1.1 	A bill for an act
1.2 	relating to agriculture; requiring a license to
1.3 	perform equine dentistry; amending Minnesota Statutes
1.4 	2004, section 156.081, subdivisions 1, 2; proposing
1.5 	coding for new law in Minnesota Statutes, chapter 156.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [156.021] SEPARATE LICENSE REQUIREMENT FOR
1.8 	EQUINE DENTISTRY.
1.9 	(a) A license is required for a person advising with
1.10 	respect to or performing equine dentistry that uses handheld
1.11 	files, rasps, or other devices to remove overgrowth from the
1.12 	teeth of horses (floating), not including extraction of teeth or
1.13 	other procedures that invade the soft tissue of the mouth.
1.14 	Application for an equine dentistry license must be made in
1.15 	writing to the board on a form furnished by the board,
1.16 	accompanied by satisfactory evidence that the applicant is at
1.17 	least 18 years old, and provides proof of current certification
1.18 	from the International Association of Equine Dentistry.
1.19 	(b) The board must waive the certification requirement if
1.20 	the applicant has performed equine dentistry for at least three
1.21 	of the five years immediately preceding the date of this
1.22 	section's enactment, if the applicant submits affidavits of at
1.23 	least two veterinarians and three adults who are not related to
1.24 	the applicant setting forth how long, when, and under what
1.25 	circumstances they have known the applicant, and any other facts
2.1 	to enable the board to determine the qualifications of the
2.2 	applicant.
2.3 	(c) The board may require any other information and
2.4 	materials it considers relevant from the applicant and may
2.5 	require an appropriate license fee.
2.6 	(d) The board shall submit any proposed rules or rule
2.7 	changes to the house of representatives and senate committees
2.8 	with jurisdiction over the Board of Veterinary Medicine before
2.9 	final adoption.

2.10 	Sec. 2. Minnesota Statutes 2004, section 156.081,
2.11 	subdivision 1, is amended to read:
2.12 		Subdivision 1.Authority.  The board may limit, suspend,
2.13 	or revoke the license of any person to practice veterinary
2.14 	medicine or equine dentistry in this state for any of the causes
2.15 	provided in this section.  The executive director, in all cases
2.16 	of disciplined licenses, shall enter on the register the fact of
2.17 	the disciplinary action, as the case may be.  The record of such
2.18 	disciplinary action made by the executive director shall be
2.19 	prima facie evidence of the fact thereof, and of the regularity
2.20 	of all the proceedings of the board in the matter of the
2.21 	disciplinary action.

2.22 	Sec. 3. Minnesota Statutes 2004, section 156.081,
2.23 	subdivision 2, is amended to read:
2.24 		Subd. 2.Causes.  The board may revoke, suspend, or
2.25 	impose limitations upon a license for any of the following
2.26 	causes:
2.27 	(1) the employment of fraud, misrepresentation or deception
2.28 	in obtaining such license;
2.29 	(2) being convicted of a felony or gross misdemeanor,
2.30 	including a finding or verdict of guilt, whether or not the
2.31 	adjudication of guilt is withheld or not entered, an admission
2.32 	of guilt, or a no contest plea, as evidenced by a certified copy
2.33 	of the conviction;
2.34 	(3) being unable to practice with reasonable skill and
2.35 	safety by reason of illness, use of alcohol, drugs, chemicals,
2.36 	or any other materials, or as a result of any mental or physical
3.1 	condition;
3.2 	(4) existence of a professional connection with or the
3.3 	lending of one's name to any illegal practitioner of veterinary
3.4 	medicine or equine dentistry;
3.5 	(5) having been the subject of revocation, suspension, or
3.6 	surrender of a veterinary or equine dentistry license in
3.7 	resolution of a complaint or other adverse action related to
3.8 	licensure in another jurisdiction or country;
3.9 	(6) violating a state or federal narcotics or controlled
3.10 	substance law irrespective of any proceedings under section
3.11 	152.18 or federal law;
3.12 	(7) fraudulently conducting or reporting results of
3.13 	physical examinations or biological tests used to detect and
3.14 	prevent the dissemination of animal diseases, transportation of
3.15 	diseased animals, or distribution of contaminated, infected, or
3.16 	inedible animal products, or failing to report, as required by
3.17 	law, any contagious or infectious disease;
3.18 	(8) engaging in false, fraudulent, deceptive, or misleading
3.19 	advertising;
3.20 	(9) conviction on a charge of cruelty to animals;
3.21 	(10) failure, after written notification by the board, to
3.22 	keep one's premises and all equipment therein in a clean and
3.23 	sanitary condition, according to reasonable standards adopted by
3.24 	the board;
3.25 	(11) fraud, deception, or incompetence in the practice of
3.26 	veterinary medicine or equine dentistry, including any departure
3.27 	from or failure to conform to the minimum standards of
3.28 	acceptable and prevailing practice without actual injury having
3.29 	to be established;
3.30 	(12) engaging in unprofessional conduct as defined in rules
3.31 	adopted by the board or engaging in conduct which violates any
3.32 	statute or rule promulgated by the board or any board order;
3.33 	(13) being adjudicated by a court of competent
3.34 	jurisdiction, within or without this state, as a person who is
3.35 	incapacitated, mentally incompetent or mentally ill, chemically
3.36 	dependent, mentally ill and dangerous to the public, or a
4.1 	psychopathic personality;
4.2 	(14) revealing a privileged communication from or relating
4.3 	to a client except when otherwise required or permitted by law;
4.4 	(15) obtaining money, property, or services from a client
4.5 	through the use of undue influence, harassment, duress,
4.6 	deception, or fraud or through the improper use of the regulated
4.7 	individual's position as a professional;
4.8 	(16) practicing outside the scope of practice authorized by
4.9 	the board's practice act; or
4.10 	(17) making a false statement or misrepresentation to the
4.11 	board.