pursuant to section 150A.06.
Sec. 2.
Minnesota Statutes 2008, section 150A.02, subdivision 1, is amended to read:
Subdivision 1.
Generally.
There is hereby created a Board of Dentistry whose duty
it shall be to carry out the purposes and enforce the provisions of sections 150A.01 to
150A.12. The board shall consist of two public members as defined by section 214.02,
five qualified resident dentists, one qualified resident deleted text begin registereddeleted text end new text begin licensednew text end dental assistant,
and one qualified resident dental hygienist appointed by the governor. Membership terms,
compensation of members, removal of members, the filling of membership vacancies, and
fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09.
The provision of staff, administrative services and office space; the review and processing
of board complaints; the setting of board fees; and other provisions relating to board
operations shall be as provided in chapter 214. Each board member who is a dentist,
deleted text begin registereddeleted text end new text begin licensednew text end dental assistant, or dental hygienist shall have been lawfully in active
practice in this state for five years immediately preceding appointment; and no board
member shall be eligible for appointment to more than two consecutive four-year terms,
and members serving on the board at the time of the enactment hereof shall be eligible
to reappointment provided they shall not have served more than nine consecutive years
at the expiration of the term to which they are to be appointed. At least 90 days prior to
the expiration of the terms of dentists, deleted text begin registereddeleted text end new text begin licensednew text end dental assistants, or dental
hygienists, the Minnesota Dental Association, Minnesota Dental Assistants Association,
or the Minnesota State Dental Hygiene Association shall recommend to the governor for
each term expiring not less than two dentists, two deleted text begin registereddeleted text end new text begin licensednew text end dental assistants,
or two dental hygienists, respectively, who are qualified to serve on the board, and from
the list so recommended the governor may appoint members to the board for the term of
four years, the appointments to be made within 30 days after the expiration of the terms.
Within 60 days after the occurrence of a dentist, deleted text begin registereddeleted text end new text begin licensednew text end dental assistant or
dental hygienist vacancy, prior to the expiration of the term, in the board, the Minnesota
Dental Association, the Minnesota Dental Assistants Association, or the Minnesota State
Dental Hygiene Association shall recommend to the governor not less than two dentists,
two deleted text begin registereddeleted text end new text begin licensednew text end dental assistants, or two dental hygienists, who are qualified to
serve on the board and from the list so recommended the governor, within 30 days after
receiving such list of dentists, may appoint one member to the board for the unexpired
term occasioned by such vacancy. Any appointment to fill a vacancy shall be made
within 90 days after the occurrence of such vacancy. The first four-year term of the
dental hygienist and of the deleted text begin registereddeleted text end new text begin licensednew text end dental assistant shall commence on the
first Monday in January, 1977.
Sec. 3.
Minnesota Statutes 2008, section 150A.05, subdivision 1, is amended to read:
Subdivision 1.
Practice of dentistry.
A person shall be deemed to be practicing
dentistry within the meaning of sections 150A.01 to 150A.12:
(1) who uses a dental degree, or designation, or card, device, directory, sign, or other
media whereby the person represents an ability to diagnose, treat, prescribe, or operate for
any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth,
teeth, alveolar process, gums or jaw, or adjacent or associated structures;
(2) who is a manager, proprietor, operator or conductor of a place where dental
operations are performed;
(3) who performs dental operations of any kind gratuitously, or for a fee, gift,
compensation or reward, paid or to be paid, to any person or agency;
(4) who uses a roentgen or X-ray machine for dental treatment, roentgenograms or
for dental diagnostic purposes;
(5) who extracts a human tooth or teeth, or corrects or attempts to correct
malpositions of the human teeth or jaws;
(6) who offers and undertakes, by any means or method, to diagnose, treat or remove
stains or accretions from human teeth or jaws;
(7) who takes impressions of the human tooth, teeth, or jaws or performs any phase
of any operation incident to the replacement of a part of a tooth, a tooth, teeth or associated
tissues by means of a filling, a crown, a bridge, a denture or other appliance;
(8) who furnishes, supplies, constructs, reproduces, repairs, or offers to furnish,
supply, construct, reproduce or repair prosthetic dentures or plates, bridges or other
substitutes for natural teeth, to the user or prospective user thereof; deleted text begin or
deleted text end
(9) who performs any clinical operation included in the curricula of recognized
dental schools and collegesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(10) who dispenses tooth whitening agents or undertakes to whiten or bleach teeth
by any means or method, unless the person is:
new text end
new text begin
(i) dispensing or using a product that may be purchased over the counter for a
person's own use; or
new text end
new text begin
(ii) authorized by the regulations of the board to engage in such activities without
being a licensed dentist.
new text end
Sec. 4.
Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
Subd. 2.
Exemptions and exceptions of certain practices and operations.
Sections 150A.01 to 150A.12 do not apply to:
(1) the practice of dentistry or dental hygiene in any branch of the armed services of
the United States, the United States Public Health Service, or the United States Veterans
Administration;
(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate
dental students, dental hygiene students, and dental assisting students of the University
of Minnesota, schools of dental hygiene, or schools of dental assisting approved by the
board, when acting under the deleted text begin direction anddeleted text end new text begin indirectnew text end supervision of a new text begin Minnesota new text end licensed
dentist deleted text begin or adeleted text end new text begin and under the instruction of a licensed dentist,new text end licensed dental hygienist deleted text begin acting
as an instructordeleted text end new text begin , or licensed dental assistantnew text end ;
(3) the practice of dentistry by licensed dentists of other states or countries while
appearing as clinicians under the auspices of a duly approved dental school or college, or a
reputable dental society, or a reputable dental study club composed of dentists;
(4) the actions of persons while they are taking examinations for licensure
deleted text begin or registrationdeleted text end administered or approved by the board pursuant to sections 150A.03,
subdivision 1, and 150A.06, subdivisions 1, 2, and 2a;
(5) the practice of dentistry by dentists and dental hygienists licensed by other states
during their functioning as examiners responsible for conducting licensure deleted text begin or registrationdeleted text end
examinations administered by regional and national testing agencies with whom the
board is authorized to affiliate and participate under section 150A.03, subdivision 1,
and the practice of dentistry by the regional and national testing agencies during their
administering examinations pursuant to section 150A.03, subdivision 1;
(6) the use of X-rays or other diagnostic imaging modalities for making radiographs
or other similar records in a hospital under the supervision of a physician or dentist or
by a person who is credentialed to use diagnostic imaging modalities or X-ray machines
for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing
agency other than the Board of Dentistry; or
(7) the service, other than service performed directly upon the person of a patient, of
constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
splint, orthodontic, prosthetic, or other dental appliance, when performed according
to a written work order from a licensed dentist in accordance with section 150A.10,
subdivision 3.
Sec. 5.
Minnesota Statutes 2008, section 150A.06, subdivision 2a, is amended to read:
Subd. 2a.
deleted text begin Registereddeleted text end new text begin Licensednew text end dental assistant.
A person of good moral character,
who has graduated from a dental assisting program accredited by the Commission on
Dental Accreditation of the American Dental Association, may apply for deleted text begin registrationdeleted text end new text begin
licensurenew text end . 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 deleted text begin registrationdeleted text end new text begin licensurenew text end . 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 deleted text begin registrationdeleted text end new text begin licensurenew text end
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 deleted text begin registereddeleted text end new text begin licensednew text end as a dental assistant.
Sec. 6.
Minnesota Statutes 2008, section 150A.06, subdivision 2b, is amended to read:
Subd. 2b.
Examination.
When the Board of Dentistry administers the examination
for licensure deleted text begin or registrationdeleted text end , only those board members or board-appointed deputy
examiners qualified for the particular examination may administer it. An examination
which the board requires as a condition of licensure deleted text begin or registrationdeleted text end must have been taken
within the five years before the board receives the application for licensure deleted text begin or registrationdeleted text end .
Sec. 7.
Minnesota Statutes 2008, section 150A.06, subdivision 2c, is amended to read:
Subd. 2c.
Guest license deleted text begin or registrationdeleted text end .
(a) The board shall grant a guest license to
practice as a dentist deleted text begin ordeleted text end new text begin ,new text end dental hygienistnew text begin ,new text end or deleted text begin a guest registration to practice as adeleted text end new text begin licensed
new text end dental assistant if the following conditions are met:
(1) the dentist, dental hygienist, or dental assistant is currently licensed deleted text begin or registereddeleted text end
in good standing in North Dakota, South Dakota, Iowa, or Wisconsin;
(2) the dentist, dental hygienist, or dental assistant is currently engaged in the practice
of that person's respective profession in North Dakota, South Dakota, Iowa, or Wisconsin;
(3) the dentist, dental hygienist, or dental assistant will limit that person's practice to
a public health setting in Minnesota that (i) is approved by the board; (ii) was established
by a nonprofit organization that is tax exempt under chapter 501(c)(3) of the Internal
Revenue Code of 1986; and (iii) provides dental care to patients who have difficulty
accessing dental care;
(4) the dentist, dental hygienist, or dental assistant agrees to treat indigent patients
who meet the eligibility criteria established by the clinic; and
(5) the dentist, dental hygienist, or dental assistant has applied to the board for a
guest license deleted text begin or registrationdeleted text end and has paid a nonrefundable license fee to the board not
to exceed $75.
(b) A guest license deleted text begin or registrationdeleted text end must be renewed annually with the board and an
annual renewal fee not to exceed $75 must be paid to the board.
(c) A dentist, dental hygienist, or dental assistant practicing under a guest license
deleted text begin or registrationdeleted text end under this subdivision shall have the same obligations as a dentist, dental
hygienist, or dental assistant who is licensed in Minnesota and shall be subject to the laws
and rules of Minnesota and the regulatory authority of the board. If the board suspends
or revokes the guest license deleted text begin or registrationdeleted text end of, or otherwise disciplines, a dentist, dental
hygienist, or dental assistant practicing under this subdivision, the board shall promptly
report such disciplinary action to the dentist's, dental hygienist's, or dental assistant's
regulatory board in the border state.
Sec. 8.
Minnesota Statutes 2008, 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 hygienist, or deleted text begin registereddeleted text end new text begin licensednew text end dental assistant
who documents to the satisfaction of the board that the dentist, dental hygienist, or
deleted text begin registereddeleted text end new text begin licensednew text end 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 hygienist, or deleted text begin registereddeleted text end new text begin licensednew text end dental assistant prior to granting this waiver.
(c) The board shall require the volunteer and retired dentist, dental hygienist, or
deleted text begin registereddeleted text end new text begin licensednew text end dental assistant to meet the following requirements:
(1) a licensee deleted text begin or registrantdeleted text end 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 deleted text begin certification in advanced or basic cardiac life
support recognized bydeleted text end new text begin current CPR certification from completion of new text end the American Heart
Associationnew text begin healthcare provider coursenew text end , the American Red Crossnew text begin professional rescuer
coursenew text end , or an equivalent entity.
Sec. 9.
Minnesota Statutes 2008, section 150A.06, subdivision 4a, is amended to read:
Subd. 4a.
Appeal of denial of application.
A person whose application for
licensure deleted text begin or registrationdeleted text end by credentials has been denied may appeal the decision to the
board. The board shall establish an appeals process and inform a denied candidate of the
right to appeal and the process for filing the appeal.
Sec. 10.
Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
Subd. 5.
Fraud in securing licenses deleted text begin or registrationsdeleted text end .
Every person implicated
in employing fraud or deception in applying for or securing a license deleted text begin or registrationdeleted text end to
practice dentistry, dental hygiene, or dental assisting or in annually renewing a license
deleted text begin or registrationdeleted text end under sections 150A.01 to 150A.12 is guilty of a gross misdemeanor.
Sec. 11.
Minnesota Statutes 2008, section 150A.06, subdivision 7, is amended to read:
Subd. 7.
Additional remedies for licensure deleted text begin and registrationdeleted text end .
On a case-by-case
basis, for initial or renewal of licensure deleted text begin or registrationdeleted text end , the board may add additional
remedies for deficiencies found based on the applicant's performance, character, and
education.
Sec. 12.
Minnesota Statutes 2008, section 150A.06, subdivision 8, is amended to read:
Subd. 8.
deleted text begin Registrationdeleted text end new text begin Licensurenew text end by credentials.
(a) Any dental assistant may, upon
application and payment of a fee established by the board, apply for deleted text begin registrationdeleted text end new text begin licensurenew text end
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 of Dental Accreditation of the American Dental Association, 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 deleted text begin registrationdeleted text end new text begin licensurenew text end
requirements in paragraph (a).
(c) An applicant who fulfills the conditions of this subdivision and demonstrates
the minimum knowledge in dental subjects required for deleted text begin registrationdeleted text end new text begin licensurenew text end under
subdivision 2a must be deleted text begin registereddeleted text end new text begin licensednew text end to practice the applicant's profession.
(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for deleted text begin registrationdeleted text end new text begin licensurenew text end under subdivision 2a, the application must be denied.
If deleted text begin registrationdeleted text end new text begin licensurenew text end 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 deleted text begin registrationdeleted text end new text begin licensurenew text end . A denial does not prohibit the applicant from applying for
deleted text begin registrationdeleted text end new text begin licensurenew text end under subdivision 2a.
(e) A candidate whose application has been denied may appeal the decision to the
board according to subdivision 4a.
Sec. 13.
Minnesota Statutes 2008, 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, any license to practice dentistry
deleted text begin ordeleted text end new text begin ,new text end dental hygienenew text begin ,new text end or deleted text begin the registration of anydeleted text end dental deleted text begin assistantdeleted text end new text begin assistingnew 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 deleted text begin or registrationdeleted text end 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 deleted text begin ordeleted text end new text begin ,new text end dental hygienenew text begin ,new text end
or deleted text begin registered as adeleted text end dental deleted text begin assistantdeleted text end new text begin assistingnew text end , 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 hygienist's, or deleted text begin registereddeleted text end dental assistant's ability to perform the service
for which the person is licensed deleted text begin or registereddeleted text end ;
(9) revocation or suspension of a licensedeleted text begin , registration,deleted text end or equivalent authority to
practice, or other disciplinary action or denial of a license deleted text begin or registrationdeleted text end application taken
by a licensingdeleted text begin , registering,deleted text end 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. 14.
Minnesota Statutes 2008, section 150A.08, subdivision 3, is amended to read:
Subd. 3.
Reinstatement.
Any licensee deleted text begin or registrantdeleted text end whose license deleted text begin or registrationdeleted text end has
been suspended or revoked may have the license deleted text begin or registrationdeleted text end reinstated or a new license
deleted text begin or registrationdeleted text end issued, as the case may be, when the board deems the action is warranted.
Sec. 15.
Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
Subd. 3a.
Costs; additional penalties.
(a) The board may impose a civil penalty
not exceeding $10,000 for each separate violation, the amount of the civil penalty to
be fixed so as to deprive a licensee deleted text begin or registrantdeleted text end of any economic advantage gained by
reason of the violation, to discourage similar violations by the licensee deleted text begin or registrantdeleted text end or any
other licensee deleted text begin or registrantdeleted text end , or to reimburse the board for the cost of the investigation and
proceeding, including, but not limited to, fees paid for services provided by the Office of
Administrative Hearings, legal and investigative services provided by the Office of the
Attorney General, court reporters, witnesses, reproduction of records, board members'
per diem compensation, board staff time, and travel costs and expenses incurred by board
staff and board members.
(b) In addition to costs and penalties imposed under paragraph (a), the board may
also:
(1) order the dentist, dental hygienist, or dental assistant to provide unremunerated
service;
(2) censure or reprimand the dentist, dental hygienist, or dental assistant; or
(3) any other action as allowed by law and justified by the facts of the case.
Sec. 16.
Minnesota Statutes 2008, 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 hygienist, deleted text begin registereddeleted text end 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 hygienist, assistant, or applicant to submit to a mental
or physical examination or a chemical dependency assessment. For the purpose of this
subdivision, every dentist, hygienist, or new text begin dental new text end assistant licensed deleted text begin or registereddeleted text end under
this chapter or person submitting an application for a license deleted text begin or registrationdeleted text end 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 licenseedeleted text begin , registrant,deleted text end or
applicant did not submit to the examination. A dentist, dental hygienist, deleted text begin registereddeleted text end 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 hygienist or deleted text begin registereddeleted text end 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 hygienist, deleted text begin registereddeleted text end 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. 17.
Minnesota Statutes 2008, section 150A.08, subdivision 6, is amended to read:
Subd. 6.
Medical records.
Notwithstanding contrary provisions of sections 13.384
and 144.651 or any other statute limiting access to medical or other health data, the
board may obtain medical data and health records of a licenseedeleted text begin , registrant,deleted text end or applicant
without the licensee'sdeleted text begin , registrant's,deleted text end or applicant's consent if the information is requested
by the board as part of the process specified in subdivision 5. The medical data may be
requested from a provider, as defined in section 144.291, subdivision 2, paragraph (h),
an insurance company, or a government agency, including the Department of Human
Services. A provider, insurance company, or government agency shall comply with
any written request of the board under this subdivision and shall not be liable in any
action for damages for releasing the data requested by the board if the data are released
pursuant to a written request under this subdivision, unless the information is false and
the provider giving the information knew, or had reason to believe, the information was
false. Information obtained under this subdivision shall be classified as private under the
Minnesota Government Data Practices Act.
Sec. 18.
Minnesota Statutes 2008, section 150A.08, subdivision 8, is amended to read:
Subd. 8.
Suspension of license.
In addition to any other remedy provided by
law, the board may, through its designated board members pursuant to section 214.10,
subdivision 2, temporarily suspend a license deleted text begin or registrationdeleted text end without a hearing if the
board finds that the licensee deleted text begin or registrantdeleted text end has violated a statute or rule which the board is
empowered to enforce and continued practice by the licensee deleted text begin or registrantdeleted text end would create an
imminent risk of harm to others. The suspension shall take effect upon written notice to
the licensee deleted text begin or registrantdeleted text end served by first class mail specifying the statute or rule violated,
and the time, date, and place of the hearing before the board. If the notice is returned by
the post office, the notice shall be effective upon reasonable attempts to locate and serve
the licensee deleted text begin or registrantdeleted text end . Within ten days of service of the notice, the board shall hold a
hearing before its own members on the sole issue of whether there is a reasonable basis to
continue, modify, or lift the suspension. Evidence presented by the boarddeleted text begin ,deleted text end new text begin ornew text end licenseedeleted text begin ,
or registrant,deleted text end shall be in affidavit form only. The licensee deleted text begin or registrantdeleted text end or counsel of the
licensee deleted text begin or registrantdeleted text end may appear for oral argument. Within five working days after the
hearing, the board shall issue its order and, if the suspension is continued, the board
shall schedule a disciplinary hearing to be held pursuant to the Administrative Procedure
Act within 45 days of issuance of the order. The administrative law judge shall issue a
report within 30 days of the closing of the contested case hearing record. The board
shall issue a final order within 30 days of receiving that report. The board may allow a
person who was licensed by any state to practice dentistry and whose license has been
suspended to practice dentistry under the supervision of a licensed dentist for the purpose
of demonstrating competence and eligibility for reinstatement.
Sec. 19.
Minnesota Statutes 2008, section 150A.081, is amended to read:
150A.081 ACCESS TO MEDICAL DATA.
Subdivision 1.
Access to data on licensee deleted text begin or registrantdeleted text end .
When the board has
probable cause to believe that a licensee's deleted text begin or registrant'sdeleted text end condition meets a ground listed in
section 150A.08, subdivision 1, clause (4) or (8), it may, notwithstanding sections 13.384,
144.651, or any other law limiting access to medical data, obtain medical or health records
on the licensee deleted text begin or registrantdeleted text end without the licensee's deleted text begin or registrant'sdeleted text end consent. The medical data
may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph
(h), an insurance company, or a government agency. A provider, insurance company, or
government agency shall comply with a written request of the board under this subdivision
and is not liable in any action for damages for releasing the data requested by the board
if the data are released under the written request, unless the information is false and the
entity providing the information knew, or had reason to believe, the information was false.
Subd. 2.
Access to data on patients.
The board has access to medical records of
a patient treated by a licensee deleted text begin or registrantdeleted text end under review if the patient signs a written
consent permitting access. If the patient has not given consent, the licensee deleted text begin or registrantdeleted text end
must delete data from which a patient may be identified before releasing medical records
to the board.
Subd. 3.
Data classification; release of certain health data not required.
Information obtained under this section is classified as private data on individuals under
chapter 13. Under this section, the commissioner of health is not required to release health
data collected and maintained under section 13.3805, subdivision 2.
Sec. 20.
Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
Subdivision 1.
Registration information and procedure.
On or before the license
deleted text begin or registrationdeleted text end certificate expiration date every licensed dentist, dental hygienist, and
deleted text begin registereddeleted text end dental assistant shall transmit to the executive secretary of the board, pertinent
information required by the board, together with the fee established by the board. At least
30 days before a license deleted text begin or registrationdeleted text end certificate expiration date, the board shall send
a written notice stating the amount and due date of the fee and the information to be
provided to every licensed dentist, dental hygienist, and deleted text begin registereddeleted text end dental assistant.
Sec. 21.
Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
Subd. 3.
Current address, change of address.
Every dentist, dental hygienist, and
deleted text begin registereddeleted text end dental assistant shall maintain with the board a correct and current mailing
address. For dentists engaged in the practice of dentistry, the address shall be that of the
location of the primary dental practice. Within 30 days after changing addresses, every
dentist, dental hygienist, and deleted text begin registereddeleted text end dental assistant shall provide the board written
notice of the new address either personally or by first class mail.
Sec. 22.
Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
Subd. 2.
Application fees.
Each applicant deleted text begin for licensure or registrationdeleted text end shall submit
with a license or deleted text begin registrationdeleted text end new text begin permitnew text end application a nonrefundable fee in the following
amounts in order to administratively process an application:
(1) dentist, $140;
(2) limited faculty dentist, $140;
(3) resident dentist, $55;
(4) dental hygienist, $55;
(5) deleted text begin registereddeleted text end new text begin licensednew text end dental assistant, deleted text begin $35deleted text end new text begin $55new text end ; and
(6) dental assistant with a deleted text begin limited registrationdeleted text end new text begin permit as described in Minnesota
Rules, part 3100.8500, subpart 3new text end , $15.
Sec. 23.
Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
Subd. 3.
Initial license or deleted text begin registrationdeleted text end new text begin permitnew text end fees.
Along with the application fee,
each of the following deleted text begin licensees or registrantsdeleted text end new text begin applicantsnew text end shall submit a separate prorated
initial license or deleted text begin registrationdeleted text end new text begin permitnew text end fee. The prorated initial fee shall be established by the
board based on the number of months of the deleted text begin licensee's or registrant'sdeleted text end new text begin applicant'snew text end initial
term as described in Minnesota Rules, part 3100.1700, subpart 1a, not to exceed the
following monthly fee amounts:
(1) dentist, $14 times the number of months of the initial term;
(2) dental hygienist, $5 times the number of months of the initial term;
(3) deleted text begin registereddeleted text end new text begin licensednew text end dental assistant, $3 times the number of months of initial
term; and
(4) dental assistant with a deleted text begin limited registrationdeleted text end new text begin permit as described in Minnesota
Rules, part 3100.8500, subpart 3new text end , $1 times the number of months of the initial term.
Sec. 24.
Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
Subd. 5.
Biennial license or deleted text begin registrationdeleted text end new text begin permitnew text end fees.
Each of the following
deleted text begin licensees or registrantsdeleted text end new text begin applicantsnew text end shall submit with a biennial license or deleted text begin registrationdeleted text end new text begin permitnew text end
renewal application a fee as established by the board, not to exceed the following amounts:
(1) dentist, $336;
(2) dental hygienist, $118;
(3) deleted text begin registereddeleted text end new text begin licensednew text end dental assistant, $80; and
(4) dental assistant with a deleted text begin limited registrationdeleted text end new text begin permit as described in Minnesota
Rules, part 3100.8500, subpart 3new text end , $24.
Sec. 25.
Minnesota Statutes 2008, section 150A.091, subdivision 7, is amended to read:
Subd. 7.
Biennial license or deleted text begin registrationdeleted text end new text begin permitnew text end late fee.
Applications for renewal
of any license or deleted text begin registrationdeleted text end new text begin permitnew text end 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.
Sec. 26.
Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
Subd. 8.
Duplicate license or deleted text begin registrationdeleted text end new text begin certificatenew text end fee.
Each deleted text begin licensee or
registrantdeleted text end new text begin applicantnew text end shall submit, with a request for issuance of a duplicate of the original
license deleted text begin or registrationdeleted text end , or of an annual or biennial renewal deleted text begin of itdeleted text end new text begin certificate for a license
or permitnew text end , a fee in the following amounts:
(1) original dentist deleted text begin ordeleted text end new text begin ,new text end dental hygienenew text begin , or dental assistantnew text end license, $35; and
(2) deleted text begin initial and renewal registration certificates and licensedeleted text end new text begin annual or biennialnew text end renewal
certificates, $10.
Sec. 27.
Minnesota Statutes 2008, section 150A.091, subdivision 9, is amended to read:
Subd. 9.
Licensure deleted text begin and registrationdeleted text end by credentials.
Each applicant for licensure
as a dentist deleted text begin ordeleted text end new text begin ,new text end dental hygienistnew text begin ,new text end or deleted text begin for registration as a registereddeleted text end dental assistant by
credentials pursuant to section 150A.06, subdivisions 4 and 8, and Minnesota Rules, part
3100.1400, shall submit with the license deleted text begin or registrationdeleted text end application a fee in the following
amounts:
(1) dentist, $725;
(2) dental hygienist, $175; and
(3) deleted text begin registereddeleted text end dental assistant, $35.
Sec. 28.
Minnesota Statutes 2008, section 150A.091, is amended by adding a
subdivision to read:
new text begin Subd. 9a. new text end
new text begin Credential review; nonaccredited dental institution. new text end
new text begin
Applicants who
have graduated from a nonaccredited dental college desiring licensure as a dentist pursuant
to section 150A.06, subdivision 1, shall submit an application for credential review and an
application fee not to exceed the amount of $200.
new text end
Sec. 29.
Minnesota Statutes 2008, section 150A.091, is amended by adding a
subdivision to read:
new text begin Subd. 9b. new text end
new text begin Limited general license. new text end
new text begin
Each applicant for licensure as a limited general
dentist pursuant to section 150A.06, subdivision 9, shall submit the applicable fees
established by the board not to exceed the following amounts:
new text end
new text begin
(1) initial limited general license application, $140;
new text end
new text begin
(2) annual limited general license renewal application, $155; and
new text end
new text begin
(3) late fee assessment for renewal application equal to 50 percent of the annual
limited general license renewal fee.
new text end
Sec. 30.
Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to
read:
Subd. 10.
Reinstatement fee.
No dentist, dental hygienist, or deleted text begin registereddeleted text end dental
assistant whose license deleted text begin or registrationdeleted text end has been suspended or revoked may have the
license deleted text begin or registrationdeleted text end reinstated or a new license deleted text begin or registrationdeleted text end issued until a fee has been
submitted to the board in the following amounts:
(1) dentist, $140;
(2) dental hygienist, $55; and
(3) deleted text begin registereddeleted text end dental assistant, $35.
Sec. 31.
Minnesota Statutes 2008, section 150A.091, subdivision 11, is amended to
read:
Subd. 11.
Certificate application fee for anesthesia/sedation.
Each dentist
shall submit with a general anesthesia or deleted text begin consciousdeleted text end new text begin moderatenew text end sedation application new text begin or a
contracted sedation provider application new text end a fee as established by the board not to exceed
the following amounts:
(1) for both a general anesthesia and deleted text begin consciousdeleted text end new text begin moderatenew text end sedation application, deleted text begin $50deleted text end new text begin
$250new text end ;
(2) for a general anesthesia application only, deleted text begin $50deleted text end new text begin $250new text end ; deleted text begin and
deleted text end
(3) for a deleted text begin consciousdeleted text end new text begin moderatenew text end sedation application only, deleted text begin $50.deleted text end new text begin $250; and
new text end
new text begin
(4) for a contracted sedation provider application, $250.
new text end
Sec. 32.
Minnesota Statutes 2008, section 150A.091, is amended by adding a
subdivision to read:
new text begin Subd. 11a. new text end
new text begin Certificate for anesthesia/sedation late fee. new text end
new text begin
Applications for renewal
of a general anesthesia or moderate sedation certificate or a contracted sedation provider
certificate received after the time specified in Minnesota Rules, part 3100.3600, subparts
9 and 9b, must be assessed a late fee equal to 50 percent of the biennial renewal fee for
an anesthesia/sedation certificate.
new text end
Sec. 33.
Minnesota Statutes 2008, section 150A.091, is amended by adding a
subdivision to read:
new text begin Subd. 11b. new text end
new text begin Recertification fee for anesthesia/sedation. new text end
new text begin
No dentist whose general
anesthesia or moderate sedation certificate has been terminated by the board or voluntarily
terminated by the dentist may become recertified until a fee has been submitted to the
board not to exceed the amount of $500.
new text end
Sec. 34.
Minnesota Statutes 2008, section 150A.091, subdivision 12, is amended to
read:
Subd. 12.
Duplicate certificate fee for anesthesia/sedation.
Each dentist shall
submit with a request for issuance of a duplicate of the original general anesthesia or
deleted text begin consciousdeleted text end new text begin moderatenew text end sedation certificate new text begin or contracted sedation provider certificate new text end a fee in
the amount of $10.
Sec. 35.
Minnesota Statutes 2008, section 150A.091, subdivision 14, is amended to
read:
Subd. 14.
Affidavit of licensure.
Each licensee deleted text begin or registrantdeleted text end shall submit with a
request for an affidavit of licensure a fee in the amount of $10.
Sec. 36.
Minnesota Statutes 2008, section 150A.091, subdivision 15, is amended to
read:
Subd. 15.
Verification of licensure.
Each institution or corporation shall submit
with a request for verification of a license deleted text begin or registrationdeleted text end a fee in the amount of $5 for
each license deleted text begin or registrationdeleted text end to be verified.
Sec. 37.
Minnesota Statutes 2008, 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 deleted text begin 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 thedeleted text end new text begin CPR certification from completion of thenew text end American Heart
Association deleted text begin ordeleted text end new text begin healthcare provider course,new text end the American Red Crossnew text begin professional rescuer
course, or an equivalent entitynew 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 deleted text begin unregistereddeleted text end new text begin unlicensednew text end and deleted text begin registereddeleted text end
new text begin licensed new text end dental assistants who may only perform duties for which deleted text begin registrationdeleted text end new text begin licensurenew text end
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.
Sec. 38.
Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
Subd. 2.
Dental assistants.
Every licensed dentist who uses the services of any
unlicensed person for the purpose of assistance in the practice of dentistry shall be
responsible for the acts of such unlicensed person while engaged in such assistance.
Such dentist shall permit such unlicensed assistant to perform only those acts which are
authorized to be delegated to unlicensed assistants by the Board of Dentistry. Such acts
shall be performed under supervision of a licensed dentist. 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 deleted text begin registereddeleted text end new text begin licensednew text end and deleted text begin nonregistereddeleted text end new text begin unlicensednew text end dental assistants. The board
by rule may require continuing education for differing levels of dental assistants, as a
condition to their deleted text begin registrationdeleted text end new text begin licensenew text end or authority to perform their authorized duties. Any
licensed dentist who shall permit such 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 such unlicensed assistant
shall constitute a violation of sections 150A.01 to 150A.12.
Sec. 39.
Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:
Subd. 4.
Restorative procedures.
(a) Notwithstanding subdivisions 1, 1a, and
2, a licensed dental hygienist or deleted text begin a registereddeleted text end new text begin licensednew text end 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; and
(4) place, contour, and adjust class I and class V supragingival composite restorations
where the margins are entirely within the enamel.
(b) The restorative procedures described in paragraph (a) may be performed only if:
(1) the licensed dental hygienist or deleted text begin the registereddeleted text end new text begin licensednew text end dental assistant has
completed a board-approved course on the specific procedures;
(2) the board-approved course includes a component that sufficiently prepares the
new text begin licensed new text end dental hygienist or deleted text begin registereddeleted text end new text begin licensednew text end dental assistant to adjust the occlusion
on the newly placed restoration;
(3) a licensed dentist has authorized the procedure to be performed; and
(4) a licensed dentist 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.
Sec. 40.
Minnesota Statutes 2008, section 150A.12, is amended to read:
150A.12 VIOLATION AND DEFENSES.
Every person who violates any of the provisions of sections 150A.01 to 150A.12
for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor;
and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in
the county jail for not more than one year or by both such fine and imprisonment. In the
prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not be
necessary to allege or prove lack of a valid license to practice dentistry deleted text begin ordeleted text end new text begin ,new text end dental hygienenew text begin ,
or dental assisting,new text end but such matter shall be a matter of defense to be established by the
defendant.
Sec. 41.
Minnesota Statutes 2008, section 150A.13, is amended to read:
150A.13 REPORTING OBLIGATIONS.
Subdivision 1.
Permission to report.
A person who has knowledge of deleted text begin a registrant
ordeleted text end a licensee unable to practice with reasonable skill and safety by reason of illness, use of
alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or
psychological condition may report the deleted text begin registrant ordeleted text end licensee to the board.
Subd. 2.
Institutions.
A hospital, clinic, or other health care institution or
organization located in this state shall report to the board any action taken by the agency,
institution, or organization or any of its administrators or dental or other committees to
revoke, suspend, restrict, or condition a deleted text begin registrant's ordeleted text end licensee's privilege to practice
or treat patients or clients in the institution, or as part of the organization, any denial
of privileges, or any other disciplinary action against a deleted text begin registrant ordeleted text end licensee described
under subdivision 1. The institution or organization shall also report the resignation of
any deleted text begin registrants ordeleted text end licensees prior to the conclusion of any disciplinary action proceeding
against a deleted text begin registrant ordeleted text end licensee described under subdivision 1.
Subd. 3.
Dental societies.
A state or local dental society or professional dental
association shall report to the board any termination, revocation, or suspension of
membership or any other disciplinary action taken against a deleted text begin registrant ordeleted text end licensee. If the
society or association has received a complaint against a deleted text begin registrant ordeleted text end licensee described
under subdivision 1, on which it has not taken any disciplinary action, the society or
association shall report the complaint and the reason why it has not taken action on it or
shall direct the complainant to the board. This subdivision does not apply to a society
or association when it performs peer review functions as an agent of an outside entity,
organization, or system.
Subd. 4.
Licensed professionals.
(a) A licensed deleted text begin or registereddeleted text end health professional
shall report to the board personal knowledge of any conduct by any person who the
licensed deleted text begin or registereddeleted text end health professional reasonably believes is a deleted text begin registrant ordeleted text end licensee
described under subdivision 1.
(b) Notwithstanding paragraph (a), a licensed health professional shall report to the
board knowledge of any actions which institutions must report under subdivision 2.
Subd. 5.
Insurers and other entities making liability payments.
(a) Four times
each year as prescribed by the board, each insurer authorized to sell insurance described in
section 60A.06, subdivision 1, clause (13), and providing professional liability insurance
to deleted text begin registrants ordeleted text end licensees, shall submit to the board a report concerning the deleted text begin registrants anddeleted text end
licensees against whom malpractice settlements or awards have been made to the plaintiff.
The report must contain at least the following information:
(1) the total number of malpractice settlements or awards made;
(2) the date the malpractice settlements or awards were made;
(3) the allegations contained in the claim or complaint leading to the settlements or
awards made;
(4) the dollar amount of each malpractice settlement or award;
(5) the regular address of the practice of the deleted text begin registrant ordeleted text end licensee against whom an
award was made or with whom a settlement was made; and
(6) the name of the deleted text begin registrant ordeleted text end licensee against whom an award was made or
with whom a settlement was made.
(b) A dental clinic, hospital, political subdivision, or other entity which makes
professional liability insurance payments on behalf of deleted text begin registrants ordeleted text end licensees shall submit
to the board a report concerning malpractice settlements or awards paid on behalf of
deleted text begin registrants ordeleted text end licensees, and any settlements or awards paid by a clinic, hospital, political
subdivision, or other entity on its own behalf because of care rendered by deleted text begin registrants ordeleted text end
licensees. This requirement excludes forgiveness of bills. The report shall be made to the
board within 30 days of payment of all or part of any settlement or award.
Subd. 6.
Courts.
The court administrator of district court or any other court of
competent jurisdiction shall report to the board any judgment or other determination
of the court that adjudges or includes a finding that a deleted text begin registrant ordeleted text end licensee is mentally
ill, mentally incompetent, guilty of a felony, guilty of a violation of federal or state
narcotics laws or controlled substances act, or guilty of an abuse or fraud under Medicare
or Medicaid; or that appoints a guardian of the deleted text begin registrant ordeleted text end licensee pursuant to sections
524.5-101 to 524.5-502, or commits a deleted text begin registrant ordeleted text end licensee pursuant to chapter 253B.
Subd. 7.
Self-reporting.
A deleted text begin registrant ordeleted text end licensee shall report to the board any
personal action that would require that a report be filed by any person, health care facility,
business, or organization pursuant to subdivisions 2 to 6.
Subd. 8.
Deadlines; forms.
Reports required by subdivisions 2 to 7 must be
submitted not later than 30 days after the occurrence of the reportable event or transaction.
The board may provide forms for the submission of reports required by this section, may
require that reports be submitted on the forms provided, and may adopt rules necessary
to assure prompt and accurate reporting.
Subd. 9.
Subpoenas.
The board may issue subpoenas for the production of any
reports required by subdivisions 2 to 7 or any related documents.
Sec. 42. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 150A.09, subdivision 6,
new text end
new text begin
is repealed.
new text end