HF 105

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health occupations; requiring the 
  1.3             commissioner of health to license denturists; 
  1.4             permitting the practice of denturism in this state; 
  1.5             establishing licensure and examination requirements; 
  1.6             establishing a denture technology advisory council; 
  1.7             creating fees; authorizing rulemaking; providing a 
  1.8             penalty; amending Minnesota Statutes 2002, sections 
  1.9             116J.70, subdivision 2a; 144.335, subdivision 1; 
  1.10            150A.05, subdivision 2; 319B.40; proposing coding for 
  1.11            new law as Minnesota Statutes, chapter 150B. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13                             ARTICLE 1
  1.14                        DENTURIST LICENSURE
  1.15     Section 1.  [INTENT.] 
  1.16     The legislature's intent in establishing a licensure system 
  1.17  for denturists is to help assure the public's health, provide a 
  1.18  mechanism for consumer protection, and offer cost-effective 
  1.19  alternatives for denture care services and products to 
  1.20  individual consumers and the state. 
  1.21     Sec. 2.  [150B.01] [DEFINITIONS.] 
  1.22     Subdivision 1.  [APPLICATION.] The definitions in this 
  1.23  section apply to this chapter. 
  1.24     Subd. 2.  [ADVISORY COUNCIL.] "Advisory council" means the 
  1.25  denture technology advisory council. 
  1.26     Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
  1.27  commissioner of health. 
  1.28     Subd. 4.  [DENTURE.] "Denture" means a removable full or 
  2.1   partial upper or lower dental appliance to be worn in the mouth 
  2.2   to replace missing natural teeth. 
  2.3      Subd. 5.  [DENTURIST.] "Denturist" means a person who 
  2.4   engages in the practice of denturism and is licensed under this 
  2.5   chapter. 
  2.6      Subd. 6.  [PRACTICE OF DENTURISM.] "Practice of denturism" 
  2.7   means: 
  2.8      (1) making, placing, constructing, altering, reproducing, 
  2.9   or repairing a denture; and 
  2.10     (2) taking impressions and furnishing or supplying a 
  2.11  denture directly to a person, or advising the use of the 
  2.12  denture, and maintaining a facility for these purposes. 
  2.13     Sec. 3.  [150B.02] [PRACTICE OF DENTURISM PERMITTED.] 
  2.14     The practice of denturism is permitted in this state, if 
  2.15  the services are provided in conformance with the requirements 
  2.16  of this chapter. 
  2.17     Sec. 4.  [150B.03] [LICENSURE; PROTECTED TITLES AND 
  2.18  RESTRICTIONS ON USE.] 
  2.19     Subdivision 1.  [LICENSURE REQUIRED.] No person may engage 
  2.20  in the practice of denturism unless the person is licensed as a 
  2.21  denturist under this chapter. 
  2.22     Subd. 2.  [PROTECTED TITLES.] No person may hold himself or 
  2.23  herself out to the public as a denturist, use the title 
  2.24  "licensed denturist" or "denturist," or use any other titles, 
  2.25  words, letters, abbreviations, or insignia indicating or 
  2.26  implying that the person is licensed under this chapter or 
  2.27  eligible for licensure under this chapter, unless the person has 
  2.28  been licensed as a denturist under this chapter. 
  2.29     Subd. 3.  [PENALTY.] A person who violates any provision of 
  2.30  this section is guilty of a misdemeanor. 
  2.31     Sec. 5.  [150B.04] [EXCLUSIONS FROM CHAPTER.] 
  2.32     Nothing in this chapter prohibits or restricts: 
  2.33     (1) the practice of a health-related occupation by a person 
  2.34  who is licensed, registered, or certified in Minnesota and who 
  2.35  is practicing within the scope of practice of that occupation; 
  2.36     (2) the practice of denturism by a person employed in the 
  2.37  service of the federal government while performing duties 
  3.1   incident to that employment; 
  3.2      (3) the practice of denturism by a student enrolled in a 
  3.3   school approved by the commissioner, if the denturism services 
  3.4   provided by a student are provided according to a course of 
  3.5   instruction or an assignment from an instructor, and under the 
  3.6   supervision of an instructor; or 
  3.7      (4) work performed by dental laboratories and dental 
  3.8   technicians under the written prescription of a dentist. 
  3.9      Sec. 6.  [150B.05] [EXAMINATION AND REFERRAL REQUIREMENTS.] 
  3.10     Before making and fitting a denture, a denturist shall 
  3.11  examine the oral cavity of the patient to receive the denture.  
  3.12  If the denturist's examination gives the denturist reasonable 
  3.13  cause to believe that there is an abnormality or disease process 
  3.14  in the oral cavity that requires medical or dental treatment, 
  3.15  the denturist shall immediately refer the patient to a dentist 
  3.16  or physician.  If the patient is referred to a dentist or 
  3.17  physician, the denturist shall take no further action to 
  3.18  manufacture or place a denture until the patient has been 
  3.19  examined by a dentist or physician and the dentist or physician 
  3.20  provides a written statement that a denture will pose no threat 
  3.21  to the patient's health.  If the denturist's examination reveals 
  3.22  the patient's need for tissue or teeth modifications to assure 
  3.23  proper fit of a full or partial denture, the denturist shall 
  3.24  refer the patient to a dentist and shall assure that the 
  3.25  modification has been completed before taking an impression to 
  3.26  complete the denture. 
  3.27     Sec. 7.  [150B.06] [DUTIES OF COMMISSIONER.] 
  3.28     To regulate denturists, the commissioner shall exercise the 
  3.29  following powers and duties: 
  3.30     (1) establish qualifications for persons applying for 
  3.31  licensure; 
  3.32     (2) prescribe, administer, and determine the requirements 
  3.33  for examinations and establish what constitutes a passing grade 
  3.34  for licensure; 
  3.35     (3) adopt rules necessary to implement this chapter; 
  3.36     (4) evaluate schools, and designate those schools from 
  4.1   which graduation will be accepted as proof of an applicant's 
  4.2   completion of the course work requirements for licensure; 
  4.3      (5) discipline applicants and persons licensed under this 
  4.4   chapter who violate a ground for disciplinary action; 
  4.5      (6) issue licenses for the practice of denturism; 
  4.6      (7) administer oaths and subpoena witnesses to carry out 
  4.7   the activities authorized under this chapter; 
  4.8      (8) establish forms and procedures necessary to implement 
  4.9   this chapter; and 
  4.10     (9) hire staff as needed to implement this chapter and act 
  4.11  on behalf of the commissioner and the advisory council. 
  4.12     Sec. 8.  [150B.07] [DENTURE TECHNOLOGY ADVISORY COUNCIL.] 
  4.13     Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] (a) The 
  4.14  commissioner shall appoint seven persons to a denture technology 
  4.15  advisory council.  The advisory council shall consist of: 
  4.16     (1) four persons who are licensed denturists under this 
  4.17  chapter.  The initial appointees need not be licensed denturists 
  4.18  but must have at least five years of experience in the practice 
  4.19  of denturism or in a related field; 
  4.20     (2) two persons who are public members, as defined in 
  4.21  section 214.02, and who are not affiliated with any health care 
  4.22  occupation or facility.  At least one of the public members must 
  4.23  be over 65 years of age and must represent senior citizens; and 
  4.24     (3) one person who is a dentist licensed in Minnesota. 
  4.25     (b) No person may serve more than two consecutive terms on 
  4.26  the advisory council. 
  4.27     Subd. 2.  [ORGANIZATION.] The advisory council shall be 
  4.28  organized and administered under section 15.059. 
  4.29     Subd. 3.  [DUTIES.] At the commissioner's request, the 
  4.30  advisory council shall: 
  4.31     (1) advise the commissioner regarding licensure 
  4.32  qualifications for denturists; 
  4.33     (2) advise the commissioner regarding requirements for 
  4.34  examinations, what constitutes a passing grade on an 
  4.35  examination, and prescribing and administering examinations; 
  4.36     (3) advise the commissioner regarding rules that are 
  5.1   necessary to implement this chapter; 
  5.2      (4) review reports of investigations related to individuals 
  5.3   and make recommendations to the commissioner as to whether 
  5.4   licensure should be denied or disciplinary action should be 
  5.5   taken; and 
  5.6      (5) perform other duties for advisory councils authorized 
  5.7   by chapter 214, as directed by the commissioner. 
  5.8      Sec. 9.  [150B.08] [LICENSURE FEES.] 
  5.9      Subdivision 1.  [FEES.] The following denturist license 
  5.10  fees shall be paid to the commissioner: 
  5.11     (1) application fee, $.......; 
  5.12     (2) examination fee, $.......; 
  5.13     (3) licensure fee, $.......; 
  5.14     (4) license renewal fee, $.......; 
  5.15     (5) inactive license fee, $.......; and 
  5.16     (6) inactive license renewal fee, $........ 
  5.17     Subd. 2.  [NONREFUNDABLE; WHERE DEPOSITED.] All fees 
  5.18  collected are nonrefundable and must be deposited in the state 
  5.19  government special revenue fund. 
  5.20     Sec. 10.  [150B.09] [REQUIREMENTS FOR LICENSURE.] 
  5.21     Subdivision 1.  [GENERAL REQUIREMENTS FOR LICENSURE.] The 
  5.22  commissioner shall issue a license to practice denturism to an 
  5.23  applicant who: 
  5.24     (1) submits a completed application to the commissioner on 
  5.25  a form provided by the commissioner; 
  5.26     (2) submits the fees required under section 150B.08; 
  5.27     (3) documents successful completion of formal training 
  5.28  lasting at least two years with a major course of study in the 
  5.29  practice of denturism, at a school approved by the 
  5.30  commissioner.  The formal training must include special training 
  5.31  in oral pathology specified by the commissioner; and 
  5.32     (4) passes a written examination and practical examination 
  5.33  approved by the commissioner. 
  5.34     Subd. 2.  [LICENSURE BY RECIPROCITY.] The commissioner 
  5.35  shall issue a license by reciprocity to practice denturism to an 
  5.36  applicant who is currently licensed or registered to practice 
  6.1   denturism in another state that the commissioner determines has 
  6.2   substantially equivalent licensure or registration standards to 
  6.3   those in this state, and who: 
  6.4      (1) submits a completed application to the commissioner on 
  6.5   a form provided by the commissioner; 
  6.6      (2) submits the fees required under section 150B.08; 
  6.7      (3) provides proof of having successfully passed a written 
  6.8   examination and practical examination for denturism in the state 
  6.9   where the applicant is licensed or registered, if the 
  6.10  commissioner determines that the examinations are substantially 
  6.11  equivalent to those in this state; and 
  6.12     (4) submits an affidavit from the agency that licenses or 
  6.13  registers denturists in the state where the applicant is 
  6.14  licensed or registered, attesting to the fact that the applicant 
  6.15  is currently licensed or registered in that state. 
  6.16     Subd. 3.  [LICENSURE BY EQUIVALENCY DURING TRANSITION 
  6.17  PERIOD.] Between July 1, 2003, and June 30, 2005, the 
  6.18  commissioner shall issue a license by equivalency to an 
  6.19  applicant who: 
  6.20     (1) submits a completed application to the commissioner on 
  6.21  a form provided by the commissioner; 
  6.22     (2) submits the fees required under section 150B.08; 
  6.23     (3) submits three affidavits from persons other than family 
  6.24  members attesting that the applicant has been employed in the 
  6.25  practice of denturism for at least five years, or submits 
  6.26  documentation of at least 4,000 hours of practical experience in 
  6.27  the practice of denturism; 
  6.28     (4) documents successful completion of a training course 
  6.29  approved by the commissioner, or successful completion of an 
  6.30  equivalent course approved by the commissioner; and 
  6.31     (5) passes a written examination and practical examination 
  6.32  approved by the commissioner. 
  6.33     Subd. 4.  [CONTENT OF LICENSE.] A license must list all 
  6.34  addresses where the licensed denturist will engage in the 
  6.35  practice of denturism. 
  6.36     Subd. 5.  [LICENSE RENEWAL.] The commissioner shall 
  7.1   establish by rule the requirements for license renewal.  The 
  7.2   requirements for license renewal shall not be more stringent 
  7.3   than the requirements for licensure established in this chapter. 
  7.4      Sec. 11.  [150B.10] [LICENSURE EXAMINATION.] 
  7.5      Subdivision 1.  [EXAMINATION ADMINISTRATION.] The 
  7.6   commissioner shall prescribe and administer the written and 
  7.7   practical examinations for licensure under this chapter.  The 
  7.8   commissioner may hire denturists licensed under this chapter to 
  7.9   prepare, administer, and grade the examinations, or may contract 
  7.10  with regional examiners to prepare, administer, and grade the 
  7.11  examinations. 
  7.12     Subd. 2.  [REQUIREMENTS FOR EXAMINATIONS.] The examinations 
  7.13  must determine the qualifications, fitness, and ability of the 
  7.14  applicant to practice denturism.  The examinations must include 
  7.15  a written examination and a practical examination involving a 
  7.16  demonstration of skills.  The written examination must cover the 
  7.17  following subjects:  head and oral anatomy and physiology, oral 
  7.18  pathology, partial denture construction and design, 
  7.19  microbiology, clinical dental technology, dental laboratory 
  7.20  technology, clinical jurisprudence, asepsis, medical 
  7.21  emergencies, and cardiopulmonary resuscitation.  Examinations 
  7.22  must be held at least annually.  The first examination must be 
  7.23  administered no later than December 31, 2003. 
  7.24     Subd. 3.  [FAILURE OF WRITTEN OR PRACTICAL 
  7.25  EXAMINATION.] Upon payment of an appropriate fee, an applicant 
  7.26  who fails either the written or practical examination may take 
  7.27  again the portion of the examination that the applicant failed. 
  7.28     Sec. 12.  [150B.11] [INACTIVE LICENSE.] 
  7.29     Subdivision 1.  [GENERAL.] A licensed denturist may place 
  7.30  his or her license on inactive status.  A person whose license 
  7.31  is on inactive status shall not engage in the practice of 
  7.32  denturism in this state without first reactivating the license.  
  7.33  An inactive license must be renewed according to a schedule 
  7.34  established by the commissioner.  Failure to renew an inactive 
  7.35  license shall result in cancellation of the inactive license. 
  7.36     Subd. 2.  [CHANGE TO ACTIVE STATUS.] The commissioner shall 
  8.1   by rule establish requirements under which a person whose 
  8.2   license is on inactive status may change the license to active 
  8.3   status. 
  8.4      Subd. 3.  [DISCIPLINARY ACTION.] If a disciplinary 
  8.5   proceeding has been initiated to suspend or revoke a person's 
  8.6   inactive license, the license shall remain inactive until the 
  8.7   proceedings are completed. 
  8.8      Sec. 13.  [150B.12] [GROUNDS FOR DISCIPLINARY ACTION; 
  8.9   DISCIPLINARY ACTIONS; SUSPENSION.] 
  8.10     Subdivision 1.  [GROUNDS FOR DENIAL OF LICENSURE OR 
  8.11  DISCIPLINE.] The commissioner may refuse to grant a license, may 
  8.12  approve licensure with conditions, or may discipline a denturist 
  8.13  licensed under this chapter using any disciplinary actions 
  8.14  listed in subdivision 2 on proof that the individual has: 
  8.15     (1) intentionally submitted false or misleading information 
  8.16  to the commissioner or the advisory council; 
  8.17     (2) failed, within 30 days, to provide information in 
  8.18  response to a written request by the commissioner or advisory 
  8.19  council; 
  8.20     (3) engaged in the practice of denturism in an incompetent 
  8.21  manner or in a manner that falls below the community standard of 
  8.22  care; 
  8.23     (4) violated any provision of this chapter; 
  8.24     (5) failed to perform the practice of denturism with 
  8.25  reasonable judgment, skill, or safety due to the use of alcohol 
  8.26  or drugs, or due to other physical or mental impairment; 
  8.27     (6) been convicted of violating any state or federal law, 
  8.28  rule, or regulation which directly relates to the practice of 
  8.29  denturism; 
  8.30     (7) aided or abetted another person in violating any 
  8.31  provision of this chapter; 
  8.32     (8) been disciplined for conduct in the practice of an 
  8.33  occupation by the state of Minnesota, another jurisdiction, or a 
  8.34  national professional association, if any of the grounds for 
  8.35  discipline are the same or substantially equivalent to those in 
  8.36  this chapter; 
  9.1      (9) not cooperated with the commissioner or advisory 
  9.2   council in an investigation of allegations of a ground for 
  9.3   disciplinary action; 
  9.4      (10) advertised in a manner that is false or misleading; 
  9.5      (11) engaged in dishonest, unethical, or unprofessional 
  9.6   conduct in connection with the practice of denturism that is 
  9.7   likely to deceive, defraud, or harm the public; 
  9.8      (12) demonstrated a willful or careless disregard for the 
  9.9   health, welfare, or safety of a patient; 
  9.10     (13) performed medical diagnosis, practiced dentistry, or 
  9.11  provided treatment, other than the practice of denturism, 
  9.12  without being licensed to do so under the laws of this state; 
  9.13     (14) paid or promised to pay a commission or part of a fee 
  9.14  to any person who contacts the denturist for consultation or 
  9.15  sends patients to the denturist for treatment; 
  9.16     (15) engaged in an incentive payment arrangement, other 
  9.17  than that prohibited by clause (14), that promotes 
  9.18  overutilization of the practice of denturism, whereby the 
  9.19  referring person or person who controls the availability of 
  9.20  denturist services to a patient profits unreasonably as a result 
  9.21  of patient treatment; 
  9.22     (16) engaged in abusive or fraudulent billing practices, 
  9.23  including violations of federal Medicare and Medicaid laws, Food 
  9.24  and Drug Administration regulations, or state medical assistance 
  9.25  laws; 
  9.26     (17) obtained money, property, or services from a patient 
  9.27  through the use of undue influence, high-pressure sales tactics, 
  9.28  harassment, duress, deception, or fraud; 
  9.29     (18) performed services for a patient who had no 
  9.30  possibility of benefitting from the services; 
  9.31     (19) failed to refer a patient to a dentist or physician 
  9.32  for examination or services as required under section 150B.05, 
  9.33  or otherwise violated section 150B.05; 
  9.34     (20) engaged in conduct with a patient that is sexual or 
  9.35  may reasonably be interpreted by the patient as sexual, or in 
  9.36  any verbal behavior that is seductive or sexually demeaning to a 
 10.1   patient; 
 10.2      (21) violated a federal or state court order, including a 
 10.3   conciliation court judgment, or a disciplinary order issued by 
 10.4   the commissioner, related to the person's practice of denturism; 
 10.5   or 
 10.6      (22) any other just cause related to the practice of 
 10.7   denturism. 
 10.8      Subd. 2.  [FORMS OF DISCIPLINARY ACTION.] When the 
 10.9   commissioner finds that an applicant or a licensed denturist has 
 10.10  engaged in a ground for disciplinary action under this chapter, 
 10.11  the commissioner may take one or more of the following actions: 
 10.12     (1) refuse to grant a license; 
 10.13     (2) revoke the license; 
 10.14     (3) suspend the license; 
 10.15     (4) impose limitations or conditions on the license; 
 10.16     (5) impose a civil penalty not exceeding $10,000 for each 
 10.17  separate violation, the amount of the civil penalty to be fixed 
 10.18  so as to deprive the denturist of any economic advantage gained 
 10.19  by the violation charged or to reimburse the commissioner for 
 10.20  all costs of the investigation and proceeding; including, but 
 10.21  not limited to, the amount paid by the commissioner for services 
 10.22  from the office of administrative hearings, attorney fees, court 
 10.23  reports, witnesses, reproduction of records, advisory council 
 10.24  members' per diem compensation, staff time, and expense incurred 
 10.25  by advisory council members and department staff; 
 10.26     (6) order the denturist to provide uncompensated 
 10.27  professional service under supervision at a designated clinic or 
 10.28  other health care institution; 
 10.29     (7) censure or reprimand the denturist; or 
 10.30     (8) any other action justified by the case. 
 10.31     Subd. 3.  [DISCOVERY; SUBPOENAS.] In all matters relating 
 10.32  to the commissioner's investigation and enforcement activities 
 10.33  related to denturists, the commissioner may issue subpoenas and 
 10.34  compel the attendance of witnesses and the production of all 
 10.35  necessary papers, books, records, documents, and other 
 10.36  evidentiary materials.  Any person failing or refusing to appear 
 11.1   or testify regarding any matter about which the person may be 
 11.2   lawfully questioned or failing to produce any papers, books, 
 11.3   records, documents, or other evidentiary materials in the matter 
 11.4   to be heard, after having been required by order of the 
 11.5   commissioner or by a subpoena of the commissioner to do so may, 
 11.6   upon application by the commissioner to the district court in 
 11.7   any district, be ordered to comply with the order or subpoena.  
 11.8   The commissioner may administer oaths to witnesses or take their 
 11.9   affirmation.  Depositions may be taken within or outside the 
 11.10  state in the manner provided by law for the taking of 
 11.11  depositions in civil actions.  A subpoena or other process or 
 11.12  paper may be served upon a person it names anywhere within the 
 11.13  state by any officer authorized to serve subpoenas or other 
 11.14  process in civil actions in the same manner as prescribed by law 
 11.15  for service of process issued out of the district court of this 
 11.16  state. 
 11.17     Subd. 4.  [TEMPORARY SUSPENSION.] In addition to any other 
 11.18  remedy provided by law, the commissioner may, without a hearing, 
 11.19  temporarily suspend the right of a denturist to practice if the 
 11.20  commissioner finds that the denturist has violated a statute or 
 11.21  rule that the commissioner has authority to enforce and that 
 11.22  continued practice by the denturist would create a serious risk 
 11.23  of harm to others.  The suspension takes effect upon service of 
 11.24  a written order on the denturist specifying the statute or rule 
 11.25  violated.  The order remains in effect until the commissioner 
 11.26  issues a final order in the matter after a hearing or upon 
 11.27  agreement between the commissioner and the denturist.  Service 
 11.28  of the order is effective if the order is served on the 
 11.29  denturist or the denturist's attorney either personally or by 
 11.30  first class mail.  Within ten days of service of the order, the 
 11.31  commissioner shall hold a hearing on the sole issue of whether 
 11.32  there is a reasonable basis to continue, modify, or lift the 
 11.33  suspension.  Evidence presented by the commissioner or denturist 
 11.34  must be by affidavit only.  The denturist or the denturist's 
 11.35  attorney of record may appear for oral argument.  Within five 
 11.36  working days after the hearing, the commissioner shall issue an 
 12.1   order and, if the suspension is continued, schedule a contested 
 12.2   case hearing within 45 days after issuance of the order.  The 
 12.3   administrative law judge shall issue a report within 30 days 
 12.4   after closing of the contested case hearing record.  The 
 12.5   commissioner shall issue a final order within 30 days after 
 12.6   receipt of that report, the hearing record, and any exceptions 
 12.7   to the report filed by the parties. 
 12.8      Subd. 5.  [AUTOMATIC SUSPENSION.] A denturist's right to 
 12.9   practice is automatically suspended if (1) a guardian is 
 12.10  appointed for a denturist, by order of a district court under 
 12.11  sections 525.54 to 525.61, or (2) the denturist is committed by 
 12.12  order of a district court under chapter 253B.  The right to 
 12.13  practice remains suspended until the denturist is restored to 
 12.14  capacity by a court and, upon petition by the denturist, the 
 12.15  suspension is terminated by the commissioner after a hearing or 
 12.16  upon agreement between the commissioner and the denturist. 
 12.17     Sec. 14.  [150B.13] [ADDITIONAL REMEDIES.] 
 12.18     Subdivision 1.  [CEASE AND DESIST.] (a) The commissioner 
 12.19  may issue a cease and desist order to stop a person from 
 12.20  violating or threatening to violate a statute, rule, or order 
 12.21  which the commissioner has issued or has authority to enforce.  
 12.22  The cease and desist order must state the reason for its 
 12.23  issuance and give notice of the person's right to request a 
 12.24  hearing under sections 14.57 to 14.62.  If, within 15 days of 
 12.25  service of the order, the subject of the order fails to request 
 12.26  a hearing in writing, the order is the final order of the 
 12.27  commissioner and is not reviewable by a court or agency. 
 12.28     (b) A hearing must be initiated by the commissioner not 
 12.29  later than 30 days from the date of the commissioner's receipt 
 12.30  of a written hearing request.  Within 30 days of receipt of the 
 12.31  administrative law judge's report, and any written agreement or 
 12.32  exceptions filed by the parties, the commissioner shall issue a 
 12.33  final order modifying, vacating, or making permanent the cease 
 12.34  and desist order as the facts require.  The final order remains 
 12.35  in effect until modified or vacated by the commissioner. 
 12.36     (c) When a request for a stay of a cease and desist order 
 13.1   accompanies a timely hearing request, the commissioner may, in 
 13.2   the commissioner's discretion, grant the stay.  If the 
 13.3   commissioner does not grant a requested stay, the commissioner 
 13.4   shall refer the request to the office of administrative hearings 
 13.5   within three working days of receipt of the request.  Within ten 
 13.6   days after receiving the request from the commissioner, an 
 13.7   administrative law judge shall issue a recommendation to grant 
 13.8   or deny the stay.  The commissioner shall grant or deny the stay 
 13.9   within five working days of receiving the administrative law 
 13.10  judge's recommendation. 
 13.11     (d) In the event of noncompliance with a cease and desist 
 13.12  order, the commissioner may institute a proceeding in district 
 13.13  court to obtain injunctive relief or other appropriate relief, 
 13.14  including a civil penalty payable to the commissioner not 
 13.15  exceeding $10,000 for each separate violation. 
 13.16     Subd. 2.  [INJUNCTIVE RELIEF.] In addition to any other 
 13.17  remedy provided by law, including the issuance of a cease and 
 13.18  desist order under subdivision 1, the commissioner may in the 
 13.19  commissioner's own name bring an action in district court for 
 13.20  injunctive relief to restrain a denturist from a violation or 
 13.21  threatened violation of any statute, rule, or order which the 
 13.22  commissioner has authority to administer, enforce, or issue. 
 13.23     Subd. 3.  [ADDITIONAL POWERS.] The issuance of a cease and 
 13.24  desist order or injunctive relief granted under this section 
 13.25  does not relieve a denturist from criminal prosecution by a 
 13.26  competent authority or from disciplinary action by the 
 13.27  commissioner. 
 13.28     Sec. 15.  [150B.14] [REPORTING OBLIGATIONS.] 
 13.29     Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
 13.30  knowledge of any conduct constituting grounds for disciplinary 
 13.31  action relating to the practice of denturism under this chapter 
 13.32  may report the violation to the commissioner. 
 13.33     Subd. 2.  [INSTITUTIONS.] A state agency, political 
 13.34  subdivision, agency of a local unit of government, private 
 13.35  agency, hospital, clinic, prepaid medical plan, or other health 
 13.36  care institution or organization located in this state shall 
 14.1   report to the commissioner any action taken by the agency, 
 14.2   institution, or organization or any of its administrators or 
 14.3   medical or other committees to revoke, suspend, restrict, or 
 14.4   condition a denturist's privilege to practice or treat patients 
 14.5   or clients in the institution, or as part of the organization, 
 14.6   any denial of privileges, or any other disciplinary action for 
 14.7   conduct that might constitute grounds for disciplinary action by 
 14.8   the commissioner under this chapter.  The institution, 
 14.9   organization, or governmental entity shall also report the 
 14.10  resignation of any denturists before the conclusion of any 
 14.11  disciplinary action proceeding for conduct that might constitute 
 14.12  grounds for disciplinary action under this chapter, or before 
 14.13  the commencement of formal charges but after the denturist had 
 14.14  knowledge that formal charges were contemplated or were being 
 14.15  prepared. 
 14.16     Subd. 3.  [PROFESSIONAL SOCIETIES.] A state or local 
 14.17  professional society for denturists shall report to the 
 14.18  commissioner any termination, revocation, or suspension of 
 14.19  membership or any other disciplinary action taken against a 
 14.20  denturist.  If the society has received a complaint that might 
 14.21  be grounds for discipline under this chapter against a member on 
 14.22  which it has not taken any disciplinary action, the society 
 14.23  shall report the complaint and the reason why it has not taken 
 14.24  action on it or shall direct the complainant to the commissioner.
 14.25     Subd. 4.  [LICENSED PROFESSIONALS.] A licensed health 
 14.26  professional shall report to the commissioner personal knowledge 
 14.27  of any conduct that the licensed health professional reasonably 
 14.28  believes constitutes grounds for disciplinary action under this 
 14.29  chapter by a denturist, including conduct indicating that the 
 14.30  denturist may be medically incompetent, or may be medically or 
 14.31  physically unable to engage safely in the provision of 
 14.32  services.  If the information was obtained in the course of a 
 14.33  client relationship, the client is a denturist, and the treating 
 14.34  individual successfully counsels the denturist to limit or 
 14.35  withdraw from practice to the extent required by the impairment, 
 14.36  the commissioner may deem this limitation of or withdrawal from 
 15.1   practice to be sufficient disciplinary action. 
 15.2      Subd. 5.  [INSURERS.] (a) Each insurer authorized to sell 
 15.3   insurance described in section 60A.06, subdivision 1, clause 
 15.4   (13), and providing professional liability insurance to 
 15.5   denturists or the medical joint underwriting association under 
 15.6   chapter 62F, shall submit to the commissioner quarterly reports 
 15.7   concerning the denturists against whom malpractice settlements 
 15.8   and awards have been made.  The report must contain at least the 
 15.9   following information: 
 15.10     (1) the total number of malpractice settlements or awards 
 15.11  made; 
 15.12     (2) the date the malpractice settlements or awards were 
 15.13  made; 
 15.14     (3) the allegations contained in the claim or complaint 
 15.15  leading to the settlements or awards made; 
 15.16     (4) the dollar amount of each settlement or award; 
 15.17     (5) the address of the practice of the denturist against 
 15.18  whom an award was made or with whom a settlement was made; and 
 15.19     (6) the name of the denturist against whom an award was 
 15.20  made or with whom a settlement was made. 
 15.21     (b) The insurance company shall, in addition to the above 
 15.22  information, submit to the commissioner any information, 
 15.23  records, and files, including clients' charts and records, it 
 15.24  possesses that tend to substantiate a charge that a denturist 
 15.25  may have engaged in conduct violating this chapter. 
 15.26     Subd. 6.  [SELF REPORTING.] A denturist shall report to the 
 15.27  commissioner any personal action that would require that a 
 15.28  report be filed with the commissioner by any person, health care 
 15.29  facility, business, or organization under subdivisions 2 to 5.  
 15.30  The denturist shall also report the revocation, suspension, 
 15.31  restriction, limitation, or other disciplinary action in this 
 15.32  state and report the filing of charges regarding the denturist's 
 15.33  license or right of practice in another state or jurisdiction. 
 15.34     Subd. 7.  [DEADLINES; FORMS.] Reports required by 
 15.35  subdivisions 2 to 6 must be submitted no later than 30 days 
 15.36  after the reporter learns of the occurrence of the reportable 
 16.1   event or transaction.  The commissioner may provide forms for 
 16.2   the submission of the reports required by this section, may 
 16.3   require that reports be submitted on the forms provided, and may 
 16.4   adopt rules necessary to assure prompt and accurate reporting. 
 16.5      Sec. 16.  [150B.15] [INVESTIGATIONS; PROFESSIONAL 
 16.6   COOPERATION; EXCHANGING INFORMATION.] 
 16.7      Subdivision 1.  [COOPERATION.] A denturist who is the 
 16.8   subject of an investigation, or who is questioned in connection 
 16.9   with an investigation, by or on behalf of the commissioner, 
 16.10  shall cooperate fully with the investigation.  Cooperation 
 16.11  includes responding fully to any question raised by or on behalf 
 16.12  of the commissioner relating to the subject of the investigation 
 16.13  whether tape recorded or not.  Challenges to requests of the 
 16.14  commissioner may be brought before the appropriate agency or 
 16.15  court. 
 16.16     Subd. 2.  [EXCHANGING INFORMATION.] (a) The commissioner 
 16.17  shall establish internal operating procedures for: 
 16.18     (1) exchanging information with state boards; agencies, 
 16.19  including the office of ombudsman for mental health and mental 
 16.20  retardation; health-related and law enforcement facilities; 
 16.21  departments responsible for licensing health-related 
 16.22  occupations, facilities, and programs; and law enforcement 
 16.23  personnel in this and other states; and 
 16.24     (2) coordinating investigations involving matters within 
 16.25  the jurisdiction of more than one regulatory agency. 
 16.26     (b) The procedures for exchanging information must provide 
 16.27  for forwarding to an entity described in paragraph (a), clause 
 16.28  (1), any information or evidence, including the results of 
 16.29  investigations, that is relevant to matters within the 
 16.30  regulatory jurisdiction of that entity.  The data have the same 
 16.31  classification in the possession of the agency receiving the 
 16.32  data as they have in the possession of the agency providing the 
 16.33  data. 
 16.34     (c) The commissioner shall establish procedures for 
 16.35  exchanging information with other states regarding disciplinary 
 16.36  action against denturists. 
 17.1      (d) The commissioner shall forward to another governmental 
 17.2   agency any complaints received by the commissioner that do not 
 17.3   relate to the commissioner's jurisdiction but that relate to 
 17.4   matters within the jurisdiction of the other governmental agency.
 17.5   The agency to which a complaint is forwarded shall advise the 
 17.6   commissioner of the disposition of the complaint.  A complaint 
 17.7   or other information received by another governmental agency 
 17.8   relating to a statute or rule that the commissioner is empowered 
 17.9   to enforce must be forwarded to the commissioner to be processed 
 17.10  according to this section. 
 17.11     (e) The commissioner shall furnish to a person who made a 
 17.12  complaint regarding a denturist a description of the actions of 
 17.13  the commissioner relating to the complaint. 
 17.14                             ARTICLE 2 
 17.15                       CONFORMING AMENDMENTS 
 17.16     Section 1.  Minnesota Statutes 2002, section 116J.70, 
 17.17  subdivision 2a, is amended to read: 
 17.18     Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
 17.19  "license" does not include the following:  
 17.20     (1) any occupational license or registration issued by a 
 17.21  licensing board listed in section 214.01 or any occupational 
 17.22  registration issued by the commissioner of health pursuant to 
 17.23  section 214.13; 
 17.24     (2) any license issued by a county, home rule charter city, 
 17.25  statutory city, township, or other political subdivision; 
 17.26     (3) any license required to practice the following 
 17.27  occupation regulated by the following sections:  
 17.28     (i) abstracters regulated pursuant to chapter 386; 
 17.29     (ii) accountants regulated pursuant to chapter 326A; 
 17.30     (iii) adjusters regulated pursuant to chapter 72B; 
 17.31     (iv) architects regulated pursuant to chapter 326; 
 17.32     (v) assessors regulated pursuant to chapter 270; 
 17.33     (vi) athletic trainers regulated pursuant to chapter 148; 
 17.34     (vii) attorneys regulated pursuant to chapter 481; 
 17.35     (viii) auctioneers regulated pursuant to chapter 330; 
 17.36     (ix) barbers regulated pursuant to chapter 154; 
 18.1      (x) beauticians regulated pursuant to chapter 155A; 
 18.2      (xi) boiler operators regulated pursuant to chapter 183; 
 18.3      (xii) chiropractors regulated pursuant to chapter 148; 
 18.4      (xiii) collection agencies regulated pursuant to chapter 
 18.5   332; 
 18.6      (xiv) cosmetologists regulated pursuant to chapter 155A; 
 18.7      (xv) dentists, registered dental assistants, and dental 
 18.8   hygienists regulated pursuant to chapter 150A; 
 18.9      (xvi) denturists regulated pursuant to chapter 150B; 
 18.10     (xvii) detectives regulated pursuant to chapter 326; 
 18.11     (xvii) (xviii) electricians regulated pursuant to chapter 
 18.12  326; 
 18.13     (xviii) (xix) mortuary science practitioners regulated 
 18.14  pursuant to chapter 149A; 
 18.15     (xix) (xx) engineers regulated pursuant to chapter 326; 
 18.16     (xx) (xxi) insurance brokers and salespersons regulated 
 18.17  pursuant to chapter 60A; 
 18.18     (xxi) (xxii) certified interior designers regulated 
 18.19  pursuant to chapter 326; 
 18.20     (xxii) (xxiii) midwives regulated pursuant to chapter 147D; 
 18.21     (xxiii) (xxiv) nursing home administrators regulated 
 18.22  pursuant to chapter 144A; 
 18.23     (xxiv) (xxv) optometrists regulated pursuant to chapter 
 18.24  148; 
 18.25     (xxv) (xxvi) osteopathic physicians regulated pursuant to 
 18.26  chapter 147; 
 18.27     (xxvi) (xxvii) pharmacists regulated pursuant to chapter 
 18.28  151; 
 18.29     (xxvii) (xxviii) physical therapists regulated pursuant to 
 18.30  chapter 148; 
 18.31     (xxviii) (xxix) physician assistants regulated pursuant to 
 18.32  chapter 147A; 
 18.33     (xxix) (xxx) physicians and surgeons regulated pursuant to 
 18.34  chapter 147; 
 18.35     (xxx) (xxxi) plumbers regulated pursuant to chapter 326; 
 18.36     (xxxi) (xxxii) podiatrists regulated pursuant to chapter 
 19.1   153; 
 19.2      (xxxii) (xxxiii) practical nurses regulated pursuant to 
 19.3   chapter 148; 
 19.4      (xxxiii) (xxxiv) professional fund raisers regulated 
 19.5   pursuant to chapter 309; 
 19.6      (xxxiv) (xxxv) psychologists regulated pursuant to chapter 
 19.7   148; 
 19.8      (xxxv) (xxxvi) real estate brokers, salespersons, and 
 19.9   others regulated pursuant to chapters 82 and 83; 
 19.10     (xxxvi) (xxxvii) registered nurses regulated pursuant to 
 19.11  chapter 148; 
 19.12     (xxxvii) (xxxviii) securities brokers, dealers, agents, and 
 19.13  investment advisers regulated pursuant to chapter 80A; 
 19.14     (xxxviii) (xxxix) steamfitters regulated pursuant to 
 19.15  chapter 326; 
 19.16     (xxxix) (xl) teachers and supervisory and support personnel 
 19.17  regulated pursuant to chapter 125; 
 19.18     (xl) (xli) veterinarians regulated pursuant to chapter 156; 
 19.19     (xli) (xlii) water conditioning contractors and installers 
 19.20  regulated pursuant to chapter 326; 
 19.21     (xlii) (xliii) water well contractors regulated pursuant to 
 19.22  chapter 103I; 
 19.23     (xliii) (xliv) water and waste treatment operators 
 19.24  regulated pursuant to chapter 115; 
 19.25     (xliv) (xlv) motor carriers regulated pursuant to chapter 
 19.26  221; 
 19.27     (xlv) (xlvi) professional firms regulated under chapter 
 19.28  319B; 
 19.29     (xlvi) (xlvii) real estate appraisers regulated pursuant to 
 19.30  chapter 82B; or 
 19.31     (xlvii) (xlviii) residential building contractors, 
 19.32  residential remodelers, residential roofers, manufactured home 
 19.33  installers, and specialty contractors regulated pursuant to 
 19.34  chapter 326; 
 19.35     (4) any driver's license required pursuant to chapter 171; 
 19.36     (5) any aircraft license required pursuant to chapter 360; 
 20.1      (6) any watercraft license required pursuant to chapter 
 20.2   86B; 
 20.3      (7) any license, permit, registration, certification, or 
 20.4   other approval pertaining to a regulatory or management program 
 20.5   related to the protection, conservation, or use of or 
 20.6   interference with the resources of land, air, or water, which is 
 20.7   required to be obtained from a state agency or instrumentality; 
 20.8   and 
 20.9      (8) any pollution control rule or standard established by 
 20.10  the pollution control agency or any health rule or standard 
 20.11  established by the commissioner of health or any licensing rule 
 20.12  or standard established by the commissioner of human services. 
 20.13     Sec. 2.  Minnesota Statutes 2002, section 144.335, 
 20.14  subdivision 1, is amended to read: 
 20.15     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 20.16  section, the following terms have the meanings given them: 
 20.17     (a) "Patient" means a natural person who has received 
 20.18  health care services from a provider for treatment or 
 20.19  examination of a medical, psychiatric, or mental condition, the 
 20.20  surviving spouse and parents of a deceased patient, or a person 
 20.21  the patient appoints in writing as a representative, including a 
 20.22  health care agent acting pursuant to chapter 145C, unless the 
 20.23  authority of the agent has been limited by the principal in the 
 20.24  principal's health care directive.  Except for minors who have 
 20.25  received health care services pursuant to sections 144.341 to 
 20.26  144.347, in the case of a minor, patient includes a parent or 
 20.27  guardian, or a person acting as a parent or guardian in the 
 20.28  absence of a parent or guardian. 
 20.29     (b) "Provider" means (1) any person who furnishes health 
 20.30  care services and is regulated to furnish the services pursuant 
 20.31  to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 150A, 
 20.32  150B, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a 
 20.33  home care provider licensed under section 144A.46; (3) a health 
 20.34  care facility licensed pursuant to this chapter or chapter 144A; 
 20.35  (4) a physician assistant registered under chapter 147A; and (5) 
 20.36  an unlicensed mental health practitioner regulated pursuant to 
 21.1   sections 148B.60 to 148B.71. 
 21.2      (c) "Individually identifiable form" means a form in which 
 21.3   the patient is or can be identified as the subject of the health 
 21.4   records. 
 21.5      Sec. 3.  Minnesota Statutes 2002, section 150A.05, 
 21.6   subdivision 2, is amended to read: 
 21.7      Subd. 2.  [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES 
 21.8   AND OPERATIONS.] Sections 150A.01 to 150A.12 do not apply to: 
 21.9      (1) the practice of dentistry or dental hygiene in any 
 21.10  branch of the armed services of the United States, the United 
 21.11  States Public Health Service, or the United States Veterans 
 21.12  Administration; 
 21.13     (2) the practice of dentistry, dental hygiene, or dental 
 21.14  assisting by undergraduate dental students, dental hygiene 
 21.15  students, and dental assisting students of the University of 
 21.16  Minnesota, schools of dental hygiene, or schools of dental 
 21.17  assisting approved by the board, when acting under the direction 
 21.18  and supervision of a licensed dentist or a licensed dental 
 21.19  hygienist acting as an instructor; 
 21.20     (3) the practice of dentistry by licensed dentists of other 
 21.21  states or countries while appearing as clinicians under the 
 21.22  auspices of a duly approved dental school or college, or a 
 21.23  reputable dental society, or a reputable dental study club 
 21.24  composed of dentists; 
 21.25     (4) the actions of persons while they are taking 
 21.26  examinations for licensure or registration administered or 
 21.27  approved by the board pursuant to sections 150A.03, subdivision 
 21.28  1, and 150A.06, subdivisions 1, 2, and 2a; 
 21.29     (5) the practice of dentistry by dentists and dental 
 21.30  hygienists licensed by other states during their functioning as 
 21.31  examiners responsible for conducting licensure or registration 
 21.32  examinations administered by regional and national testing 
 21.33  agencies with whom the board is authorized to affiliate and 
 21.34  participate under section 150A.03, subdivision 1, and the 
 21.35  practice of dentistry by the regional and national testing 
 21.36  agencies during their administering examinations pursuant to 
 22.1   section 150A.03, subdivision 1; 
 22.2      (6) the use of X-rays or other diagnostic imaging 
 22.3   modalities for making radiographs or other similar records in a 
 22.4   hospital under the supervision of a physician or dentist or by a 
 22.5   person who is credentialed to use diagnostic imaging modalities 
 22.6   or X-ray machines for dental treatment, roentgenograms, or 
 22.7   dental diagnostic purposes by a credentialing agency other than 
 22.8   the board of dentistry; or 
 22.9      (7) the service, other than service performed directly upon 
 22.10  the person of a patient, of constructing, altering, repairing, 
 22.11  or duplicating any denture, partial denture, crown, bridge, 
 22.12  splint, orthodontic, prosthetic, or other dental appliance, when 
 22.13  performed according to a written work order from a licensed 
 22.14  dentist in accordance with section 150A.10, subdivision 3; or 
 22.15     (8) services that are included within the practice of 
 22.16  denturism, as defined in section 150B.01, and that are provided 
 22.17  by denturists licensed under chapter 150B. 
 22.18     Sec. 4.  Minnesota Statutes 2002, section 319B.40, is 
 22.19  amended to read: 
 22.20     319B.40 [PROFESSIONAL HEALTH SERVICES.] 
 22.21     (a) Individuals who furnish professional services pursuant 
 22.22  to a license, registration, or certificate issued by the state 
 22.23  of Minnesota to practice medicine pursuant to sections 147.01 to 
 22.24  147.22, as a physician assistant pursuant to sections 147A.01 to 
 22.25  147A.27, chiropractic pursuant to sections 148.01 to 148.106, 
 22.26  registered nursing pursuant to sections 148.171 to 148.285, 
 22.27  optometry pursuant to sections 148.52 to 148.62, psychology 
 22.28  pursuant to sections 148.88 to 148.98, social work pursuant to 
 22.29  sections 148B.18 to 148B.289, dentistry pursuant to sections 
 22.30  150A.01 to 150A.12, pharmacy pursuant to sections 151.01 to 
 22.31  151.40, or podiatric medicine pursuant to sections 153.01 to 
 22.32  153.26 are specifically authorized to practice any of these 
 22.33  categories of services in combination if the individuals are 
 22.34  organized under this chapter. 
 22.35     (b) Denturists licensed pursuant to chapter 150B are 
 22.36  authorized to provide professional services in combination with 
 23.1   dentists licensed pursuant to sections 150A.01 to 150A.12 if the 
 23.2   individuals providing the services are organized under this 
 23.3   chapter and if the combination does not impede the independent 
 23.4   professional judgment of either party. 
 23.5      (c) This authorization does not authorize an individual to 
 23.6   practice any profession, or furnish a professional service, for 
 23.7   which the individual is not licensed, registered, or certified, 
 23.8   but otherwise applies regardless of any contrary provision of a 
 23.9   licensing statute or rules adopted pursuant to that statute, 
 23.10  related to practicing and organizing in combination with other 
 23.11  health services professionals.