HF 2041

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/20/2012 05:28pm

A bill for an act
relating to health; making changes to dental licensing provisions; amending
Minnesota Statutes 2010, sections 150A.06, subdivisions 1c, 3, 4, 6, by adding
a subdivision; 150A.09, subdivision 3; 150A.105, subdivision 7; 150A.106,
subdivision 1; 150A.14.

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

Section 1.

Minnesota Statutes 2010, section 150A.06, subdivision 1c, is amended to
read:

Subd. 1c.

Specialty dentists.

(a) The board may grant a specialty license in the
specialty areas of dentistry that are recognized by the American Dental Association.

(b) An applicant for a specialty license shall:

(1) have successfully completed a postdoctoral specialty education program
accredited by the Commission on Dental Accreditation of the American Dental
Association, or have announced a limitation of practice before 1967;

(2) have been certified by a specialty examining board approved by the Minnesota
Board of Dentistry, or provide evidence of having passed a clinical examination for
licensure required for practice in any state or Canadian province, or in the case of oral and
maxillofacial surgeons only, have a Minnesota medical license in good standing;

(3) have been in active practice or a postdoctoral specialty education program or
United States government service at least 2,000 hours in the 36 months prior to applying
for a specialty license;

(4) if requested by the board, be interviewed by a committee of the board, which
may include the assistance of specialists in the evaluation process, and satisfactorily
respond to questions designed to determine the applicant's knowledge of dental subjects
and ability to practice;

(5) if requested by the board, present complete records on a sample of patients
treated by the applicant. The sample must be drawn from patients treated by the applicant
during the 36 months preceding the date of application. The number of records shall be
established by the board. The records shall be reasonably representative of the treatment
typically provided by the applicant;

(6) at board discretion, pass a board-approved English proficiency test if English is
not the applicant's primary language;

(7) pass all components of the National deleted text begin Dental deleted text end Board new text begin Dental new text end Examinations;

(8) pass the Minnesota Board of Dentistry jurisprudence examination;

(9) abide by professional ethical conduct requirements; and

(10) meet all other requirements prescribed by the Board of Dentistry.

(c) The application must include:

(1) a completed application furnished by the board;

(2) at least two character references from two different dentists, one of whom must
be a dentist practicing in the same specialty area, and the other the director of the specialty
program attended;

(3) a licensed physician's statement attesting to the applicant's physical and mental
condition;

(4) a statement from a licensed ophthalmologist or optometrist attesting to the
applicant's visual acuity;

(5) a nonrefundable fee; and

(6) a notarized, unmounted passport-type photograph, three inches by three inches,
taken not more than six months before the date of application.

(d) A specialty dentist holding a specialty license is limited to practicing in the
dentist's designated specialty area. The scope of practice must be defined by each national
specialty board recognized by the American Dental Association.

(e) A specialty dentist holding a general dentist license is limited to practicing in the
dentist's designated specialty area if the dentist has announced a limitation of practice.
The scope of practice must be defined by each national specialty board recognized by
the American Dental Association.

(f) All specialty dentists who have fulfilled the specialty dentist requirements and
who intend to limit their practice to a particular specialty area may apply for a specialty
license.

Sec. 2.

Minnesota Statutes 2010, section 150A.06, subdivision 3, is amended to read:

Subd. 3.

Waiver of examination.

(a) All or any part of the examination for dentists
or dental hygienists, except that pertaining to the law of Minnesota relating to dentistry
and the rules of the board, may, at the discretion of the board, be waived for an applicant
who presents a certificate of deleted text begin qualification from deleted text end new text begin having passed all components of new text end the
National Board deleted text begin of deleted text end Dental deleted text begin Examiners deleted text end new text begin Examinations new text end or evidence of having maintained an
adequate scholastic standing as determined by the board, in dental school as to dentists, or
dental hygiene school as to dental hygienists.

(b) The board shall waive the clinical examination required for licensure for any
dentist applicant who is a graduate of a dental school accredited by the Commission
on Dental Accreditation of the American Dental Association, who has deleted text begin successfully
completed deleted text end new text begin passed new text end all components of the National deleted text begin Dental deleted text end Board deleted text begin Examination deleted text end new text begin Dental
Examinations new text end , and who has satisfactorily completed a Minnesota-based postdoctoral
general dentistry residency program (GPR) or an advanced education in general dentistry
(AEGD) program after January 1, 2004. The postdoctoral program must be accredited
by the Commission on Dental Accreditation of the American Dental Association, be of
at least one year's duration, and include an outcome assessment evaluation assessing
the resident's competence to practice dentistry. The board may require the applicant to
submit any information deemed necessary by the board to determine whether the waiver is
applicable. The board may waive the clinical examination for an applicant who meets the
requirements of this paragraph and has satisfactorily completed an accredited postdoctoral
general dentistry residency program located outside of Minnesota.

Sec. 3.

Minnesota Statutes 2010, section 150A.06, subdivision 4, is amended to read:

Subd. 4.

Licensure by credentials.

(a) Any dentist 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:

new text begin (1) has passed all components of the National Board Dental Examinations;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end 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;

deleted text begin (2) deleted text end new text begin (3) new text end 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;

deleted text begin (3) deleted text end new text begin (4) new text end is of good moral character and abides by professional ethical conduct
requirements;

deleted text begin (4) deleted text end new text begin (5) new text end at board discretion, has passed a board-approved English proficiency test if
English is not the applicant's primary language; and

deleted text begin (5) deleted text end new text begin (6) new text end 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 1 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 1 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 1 or 2.

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

Sec. 4.

Minnesota Statutes 2010, section 150A.06, subdivision 6, is amended to read:

Subd. 6.

Display of name and certificates.

new text begin (a) new text end The initial license and subsequent
renewal deleted text begin , or current registration deleted text end certificate deleted text begin , deleted text end of every dentist, deleted text begin a deleted text end dental therapist, dental
hygienist, or dental assistant shall be conspicuously displayed in every office in which that
person practices, in plain sight of patients. new text begin When available from the board, the board shall
allow the display of a wallet-sized initial license and wallet-sized subsequent renewal
certificate only at nonprimary practice locations instead of displaying an original-sized
initial license and subsequent renewal certificate.
new text end

new text begin (b) new text end 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. 5.

Minnesota Statutes 2010, section 150A.06, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Criminal history record checks. new text end

new text begin (a) An applicant for initial licensure
under this section and an applicant for reinstatement of licensure under Minnesota Rules,
part 3100.1850, shall submit to a criminal history records check of state data, regardless
of the data classification, completed by the Minnesota Bureau of Criminal Apprehension
and a national criminal history records check to include a search of the records of the
Federal Bureau of Investigation.
new text end

new text begin (b) An applicant shall submit a completed, notarized criminal history records check
consent form and fingerprints to the Minnesota Bureau of Criminal Apprehension and
comply with the following requirements:
new text end

new text begin (1) request and consent to a criminal history records check of state data, regardless
of the data classification;
new text end

new text begin (2) request and consent to a national criminal history records check;
new text end

new text begin (3) submit to fingerprinting in a form acceptable to the board either with the
Minnesota Bureau of Criminal Apprehension or a local law enforcement agency including
a verification form;
new text end

new text begin (4) pay the required fees for fingerprinting and completion of the criminal history
records checks by the Minnesota Bureau of Criminal Apprehension and the Federal
Bureau of Investigation; and
new text end

new text begin (5) request that the criminal history check results from both the Minnesota Bureau of
Criminal Apprehension and the Federal Bureau of Investigation be sent directly to the
board and, if necessary, the applicant shall provide the Minnesota Bureau of Criminal
Apprehension with a stamped envelope having the board's name and address.
new text end

new text begin (c) The board shall maintain the criminal history records check reports in a manner
that ensures the confidentiality of the results as private data, prevents disclosure pursuant
to a public records request, and complies with applicable state and federal requirements.
new text end

new text begin (d) The board shall not accept the results of a criminal history records check
submitted by an entity other than the Minnesota Bureau of Criminal Apprehension.
new text end

new text begin (c) In reviewing the results of criminal history records checks to determine whether
the applicant should be granted an initial or reinstated license to practice, the board may
consider all of the following:
new text end

new text begin (1) the nature and seriousness of the crime;
new text end

new text begin (2) the extent of the applicant's past criminal activity;
new text end

new text begin (3) the age of the applicant when the crime was committed;
new text end

new text begin (4) the amount of time that has elapsed since the applicant's last criminal activity;
new text end

new text begin (5) the conduct and work activity of the applicant before and after the criminal
activity;
new text end

new text begin (6) whether the applicant has completed the terms of any probation or deferred
adjudication;
new text end

new text begin (7) evidence of the applicant's rehabilitation;
new text end

new text begin (8) whether the applicant fully disclosed the arrest or conviction to the board; and
new text end

new text begin (9) any other factors the board considers relevant.
new text end

new text begin (f) The board shall not grant a license to an applicant for an initial license issued
under this section or for a reinstated license under Minnesota Rules, part 3100.1850,
unless the applicant complies with this subdivision.
new text end

new text begin (g) If a criminal history records check indicates that an applicant has engaged in
criminal behavior, the board may take action according to sections 214.10 and 214.103.
new text end

Sec. 6.

Minnesota Statutes 2010, section 150A.09, subdivision 3, is amended to read:

Subd. 3.

Current address, change of address.

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

Sec. 7.

Minnesota Statutes 2010, section 150A.105, subdivision 7, is amended to read:

Subd. 7.

Use of dental assistants.

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

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

Sec. 8.

Minnesota Statutes 2010, section 150A.106, subdivision 1, is amended to read:

Subdivision 1.

General.

In order to be certified by the board to practice as an
advanced dental therapist, a person must:

(1) complete a dental therapy education program;

(2) pass an examination to demonstrate competency under the dental therapy scope
of practice;

(3) be licensed as a dental therapist;

(4) complete 2,000 hours of dental therapy clinical practice under direct or indirect
supervision;

(5) graduate from a master's advanced dental therapy education program;

(6) pass a board-approved certification examination to demonstrate competency
under the advanced scope of practice; and

(7) submit an application new text begin and fee new text end for certification as prescribed by the board.

Sec. 9.

Minnesota Statutes 2010, section 150A.14, is amended to read:

150A.14 IMMUNITY.

Subdivision 1.

Reporting immunity.

A person, health care facility, business, or
organization is immune from civil liability or criminal prosecution for submitting a report
in good faith to the board under section 150A.13, or for cooperating with an investigation
of a report or with staff of the board new text begin relative to violations or alleged violations of section
150A.08 new text end . Reports are confidential data on individuals under section 13.02, subdivision 3,
and are privileged communications.

Subd. 2.

deleted text begin Program deleted text end new text begin Investigation new text end immunity.

new text begin (a) new text end Members of the board, persons
employed by the board, and board consultants new text begin retained by the board new text end are immune from
civil liability and criminal prosecution for any actions, transactions, or publications in
the execution of, or relating to, their duties under deleted text begin section 150A.13 deleted text end new text begin sections 150A.02 to
150A.21, 214.10, and 214.103 new text end .

new text begin (b) For purposes of this section, a member of the board or a consultant described in
paragraph (a) is considered a state employee under section 3.736, subdivision 9.
new text end