HF 823

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am

A bill for an act
relating to health; establishing licensure and practice limitations for dental
therapist; establishing fees for dental therapist; amending Minnesota Statutes
2008, sections 150A.01, by adding a subdivision; 150A.05, subdivision 2, by
adding a subdivision; 150A.06, subdivisions 2d, 5, 6, by adding a subdivision;
150A.08, subdivisions 1, 3a, 5; 150A.09, subdivisions 1, 3; 150A.091,
subdivisions 2, 3, 5, 8, 10; 150A.10, subdivisions 1, 2, 3; 150A.11, subdivision
4; 150A.12; 151.01, subdivision 23; proposing coding for new law in Minnesota
Statutes, chapter 150A; repealing Minnesota Statutes 2008, section 150A.061.

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

Section 1.

Minnesota Statutes 2008, section 150A.01, is amended by adding a
subdivision to read:

new text begin Subd. 6b. new text end

new text begin Dental therapist. new text end

new text begin "Dental therapist" means a person licensed under this
chapter to perform the services authorized under section 150A.105 or any other services
authorized under this chapter.
new text end

Sec. 2.

Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Practice of dental therapy. new text end

new text begin A person shall be deemed to be practicing
dental therapy within the meaning of sections 150A.01 to 150A.12 who:
new text end

new text begin (1) works under the supervision of a Minnesota-licensed dentist as specified under
section 150A.105;
new text end

new text begin (2) practices in settings that serve low-income and underserved patients or are
located in dental health professional shortage areas; and
new text end

new text begin (3) provides oral health care services, including preventive, evaluative, and
educational services as authorized under section 150A.105 and within the context of
a collaborative management agreement.
new text end

Sec. 3.

Minnesota Statutes 2008, 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 or dental hygiene 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, or dental assisting by undergraduate
dental students, new text begin dental therapy students, new text end dental hygiene students, and dental assisting
students of the University of Minnesota, schools of dental hygiene, new text begin schools with a dental
therapy education program, new text end or schools of dental assisting approved by the board, when
acting under the direction and supervision of a licensed dentist new text begin , a licensed dental therapist, new text end
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 dentists 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 in accordance with section 150A.10,
subdivision 3.

Sec. 4.

Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
to read:

new text begin Subd. 1d. new text end

new text begin Dental therapists. new text end

new text begin A person of good moral character who has graduated
from a dental therapy education program in a dental school or dental college accredited by
the Commission on Dental Accreditation may apply for licensure.
new text end

new text begin The applicant must submit an application and fee as prescribed by the board and a
diploma or certificate from a dental therapy education program. Prior to being licensed,
the applicant must pass a comprehensive, competency-based clinical examination that is
approved by the board and administered independently of an institution providing dental
therapy education. The applicant must also pass an examination testing the applicant's
knowledge of the laws of Minnesota relating to the practice of dentistry and of the rules of
the board. An applicant is ineligible to retake the clinical examination required by the
board after failing it twice until further education and training are obtained as specified by
board rule. A separate, nonrefundable fee may be charged for each time a person applies.
An applicant who passes the examination in compliance with subdivision 2b, abides by
professional ethical conduct requirements, and meets all the other requirements of the
board shall be licensed as a dental therapist.
new text end

Sec. 5.

Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:

Subd. 2d.

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, new text begin licensed dental therapist, new text end licensed dental hygienist, or registered dental
assistant who documents to the satisfaction of the board that the dentist, new text begin dental therapist,
new text end dental hygienist, 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, new text begin dental therapist, new text end dental hygienist, or registered dental assistant prior to granting
this waiver.

(c) The board shall require the volunteer and retired dentist, new text begin dental therapist, new text end dental
hygienist, 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. 6.

Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:

Subd. 5.

Fraud in securing licenses or registrations.

Every person implicated
in employing fraud or deception in applying for or securing a license or registration
to practice dentistry, dental hygiene, deleted text begin or deleted text end dental assisting new text begin , or as a dental therapist, new text end or in
annually renewing a license or registration under sections 150A.01 to 150A.12 is guilty
of a gross misdemeanor.

Sec. 7.

Minnesota Statutes 2008, 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, new text begin dental therapist, new text end dental
hygienist, 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. 8.

Minnesota Statutes 2008, 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, deleted text begin any deleted text end new text begin the new text end license deleted text begin to practice dentistry
or dental hygiene deleted text end new text begin of a dentist, dental therapist, or dental hygienist 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 , dental therapy, or new text end
dental hygiene 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, new text begin dental therapist's, new text end dental hygienist's, 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, sections 144.291 to 144.298 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. 9.

Minnesota Statutes 2008, 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, new text begin dental therapist, new text end dental hygienist, or dental assistant to provide
unremunerated service;

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

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

Sec. 10.

Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:

Subd. 5.

Medical examinations.

If the board has probable cause to believe that a
dentist, new text begin dental therapist, new text end dental hygienist, 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, new text begin dental therapist, new text end dental hygienist,
assistant, or applicant to submit to a mental or physical examination or a chemical
dependency assessment. For the purpose of this subdivision, every dentist, new text begin dental
therapist, new text end hygienist, 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, new text begin dental therapist, new text end dental hygienist, 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 new text begin dental therapist, new text end dental hygienist new text begin , 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, new text begin dental therapist, new text end dental hygienist, 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. 11.

Minnesota Statutes 2008, 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, new text begin dental therapist, new text end dental
hygienist, 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, new text begin dental therapist, new text end dental hygienist,
and registered dental assistant.

Sec. 12.

Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:

Subd. 3.

Current address, change of address.

Every dentist, new text begin dental therapist,
new text end dental hygienist, 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, new text begin dental therapist, new text end dental hygienist, and registered dental assistant
shall provide the board written notice of the new address either personally or by first
class mail.

Sec. 13.

Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:

Subd. 2.

Application fees.

Each applicant for licensure or registration shall submit
with a license or registration application a nonrefundable fee in the following amounts in
order to administratively process an application:

(1) dentist, $140;

(2) limited faculty dentist, $140;

(3) resident dentist, $55;

(4) new text begin dental therapist, $100;
new text end

new text begin (5) new text end dental hygienist, $55;

deleted text begin (5) deleted text end new text begin (6) new text end registered dental assistant, $35; and

deleted text begin (6) deleted text end new text begin (7) new text end dental assistant with a limited registration, $15.

Sec. 14.

Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:

Subd. 3.

Initial license or registration fees.

Along with the application fee, each of
the following licensees or registrants shall submit a separate prorated initial license or
registration fee. The prorated initial fee shall be established by the board based on the
number of months of the licensee's or registrant's initial term as described in Minnesota
Rules, part 3100.1700, subpart 1a, not to exceed the following monthly fee amounts:

(1) dentist, $14 times the number of months of the initial term;

(2) new text begin dental therapist, $10 times the number of months of initial term;
new text end

new text begin (3) new text end dental hygienist, $5 times the number of months of the initial term;

deleted text begin (3) deleted text end new text begin (4) new text end registered dental assistant, $3 times the number of months of initial term; and

deleted text begin (4) deleted text end new text begin (5) new text end dental assistant with a limited registration, $1 times the number of months
of the initial term.

Sec. 15.

Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:

Subd. 5.

Biennial license or registration fees.

Each of the following licensees or
registrants shall submit with a biennial license or registration renewal application a fee as
established by the board, not to exceed the following amounts:

(1) dentist, $336;

(2) new text begin dental therapist, $180;
new text end

new text begin (3) new text end dental hygienist, $118;

deleted text begin (3) deleted text end new text begin (4) new text end registered dental assistant, $80; and

deleted text begin (4) deleted text end new text begin (5) new text end dental assistant with a limited registration, $24.

Sec. 16.

Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:

Subd. 8.

Duplicate license or registration fee.

Each licensee or registrant shall
submit, with a request for issuance of a duplicate of the original license or registration, or
of an annual or biennial renewal of it, a fee in the following amounts:

(1) original dentist new text begin , dental therapist, new text end or dental hygiene license, $35; and

(2) initial and renewal registration certificates and license renewal certificates, $10.

Sec. 17.

Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to
read:

Subd. 10.

Reinstatement fee.

No dentist, new text begin dental therapist, new text end dental hygienist, or
registered dental assistant whose license or registration has been suspended or revoked
may have the license or registration reinstated or a new license or registration issued until
a fee has been submitted to the board in the following amounts:

(1) dentist, $140;

(2) new text begin dental therapist, $85;
new text end

new text begin (3) new text end dental hygienist, $55; and

deleted text begin (3) deleted text end new text begin (4) new text end registered dental assistant, $35.

Sec. 18.

Minnesota Statutes 2008, section 150A.10, subdivision 1, is amended to read:

Subdivision 1.

Dental hygienists.

Any licensed dentist, new text begin licensed dental therapist,
new text end public institution, or school authority may obtain services from a licensed dental hygienist.
deleted text begin Such deleted text end new text begin The new text end licensed dental hygienist may provide those services defined in section 150A.05,
subdivision 1a. deleted text begin Such deleted text end new text begin The new text end services new text begin provided new text end shall not include the establishment of a final
diagnosis or treatment plan for a dental patient. deleted text begin Such deleted text end new text begin All new text end services shall be provided
under supervision of a licensed dentist. Any licensed dentist who shall permit any dental
service by a dental hygienist other than those authorized by the Board of Dentistry, shall
be deemed to be violating the provisions of sections 150A.01 to 150A.12, and any deleted text begin such deleted text end
unauthorized dental service by a dental hygienist shall constitute a violation of sections
150A.01 to 150A.12.

Sec. 19.

Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:

Subd. 2.

Dental assistants.

Every licensed dentist new text begin or dental therapist new text end who uses the
services of any unlicensed person for the purpose of assistance in the practice of dentistry
new text begin or dental therapy new text end shall be responsible for the acts of such unlicensed person while engaged
in such assistance. deleted text begin Such deleted text end new text begin The new text end dentist new text begin or dental therapist new text end shall permit deleted text begin such deleted text end new text begin the new text end unlicensed
assistant to perform only those acts which are authorized to be delegated to unlicensed
assistants by the Board of Dentistry. deleted text begin Such deleted text end new text begin The new text end acts shall be performed under supervision
of a licensed dentist new text begin or licensed dental therapist. A licensed dental therapist shall not
supervise more than two registered dental assistants or unregistered dental assistants
at any one practice setting new text end . The board may permit differing levels of dental assistance
based upon recognized educational standards, approved by the board, for the training of
dental assistants. The board may also define by rule the scope of practice of registered
and nonregistered dental assistants. The board by rule may require continuing education
for differing levels of dental assistants, as a condition to their registration or authority to
perform their authorized duties. Any licensed dentist new text begin or licensed dental therapist new text end who deleted text begin shall
permit such deleted text end new text begin permits an new text end unlicensed assistant to perform any dental service other than that
authorized by the board shall be deemed to be enabling an unlicensed person to practice
dentistry, and commission of such an act by deleted text begin such deleted text end new text begin an new text end unlicensed assistant shall constitute a
violation of sections 150A.01 to 150A.12.

Sec. 20.

Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:

Subd. 3.

Dental technicians.

Every licensed dentist new text begin or dental therapist 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 deleted text begin such deleted text end new text begin a new text end form deleted text begin as shall be deleted text end prescribed by the rules of the board deleted text begin ; deleted text end new text begin . new text end deleted text begin said deleted text end new text begin The new text end work order
shall be made in duplicate form, a duplicate copy deleted text begin to deleted text end new text begin shall new text end be retained in a permanent file
in the dentist's office for a period of two years, and the original deleted text begin to deleted text end new text begin shall new text end be retained in a
permanent file for a period of two years by deleted text begin such deleted text end new text begin the new text end unlicensed person in that person's
place of business. deleted text begin Such deleted text end new text begin The new text end permanent file of work orders new text begin required new text end to be kept by deleted text begin such deleted text end
new text begin the new text end dentist or by deleted text begin such deleted text end new text begin the new text end unlicensed person shall be open to inspection at any reasonable
time by the board or its duly constituted agent.

Sec. 21.

new text begin [150A.105] DENTAL THERAPIST.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin A dental therapist licensed under this chapter shall practice
under the supervision of a Minnesota-licensed dentist and under the requirements of
this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Limited practice settings. new text end

new text begin A dental therapist licensed under this chapter is
limited to primarily practicing in settings that serve low-income and underserved patients
or in a dental health professional shortage area.
new text end

new text begin Subd. 3. new text end

new text begin Collaborative management agreement. new text end

new text begin (a) Prior to performing any of
the services authorized under this chapter, a dental therapist must enter into a written
collaborative management agreement with a Minnesota-licensed dentist. The agreement
must include:
new text end

new text begin (1) practice settings where services may be provided and the populations to be
served;
new text end

new text begin (2) any limitations on the services that may be provided by the dental therapist,
including the level of supervision required by the collaborating dentist;
new text end

new text begin (3) age and procedure specific practice protocols, including case selection criteria,
assessment guidelines, and imaging frequency;
new text end

new text begin (4) a procedure for creating and maintaining dental records for the patients that
are treated by the dental therapist;
new text end

new text begin (5) a plan to manage medical emergencies in each practice setting where the dental
therapist provides care;
new text end

new text begin (6) a quality assurance plan for monitoring care provided by the dental therapist,
including patient care review, referral follow-up, and a quality assurance chart review;
new text end

new text begin (7) protocols for administering and dispensing medications authorized under
subdivision 5, including the specific conditions and circumstance under which these
medications are to be dispensed and administered;
new text end

new text begin (8) criteria relating to the provision of care to patients with specific medical
conditions or complex medication histories, including requirements for consultation prior
to the initiation of care;
new text end

new text begin (9) supervision criteria of registered and nonregistered dental assistants; and
new text end

new text begin (10) a plan for the provision of clinical resources and referrals in situations which
are beyond the capabilities of the dental therapist.
new text end

new text begin (b) A collaborating dentist must be licensed and practicing in Minnesota. The
collaborating dentist shall accept responsibility for all services authorized and performed
by the dental therapist pursuant to the management agreement. Any licensed dentist who
permits a dental therapist to perform a dental service other than those authorized under
this section or by the board, or any dental therapist who performs an unauthorized service,
shall be deemed to be in violation of the provisions in sections 150A.01 to 150A.12.
new text end

new text begin (c) Collaborative management agreements must be signed and maintained by the
collaborating dentist and the dental therapist. Agreements must be reviewed, updated, and
submitted to the board on an annual basis.
new text end

new text begin Subd. 4. new text end

new text begin Scope of practice. new text end

new text begin (a) A licensed dental therapist may perform dental
services as authorized under this section within the parameters of the collaborative
management agreement.
new text end

new text begin (b) The services authorized to be performed by a licensed dental therapist include
preventive, evaluative, and educational oral health services, as specified in paragraphs (c),
(d), and (e), and within the parameters of the collaborative management agreement.
new text end

new text begin (c) A licensed dental therapist may perform the following preventive, evaluative,
and assessment services under general supervision, unless restricted or prohibited in
the collaborative management agreement:
new text end

new text begin (1) oral health instruction and disease prevention education, including nutritional
counseling and dietary analysis;
new text end

new text begin (2) assessment services, including an evaluation and assessment to identify oral
disease and conditions;
new text end

new text begin (3) preliminary charting of the oral cavity;
new text end

new text begin (4) making radiographs;
new text end

new text begin (5) mechanical polishing;
new text end

new text begin (6) application of topical preventive or prophylactic agents, including fluoride
varnishes and pit and fissure sealants;
new text end

new text begin (7) pulp vitality testing; and
new text end

new text begin (8) application of desensitizing medication or resin.
new text end

new text begin (d) A licensed dental therapist may perform the following services under indirect
supervision:
new text end

new text begin (1) fabrication of athletic mouthguards;
new text end

new text begin (2) emergency palliative treatment of dental pain;
new text end

new text begin (3) space maintainer removal;
new text end

new text begin (4) restorative services:
new text end

new text begin (i) cavity preparation class I-IV;
new text end

new text begin (ii) restoration of primary and permanent teeth class I-IV;
new text end

new text begin (iii) placement of temporary crowns;
new text end

new text begin (iv) placement of temporary restorations;
new text end

new text begin (v) preparation and placement of preformed crowns; and
new text end

new text begin (vi) pulpotomies on primary teeth;
new text end

new text begin (5) indirect and direct pulp capping on primary and permanent teeth;
new text end

new text begin (6) fabrication of soft-occlusal guards;
new text end

new text begin (7) soft-tissue reline and conditioning;
new text end

new text begin (8) atraumatic restorative technique;
new text end

new text begin (9) surgical services:
new text end

new text begin (i) extractions of primary teeth;
new text end

new text begin (ii) suture removal; and
new text end

new text begin (iii) dressing change;
new text end

new text begin (10) tooth reimplantation and stabilization;
new text end

new text begin (11) administration of local anesthetic; and
new text end

new text begin (12) administration of nitrous oxide.
new text end

new text begin (e) A licensed dental therapist may perform the following services under direct
supervision:
new text end

new text begin (1) placement of space maintainers; and
new text end

new text begin (2) recementing of permanent crowns.
new text end

new text begin (f) For purposes of this section, "general supervision," "indirect supervision,"
and "direct supervision" have the meanings given in Minnesota Rules, part 3100.0100,
subpart 21.
new text end

new text begin Subd. 5. new text end

new text begin Dispensing authority. new text end

new text begin (a) A licensed dental therapist may dispense and
administer the following drugs within the parameters of the collaborative management
agreement and within the scope of practice of the dental therapist: analgesics,
anti-inflammatories, and antibiotics.
new text end

new text begin (b) The authority to dispense and administer shall extend only to the categories
of drugs identified in this subdivision, and may be further limited by the collaborative
management agreement.
new text end

new text begin (c) The authority to dispense includes the authority to dispense sample drugs within
the categories identified in this subdivision if dispensing is permitted by the collaborative
management agreement.
new text end

new text begin (d) A licensed dental therapist is prohibited from dispensing or administering a
narcotic drug as defined in section 152.01, subdivision 10.
new text end

new text begin Subd. 6. new text end

new text begin Application of other laws. new text end

new text begin A licensed dental therapist authorized to
practice under this chapter is not in violation of section 150A.05 as it relates to the
unauthorized practice of dentistry if the practice is authorized under this chapter and is
within the parameters of the collaborative management agreement.
new text end

new text begin Subd. 7. new text end

new text begin Use of dental assistants. new text end

new text begin (a) A licensed dental therapist may supervise
registered and unregistered dental assistants to the extent permitted in the collaborative
management agreement and according to section 150A.10, subdivision 2.
new text end

new text begin (b) Notwithstanding paragraph (a), a licensed dental therapist is limited to
supervising no more than two registered dental assistants or nonregistered dental assistants
at any one practice setting.
new text end

new text begin Subd. 8. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following definitions
apply.
new text end

new text begin (b) "Practice settings that serve the low-income and underserved" mean:
new text end

new text begin (1) critical access dental provider settings as designated by the commissioner of
human services under section 256B.76, subdivision 4, paragraph (c);
new text end

new text begin (2) dental hygiene collaborative practice settings identified in section 150A.10,
subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities,
federally qualified health centers, and organizations eligible to receive a community clinic
grant under section 145.9268, subdivision 1;
new text end

new text begin (3) military and veterans administration hospitals, clinics, and care settings;
new text end

new text begin (4) a patient's residence or home when the patient is home-bound or receiving or
eligible to receive home care services or home and community-based waivered services,
regardless of the patient's income;
new text end

new text begin (5) oral health educational institutions; or
new text end

new text begin (6) any other clinic or practice setting, including mobile dental units, in which at least
50 percent of the total patient base of the clinic or practice setting consists of patients who:
new text end

new text begin (i) are enrolled in a Minnesota health care program;
new text end

new text begin (ii) have a medical disability or chronic condition that creates a significant barrier to
receiving dental care; or
new text end

new text begin (iii) do not have dental health coverage, either through a public health care program
or private insurance, and have an annual gross family income equal to or less than 200
percent of the federal poverty guidelines.
new text end

new text begin new text end

new text begin (c) "Dental health professional shortage area" means an area that meets the criteria
established by the secretary of the United States Department of Health and Human
Services and is designated as such under United States Code, title 42, section 254e.
new text end

Sec. 22.

Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:

Subd. 4.

Dividing fees.

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

Sec. 23.

Minnesota Statutes 2008, 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 , dental
therapy, or new text end dental hygiene but deleted text begin such matter deleted text end shall be a matter of defense to be established by
the defendant.

Sec. 24.

Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:

Subd. 23.

Practitioner.

"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes
of sections 151.15, subdivision 4, 151.37, subdivision 2, paragraphs (b), (e), and (f),
and 151.461, "practitioner" also means a physician assistant authorized to prescribe,
dispense, and administer under chapter 147A, or an advanced practice nurse authorized
to prescribe, dispense, and administer under section 148.235. new text begin For purposes of sections
151.15, subdivision 4; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner"
also means a dental therapist authorized to dispense and administer under chapter 150A.
new text end

Sec. 25. new text begin IMPACT OF DENTAL THERAPISTS.
new text end

new text begin (a) The Board of Dentistry shall evaluate the impact of the use of dental therapists
on the delivery of and access to dental services. The board shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over health
care by January 15, 2014:
new text end

new text begin (1) the number of dental therapists annually licensed by the board beginning in 2011;
new text end

new text begin (2) the settings where licensed dental therapists are practicing and the populations
being served;
new text end

new text begin (3) the number of complaints filed against dental therapists and the basis for each
complaint; and
new text end

new text begin (4) the number of disciplinary actions taken against dental therapists.
new text end

new text begin (b) The board, in consultation with the Department of Human Services, shall also
include the number and type of dental services that were performed by a dental therapist
and reimbursed by the state under the Minnesota state health care programs for the 2013
fiscal year.
new text end

new text begin (c) The Board of Dentistry, in consultation with the Department of Health, shall
develop an evaluation process that focuses on assessing the impact of dental therapists in
terms of patient safety, cost effectiveness, and access to dental services. The process shall
focus on the following outcome measures:
new text end

new text begin (1) number of new patients served;
new text end

new text begin (2) reduction in waiting times for needed services;
new text end

new text begin (3) decreased travel time for patients;
new text end

new text begin (4) impact on emergency room usage for dental care; and
new text end

new text begin (5) costs to the public health care system.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 150A.061, new text end new text begin is repealed.
new text end