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SF 481

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/09/2017 09:25am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to health licensing; clarifying waiver of examination, dental assisting
licensure, and allied dental professional restorative functions; making technical
changes; amending Minnesota Statutes 2016, sections 150A.06, subdivisions 3,
8; 150A.10, subdivision 4.

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

Section 1.

Minnesota Statutes 2016, section 150A.06, subdivision 3, is amended to read:


Subd. 3.

Waiver of examination.

(a) All or any part of the examination for dentists deleted text begin ordeleted text end new text begin ,new text end new text begin
dental therapists,
new text end dental hygienists, new text begin or dental assistants, new text end except that pertaining to the law of
Minnesota relating to dentistry and the rules of the board, may, at the discretion of the board,
be waived for an applicant who presents a certificate of having passed all components of
the National Board Dental Examinations or evidence of having maintained an adequate
scholastic standing as determined by the boarddeleted text begin , in dental school as to dentists, or dental
deleted text end deleted text begin hygiene school as to dental hygienistsdeleted text end .

(b) The board shall waive the clinical examination required for licensure for any dentist
applicant who is a graduate of a dental school accredited by the Commission on Dental
Accreditation, who has passed all components of the National Board Dental Examinations,
and who has satisfactorily completed a Minnesota-based postdoctoral general dentistry
residency program (GPR) or an advanced education in general dentistry (AEGD) program
after January 1, 2004. The postdoctoral program must be accredited by the Commission on
Dental Accreditation, be of at least one year's duration, and include an outcome assessment
evaluation assessing the resident's competence to practice dentistry. The board may require
the applicant to submit any information deemed necessary by the board to determine whether
the waiver is applicable.

Sec. 2.

Minnesota Statutes 2016, section 150A.06, subdivision 8, is amended to read:


Subd. 8.

Licensure by credentials.

(a) Any dental assistant may, upon application and
payment of a fee established by the board, apply for licensure 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 on Dental Accreditationdeleted text begin , ordeleted text end new text begin andnew text end 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 licensure requirements in paragraph
(a).

(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
minimum knowledge in dental subjects required for licensure under subdivision 2a must
be licensed to practice the applicant's profession.

(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for licensure under subdivision 2a, the application must be denied. If licensure 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 licensure. A denial does not
prohibit the applicant from applying for licensure under subdivision 2a.

(e) A candidate whose application has been denied may appeal the decision to the board
according to subdivision 4a.

Sec. 3.

Minnesota Statutes 2016, 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 licensed 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;new text begin and
new text end

deleted text begin (4) place, contour, and adjust class I and class V supragingival composite restorations
where the margins are entirely within the enamel; and
deleted text end

deleted text begin (5)deleted text end new text begin (4)new text end place, contour, and adjust classnew text begin I,new text end IInew text begin ,new text end and deleted text begin classdeleted text end V supragingival composite
restorations on primary deleted text begin teethdeleted text end new text begin and permanent dentitionnew text end .

(b) The restorative procedures described in paragraph (a) may be performed only if:

(1) the licensed dental hygienist or licensed dental assistant has completed a
board-approved course on the specific procedures;

(2) the board-approved course includes a component that sufficiently prepares the licensed
dental hygienist or licensed dental assistant to adjust the occlusion on the newly placed
restoration;

(3) a licensed dentist or licensed advanced dental therapist has authorized the procedure
to be performed; and

(4) a licensed dentist or licensed advanced dental therapist 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.