1st Unofficial Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health occupations; creating licensure for 1.3 dental assistants; establishing guest licenses for 1.4 dentists and dental hygienists; establishing guest 1.5 registration for dental assistants; appropriating 1.6 money; amending Minnesota Statutes 2000, sections 1.7 144.054, subdivision 2; 150A.01, subdivisions 5, 8; 1.8 150A.02, subdivision 1; 150A.03, subdivision 1; 1.9 150A.05, subdivision 2, by adding a subdivision; 1.10 150A.06, subdivisions 2a, 2b, 5, 6, by adding a 1.11 subdivision; 150A.08, subdivisions 1, 3, 4, 5, 6, 8; 1.12 150A.081, subdivisions 1, 2; 150A.09, subdivisions 1, 1.13 3, 5; 150A.10, subdivision 2; 214.18, subdivision 5; 1.14 352.91, subdivision 3g; Minnesota Statutes 2001 1.15 Supplement, section 116J.70, subdivision 2a. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 Section 1. Minnesota Statutes 2001 Supplement, section 1.18 116J.70, subdivision 2a, is amended to read: 1.19 Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or 1.20 "license" does not include the following: 1.21 (1) any occupational license or registration issued by a 1.22 licensing board listed in section 214.01 or any occupational 1.23 registration issued by the commissioner of health pursuant to 1.24 section 214.13; 1.25 (2) any license issued by a county, home rule charter city, 1.26 statutory city, township, or other political subdivision; 1.27 (3) any license required to practice the following 1.28 occupation regulated by the following sections: 1.29 (i) abstracters regulated pursuant to chapter 386; 1.30 (ii) accountants regulated pursuant to chapter 326A; 2.1 (iii) adjusters regulated pursuant to chapter 72B; 2.2 (iv) architects regulated pursuant to chapter 326; 2.3 (v) assessors regulated pursuant to chapter 270; 2.4 (vi) athletic trainers regulated pursuant to chapter 148; 2.5 (vii) attorneys regulated pursuant to chapter 481; 2.6 (viii) auctioneers regulated pursuant to chapter 330; 2.7 (ix) barbers regulated pursuant to chapter 154; 2.8 (x) beauticians regulated pursuant to chapter 155A; 2.9 (xi) boiler operators regulated pursuant to chapter 183; 2.10 (xii) chiropractors regulated pursuant to chapter 148; 2.11 (xiii) collection agencies regulated pursuant to chapter 2.12 332; 2.13 (xiv) cosmetologists regulated pursuant to chapter 155A; 2.14 (xv) dentists,registereddental assistants, and dental 2.15 hygienists regulated pursuant to chapter 150A; 2.16 (xvi) detectives regulated pursuant to chapter 326; 2.17 (xvii) electricians regulated pursuant to chapter 326; 2.18 (xviii) mortuary science practitioners regulated pursuant 2.19 to chapter 149A; 2.20 (xix) engineers regulated pursuant to chapter 326; 2.21 (xx) insurance brokers and salespersons regulated pursuant 2.22 to chapter 60A; 2.23 (xxi) certified interior designers regulated pursuant to 2.24 chapter 326; 2.25 (xxii) midwives regulated pursuant to chapter 147D; 2.26 (xxiii) nursing home administrators regulated pursuant to 2.27 chapter 144A; 2.28 (xxiv) optometrists regulated pursuant to chapter 148; 2.29 (xxv) osteopathic physicians regulated pursuant to chapter 2.30 147; 2.31 (xxvi) pharmacists regulated pursuant to chapter 151; 2.32 (xxvii) physical therapists regulated pursuant to chapter 2.33 148; 2.34 (xxviii) physician assistants regulated pursuant to chapter 2.35 147A; 2.36 (xxix) physicians and surgeons regulated pursuant to 3.1 chapter 147; 3.2 (xxx) plumbers regulated pursuant to chapter 326; 3.3 (xxxi) podiatrists regulated pursuant to chapter 153; 3.4 (xxxii) practical nurses regulated pursuant to chapter 148; 3.5 (xxxiii) professional fund raisers regulated pursuant to 3.6 chapter 309; 3.7 (xxxiv) psychologists regulated pursuant to chapter 148; 3.8 (xxxv) real estate brokers, salespersons, and others 3.9 regulated pursuant to chapters 82 and 83; 3.10 (xxxvi) registered nurses regulated pursuant to chapter 3.11 148; 3.12 (xxxvii) securities brokers, dealers, agents, and 3.13 investment advisers regulated pursuant to chapter 80A; 3.14 (xxxviii) steamfitters regulated pursuant to chapter 326; 3.15 (xxxix) teachers and supervisory and support personnel 3.16 regulated pursuant to chapter 125; 3.17 (xl) veterinarians regulated pursuant to chapter 156; 3.18 (xli) water conditioning contractors and installers 3.19 regulated pursuant to chapter 326; 3.20 (xlii) water well contractors regulated pursuant to chapter 3.21 103I; 3.22 (xliii) water and waste treatment operators regulated 3.23 pursuant to chapter 115; 3.24 (xliv) motor carriers regulated pursuant to chapter 221; 3.25 (xlv) professional firms regulated under chapter 319B; 3.26 (xlvi) real estate appraisers regulated pursuant to chapter 3.27 82B; 3.28 (xlvii) residential building contractors, residential 3.29 remodelers, residential roofers, manufactured home installers, 3.30 and specialty contractors regulated pursuant to chapter 326; 3.31 (4) any driver's license required pursuant to chapter 171; 3.32 (5) any aircraft license required pursuant to chapter 360; 3.33 (6) any watercraft license required pursuant to chapter 3.34 86B; 3.35 (7) any license, permit, registration, certification, or 3.36 other approval pertaining to a regulatory or management program 4.1 related to the protection, conservation, or use of or 4.2 interference with the resources of land, air, or water, which is 4.3 required to be obtained from a state agency or instrumentality; 4.4 and 4.5 (8) any pollution control rule or standard established by 4.6 the pollution control agency or any health rule or standard 4.7 established by the commissioner of health or any licensing rule 4.8 or standard established by the commissioner of human services. 4.9 Sec. 2. Minnesota Statutes 2000, section 144.054, 4.10 subdivision 2, is amended to read: 4.11 Subd. 2. [HIV; HBV.] The commissioner may subpoena 4.12 privileged medical information of patients who may have been 4.13 exposed by a licensed dental hygienist, dentist, physician, 4.14 nurse, podiatrist,a registeredor dental assistant,or a 4.15 physician's assistant who is infected with the human 4.16 immunodeficiency virus (HIV) or hepatitis B virus (HBV) when the 4.17 commissioner has determined that it may be necessary to notify 4.18 those patients that they may have been exposed to HIV or HBV. 4.19 Sec. 3. Minnesota Statutes 2000, section 150A.01, 4.20 subdivision 5, is amended to read: 4.21 Subd. 5. [UNLICENSED DENTAL ASSISTANT.] "Unlicensed dental 4.22 assistant" means a person performing acts authorized under 4.23 section 150A.10, subdivision 2. 4.24 Sec. 4. Minnesota Statutes 2000, section 150A.01, 4.25 subdivision 8, is amended to read: 4.26 Subd. 8. [REGISTEREDDENTAL ASSISTANT.] "RegisteredDental 4.27 assistant" means a personregisteredlicensed pursuant to 4.28section 150A.06sections 150A.01 to 150A.12 to perform the 4.29 services authorized pursuant to sections 150A.05, subdivision 4.30 1b, and 150A.10, subdivision 2. 4.31 Sec. 5. Minnesota Statutes 2000, section 150A.02, 4.32 subdivision 1, is amended to read: 4.33 Subdivision 1. There is hereby created a board of 4.34 dentistry whose duty it shall be to carry out the purposes and 4.35 enforce the provisions of sections 150A.01 to 150A.12. The 4.36 board shall consist of two public members as defined by section 5.1 214.02, five qualified resident dentists, one qualified resident 5.2registereddental assistant, and one qualified resident dental 5.3 hygienist appointed by the governor. Membership terms, 5.4 compensation of members, removal of members, the filling of 5.5 membership vacancies, and fiscal year and reporting requirements 5.6 shall be as provided in sections 214.07 to 214.09. The 5.7 provision of staff, administrative services and office space; 5.8 the review and processing of board complaints; the setting of 5.9 board fees; and other provisions relating to board operations 5.10 shall be as provided in chapter 214. Each board member who is a 5.11 dentist,registereddental assistant, or dental hygienist shall 5.12 have been lawfully in active practice in this state for five 5.13 years immediately preceding appointment; and no board member 5.14 shall be eligible for appointment to more than two consecutive 5.15 four-year terms, and members serving on the board at the time of 5.16 the enactment hereof shall be eligible to reappointment provided 5.17 they shall not have served more than nine consecutive years at 5.18 the expiration of the term to which they are to be appointed. 5.19 At least 90 days prior to the expiration of the terms of 5.20 dentists,registereddental assistants, or dental hygienists, 5.21 the Minnesota dental association, Minnesota dental assistants 5.22 association, or the Minnesota state dental hygiene association 5.23 shall recommend to the governor for each term expiring not less 5.24 than two dentists, tworegistereddental assistants, or two 5.25 dental hygienists, respectively, who are qualified to serve on 5.26 the board, and from the list so recommended the governor may 5.27 appoint members to the board for the term of four years, the 5.28 appointments to be made within 30 days after the expiration of 5.29 the terms. Within 60 days after the occurrence of a dentist, 5.30registereddental assistant, or dental hygienist vacancy, prior 5.31 to the expiration of the term, in the board, the Minnesota 5.32 dental association, the Minnesota dental assistants association, 5.33 or the Minnesota state dental hygiene association shall 5.34 recommend to the governor not less than two dentists, two 5.35registereddental assistants, or two dental hygienists, who are 5.36 qualified to serve on the board and from the list so recommended 6.1 the governor, within 30 days after receiving such list of 6.2 dentists, may appoint one member to the board for the unexpired 6.3 term occasioned by such vacancy. Any appointment to fill a 6.4 vacancy shall be made within 90 days after the occurrence of 6.5 such vacancy. The first four-year term of the dental hygienist 6.6 and of theregistereddental assistant shall commence on the 6.7 first Monday in January, 1977. 6.8 Sec. 6. Minnesota Statutes 2000, section 150A.03, 6.9 subdivision 1, is amended to read: 6.10 Subdivision 1. [OFFICERS.] The board shall elect from its 6.11 members a president, a vice-president, and a secretary. The 6.12 board shall have a common seal. It may hold meetings at such 6.13 times as may be necessary and as it may determine. The board 6.14 may affiliate and participate, both in and out-of-state, with 6.15 regional and national testing agencies for the purpose of 6.16 conducting examinations for licensureand registration. The fee 6.17 charged by such an agency for conducting the examination may be 6.18 in addition to the application fee established by the board 6.19 pursuant to section 150A.06. 6.20 Sec. 7. Minnesota Statutes 2000, section 150A.05, is 6.21 amended by adding a subdivision to read: 6.22 Subd. 1b. [PRACTICE OF DENTAL ASSISTING.] A person shall 6.23 be deemed to be practicing as a dental assistant within the 6.24 meaning of sections 150A.01 to 150A.12 who performs any duty or 6.25 related services delegated by a licensed dentist as permitted by 6.26 the rules of the board. 6.27 Sec. 8. Minnesota Statutes 2000, section 150A.05, 6.28 subdivision 2, is amended to read: 6.29 Subd. 2. [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES 6.30 AND OPERATIONS.] Sections 150A.01 to 150A.12 do not apply to: 6.31 (1) the practice of dentistryor, dental hygiene, or dental 6.32 assisting in any branch of the armed services of the United 6.33 States, the United States Public Health Service, or the United 6.34 States Veterans Administration; 6.35 (2) the practice of dentistry, dental hygiene, or dental 6.36 assisting by undergraduate dental students, dental hygiene 7.1 students, and dental assisting students of the University of 7.2 Minnesota, schools of dental hygiene, or schools of dental 7.3 assisting approved by the board, when acting under the direction 7.4 and supervision of a licensed dentistor, a licensed dental 7.5 hygienist, or a licensed dental assistant acting as an 7.6 instructor; 7.7 (3) the practice of dentistry by licensed dentists of other 7.8 states or countries while appearing as clinicians under the 7.9 auspices of a duly approved dental school or college, or a 7.10 reputable dental society, or a reputable dental study club 7.11 composed of dentists; 7.12 (4) the actions of persons while they are taking 7.13 examinations for licensureor registrationadministered or 7.14 approved by the board pursuant to sections 150A.03, subdivision 7.15 1, and 150A.06, subdivisions 1, 2, and 2a; 7.16 (5) the practice of dentistry by dentists and dental 7.17 hygienists licensed by other states during their functioning as 7.18 examiners responsible for conducting licensureor registration7.19 examinations administered by regional and national testing 7.20 agencies with whom the board is authorized to affiliate and 7.21 participate under section 150A.03, subdivision 1, and the 7.22 practice of dentistry by the regional and national testing 7.23 agencies during their administering examinations pursuant to 7.24 section 150A.03, subdivision 1; 7.25 (6) the use of X-rays or other diagnostic imaging 7.26 modalities for making radiographs or other similar records in a 7.27 hospital under the supervision of a physician or dentist or by a 7.28 person who is credentialed to use diagnostic imaging modalities 7.29 or X-ray machines for dental treatment, roentgenograms, or 7.30 dental diagnostic purposes by a credentialing agency other than 7.31 the board of dentistry; or 7.32 (7) the service, other than service performed directly upon 7.33 the person of a patient, of constructing, altering, repairing, 7.34 or duplicating any denture, partial denture, crown, bridge, 7.35 splint, orthodontic, prosthetic, or other dental appliance, when 7.36 performed according to a written work order from a licensed 8.1 dentist in accordance with section 150A.10, subdivision 3. 8.2 Sec. 9. Minnesota Statutes 2000, section 150A.06, 8.3 subdivision 2a, is amended to read: 8.4 Subd. 2a. [REGISTEREDDENTALASSISTANTASSISTANTS.] A 8.5 person of good moral character, who has submitted an application 8.6 and fee as prescribed by the board and the diploma or equivalent 8.7 awarded to the person by a training school for dental assistants 8.8 or its equivalent approved by the board, may be examined by the 8.9 board or by an agency pursuant to section 150A.03, subdivision 8.10 1, in a manner to test the applicant's fitness to perform as a 8.11registeredlicensed dental assistant. In the case of 8.12 examinations conducted pursuant to section 150A.03, subdivision 8.13 1, applicants may take the examination before applying to the 8.14 board forregistrationlicensure. The examination shall include 8.15 an examination of the applicant's knowledge of the laws of 8.16 Minnesota relating to dentistry and the rules of the board. An 8.17 applicant is ineligible to retake the clinical examination 8.18 required by the board after failing it twice until further 8.19 education and training are obtained as specified by the board by 8.20 rule. A separate, nonrefundable fee may be charged for each 8.21 time a person applies. An applicant who passes the examination 8.22 in compliance with subdivision 2b and meets all the other 8.23 requirements of the board shall beregisteredlicensed as a 8.24 dental assistant. The examination fee set by the board in rule 8.25 is the application fee until the board amends, repeals, or 8.26 otherwise changes the rules pursuant to chapter 14. 8.27 Sec. 10. Minnesota Statutes 2000, section 150A.06, 8.28 subdivision 2b, is amended to read: 8.29 Subd. 2b. [EXAMINATION.] When board members administer the 8.30 examination for licensureor registration, only those board 8.31 members qualified for the particular examination may administer 8.32 it. An examination which the board requires as a condition of 8.33 licensureor registrationmust have been taken within the five 8.34 years before the board receives the application for licensureor8.35registration. 8.36 Sec. 11. Minnesota Statutes 2000, section 150A.06, is 9.1 amended by adding a subdivision to read: 9.2 Subd. 2c. [GUEST LICENSE OR REGISTRATION.] (a) The board 9.3 shall grant a guest license to practice as a dentist or dental 9.4 hygienist or a guest registration to practice as a dental 9.5 assistant if the following conditions are met: 9.6 (1) the dentist, dental hygienist, or dental assistant is 9.7 currently licensed or registered in good standing in North 9.8 Dakota, South Dakota, Iowa, or Wisconsin; 9.9 (2) the dentist, dental hygienist, or dental assistant is 9.10 currently engaged in the practice of that person's respective 9.11 profession in North Dakota, South Dakota, Iowa, or Wisconsin; 9.12 (3) the dentist, dental hygienist, or dental assistant is 9.13 seeking to practice in a public health setting in Minnesota that 9.14 (i) is approved by the board; (ii) was established by a 9.15 nonprofit organization that is tax exempt under chapter 9.16 501(c)(3) of the Internal Revenue Code of 1986; and (iii) 9.17 provides dental care to patients who have difficulty accessing 9.18 dental care; 9.19 (4) the dentist, dental hygienist, or dental assistant 9.20 agrees to treat indigent patients who meet the eligibility 9.21 criteria established by the clinic; and 9.22 (5) the dentist, dental hygienist, or dental assistant has 9.23 applied to the board for a guest license or registration, 9.24 providing evidence of being currently licensed or registered in 9.25 good standing in North Dakota, South Dakota, Iowa, or Wisconsin, 9.26 and has paid a nonrefundable license fee to the board of $50. 9.27 (b) A dentist, dental hygienist, or dental assistant 9.28 practicing under a guest license or registration may only 9.29 practice at a single, specific location in Minnesota. A guest 9.30 license or registration must be renewed annually with the board 9.31 and an annual renewal fee of $50 must be paid to the board. If 9.32 the clinic in Minnesota at which a dentist, dental hygienist, or 9.33 dental assistant seeks to practice permanently ceases operation, 9.34 the guest license or registration issued under this subdivision 9.35 is automatically revoked. 9.36 (c) A dentist, dental hygienist, or dental assistant 10.1 practicing under a guest license or registration under this 10.2 subdivision shall have the same obligations as a dentist, dental 10.3 hygienist, or dental assistant who is licensed in Minnesota and 10.4 shall be subject to the laws and rules of Minnesota and the 10.5 regulatory authority of the board. If the board suspends or 10.6 revokes the guest license or registration of, or otherwise 10.7 disciplines, a dentist, dental hygienist, or dental assistant 10.8 practicing under this subdivision, the board shall promptly 10.9 report the disciplinary action to the dentist's, dental 10.10 hygienist's, or dental assistant's regulatory board in the 10.11 border state. 10.12[EFFECTIVE DATE.] This section is effective the day 10.13 following final enactment. 10.14 Sec. 12. Minnesota Statutes 2000, section 150A.06, 10.15 subdivision 5, is amended to read: 10.16 Subd. 5. [FRAUD IN SECURING LICENSES.] Every person 10.17 implicated in employing fraud or deception in applying for or 10.18 securing a license to practice dentistryor, dental hygieneor10.19in applying for or securing a registration to practice, dental 10.20 assisting, or in annually registering a licenseor registration10.21 under sections 150A.01 to 150A.12 is guilty of a gross 10.22 misdemeanor. 10.23 Sec. 13. Minnesota Statutes 2000, section 150A.06, 10.24 subdivision 6, is amended to read: 10.25 Subd. 6. [DISPLAY OF NAME AND CERTIFICATES.] The name,and 10.26 license certificate, and annual registration certificateof 10.27 every licensed dentist, dental hygienist, orregistereddental 10.28 assistant shall be conspicuously displayed in every office in 10.29 which that person practices, in plain sight of patients. If 10.30 there is more than one dentist, dental hygienist, orregistered10.31 dental assistant practicing or employed in any office, the 10.32 manager or proprietor of the office shall display in plain sight 10.33 the name, license certificateand annual registration10.34certificateof each dentist, dental hygienist, orregistered10.35 dental assistant practicing or employed there. Near or on the 10.36 entrance door to every office where dentistry is practiced, the 11.1 name of each dentist practicing there, as inscribed on the 11.2 license certificate and annual registration certificate of each 11.3 dentist, shall be displayed in plain sight. 11.4 Sec. 14. Minnesota Statutes 2000, section 150A.08, 11.5 subdivision 1, is amended to read: 11.6 Subdivision 1. [GROUNDS.] The board may refuse or by order 11.7 suspend or revoke, limit or modify by imposing conditions it 11.8 deems necessary, any license to practice dentistryor, dental 11.9 hygiene, orthe registration of anydentalassistantassisting 11.10 upon any of the following grounds: 11.11 (1) Fraud or deception in connection with the practice of 11.12 dentistry or the securing of a licenseor annual registration11.13certificate; 11.14 (2) Conviction, including a finding or verdict of guilt, an 11.15 admission of guilt, or a no contest plea, in any court of a 11.16 felony or gross misdemeanor reasonably related to the practice 11.17 of dentistry as evidenced by a certified copy of the conviction; 11.18 (3) Conviction, including a finding or verdict of guilt, an 11.19 admission of guilt, or a no contest plea, in any court of an 11.20 offense involving moral turpitude as evidenced by a certified 11.21 copy of the conviction; 11.22 (4) Habitual overindulgence in the use of intoxicating 11.23 liquors; 11.24 (5) Improper or unauthorized prescription, dispensing, 11.25 administering, or personal or other use of any legend drug as 11.26 defined in chapter 151, of any chemical as defined in chapter 11.27 151, or of any controlled substance as defined in chapter 152; 11.28 (6) Conduct unbecoming a person licensed to practice 11.29 dentistryor, dental hygiene, orregistered as adental 11.30assistantassisting, or conduct contrary to the best interest of 11.31 the public, as such conduct is defined by the rules of the 11.32 board; 11.33 (7) Gross immorality; 11.34 (8) Any physical, mental, emotional, or other disability 11.35 which adversely affects a dentist's, dental hygienist's, or 11.36registereddental assistant's ability to perform the service for 12.1 which the person is licensedor registered; 12.2 (9) Revocation or suspension of a license, registration,or 12.3 equivalent authority to practice, or other disciplinary action 12.4 or denial of a licenseor registrationapplication taken by a 12.5 licensing, registering, or credentialing authority of another 12.6 state, territory, or country as evidenced by a certified copy of 12.7 the licensing authority's order, if the disciplinary action or 12.8 application denial was based on facts that would provide a basis 12.9 for disciplinary action under this chapter and if the action was 12.10 taken only after affording the credentialed person or applicant 12.11 notice and opportunity to refute the allegations or pursuant to 12.12 stipulation or other agreement; 12.13 (10) Failure to maintain adequate safety and sanitary 12.14 conditions for a dental office in accordance with the standards 12.15 established by the rules of the board; 12.16 (11) Employing, assisting, or enabling in any manner an 12.17 unlicensed person to practice dentistry; 12.18 (12) Failure or refusal to attend, testify, and produce 12.19 records as directed by the board under subdivision 7; 12.20 (13) Violation of, or failure to comply with, any other 12.21 provisions of sections 150A.01 to 150A.12, the rules of the 12.22 board of dentistry, or any disciplinary order issued by the 12.23 board, section 144.335 or 595.02, subdivision 1, paragraph (d), 12.24 or for any other just cause related to the practice of 12.25 dentistry. Suspension, revocation, modification or limitation 12.26 of any license shall not be based upon any judgment as to 12.27 therapeutic or monetary value of any individual drug prescribed 12.28 or any individual treatment rendered, but only upon a repeated 12.29 pattern of conduct; 12.30 (14) Knowingly providing false or misleading information 12.31 that is directly related to the care of that patient unless done 12.32 for an accepted therapeutic purpose such as the administration 12.33 of a placebo; or 12.34 (15) Aiding suicide or aiding attempted suicide in 12.35 violation of section 609.215 as established by any of the 12.36 following: 13.1 (i) a copy of the record of criminal conviction or plea of 13.2 guilty for a felony in violation of section 609.215, subdivision 13.3 1 or 2; 13.4 (ii) a copy of the record of a judgment of contempt of 13.5 court for violating an injunction issued under section 609.215, 13.6 subdivision 4; 13.7 (iii) a copy of the record of a judgment assessing damages 13.8 under section 609.215, subdivision 5; or 13.9 (iv) a finding by the board that the person violated 13.10 section 609.215, subdivision 1 or 2. The board shall 13.11 investigate any complaint of a violation of section 609.215, 13.12 subdivision 1 or 2. 13.13 Sec. 15. Minnesota Statutes 2000, section 150A.08, 13.14 subdivision 3, is amended to read: 13.15 Subd. 3. [REINSTATEMENT.] Any licenseeor registrantwhose 13.16 licenseor registrationhas been suspended or revoked may have 13.17 the licenseor registrationreinstated or a new licenseor13.18registrationissued, as the case may be, when the board deems 13.19 the action is warranted. The board may require the licenseeor13.20registrantto pay all costs of proceedings resulting in the 13.21 suspension or revocation of licenseor registrationand 13.22 reinstatement or new license and the fee for reinstatement 13.23 established by the board. Any licenseeor registrantwho has 13.24 been disciplined by the board in a manner other than by 13.25 suspension or revocation may be required by the board to pay all 13.26 costs of proceedings resulting in the disciplinary action. 13.27 Sec. 16. Minnesota Statutes 2000, section 150A.08, 13.28 subdivision 4, is amended to read: 13.29 Subd. 4. [RECORDS.] The executive secretary of the board 13.30 shall keep a record of all licensesand registration13.31certificatesissued, suspended, or revoked. 13.32 Sec. 17. Minnesota Statutes 2000, section 150A.08, 13.33 subdivision 5, is amended to read: 13.34 Subd. 5. [MEDICAL EXAMINATIONS.] If the board has probable 13.35 cause to believe that a dentist, dental hygienist,registered13.36 dental assistant, or applicant engages in acts described in 14.1 subdivision 1, clause (4) or (5), or has a condition described 14.2 in subdivision 1, clause (8), it shall direct the dentist, 14.3 dental hygienist, dental assistant, or applicant to submit to a 14.4 mental or physical examination or a chemical dependency 14.5 assessment. For the purpose of this subdivision, every dentist, 14.6 hygienist, or assistant licensedor registeredunder this 14.7 chapter or person submitting an application for a licenseor14.8registrationis deemed to have given consent to submit to a 14.9 mental or physical examination when directed in writing by the 14.10 board and to have waived all objections in any proceeding under 14.11 this section to the admissibility of the examining physician's 14.12 testimony or examination reports on the ground that they 14.13 constitute a privileged communication. Failure to submit to an 14.14 examination without just cause may result in an application 14.15 being denied or a default and final order being entered without 14.16 the taking of testimony or presentation of evidence, other than 14.17 evidence which may be submitted by affidavit, that the licensee,14.18registrant,or applicant did not submit to the examination. A 14.19 dentist, dental hygienist,registereddental assistant, or 14.20 applicant affected under this section shall at reasonable 14.21 intervals be afforded an opportunity to demonstrate ability to 14.22 start or resume the competent practice of dentistry or perform 14.23 the duties of a dental hygienist orregistereddental assistant 14.24 with reasonable skill and safety to patients. In any proceeding 14.25 under this subdivision, neither the record of proceedings nor 14.26 the orders entered by the board is admissible, is subject to 14.27 subpoena, or may be used against the dentist, dental 14.28 hygienist,registereddental assistant, or applicant in any 14.29 proceeding not commenced by the board. Information obtained 14.30 under this subdivision shall be classified as private pursuant 14.31 to the Minnesota Government Data Practices Act. 14.32 Sec. 18. Minnesota Statutes 2000, section 150A.08, 14.33 subdivision 6, is amended to read: 14.34 Subd. 6. [MEDICAL RECORDS.] Notwithstanding contrary 14.35 provisions of sections 13.384 and 144.651 or any other statute 14.36 limiting access to medical or other health data, the board may 15.1 obtain medical data and health records of a licensee,15.2registrant,or applicant without the licensee's, registrant's,15.3 or applicant's consent if the information is requested by the 15.4 board as part of the process specified in subdivision 5. The 15.5 medical data may be requested from a provider, as defined in 15.6 section 144.335, subdivision 1, clause (b), an insurance 15.7 company, or a government agency, including the department of 15.8 human services. A provider, insurance company, or government 15.9 agency shall comply with any written request of the board under 15.10 this subdivision and shall not be liable in any action for 15.11 damages for releasing the data requested by the board if the 15.12 data are released pursuant to a written request under this 15.13 subdivision, unless the information is false and the provider 15.14 giving the information knew, or had reason to believe, the 15.15 information was false. Information obtained under this 15.16 subdivision shall be classified as private under the Minnesota 15.17 Government Data Practices Act. 15.18 Sec. 19. Minnesota Statutes 2000, section 150A.08, 15.19 subdivision 8, is amended to read: 15.20 Subd. 8. [SUSPENSION OF LICENSE.] In addition to any other 15.21 remedy provided by law, the board may, through its designated 15.22 board members pursuant to section 214.10, subdivision 2, 15.23 temporarily suspend a licenseor registrationwithout a hearing 15.24 if the board finds that the licenseeor registranthas violated 15.25 a statute or rule which the board is empowered to enforce and 15.26 continued practice by the licenseeor registrantwould create an 15.27 imminent risk of harm to others. The suspension shall take 15.28 effect upon written notice to the licenseeor registrantserved 15.29 by first class mail specifying the statute or rule violated, and 15.30 the time, date, and place of the hearing before the board. If 15.31 the notice is returned by the post office, the notice shall be 15.32 effective upon reasonable attempts to locate and serve the 15.33 licenseeor registrant. Within ten days of service of the 15.34 notice, the board shall hold a hearing before its own members on 15.35 the sole issue of whether there is a reasonable basis to 15.36 continue, modify, or lift the suspension. Evidence presented by 16.1 the board,or licensee, or registrant,shall be in affidavit 16.2 form only. The licenseeor registrantor counsel of the 16.3 licenseeor registrantmay appear for oral argument. Within 16.4 five working days after the hearing, the board shall issue its 16.5 order and, if the suspension is continued, the board shall 16.6 schedule a disciplinary hearing to be held pursuant to the 16.7 Administrative Procedure Act within 45 days of issuance of the 16.8 order. The administrative law judge shall issue a report within 16.9 30 days of the closing of the contested case hearing record. 16.10 The board shall issue a final order within 30 days of receiving 16.11 that report. The board may allow a person who was licensed by 16.12 any state to practice dentistry and whose license has been 16.13 suspended to practice dentistry under the supervision of a 16.14 licensed dentist for the purpose of demonstrating competence and 16.15 eligibility for reinstatement. 16.16 Sec. 20. Minnesota Statutes 2000, section 150A.081, 16.17 subdivision 1, is amended to read: 16.18 Subdivision 1. [ACCESS TO DATA ON LICENSEEOR REGISTRANT.] 16.19 When the board has probable cause to believe that a 16.20 licensee'sor registrant'scondition meets a ground listed in 16.21 section 150A.08, subdivision 1, clause (4) or (8), it may, 16.22 notwithstanding sections 13.384, 144.651, or any other law 16.23 limiting access to medical data, obtain medical or health 16.24 records on the licenseeor registrantwithout the licensee'sor16.25registrant'sconsent. The medical data may be requested from a 16.26 provider, as defined in section 144.335, subdivision 1, 16.27 paragraph (b), an insurance company, or a government agency. A 16.28 provider, insurance company, or government agency shall comply 16.29 with a written request of the board under this subdivision and 16.30 is not liable in any action for damages for releasing the data 16.31 requested by the board if the data are released under the 16.32 written request, unless the information is false and the entity 16.33 providing the information knew, or had reason to believe, the 16.34 information was false. 16.35 Sec. 21. Minnesota Statutes 2000, section 150A.081, 16.36 subdivision 2, is amended to read: 17.1 Subd. 2. [ACCESS TO DATA ON PATIENTS.] The board has 17.2 access to medical records of a patient treated by a licenseeor17.3registrantunder review if the patient signs a written consent 17.4 permitting access. If the patient has not given consent, the 17.5 licenseeor registrantmust delete data from which a patient may 17.6 be identified before releasing medical records to the board. 17.7 Sec. 22. Minnesota Statutes 2000, section 150A.09, 17.8 subdivision 1, is amended to read: 17.9 Subdivision 1. [REGISTRATIONRENEWAL INFORMATION AND 17.10 PROCEDURE.] On or before the licenseor registration certificate17.11 expiration date, every licensed dentist, dental hygienist, 17.12 andregistereddental assistant shall transmit to the executive 17.13 secretary of the board, pertinent information required by the 17.14 board, together with the fee established by the board. At least 17.15 30 days before a licenseor registration certificateexpiration 17.16 date, the board shall send a written notice stating the amount 17.17 and due date of the fee and the information to be provided to 17.18 every licensed dentist, dental hygienist, andregistereddental 17.19 assistant. 17.20 Sec. 23. Minnesota Statutes 2000, section 150A.09, 17.21 subdivision 3, is amended to read: 17.22 Subd. 3. [CURRENT ADDRESS, CHANGE OF ADDRESS.] Every 17.23 dentist, dental hygienist, andregistereddental assistant shall 17.24 maintain with the board a correct and current mailing address. 17.25 For dentists engaged in the practice of dentistry, the address 17.26 shall be that of the location of the primary dental practice. 17.27 Within 30 days after changing addresses, every dentist, dental 17.28 hygienist, andregistereddental assistant shall provide the 17.29 board written notice of the new address either personally or by 17.30 first class mail. 17.31 Sec. 24. Minnesota Statutes 2000, section 150A.09, 17.32 subdivision 5, is amended to read: 17.33 Subd. 5. [LATE FEE.] A late fee established by the board 17.34 shall be paid if the information and fee required by subdivision 17.35 1 is not received by the executive secretary of the board on or 17.36 before theregistration orlicense renewal date. 18.1 Sec. 25. Minnesota Statutes 2000, section 150A.10, 18.2 subdivision 2, is amended to read: 18.3 Subd. 2. [LICENSED AND UNLICENSED DENTAL ASSISTANTS.] 18.4 Every licensed dentist who uses the services of any licensed or 18.5 unlicensedpersondental assistant for the purpose of assistance 18.6 in the practice of dentistry shall be responsible for the acts 18.7 of suchunlicensedperson while engaged in such assistance. A 18.8 licensed dental assistant may provide any service delegated by a 18.9 licensed dentist as permitted by the rules of the board. Such 18.10 dentist shall permitsuchan unlicensed assistant to perform 18.11 only those acts which are authorized to be delegated to 18.12 unlicensed assistants by the board of dentistry. Such acts 18.13 shall be performed under supervision of a licensed dentist. The 18.14 board may permit differing levels of dental assistance based 18.15 upon recognized educational standards, approved by the board, 18.16 for the training of dental assistants. The board may also 18.17 define by rule the scope of practice ofregistered and18.18nonregisteredlicensed and unlicensed dental assistants. The 18.19 board by rule may require continuing education for differing 18.20 levels of dental assistants, as a condition to 18.21 theirregistrationlicensure or authority to perform their 18.22 authorized duties. Any licensed dentist who shall permitsucha 18.23 licensed or unlicensed assistant to perform any dental service 18.24 other than that authorized by the board shall be deemed to be 18.25 enabling an unlicensed person to practice dentistry, and 18.26 commission of such an act bysucha licensed or unlicensed 18.27 assistant shall constitute a violation of sections 150A.01 to 18.28 150A.12. 18.29 Sec. 26. Minnesota Statutes 2000, section 214.18, 18.30 subdivision 5, is amended to read: 18.31 Subd. 5. [REGULATED PERSON.] "Regulated person" means a 18.32 licensed dental hygienist, dentist, physician, nurse who is 18.33 currently registered as a registered nurse or licensed practical 18.34 nurse, podiatrist,a registeredor dental assistant, a 18.35 physician's assistant, and for purposes of sections 214.19, 18.36 subdivisions 4 and 5; 214.20, paragraph (a); and 214.24, a 19.1 chiropractor. 19.2 Sec. 27. Minnesota Statutes 2000, section 352.91, 19.3 subdivision 3g, is amended to read: 19.4 Subd. 3g. [ADDITIONAL CORRECTIONS DEPARTMENT PERSONNEL.] 19.5 (a) "Covered correctional service" means service by a state 19.6 employee in one of the employment positions at the designated 19.7 Minnesota correctional facility specified in paragraph (b), 19.8 provided that at least 75 percent of the employee's working time 19.9 is spent in direct contact with inmates and the fact of this 19.10 direct contact is certified to the executive director by the 19.11 commissioner of corrections. 19.12 (b) The employment positions and correctional facilities 19.13 are: 19.14 (1) corrections discipline unit supervisor, at the 19.15 Minnesota correctional facility-Faribault, the Minnesota 19.16 correctional facility-Lino Lakes, the Minnesota correctional 19.17 facility-Oak Park Heights, and the Minnesota correctional 19.18 facility-St. Cloud; 19.19 (2) dental assistantregistered, at the Minnesota 19.20 correctional facility-Faribault, the Minnesota correctional 19.21 facility-Lino Lakes, the Minnesota correctional facility-Moose 19.22 Lake, the Minnesota correctional facility-Oak Park Heights, and 19.23 the Minnesota correctional facility-Red Wing; 19.24 (3) dental hygienist, at the Minnesota correctional 19.25 facility-Shakopee; 19.26 (4) psychologist 2, at the Minnesota correctional 19.27 facility-Faribault, the Minnesota correctional facility-Lino 19.28 Lakes, the Minnesota correctional facility-Moose Lake, the 19.29 Minnesota correctional facility-Oak Park Heights, the Minnesota 19.30 correctional facility-Red Wing, the Minnesota correctional 19.31 facility-St. Cloud, the Minnesota correctional 19.32 facility-Shakopee, and the Minnesota correctional 19.33 facility-Stillwater; and 19.34 (5) sentencing to service crew leader involved with the 19.35 inmate community work crew program, at the Minnesota 19.36 correctional facility-Faribault and the Minnesota correctional 20.1 facility-Lino Lakes. 20.2 Sec. 28. [APPROPRIATION.] 20.3 $3,000 is appropriated in fiscal year 2003 from the state 20.4 government special revenue fund to the board of dentistry.