Minnesota Legislature
HF 1962
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/22/2021 05:21pm
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A bill for an act
relating to health care; modifying the duties that may be performed by an unlicensed
dental assistant; amending Minnesota Statutes 2020, section 150A.10, subdivisions
2, 2a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 150A.10, subdivision 2, is amended to read:
Subd. 2.
Dental assistants.
new text begin (a) new text end Every licensed dentist deleted text begin anddeleted text end new text begin ,new text end dental therapistnew text begin , or dental
hygienistnew text end who uses the services of any unlicensed person for the purpose of assistance in
the practice of dentistry deleted text begin ordeleted text end new text begin ,new text end dental therapynew text begin , or dental hygienenew text end shall be responsible for the
acts of such unlicensed person while engaged in such assistance. The dentist deleted text begin ordeleted text end new text begin ,new text end dental
therapistnew text begin , or dental hygienistnew text end shall permit the unlicensed assistant to perform only those deleted text begin actsdeleted text end new text begin
servicesnew text end which are authorized to be delegated to unlicensed assistants new text begin under this chapter or
new text end by the Board of Dentistry. The deleted text begin actsdeleted text end new text begin servicesnew text end shall be performed under supervision of a
licensed dentist deleted text begin ordeleted text end new text begin ,new text end dental therapistnew text begin , or dental hygienist if the dental hygienist has entered
into a collaborative agreement with a licensed dentist under subdivision 1anew text end . A licensed
dental therapist new text begin or dental hygienist new text end shall not supervise more than four licensed or unlicensed
dental assistants at any one practice setting. 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
licensed and unlicensed dental assistants. The board by rule may require continuing education
for differing levels of dental assistants, as a condition to their license or authority to perform
their authorized deleted text begin dutiesdeleted text end new text begin servicesnew text end . Any licensed dentist deleted text begin ordeleted text end new text begin ,new text end dental therapistnew text begin , or dental hygienistnew text end
who permits an unlicensed assistant to perform any dental service other than that authorized
new text begin under this chapter or new text end by the board shall be deemed to be enabling an unlicensed person to
practice dentistry, and commission of such an act by an unlicensed assistant shall constitute
a violation of sections 150A.01 to 150A.12.
new text begin
(b) An unlicensed dental assistant may perform the following services if the unlicensed
dental assistant receives on-the-job training from a dentist, dental therapist, or dental hygienist
depending on the service to be performed:
new text end
new text begin
(1) taking impressions and bite registrations;
new text end
new text begin
(2) performing coronal polishing of both baby and adult teeth that have no active
periodontal disease;
new text end
new text begin
(3) taking dental photographs intraorally and extraorally;
new text end
new text begin
(4) fabricating and placing temporary crowns and recement as needed;
new text end
new text begin
(5) removing loose brackets on orthodontic appliances;
new text end
new text begin
(6) applying topical varnish;
new text end
new text begin
(7) placing and removing rubber dams; and
new text end
new text begin
(8) applying topical medications, including anesthetic, desensitizer varnish, and bleaching
agents.
new text end
new text begin
(c) An unlicensed dental assistant may perform the following services if the unlicensed
dental assistant successfully completes a dental assisting training program approved by the
board:
new text end
new text begin
(1) taking radiographs; and
new text end
new text begin
(2) placing nonsurgical retraction material for gingival displacement.
new text end
new text begin
(d) In addition to the training requirements in paragraphs (a) and (b), an unlicensed
dental assistant performing services under this subdivision must:
new text end
new text begin
(1) complete a CPR certification course and maintain current CPR certification; and
new text end
new text begin
(2) comply with the most current infection control recommendations, guidelines,
precautions, procedures, practices, strategies, and techniques specified in the United States
Department of Health and Human Services, Public Health Service, and Centers for Disease
Control and Prevention publications of the Morbidity and Mortality Weekly Report.
new text end
new text begin
(e) Before an unlicensed dental assistant performs any of the services specified in this
subdivision, the on-the-job training provided to the unlicensed dental assistant as required
under paragraph (b), the training program completed by the unlicensed dental assistant as
required under paragraph (c), and compliance with the requirements under paragraph (d)
must be documented and the documentation must be made available to the board upon
request.
new text end
Sec. 2.
Minnesota Statutes 2020, section 150A.10, subdivision 2a, is amended to read:
Subd. 2a.
Collaborative practice authorization for dental assistants in community
settings.
(a) Notwithstanding subdivision 2, a dental assistant deleted text begin licensed under this chapterdeleted text end
may be employed or retained by a health care facility, program, or nonprofit organization
as defined in subdivision 1a to perform the dental assisting services described in paragraph
(b) new text begin or (c) new text end without the patient first being examined by a licensed dentist, without a dentist's
diagnosis or treatment plan, and without the dentist being present at the location where
services are being performed, if:
(1) the dental assistant has entered into a collaborative agreement with a licensed dentist,
which must be part of a collaborative agreement established between a licensed dentist and
a dental hygienist under subdivision 1a, that designates authorization for the services provided
by the dental assistant; and
(2) the dental assistant has documented completion of a course on medical emergencies
within each continuing education cyclenew text begin or as required by the boardnew text end .
(b) A new text begin licensed new text end dental assistant operating under general supervision of a collaborating
dentist under this subdivision is authorized to perform the following services:
(1) provide oral health promotion and disease prevention education;
(2) take vital signs such as pulse rate and blood pressure;
(3) obtain informed consent, according to Minnesota Rules, part 3100.9600, subpart 9,
for treatments authorized by the collaborating dentist within the licensed dental assistant's
scope of practice;
(4) apply topical preventative agents, including fluoride varnishes and pit and fissure
sealants;
(5) perform mechanical polishing to clinical crowns not including instrumentation;
(6) complete preliminary charting of the oral cavity and surrounding structures, except
periodontal probing and assessment of the periodontal structure;
(7) take photographs extraorally or intraorally; and
(8) take radiographs.
(c) new text begin An unlicensed dental assistant operating under the direct supervision of a licensed
dental therapist, licensed dental hygienist, or licensed dental assistant is authorized to perform
the services listed in paragraph (b) after receiving or completing training if required under
subdivision 2, paragraph (b) or (c).
new text end
new text begin (d) new text end A collaborating dentist must be licensed under this chapter and may enter into a
collaborative agreement with no more than two licensed dental assistantsnew text begin and no more than
two unlicensed dental assistantsnew text end , unless otherwise authorized by the board. The board shall
develop a process and parameters for obtaining authorization to collaborate with more than
two licensed dental assistantsnew text begin and no more than two unlicensed dental assistantsnew text end . The
collaborative agreement must include the elements listed in subdivision 1a, paragraph (b).