1.1                          A bill for an act 
  1.2             relating to health occupation; expanding the number of 
  1.3             members on the board of dentistry; limiting practice 
  1.4             of dentistry under name of certain business 
  1.5             organizations; amending Minnesota Statutes 1998, 
  1.6             sections 150A.02, subdivision 1; and 150A.11, 
  1.7             subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 150A.02, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  There is hereby created a board of 
  1.12  dentistry whose duty it shall be to carry out the purposes and 
  1.13  enforce the provisions of sections 150A.01 to 150A.12.  The 
  1.14  board shall consist of two public members as defined by section 
  1.15  214.02, five qualified resident dentists, one resident 
  1.16  board-certified oral and maxillofacial surgeon, two qualified 
  1.17  resident registered dental assistant assistants, and one two 
  1.18  qualified resident dental hygienist hygienists appointed by the 
  1.19  governor.  Membership terms, compensation of members, removal of 
  1.20  members, the filling of membership vacancies, and fiscal year 
  1.21  and reporting requirements shall be as provided in sections 
  1.22  214.07 to 214.09.  The provision of staff, administrative 
  1.23  services and office space; the review and processing of board 
  1.24  complaints; the setting of board fees; and other provisions 
  1.25  relating to board operations shall be as provided in chapter 
  1.26  214.  Each board member who is a dentist, registered dental 
  2.1   assistant, or dental hygienist shall have been lawfully in 
  2.2   active practice in this state for five years immediately 
  2.3   preceding appointment; and no board member shall be eligible for 
  2.4   appointment to more than two consecutive four-year terms, and 
  2.5   members serving on the board at the time of the enactment hereof 
  2.6   shall be eligible to reappointment provided they shall not have 
  2.7   served more than nine consecutive years at the expiration of the 
  2.8   term to which they are to be appointed.  At least 90 days prior 
  2.9   to the expiration of the terms of dentists, registered dental 
  2.10  assistants, or dental hygienists, the Minnesota dental 
  2.11  association, Minnesota dental assistants association, or the 
  2.12  Minnesota state dental hygiene association shall recommend to 
  2.13  the governor for each term expiring not less than two dentists, 
  2.14  two registered dental assistants, or two dental hygienists, 
  2.15  respectively, who are qualified to serve on the board, and from 
  2.16  the list so recommended the governor may appoint members to the 
  2.17  board for the term of four years, the appointments to be made 
  2.18  within 30 days after the expiration of the terms.  Within 60 
  2.19  days after the occurrence of a dentist, registered dental 
  2.20  assistant or dental hygienist vacancy, prior to the expiration 
  2.21  of the term, in the board, the Minnesota dental association, the 
  2.22  Minnesota dental assistants association, or the Minnesota state 
  2.23  dental hygiene association shall recommend to the governor not 
  2.24  less than two dentists, two registered dental assistants, or two 
  2.25  dental hygienists, who are qualified to serve on the board and 
  2.26  from the list so recommended the governor, within 30 days after 
  2.27  receiving such list of dentists, may appoint one member to the 
  2.28  board for the unexpired term occasioned by such vacancy.  Any 
  2.29  appointment to fill a vacancy shall be made within 90 days after 
  2.30  the occurrence of such vacancy.  The first four-year term of the 
  2.31  dental hygienist and of the registered dental assistant shall 
  2.32  commence on the first Monday in January, 1977. 
  2.33     Sec. 2.  Minnesota Statutes 1998, section 150A.11, 
  2.34  subdivision 1, is amended to read: 
  2.35     Subdivision 1.  [UNLAWFUL PRACTICE.] It is unlawful for any 
  2.36  person to:  enable an unlicensed person to practice dentistry; 
  3.1   to practice or attempt to practice dentistry without a license; 
  3.2   to practice dentistry under the name of a corporation, limited 
  3.3   liability company, limited liability partnership, or other 
  3.4   company; or to practice under any name that may tend to deceive 
  3.5   the public or imply professional superiority to or greater skill 
  3.6   than that possessed by another dentist.  If a dentist practices 
  3.7   under the dentist's own name, any public display or cards shall 
  3.8   include the initials of the dentist's dental degree, such as 
  3.9   D.D.S. or D.M.D., following the name.  If a dentist practices 
  3.10  under another name, the name shall include some designation 
  3.11  which makes clear that the person is practicing dentistry or a 
  3.12  specialty of dentistry; and that the names of all of the 
  3.13  participating dentists practicing under the name be clearly 
  3.14  identified on letterheads and building or office signs that 
  3.15  display a name other than the dentist's own name.  Any 
  3.16  communication between dentist and patient shall clearly indicate 
  3.17  the name of the dentist treating the patient.  The board may 
  3.18  promulgate rules regarding the name under which a dentist may 
  3.19  practice.  No corporation, limited liability company, or limited 
  3.20  liability partnership shall practice dentistry or engage in it, 
  3.21  or hold itself out as being entitled to practice dentistry, or 
  3.22  furnish dental services or dentists, or advertise under or 
  3.23  assume the title of dentists or dental surgeons or equivalent 
  3.24  title.  No corporation, limited liability company, or limited 
  3.25  liability partnership shall furnish dental advice, or advertise 
  3.26  or hold itself out with any other person or alone, that it has 
  3.27  or owns a dental office or can furnish dental service, dentists, 
  3.28  or dental surgeons, or solicit, through itself, or its agents, 
  3.29  officers, employees, directors or, trustees, governors, 
  3.30  managers, or partners, dental patronage for any dentist or 
  3.31  dental surgeon.  This section: 
  3.32     (1) does not apply to any licensee while acting as an 
  3.33  instructor in or under the University of Minnesota, the Mayo 
  3.34  Foundation, or any other school in the state recognized by the 
  3.35  state board of dentistry; 
  3.36     (2) does not prohibit dentists from incorporating their 
  4.1   practice of dentistry for business purposes a corporation, 
  4.2   limited liability company, or limited liability partnership from 
  4.3   providing dental services under the special provisions of 
  4.4   a corporate practice act for dentistry professional firms 
  4.5   act; and 
  4.6      (3) shall not be construed to change or amend the right of 
  4.7   licensed dentists to provide dental care under any form of 
  4.8   organization that is lawful under the laws of this state, or to 
  4.9   contract to sell their services in any manner that is lawful 
  4.10  under the laws of this state.