HF 2646

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

  1.1                          A bill for an act 
  1.2             relating to health occupations; establishing licensure 
  1.3             for denturists; amending Minnesota Statutes 2002, 
  1.4             sections 150A.01, by adding subdivisions; 150A.02; 
  1.5             150A.04, subdivision 5; 150A.05, subdivision 2, by 
  1.6             adding a subdivision; 150A.06, subdivisions 2b, 4, 6, 
  1.7             by adding subdivisions; 150A.08, subdivisions 1, 5; 
  1.8             150A.09, subdivisions 1, 3; 150A.10, subdivision 3, by 
  1.9             adding a subdivision; 150A.11, subdivisions 2, 3, 4; 
  1.10            150A.12; 150A.21; Minnesota Statutes 2003 Supplement, 
  1.11            sections 150A.06, subdivision 2d; 150A.08, subdivision 
  1.12            3a. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2002, section 150A.01, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 5a.  [DENTURE.] "Denture" means a removable full or 
  1.17  partial upper or lower dental appliance to be worn in the mouth 
  1.18  to replace missing natural teeth. 
  1.19     Sec. 2.  Minnesota Statutes 2002, section 150A.01, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 5b.  [DENTURIST.] "Denturist" means a person licensed 
  1.22  under sections 150A.01 to 150A.12 to perform the services 
  1.23  authorized under section 150A.05, subdivision 1b, in compliance 
  1.24  with section 150A.10. 
  1.25     Sec. 3.  Minnesota Statutes 2002, section 150A.02, is 
  1.26  amended to read: 
  1.27     150A.02 [BOARD OF DENTISTRY.] 
  1.28     Subdivision 1.  There is hereby created a Board of 
  1.29  Dentistry whose duty it shall be to carry out the purposes and 
  2.1   enforce the provisions of sections 150A.01 to 150A.12.  The 
  2.2   board shall consist of two public members as defined by section 
  2.3   214.02, five qualified resident dentists, one qualified resident 
  2.4   registered dental assistant, and one qualified resident dental 
  2.5   hygienist, and one qualified resident denturist appointed by the 
  2.6   governor.  Membership terms, compensation of members, removal of 
  2.7   members, the filling of membership vacancies, and fiscal year 
  2.8   and reporting requirements shall be as provided in sections 
  2.9   214.07 to 214.09.  The provision of staff, administrative 
  2.10  services and office space; the review and processing of board 
  2.11  complaints; the setting of board fees; and other provisions 
  2.12  relating to board operations shall be as provided in chapter 
  2.13  214.  Each board member who is a dentist, registered dental 
  2.14  assistant, or dental hygienist, or denturist appointed after 
  2.15  January 1, 2009, shall have been lawfully in active practice in 
  2.16  this state for five years immediately preceding appointment; and 
  2.17  no board member shall be eligible for appointment to more than 
  2.18  two consecutive four-year terms, and members serving on the 
  2.19  board at the time of the enactment hereof shall be eligible to 
  2.20  reappointment provided they shall not have served more than nine 
  2.21  consecutive years at the expiration of the term to which they 
  2.22  are to be appointed.  At least 90 days prior to the expiration 
  2.23  of the terms of dentists, registered dental assistants, or 
  2.24  dental hygienists, the Minnesota Dental Association, Minnesota 
  2.25  Dental Assistants Association, or the Minnesota State Dental 
  2.26  Hygiene Association shall recommend to the governor for each 
  2.27  term expiring not less than two dentists, two registered dental 
  2.28  assistants, or two dental hygienists, respectively, who are 
  2.29  qualified to serve on the board, and from the list so 
  2.30  recommended the governor may appoint members to the board for 
  2.31  the term of four years, the appointments to be made within 30 
  2.32  days after the expiration of the terms.  Within 60 days after 
  2.33  the occurrence of a dentist, registered dental assistant or 
  2.34  dental hygienist vacancy, prior to the expiration of the term, 
  2.35  in the board, the Minnesota Dental Association, the Minnesota 
  2.36  Dental Assistants Association, or the Minnesota State Dental 
  3.1   Hygiene Association shall recommend to the governor not less 
  3.2   than two dentists, two registered dental assistants, or two 
  3.3   dental hygienists, who are qualified to serve on the board and 
  3.4   from the list so recommended the governor, within 30 days after 
  3.5   receiving such list of dentists, may appoint one member to the 
  3.6   board for the unexpired term occasioned by such vacancy.  Any 
  3.7   appointment to fill a vacancy shall be made within 90 days after 
  3.8   the occurrence of such vacancy.  The first four-year term of the 
  3.9   dental hygienist and of the registered dental 
  3.10  assistant denturist shall commence on the first Monday in 
  3.11  January, 1977 2005. 
  3.12     Sec. 4.  Minnesota Statutes 2002, section 150A.04, 
  3.13  subdivision 5, is amended to read: 
  3.14     Subd. 5.  [RULES.] The board may promulgate rules as are 
  3.15  necessary to carry out and make effective the provisions and 
  3.16  purposes of sections 150A.01 to 150A.12, in accordance with 
  3.17  chapter 14.  The rules may specify training and education 
  3.18  necessary for administering general anesthesia and intravenous 
  3.19  conscious sedation.  The rules may specify a statement of oral 
  3.20  conditions and other record retention requirements, training, 
  3.21  and education requirements, and the specification of other 
  3.22  procedures incidental to the practice of denturism.  
  3.23     Sec. 5.  Minnesota Statutes 2002, section 150A.05, is 
  3.24  amended by adding a subdivision to read: 
  3.25     Subd. 1b.  [PRACTICE OF DENTURISTS.] A person is practicing 
  3.26  as a denturist within the meaning of sections 150A.01 to 150A.12 
  3.27  if the person: 
  3.28     (1) takes denture impressions and bite registration for the 
  3.29  purpose of making, producing, reproducing, constructing, 
  3.30  finishing, supplying, altering, or repairing a complete upper or 
  3.31  complete lower prosthetic denture, or both, to be fitted to an 
  3.32  edentulous arch or arches; 
  3.33     (2) fits a complete upper or lower prosthetic denture, or 
  3.34  both, to an edentulous arch or arches, including making, 
  3.35  producing, reproducing, constructing, finishing, supplying, 
  3.36  altering, and repairing dentures; and 
  4.1      (3) performs procedures incidental to those in clauses (1) 
  4.2   and (2), as defined by the board.  
  4.3      Sec. 6.  Minnesota Statutes 2002, section 150A.05, 
  4.4   subdivision 2, is amended to read: 
  4.5      Subd. 2.  [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES 
  4.6   AND OPERATIONS.] Sections 150A.01 to 150A.12 do not apply to: 
  4.7      (1) the practice of dentistry or, dental hygiene, or 
  4.8   denturism in any branch of the armed services of the United 
  4.9   States, the United States Public Health Service, or the United 
  4.10  States Veterans Administration; 
  4.11     (2) the practice of dentistry, dental hygiene, or dental 
  4.12  assisting, or denturism by undergraduate dental students, dental 
  4.13  hygiene students, and dental assisting students, and denturist 
  4.14  students of the University of Minnesota, schools of dental 
  4.15  hygiene, or schools of dental assisting or denturism approved by 
  4.16  the board, when acting under the direction and supervision of a 
  4.17  licensed dentist or a licensed dental hygienist acting as an 
  4.18  instructor; 
  4.19     (3) the practice of dentistry by licensed dentists of other 
  4.20  states or countries while appearing as clinicians under the 
  4.21  auspices of a duly approved dental school or college, or a 
  4.22  reputable dental society, or a reputable dental study club 
  4.23  composed of dentists; 
  4.24     (4) the actions of persons while they are taking 
  4.25  examinations for licensure or registration administered or 
  4.26  approved by the board pursuant to sections 150A.03, subdivision 
  4.27  1, and 150A.06, subdivisions 1, 2, and 2a; 
  4.28     (5) the practice of dentistry by dentists, denturists, and 
  4.29  dental hygienists licensed by other states during their 
  4.30  functioning as examiners responsible for conducting licensure or 
  4.31  registration examinations administered by regional and national 
  4.32  testing agencies with whom the board is authorized to affiliate 
  4.33  and participate under section 150A.03, subdivision 1, and the 
  4.34  practice of dentistry by the regional and national testing 
  4.35  agencies during their administering examinations pursuant to 
  4.36  section 150A.03, subdivision 1; 
  5.1      (6) the use of X-rays or other diagnostic imaging 
  5.2   modalities for making radiographs or other similar records in a 
  5.3   hospital under the supervision of a physician or dentist or by a 
  5.4   person who is credentialed to use diagnostic imaging modalities 
  5.5   or X-ray machines for dental treatment, roentgenograms, or 
  5.6   dental diagnostic purposes by a credentialing agency other than 
  5.7   the Board of Dentistry; or 
  5.8      (7) the service, other than service performed directly upon 
  5.9   the person of a patient, of constructing, altering, repairing, 
  5.10  or duplicating any denture, partial denture, crown, bridge, 
  5.11  splint, orthodontic, prosthetic, or other dental appliance, when 
  5.12  performed according to a written work order from a licensed 
  5.13  dentist or a licensed denturist in accordance with section 
  5.14  150A.10, subdivision 3. 
  5.15     Sec. 7.  Minnesota Statutes 2002, section 150A.06, is 
  5.16  amended by adding a subdivision to read: 
  5.17     Subd. 1d.  [DENTURISTS.] The board shall issue a license to 
  5.18  practice as a denturist to an applicant who: 
  5.19     (1) submits a completed application to the board on a form 
  5.20  provided by the board; 
  5.21     (2) submits the fees prescribed by the board; 
  5.22     (3) submits documentation of successful completion of the 
  5.23  program at a board-approved denturism postsecondary institution 
  5.24  or has successfully completed an equivalent denturist 
  5.25  educational program approved by the board, if the program 
  5.26  conforms to the international baseline competencies as defined 
  5.27  by the International Federation of Denturists and includes 
  5.28  courses in oral pathology, infection control, medical 
  5.29  emergencies, and clinical experience; and 
  5.30     (4) passes a written examination and clinical examination 
  5.31  concerning, but not limited to, dental materials, dental 
  5.32  technology, Department of Health and Human Services Centers for 
  5.33  Disease Control guidelines, head and oral anatomy and 
  5.34  physiology, oral pathology, partial denture construction and 
  5.35  design, microbiology, dental laboratory technology, asepsis, 
  5.36  medical emergencies, and cardiopulmonary resuscitation.  The 
  6.1   examinations must conform to the international baseline 
  6.2   competencies as defined by the International Federation of 
  6.3   Denturists.  An applicant who fails the clinical examination 
  6.4   twice is ineligible to retake the clinical examination until the 
  6.5   applicant obtains further education and training specified by 
  6.6   the board.  
  6.7      Sec. 8.  Minnesota Statutes 2002, section 150A.06, is 
  6.8   amended by adding a subdivision to read: 
  6.9      Subd. 1e.  [TEMPORARY DENTURIST PERMIT.] The board may 
  6.10  issue a temporary permit to an applicant who demonstrates to the 
  6.11  satisfaction of the board a minimum of five years of a 
  6.12  combination of training and experience in denture technology or 
  6.13  as a denture laboratory technician.  The permit expires one year 
  6.14  after the date of issue and may be renewed.  The board may 
  6.15  charge the applicant an annual permit fee.  A permit holder must 
  6.16  practice denturism under the direct supervision of a licensed 
  6.17  dentist or licensed denturist.  The board shall keep a record of 
  6.18  licensed dentists and licensed denturists who supervise permit 
  6.19  holders.  A permit holder may take the written examination and 
  6.20  clinical examination described under subdivision 1d and approved 
  6.21  by the board after holding a permit for one year.  If a passing 
  6.22  grade is achieved and the permit holder meets the requirements 
  6.23  specified under subdivision 1d, clauses (1) and (2), the board 
  6.24  shall issue a license.  
  6.25     Sec. 9.  Minnesota Statutes 2002, section 150A.06, 
  6.26  subdivision 2b, is amended to read: 
  6.27     Subd. 2b.  [EXAMINATION.] When board members administer the 
  6.28  examination for licensure or registration, only those board 
  6.29  members qualified for the particular examination may administer 
  6.30  it.  An examination which the board requires as a condition of 
  6.31  licensure or registration must have been taken within the five 
  6.32  years before the board receives the application for licensure or 
  6.33  registration.  The board may contract with international, 
  6.34  national, or regional examiners to prepare, administer, and 
  6.35  grade the examinations for licensure required under subdivision 
  6.36  1d, clause (4).  
  7.1      Sec. 10.  Minnesota Statutes 2003 Supplement, section 
  7.2   150A.06, subdivision 2d, is amended to read: 
  7.3      Subd. 2d.  [VOLUNTEER AND RETIRED DENTISTS, DENTAL 
  7.4   HYGIENISTS, DENTURISTS, AND REGISTERED DENTAL ASSISTANTS.] (a) 
  7.5   The board shall grant a waiver to the continuing education 
  7.6   requirements under this chapter for a dentist, dental hygienist, 
  7.7   denturist, or registered dental assistant who documents to the 
  7.8   satisfaction of the board that the dentist, dental 
  7.9   hygienist, denturist, or registered dental assistant has retired 
  7.10  from active practice in the state and limits the provision of 
  7.11  dental care services to those offered without compensation in a 
  7.12  public health, community, or tribal clinic or a nonprofit 
  7.13  organization that provides services to the indigent or to 
  7.14  recipients of medical assistance, general assistance medical 
  7.15  care, or MinnesotaCare programs. 
  7.16     (b) The board may require written documentation from the 
  7.17  volunteer and retired dentist, dental hygienist, denturist, or 
  7.18  registered dental assistant prior to granting this waiver. 
  7.19     (c) The board shall require the volunteer and retired 
  7.20  dentist, dental hygienist, denturist, or registered dental 
  7.21  assistant to meet the following requirements: 
  7.22     (1) a licensee or registrant seeking a waiver under this 
  7.23  subdivision must complete at least five hours of approved 
  7.24  courses in infection control, medical emergencies, and medical 
  7.25  management for the continuing education cycle; and 
  7.26     (2) provide documentation of certification in advanced or 
  7.27  basic cardiac life support recognized by the American Heart 
  7.28  Association, the American Red Cross, or an equivalent entity. 
  7.29     Sec. 11.  Minnesota Statutes 2002, section 150A.06, 
  7.30  subdivision 4, is amended to read: 
  7.31     Subd. 4.  [LICENSURE BY CREDENTIALS.] Any person who is 
  7.32  lawfully practicing dentistry or, dental hygiene, or denturism 
  7.33  in another state or Canadian province having and maintaining a 
  7.34  standard of examination for licensure and of laws regulating the 
  7.35  practice within that state or Canadian province, substantially 
  7.36  equivalent to Minnesota's, as determined by the board, who is a 
  8.1   reputable dentist or, dental hygienist, or denturist of good 
  8.2   moral character, and who deposits, in person, with the Board of 
  8.3   Dentistry a certificate from the Board of Dentistry of the state 
  8.4   or Canadian province in which the applicant is licensed, 
  8.5   certifying to the fact of licensure and that the applicant is of 
  8.6   good moral character and professional attainments, shall, upon 
  8.7   payment of the fee established by the board, be interviewed by 
  8.8   the board.  The interview shall consist of assessing the 
  8.9   applicant's knowledge of dental subjects.  If the applicant does 
  8.10  not demonstrate the minimum knowledge in dental subjects 
  8.11  required for licensure under subdivisions 1, 1d, and 2, the 
  8.12  application shall be denied.  When denying a license, the board 
  8.13  may notify the applicant of any specific course that the 
  8.14  applicant could take which, if passed, would qualify the 
  8.15  applicant for licensure.  The denial shall not prohibit the 
  8.16  applicant from applying for licensure under subdivisions 1, 1d, 
  8.17  and 2.  If the applicant demonstrates the minimum knowledge in 
  8.18  dental subjects required for licensure under subdivisions 1, 1d, 
  8.19  and 2 and meets the other requirements of this subdivision, a 
  8.20  license shall be granted to practice in this state, if the 
  8.21  applicant passes an examination on the laws of Minnesota 
  8.22  relating to dentistry and the rules of the Board of Dentistry.  
  8.23     Sec. 12.  Minnesota Statutes 2002, section 150A.06, 
  8.24  subdivision 6, is amended to read: 
  8.25     Subd. 6.  [DISPLAY OF NAME AND CERTIFICATES.] The name, 
  8.26  license certificate, and annual registration certificate of 
  8.27  every licensed dentist, dental hygienist, denturist, or 
  8.28  registered dental assistant shall be conspicuously displayed in 
  8.29  every office in which that person practices, in plain sight of 
  8.30  patients.  If there is more than one dentist, dental 
  8.31  hygienist, denturist, or registered dental assistant practicing 
  8.32  or employed in any office, the manager or proprietor of the 
  8.33  office shall display in plain sight the name, license 
  8.34  certificate and annual registration certificate of each dentist, 
  8.35  dental hygienist, denturist, or registered dental assistant 
  8.36  practicing or employed there.  Near or on the entrance door to 
  9.1   every office where dentistry is practiced, the name of each 
  9.2   dentist practicing there, as inscribed on the license 
  9.3   certificate and annual registration certificate of each dentist, 
  9.4   shall be displayed in plain sight.  
  9.5      Sec. 13.  Minnesota Statutes 2002, section 150A.08, 
  9.6   subdivision 1, is amended to read: 
  9.7      Subdivision 1.  [GROUNDS.] The board may refuse or by order 
  9.8   suspend or revoke, limit or modify by imposing conditions it 
  9.9   deems necessary, any license to practice dentistry or, dental 
  9.10  hygiene, or denturism or the registration of any dental 
  9.11  assistant upon any of the following grounds: 
  9.12     (1) fraud or deception in connection with the practice of 
  9.13  dentistry or the securing of a license or annual registration 
  9.14  certificate; 
  9.15     (2) conviction, including a finding or verdict of guilt, an 
  9.16  admission of guilt, or a no contest plea, in any court of a 
  9.17  felony or gross misdemeanor reasonably related to the practice 
  9.18  of dentistry as evidenced by a certified copy of the conviction; 
  9.19     (3) conviction, including a finding or verdict of guilt, an 
  9.20  admission of guilt, or a no contest plea, in any court of an 
  9.21  offense involving moral turpitude as evidenced by a certified 
  9.22  copy of the conviction; 
  9.23     (4) habitual overindulgence in the use of intoxicating 
  9.24  liquors; 
  9.25     (5) improper or unauthorized prescription, dispensing, 
  9.26  administering, or personal or other use of any legend drug as 
  9.27  defined in chapter 151, of any chemical as defined in chapter 
  9.28  151, or of any controlled substance as defined in chapter 152; 
  9.29     (6) conduct unbecoming a person licensed to practice 
  9.30  dentistry or, dental hygiene, or denturism or registered as a 
  9.31  dental assistant, or conduct contrary to the best interest of 
  9.32  the public, as such conduct is defined by the rules of the 
  9.33  board; 
  9.34     (7) gross immorality; 
  9.35     (8) any physical, mental, emotional, or other disability 
  9.36  which adversely affects a dentist's, dental 
 10.1   hygienist's, denturist's, or registered dental assistant's 
 10.2   ability to perform the service for which the person is licensed 
 10.3   or registered; 
 10.4      (9) revocation or suspension of a license, registration, or 
 10.5   equivalent authority to practice, or other disciplinary action 
 10.6   or denial of a license or registration application taken by a 
 10.7   licensing, registering, or credentialing authority of another 
 10.8   state, territory, or country as evidenced by a certified copy of 
 10.9   the licensing authority's order, if the disciplinary action or 
 10.10  application denial was based on facts that would provide a basis 
 10.11  for disciplinary action under this chapter and if the action was 
 10.12  taken only after affording the credentialed person or applicant 
 10.13  notice and opportunity to refute the allegations or pursuant to 
 10.14  stipulation or other agreement; 
 10.15     (10) failure to maintain adequate safety and sanitary 
 10.16  conditions for a dental office in accordance with the standards 
 10.17  established by the rules of the board; 
 10.18     (11) employing, assisting, or enabling in any manner an 
 10.19  unlicensed person to practice dentistry; 
 10.20     (12) failure or refusal to attend, testify, and produce 
 10.21  records as directed by the board under subdivision 7; 
 10.22     (13) violation of, or failure to comply with, any other 
 10.23  provisions of sections 150A.01 to 150A.12, the rules of the 
 10.24  Board of Dentistry, or any disciplinary order issued by the 
 10.25  board, section 144.335 or 595.02, subdivision 1, paragraph (d), 
 10.26  or for any other just cause related to the practice of 
 10.27  dentistry.  Suspension, revocation, modification or limitation 
 10.28  of any license shall not be based upon any judgment as to 
 10.29  therapeutic or monetary value of any individual drug prescribed 
 10.30  or any individual treatment rendered, but only upon a repeated 
 10.31  pattern of conduct; 
 10.32     (14) knowingly providing false or misleading information 
 10.33  that is directly related to the care of that patient unless done 
 10.34  for an accepted therapeutic purpose such as the administration 
 10.35  of a placebo; or 
 10.36     (15) aiding suicide or aiding attempted suicide in 
 11.1   violation of section 609.215 as established by any of the 
 11.2   following:  
 11.3      (i) a copy of the record of criminal conviction or plea of 
 11.4   guilty for a felony in violation of section 609.215, subdivision 
 11.5   1 or 2; 
 11.6      (ii) a copy of the record of a judgment of contempt of 
 11.7   court for violating an injunction issued under section 609.215, 
 11.8   subdivision 4; 
 11.9      (iii) a copy of the record of a judgment assessing damages 
 11.10  under section 609.215, subdivision 5; or 
 11.11     (iv) a finding by the board that the person violated 
 11.12  section 609.215, subdivision 1 or 2.  The board shall 
 11.13  investigate any complaint of a violation of section 609.215, 
 11.14  subdivision 1 or 2. 
 11.15     Sec. 14.  Minnesota Statutes 2003 Supplement, section 
 11.16  150A.08, subdivision 3a, is amended to read: 
 11.17     Subd. 3a.  [COSTS; ADDITIONAL PENALTIES.] (a) The board may 
 11.18  impose a civil penalty not exceeding $10,000 for each separate 
 11.19  violation, the amount of the civil penalty to be fixed so as to 
 11.20  deprive a licensee or registrant of any economic advantage 
 11.21  gained by reason of the violation, to discourage similar 
 11.22  violations by the licensee or registrant or any other licensee 
 11.23  or registrant, or to reimburse the board for the cost of the 
 11.24  investigation and proceeding, including, but not limited to, 
 11.25  fees paid for services provided by the Office of Administrative 
 11.26  Hearings, legal and investigative services provided by the 
 11.27  Office of the Attorney General, court reporters, witnesses, 
 11.28  reproduction of records, board members' per diem compensation, 
 11.29  board staff time, and travel costs and expenses incurred by 
 11.30  board staff and board members. 
 11.31     (b) In addition to costs and penalties imposed under 
 11.32  paragraph (a), the board may also: 
 11.33     (1) order the dentist, dental hygienist, denturist, or 
 11.34  dental assistant to provide unremunerated service; 
 11.35     (2) censure or reprimand the dentist, dental 
 11.36  hygienist, denturist, or dental assistant; or 
 12.1      (3) any other action as allowed by law and justified by the 
 12.2   facts of the case. 
 12.3      Sec. 15.  Minnesota Statutes 2002, section 150A.08, 
 12.4   subdivision 5, is amended to read: 
 12.5      Subd. 5.  [MEDICAL EXAMINATIONS.] If the board has probable 
 12.6   cause to believe that a dentist, dental hygienist, denturist, 
 12.7   registered dental assistant, or applicant engages in acts 
 12.8   described in subdivision 1, clause (4) or (5), or has a 
 12.9   condition described in subdivision 1, clause (8), it shall 
 12.10  direct the dentist, dental hygienist, denturist, assistant, or 
 12.11  applicant to submit to a mental or physical examination or a 
 12.12  chemical dependency assessment.  For the purpose of this 
 12.13  subdivision, every dentist, hygienist, denturist, or assistant 
 12.14  licensed or registered under this chapter or person submitting 
 12.15  an application for a license or registration is deemed to have 
 12.16  given consent to submit to a mental or physical examination when 
 12.17  directed in writing by the board and to have waived all 
 12.18  objections in any proceeding under this section to the 
 12.19  admissibility of the examining physician's testimony or 
 12.20  examination reports on the ground that they constitute a 
 12.21  privileged communication.  Failure to submit to an examination 
 12.22  without just cause may result in an application being denied or 
 12.23  a default and final order being entered without the taking of 
 12.24  testimony or presentation of evidence, other than evidence which 
 12.25  may be submitted by affidavit, that the licensee, registrant, or 
 12.26  applicant did not submit to the examination.  A dentist, dental 
 12.27  hygienist, denturist, registered dental assistant, or applicant 
 12.28  affected under this section shall at reasonable intervals be 
 12.29  afforded an opportunity to demonstrate ability to start or 
 12.30  resume the competent practice of dentistry or perform the duties 
 12.31  of a dental hygienist, denturist, or registered dental assistant 
 12.32  with reasonable skill and safety to patients.  In any proceeding 
 12.33  under this subdivision, neither the record of proceedings nor 
 12.34  the orders entered by the board is admissible, is subject to 
 12.35  subpoena, or may be used against the dentist, dental 
 12.36  hygienist, denturist, registered dental assistant, or applicant 
 13.1   in any proceeding not commenced by the board.  Information 
 13.2   obtained under this subdivision shall be classified as private 
 13.3   pursuant to the Minnesota Government Data Practices Act.  
 13.4      Sec. 16.  Minnesota Statutes 2002, section 150A.09, 
 13.5   subdivision 1, is amended to read: 
 13.6      Subdivision 1.  [REGISTRATION INFORMATION AND PROCEDURE.] 
 13.7   On or before the license or registration certificate expiration 
 13.8   date every licensed dentist, dental hygienist, denturist, and 
 13.9   registered dental assistant shall transmit to the executive 
 13.10  secretary of the board, pertinent information required by the 
 13.11  board, together with the fee established by the board.  At least 
 13.12  30 days before a license or registration certificate expiration 
 13.13  date, the board shall send a written notice stating the amount 
 13.14  and due date of the fee and the information to be provided to 
 13.15  every licensed dentist, dental hygienist, denturist, and 
 13.16  registered dental assistant. 
 13.17     Sec. 17.  Minnesota Statutes 2002, section 150A.09, 
 13.18  subdivision 3, is amended to read: 
 13.19     Subd. 3.  [CURRENT ADDRESS, CHANGE OF ADDRESS.] Every 
 13.20  dentist, dental hygienist, denturist, and registered dental 
 13.21  assistant shall maintain with the board a correct and current 
 13.22  mailing address.  For dentists engaged in the practice of 
 13.23  dentistry, the address shall be that of the location of the 
 13.24  primary dental practice.  Within 30 days after changing 
 13.25  addresses, every dentist, dental hygienist, denturist, and 
 13.26  registered dental assistant shall provide the board written 
 13.27  notice of the new address either personally or by first class 
 13.28  mail. 
 13.29     Sec. 18.  Minnesota Statutes 2002, section 150A.10, 
 13.30  subdivision 3, is amended to read: 
 13.31     Subd. 3.  [DENTAL TECHNICIANS.] Every licensed dentist or 
 13.32  licensed denturist who uses the services of any unlicensed 
 13.33  person, other than under the dentist's supervision and within 
 13.34  such dentist's own office, for the purpose of constructing, 
 13.35  altering, repairing or duplicating any denture, partial denture, 
 13.36  crown, bridge, splint, orthodontic, prosthetic or other dental 
 14.1   appliance, shall be required to furnish such unlicensed person 
 14.2   with a written work order in such form as shall be prescribed by 
 14.3   the rules of the board; said work order shall be made in 
 14.4   duplicate form, a duplicate copy to be retained in a permanent 
 14.5   file in the dentist's or denturist's office for a period of two 
 14.6   years, and the original to be retained in a permanent file for a 
 14.7   period of two years by such unlicensed person in that person's 
 14.8   place of business.  Such permanent file of work orders to be 
 14.9   kept by such dentist or denturist or by such unlicensed person 
 14.10  shall be open to inspection at any reasonable time by the board 
 14.11  or its duly constituted agent. 
 14.12     Sec. 19.  Minnesota Statutes 2002, section 150A.10, is 
 14.13  amended by adding a subdivision to read: 
 14.14     Subd. 5.  [DENTURISTS.] A licensed denturist may provide 
 14.15  those services authorized in section 150A.06, subdivision 1d.  
 14.16  For one year following initial licensure, a licensed denturist 
 14.17  must receive from the patient a certificate of oral health from 
 14.18  a licensed dentist or physician certifying that a denture poses 
 14.19  no threat to the patient's health before providing authorized 
 14.20  services.  The certificate must be dated 60 days from the date 
 14.21  the services are performed by the denturist.  
 14.22     Sec. 20.  Minnesota Statutes 2002, section 150A.11, 
 14.23  subdivision 2, is amended to read: 
 14.24     Subd. 2.  [PROFESSIONAL ADVERTISING.] Public advertising by 
 14.25  dentists or denturists may be controlled by reasonable rules of 
 14.26  the board.  Such rules shall include permission for such things 
 14.27  as publication of a professional card, reasonable signs on or 
 14.28  about the place of business, announcements of changes or opening 
 14.29  of offices and telephone listings.  
 14.30     Sec. 21.  Minnesota Statutes 2002, section 150A.11, 
 14.31  subdivision 3, is amended to read: 
 14.32     Subd. 3.  [ADVERTISING OR USE OF DENTAL SERVICES AND 
 14.33  APPLIANCES.] No person shall advertise in any manner the sale, 
 14.34  supply, furnishing, construction, reproduction, relining, or 
 14.35  repair without a written work order by a licensed dentist or 
 14.36  licensed denturist of prosthetic dentures, bridges, plates or 
 15.1   other appliances to be used or worn as substitutes for natural 
 15.2   teeth, or for the regulation thereof.  All such advertisements 
 15.3   shall contain the words "A written work order from a licensed 
 15.4   dentist or licensed denturist is required" in at least 10-point 
 15.5   type size.  Except for advertising permitted under this 
 15.6   subdivision, a person not licensed to practice dentistry or 
 15.7   denturism in this state shall not sell or offer any such service 
 15.8   or products to other than the dental profession or its ancillary 
 15.9   trades, provided, however that the mere delivery of such 
 15.10  products to an ultimate consumer or person acting in the 
 15.11  consumer's behalf for the purpose of transporting such products 
 15.12  to the licensed dentist or licensed denturist who provided the 
 15.13  work order shall not violate this subdivision.  This subdivision 
 15.14  shall not apply to mailings, displays, and advertisements the 
 15.15  primary distribution of which is to the dental profession or its 
 15.16  ancillary trades.  
 15.17     Sec. 22.  Minnesota Statutes 2002, section 150A.11, 
 15.18  subdivision 4, is amended to read: 
 15.19     Subd. 4.  [DIVIDING FEES.] It shall be unlawful for any 
 15.20  dentist or denturist to divide fees with or promise to pay a 
 15.21  part of the dentist's or denturist's fee to, or to pay a 
 15.22  commission to, any dentist or other person who calls the dentist 
 15.23  or denturist in consultation or who sends patients to the 
 15.24  dentist or denturist for treatment, or operation, but nothing 
 15.25  herein shall prevent licensed dentists or licensed denturists 
 15.26  from forming a bona fide partnership for the practice of 
 15.27  dentistry, nor to the actual employment by a licensed dentist of 
 15.28  a licensed dental hygienist, licensed denturist, or another 
 15.29  licensed dentist.  
 15.30     Sec. 23.  Minnesota Statutes 2002, section 150A.12, is 
 15.31  amended to read: 
 15.32     150A.12 [VIOLATION AND DEFENSES.] 
 15.33     Every person who violates any of the provisions of sections 
 15.34  150A.01 to 150A.12 for which no specific penalty is provided 
 15.35  herein, shall be guilty of a gross misdemeanor; and, upon 
 15.36  conviction, punished by a fine of not more than $3,000 or by 
 16.1   imprisonment in the county jail for not more than one year or by 
 16.2   both such fine and imprisonment.  In the prosecution of any 
 16.3   person for violation of sections 150A.01 to 150A.12, it shall 
 16.4   not be necessary to allege or prove lack of a valid license to 
 16.5   practice dentistry or, dental hygiene, or denturism but such 
 16.6   matter shall be a matter of defense to be established by the 
 16.7   defendant.  
 16.8      Sec. 24.  Minnesota Statutes 2002, section 150A.21, is 
 16.9   amended to read: 
 16.10     150A.21 [REMOVABLE DENTAL PROSTHESES; OWNER 
 16.11  IDENTIFICATION.] 
 16.12     Subdivision 1.  Every complete upper and lower denture and 
 16.13  removable dental prosthesis fabricated by a dentist or denturist 
 16.14  licensed under section 150A.06, or fabricated pursuant to the 
 16.15  dentist's or denturist's work order, shall be marked with the 
 16.16  name and Social Security number of the patient for whom the 
 16.17  prosthesis is intended.  The markings shall be done during 
 16.18  fabrication and shall be permanent, legible and cosmetically 
 16.19  acceptable. The exact location of the markings and the methods 
 16.20  used to apply or implant them shall be determined by the 
 16.21  dentist, denturist, or dental laboratory fabricating the 
 16.22  prosthesis.  If in the professional judgment of the dentist, 
 16.23  denturist, or dental laboratory, this identification is not 
 16.24  practicable, identification shall be provided as follows: 
 16.25     (a) The Social Security number of the patient may be 
 16.26  omitted if the name of the patient is shown; 
 16.27     (b) The initials of the patient may be shown alone, if use 
 16.28  of the name of the patient is impracticable; 
 16.29     (c) The identification marks may be omitted in their 
 16.30  entirety if none of the forms of identification specified in 
 16.31  clauses (a) and (b) are practicable or clinically safe. 
 16.32     Subd. 2.  Any removable dental prosthesis in existence 
 16.33  prior to August 1, 1978, which was not marked in accordance with 
 16.34  subdivision 1 at the time of its fabrication, shall be so marked 
 16.35  at the time of any subsequent rebasing. 
 16.36     Subd. 3.  The commissioner of health shall provide 
 17.1   technical assistance for marking methods and materials and other 
 17.2   matters necessary to effectuate the provisions of this section. 
 17.3      Subd. 4.  Failure of any dentist or denturist to comply 
 17.4   with this section shall be deemed to be a violation for which 
 17.5   the dentist or denturist may be subject to proceedings pursuant 
 17.6   to section 150A.08, provided the dentist or denturist is charged 
 17.7   with the violation within two years of initial insertion of the 
 17.8   dental prosthetic device.