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HF 556

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/27/2005

Current Version - as introduced

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A bill for an act
relating to health occupations; establishing licensure
for denturists; amending Minnesota Statutes 2004,
sections 150A.01, by adding subdivisions; 150A.02;
150A.04, subdivision 5; 150A.05, subdivision 2, by
adding a subdivision; 150A.06, subdivisions 2b, 2d, 4,
6, by adding subdivisions; 150A.08, subdivisions 1,
3a, 5; 150A.09, subdivisions 1, 3; 150A.10,
subdivision 3, by adding a subdivision; 150A.11,
subdivisions 2, 3, 4; 150A.12; 150A.21.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 150A.01, is
amended by adding a subdivision to read:


new text begin Subd. 5a. new text end

new text begin Denture. new text end

new text begin "Denture" means a removable full or
partial upper or lower dental appliance to be worn in the mouth
to replace missing natural teeth.
new text end

Sec. 2.

Minnesota Statutes 2004, section 150A.01, is
amended by adding a subdivision to read:


new text begin Subd. 5b. new text end

new text begin Denturist. new text end

new text begin "Denturist" means a person licensed
under sections 150A.01 to 150A.12 to perform the services
authorized under section 150A.05, subdivision 1b, in compliance
with section 150A.10.
new text end

Sec. 3.

Minnesota Statutes 2004, section 150A.02, is
amended to read:


150A.02 BOARD OF DENTISTRY.

Subdivision 1. There is hereby created a Board of
Dentistry whose duty it shall be to carry out the purposes and
enforce the provisions of sections 150A.01 to 150A.12. The
board shall consist of two public members as defined by section
214.02, five qualified resident dentists, one qualified resident
registered dental assistant, deleted text begin and deleted text end one qualified resident dental
hygienistnew text begin , and one qualified resident denturist new text end appointed by the
governor. Membership terms, compensation of members, removal of
members, the filling of membership vacancies, and fiscal year
and reporting requirements shall be as provided in sections
214.07 to 214.09. The provision of staff, administrative
services and office space; the review and processing of board
complaints; the setting of board fees; and other provisions
relating to board operations shall be as provided in chapter
214. Each board member who is a dentist, registered dental
assistant, deleted text begin or deleted text end dental hygienistnew text begin , or denturist appointed after
January 1, 2009,
new text end shall have been lawfully in active practice in
this state for five years immediately preceding appointment; and
no board member shall be eligible for appointment to more than
two consecutive four-year terms, and members serving on the
board at the time of the enactment hereof shall be eligible to
reappointment provided they shall not have served more than nine
consecutive years at the expiration of the term to which they
are to be appointed. At least 90 days prior to the expiration
of the terms of dentists, registered dental assistants, or
dental hygienists, the Minnesota Dental Association, Minnesota
Dental Assistants Association, or the Minnesota State Dental
Hygiene Association shall recommend to the governor for each
term expiring not less than two dentists, two registered dental
assistants, or two dental hygienists, respectively, who are
qualified to serve on the board, and from the list so
recommended the governor may appoint members to the board for
the term of four years, the appointments to be made within 30
days after the expiration of the terms. Within 60 days after
the occurrence of a dentist, registered dental assistant or
dental hygienist vacancy, prior to the expiration of the term,
in the board, the Minnesota Dental Association, the Minnesota
Dental Assistants Association, or the Minnesota State Dental
Hygiene Association shall recommend to the governor not less
than two dentists, two registered dental assistants, or two
dental hygienists, who are qualified to serve on the board and
from the list so recommended the governor, within 30 days after
receiving such list of dentists, may appoint one member to the
board for the unexpired term occasioned by such vacancy. Any
appointment to fill a vacancy shall be made within 90 days after
the occurrence of such vacancy. The first four-year term of the
deleted text begin dental hygienist and of the registered dental
assistant
deleted text end new text begin denturist new text end shall commence on the first Monday in
Januarydeleted text begin , 1977 deleted text end new text begin 2007new text end .

Sec. 4.

Minnesota Statutes 2004, section 150A.04,
subdivision 5, is amended to read:


Subd. 5.

Rules.

The board may promulgate rules as are
necessary to carry out and make effective the provisions and
purposes of sections 150A.01 to 150A.12, in accordance with
chapter 14. The rules may specify training and education
necessary for administering general anesthesia and intravenous
conscious sedation. new text begin The rules may specify a statement of oral
conditions and other record retention requirements, training,
and education requirements, and the specification of other
procedures incidental to the practice of denturism.
new text end

Sec. 5.

Minnesota Statutes 2004, section 150A.05, is
amended by adding a subdivision to read:


new text begin Subd. 1b. new text end

new text begin Practice of denturists. new text end

new text begin A person is practicing
as a denturist within the meaning of sections 150A.01 to 150A.12
if the person:
new text end

new text begin (1) takes denture impressions and bite registration for the
purpose of making, producing, reproducing, constructing,
finishing, supplying, altering, or repairing a complete upper or
complete lower prosthetic denture, or both, to be fitted to an
edentulous arch or arches;
new text end

new text begin (2) fits a complete upper or lower prosthetic denture, or
both, to an edentulous arch or arches, including making,
producing, reproducing, constructing, finishing, supplying,
altering, and repairing dentures; and
new text end

new text begin (3) performs procedures incidental to those in clauses (1)
and (2), as defined by the board.
new text end

Sec. 6.

Minnesota Statutes 2004, section 150A.05,
subdivision 2, is amended to read:


Subd. 2.

Exemptions and exceptions of certain practices
and operations.

Sections 150A.01 to 150A.12 do not apply to:

(1) the practice of dentistry deleted text begin or deleted text end new text begin ,new text end dental hygienenew text begin , or
denturism
new text end in any branch of the armed services of the United
States, the United States Public Health Service, or the United
States Veterans Administration;

(2) the practice of dentistry, dental hygiene, deleted text begin or deleted text end dental
assistingnew text begin , or denturism new text end by undergraduate dental students, dental
hygiene students, deleted text begin and deleted text end dental assisting studentsnew text begin , and denturist
students
new text end of the University of Minnesota, schools of dental
hygiene, or schools of dental assisting new text begin or denturism new text end approved by
the board, when acting under the direction and supervision of a
licensed dentist or a licensed dental hygienist acting as an
instructor;

(3) the practice of dentistry by licensed dentists of other
states or countries while appearing as clinicians under the
auspices of a duly approved dental school or college, or a
reputable dental society, or a reputable dental study club
composed of dentists;

(4) the actions of persons while they are taking
examinations for licensure or registration administered or
approved by the board pursuant to sections 150A.03, subdivision
1, and 150A.06, subdivisions 1, 2, and 2a;

(5) the practice of dentistry by dentistsnew text begin , denturists,new text end and
dental hygienists licensed by other states during their
functioning as examiners responsible for conducting licensure or
registration examinations administered by regional and national
testing agencies with whom the board is authorized to affiliate
and participate under section 150A.03, subdivision 1, and the
practice of dentistry by the regional and national testing
agencies during their administering examinations pursuant to
section 150A.03, subdivision 1;

(6) the use of X-rays or other diagnostic imaging
modalities for making radiographs or other similar records in a
hospital under the supervision of a physician or dentist or by a
person who is credentialed to use diagnostic imaging modalities
or X-ray machines for dental treatment, roentgenograms, or
dental diagnostic purposes by a credentialing agency other than
the Board of Dentistry; or

(7) the service, other than service performed directly upon
the person of a patient, of constructing, altering, repairing,
or duplicating any denture, partial denture, crown, bridge,
splint, orthodontic, prosthetic, or other dental appliance, when
performed according to a written work order from a licensed
dentist new text begin or a licensed denturist new text end in accordance with section
150A.10, subdivision 3.

Sec. 7.

Minnesota Statutes 2004, section 150A.06, is
amended by adding a subdivision to read:


new text begin Subd. 1d. new text end

new text begin Denturists. new text end

new text begin The board shall issue a license to
practice as a denturist to an applicant who:
new text end

new text begin (1) submits a completed application to the board on a form
provided by the board;
new text end

new text begin (2) submits the fees prescribed by the board;
new text end

new text begin (3) submits documentation of successful completion of the
program at a board-approved denturism postsecondary institution
or has successfully completed an equivalent denturist
educational program approved by the board, if the program
conforms to the international baseline competencies as defined
by the International Federation of Denturists and includes
courses in oral pathology, infection control, medical
emergencies, and clinical experience; and
new text end

new text begin (4) passes a written examination and clinical examination
concerning, but not limited to, dental materials, dental
technology, Department of Health and Human Services Centers for
Disease Control guidelines, head and oral anatomy and
physiology, oral pathology, partial denture construction and
design, microbiology, dental laboratory technology, asepsis,
medical emergencies, and cardiopulmonary resuscitation. The
examinations must conform to the international baseline
competencies as defined by the International Federation of
Denturists. An applicant who fails the clinical examination
twice is ineligible to retake the clinical examination until the
applicant obtains further education and training specified by
the board.
new text end

Sec. 8.

Minnesota Statutes 2004, section 150A.06, is
amended by adding a subdivision to read:


new text begin Subd. 1e. new text end

new text begin Temporary denturist permit. new text end

new text begin The board may
issue a temporary permit to an applicant who demonstrates to the
satisfaction of the board a minimum of five years of a
combination of training and experience in denture technology or
as a denture laboratory technician. The permit expires one year
after the date of issue and may be renewed. The board may
charge the applicant an annual permit fee. A permit holder must
practice denturism under the direct supervision of a licensed
dentist or licensed denturist. The board shall keep a record of
licensed dentists and licensed denturists who supervise permit
holders. A permit holder may take the written examination and
clinical examination described under subdivision 1d and approved
by the board after holding a permit for one year. If a passing
grade is achieved and the permit holder meets the requirements
specified under subdivision 1d, clauses (1) and (2), the board
shall issue a license.
new text end

Sec. 9.

Minnesota Statutes 2004, section 150A.06,
subdivision 2b, is amended to read:


Subd. 2b.

Examination.

When the Board of Dentistry
administers the examination for licensure or registration, only
those board members or board-appointed deputy examiners
qualified for the particular examination may administer it. An
examination which the board requires as a condition of licensure
or registration must have been taken within the five years
before the board receives the application for licensure or
registration. new text begin The board may contract with international,
national, or regional examiners to prepare, administer, and
grade the examinations for licensure required under subdivision
1d, clause (4).
new text end

Sec. 10.

Minnesota Statutes 2004, section 150A.06,
subdivision 2d, is amended to read:


Subd. 2d.

Volunteer and retired dentists, dental
hygienists, new text begin denturists,new text end and registered dental assistants
continuing education and professional development waiver.

(a)
The board shall grant a waiver to the continuing education
requirements under this chapter for a licensed dentist, licensed
dental hygienist, new text begin licensed denturist,new text end or registered dental
assistant who documents to the satisfaction of the board that
the dentist, dental hygienist, new text begin denturist,new text end or registered dental
assistant has retired from active practice in the state and
limits the provision of dental care services to those offered
without compensation in a public health, community, or tribal
clinic or a nonprofit organization that provides services to the
indigent or to recipients of medical assistance, general
assistance medical care, or MinnesotaCare programs.

(b) The board may require written documentation from the
volunteer and retired dentist, dental hygienist, new text begin denturist,new text end or
registered dental assistant prior to granting this waiver.

(c) The board shall require the volunteer and retired
dentist, dental hygienist, new text begin denturist,new text end or registered dental
assistant to meet the following requirements:

(1) a licensee or registrant seeking a waiver under this
subdivision must complete and document at least five hours of
approved courses in infection control, medical emergencies, and
medical management for the continuing education cycle; and

(2) provide documentation of certification in advanced or
basic cardiac life support recognized by the American Heart
Association, the American Red Cross, or an equivalent entity.

Sec. 11.

Minnesota Statutes 2004, section 150A.06,
subdivision 4, is amended to read:


Subd. 4.

Licensure by credentials.

(a) Any dentistnew text begin ,
denturist,
new text end or dental hygienist may, upon application and payment
of a fee established by the board, apply for licensure based on
the applicant's performance record in lieu of passing an
examination approved by the board according to section 150A.03,
subdivision 1, and be interviewed by the board to determine if
the applicant:

(1) has been in active practice at least 2,000 hours within
36 months of the application date, or passed a board-approved
reentry program within 36 months of the application date;

(2) currently has a license in another state or Canadian
province and is not subject to any pending or final disciplinary
action, or if not currently licensed, previously had a license
in another state or Canadian province in good standing that was
not subject to any final or pending disciplinary action at the
time of surrender;

(3) is of good moral character and abides by professional
ethical conduct requirements;

(4) at board discretion, has passed a board-approved
English proficiency test if English is not the applicant's
primary language; and

(5) meets other credentialing requirements specified in
board rule.

(b) An applicant who fulfills the conditions of this
subdivision and demonstrates the minimum knowledge in dental
subjects required for licensure under subdivision 1new text begin , 1d,new text end or 2
must be licensed to practice the applicant's profession.

(c) If the applicant does not demonstrate the minimum
knowledge in dental subjects required for licensure under
subdivision 1new text begin , 1d,new text end or 2, the application must be denied. When
denying a license, the board may notify the applicant of any
specific remedy that the applicant could take which, when
passed, would qualify the applicant for licensure. A denial
does not prohibit the applicant from applying for licensure
under subdivision 1new text begin , 1d,new text end or 2.

(d) A candidate whose application has been denied may
appeal the decision to the board according to subdivision 4a.

Sec. 12.

Minnesota Statutes 2004, section 150A.06,
subdivision 6, is amended to read:


Subd. 6.

Display of name and certificates.

The initial
license and subsequent renewal, or current registration
certificate, of every dentist, dental hygienist, new text begin denturist,new text end or
dental assistant shall be conspicuously displayed in every
office in which that person practices, in plain sight of
patients. Near or on the entrance door to every office where
dentistry is practiced, the name of each dentist practicing
there, as inscribed on the current license certificate, shall be
displayed in plain sight.

Sec. 13.

Minnesota Statutes 2004, section 150A.08,
subdivision 1, is amended to read:


Subdivision 1.

Grounds.

The board may refuse or by order
suspend or revoke, limit or modify by imposing conditions it
deems necessary, any license to practice dentistry deleted text begin or deleted text end new text begin ,new text end dental
hygienenew text begin , or denturism new text end or the registration of any dental
assistant upon any of the following grounds:

(1) fraud or deception in connection with the practice of
dentistry or the securing of a license or registration
certificate;

(2) conviction, including a finding or verdict of guilt, an
admission of guilt, or a no contest plea, in any court of a
felony or gross misdemeanor reasonably related to the practice
of dentistry as evidenced by a certified copy of the conviction;

(3) conviction, including a finding or verdict of guilt, an
admission of guilt, or a no contest plea, in any court of an
offense involving moral turpitude as evidenced by a certified
copy of the conviction;

(4) habitual overindulgence in the use of intoxicating
liquors;

(5) improper or unauthorized prescription, dispensing,
administering, or personal or other use of any legend drug as
defined in chapter 151, of any chemical as defined in chapter
151, or of any controlled substance as defined in chapter 152;

(6) conduct unbecoming a person licensed to practice
dentistry deleted text begin or deleted text end new text begin ,new text end dental hygienenew text begin , or denturism new text end or registered as a
dental assistant, or conduct contrary to the best interest of
the public, as such conduct is defined by the rules of the
board;

(7) gross immorality;

(8) any physical, mental, emotional, or other disability
which adversely affects a dentist's, dental
hygienist's, new text begin denturist's,new text end or registered dental assistant's
ability to perform the service for which the person is licensed
or registered;

(9) revocation or suspension of a license, registration, or
equivalent authority to practice, or other disciplinary action
or denial of a license or registration application taken by a
licensing, registering, or credentialing authority of another
state, territory, or country as evidenced by a certified copy of
the licensing authority's order, if the disciplinary action or
application denial was based on facts that would provide a basis
for disciplinary action under this chapter and if the action was
taken only after affording the credentialed person or applicant
notice and opportunity to refute the allegations or pursuant to
stipulation or other agreement;

(10) failure to maintain adequate safety and sanitary
conditions for a dental office in accordance with the standards
established by the rules of the board;

(11) employing, assisting, or enabling in any manner an
unlicensed person to practice dentistry;

(12) failure or refusal to attend, testify, and produce
records as directed by the board under subdivision 7;

(13) violation of, or failure to comply with, any other
provisions of sections 150A.01 to 150A.12, the rules of the
Board of Dentistry, or any disciplinary order issued by the
board, section 144.335 or 595.02, subdivision 1, paragraph (d),
or for any other just cause related to the practice of
dentistry. Suspension, revocation, modification or limitation
of any license shall not be based upon any judgment as to
therapeutic or monetary value of any individual drug prescribed
or any individual treatment rendered, but only upon a repeated
pattern of conduct;

(14) knowingly providing false or misleading information
that is directly related to the care of that patient unless done
for an accepted therapeutic purpose such as the administration
of a placebo; or

(15) aiding suicide or aiding attempted suicide in
violation of section 609.215 as established by any of the
following:

(i) a copy of the record of criminal conviction or plea of
guilty for a felony in violation of section 609.215, subdivision
1 or 2;

(ii) a copy of the record of a judgment of contempt of
court for violating an injunction issued under section 609.215,
subdivision 4;

(iii) a copy of the record of a judgment assessing damages
under section 609.215, subdivision 5; or

(iv) a finding by the board that the person violated
section 609.215, subdivision 1 or 2. The board shall
investigate any complaint of a violation of section 609.215,
subdivision 1 or 2.

Sec. 14.

Minnesota Statutes 2004, section 150A.08,
subdivision 3a, is amended to read:


Subd. 3a.

Costs; additional penalties.

(a) The board may
impose a civil penalty not exceeding $10,000 for each separate
violation, the amount of the civil penalty to be fixed so as to
deprive a licensee or registrant of any economic advantage
gained by reason of the violation, to discourage similar
violations by the licensee or registrant or any other licensee
or registrant, or to reimburse the board for the cost of the
investigation and proceeding, including, but not limited to,
fees paid for services provided by the Office of Administrative
Hearings, legal and investigative services provided by the
Office of the Attorney General, court reporters, witnesses,
reproduction of records, board members' per diem compensation,
board staff time, and travel costs and expenses incurred by
board staff and board members.

(b) In addition to costs and penalties imposed under
paragraph (a), the board may also:

(1) order the dentist, dental hygienist, new text begin denturist,new text end or
dental assistant to provide unremunerated service;

(2) censure or reprimand the dentist, dental
hygienist, new text begin denturist,new text end or dental assistant; or

(3) any other action as allowed by law and justified by the
facts of the case.

Sec. 15.

Minnesota Statutes 2004, section 150A.08,
subdivision 5, is amended to read:


Subd. 5.

Medical examinations.

If the board has probable
cause to believe that a dentist, dental hygienist, new text begin denturist,
new text end registered dental assistant, or applicant engages in acts
described in subdivision 1, clause (4) or (5), or has a
condition described in subdivision 1, clause (8), it shall
direct the dentist, dental hygienist, new text begin denturist,new text end assistant, or
applicant to submit to a mental or physical examination or a
chemical dependency assessment. For the purpose of this
subdivision, every dentist, hygienist, new text begin denturist,new text end or assistant
licensed or registered under this chapter or person submitting
an application for a license or registration is deemed to have
given consent to submit to a mental or physical examination when
directed in writing by the board and to have waived all
objections in any proceeding under this section to the
admissibility of the examining physician's testimony or
examination reports on the ground that they constitute a
privileged communication. Failure to submit to an examination
without just cause may result in an application being denied or
a default and final order being entered without the taking of
testimony or presentation of evidence, other than evidence which
may be submitted by affidavit, that the licensee, registrant, or
applicant did not submit to the examination. A dentist, dental
hygienist, new text begin denturist,new text end registered dental assistant, or applicant
affected under this section shall at reasonable intervals be
afforded an opportunity to demonstrate ability to start or
resume the competent practice of dentistry or perform the duties
of a dental hygienistnew text begin , denturist,new text end or registered dental assistant
with reasonable skill and safety to patients. In any proceeding
under this subdivision, neither the record of proceedings nor
the orders entered by the board is admissible, is subject to
subpoena, or may be used against the dentist, dental
hygienist, new text begin denturist,new text end registered dental assistant, or applicant
in any proceeding not commenced by the board. Information
obtained under this subdivision shall be classified as private
pursuant to the Minnesota Government Data Practices Act.

Sec. 16.

Minnesota Statutes 2004, section 150A.09,
subdivision 1, is amended to read:


Subdivision 1.

Registration information and procedure.

On or before the license or registration certificate expiration
date every licensed dentist, dental hygienist, new text begin denturist,new text end and
registered dental assistant shall transmit to the executive
secretary of the board, pertinent information required by the
board, together with the fee established by the board. At least
30 days before a license or registration certificate expiration
date, the board shall send a written notice stating the amount
and due date of the fee and the information to be provided to
every licensed dentist, dental hygienist, new text begin denturist,new text end and
registered dental assistant.

Sec. 17.

Minnesota Statutes 2004, section 150A.09,
subdivision 3, is amended to read:


Subd. 3.

Current address, change of address.

Every
dentist, dental hygienist, new text begin denturist,new text end and registered dental
assistant shall maintain with the board a correct and current
mailing address. For dentists engaged in the practice of
dentistry, the address shall be that of the location of the
primary dental practice. Within 30 days after changing
addresses, every dentist, dental hygienist, new text begin denturist,new text end and
registered dental assistant shall provide the board written
notice of the new address either personally or by first class
mail.

Sec. 18.

Minnesota Statutes 2004, section 150A.10,
subdivision 3, is amended to read:


Subd. 3.

Dental technicians.

Every licensed dentist new text begin or
licensed denturist
new text end who uses the services of any unlicensed
person, other than under the dentist's supervision and within
such dentist's own office, for the purpose of constructing,
altering, repairing or duplicating any denture, partial denture,
crown, bridge, splint, orthodontic, prosthetic or other dental
appliance, shall be required to furnish such unlicensed person
with a written work order in such form as shall be prescribed by
the rules of the board; said work order shall be made in
duplicate form, a duplicate copy to be retained in a permanent
file in the dentist's new text begin or denturist's new text end office for a period of two
years, and the original to be retained in a permanent file for a
period of two years by such unlicensed person in that person's
place of business. Such permanent file of work orders to be
kept by such dentist new text begin or denturist new text end or by such unlicensed person
shall be open to inspection at any reasonable time by the board
or its duly constituted agent.

Sec. 19.

Minnesota Statutes 2004, section 150A.10, is
amended by adding a subdivision to read:


new text begin Subd. 5. new text end

new text begin Denturists. new text end

new text begin A licensed denturist may provide
those services authorized in section 150A.06, subdivision 1d.
For one year following initial licensure, a licensed denturist
must receive from the patient a certificate of oral health from
a licensed dentist or physician certifying that a denture poses
no threat to the patient's health before providing authorized
services. The certificate must be dated 60 days from the date
the services are performed by the denturist.
new text end

Sec. 20.

Minnesota Statutes 2004, section 150A.11,
subdivision 2, is amended to read:


Subd. 2.

Professional advertising.

Public advertising by
dentists new text begin or denturists new text end may be controlled by reasonable rules of
the board. Such rules shall include permission for such things
as publication of a professional card, reasonable signs on or
about the place of business, announcements of changes or opening
of offices and telephone listings.

Sec. 21.

Minnesota Statutes 2004, section 150A.11,
subdivision 3, is amended to read:


Subd. 3.

Advertising or use of dental services and
appliances.

No person shall advertise in any manner the sale,
supply, furnishing, construction, reproduction, relining, or
repair without a written work order by a licensed dentist new text begin or
licensed denturist
new text end of prosthetic dentures, bridges, plates or
other appliances to be used or worn as substitutes for natural
teeth, or for the regulation thereof. All such advertisements
shall contain the words "A written work order from a licensed
dentist new text begin or licensed denturist new text end is required" in at least 10-point
type size. Except for advertising permitted under this
subdivision, a person not licensed to practice dentistry new text begin or
denturism
new text end in this state shall not sell or offer any such service
or products to other than the dental profession or its ancillary
trades, provided, however that the mere delivery of such
products to an ultimate consumer or person acting in the
consumer's behalf for the purpose of transporting such products
to the licensed dentist new text begin or licensed denturist new text end who provided the
work order shall not violate this subdivision. This subdivision
shall not apply to mailings, displays, and advertisements the
primary distribution of which is to the dental profession or its
ancillary trades.

Sec. 22.

Minnesota Statutes 2004, section 150A.11,
subdivision 4, is amended to read:


Subd. 4.

Dividing fees.

It shall be unlawful for any
dentist new text begin or denturist new text end to divide fees with or promise to pay a
part of the dentist's new text begin or denturist's new text end fee to, or to pay a
commission to, any dentist or other person who calls the dentist
new text begin or denturist new text end in consultation or who sends patients to the
dentist new text begin or denturist new text end for treatment, or operation, but nothing
herein shall prevent licensed dentists new text begin or licensed denturists
new text end from forming a bona fide partnership for the practice of
dentistry, nor to the actual employment by a licensed dentist of
a licensed dental hygienistnew text begin , licensed denturist,new text end or another
licensed dentist.

Sec. 23.

Minnesota Statutes 2004, section 150A.12, is
amended to read:


150A.12 VIOLATION AND DEFENSES.

Every person who violates any of the provisions of sections
150A.01 to 150A.12 for which no specific penalty is provided
herein, shall be guilty of a gross misdemeanor; and, upon
conviction, punished by a fine of not more than $3,000 or by
imprisonment in the county jail for not more than one year or by
both such fine and imprisonment. In the prosecution of any
person for violation of sections 150A.01 to 150A.12, it shall
not be necessary to allege or prove lack of a valid license to
practice dentistry deleted text begin or deleted text end new text begin ,new text end dental hygienenew text begin , or denturism new text end but such
matter shall be a matter of defense to be established by the
defendant.

Sec. 24.

Minnesota Statutes 2004, section 150A.21, is
amended to read:


150A.21 REMOVABLE DENTAL PROSTHESES; OWNER
IDENTIFICATION.

Subdivision 1. Every complete upper and lower denture and
removable dental prosthesis fabricated by a dentist new text begin or denturist
new text end licensed under section 150A.06, or fabricated pursuant to the
dentist's new text begin or denturist's new text end work order, shall be marked with the
name and Social Security number of the patient for whom the
prosthesis is intended. The markings shall be done during
fabrication and shall be permanent, legible and cosmetically
acceptable. The exact location of the markings and the methods
used to apply or implant them shall be determined by the
dentistnew text begin , denturist,new text end or dental laboratory fabricating the
prosthesis. If in the professional judgment of the dentistnew text begin ,
denturist,
new text end or dental laboratory, this identification is not
practicable, identification shall be provided as follows:

(a) The Social Security number of the patient may be
omitted if the name of the patient is shown;

(b) The initials of the patient may be shown alone, if use
of the name of the patient is impracticable;

(c) The identification marks may be omitted in their
entirety if none of the forms of identification specified in
clauses (a) and (b) are practicable or clinically safe.

Subd. 2. Any removable dental prosthesis in existence
prior to August 1, 1978, which was not marked in accordance with
subdivision 1 at the time of its fabrication, shall be so marked
at the time of any subsequent rebasing.

Subd. 3. The commissioner of health shall provide
technical assistance for marking methods and materials and other
matters necessary to effectuate the provisions of this section.

Subd. 4. Failure of any dentist new text begin or denturist new text end to comply
with this section shall be deemed to be a violation for which
the dentist new text begin or denturist new text end may be subject to proceedings pursuant
to section 150A.08, provided the dentist new text begin or denturist new text end is charged
with the violation within two years of initial insertion of the
dental prosthetic device.