1.1                          A bill for an act 
  1.2             relating to dentistry; giving persons licensed by the 
  1.3             board of dentistry access to certain data regarding 
  1.4             complaints against them; requiring informed consent 
  1.5             for certain procedures using mercury amalgam; 
  1.6             prohibiting certain professional sanctions; amending 
  1.7             Minnesota Statutes 1994, section 150A.08, by adding a 
  1.8             subdivision; proposing coding for new law in Minnesota 
  1.9             Statutes, chapter 150A. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 150A.08, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 10.  [ACCESS TO DATA BY LICENSEE.] Notwithstanding 
  1.14  section 13.41, subdivision 3, if the board is investigating a 
  1.15  dentist, dental hygienist, or dental assistant, the board shall 
  1.16  notify the person of the existence of a complaint and 
  1.17  investigation, the specific grounds for the investigation under 
  1.18  subdivision 1 or other law, and a summary of the factual basis 
  1.19  of the allegations.  This subdivision does not apply to the 
  1.20  extent that the board reasonably determines that revealing the 
  1.21  information would be detrimental to the investigative and 
  1.22  enforcement process or would reveal the identity of the 
  1.23  complainant. 
  1.24     Sec. 2.  [150A.22] [USE OF MERCURY AMALGAMS AND 
  1.25  PROSTHETICS.] 
  1.26     Subdivision 1.  [INFORMED CONSENT.] Before performing a 
  1.27  dental procedure or treatment that involves the placement or 
  2.1   implant of mercury amalgam or any other dental prosthetic 
  2.2   containing mercury, a dentist shall inform the patient of the 
  2.3   procedure or treatment to be used and all associated risks that 
  2.4   a reasonable patient would consider significant in making a 
  2.5   decision of whether to undergo the procedure or treatment or 
  2.6   choose an alternative procedure or treatment, including any 
  2.7   special risks involved of which the dentist knows or should 
  2.8   reasonably know. 
  2.9      Subd. 2.  [FORM.] The commissioner of health shall prepare 
  2.10  a form for use in providing information to patients under 
  2.11  subdivision 1.  In preparing the form, the commissioner shall 
  2.12  consult with dental professionals representing a variety of 
  2.13  disciplines and viewpoints with respect to the use of mercury 
  2.14  amalgam and other dental prosthetics containing mercury, as well 
  2.15  as consumer advocates.  In addition, the commissioner shall 
  2.16  collect and evaluate studies and research findings from a wide 
  2.17  range of organizations involved in researching and evaluating 
  2.18  the use of mercury in dental procedures. 
  2.19     Subd. 3.  [REMOVAL OF MERCURY AMALGAM.] A dentist may not 
  2.20  be sanctioned, reprimanded, punished, or otherwise prohibited 
  2.21  from practicing dentistry by any entity or organization where 
  2.22  the dentist has determined, within the dentist's professional 
  2.23  judgment, that the removal and replacement of a mercury amalgam 
  2.24  filling is reasonably necessary to restore or protect the 
  2.25  patient's health and safety, and where the dentist proceeds to 
  2.26  remove and replace the filling after making this determination.