1.1 	A bill for an act
1.2 	relating to health; modifying emergency medical transport provisions; providing 
1.3 	for licensure, supervision, and discipline of physician assistants; providing 
1.4 	for licensure, supervision, and discipline of dental assistants; changing 
1.5 	anesthesia/sedation certificate fees; providing for dentist credential review and 
1.6 	limited general licenses in certain instances; requiring that certain information 
1.7 	be provided to regional trauma advisory councils; imposing civil and criminal 
1.8 	penalties; amending Minnesota Statutes 2008, sections 144.1501, subdivision 1; 
1.9 	144.604, subdivisions 1, 2; 144.608, subdivision 3; 144E.001, subdivisions 3a, 
1.10 	9c; 147.09; 147A.01; 147A.02; 147A.03; 147A.04; 147A.05; 147A.06; 147A.07; 
1.11 	147A.08; 147A.09; 147A.11; 147A.13; 147A.16; 147A.18; 147A.19; 147A.20; 
1.12 	147A.21; 147A.23; 147A.24; 147A.26; 147A.27; 150A.01, subdivision 8; 
1.13 	150A.02, subdivision 1; 150A.05, subdivisions 1, 2; 150A.06, subdivisions 
1.14 	2a, 2b, 2c, 2d, 4a, 5, 7, 8; 150A.08, subdivisions 1, 3, 3a, 5, 6, 8; 150A.081; 
1.15 	150A.09, subdivisions 1, 3; 150A.091, subdivisions 2, 3, 5, 7, 8, 9, 10, 11, 
1.16 	12, 14, 15, by adding subdivisions; 150A.10, subdivisions 1a, 2, 4; 150A.12; 
1.17 	150A.13; 169.345, subdivision 2; 253B.02, subdivision 7; 253B.05, subdivision 
1.18 	2; 256B.0625, subdivision 28a; 256B.0751, subdivision 1; repealing Minnesota 
1.19 	Statutes 2008, sections 144.604, subdivision 3; 147A.22; 150A.09, subdivision 6.
1.20 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.21 	Section 1. Minnesota Statutes 2008, section 144.1501, subdivision 1, is amended to 
1.22 	read:
1.23 		Subdivision 1.Definitions. (a) For purposes of this section, the following definitions 
1.24 	apply.
1.25 	(b) "Dentist" means an individual who is licensed to practice dentistry.
1.26 	(c) "Designated rural area" means:
1.27 	(1) an area in Minnesota outside the counties of Anoka, Carver, Dakota, Hennepin, 
1.28 	Ramsey, Scott, and Washington, excluding the cities of Duluth, Mankato, Moorhead, 
1.29 	Rochester, and St. Cloud; or
2.1 	(2) a municipal corporation, as defined under section 471.634, that is physically 
2.2 	located, in whole or in part, in an area defined as a designated rural area under clause (1).
2.3 	(d) "Emergency circumstances" means those conditions that make it impossible for 
2.4 	the participant to fulfill the service commitment, including death, total and permanent 
2.5 	disability, or temporary disability lasting more than two years.
2.6 	(e) "Medical resident" means an individual participating in a medical residency in 
2.7 	family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
2.8 	(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse 
2.9 	anesthetist, advanced clinical nurse specialist, or physician assistant.
2.10 	(g) "Nurse" means an individual who has completed training and received all 
2.11 	licensing or certification necessary to perform duties as a licensed practical nurse or 
2.12 	registered nurse.
2.13 	(h) "Nurse-midwife" means a registered nurse who has graduated from a program of 
2.14 	study designed to prepare registered nurses for advanced practice as nurse-midwives.
2.15 	(i) "Nurse practitioner" means a registered nurse who has graduated from a program 
2.16 	of study designed to prepare registered nurses for advanced practice as nurse practitioners.
2.17 	(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
2.18 	(k) "Physician" means an individual who is licensed to practice medicine in the areas 
2.19 	of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
2.20 	(l) "Physician assistant" means a person registered licensed under chapter 147A.
2.21 	(m) "Qualified educational loan" means a government, commercial, or foundation 
2.22 	loan for actual costs paid for tuition, reasonable education expenses, and reasonable living 
2.23 	expenses related to the graduate or undergraduate education of a health care professional.
2.24 	(n) "Underserved urban community" means a Minnesota urban area or population 
2.25 	included in the list of designated primary medical care health professional shortage areas 
2.26 	(HPSAs), medically underserved areas (MUAs), or medically underserved populations 
2.27 	(MUPs) maintained and updated by the United States Department of Health and Human 
2.28 	Services.

2.29 	Sec. 2. Minnesota Statutes 2008, section 144.604, subdivision 1, is amended to read:
2.30 		Subdivision 1.Transport requirement. Unless the Emergency Medical Services 
2.31 	Regulatory Board has approved a licensed ambulance service's deviation from the 
2.32 	guidelines under section 144E.101, subdivision 14, the ambulance service must transport 
2.33 	major trauma patients from the scene to the highest state-designated trauma hospital 
2.34 	within 30 minutes' transport time according to subdivision 2.

2.35 	EFFECTIVE DATE. This section is effective July 1, 2010.

3.1 	Sec. 3. Minnesota Statutes 2008, section 144.604, subdivision 2, is amended to read:
3.2 		Subd. 2.Ground ambulance exceptions transportation. Notwithstanding 
3.3 	subdivision 1, ground ambulances must comply with the following:
3.4 	(1) patients with compromised airways must be transported immediately to the 
3.5 	nearest designated trauma hospital; and
3.6 	(2) level II trauma hospitals capable of providing definitive trauma care must not 
3.7 	be bypassed to reach a level I trauma hospital. Ground ambulances must immediately 
3.8 	transport patients with compromised airways to the nearest designated trauma hospital. If 
3.9 	no designated trauma hospital exists within 30 minutes transport time, the patient must be 
3.10 	transported to the closest hospital. In cases where a patient does not have a compromised 
3.11 	airway, the ground ambulance must transport major trauma patients:
3.12 	(1) to a level I or level II trauma hospital within thirty minutes transport time; 
3.13 	(2) if no level I or level II trauma hospital exists within 30 minutes transport time, 
3.14 	the patient must be transported to the closest designated trauma hospital within 30 minutes 
3.15 	transport time or to a more appropriate higher designated trauma hospital if predetermined 
3.16 	by the ambulance service medical director; or
3.17 	(3) if no designated trauma hospital exists within 30 minutes transport time, the 
3.18 	patient must be transported to the closest hospital.

3.19 	EFFECTIVE DATE. This section is effective July 1, 2010.

3.20 	Sec. 4. Minnesota Statutes 2008, section 144.608, subdivision 3, is amended to read:
3.21 		Subd. 3.Regional trauma advisory councils. (a) Up to eight regional trauma 
3.22 	advisory councils may be formed as needed.
3.23 	(b) Regional trauma advisory councils shall advise, consult with, and make 
3.24 	recommendation to the state Trauma Advisory Council on suggested regional 
3.25 	modifications to the statewide trauma criteria that will improve patient care and 
3.26 	accommodate specific regional needs. The commissioner, in consultation with the 
3.27 	Emergency Medical Services Regulatory Board and the emergency medical services and 
3.28 	trauma hospitals in each region, shall provide quarterly data updates on major trauma 
3.29 	scene ground ambulance transports to each regional trauma advisory council.
3.30 	(c) Each regional advisory council must have no more than 15 members. The 
3.31 	commissioner, in consultation with the Emergency Medical Services Regulatory Board, 
3.32 	shall name the council members.
3.33 	(d) Regional council members may receive expenses in the same manner and amount 
3.34 	as authorized by the plan adopted under section 43A.18, subdivision 2.

4.1 	Sec. 5. Minnesota Statutes 2008, section 144E.001, subdivision 3a, is amended to read:
4.2 		Subd. 3a.Ambulance service personnel. "Ambulance service personnel" means 
4.3 	individuals who are authorized by a licensed ambulance service to provide emergency 
4.4 	care for the ambulance service and are:
4.5 	(1) EMTs, EMT-Is, or EMT-Ps;
4.6 	(2) Minnesota registered nurses who are: (i) EMTs, are currently practicing 
4.7 	nursing, and have passed a paramedic practical skills test, as approved by the board 
4.8 	and administered by a training program approved by the board; (ii) on the roster of an 
4.9 	ambulance service on or before January 1, 2000; or (iii) after petitioning the board, 
4.10 	deemed by the board to have training and skills equivalent to an EMT, as determined on 
4.11 	a case-by-case basis; or
4.12 	(3) Minnesota registered licensed physician assistants who are: (i) EMTs, are 
4.13 	currently practicing as physician assistants, and have passed a paramedic practical skills 
4.14 	test, as approved by the board and administered by a training program approved by the 
4.15 	board; (ii) on the roster of an ambulance service on or before January 1, 2000; or (iii) after 
4.16 	petitioning the board, deemed by the board to have training and skills equivalent to an 
4.17 	EMT, as determined on a case-by-case basis.

4.18 	Sec. 6. Minnesota Statutes 2008, section 144E.001, subdivision 9c, is amended to read:
4.19 		Subd. 9c.Physician assistant. "Physician assistant" means a person registered
4.20 	licensed to practice as a physician assistant under chapter 147A.

4.21 	Sec. 7. Minnesota Statutes 2008, section 147.09, is amended to read:
4.22 	147.09 EXEMPTIONS.
4.23 	Section 147.081 does not apply to, control, prevent or restrict the practice, service, 
4.24 	or activities of:
4.25 	(1) A person who is a commissioned medical officer of, a member of, or employed 
4.26 	by, the armed forces of the United States, the United States Public Health Service, the 
4.27 	Veterans Administration, any federal institution or any federal agency while engaged in 
4.28 	the performance of official duties within this state, if the person is licensed elsewhere.
4.29 	(2) A licensed physician from a state or country who is in actual consultation here.
4.30 	(3) A licensed or registered physician who treats the physician's home state patients 
4.31 	or other participating patients while the physicians and those patients are participating 
4.32 	together in outdoor recreation in this state as defined by section 86A.03, subdivision 3. 
4.33 	A physician shall first register with the board on a form developed by the board for that 
5.1 	purpose. The board shall not be required to promulgate the contents of that form by rule. 
5.2 	No fee shall be charged for this registration.
5.3 	(4) A student practicing under the direct supervision of a preceptor while the student 
5.4 	is enrolled in and regularly attending a recognized medical school.
5.5 	(5) A student who is in continuing training and performing the duties of an intern or 
5.6 	resident or engaged in postgraduate work considered by the board to be the equivalent of 
5.7 	an internship or residency in any hospital or institution approved for training by the board, 
5.8 	provided the student has a residency permit issued by the board under section 147.0391.
5.9 	(6) A person employed in a scientific, sanitary, or teaching capacity by the state 
5.10 	university, the Department of Education, a public or private school, college, or other 
5.11 	bona fide educational institution, a nonprofit organization, which has tax-exempt status 
5.12 	in accordance with the Internal Revenue Code, section 501(c)(3), and is organized and 
5.13 	operated primarily for the purpose of conducting scientific research directed towards 
5.14 	discovering the causes of and cures for human diseases, or the state Department of Health, 
5.15 	whose duties are entirely of a research, public health, or educational character, while 
5.16 	engaged in such duties; provided that if the research includes the study of humans, such 
5.17 	research shall be conducted under the supervision of one or more physicians licensed 
5.18 	under this chapter.
5.19 	(7) Physician'sPhysician  assistants registered licensed in this state.
5.20 	(8) A doctor of osteopathy duly licensed by the state Board of Osteopathy under 
5.21 	Minnesota Statutes 1961, sections 148.11 to 148.16, prior to May 1, 1963, who has not 
5.22 	been granted a license to practice medicine in accordance with this chapter provided that 
5.23 	the doctor confines activities within the scope of the license.
5.24 	(9) Any person licensed by a health-related licensing board, as defined in section 
5.25 	214.01, subdivision 2, or registered by the commissioner of health pursuant to section 
5.26 	214.13, including psychological practitioners with respect to the use of hypnosis; provided 
5.27 	that the person confines activities within the scope of the license.
5.28 	(10) A person who practices ritual circumcision pursuant to the requirements or 
5.29 	tenets of any established religion.
5.30 	(11) A Christian Scientist or other person who endeavors to prevent or cure disease 
5.31 	or suffering exclusively by mental or spiritual means or by prayer.
5.32 	(12) A physician licensed to practice medicine in another state who is in this state 
5.33 	for the sole purpose of providing medical services at a competitive athletic event. The 
5.34 	physician may practice medicine only on participants in the athletic event. A physician 
5.35 	shall first register with the board on a form developed by the board for that purpose. The 
5.36 	board shall not be required to adopt the contents of the form by rule. The physician shall 
6.1 	provide evidence satisfactory to the board of a current unrestricted license in another state. 
6.2 	The board shall charge a fee of $50 for the registration.
6.3 	(13) A psychologist licensed under section 148.907 or a social worker licensed 
6.4 	under chapter 148D who uses or supervises the use of a penile or vaginal plethysmograph 
6.5 	in assessing and treating individuals suspected of engaging in aberrant sexual behavior 
6.6 	and sex offenders.
6.7 	(14) Any person issued a training course certificate or credentialed by the Emergency 
6.8 	Medical Services Regulatory Board established in chapter 144E, provided the person 
6.9 	confines activities within the scope of training at the certified or credentialed level.
6.10 	(15) An unlicensed complementary and alternative health care practitioner practicing 
6.11 	according to chapter 146A.

6.12 	Sec. 8. Minnesota Statutes 2008, section 147A.01, is amended to read:
6.13 	147A.01 DEFINITIONS.
6.14 		Subdivision 1.Scope. For the purpose of this chapter the terms defined in this 
6.15 	section have the meanings given them.
6.16 		Subd. 2.Active status. "Active status" means the status of a person who has met all 
6.17 	the qualifications of a physician assistant, has a physician-physician assistant agreement in 
6.18 	force, and is registered.
6.19 		Subd. 3.Administer. "Administer" means the delivery by a physician assistant 
6.20 	authorized to prescribe legend drugs, a single dose of a legend drug, including controlled 
6.21 	substances, to a patient by injection, inhalation, ingestion, or by any other immediate 
6.22 	means, and the delivery by a physician assistant ordered by a physician a single dose of a 
6.23 	legend drug by injection, inhalation, ingestion, or by any other immediate means.
6.24 		Subd. 4.Agreement. "Agreement" means the document described in section 
6.25 	147A.20.  
6.26 		Subd. 5.Alternate supervising physician. "Alternate supervising physician" 
6.27 	means a Minnesota licensed physician listed in the physician-physician assistant 
6.28 	delegation agreement, or supplemental listing, who is responsible for supervising 
6.29 	the physician assistant when the main primary supervising physician is unavailable. 
6.30 	The alternate supervising physician shall accept full medical responsibility for the 
6.31 	performance, practice, and activities of the physician assistant while under the supervision 
6.32 	of the alternate supervising physician.
6.33 		Subd. 6.Board. "Board" means the Board of Medical Practice or its designee.
6.34 		Subd. 7.Controlled substances. "Controlled substances" has the meaning given it 
6.35 	in section 152.01, subdivision 4.  
7.1 		Subd. 8.Delegation form. "Delegation form" means the form used to indicate the 
7.2 	categories of drugs for which the authority to prescribe, administer, and dispense has been 
7.3 	delegated to the physician assistant and signed by the supervising physician, any alternate 
7.4 	supervising physicians, and the physician assistant. This form is part of the agreement 
7.5 	described in section 147A.20, and shall be maintained by the supervising physician and 
7.6 	physician assistant at the address of record. Copies shall be provided to the board upon 
7.7 	request. "Addendum to the delegation form" means a separate listing of the schedules 
7.8 	and categories of controlled substances, if any, for which the physician assistant has been 
7.9 	delegated the authority to prescribe, administer, and dispense. The addendum shall be 
7.10 	maintained as a separate document as described above.  
7.11 		Subd. 9.Diagnostic order. "Diagnostic order" means a directive to perform 
7.12 	a procedure or test, the purpose of which is to determine the cause and nature of a 
7.13 	pathological condition or disease.
7.14 		Subd. 10.Drug. "Drug" has the meaning given it in section 151.01, subdivision 5, 
7.15 	including controlled substances as defined in section 152.01, subdivision 4.  
7.16 		Subd. 11.Drug category. "Drug category" means one of the categories listed on the 
7.17 	physician-physician assistant delegation form agreement.
7.18 		Subd. 12.Inactive status. "Inactive status" means the status of a person who has 
7.19 	met all the qualifications of a physician assistant, and is registered, but does not have a 
7.20 	physician-physician assistant agreement in force a licensed physician assistant whose 
7.21 	license has been placed on inactive status under section 147A.05.
7.22 		Subd. 13.Internal protocol. "Internal protocol" means a document written by 
7.23 	the supervising physician and the physician assistant which specifies the policies and 
7.24 	procedures which will apply to the physician assistant's prescribing, administering, 
7.25 	and dispensing of legend drugs and medical devices, including controlled substances 
7.26 	as defined in section 152.01, subdivision 4, and lists the specific categories of drugs 
7.27 	and medical devices, with any exceptions or conditions, that the physician assistant 
7.28 	is authorized to prescribe, administer, and dispense. The supervising physician and 
7.29 	physician assistant shall maintain the protocol at the address of record. Copies shall be 
7.30 	provided to the board upon request.  
7.31 		Subd. 14.Legend drug. "Legend drug" has the meaning given it in section 151.01, 
7.32 	subdivision 17.  
7.33 		Subd. 14a.Licensed. "Licensed" means meeting the qualifications in section 
7.34 	147A.02 and being issued a license by the board.
7.35 		Subd. 14b.Licensure. "Licensure" means the process by which the board 
7.36 	determines that an applicant has met the standards and qualifications in this chapter.
8.1 		Subd. 15.Locum tenens permit. "Locum tenens permit" means time specific 
8.2 	temporary permission for a physician assistant to practice as a physician assistant in 
8.3 	a setting other than the practice setting established in the physician-physician assistant 
8.4 	agreement.
8.5 		Subd. 16.Medical device. "Medical device" means durable medical equipment and 
8.6 	assistive or rehabilitative appliances, objects, or products that are required to implement 
8.7 	the overall plan of care for the patient and that are restricted by federal law to use upon 
8.8 	prescription by a licensed practitioner.
8.9 		Subd. 16a.Notice of intent to practice. "Notice of intent to practice" means 
8.10 	a document sent to the board by a licensed physician assistant that documents the 
8.11 	adoption of a physician-physician assistant delegation agreement and provides the names, 
8.12 	addresses, and information required by section 147A.20.
8.13 		Subd. 17.Physician. "Physician" means a person currently licensed in good 
8.14 	standing as a physician or osteopath under chapter 147.
8.15 		Subd. 17a.Physician-physician assistant delegation agreement.
 8.16 	"Physician-physician assistant delegation agreement" means the document prepared and 
8.17 	signed by the physician and physician assistant affirming the supervisory relationship and 
8.18 	defining the physician assistant scope of practice. Alternate supervising physicians must be 
8.19 	identified on the delegation agreement or a supplemental listing with signed attestation that 
8.20 	each shall accept full medical responsibility for the performance, practice, and activities of 
8.21 	the physician assistant while under the supervision of the alternate supervising physician. 
8.22 	The physician-physician assistant delegation agreement outlines the role of the physician 
8.23 	assistant in the practice, describes the means of supervision, and specifies the categories of 
8.24 	drugs, controlled substances, and medical devices that the supervising physician delegates 
8.25 	to the physician assistant to prescribe. The physician-physician assistant delegation 
8.26 	agreement must comply with the requirements of section 147A.20, be kept on file at the 
8.27 	address of record, and be made available to the board or its representative upon request.
8.28 		Subd. 18.Physician assistant or registered licensed physician assistant.
 8.29 	"Physician assistant" or "registered licensed physician assistant" means a person registered
8.30 	licensed pursuant to this chapter who is qualified by academic or practical training or 
8.31 	both to provide patient services as specified in this chapter, under the supervision of a 
8.32 	supervising physician meets the qualifications in section 147A.02.
8.33 		Subd. 19.Practice setting description. "Practice setting description" means a 
8.34 	signed record submitted to the board on forms provided by the board, on which:
8.35 	(1) the supervising physician assumes full medical responsibility for the medical 
8.36 	care rendered by a physician assistant;
9.1 	(2) is recorded the address and phone number of record of each supervising 
9.2 	physician and alternate, and the physicians' medical license numbers and DEA number;
9.3 	(3) is recorded the address and phone number of record of the physician assistant 
9.4 	and the physician assistant's registration number and DEA number;
9.5 	(4) is recorded whether the physician assistant has been delegated prescribing, 
9.6 	administering, and dispensing authority;
9.7 	(5) is recorded the practice setting, address or addresses and phone number or 
9.8 	numbers of the physician assistant; and
9.9 	(6) is recorded a statement of the type, amount, and frequency of supervision.
9.10 		Subd. 20.Prescribe. "Prescribe" means to direct, order, or designate by means of a 
9.11 	prescription the preparation, use of, or manner of using a drug or medical device.
9.12 		Subd. 21.Prescription. "Prescription" means a signed written order, or an oral 
9.13 	order reduced to writing, or an electronic order meeting current and prevailing standards
9.14 	given by a physician assistant authorized to prescribe drugs for patients in the course 
9.15 	of the physician assistant's practice, issued for an individual patient and containing the 
9.16 	information required in the physician-physician assistant delegation form agreement.
9.17 		Subd. 22.Registration. "Registration" is the process by which the board determines 
9.18 	that an applicant has been found to meet the standards and qualifications found in this 
9.19 	chapter.
9.20 		Subd. 23.Supervising physician. "Supervising physician" means a Minnesota 
9.21 	licensed physician who accepts full medical responsibility for the performance, practice, 
9.22 	and activities of a physician assistant under an agreement as described in section 147A.20. 
9.23 	The supervising physician who completes and signs the delegation agreement may be 
9.24 	referred to as the primary supervising physician. A supervising physician shall not 
9.25 	supervise more than two five full-time equivalent physician assistants simultaneously.  
9.26 	With the approval of the board, or in a disaster or emergency situation pursuant to section 
9.27 	147A.23, a supervising physician may supervise more than five full-time equivalent 
9.28 	physician assistants simultaneously.
9.29 		Subd. 24.Supervision. "Supervision" means overseeing the activities of, and 
9.30 	accepting responsibility for, the medical services rendered by a physician assistant. The 
9.31 	constant physical presence of the supervising physician is not required so long as the 
9.32 	supervising physician and physician assistant are or can be easily in contact with one 
9.33 	another by radio, telephone, or other telecommunication device. The scope and nature of 
9.34 	the supervision shall be defined by the individual physician-physician assistant delegation
9.35 	agreement.
10.1 		Subd. 25.Temporary registration license. "Temporary registration" means the 
10.2 	status of a person who has satisfied the education requirement specified in this chapter; 
10.3 	is enrolled in the next examination required in this chapter; or is awaiting examination 
10.4 	results; has a physician-physician assistant agreement in force as required by this chapter, 
10.5 	and has submitted a practice setting description to the board. Such provisional registration 
10.6 	shall expire 90 days after completion of the next examination sequence, or after one year, 
10.7 	whichever is sooner, for those enrolled in the next examination; and upon receipt of the 
10.8 	examination results for those awaiting examination results. The registration shall be 
10.9 	granted by the board or its designee. "Temporary license" means a license granted to a 
10.10 	physician assistant who meets all of the qualifications for licensure but has not yet been 
10.11 	approved for licensure at a meeting of the board.
10.12 		Subd. 26.Therapeutic order. "Therapeutic order" means an order given to another 
10.13 	for the purpose of treating or curing a patient in the course of a physician assistant's 
10.14 	practice. Therapeutic orders may be written or verbal, but do not include the prescribing 
10.15 	of legend drugs or medical devices unless prescribing authority has been delegated within 
10.16 	the physician-physician assistant delegation agreement.
10.17 		Subd. 27.Verbal order. "Verbal order" means an oral order given to another for 
10.18 	the purpose of treating or curing a patient in the course of a physician assistant's practice. 
10.19 	Verbal orders do not include the prescribing of legend drugs unless prescribing authority 
10.20 	has been delegated within the physician-physician assistant delegation agreement.

10.21 	Sec. 9. Minnesota Statutes 2008, section 147A.02, is amended to read:
10.22 	147A.02 QUALIFICATIONS FOR REGISTRATION LICENSURE.
10.23 	Except as otherwise provided in this chapter, an individual shall be registered
10.24 	licensed by the board before the individual may practice as a physician assistant.
10.25 	The board may grant registration a license as a physician assistant to an applicant 
10.26 	who:
10.27 	(1) submits an application on forms approved by the board;
10.28 	(2) pays the appropriate fee as determined by the board;
10.29 	(3) has current certification from the National Commission on Certification of 
10.30 	Physician Assistants, or its successor agency as approved by the board;
10.31 	(4) certifies that the applicant is mentally and physically able to engage safely in 
10.32 	practice as a physician assistant;
10.33 	(5) has no licensure, certification, or registration as a physician assistant under 
10.34 	current discipline, revocation, suspension, or probation for cause resulting from the 
11.1 	applicant's practice as a physician assistant, unless the board considers the condition 
11.2 	and agrees to licensure;
11.3 	(6) submits any other information the board deems necessary to evaluate the 
11.4 	applicant's qualifications; and
11.5 	(7) has been approved by the board.
11.6 	All persons registered as physician assistants as of June 30, 1995, are eligible for 
11.7 	continuing registration license  renewal. All persons applying for registration licensure
11.8 	after that date shall be registered licensed according to this chapter.

11.9 	Sec. 10. Minnesota Statutes 2008, section 147A.03, is amended to read:
11.10 	147A.03 PROTECTED TITLES AND RESTRICTIONS ON USE.
11.11 		Subdivision 1.Protected titles. No individual may use the titles "Minnesota 
11.12 	Registered Licensed Physician Assistant," "Registered Licensed Physician Assistant," 
11.13 	"Physician Assistant," or "PA" in connection with the individual's name, or any other 
11.14 	words, letters, abbreviations, or insignia indicating or implying that the individual is 
11.15 	registered with licensed by the state unless they have been registered licensed according 
11.16 	to this chapter.
11.17 		Subd. 2.Health care practitioners. Individuals practicing in a health care 
11.18 	occupation are not restricted in the provision of services included in this chapter as long as 
11.19 	they do not hold themselves out as physician assistants by or through the titles provided in 
11.20 	subdivision 1 in association with provision of these services.
11.21 		Subd. 3.Identification of registered practitioners. Physician assistants in 
11.22 	Minnesota shall wear name tags which identify them as physician assistants.
11.23 		Subd. 4.Sanctions. Individuals who hold themselves out as physician assistants by 
11.24 	or through any of the titles provided in subdivision 1 without prior registration licensure
11.25 	shall be subject to sanctions or actions against continuing the activity according to section 
11.26 	214.11, or other authority.  

11.27 	Sec. 11. Minnesota Statutes 2008, section 147A.04, is amended to read:
11.28 	147A.04 TEMPORARY PERMIT LICENSE.
11.29 	The board may issue a temporary permit license to practice to a physician assistant 
11.30 	eligible for registration licensure under this chapter only if the application for registration
11.31 	licensure is complete, all requirements have been met, and a nonrefundable fee set by 
11.32 	the board has been paid. The permit temporary license remains valid only until the 
11.33 	next meeting of the board at which a decision is made on the application for registration
11.34 	licensure.

12.1 	Sec. 12. Minnesota Statutes 2008, section 147A.05, is amended to read:
12.2 	147A.05 INACTIVE REGISTRATION LICENSE.
12.3 	Physician assistants who notify the board in writing on forms prescribed by the board 
12.4 	may elect to place their registrations license on an inactive status. Physician assistants 
12.5 	with an inactive registration license shall be excused from payment of renewal fees and 
12.6 	shall not practice as physician assistants. Persons who engage in practice while their 
12.7 	registrations are license is lapsed or on inactive status shall be considered to be practicing 
12.8 	without registration a license, which shall be grounds for discipline under section 147A.13. 
12.9 	Physician assistants who provide care under the provisions of section 147A.23 shall not 
12.10 	be considered practicing without a license or subject to disciplinary action. Physician 
12.11 	assistants requesting restoration from inactive status who notify the board of their intent to 
12.12 	resume active practice shall be required to pay the current renewal fees and all unpaid back 
12.13 	fees and shall be required to meet the criteria for renewal specified in section 147A.07.  

12.14 	Sec. 13. Minnesota Statutes 2008, section 147A.06, is amended to read:
12.15 	147A.06 CANCELLATION OF REGISTRATION LICENSE FOR 
12.16 	NONRENEWAL.
12.17 	The board shall not renew, reissue, reinstate, or restore a registration license that 
12.18 	has lapsed on or after July 1, 1996, and has not been renewed within two annual renewal 
12.19 	cycles starting July 1, 1997. A registrant licensee whose registration license is canceled 
12.20 	for nonrenewal must obtain a new registration license by applying for registration
12.21 	licensure and fulfilling all requirements then in existence for an initial registration license
12.22 	to practice as a physician assistant.

12.23 	Sec. 14. Minnesota Statutes 2008, section 147A.07, is amended to read:
12.24 	147A.07 RENEWAL.
12.25 	A person who holds a registration license as a physician assistant shall annually, 
12.26 	upon notification from the board, renew the registration license by:
12.27 	(1) submitting the appropriate fee as determined by the board;
12.28 	(2) completing the appropriate forms; and
12.29 	(3) meeting any other requirements of the board;
12.30 	(4) submitting a revised and updated practice setting description showing evidence 
12.31 	of annual review of the physician-physician assistant supervisory agreement.

13.1 	Sec. 15. Minnesota Statutes 2008, section 147A.08, is amended to read:
13.2 	147A.08 EXEMPTIONS.
13.3 	(a) This chapter does not apply to, control, prevent, or restrict the practice, service, 
13.4 	or activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons 
13.5 	regulated under section 214.01, subdivision 2, or persons defined in section 144.1501, 
13.6 	subdivision 1, paragraphs (f), (h), and (i).
13.7 	(b) Nothing in this chapter shall be construed to require registration licensure of:
13.8 	(1) a physician assistant student enrolled in a physician assistant or surgeon assistant 
13.9 	educational program accredited by the Committee on Allied Health Education and 
13.10 	Accreditation Review Commission on Education for the Physician Assistant or by its 
13.11 	successor agency approved by the board;
13.12 	(2) a physician assistant employed in the service of the federal government while 
13.13 	performing duties incident to that employment; or
13.14 	(3) technicians, other assistants, or employees of physicians who perform delegated 
13.15 	tasks in the office of a physician but who do not identify themselves as a physician 
13.16 	assistant.

13.17 	Sec. 16. Minnesota Statutes 2008, section 147A.09, is amended to read:
13.18 	147A.09 SCOPE OF PRACTICE, DELEGATION.
13.19 		Subdivision 1.Scope of practice. Physician assistants shall practice medicine 
13.20 	only with physician supervision. Physician assistants may perform those duties and 
13.21 	responsibilities as delegated in the physician-physician assistant delegation agreement 
13.22 	and delegation forms maintained at the address of record by the supervising physician 
13.23 	and physician assistant, including the prescribing, administering, and dispensing of drugs, 
13.24 	controlled substances, and medical devices and drugs, excluding anesthetics, other than 
13.25 	local anesthetics, injected in connection with an operating room procedure, inhaled 
13.26 	anesthesia and spinal anesthesia.
13.27 	Patient service must be limited to:
13.28 	(1) services within the training and experience of the physician assistant;
13.29 	(2) services customary to the practice of the supervising physician or alternate 
13.30 	supervising physician;
13.31 	(3) services delegated by the supervising physician or alternate supervising physician 
13.32 	under the physician-physician assistant delegation agreement; and
13.33 	(4) services within the parameters of the laws, rules, and standards of the facilities 
13.34 	in which the physician assistant practices.
14.1 	Nothing in this chapter authorizes physician assistants to perform duties regulated 
14.2 	by the boards listed in section 214.01, subdivision 2, other than the Board of Medical 
14.3 	Practice, and except as provided in this section.  
14.4 		Subd. 2.Delegation. Patient services may include, but are not limited to, the 
14.5 	following, as delegated by the supervising physician and authorized in the delegation
14.6 	agreement:
14.7 	(1) taking patient histories and developing medical status reports;
14.8 	(2) performing physical examinations;
14.9 	(3) interpreting and evaluating patient data;
14.10 	(4) ordering or performing diagnostic procedures, including radiography the use of 
14.11 	radiographic imaging systems in compliance with Minnesota Rules 2007, chapter 4732;
14.12 	(5) ordering or performing therapeutic procedures including the use of ionizing 
14.13 	radiation in compliance with Minnesota Rules 2007, chapter 4732;
14.14 	(6) providing instructions regarding patient care, disease prevention, and health 
14.15 	promotion;
14.16 	(7) assisting the supervising physician in patient care in the home and in health 
14.17 	care facilities;
14.18 	(8) creating and maintaining appropriate patient records;
14.19 	(9) transmitting or executing specific orders at the direction of the supervising 
14.20 	physician;
14.21 	(10) prescribing, administering, and dispensing legend drugs, controlled substances,
14.22 	and medical devices if this function has been delegated by the supervising physician 
14.23 	pursuant to and subject to the limitations of section 147A.18 and chapter 151. For 
14.24 	physician assistants who have been delegated the authority to prescribe controlled 
14.25 	substances shall maintain a separate addendum to the delegation form which lists all 
14.26 	schedules and categories such delegation shall be included in the physician-physician 
14.27 	assistant delegation agreement, and all schedules of controlled substances which the 
14.28 	physician assistant has the authority to prescribe. This addendum shall be maintained with 
14.29 	the physician-physician assistant agreement, and the delegation form at the address of 
14.30 	record shall be specified;  
14.31 	(11) for physician assistants not delegated prescribing authority, administering 
14.32 	legend drugs and medical devices following prospective review for each patient by and 
14.33 	upon direction of the supervising physician;
14.34 	(12) functioning as an emergency medical technician with permission of the 
14.35 	ambulance service and in compliance with section 144E.127, and ambulance service rules 
14.36 	adopted by the commissioner of health;  
15.1 	(13) initiating evaluation and treatment procedures essential to providing an 
15.2 	appropriate response to emergency situations; and
15.3 	(14) certifying a physical disability patient's eligibility for a disability parking 
15.4 	certificate under section 169.345, subdivision 2a 2;
15.5 	(15) assisting at surgery; and
15.6 	(16) providing medical authorization for admission for emergency care and 
15.7 	treatment of a patient under section 253B.05, subdivision 2.  
15.8 	Orders of physician assistants shall be considered the orders of their supervising 
15.9 	physicians in all practice-related activities, including, but not limited to, the ordering of 
15.10 	diagnostic, therapeutic, and other medical services.

15.11 	Sec. 17. Minnesota Statutes 2008, section 147A.11, is amended to read:
15.12 	147A.11 EXCLUSIONS OF LIMITATIONS ON EMPLOYMENT.
15.13 	Nothing in this chapter shall be construed to limit the employment arrangement of a 
15.14 	physician assistant registered licensed under this chapter.

15.15 	Sec. 18. Minnesota Statutes 2008, section 147A.13, is amended to read:
15.16 	147A.13 GROUNDS FOR DISCIPLINARY ACTION.
15.17 		Subdivision 1.Grounds listed. The board may refuse to grant registration licensure
15.18 	or may impose disciplinary action as described in this subdivision against any physician 
15.19 	assistant. The following conduct is prohibited and is grounds for disciplinary action:
15.20 	(1) failure to demonstrate the qualifications or satisfy the requirements for 
15.21 	registration licensure contained in this chapter or rules of the board. The burden of proof 
15.22 	shall be upon the applicant to demonstrate such qualifications or satisfaction of such 
15.23 	requirements;
15.24 	(2) obtaining registration a license by fraud or cheating, or attempting to subvert 
15.25 	the examination process. Conduct which subverts or attempts to subvert the examination 
15.26 	process includes, but is not limited to:
15.27 	(i) conduct which violates the security of the examination materials, such as 
15.28 	removing examination materials from the examination room or having unauthorized 
15.29 	possession of any portion of a future, current, or previously administered licensing 
15.30 	examination;
15.31 	(ii) conduct which violates the standard of test administration, such as 
15.32 	communicating with another examinee during administration of the examination, copying 
15.33 	another examinee's answers, permitting another examinee to copy one's answers, or 
15.34 	possessing unauthorized materials; and
16.1 	(iii) impersonating an examinee or permitting an impersonator to take the 
16.2 	examination on one's own behalf;
16.3 	(3) conviction, during the previous five years, of a felony reasonably related to the 
16.4 	practice of physician assistant. Conviction as used in this subdivision includes a conviction 
16.5 	of an offense which if committed in this state would be deemed a felony without regard to 
16.6 	its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is 
16.7 	made or returned but the adjudication of guilt is either withheld or not entered;
16.8 	(4) revocation, suspension, restriction, limitation, or other disciplinary action against 
16.9 	the person's physician assistant credentials in another state or jurisdiction, failure to 
16.10 	report to the board that charges regarding the person's credentials have been brought in 
16.11 	another state or jurisdiction, or having been refused registration licensure by any other 
16.12 	state or jurisdiction;
16.13 	(5) advertising which is false or misleading, violates any rule of the board, or claims 
16.14 	without substantiation the positive cure of any disease or professional superiority to or 
16.15 	greater skill than that possessed by another physician assistant;
16.16 	(6) violating a rule adopted by the board or an order of the board, a state, or federal 
16.17 	law which relates to the practice of a physician assistant, or in part regulates the practice 
16.18 	of a physician assistant, including without limitation sections 148A.02, 609.344, and 
16.19 	609.345, or a state or federal narcotics or controlled substance law; 
16.20 	(7) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm 
16.21 	the public, or demonstrating a willful or careless disregard for the health, welfare, or 
16.22 	safety of a patient; or practice which is professionally incompetent, in that it may create 
16.23 	unnecessary danger to any patient's life, health, or safety, in any of which cases, proof 
16.24 	of actual injury need not be established;
16.25 	(8) failure to adhere to the provisions of the physician-physician assistant delegation
16.26 	agreement;
16.27 	(9) engaging in the practice of medicine beyond that allowed by the 
16.28 	physician-physician assistant delegation agreement, including the delegation form or 
16.29 	the addendum to the delegation form, or aiding or abetting an unlicensed person in the 
16.30 	practice of medicine;
16.31 	(10) adjudication as mentally incompetent, mentally ill or developmentally disabled, 
16.32 	or as a chemically dependent person, a person dangerous to the public, a sexually 
16.33 	dangerous person, or a person who has a sexual psychopathic personality by a court of 
16.34 	competent jurisdiction, within or without this state. Such adjudication shall automatically 
16.35 	suspend a registration license for its duration unless the board orders otherwise;
17.1 	(11) engaging in unprofessional conduct. Unprofessional conduct includes any 
17.2 	departure from or the failure to conform to the minimal standards of acceptable and 
17.3 	prevailing practice in which proceeding actual injury to a patient need not be established;
17.4 	(12) inability to practice with reasonable skill and safety to patients by reason of 
17.5 	illness, drunkenness, use of drugs, narcotics, chemicals, or any other type of material, or 
17.6 	as a result of any mental or physical condition, including deterioration through the aging 
17.7 	process or loss of motor skills;
17.8 	(13) revealing a privileged communication from or relating to a patient except when 
17.9 	otherwise required or permitted by law;
17.10 	(14) any use of identification of a physician assistant by the title "Physician," 
17.11 	"Doctor," or "Dr." in a patient care setting or in a communication directed to the general 
17.12 	public;
17.13 	(15) improper management of medical records, including failure to maintain 
17.14 	adequate medical records, to comply with a patient's request made pursuant to sections 
17.15 	144.291 to 144.298, or to furnish a medical record or report required by law; 
17.16 	(16) engaging in abusive or fraudulent billing practices, including violations of the 
17.17 	federal Medicare and Medicaid laws or state medical assistance laws;
17.18 	(17) becoming addicted or habituated to a drug or intoxicant;
17.19 	(18) prescribing a drug or device for other than medically accepted therapeutic, 
17.20 	experimental, or investigative purposes authorized by a state or federal agency or referring 
17.21 	a patient to any health care provider as defined in sections 144.291 to 144.298 for services 
17.22 	or tests not medically indicated at the time of referral; 
17.23 	(19) engaging in conduct with a patient which is sexual or may reasonably be 
17.24 	interpreted by the patient as sexual, or in any verbal behavior which is seductive or 
17.25 	sexually demeaning to a patient;
17.26 	(20) failure to make reports as required by section 147A.14 or to cooperate with an 
17.27 	investigation of the board as required by section 147A.15, subdivision 3; 
17.28 	(21) knowingly providing false or misleading information that is directly related 
17.29 	to the care of that patient unless done for an accepted therapeutic purpose such as the 
17.30 	administration of a placebo;
17.31 	(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
17.32 	established by any of the following: 
17.33 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
17.34 	violation of section 609.215, subdivision 1 or 2; 
17.35 	(ii) a copy of the record of a judgment of contempt of court for violating an 
17.36 	injunction issued under section 609.215, subdivision 4; 
18.1 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
18.2 	subdivision 5; or 
18.3 	(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 
18.4 	2. The board shall investigate any complaint of a violation of section 609.215, subdivision 
18.5 	1 or 2; or 
18.6 	(23) failure to maintain annually reviewed and updated physician-physician 
18.7 	assistant delegation agreements, internal protocols, or prescribing delegation forms for 
18.8 	each physician-physician assistant practice relationship, or failure to provide copies of 
18.9 	such documents upon request by the board.
18.10 		Subd. 2.Effective dates, automatic suspension. A suspension, revocation, 
18.11 	condition, limitation, qualification, or restriction of a registration license shall be in effect 
18.12 	pending determination of an appeal unless the court, upon petition and for good cause 
18.13 	shown, orders otherwise.
18.14 	A physician assistant registration license is automatically suspended if:
18.15 	(1) a guardian of a registrant licensee is appointed by order of a court pursuant to 
18.16 	sections 524.5-101 to 524.5-502, for reasons other than the minority of the registrant
18.17 	licensee; or 
18.18 	(2) the registrant licensee is committed by order of a court pursuant to chapter 
18.19 	253B. The registration license remains suspended until the registrant licensee is restored 
18.20 	to capacity by a court and, upon petition by the registrant licensee, the suspension is 
18.21 	terminated by the board after a hearing.
18.22 		Subd. 3.Conditions on reissued registration license. In its discretion, the board 
18.23 	may restore and reissue a physician assistant registration license, but may impose as a 
18.24 	condition any disciplinary or corrective measure which it might originally have imposed.
18.25 		Subd. 4.Temporary suspension of registration license. In addition to any other 
18.26 	remedy provided by law, the board may, without a hearing, temporarily suspend the 
18.27 	registration license of a physician assistant if the board finds that the physician assistant has 
18.28 	violated a statute or rule which the board is empowered to enforce and continued practice 
18.29 	by the physician assistant would create a serious risk of harm to the public. The suspension 
18.30 	shall take effect upon written notice to the physician assistant, specifying the statute or 
18.31 	rule violated. The suspension shall remain in effect until the board issues a final order 
18.32 	in the matter after a hearing. At the time it issues the suspension notice, the board shall 
18.33 	schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
18.34 	The physician assistant shall be provided with at least 20 days' notice of any hearing 
18.35 	held pursuant to this subdivision. The hearing shall be scheduled to begin no later than 30 
18.36 	days after the issuance of the suspension order.
19.1 		Subd. 5.Evidence. In disciplinary actions alleging a violation of subdivision 
19.2 	1, clause (3) or (4), a copy of the judgment or proceeding under the seal of the court 
19.3 	administrator or of the administrative agency which entered it shall be admissible into 
19.4 	evidence without further authentication and shall constitute prima facie evidence of the 
19.5 	contents thereof.
19.6 		Subd. 6.Mental examination; access to medical data. (a) If the board has 
19.7 	probable cause to believe that a physician assistant comes under subdivision 1, clause 
19.8 	(1), it may direct the physician assistant to submit to a mental or physical examination. 
19.9 	For the purpose of this subdivision, every physician assistant registered licensed under 
19.10 	this chapter is deemed to have consented to submit to a mental or physical examination 
19.11 	when directed in writing by the board and further to have waived all objections to the 
19.12 	admissibility of the examining physicians' testimony or examination reports on the ground 
19.13 	that the same constitute a privileged communication. Failure of a physician assistant to 
19.14 	submit to an examination when directed constitutes an admission of the allegations against 
19.15 	the physician assistant, unless the failure was due to circumstance beyond the physician 
19.16 	assistant's control, in which case a default and final order may be entered without the 
19.17 	taking of testimony or presentation of evidence. A physician assistant affected under this 
19.18 	subdivision shall at reasonable intervals be given an opportunity to demonstrate that 
19.19 	the physician assistant can resume competent practice with reasonable skill and safety 
19.20 	to patients. In any proceeding under this subdivision, neither the record of proceedings 
19.21 	nor the orders entered by the board shall be used against a physician assistant in any 
19.22 	other proceeding.
19.23 	(b) In addition to ordering a physical or mental examination, the board may, 
19.24 	notwithstanding sections 13.384, 144.651, or any other law limiting access to medical or 
19.25 	other health data, obtain medical data and health records relating to a registrant licensee or 
19.26 	applicant without the registrant's licensee's or applicant's consent if the board has probable 
19.27 	cause to believe that a physician assistant comes under subdivision 1, clause (1). 
19.28 	The medical data may be requested from a provider, as defined in section 144.291, 
19.29 	subdivision 2, paragraph (h), an insurance company, or a government agency, including 
19.30 	the Department of Human Services. A provider, insurance company, or government 
19.31 	agency shall comply with any written request of the board under this subdivision and is not 
19.32 	liable in any action for damages for releasing the data requested by the board if the data 
19.33 	are released pursuant to a written request under this subdivision, unless the information 
19.34 	is false and the provider giving the information knew, or had reason to believe, the 
19.35 	information was false. Information obtained under this subdivision is classified as private 
19.36 	under chapter 13. 
20.1 		Subd. 7.Tax clearance certificate. (a) In addition to the provisions of subdivision 
20.2 	1, the board may not issue or renew a registration license if the commissioner of revenue 
20.3 	notifies the board and the registrant licensee or applicant for registration licensure that the 
20.4 	registrant licensee or applicant owes the state delinquent taxes in the amount of $500 or 
20.5 	more. The board may issue or renew the registration license only if:
20.6 	(1) the commissioner of revenue issues a tax clearance certificate; and
20.7 	(2) the commissioner of revenue, the registrant licensee, or the applicant forwards a 
20.8 	copy of the clearance to the board.
20.9 	The commissioner of revenue may issue a clearance certificate only if the registrant
20.10 	licensee or applicant does not owe the state any uncontested delinquent taxes.
20.11 	(b) For purposes of this subdivision, the following terms have the meanings given:
20.12 	(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties 
20.13 	and interest due on those taxes, and
20.14 	(2) "Delinquent taxes" do not include a tax liability if:
20.15 	(i) an administrative or court action that contests the amount or validity of the 
20.16 	liability has been filed or served;
20.17 	(ii) the appeal period to contest the tax liability has not expired; or
20.18 	(iii) the licensee or applicant has entered into a payment agreement to pay the 
20.19 	liability and is current with the payments.
20.20 	(c) When a registrant licensee or applicant is required to obtain a clearance certificate 
20.21 	under this subdivision, a contested case hearing must be held if the registrant licensee or 
20.22 	applicant requests a hearing in writing to the commissioner of revenue within 30 days of 
20.23 	the date of the notice provided in paragraph (a). The hearing must be held within 45 days 
20.24 	of the date the commissioner of revenue refers the case to the Office of Administrative 
20.25 	Hearings. Notwithstanding any law to the contrary, the licensee or applicant must be 
20.26 	served with 20 days' notice in writing specifying the time and place of the hearing and 
20.27 	the allegations against the registrant or applicant. The notice may be served personally or 
20.28 	by mail.
20.29 	(d) The board shall require all registrants licensees or applicants to provide their 
20.30 	Social Security number and Minnesota business identification number on all registration
20.31 	license applications. Upon request of the commissioner of revenue, the board must 
20.32 	provide to the commissioner of revenue a list of all registrants licensees and applicants, 
20.33 	including their names and addresses, Social Security numbers, and business identification 
20.34 	numbers. The commissioner of revenue may request a list of the registrants licensees and 
20.35 	applicants no more than once each calendar year.
21.1 		Subd. 8.Limitation. No board proceeding against a licensee shall be instituted 
21.2 	unless commenced within seven years from the date of commission of some portion of the 
21.3 	offense except for alleged violations of subdivision 1, paragraph (19), or subdivision 7.

21.4 	Sec. 19. Minnesota Statutes 2008, section 147A.16, is amended to read:
21.5 	147A.16 FORMS OF DISCIPLINARY ACTION.
21.6 	When the board finds that a registered licensed physician assistant has violated a 
21.7 	provision of this chapter, it may do one or more of the following:
21.8 	(1) revoke the registration license;
21.9 	(2) suspend the registration license;
21.10 	(3) impose limitations or conditions on the physician assistant's practice, including 
21.11 	limiting the scope of practice to designated field specialties; impose retraining or 
21.12 	rehabilitation requirements; require practice under additional supervision; or condition 
21.13 	continued practice on demonstration of knowledge or skills by appropriate examination 
21.14 	or other review of skill and competence;
21.15 	(4) impose a civil penalty not exceeding $10,000 for each separate violation, the 
21.16 	amount of the civil penalty to be fixed so as to deprive the physician assistant of any 
21.17 	economic advantage gained by reason of the violation charged or to reimburse the board 
21.18 	for the cost of the investigation and proceeding;
21.19 	(5) order the physician assistant to provide unremunerated professional service 
21.20 	under supervision at a designated public hospital, clinic, or other health care institution; or
21.21 	(6) censure or reprimand the registered licensed physician assistant.
21.22 	Upon judicial review of any board disciplinary action taken under this chapter, the 
21.23 	reviewing court shall seal the administrative record, except for the board's final decision, 
21.24 	and shall not make the administrative record available to the public.

21.25 	Sec. 20. Minnesota Statutes 2008, section 147A.18, is amended to read:
21.26 	147A.18 DELEGATED AUTHORITY TO PRESCRIBE, DISPENSE, AND 
21.27 	ADMINISTER DRUGS AND MEDICAL DEVICES.
21.28 		Subdivision 1.Delegation. (a) A supervising physician may delegate to a 
21.29 	physician assistant who is registered with licensed by the board, certified by the National 
21.30 	Commission on Certification of Physician Assistants or successor agency approved by the 
21.31 	board, and who is under the supervising physician's supervision, the authority to prescribe, 
21.32 	dispense, and administer legend drugs, medical devices, and controlled substances, and 
21.33 	medical devices subject to the requirements in this section. The authority to dispense 
21.34 	includes, but is not limited to, the authority to request, receive, and dispense sample drugs. 
22.1 	This authority to dispense extends only to those drugs described in the written agreement 
22.2 	developed under paragraph (b).
22.3 	(b) The delegation agreement between the physician assistant and supervising 
22.4 	physician and any alternate supervising physicians must include a statement by the 
22.5 	supervising physician regarding delegation or nondelegation of the functions of 
22.6 	prescribing, dispensing, and administering of legend drugs, controlled substances,  and 
22.7 	medical devices to the physician assistant. The statement must include a protocol 
22.8 	indicating categories of drugs for which the supervising physician delegates prescriptive 
22.9 	and dispensing authority including controlled substances when applicable. The delegation 
22.10 	must be appropriate to the physician assistant's practice and within the scope of the 
22.11 	physician assistant's training. Physician assistants who have been delegated the authority 
22.12 	to prescribe, dispense, and administer legend drugs, controlled substances, and medical 
22.13 	devices shall provide evidence of current certification by the National Commission 
22.14 	on Certification of Physician Assistants or its successor agency when registering or 
22.15 	reregistering applying for licensure or license renewal as physician assistants. Physician 
22.16 	assistants who have been delegated the authority to prescribe controlled substances must 
22.17 	present evidence of the certification andalso hold a valid DEA certificate registration. 
22.18 	Supervising physicians shall retrospectively review the prescribing, dispensing, and 
22.19 	administering of legend and controlled drugs, controlled substances, and medical devices 
22.20 	by physician assistants, when this authority has been delegated to the physician assistant as 
22.21 	part of the physician-physician assistant delegation agreement between the physician and 
22.22 	the physician assistant. This review must take place as outlined in the internal protocol. 
22.23 	The process and schedule for the review must be outlined in the physician-physician 
22.24 	assistant delegation agreement.
22.25 	(c) The board may establish by rule:
22.26 	(1) a system of identifying physician assistants eligible to prescribe, administer, and 
22.27 	dispense legend drugs and medical devices;
22.28 	(2) a system of identifying physician assistants eligible to prescribe, administer, and 
22.29 	dispense controlled substances;
22.30 	(3) a method of determining the categories of legend and controlled drugs, controlled 
22.31 	substances, and medical devices that each physician assistant is allowed to prescribe, 
22.32 	administer, and dispense; and
22.33 	(4) a system of transmitting to pharmacies a listing of physician assistants eligible to 
22.34 	prescribe legend and controlled drugs, controlled substances, and medical devices.
23.1 		Subd. 2.Termination and reinstatement of prescribing authority. (a) The 
23.2 	authority of a physician assistant to prescribe, dispense, and administer legend drugs, 
23.3 	controlled substances, and medical devices shall end immediately when:
23.4 	(1) the physician-physician assistant delegation agreement is terminated;
23.5 	(2) the authority to prescribe, dispense, and administer is terminated or withdrawn 
23.6 	by the supervising physician; or
23.7 	(3) the physician assistant reverts toassistant's license is placed on  inactive status, 
23.8 	loses National Commission on Certification of Physician Assistants or successor agency 
23.9 	certification, or loses or terminates registration status;
23.10 	(4) the physician assistant loses National Commission on Certification of Physician 
23.11 	Assistants or successor agency certification; or
23.12 	(5) the physician assistant loses or terminates licensure status.
23.13 	(b) The physician assistant must notify the board in writing within ten days of the 
23.14 	occurrence of any of the circumstances listed in paragraph (a).
23.15 	(c) Physician assistants whose authority to prescribe, dispense, and administer 
23.16 	has been terminated shall reapply for reinstatement of prescribing authority under this 
23.17 	section and meet any requirements established by the board prior to reinstatement of the 
23.18 	prescribing, dispensing, and administering authority.
23.19 		Subd. 3.Other requirements and restrictions. (a) The supervising physician and 
23.20 	the physician assistant must complete, sign, and date an internal protocol which lists each 
23.21 	category of drug or medical device, or controlled substance the physician assistant may 
23.22 	prescribe, dispense, and administer. The supervising physician and physician assistant 
23.23 	shall submit the internal protocol to the board upon request. The supervising physician 
23.24 	may amend the internal protocol as necessary, within the limits of the completed delegation 
23.25 	form in subdivision 5. The supervising physician and physician assistant must sign and 
23.26 	date any amendments to the internal protocol. Any amendments resulting in a change to 
23.27 	an addition or deletion to categories delegated in the delegation form in subdivision 5 must 
23.28 	be submitted to the board according to this chapter, along with the fee required.
23.29 	(b) The supervising physician and physician assistant shall review delegation of 
23.30 	prescribing, dispensing, and administering authority on an annual basis at the time of 
23.31 	reregistration. The internal protocol must be signed and dated by the supervising physician 
23.32 	and physician assistant after review. Any amendments to the internal protocol resulting in 
23.33 	changes to the delegation form in subdivision 5 must be submitted to the board according 
23.34 	to this chapter, along with the fee required.
23.35 	(c)(a) Each prescription initiated by a physician assistant shall indicate the 
23.36 	following:
24.1 	(1) the date of issue;
24.2 	(2) the name and address of the patient;
24.3 	(3) the name and quantity of the drug prescribed;
24.4 	(4) directions for use; and
24.5 	(5) the name and address of the prescribing physician assistant.
24.6 	(d) (b) In prescribing, dispensing, and administering legend drugs, controlled 
24.7 	substances, and medical devices, including controlled substances as defined in section 
24.8 	152.01, subdivision 4, a physician assistant must conform with the agreement, chapter 
24.9 	151, and this chapter.
24.10 		Subd. 4.Notification of pharmacies. (a) The board shall annually provide to the 
24.11 	Board of Pharmacy and to registered pharmacies within the state a list of those physician 
24.12 	assistants who are authorized to prescribe, administer, and dispense legend drugs and 
24.13 	medical devices, or controlled substances.
24.14 	(b) The board shall provide to the Board of Pharmacy a list of physician assistants 
24.15 	authorized to prescribe legend drugs and medical devices every two months if additional 
24.16 	physician assistants are authorized to prescribe or if physician assistants have authorization 
24.17 	to prescribe withdrawn.
24.18 	(c) The list must include the name, address, telephone number, and Minnesota 
24.19 	registration number of the physician assistant, and the name, address, telephone number, 
24.20 	and Minnesota license number of the supervising physician.
24.21 	(d) The board shall provide the form in subdivision 5 to pharmacies upon request.
24.22 	(e) The board shall make available prototype forms of the physician-physician 
24.23 	assistant agreement, the internal protocol, the delegation form, and the addendum form.
24.24 		Subd. 5.Delegation form for physician assistant prescribing. The delegation 
24.25 	form for physician assistant prescribing must contain a listing by drug category of the 
24.26 	legend drugs and controlled substances for which prescribing authority has been delegated 
24.27 	to the physician assistant.

24.28 	Sec. 21. Minnesota Statutes 2008, section 147A.19, is amended to read:
24.29 	147A.19 IDENTIFICATION REQUIREMENTS.
24.30 	Physician assistants registered licensed under this chapter shall keep their 
24.31 	registration license available for inspection at their primary place of business and shall, 
24.32 	when engaged in their professional activities, wear a name tag identifying themselves as 
24.33 	a "physician assistant."

25.1 	Sec. 22. Minnesota Statutes 2008, section 147A.20, is amended to read:
25.2 	147A.20 PHYSICIAN AND PHYSICIAN PHYSICIAN-PHYSICIAN
25.3 	ASSISTANT AGREEMENT DOCUMENTS.
25.4 		Subdivision 1.Physician-physician assistant delegation agreement. (a) A 
25.5 	physician assistant and supervising physician must sign an a physician-physician assistant 
25.6 	delegation agreement which specifies scope of practice and amount and manner of 
25.7 	supervision as required by the board. The agreement must contain:
25.8 	(1) a description of the practice setting;
25.9 	(2) a statement of practice type/specialty;
25.10 	(3) a listing of categories of delegated duties;
25.11 	(4) (3) a description of supervision type, amount, and frequency; and
25.12 	(5) (4) a description of the process and schedule for review of prescribing, 
25.13 	dispensing, and administering legend and controlled drugs and medical devices by the 
25.14 	physician assistant authorized to prescribe.
25.15 	(b) The agreement must be maintained by the supervising physician and physician 
25.16 	assistant and made available to the board upon request. If there is a delegation of 
25.17 	prescribing, administering, and dispensing of legend drugs, controlled substances, and 
25.18 	medical devices, the agreement shall include an internal protocol and delegation form a 
25.19 	description of the prescriptive authority delegated to the physician assistant. Physician 
25.20 	assistants shall have a separate agreement for each place of employment. Agreements 
25.21 	must be reviewed and updated on an annual basis. The supervising physician and 
25.22 	physician assistant must maintain the physician-physician assistant delegation agreement, 
25.23 	delegation form, and internal protocol at the address of record. Copies shall be provided to 
25.24 	the board upon request.
25.25 	(c) Physician assistants must provide written notification to the board within 30 
25.26 	days of the following:
25.27 	(1) name change;
25.28 	(2) address of record change; and
25.29 	(3) telephone number of record change; and
25.30 	(4) addition or deletion of alternate supervising physician provided that the 
25.31 	information submitted includes, for an additional alternate physician, an affidavit of 
25.32 	consent to act as an alternate supervising physician signed by the alternate supervising 
25.33 	physician.
25.34 	(d) Modifications requiring submission prior to the effective date are changes to the 
25.35 	practice setting description which include:
25.36 	(1) supervising physician change, excluding alternate supervising physicians; or
26.1 	(2) delegation of prescribing, administering, or dispensing of legend drugs, 
26.2 	controlled substances, or medical devices.
26.3 	(e) The agreement must be completed and the practice setting description submitted 
26.4 	to the board before providing medical care as a physician assistant.
26.5 	(d) Any alternate supervising physicians must be identified in the physician-physician 
26.6 	assistant delegation agreement, or a supplemental listing, and must sign the agreement 
26.7 	attesting that they shall provide the physician assistant with supervision in compliance 
26.8 	with this chapter, the delegation agreement, and board rules.
26.9 		Subd. 2.Notification of intent to practice. A licensed physician assistant shall 
26.10 	submit a notification of intent to practice to the board prior to beginning practice. The 
26.11 	notification shall include the name, business address, and telephone number of the 
26.12 	supervising physician and the physician assistant. Individuals who practice without 
26.13 	submitting a notification of intent to practice shall be subject to disciplinary action under 
26.14 	section 147A.13 for practicing without a license, unless the care is provided in response to 
26.15 	a disaster or emergency situation pursuant to section 147A.23.

26.16 	Sec. 23. Minnesota Statutes 2008, section 147A.21, is amended to read:
26.17 	147A.21 RULEMAKING AUTHORITY.
26.18 	The board shall adopt rules:
26.19 	(1) setting registration license fees;
26.20 	(2) setting renewal fees;
26.21 	(3) setting fees for locum tenens permits;
26.22 	(4) setting fees for temporary registration licenses; and
26.23 	(5) (4) establishing renewal dates.

26.24 	Sec. 24. Minnesota Statutes 2008, section 147A.23, is amended to read:
26.25 	147A.23 RESPONDING TO DISASTER SITUATIONS.
26.26 	(a) A registered physician assistant or a physician assistant duly licensed or 
26.27 	credentialed in a United States jurisdiction or by a federal employer who is responding 
26.28 	to a need for medical care created by an emergency according to section 604A.01, or a 
26.29 	state or local disaster may render such care as the physician assistant is able trained to 
26.30 	provide, under the physician assistant's license, registration, or credential, without the 
26.31 	need of a physician and physician physician-physician assistant delegation agreement or 
26.32 	a notice of intent to practice as required under section 147A.20. Physician supervision, 
26.33 	as required under section 147A.09, must be provided under the direction of a physician 
26.34 	licensed under chapter 147 who is involved with the disaster response. The physician 
27.1 	assistant must establish a temporary supervisory agreement with the physician providing 
27.2 	supervision before rendering care.A physician assistant may provide emergency care 
27.3 	without physician supervision or under the supervision that is available.
27.4 	(b) The physician who provides supervision to a physician assistant while the 
27.5 	physician assistant is rendering care in a disaster in accordance with this section may do 
27.6 	so without meeting the requirements of section 147A.20.  
27.7 	(c) The supervising physician who otherwise provides supervision to a physician 
27.8 	assistant under a physician and physician physician-physician assistant delegation
27.9 	agreement described in section 147A.20 shall not be held medically responsible for the 
27.10 	care rendered by a physician assistant pursuant to paragraph (a). Services provided by 
27.11 	a physician assistant under paragraph (a) shall be considered outside the scope of the 
27.12 	relationship between the supervising physician and the physician assistant.  

27.13 	Sec. 25. Minnesota Statutes 2008, section 147A.24, is amended to read:
27.14 	147A.24 CONTINUING EDUCATION REQUIREMENTS.
27.15 		Subdivision 1.Amount of education required. Applicants for registration license
27.16 	renewal or reregistration must either attest to and document meet standards for continuing 
27.17 	education through current certification by the National Commission on Certification 
27.18 	of Physician Assistants, or its successor agency as approved by the board, or provide 
27.19 	evidence of successful completion of at least 50 contact hours of continuing education 
27.20 	within the two years immediately preceding registration license renewal, reregistration, 
27.21 	or attest to and document taking the national certifying examination required by this 
27.22 	chapter within the past two years.
27.23 		Subd. 2.Type of education required. Approved Continuing education is approved 
27.24 	if it is equivalent to category 1 credit hours as defined by the American Osteopathic 
27.25 	Association Bureau of Professional Education, the Royal College of Physicians and 
27.26 	Surgeons of Canada, the American Academy of Physician Assistants, or by organizations 
27.27 	that have reciprocal arrangements with the physician recognition award program of the 
27.28 	American Medical Association.

27.29 	Sec. 26. Minnesota Statutes 2008, section 147A.26, is amended to read:
27.30 	147A.26 PROCEDURES.
27.31 	The board shall establish, in writing, internal operating procedures for receiving and 
27.32 	investigating complaints, accepting and processing applications, granting registrations
27.33 	licenses, and imposing enforcement actions. The written internal operating procedures 
27.34 	may include procedures for sharing complaint information with government agencies in 
28.1 	this and other states. Procedures for sharing complaint information must be consistent 
28.2 	with the requirements for handling government data under chapter 13.

28.3 	Sec. 27. Minnesota Statutes 2008, section 147A.27, is amended to read:
28.4 	147A.27 PHYSICIAN ASSISTANT ADVISORY COUNCIL.
28.5 		Subdivision 1.Membership. (a) The Physician Assistant Advisory Council is 
28.6 	created and is composed of seven persons appointed by the board. The seven persons 
28.7 	must include:
28.8 	(1) two public members, as defined in section 214.02;  
28.9 	(2) three physician assistants registered licensed under this chapter who meet the 
28.10 	criteria for a new applicant under section 147A.02; and
28.11 	(3) two licensed physicians with experience supervising physician assistants.
28.12 	(b) No member shall serve more than a total of two consecutive  terms. If a member 
28.13 	is appointed for a partial term and serves more than half of that term it shall be considered 
28.14 	a full term. Members serving on the council as of July 1, 2000, shall be allowed to 
28.15 	complete their current terms.
28.16 		Subd. 2.Organization. The council shall be organized and administered under 
28.17 	section 15.059.
28.18 		Subd. 3.Duties. The council shall advise the board regarding:
28.19 	(1) physician assistant registration licensure standards;
28.20 	(2) enforcement of grounds for discipline;
28.21 	(3) distribution of information regarding physician assistant registration licensure
28.22 	standards;
28.23 	(4) applications and recommendations of applicants for registration licensure or 
28.24 	registration license renewal; and
28.25 	(5) complaints and recommendations to the board regarding disciplinary matters and 
28.26 	proceedings concerning applicants and registrants licensees according to sections 214.10; 
28.27 	214.103; and 214.13, subdivisions 6 and 7; and
28.28 	(6) issues related to physician assistant practice and regulation.  
28.29 	The council shall perform other duties authorized for the council by chapter 214 
28.30 	as directed by the board.

28.31 	Sec. 28. Minnesota Statutes 2008, section 150A.01, subdivision 8, is amended to read:
28.32 		Subd. 8.Registered Licensed dental assistant. "Registered Licensed dental 
28.33 	assistant" means a person registered licensed pursuant to section 150A.06.

29.1 	Sec. 29. Minnesota Statutes 2008, section 150A.02, subdivision 1, is amended to read:
29.2 		Subdivision 1.Generally. There is hereby created a Board of Dentistry whose duty 
29.3 	it shall be to carry out the purposes and enforce the provisions of sections 150A.01 to 
29.4 	150A.12. The board shall consist of two public members as defined by section 214.02, 
29.5 	five qualified resident dentists, one qualified resident registered licensed dental assistant, 
29.6 	and one qualified resident dental hygienist appointed by the governor. Membership terms, 
29.7 	compensation of members, removal of members, the filling of membership vacancies, and 
29.8 	fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09. 
29.9 	The provision of staff, administrative services and office space; the review and processing 
29.10 	of board complaints; the setting of board fees; and other provisions relating to board 
29.11 	operations shall be as provided in chapter 214. Each board member who is a dentist, 
29.12 	registered licensed dental assistant, or dental hygienist shall have been lawfully in active 
29.13 	practice in this state for five years immediately preceding appointment; and no board 
29.14 	member shall be eligible for appointment to more than two consecutive four-year terms, 
29.15 	and members serving on the board at the time of the enactment hereof shall be eligible 
29.16 	to reappointment provided they shall not have served more than nine consecutive years 
29.17 	at the expiration of the term to which they are to be appointed. At least 90 days prior to 
29.18 	the expiration of the terms of dentists, registered licensed dental assistants, or dental 
29.19 	hygienists, the Minnesota Dental Association, Minnesota Dental Assistants Association, 
29.20 	or the Minnesota State Dental Hygiene Association shall recommend to the governor for 
29.21 	each term expiring not less than two dentists, two registered licensed dental assistants, 
29.22 	or two dental hygienists, respectively, who are qualified to serve on the board, and from 
29.23 	the list so recommended the governor may appoint members to the board for the term of 
29.24 	four years, the appointments to be made within 30 days after the expiration of the terms. 
29.25 	Within 60 days after the occurrence of a dentist, registered licensed dental assistant or 
29.26 	dental hygienist vacancy, prior to the expiration of the term, in the board, the Minnesota 
29.27 	Dental Association, the Minnesota Dental Assistants Association, or the Minnesota State 
29.28 	Dental Hygiene Association shall recommend to the governor not less than two dentists, 
29.29 	two registered licensed dental assistants, or two dental hygienists, who are qualified to 
29.30 	serve on the board and from the list so recommended the governor, within 30 days after 
29.31 	receiving such list of dentists, may appoint one member to the board for the unexpired 
29.32 	term occasioned by such vacancy. Any appointment to fill a vacancy shall be made 
29.33 	within 90 days after the occurrence of such vacancy. The first four-year term of the 
29.34 	dental hygienist and of the registered licensed dental assistant shall commence on the 
29.35 	first Monday in January, 1977.

30.1 	Sec. 30. Minnesota Statutes 2008, section 150A.05, subdivision 1, is amended to read:
30.2 		Subdivision 1.Practice of dentistry. A person shall be deemed to be practicing 
30.3 	dentistry within the meaning of sections 150A.01 to 150A.12:
30.4 	(1) who uses a dental degree, or designation, or card, device, directory, sign, or other 
30.5 	media whereby the person represents an ability to diagnose, treat, prescribe, or operate for 
30.6 	any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, 
30.7 	teeth, alveolar process, gums or jaw, or adjacent or associated structures;
30.8 	(2) who is a manager, proprietor, operator or conductor of a place where dental 
30.9 	operations are performed;
30.10 	(3) who performs dental operations of any kind gratuitously, or for a fee, gift, 
30.11 	compensation or reward, paid or to be paid, to any person or agency;
30.12 	(4) who uses a roentgen or X-ray machine for dental treatment, roentgenograms or 
30.13 	for dental diagnostic purposes;
30.14 	(5) who extracts a human tooth or teeth, or corrects or attempts to correct 
30.15 	malpositions of the human teeth or jaws;
30.16 	(6) who offers and undertakes, by any means or method, to diagnose, treat or remove 
30.17 	stains or accretions from human teeth or jaws;
30.18 	(7) who takes impressions of the human tooth, teeth, or jaws or performs any phase 
30.19 	of any operation incident to the replacement of a part of a tooth, a tooth, teeth or associated 
30.20 	tissues by means of a filling, a crown, a bridge, a denture or other appliance;
30.21 	(8) who furnishes, supplies, constructs, reproduces, repairs, or offers to furnish, 
30.22 	supply, construct, reproduce or repair prosthetic dentures or plates, bridges or other 
30.23 	substitutes for natural teeth, to the user or prospective user thereof; or
30.24 	(9) who performs any clinical operation included in the curricula of recognized 
30.25 	dental schools and colleges.; or
30.26 	(10) who dispenses tooth whitening agents or undertakes to whiten or bleach teeth 
30.27 	by any means or method, unless the person is:
30.28 	(i) dispensing or using a product that may be purchased over the counter for a 
30.29 	person's own use; or
30.30 	(ii) authorized by the regulations of the board to engage in such activities without 
30.31 	being a licensed dentist.

30.32 	Sec. 31. Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
30.33 		Subd. 2.Exemptions and exceptions of certain practices and operations.
 30.34 	Sections 150A.01 to 150A.12 do not apply to:
31.1 	(1) the practice of dentistry or dental hygiene in any branch of the armed services of 
31.2 	the United States, the United States Public Health Service, or the United States Veterans 
31.3 	Administration;
31.4 	(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate 
31.5 	dental students, dental hygiene students, and dental assisting students of the University 
31.6 	of Minnesota, schools of dental hygiene, or schools of dental assisting approved by the 
31.7 	board, when acting under the direction and indirect supervision of a Minnesota licensed 
31.8 	dentist or a and under the instruction of a licensed dentist, licensed dental hygienist acting 
31.9 	as an instructor, or licensed dental assistant;
31.10 	(3) the practice of dentistry by licensed dentists of other states or countries while 
31.11 	appearing as clinicians under the auspices of a duly approved dental school or college, or a 
31.12 	reputable dental society, or a reputable dental study club composed of dentists;
31.13 	(4) the actions of persons while they are taking examinations for licensure 
31.14 	or registration administered or approved by the board pursuant to sections 150A.03, 
31.15 	subdivision 1, and 150A.06, subdivisions 1, 2, and 2a;
31.16 	(5) the practice of dentistry by dentists and dental hygienists licensed by other states 
31.17 	during their functioning as examiners responsible for conducting licensure or registration
31.18 	examinations administered by regional and national testing agencies with whom the 
31.19 	board is authorized to affiliate and participate under section 150A.03, subdivision 1, 
31.20 	and the practice of dentistry by the regional and national testing agencies during their 
31.21 	administering examinations pursuant to section 150A.03, subdivision 1;
31.22 	(6) the use of X-rays or other diagnostic imaging modalities for making radiographs 
31.23 	or other similar records in a hospital under the supervision of a physician or dentist or 
31.24 	by a person who is credentialed to use diagnostic imaging modalities or X-ray machines 
31.25 	for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing 
31.26 	agency other than the Board of Dentistry; or
31.27 	(7) the service, other than service performed directly upon the person of a patient, of 
31.28 	constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge, 
31.29 	splint, orthodontic, prosthetic, or other dental appliance, when performed according 
31.30 	to a written work order from a licensed dentist in accordance with section 150A.10, 
31.31 	subdivision 3.

31.32 	Sec. 32. Minnesota Statutes 2008, section 150A.06, subdivision 2a, is amended to read:
31.33 		Subd. 2a.Registered Licensed dental assistant. A person of good moral character, 
31.34 	who has graduated from a dental assisting program accredited by the Commission on 
31.35 	Dental Accreditation of the American Dental Association, may apply for registration
32.1 	licensure. The applicant must submit an application and fee as prescribed by the board 
32.2 	and the diploma or certificate of dental assisting. In the case of examinations conducted 
32.3 	pursuant to section 150A.03, subdivision 1, applicants shall take the examination before 
32.4 	applying to the board for registration licensure. The examination shall include an 
32.5 	examination of the applicant's knowledge of the laws of Minnesota relating to dentistry 
32.6 	and the rules of the board. An applicant is ineligible to retake the registration licensure
32.7 	examination required by the board after failing it twice until further education and training 
32.8 	are obtained as specified by board rule. A separate, nonrefundable fee may be charged for 
32.9 	each time a person applies. An applicant who passes the examination in compliance with 
32.10 	subdivision 2b, abides by professional ethical conduct requirements, and meets all the 
32.11 	other requirements of the board shall be registered licensed as a dental assistant.

32.12 	Sec. 33. Minnesota Statutes 2008, section 150A.06, subdivision 2b, is amended to read:
32.13 		Subd. 2b.Examination. When the Board of Dentistry administers the examination 
32.14 	for licensure or registration, only those board members or board-appointed deputy 
32.15 	examiners qualified for the particular examination may administer it. An examination 
32.16 	which the board requires as a condition of licensure or registration must have been taken 
32.17 	within the five years before the board receives the application for licensure or registration.

32.18 	Sec. 34. Minnesota Statutes 2008, section 150A.06, subdivision 2c, is amended to read:
32.19 		Subd. 2c.Guest license or registration. (a) The board shall grant a guest license to 
32.20 	practice as a dentist or, dental hygienist, or a guest registration to practice as alicensed 
32.21 	dental assistant if the following conditions are met:
32.22 	(1) the dentist, dental hygienist, or dental assistant is currently licensed or registered
32.23 	in good standing in North Dakota, South Dakota, Iowa, or Wisconsin;
32.24 	(2) the dentist, dental hygienist, or dental assistant is currently engaged in the practice 
32.25 	of that person's respective profession in North Dakota, South Dakota, Iowa, or Wisconsin;
32.26 	(3) the dentist, dental hygienist, or dental assistant will limit that person's practice to 
32.27 	a public health setting in Minnesota that (i) is approved by the board; (ii) was established 
32.28 	by a nonprofit organization that is tax exempt under chapter 501(c)(3) of the Internal 
32.29 	Revenue Code of 1986; and (iii) provides dental care to patients who have difficulty 
32.30 	accessing dental care;
32.31 	(4) the dentist, dental hygienist, or dental assistant agrees to treat indigent patients 
32.32 	who meet the eligibility criteria established by the clinic; and
33.1 	(5) the dentist, dental hygienist, or dental assistant has applied to the board for a 
33.2 	guest license or registration and has paid a nonrefundable license fee to the board not 
33.3 	to exceed $75.
33.4 	(b) A guest license or registration must be renewed annually with the board and an 
33.5 	annual renewal fee not to exceed $75 must be paid to the board.
33.6 	(c) A dentist, dental hygienist, or dental assistant practicing under a guest license 
33.7 	or registration under this subdivision shall have the same obligations as a dentist, dental 
33.8 	hygienist, or dental assistant who is licensed in Minnesota and shall be subject to the laws 
33.9 	and rules of Minnesota and the regulatory authority of the board. If the board suspends 
33.10 	or revokes the guest license or registration of, or otherwise disciplines, a dentist, dental 
33.11 	hygienist, or dental assistant practicing under this subdivision, the board shall promptly 
33.12 	report such disciplinary action to the dentist's, dental hygienist's, or dental assistant's 
33.13 	regulatory board in the border state.

33.14 	Sec. 35. Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
33.15 		Subd. 2d.Continuing education and professional development waiver. (a) The 
33.16 	board shall grant a waiver to the continuing education requirements under this chapter 
33.17 	for a licensed dentist, licensed dental hygienist, or registered licensed dental assistant 
33.18 	who documents to the satisfaction of the board that the dentist, dental hygienist, or 
33.19 	registered licensed dental assistant has retired from active practice in the state and limits 
33.20 	the provision of dental care services to those offered without compensation in a public 
33.21 	health, community, or tribal clinic or a nonprofit organization that provides services to 
33.22 	the indigent or to recipients of medical assistance, general assistance medical care, or 
33.23 	MinnesotaCare programs.
33.24 	(b) The board may require written documentation from the volunteer and retired 
33.25 	dentist, dental hygienist, or registered licensed dental assistant prior to granting this waiver.
33.26 	(c) The board shall require the volunteer and retired dentist, dental hygienist, or 
33.27 	registered licensed dental assistant to meet the following requirements:
33.28 	(1) a licensee or registrant seeking a waiver under this subdivision must complete 
33.29 	and document at least five hours of approved courses in infection control, medical 
33.30 	emergencies, and medical management for the continuing education cycle; and
33.31 	(2) provide documentation of certification in advanced or basic cardiac life 
33.32 	support recognized bycurrent CPR certification from completion of the American Heart 
33.33 	Association healthcare provider course, the American Red Cross professional rescuer 
33.34 	course, or an equivalent entity.

34.1 	Sec. 36. Minnesota Statutes 2008, section 150A.06, subdivision 4a, is amended to read:
34.2 		Subd. 4a.Appeal of denial of application. A person whose application for 
34.3 	licensure or registration by credentials has been denied may appeal the decision to the 
34.4 	board. The board shall establish an appeals process and inform a denied candidate of the 
34.5 	right to appeal and the process for filing the appeal.

34.6 	Sec. 37. Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
34.7 		Subd. 5.Fraud in securing licenses or registrations. Every person implicated 
34.8 	in employing fraud or deception in applying for or securing a license or registration to 
34.9 	practice dentistry, dental hygiene, or dental assisting or in annually renewing a license 
34.10 	or registration under sections 150A.01 to 150A.12 is guilty of a gross misdemeanor.

34.11 	Sec. 38. Minnesota Statutes 2008, section 150A.06, subdivision 7, is amended to read:
34.12 		Subd. 7.Additional remedies for licensure and registration. On a case-by-case 
34.13 	basis, for initial or renewal of licensure or registration, the board may add additional 
34.14 	remedies for deficiencies found based on the applicant's performance, character, and 
34.15 	education.

34.16 	Sec. 39. Minnesota Statutes 2008, section 150A.06, subdivision 8, is amended to read:
34.17 		Subd. 8.Registration Licensure by credentials. (a) Any dental assistant may, upon 
34.18 	application and payment of a fee established by the board, apply for registration licensure
34.19 	based on an evaluation of the applicant's education, experience, and performance record in 
34.20 	lieu of completing a board-approved dental assisting program for expanded functions as 
34.21 	defined in rule, and may be interviewed by the board to determine if the applicant:
34.22 	(1) has graduated from an accredited dental assisting program accredited by the 
34.23 	Commission of Dental Accreditation of the American Dental Association, or is currently 
34.24 	certified by the Dental Assisting National Board;
34.25 	(2) is not subject to any pending or final disciplinary action in another state or 
34.26 	Canadian province, or if not currently certified or registered, previously had a certification 
34.27 	or registration in another state or Canadian province in good standing that was not subject 
34.28 	to any final or pending disciplinary action at the time of surrender;
34.29 	(3) is of good moral character and abides by professional ethical conduct 
34.30 	requirements;
34.31 	(4) at board discretion, has passed a board-approved English proficiency test if 
34.32 	English is not the applicant's primary language; and
35.1 	(5) has met all expanded functions curriculum equivalency requirements of a 
35.2 	Minnesota board-approved dental assisting program.
35.3 	(b) The board, at its discretion, may waive specific registration licensure
35.4 	requirements in paragraph (a).
35.5 	(c) An applicant who fulfills the conditions of this subdivision and demonstrates 
35.6 	the minimum knowledge in dental subjects required for registration licensure under 
35.7 	subdivision 2a must be registered licensed to practice the applicant's profession.
35.8 	(d) If the applicant does not demonstrate the minimum knowledge in dental subjects 
35.9 	required for registration licensure under subdivision 2a, the application must be denied. 
35.10 	If registration licensure is denied, the board may notify the applicant of any specific 
35.11 	remedy that the applicant could take which, when passed, would qualify the applicant 
35.12 	for registration licensure. A denial does not prohibit the applicant from applying for 
35.13 	registration licensure under subdivision 2a.
35.14 	(e) A candidate whose application has been denied may appeal the decision to the 
35.15 	board according to subdivision 4a.

35.16 	Sec. 40. Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:
35.17 		Subdivision 1.Grounds. The board may refuse or by order suspend or revoke, limit 
35.18 	or modify by imposing conditions it deems necessary, any license to practice dentistry 
35.19 	or, dental hygiene, or the registration of any dental assistant assisting upon any of the 
35.20 	following grounds:
35.21 	(1) fraud or deception in connection with the practice of dentistry or the securing of 
35.22 	a license or registration certificate;
35.23 	(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no 
35.24 	contest plea, in any court of a felony or gross misdemeanor reasonably related to the 
35.25 	practice of dentistry as evidenced by a certified copy of the conviction;
35.26 	(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a 
35.27 	no contest plea, in any court of an offense involving moral turpitude as evidenced by a 
35.28 	certified copy of the conviction;
35.29 	(4) habitual overindulgence in the use of intoxicating liquors;
35.30 	(5) improper or unauthorized prescription, dispensing, administering, or personal 
35.31 	or other use of any legend drug as defined in chapter 151, of any chemical as defined in 
35.32 	chapter 151, or of any controlled substance as defined in chapter 152;
35.33 	(6) conduct unbecoming a person licensed to practice dentistry or, dental hygiene,
35.34 	or registered as a dental assistant assisting, or conduct contrary to the best interest of the 
35.35 	public, as such conduct is defined by the rules of the board;
36.1 	(7) gross immorality;
36.2 	(8) any physical, mental, emotional, or other disability which adversely affects a 
36.3 	dentist's, dental hygienist's, or registered dental assistant's ability to perform the service 
36.4 	for which the person is licensed or registered;
36.5 	(9) revocation or suspension of a license, registration, or equivalent authority to 
36.6 	practice, or other disciplinary action or denial of a license or registration application taken 
36.7 	by a licensing, registering, or credentialing authority of another state, territory, or country 
36.8 	as evidenced by a certified copy of the licensing authority's order, if the disciplinary action 
36.9 	or application denial was based on facts that would provide a basis for disciplinary action 
36.10 	under this chapter and if the action was taken only after affording the credentialed person 
36.11 	or applicant notice and opportunity to refute the allegations or pursuant to stipulation 
36.12 	or other agreement;
36.13 	(10) failure to maintain adequate safety and sanitary conditions for a dental office in 
36.14 	accordance with the standards established by the rules of the board;
36.15 	(11) employing, assisting, or enabling in any manner an unlicensed person to 
36.16 	practice dentistry;
36.17 	(12) failure or refusal to attend, testify, and produce records as directed by the board 
36.18 	under subdivision 7;
36.19 	(13) violation of, or failure to comply with, any other provisions of sections 150A.01
36.20 	to 150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the 
36.21 	board, sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any 
36.22 	other just cause related to the practice of dentistry. Suspension, revocation, modification 
36.23 	or limitation of any license shall not be based upon any judgment as to therapeutic or 
36.24 	monetary value of any individual drug prescribed or any individual treatment rendered, 
36.25 	but only upon a repeated pattern of conduct;
36.26 	(14) knowingly providing false or misleading information that is directly related 
36.27 	to the care of that patient unless done for an accepted therapeutic purpose such as the 
36.28 	administration of a placebo; or
36.29 	(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
36.30 	established by any of the following:
36.31 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
36.32 	violation of section 609.215, subdivision 1 or 2;
36.33 	(ii) a copy of the record of a judgment of contempt of court for violating an 
36.34 	injunction issued under section 609.215, subdivision 4;
36.35 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
36.36 	subdivision 5; or
37.1 	(iv) a finding by the board that the person violated section 609.215, subdivision 
37.2 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
37.3 	subdivision 1 or 2.

37.4 	Sec. 41. Minnesota Statutes 2008, section 150A.08, subdivision 3, is amended to read:
37.5 		Subd. 3.Reinstatement. Any licensee or registrant whose license or registration has 
37.6 	been suspended or revoked may have the license or registration reinstated or a new license 
37.7 	or registration issued, as the case may be, when the board deems the action is warranted.

37.8 	Sec. 42. Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
37.9 		Subd. 3a.Costs; additional penalties. (a) The board may impose a civil penalty 
37.10 	not exceeding $10,000 for each separate violation, the amount of the civil penalty to 
37.11 	be fixed so as to deprive a licensee or registrant of any economic advantage gained by 
37.12 	reason of the violation, to discourage similar violations by the licensee or registrant or any 
37.13 	other licensee or registrant, or to reimburse the board for the cost of the investigation and 
37.14 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
37.15 	Administrative Hearings, legal and investigative services provided by the Office of the 
37.16 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
37.17 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
37.18 	staff and board members.
37.19 	(b) In addition to costs and penalties imposed under paragraph (a), the board may 
37.20 	also:
37.21 	(1) order the dentist, dental hygienist, or dental assistant to provide unremunerated 
37.22 	service;
37.23 	(2) censure or reprimand the dentist, dental hygienist, or dental assistant; or
37.24 	(3) any other action as allowed by law and justified by the facts of the case.

37.25 	Sec. 43. Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
37.26 		Subd. 5.Medical examinations. If the board has probable cause to believe that a 
37.27 	dentist, dental hygienist, registered dental assistant, or applicant engages in acts described 
37.28 	in subdivision 1, clause (4) or (5), or has a condition described in subdivision 1, clause (8), 
37.29 	it shall direct the dentist, dental hygienist, assistant, or applicant to submit to a mental 
37.30 	or physical examination or a chemical dependency assessment. For the purpose of this 
37.31 	subdivision, every dentist, hygienist, or dental assistant licensed or registered under 
37.32 	this chapter or person submitting an application for a license or registration is deemed 
37.33 	to have given consent to submit to a mental or physical examination when directed 
38.1 	in writing by the board and to have waived all objections in any proceeding under this 
38.2 	section to the admissibility of the examining physician's testimony or examination reports 
38.3 	on the ground that they constitute a privileged communication. Failure to submit to an 
38.4 	examination without just cause may result in an application being denied or a default and 
38.5 	final order being entered without the taking of testimony or presentation of evidence, 
38.6 	other than evidence which may be submitted by affidavit, that the licensee, registrant, or 
38.7 	applicant did not submit to the examination. A dentist, dental hygienist, registered dental 
38.8 	assistant, or applicant affected under this section shall at reasonable intervals be afforded 
38.9 	an opportunity to demonstrate ability to start or resume the competent practice of dentistry 
38.10 	or perform the duties of a dental hygienist or registered dental assistant with reasonable 
38.11 	skill and safety to patients. In any proceeding under this subdivision, neither the record of 
38.12 	proceedings nor the orders entered by the board is admissible, is subject to subpoena, or 
38.13 	may be used against the dentist, dental hygienist, registered dental assistant, or applicant in 
38.14 	any proceeding not commenced by the board. Information obtained under this subdivision 
38.15 	shall be classified as private pursuant to the Minnesota Government Data Practices Act.

38.16 	Sec. 44. Minnesota Statutes 2008, section 150A.08, subdivision 6, is amended to read:
38.17 		Subd. 6.Medical records. Notwithstanding contrary provisions of sections 13.384
38.18 	and 144.651 or any other statute limiting access to medical or other health data, the 
38.19 	board may obtain medical data and health records of a licensee, registrant, or applicant 
38.20 	without the licensee's, registrant's, or applicant's consent if the information is requested 
38.21 	by the board as part of the process specified in subdivision 5. The medical data may be 
38.22 	requested from a provider, as defined in section 144.291, subdivision 2, paragraph (h), 
38.23 	an insurance company, or a government agency, including the Department of Human 
38.24 	Services. A provider, insurance company, or government agency shall comply with 
38.25 	any written request of the board under this subdivision and shall not be liable in any 
38.26 	action for damages for releasing the data requested by the board if the data are released 
38.27 	pursuant to a written request under this subdivision, unless the information is false and 
38.28 	the provider giving the information knew, or had reason to believe, the information was 
38.29 	false. Information obtained under this subdivision shall be classified as private under the 
38.30 	Minnesota Government Data Practices Act.

38.31 	Sec. 45. Minnesota Statutes 2008, section 150A.08, subdivision 8, is amended to read:
38.32 		Subd. 8.Suspension of license. In addition to any other remedy provided by 
38.33 	law, the board may, through its designated board members pursuant to section 214.10, 
38.34 	subdivision 2, temporarily suspend a license or registration without a hearing if the 
39.1 	board finds that the licensee or registrant has violated a statute or rule which the board is 
39.2 	empowered to enforce and continued practice by the licensee or registrant would create an 
39.3 	imminent risk of harm to others. The suspension shall take effect upon written notice to 
39.4 	the licensee or registrant served by first class mail specifying the statute or rule violated, 
39.5 	and the time, date, and place of the hearing before the board. If the notice is returned by 
39.6 	the post office, the notice shall be effective upon reasonable attempts to locate and serve 
39.7 	the licensee or registrant. Within ten days of service of the notice, the board shall hold a 
39.8 	hearing before its own members on the sole issue of whether there is a reasonable basis to 
39.9 	continue, modify, or lift the suspension. Evidence presented by the board, or licensee, 
39.10 	or registrant, shall be in affidavit form only. The licensee or registrant or counsel of the 
39.11 	licensee or registrant may appear for oral argument. Within five working days after the 
39.12 	hearing, the board shall issue its order and, if the suspension is continued, the board 
39.13 	shall schedule a disciplinary hearing to be held pursuant to the Administrative Procedure 
39.14 	Act within 45 days of issuance of the order. The administrative law judge shall issue a 
39.15 	report within 30 days of the closing of the contested case hearing record. The board 
39.16 	shall issue a final order within 30 days of receiving that report. The board may allow a 
39.17 	person who was licensed by any state to practice dentistry and whose license has been 
39.18 	suspended to practice dentistry under the supervision of a licensed dentist for the purpose 
39.19 	of demonstrating competence and eligibility for reinstatement.

39.20 	Sec. 46. Minnesota Statutes 2008, section 150A.081, is amended to read:
39.21 	150A.081 ACCESS TO MEDICAL DATA.
39.22 		Subdivision 1.Access to data on licensee or registrant. When the board has 
39.23 	probable cause to believe that a licensee's or registrant's condition meets a ground listed in 
39.24 	section 150A.08, subdivision 1, clause (4) or (8), it may, notwithstanding sections 13.384, 
39.25 	144.651, or any other law limiting access to medical data, obtain medical or health records 
39.26 	on the licensee or registrant without the licensee's or registrant's consent. The medical data 
39.27 	may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph 
39.28 	(h), an insurance company, or a government agency. A provider, insurance company, or 
39.29 	government agency shall comply with a written request of the board under this subdivision 
39.30 	and is not liable in any action for damages for releasing the data requested by the board 
39.31 	if the data are released under the written request, unless the information is false and the 
39.32 	entity providing the information knew, or had reason to believe, the information was false. 
39.33 		Subd. 2.Access to data on patients. The board has access to medical records of 
39.34 	a patient treated by a licensee or registrant under review if the patient signs a written 
39.35 	consent permitting access. If the patient has not given consent, the licensee or registrant
40.1 	must delete data from which a patient may be identified before releasing medical records 
40.2 	to the board.
40.3 		Subd. 3.Data classification; release of certain health data not required.
 40.4 	Information obtained under this section is classified as private data on individuals under 
40.5 	chapter 13. Under this section, the commissioner of health is not required to release health 
40.6 	data collected and maintained under section 13.3805, subdivision 2.

40.7 	Sec. 47. Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
40.8 		Subdivision 1.Registration information and procedure. On or before the license 
40.9 	or registration certificate expiration date every licensed dentist, dental hygienist, and 
40.10 	registered dental assistant shall transmit to the executive secretary of the board, pertinent 
40.11 	information required by the board, together with the fee established by the board. At least 
40.12 	30 days before a license or registration certificate expiration date, the board shall send 
40.13 	a written notice stating the amount and due date of the fee and the information to be 
40.14 	provided to every licensed dentist, dental hygienist, and registered dental assistant.

40.15 	Sec. 48. Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
40.16 		Subd. 3.Current address, change of address. Every dentist, dental hygienist, and 
40.17 	registered dental assistant shall maintain with the board a correct and current mailing 
40.18 	address. For dentists engaged in the practice of dentistry, the address shall be that of the 
40.19 	location of the primary dental practice. Within 30 days after changing addresses, every 
40.20 	dentist, dental hygienist, and registered dental assistant shall provide the board written 
40.21 	notice of the new address either personally or by first class mail.

40.22 	Sec. 49. Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
40.23 		Subd. 2.Application fees. Each applicant for licensure or registration shall submit 
40.24 	with a license or registration permit application a nonrefundable fee in the following 
40.25 	amounts in order to administratively process an application:
40.26 	(1) dentist, $140;
40.27 	(2) limited faculty dentist, $140;
40.28 	(3) resident dentist, $55;
40.29 	(4) dental hygienist, $55;
40.30 	(5) registered licensed dental assistant, $35 $55; and
40.31 	(6) dental assistant with a limited registration permit as described in Minnesota 
40.32 	Rules, part 3100.8500, subpart 3, $15.

41.1 	Sec. 50. Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
41.2 		Subd. 3.Initial license or registration permit fees. Along with the application fee, 
41.3 	each of the following licensees or registrants applicants shall submit a separate prorated 
41.4 	initial license or registration permit fee. The prorated initial fee shall be established by the 
41.5 	board based on the number of months of the licensee's or registrant's applicant's initial 
41.6 	term as described in Minnesota Rules, part 3100.1700, subpart 1a, not to exceed the 
41.7 	following monthly fee amounts:
41.8 	(1) dentist, $14 times the number of months of the initial term;
41.9 	(2) dental hygienist, $5 times the number of months of the initial term;
41.10 	(3) registered licensed dental assistant, $3 times the number of months of initial 
41.11 	term; and
41.12 	(4) dental assistant with a limited registration permit as described in Minnesota 
41.13 	Rules, part 3100.8500, subpart 3, $1 times the number of months of the initial term.

41.14 	Sec. 51. Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
41.15 		Subd. 5.Biennial license or registration permit fees. Each of the following 
41.16 	licensees or registrants applicants shall submit with a biennial license or registration permit
41.17 	renewal application a fee as established by the board, not to exceed the following amounts:
41.18 	(1) dentist, $336;
41.19 	(2) dental hygienist, $118;
41.20 	(3) registered licensed dental assistant, $80; and
41.21 	(4) dental assistant with a limited registration permit as described in Minnesota 
41.22 	Rules, part 3100.8500, subpart 3, $24.

41.23 	Sec. 52. Minnesota Statutes 2008, section 150A.091, subdivision 7, is amended to read:
41.24 		Subd. 7.Biennial license or registration permit late fee. Applications for renewal 
41.25 	of any license or registration permit received after the time specified in Minnesota Rules, 
41.26 	part 3100.1700, must be assessed a late fee equal to 25 percent of the biennial renewal fee.

41.27 	Sec. 53. Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
41.28 		Subd. 8.Duplicate license or registration certificate fee. Each licensee or 
41.29 	registrant applicant shall submit, with a request for issuance of a duplicate of the original 
41.30 	license or registration, or of an annual or biennial renewal of it certificate for a license 
41.31 	or permit, a fee in the following amounts:
41.32 	(1) original dentist or, dental hygiene, or dental assistant license, $35; and
42.1 	(2) initial and renewal registration certificates and license annual or biennial renewal 
42.2 	certificates, $10.

42.3 	Sec. 54. Minnesota Statutes 2008, section 150A.091, subdivision 9, is amended to read:
42.4 		Subd. 9.Licensure and registration by credentials. Each applicant for licensure 
42.5 	as a dentist or, dental hygienist, or for registration as a registered dental assistant by 
42.6 	credentials pursuant to section 150A.06, subdivisions 4 and 8, and Minnesota Rules, part 
42.7 	3100.1400, shall submit with the license or registration application a fee in the following 
42.8 	amounts:
42.9 	(1) dentist, $725;
42.10 	(2) dental hygienist, $175; and
42.11 	(3) registered dental assistant, $35.

42.12 	Sec. 55. Minnesota Statutes 2008, section 150A.091, is amended by adding a 
42.13 	subdivision to read:
42.14 		Subd. 9a.Credential review; nonaccredited dental institution. Applicants who 
42.15 	have graduated from a nonaccredited dental college desiring licensure as a dentist pursuant 
42.16 	to section 150A.06, subdivision 1, shall submit an application for credential review and an 
42.17 	application fee not to exceed the amount of $200.

42.18 	Sec. 56. Minnesota Statutes 2008, section 150A.091, is amended by adding a 
42.19 	subdivision to read:
42.20 		Subd. 9b.Limited general license. Each applicant for licensure as a limited general 
42.21 	dentist pursuant to section 150A.06, subdivision 9, shall submit the applicable fees 
42.22 	established by the board not to exceed the following amounts:
42.23 	(1) initial limited general license application, $140;
42.24 	(2) annual limited general license renewal application, $155; and
42.25 	(3) late fee assessment for renewal application equal to 50 percent of the annual 
42.26 	limited general license renewal fee.

42.27 	Sec. 57. Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to 
42.28 	read:
42.29 		Subd. 10.Reinstatement fee. No dentist, dental hygienist, or registered dental 
42.30 	assistant whose license or registration has been suspended or revoked may have the 
42.31 	license or registration reinstated or a new license or registration issued until a fee has been 
42.32 	submitted to the board in the following amounts:
43.1 	(1) dentist, $140;
43.2 	(2) dental hygienist, $55; and
43.3 	(3) registered dental assistant, $35.

43.4 	Sec. 58. Minnesota Statutes 2008, section 150A.091, subdivision 11, is amended to 
43.5 	read:
43.6 		Subd. 11.Certificate application fee for anesthesia/sedation. Each dentist 
43.7 	shall submit with a general anesthesia or conscious moderate sedation application or a 
43.8 	contracted sedation provider application a fee as established by the board not to exceed 
43.9 	the following amounts:
43.10 	(1) for both a general anesthesia and conscious moderate sedation application, $50
43.11 	$250;
43.12 	(2) for a general anesthesia application only, $50 $250; and
43.13 	(3) for a conscious moderate sedation application only, $50. $250; and
43.14 	(4) for a contracted sedation provider application, $250.

43.15 	Sec. 59. Minnesota Statutes 2008, section 150A.091, is amended by adding a 
43.16 	subdivision to read:
43.17 		Subd. 11a.Certificate for anesthesia/sedation late fee. Applications for renewal 
43.18 	of a general anesthesia or moderate sedation certificate or a contracted sedation provider 
43.19 	certificate received after the time specified in Minnesota Rules, part 3100.3600, subparts 
43.20 	9 and 9b, must be assessed a late fee equal to 50 percent of the biennial renewal fee for 
43.21 	an anesthesia/sedation certificate.

43.22 	Sec. 60. Minnesota Statutes 2008, section 150A.091, is amended by adding a 
43.23 	subdivision to read:
43.24 		Subd. 11b.Recertification fee for anesthesia/sedation. No dentist whose general 
43.25 	anesthesia or moderate sedation certificate has been terminated by the board or voluntarily 
43.26 	terminated by the dentist may become recertified until a fee has been submitted to the 
43.27 	board not to exceed the amount of $500.

43.28 	Sec. 61. Minnesota Statutes 2008, section 150A.091, subdivision 12, is amended to 
43.29 	read:
43.30 		Subd. 12.Duplicate certificate fee for anesthesia/sedation. Each dentist shall 
43.31 	submit with a request for issuance of a duplicate of the original general anesthesia or 
44.1 	conscious moderate sedation certificate or contracted sedation provider certificate a fee in 
44.2 	the amount of $10.

44.3 	Sec. 62. Minnesota Statutes 2008, section 150A.091, subdivision 14, is amended to 
44.4 	read:
44.5 		Subd. 14.Affidavit of licensure. Each licensee or registrant shall submit with a 
44.6 	request for an affidavit of licensure a fee in the amount of $10.

44.7 	Sec. 63. Minnesota Statutes 2008, section 150A.091, subdivision 15, is amended to 
44.8 	read:
44.9 		Subd. 15.Verification of licensure. Each institution or corporation shall submit 
44.10 	with a request for verification of a license or registration a fee in the amount of $5 for 
44.11 	each license or registration to be verified.

44.12 	Sec. 64. Minnesota Statutes 2008, section 150A.10, subdivision 1a, is amended to read:
44.13 		Subd. 1a.Limited authorization for dental hygienists. (a) Notwithstanding 
44.14 	subdivision 1, a dental hygienist licensed under this chapter may be employed or retained 
44.15 	by a health care facility, program, or nonprofit organization to perform dental hygiene 
44.16 	services described under paragraph (b) without the patient first being examined by a 
44.17 	licensed dentist if the dental hygienist:
44.18 	(1) has been engaged in the active practice of clinical dental hygiene for not less than 
44.19 	2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of 
44.20 	200 hours of clinical practice in two of the past three years;
44.21 	(2) has entered into a collaborative agreement with a licensed dentist that designates 
44.22 	authorization for the services provided by the dental hygienist;
44.23 	(3) has documented participation in courses in infection control and medical 
44.24 	emergencies within each continuing education cycle; and
44.25 	(4) maintains current certification in advanced or basic cardiac life support as 
44.26 	recognized by the American Heart Association, the American Red Cross, or another 
44.27 	agency that is equivalent to the CPR certification from completion of the American Heart 
44.28 	Association or healthcare provider course, the American Red Cross professional rescuer 
44.29 	course, or an equivalent entity.
44.30 	(b) The dental hygiene services authorized to be performed by a dental hygienist 
44.31 	under this subdivision are limited to:
44.32 	(1) oral health promotion and disease prevention education;
44.33 	(2) removal of deposits and stains from the surfaces of the teeth;
45.1 	(3) application of topical preventive or prophylactic agents, including fluoride 
45.2 	varnishes and pit and fissure sealants;
45.3 	(4) polishing and smoothing restorations;
45.4 	(5) removal of marginal overhangs;
45.5 	(6) performance of preliminary charting;
45.6 	(7) taking of radiographs; and
45.7 	(8) performance of scaling and root planing.
45.8 	The dental hygienist may administer injections of local anesthetic agents or nitrous 
45.9 	oxide inhalation analgesia as specifically delegated in the collaborative agreement with 
45.10 	a licensed dentist. The dentist need not first examine the patient or be present. If the 
45.11 	patient is considered medically compromised, the collaborative dentist shall review the 
45.12 	patient record, including the medical history, prior to the provision of these services. 
45.13 	Collaborating dental hygienists may work with unregistered unlicensed and registered
45.14 	licensed dental assistants who may only perform duties for which registration licensure
45.15 	is not required. The performance of dental hygiene services in a health care facility, 
45.16 	program, or nonprofit organization as authorized under this subdivision is limited to 
45.17 	patients, students, and residents of the facility, program, or organization.
45.18 	(c) A collaborating dentist must be licensed under this chapter and may enter into 
45.19 	a collaborative agreement with no more than four dental hygienists unless otherwise 
45.20 	authorized by the board. The board shall develop parameters and a process for obtaining 
45.21 	authorization to collaborate with more than four dental hygienists. The collaborative 
45.22 	agreement must include:
45.23 	(1) consideration for medically compromised patients and medical conditions for 
45.24 	which a dental evaluation and treatment plan must occur prior to the provision of dental 
45.25 	hygiene services;
45.26 	(2) age- and procedure-specific standard collaborative practice protocols, including 
45.27 	recommended intervals for the performance of dental hygiene services and a period of 
45.28 	time in which an examination by a dentist should occur;
45.29 	(3) copies of consent to treatment form provided to the patient by the dental 
45.30 	hygienist;
45.31 	(4) specific protocols for the placement of pit and fissure sealants and requirements 
45.32 	for follow-up care to assure the efficacy of the sealants after application; and
45.33 	(5) a procedure for creating and maintaining dental records for the patients that are 
45.34 	treated by the dental hygienist. This procedure must specify where these records are 
45.35 	to be located.
46.1 	The collaborative agreement must be signed and maintained by the dentist, the dental 
46.2 	hygienist, and the facility, program, or organization; must be reviewed annually by the 
46.3 	collaborating dentist and dental hygienist; and must be made available to the board 
46.4 	upon request.
46.5 	(d) Before performing any services authorized under this subdivision, a dental 
46.6 	hygienist must provide the patient with a consent to treatment form which must include a 
46.7 	statement advising the patient that the dental hygiene services provided are not a substitute 
46.8 	for a dental examination by a licensed dentist. If the dental hygienist makes any referrals 
46.9 	to the patient for further dental procedures, the dental hygienist must fill out a referral form 
46.10 	and provide a copy of the form to the collaborating dentist.
46.11 	(e) For the purposes of this subdivision, a "health care facility, program, or 
46.12 	nonprofit organization" is limited to a hospital; nursing home; home health agency; group 
46.13 	home serving the elderly, disabled, or juveniles; state-operated facility licensed by the 
46.14 	commissioner of human services or the commissioner of corrections; and federal, state, or 
46.15 	local public health facility, community clinic, tribal clinic, school authority, Head Start 
46.16 	program, or nonprofit organization that serves individuals who are uninsured or who are 
46.17 	Minnesota health care public program recipients.
46.18 	(f) For purposes of this subdivision, a "collaborative agreement" means a written 
46.19 	agreement with a licensed dentist who authorizes and accepts responsibility for the 
46.20 	services performed by the dental hygienist. The services authorized under this subdivision 
46.21 	and the collaborative agreement may be performed without the presence of a licensed 
46.22 	dentist and may be performed at a location other than the usual place of practice of the 
46.23 	dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless 
46.24 	specified in the collaborative agreement.

46.25 	Sec. 65. Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
46.26 		Subd. 2.Dental assistants. Every licensed dentist who uses the services of any 
46.27 	unlicensed person for the purpose of assistance in the practice of dentistry shall be 
46.28 	responsible for the acts of such unlicensed person while engaged in such assistance. 
46.29 	Such dentist shall permit such unlicensed assistant to perform only those acts which are 
46.30 	authorized to be delegated to unlicensed assistants by the Board of Dentistry. Such acts 
46.31 	shall be performed under supervision of a licensed dentist. The board may permit differing 
46.32 	levels of dental assistance based upon recognized educational standards, approved by the 
46.33 	board, for the training of dental assistants. The board may also define by rule the scope of 
46.34 	practice of registered licensed and nonregistered unlicensed dental assistants. The board 
46.35 	by rule may require continuing education for differing levels of dental assistants, as a 
47.1 	condition to their registration license or authority to perform their authorized duties. Any 
47.2 	licensed dentist who shall permit such unlicensed assistant to perform any dental service 
47.3 	other than that authorized by the board shall be deemed to be enabling an unlicensed 
47.4 	person to practice dentistry, and commission of such an act by such unlicensed assistant 
47.5 	shall constitute a violation of sections 150A.01 to 150A.12.  

47.6 	Sec. 66. Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:
47.7 		Subd. 4.Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 
47.8 	2, a licensed dental hygienist or a registered licensed dental assistant may perform the 
47.9 	following restorative procedures:
47.10 	(1) place, contour, and adjust amalgam restorations;
47.11 	(2) place, contour, and adjust glass ionomer;
47.12 	(3) adapt and cement stainless steel crowns; and
47.13 	(4) place, contour, and adjust class I and class V supragingival composite restorations 
47.14 	where the margins are entirely within the enamel.
47.15 	(b) The restorative procedures described in paragraph (a) may be performed only if:
47.16 	(1) the licensed dental hygienist or the registered licensed dental assistant has 
47.17 	completed a board-approved course on the specific procedures;
47.18 	(2) the board-approved course includes a component that sufficiently prepares the 
47.19 	licensed dental hygienist or registered licensed dental assistant to adjust the occlusion 
47.20 	on the newly placed restoration;
47.21 	(3) a licensed dentist has authorized the procedure to be performed; and
47.22 	(4) a licensed dentist is available in the clinic while the procedure is being performed.
47.23 	(c) The dental faculty who teaches the educators of the board-approved courses 
47.24 	specified in paragraph (b) must have prior experience teaching these procedures in an 
47.25 	accredited dental education program.

47.26 	Sec. 67. Minnesota Statutes 2008, section 150A.12, is amended to read:
47.27 	150A.12 VIOLATION AND DEFENSES.
47.28 	Every person who violates any of the provisions of sections 150A.01 to 150A.12
47.29 	for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor; 
47.30 	and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in 
47.31 	the county jail for not more than one year or by both such fine and imprisonment. In the 
47.32 	prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not be 
47.33 	necessary to allege or prove lack of a valid license to practice dentistry or, dental hygiene, 
48.1 	or dental assisting, but such matter shall be a matter of defense to be established by the 
48.2 	defendant.

48.3 	Sec. 68. Minnesota Statutes 2008, section 150A.13, is amended to read:
48.4 	150A.13 REPORTING OBLIGATIONS.
48.5 		Subdivision 1.Permission to report. A person who has knowledge of a registrant 
48.6 	or a licensee unable to practice with reasonable skill and safety by reason of illness, use of 
48.7 	alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or 
48.8 	psychological condition may report the registrant or licensee to the board.
48.9 		Subd. 2.Institutions. A hospital, clinic, or other health care institution or 
48.10 	organization located in this state shall report to the board any action taken by the agency, 
48.11 	institution, or organization or any of its administrators or dental or other committees to 
48.12 	revoke, suspend, restrict, or condition a registrant's or licensee's privilege to practice 
48.13 	or treat patients or clients in the institution, or as part of the organization, any denial 
48.14 	of privileges, or any other disciplinary action against a registrant or licensee described 
48.15 	under subdivision 1. The institution or organization shall also report the resignation of 
48.16 	any registrants or licensees prior to the conclusion of any disciplinary action proceeding 
48.17 	against a registrant or licensee described under subdivision 1.
48.18 		Subd. 3.Dental societies. A state or local dental society or professional dental 
48.19 	association shall report to the board any termination, revocation, or suspension of 
48.20 	membership or any other disciplinary action taken against a registrant or licensee. If the 
48.21 	society or association has received a complaint against a registrant or licensee described 
48.22 	under subdivision 1, on which it has not taken any disciplinary action, the society or 
48.23 	association shall report the complaint and the reason why it has not taken action on it or 
48.24 	shall direct the complainant to the board. This subdivision does not apply to a society 
48.25 	or association when it performs peer review functions as an agent of an outside entity, 
48.26 	organization, or system.
48.27 		Subd. 4.Licensed professionals. (a) A licensed or registered health professional 
48.28 	shall report to the board personal knowledge of any conduct by any person who the 
48.29 	licensed or registered health professional reasonably believes is a registrant or licensee 
48.30 	described under subdivision 1.
48.31 	(b) Notwithstanding paragraph (a), a licensed health professional shall report to the 
48.32 	board knowledge of any actions which institutions must report under subdivision 2.
48.33 		Subd. 5.Insurers and other entities making liability payments. (a) Four times 
48.34 	each year as prescribed by the board, each insurer authorized to sell insurance described in 
48.35 	section 60A.06, subdivision 1, clause (13), and providing professional liability insurance 
49.1 	to registrants or licensees, shall submit to the board a report concerning the registrants and
49.2 	licensees against whom malpractice settlements or awards have been made to the plaintiff. 
49.3 	The report must contain at least the following information:  
49.4 	(1) the total number of malpractice settlements or awards made;
49.5 	(2) the date the malpractice settlements or awards were made;
49.6 	(3) the allegations contained in the claim or complaint leading to the settlements or 
49.7 	awards made;
49.8 	(4) the dollar amount of each malpractice settlement or award;
49.9 	(5) the regular address of the practice of the registrant or licensee against whom an 
49.10 	award was made or with whom a settlement was made; and
49.11 	(6) the name of the registrant or licensee against whom an award was made or 
49.12 	with whom a settlement was made.
49.13 	(b) A dental clinic, hospital, political subdivision, or other entity which makes 
49.14 	professional liability insurance payments on behalf of registrants or licensees shall submit 
49.15 	to the board a report concerning malpractice settlements or awards paid on behalf of 
49.16 	registrants or licensees, and any settlements or awards paid by a clinic, hospital, political 
49.17 	subdivision, or other entity on its own behalf because of care rendered by registrants or
49.18 	licensees. This requirement excludes forgiveness of bills. The report shall be made to the 
49.19 	board within 30 days of payment of all or part of any settlement or award.
49.20 		Subd. 6.Courts. The court administrator of district court or any other court of 
49.21 	competent jurisdiction shall report to the board any judgment or other determination 
49.22 	of the court that adjudges or includes a finding that a registrant or licensee is mentally 
49.23 	ill, mentally incompetent, guilty of a felony, guilty of a violation of federal or state 
49.24 	narcotics laws or controlled substances act, or guilty of an abuse or fraud under Medicare 
49.25 	or Medicaid; or that appoints a guardian of the registrant or licensee pursuant to sections 
49.26 	524.5-101 to 524.5-502, or commits a registrant or licensee pursuant to chapter 253B.  
49.27 		Subd. 7.Self-reporting. A registrant or licensee shall report to the board any 
49.28 	personal action that would require that a report be filed by any person, health care facility, 
49.29 	business, or organization pursuant to subdivisions 2 to 6.
49.30 		Subd. 8.Deadlines; forms. Reports required by subdivisions 2 to 7 must be 
49.31 	submitted not later than 30 days after the occurrence of the reportable event or transaction. 
49.32 	The board may provide forms for the submission of reports required by this section, may 
49.33 	require that reports be submitted on the forms provided, and may adopt rules necessary 
49.34 	to assure prompt and accurate reporting.
49.35 		Subd. 9.Subpoenas. The board may issue subpoenas for the production of any 
49.36 	reports required by subdivisions 2 to 7 or any related documents.

50.1 	Sec. 69. Minnesota Statutes 2008, section 169.345, subdivision 2, is amended to read:
50.2 		Subd. 2.Definitions. (a) For the purpose of section 168.021 and this section, the 
50.3 	following terms have the meanings given them in this subdivision.
50.4 	(b) "Health professional" means a licensed physician, registered licensed physician 
50.5 	assistant, advanced practice registered nurse, or licensed chiropractor.
50.6 	(c) "Long-term certificate" means a certificate issued for a period greater than 12 
50.7 	months but not greater than 71 months.
50.8 	(d) "Organization certificate" means a certificate issued to an entity other than a 
50.9 	natural person for a period of three years.
50.10 	(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the 
50.11 	certificate referred to in subdivision 3, while the application is being processed.
50.12 	(f) "Physically disabled person" means a person who:
50.13 	(1) because of disability cannot walk without significant risk of falling;
50.14 	(2) because of disability cannot walk 200 feet without stopping to rest;
50.15 	(3) because of disability cannot walk without the aid of another person, a walker, a 
50.16 	cane, crutches, braces, a prosthetic device, or a wheelchair;
50.17 	(4) is restricted by a respiratory disease to such an extent that the person's forced 
50.18 	(respiratory) expiratory volume for one second, when measured by spirometry, is less 
50.19 	than one liter;
50.20 	(5) has an arterial oxygen tension (PAO2) of less than 60 mm/Hg on room air at rest;
50.21 	(6) uses portable oxygen;
50.22 	(7) has a cardiac condition to the extent that the person's functional limitations are 
50.23 	classified in severity as class III or class IV according to standards set by the American 
50.24 	Heart Association;
50.25 	(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or
50.26 	(9) has a disability that would be aggravated by walking 200 feet under normal 
50.27 	environmental conditions to an extent that would be life threatening.
50.28 	(g) "Short-term certificate" means a certificate issued for a period greater than six 
50.29 	months but not greater than 12 months.
50.30 	(h) "Six-year certificate" means a certificate issued for a period of six years.
50.31 	(i) "Temporary certificate" means a certificate issued for a period not greater than 
50.32 	six months.

50.33 	Sec. 70. Minnesota Statutes 2008, section 253B.02, subdivision 7, is amended to read:
51.1 		Subd. 7.Examiner. "Examiner" means a person who is knowledgeable, trained, and 
51.2 	practicing in the diagnosis and assessment or in the treatment of the alleged impairment, 
51.3 	and who is:
51.4 	(1) a licensed physician;
51.5 	(2) a licensed psychologist who has a doctoral degree in psychology or who became 
51.6 	a licensed consulting psychologist before July 2, 1975; or
51.7 	(3) an advanced practice registered nurse certified in mental health or a licensed 
51.8 	physician assistant, except that only a physician or psychologist meeting these 
51.9 	requirements may be appointed by the court as described by sections 253B.07, subdivision 
51.10 	3; 253B.092, subdivision 8, paragraph (b); 253B.17, subdivision 3; 253B.18, subdivision 
51.11 	2; and 253B.19, subdivisions 1 and 2, and only a physician or psychologist may conduct 
51.12 	an assessment as described by Minnesota Rules of Criminal Procedure, rule 20.

51.13 	Sec. 71. Minnesota Statutes 2008, section 253B.05, subdivision 2, is amended to read:
51.14 		Subd. 2.Peace or health officer authority. (a) A peace or health officer may take a 
51.15 	person into custody and transport the person to a licensed physician or treatment facility if 
51.16 	the officer has reason to believe, either through direct observation of the person's behavior, 
51.17 	or upon reliable information of the person's recent behavior and knowledge of the person's 
51.18 	past behavior or psychiatric treatment, that the person is mentally ill or developmentally 
51.19 	disabled and in danger of injuring self or others if not immediately detained. A peace or 
51.20 	health officer or a person working under such officer's supervision, may take a person 
51.21 	who is believed to be chemically dependent or is intoxicated in public into custody and 
51.22 	transport the person to a treatment facility. If the person is intoxicated in public or is 
51.23 	believed to be chemically dependent and is not in danger of causing self-harm or harm to 
51.24 	any person or property, the peace or health officer may transport the person home. The 
51.25 	peace or health officer shall make written application for admission of the person to the 
51.26 	treatment facility. The application shall contain the peace or health officer's statement 
51.27 	specifying the reasons for and circumstances under which the person was taken into 
51.28 	custody. If danger to specific individuals is a basis for the emergency hold, the statement 
51.29 	must include identifying information on those individuals, to the extent practicable. A 
51.30 	copy of the statement shall be made available to the person taken into custody.
51.31 	(b) As far as is practicable, a peace officer who provides transportation for a person 
51.32 	placed in a facility under this subdivision may not be in uniform and may not use a vehicle 
51.33 	visibly marked as a law enforcement vehicle.
51.34 	(c) A person may be admitted to a treatment facility for emergency care and 
51.35 	treatment under this subdivision with the consent of the head of the facility under the 
52.1 	following circumstances: (1) a written statement shall only be made by the following 
52.2 	individuals who are knowledgeable, trained, and practicing in the diagnosis and treatment 
52.3 	of mental illness or developmental disability; the medical officer, or the officer's designee 
52.4 	on duty at the facility, including a licensed physician, a registered licensed physician 
52.5 	assistant, or an advanced practice registered nurse who after preliminary examination has 
52.6 	determined that the person has symptoms of mental illness or developmental disability 
52.7 	and appears to be in danger of harming self or others if not immediately detained; or (2) a 
52.8 	written statement is made by the institution program director or the director's designee 
52.9 	on duty at the facility after preliminary examination that the person has symptoms 
52.10 	of chemical dependency and appears to be in danger of harming self or others if not 
52.11 	immediately detained or is intoxicated in public.

52.12 	Sec. 72. Minnesota Statutes 2008, section 256B.0625, subdivision 28a, is amended to 
52.13 	read:
52.14 		Subd. 28a.Registered Licensed physician assistant services. Medical assistance 
52.15 	covers services performed by a registered licensed physician assistant if the service is 
52.16 	otherwise covered under this chapter as a physician service and if the service is within the 
52.17 	scope of practice of a registered licensed physician assistant as defined in section 147A.09. 

52.18 	Sec. 73. Minnesota Statutes 2008, section 256B.0751, subdivision 1, is amended to 
52.19 	read:
52.20 		Subdivision 1.Definitions. (a) For purposes of sections 256B.0751 to 256B.0753, 
52.21 	the following definitions apply.
52.22 	(b) "Commissioner" means the commissioner of human services.
52.23 	(c) "Commissioners" means the commissioner of humans services and the 
52.24 	commissioner of health, acting jointly.
52.25 	(d) "Health plan company" has the meaning provided in section 62Q.01, subdivision 
52.26 	4.
52.27 	(e) "Personal clinician" means a physician licensed under chapter 147, a physician 
52.28 	assistant registered licensed and practicing under chapter 147A, or an advanced practice 
52.29 	nurse licensed and registered to practice under chapter 148.
52.30 	(f) "State health care program" means the medical assistance, MinnesotaCare, and 
52.31 	general assistance medical care programs.

52.32 	Sec. 74.  REPEALER.
 53.1 	Minnesota Statutes 2008, sections 144.604, subdivision 3; 147A.22; and 150A.09, 
53.2 	subdivision 6, are repealed.