1st Unofficial Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; modifying dental practice 1.3 provisions; modifying licensure provisions for dental 1.4 assistants; amending Minnesota Statutes 2002, sections 1.5 116J.70, subdivision 2a; 144.054, subdivision 2; 1.6 150A.01, subdivisions 5, 8; 150A.02, subdivision 1; 1.7 150A.03, subdivision 1; 150A.05, subdivision 2, by 1.8 adding a subdivision; 150A.06, subdivisions 1a, 2a, 1.9 2b, 3, 5, 6, by adding a subdivision; 150A.08, 1.10 subdivisions 1, 3, 4, 5, 6, 8; 150A.081, subdivisions 1.11 1, 2; 150A.09, subdivisions 1, 3, 5; 150A.10, 1.12 subdivisions 1a, 2, by adding a subdivision; 214.18, 1.13 subdivision 5; 256B.55, subdivisions 3, 4, 5; 352.91, 1.14 subdivision 3g. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 ARTICLE 1 1.17 DENTAL PRACTICE MODIFICATIONS 1.18 Section 1. Minnesota Statutes 2002, section 150A.06, 1.19 subdivision 1a, is amended to read: 1.20 Subd. 1a. [FACULTY DENTISTS.] (a) Faculty members of a 1.21 school of dentistry must be licensed or registered in order to 1.22 practice dentistry as defined in section 150A.05. The board may 1.23 issue to members of the faculty of a school of dentistry a 1.24 license designated as either a "limited faculty license" or a 1.25 "full faculty license" entitling the holder to practice 1.26 dentistry within theschool and its affiliated teaching1.27facilities, but only for the purposes of instructing or1.28conducting research. The practice of dentistry at a school1.29facility for purposes other than instruction or research is not1.30allowed unless the faculty member is licensed under subdivision2.11 or is a faculty member on August 1, 1993terms described in 2.2 paragraph (b) or (c). The dean of the school of dentistry and 2.3 program directors of accredited Minnesota dental hygiene or 2.4 dental assisting schools shall certify to the board those 2.5 members of the school's faculty who practice dentistry but are 2.6 not licensed to practice dentistry in Minnesota. A faculty 2.7 member who practices dentistry as defined in section 150A.05, 2.8 before beginning duties in the school of dentistry, shall apply 2.9 to the board for a limited or full faculty license. The license 2.10 expires the next July 1 and may, at the discretion of the board, 2.11 be renewed on a yearly basis. The faculty applicant shall pay a 2.12 nonrefundable fee set by the board for issuing and renewing the 2.13 faculty license. The faculty license is valid during the time 2.14 the holder remains a member of the faculty of a school of 2.15 dentistry and subjects the holder to this chapter.This2.16subdivision takes effect on September 1 following the date that2.17the rules adopted under this subdivision become effective.2.18 (b) The board may issue to dentist members of the faculty 2.19 of an accredited Minnesota school of dentistry, dental hygiene, 2.20 or dental assisting a license designated as a limited faculty 2.21 license entitling the holder to practice dentistry within the 2.22 school and its affiliated teaching facilities, but only for the 2.23 purposes of instructing or conducting research. The practice of 2.24 dentistry at a school facility for purposes other than 2.25 instruction or research is not allowed unless the faculty member 2.26 is licensed under subdivision 1 or is a faculty member on August 2.27 1, 1993. 2.28 (c) The board may issue to dentist members of the faculty 2.29 of an accredited Minnesota school of dentistry, dental hygiene, 2.30 or dental assisting a license designated as a full faculty 2.31 license entitling the holder to practice dentistry within the 2.32 school and its affiliated teaching facilities and elsewhere if 2.33 the holder of the license is employed 50 percent time or more by 2.34 the school in the practice of teaching or research, and upon 2.35 successful review by the board of the applicant's qualifications 2.36 as described in subdivisions 1c and 4. The board, at its 3.1 discretion, may waive specific licensing prerequisites. 3.2 Sec. 2. Minnesota Statutes 2002, section 150A.06, is 3.3 amended by adding a subdivision to read: 3.4 Subd. 2d. [VOLUNTEER AND RETIRED DENTISTS, DENTAL 3.5 HYGIENISTS, AND DENTAL ASSISTANTS.] (a) The board shall grant a 3.6 waiver to the continuing education requirements under this 3.7 chapter for a dentist, dental hygienist, or registered dental 3.8 assistant who documents to the satisfaction of the board that 3.9 the dentist, dental hygienist, or dental assistant has retired 3.10 from active practice in the state and limits the provision of 3.11 dental care services to those offered without compensation in a 3.12 public health, community, or tribal clinic or a nonprofit 3.13 organization that provides services to the indigent or to 3.14 recipients of medical assistance, general assistance medical 3.15 care, or MinnesotaCare programs. 3.16 (b) The board may require written documentation from the 3.17 volunteer and retired dentist, dental hygienist, or dental 3.18 assistant prior to granting this waiver. 3.19 (c) The board shall require the volunteer and retired 3.20 dentist, dental hygienist, or dental assistant to meet the 3.21 following requirements: 3.22 (1) a licensee or registrant seeking a waiver under this 3.23 subdivision must complete at least five hours of approved 3.24 courses in infection control, medical emergencies, and medical 3.25 management for the continuing education cycle; and 3.26 (2) provide documentation of certification in advanced or 3.27 basic cardiac life support recognized by the American Heart 3.28 Association, the American Red Cross, or an equivalent entity. 3.29 Sec. 3. Minnesota Statutes 2002, section 150A.06, 3.30 subdivision 3, is amended to read: 3.31 Subd. 3. [WAIVER OF EXAMINATION.] (a) All or any part of 3.32 the examination for dentists or dental hygienists, except that 3.33 pertaining to the law of Minnesota relating to dentistry and the 3.34 rules of the board, may, at the discretion of the board, be 3.35 waived for an applicant who presents a certificate of 3.36 qualification from the national board of dental examiners or 4.1 evidence of having maintained an adequate scholastic standing as 4.2 determined by the board, in dental school as to dentists, or 4.3 dental hygiene school as to dental hygienists. 4.4 (b) Effective January 1, 2004, the board shall waive the 4.5 clinical examination required for licensure for any applicant 4.6 who is a graduate of a dental school accredited by the 4.7 commission on dental accreditation of the American Dental 4.8 Association or an equivalent organization as determined by the 4.9 board, who has successfully completed Parts I and II of National 4.10 Boards, and who has satisfactorily completed a Minnesota-based 4.11 postdoctoral general dentistry residency program accredited by 4.12 the commission on dental accreditation of the American Dental 4.13 Association if the program is of at least one year's duration 4.14 and includes an outcome assessment evaluation assessing the 4.15 resident's competence to practice dentistry. The board may 4.16 require the applicant to submit any information deemed necessary 4.17 by the board to determine whether the waiver is applicable. The 4.18 board may waive the clinical examination for an applicant who 4.19 meets the requirements of this paragraph and has satisfactorily 4.20 completed an accredited postdoctoral general dentistry residency 4.21 program located outside of Minnesota. 4.22 Sec. 4. Minnesota Statutes 2002, section 150A.10, 4.23 subdivision 1a, is amended to read: 4.24 Subd. 1a. [LIMITED AUTHORIZATION FOR DENTAL HYGIENISTS.] 4.25 (a) Notwithstanding subdivision 1, a dental hygienist licensed 4.26 under this chapter may be employed or retained by a health care 4.27 facility, program, or nonprofit organization to perform dental 4.28 hygiene services described under paragraph (b) without the 4.29 patient first being examined by a licensed dentist if the dental 4.30 hygienist: 4.31 (1)has two years practical clinical experience with a4.32licensed dentist within the preceding five yearshas been 4.33 engaged in the active practice of clinical dental hygiene for 4.34 not less than 2,400 hours in the past 18 months or a career 4.35 total of 3,000 hours, including a minimum of 200 hours of 4.36 clinical practice in two of the past three years;and5.1 (2) has entered into a collaborative agreement with a 5.2 licensed dentist that designates authorization for the services 5.3 provided by the dental hygienist; 5.4 (3) has documented participation in courses in infection 5.5 control and medical emergencies within each continuing education 5.6 cycle; and 5.7 (4) maintains current certification in advanced or basic 5.8 cardiac life support as recognized by the American Heart 5.9 Association, the American Red Cross, or another agency that is 5.10 equivalent to the American Heart Association or the American Red 5.11 Cross. 5.12 (b) The dental hygiene services authorized to be performed 5.13 by a dental hygienist under this subdivision are limited to: 5.14 (1) oral health promotion and disease prevention education; 5.15 (2) removal of deposits and stains from the surfaces of the 5.16 teeth,; 5.17 (3) application of topical preventive or prophylactic 5.18 agents, including fluoride varnishes and pit and fissure 5.19 sealants; 5.20 (4) polishing and smoothing restorations,; 5.21 (5) removal of marginal overhangs,; 5.22 (6) performance of preliminary charting,; 5.23 (7) taking of radiographs,; and 5.24 (8) performance of scaling and root planingand soft-tissue5.25curettage. The dental hygienist shall not place pit and fissure5.26sealants, unless the patient has been recently examined and the5.27treatment planned by a licensed dentist. 5.28 The dental hygienist shall not perform injections of anesthetic 5.29 agents or the administration of nitrous oxide unless under the 5.30 indirect supervision of a licensed dentist. Collaborating 5.31 dental hygienists may work with dental assistants and dental 5.32 aides who may only perform duties for which licensure is not 5.33 required. The performance of dental hygiene services in a 5.34 health care facility, program, or nonprofit organization as 5.35 authorized under this subdivision is limited to patients, 5.36 students, and residents of the facility, program, or 6.1 organization. 6.2 (c) A collaborating dentist must be licensed under this 6.3 chapter and may enter into a collaborative agreement with no 6.4 more than four dental hygienists unless otherwise authorized by 6.5 the board. The board shall develop parameters and a process for 6.6 obtaining authorization to collaborate with more than four 6.7 dental hygienists. The collaborative agreement must include: 6.8 (1) consideration for medically compromised patients and 6.9 medical conditions for which a dental evaluation and treatment 6.10 plan must occur prior to the provision of dental hygiene 6.11 services;and6.12 (2) age- and procedure-specific standard collaborative 6.13 practice protocols, including recommended intervals for the 6.14 performance of dental hygiene services and a period of time in 6.15 which an examination by a dentist should occur; 6.16 (3) copies of consent to treatment form provided to the 6.17 patient by the dental hygienist; 6.18 (4) specific protocols for the placement of pit and fissure 6.19 sealants and requirements for follow-up care to assure the 6.20 efficacy of the sealants after application; and 6.21 (5) a procedure for creating and maintaining dental records 6.22 for the patients that are treated by the dental hygienist. This 6.23 procedure must specify where these records are to be located. 6.24 The collaborative agreement must be signed and maintained by the 6.25 dentistand, the dental hygienist, and the facility, program, or 6.26 organization; must be reviewed annually by the collaborating 6.27 dentist and dental hygienist; and must be made available to the 6.28 board upon request. 6.29 (d) Before performing any services authorized under this 6.30 subdivision, a dental hygienist must provide the patient with a 6.31 consent to treatment form which must include a statement 6.32 advising the patient that the dental hygiene services provided 6.33 are not a substitute for a dental examination by a licensed 6.34 dentist. If the dental hygienist makes any referrals to the 6.35 patient for further dental procedures, the dental hygienist must 6.36 fill out a referral form and provide a copy of the form to the 7.1 collaborating dentist. 7.2 (e) For the purposes of this subdivision, a "health care 7.3 facility, program, or nonprofit organization" is limited to a 7.4 hospital; nursing home; home health agency; group home serving 7.5 the elderly, disabled, or juveniles; state-operated facility 7.6 licensed by the commissioner of human services or the 7.7 commissioner of corrections; and federal, state, or local public 7.8 health facility, community clinic,ortribal clinic, school 7.9 authority, Head Start program, or nonprofit organization that 7.10 serves individuals who are uninsured or who are Minnesota health 7.11 care public program recipients. 7.12(e)(f) For purposes of this subdivision, a "collaborative 7.13 agreement" means a written agreement with a licensed dentist who 7.14 authorizes and accepts responsibility for the services performed 7.15 by the dental hygienist. The services authorized under this 7.16 subdivision and the collaborative agreement may be performed 7.17 without the presence of a licensed dentist and may be performed 7.18 at a location other than the usual place of practice of the 7.19 dentist or dental hygienist and without a dentist's diagnosis 7.20 and treatment plan, unless specified in the collaborative 7.21 agreement. 7.22 Sec. 5. Minnesota Statutes 2002, section 150A.10, is 7.23 amended by adding a subdivision to read: 7.24 Subd. 4. [RESTORATIVE PROCEDURES.] (a) Notwithstanding 7.25 subdivisions 1, 1a, and 2, a licensed dental hygienist or a 7.26 licensed dental assistant may perform the following restorative 7.27 procedures: 7.28 (1) place, contour, and adjust amalgam restorations; 7.29 (2) place, contour, and adjust glass ionomer; 7.30 (3) adapt and cement stainless steel crowns; and 7.31 (4) place, contour, and adjust class I and class V 7.32 supragingival composite restorations where the margins are 7.33 entirely within the enamel. 7.34 (b) The restorative procedures described in paragraph (a) 7.35 may be performed only if: 7.36 (1) the licensed dental hygienist or the licensed dental 8.1 assistant has completed a board-approved course on the specific 8.2 procedures; 8.3 (2) the board-approved course includes a component that 8.4 sufficiently prepares the dental hygienist or dental assistant 8.5 to adjust the occlusion on the newly placed restoration; 8.6 (3) a licensed dentist has authorized the procedure to be 8.7 performed; and 8.8 (4) a licensed dentist is available in the clinic while the 8.9 procedure is being performed. 8.10 (c) The dental faculty who teaches the educators of the 8.11 board-approved courses specified in paragraph (b) must have 8.12 prior experience teaching these procedures in an accredited 8.13 dental education program. 8.14 Sec. 6. Minnesota Statutes 2002, section 256B.55, 8.15 subdivision 3, is amended to read: 8.16 Subd. 3. [DUTIES.] The advisory committee shall provide 8.17 recommendations on the following: 8.18 (1)how to reduce the administrative burden governing8.19dental care coverage policies in order to promote administrative8.20simplification, including prior authorization, coverage limits,8.21and co-payment collectionsdeveloping a new model for 8.22 purchasing, administering, and delivering dental care services 8.23 to public program recipients based on public health principles; 8.24 (2)developing and implementing an action plan to improve8.25the oral health of children and persons with special needs in8.26the stateexploring innovative ways to develop workforce 8.27 solutions to ensure access to dental care statewide; and 8.28 (3)exploring alternative ways of purchasing and improving8.29access to dental services;8.30(4) developing ways to foster greater responsibility among8.31health care program recipients in seeking and obtaining dental8.32care, including initiatives to keep dental appointments and8.33comply with dental care plans;8.34(5) exploring innovative ways for dental providers to8.35schedule public program patients in order to reduce or minimize8.36the effect of appointment no shows;9.1(6) exploring ways to meet the barriers that may be present9.2in providing dental services to health care program recipients9.3such as language, culture, disability, and lack of9.4transportation; and9.5(7) exploring the possibility of pediatricians, family9.6physicians, and nurse practitioners providing basic oral health9.7screenings and basic preventive dental servicesidentifying data 9.8 needed to effectively evaluate the dental care needs of the 9.9 state. 9.10 Sec. 7. Minnesota Statutes 2002, section 256B.55, 9.11 subdivision 4, is amended to read: 9.12 Subd. 4. [REPORT.] The commissioner shall submit a report 9.13 by February 1, 2002, andbyeach February 1, 2003thereafter, 9.14 summarizing the activities and recommendations of the advisory 9.15 committee. 9.16 Sec. 8. Minnesota Statutes 2002, section 256B.55, 9.17 subdivision 5, is amended to read: 9.18 Subd. 5. [SUNSET.] Notwithstanding section 15.059, 9.19 subdivision 5, this section expires June 30,20032007. 9.20 Sec. 9. [URGENT CARE DENTAL CLINIC.] 9.21 The commissioner of human services, in consultation with 9.22 the dental access advisory committee, is requested to report on 9.23 the feasibility of developing one or more urgent care dental 9.24 clinics. The primary purpose of an urgent care dental clinic is 9.25 to provide recipients of medical assistance, general assistance 9.26 medical care, and MinnesotaCare with an alternative to receiving 9.27 dental care services in hospital emergency rooms. The 9.28 commissioner shall determine if savings from the reduction in 9.29 dental care provided in emergency rooms would warrant the 9.30 construction of urgent care facilities. The commissioner may 9.31 seek funding for the construction and operation of a dental 9.32 urgent care clinic from the federal government as authorized by 9.33 Congress under the dental health improvement provisions of the 9.34 Health Care Safety Net Improvement Act of 2002. 9.35 Sec. 10. [EXPIRATION.] 9.36 Minnesota Statutes 2002, section 150A.06, subdivision 3, 10.1 paragraph (b) expires on August 1, 2008. 10.2 ARTICLE 2 10.3 LICENSURE FOR DENTAL ASSISTANTS 10.4 Section 1. Minnesota Statutes 2002, section 116J.70, 10.5 subdivision 2a, is amended to read: 10.6 Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or 10.7 "license" does not include the following: 10.8 (1) any occupational license or registration issued by a 10.9 licensing board listed in section 214.01 or any occupational 10.10 registration issued by the commissioner of health pursuant to 10.11 section 214.13; 10.12 (2) any license issued by a county, home rule charter city, 10.13 statutory city, township, or other political subdivision; 10.14 (3) any license required to practice the following 10.15 occupation regulated by the following sections: 10.16 (i) abstracters regulated pursuant to chapter 386; 10.17 (ii) accountants regulated pursuant to chapter 326A; 10.18 (iii) adjusters regulated pursuant to chapter 72B; 10.19 (iv) architects regulated pursuant to chapter 326; 10.20 (v) assessors regulated pursuant to chapter 270; 10.21 (vi) athletic trainers regulated pursuant to chapter 148; 10.22 (vii) attorneys regulated pursuant to chapter 481; 10.23 (viii) auctioneers regulated pursuant to chapter 330; 10.24 (ix) barbers regulated pursuant to chapter 154; 10.25 (x) beauticians regulated pursuant to chapter 155A; 10.26 (xi) boiler operators regulated pursuant to chapter 183; 10.27 (xii) chiropractors regulated pursuant to chapter 148; 10.28 (xiii) collection agencies regulated pursuant to chapter 10.29 332; 10.30 (xiv) cosmetologists regulated pursuant to chapter 155A; 10.31 (xv) dentists,registereddental assistants, and dental 10.32 hygienists regulated pursuant to chapter 150A; 10.33 (xvi) detectives regulated pursuant to chapter 326; 10.34 (xvii) electricians regulated pursuant to chapter 326; 10.35 (xviii) mortuary science practitioners regulated pursuant 10.36 to chapter 149A; 11.1 (xix) engineers regulated pursuant to chapter 326; 11.2 (xx) insurance brokers and salespersons regulated pursuant 11.3 to chapter 60A; 11.4 (xxi) certified interior designers regulated pursuant to 11.5 chapter 326; 11.6 (xxii) midwives regulated pursuant to chapter 147D; 11.7 (xxiii) nursing home administrators regulated pursuant to 11.8 chapter 144A; 11.9 (xxiv) optometrists regulated pursuant to chapter 148; 11.10 (xxv) osteopathic physicians regulated pursuant to chapter 11.11 147; 11.12 (xxvi) pharmacists regulated pursuant to chapter 151; 11.13 (xxvii) physical therapists regulated pursuant to chapter 11.14 148; 11.15 (xxviii) physician assistants regulated pursuant to chapter 11.16 147A; 11.17 (xxix) physicians and surgeons regulated pursuant to 11.18 chapter 147; 11.19 (xxx) plumbers regulated pursuant to chapter 326; 11.20 (xxxi) podiatrists regulated pursuant to chapter 153; 11.21 (xxxii) practical nurses regulated pursuant to chapter 148; 11.22 (xxxiii) professional fund raisers regulated pursuant to 11.23 chapter 309; 11.24 (xxxiv) psychologists regulated pursuant to chapter 148; 11.25 (xxxv) real estate brokers, salespersons, and others 11.26 regulated pursuant to chapters 82 and 83; 11.27 (xxxvi) registered nurses regulated pursuant to chapter 11.28 148; 11.29 (xxxvii) securities brokers, dealers, agents, and 11.30 investment advisers regulated pursuant to chapter 80A; 11.31 (xxxviii) steamfitters regulated pursuant to chapter 326; 11.32 (xxxix) teachers and supervisory and support personnel 11.33 regulated pursuant to chapter 125; 11.34 (xl) veterinarians regulated pursuant to chapter 156; 11.35 (xli) water conditioning contractors and installers 11.36 regulated pursuant to chapter 326; 12.1 (xlii) water well contractors regulated pursuant to chapter 12.2 103I; 12.3 (xliii) water and waste treatment operators regulated 12.4 pursuant to chapter 115; 12.5 (xliv) motor carriers regulated pursuant to chapter 221; 12.6 (xlv) professional firms regulated under chapter 319B; 12.7 (xlvi) real estate appraisers regulated pursuant to chapter 12.8 82B; 12.9 (xlvii) residential building contractors, residential 12.10 remodelers, residential roofers, manufactured home installers, 12.11 and specialty contractors regulated pursuant to chapter 326; 12.12 (4) any driver's license required pursuant to chapter 171; 12.13 (5) any aircraft license required pursuant to chapter 360; 12.14 (6) any watercraft license required pursuant to chapter 12.15 86B; 12.16 (7) any license, permit, registration, certification, or 12.17 other approval pertaining to a regulatory or management program 12.18 related to the protection, conservation, or use of or 12.19 interference with the resources of land, air, or water, which is 12.20 required to be obtained from a state agency or instrumentality; 12.21 and 12.22 (8) any pollution control rule or standard established by 12.23 the pollution control agency or any health rule or standard 12.24 established by the commissioner of health or any licensing rule 12.25 or standard established by the commissioner of human services. 12.26 Sec. 2. Minnesota Statutes 2002, section 144.054, 12.27 subdivision 2, is amended to read: 12.28 Subd. 2. [HIV; HBV.] The commissioner may subpoena 12.29 privileged medical information of patients who may have been 12.30 exposed by a licensed dental hygienist, dentist, physician, 12.31 nurse, podiatrist,a registeredor dental assistant,or a 12.32 physician's assistant who is infected with the human 12.33 immunodeficiency virus (HIV) or hepatitis B virus (HBV) when the 12.34 commissioner has determined that it may be necessary to notify 12.35 those patients that they may have been exposed to HIV or HBV. 12.36 Sec. 3. Minnesota Statutes 2002, section 150A.01, 13.1 subdivision 5, is amended to read: 13.2 Subd. 5. [DENTALASSISTANTAIDE.] "Dentalassistantaide" 13.3 means a person performing acts authorized under section 150A.10, 13.4 subdivision 2. 13.5 Sec. 4. Minnesota Statutes 2002, section 150A.01, 13.6 subdivision 8, is amended to read: 13.7 Subd. 8. [REGISTEREDDENTAL ASSISTANT.] "RegisteredDental 13.8 assistant" means a personregisteredlicensed pursuant to 13.9section 150A.06sections 150A.01 to 150A.12 to perform the 13.10 services authorized pursuant to sections 150A.05, subdivision 13.11 1b, and 150A.10, subdivision 2. 13.12 Sec. 5. Minnesota Statutes 2002, section 150A.02, 13.13 subdivision 1, is amended to read: 13.14 Subdivision 1. There is hereby created a board of 13.15 dentistry whose duty it shall be to carry out the purposes and 13.16 enforce the provisions of sections 150A.01 to 150A.12. The 13.17 board shall consist of two public members as defined by section 13.18 214.02, five qualified resident dentists, one qualified resident 13.19registereddental assistant, and one qualified resident dental 13.20 hygienist appointed by the governor. Membership terms, 13.21 compensation of members, removal of members, the filling of 13.22 membership vacancies, and fiscal year and reporting requirements 13.23 shall be as provided in sections 214.07 to 214.09. The 13.24 provision of staff, administrative services and office space; 13.25 the review and processing of board complaints; the setting of 13.26 board fees; and other provisions relating to board operations 13.27 shall be as provided in chapter 214. Each board member who is a 13.28 dentist,registereddental assistant, or dental hygienist shall 13.29 have been lawfully in active practice in this state for five 13.30 years immediately preceding appointment; and no board member 13.31 shall be eligible for appointment to more than two consecutive 13.32 four-year terms, and members serving on the board at the time of 13.33 the enactment hereof shall be eligible to reappointment provided 13.34 they shall not have served more than nine consecutive years at 13.35 the expiration of the term to which they are to be appointed. 13.36 At least 90 days prior to the expiration of the terms of 14.1 dentists,registereddental assistants, or dental hygienists, 14.2 the Minnesota dental association, Minnesota dental assistants 14.3 association, or the Minnesota state dental hygiene association 14.4 shall recommend to the governor for each term expiring not less 14.5 than two dentists, tworegistereddental assistants, or two 14.6 dental hygienists, respectively, who are qualified to serve on 14.7 the board, and from the list so recommended the governor may 14.8 appoint members to the board for the term of four years, the 14.9 appointments to be made within 30 days after the expiration of 14.10 the terms. Within 60 days after the occurrence of a dentist, 14.11registereddental assistant, or dental hygienist vacancy, prior 14.12 to the expiration of the term, in the board, the Minnesota 14.13 dental association, the Minnesota dental assistants association, 14.14 or the Minnesota state dental hygiene association shall 14.15 recommend to the governor not less than two dentists, two 14.16registereddental assistants, or two dental hygienists, who are 14.17 qualified to serve on the board and from the list so recommended 14.18 the governor, within 30 days after receiving such list of 14.19 dentists, may appoint one member to the board for the unexpired 14.20 term occasioned by such vacancy. Any appointment to fill a 14.21 vacancy shall be made within 90 days after the occurrence of 14.22 such vacancy. The first four-year term of the dental hygienist 14.23 and of theregistereddental assistant shall commence on the 14.24 first Monday in January, 1977. 14.25 Sec. 6. Minnesota Statutes 2002, section 150A.03, 14.26 subdivision 1, is amended to read: 14.27 Subdivision 1. [OFFICERS.] The board shall elect from its 14.28 members a president, a vice-president, and a secretary. The 14.29 board shall have a common seal. It may hold meetings at such 14.30 times as may be necessary and as it may determine. The board 14.31 may affiliate and participate, both in and out-of-state, with 14.32 regional and national testing agencies for the purpose of 14.33 conducting examinations for licensureand registration. The fee 14.34 charged by such an agency for conducting the examination may be 14.35 in addition to the application fee established by the board 14.36 pursuant to section 150A.06. 15.1 Sec. 7. Minnesota Statutes 2002, section 150A.05, is 15.2 amended by adding a subdivision to read: 15.3 Subd. 1b. [PRACTICE OF DENTAL ASSISTING.] A person shall 15.4 be deemed to be practicing as a dental assistant within the 15.5 meaning of sections 150A.01 to 150A.12 who performs any duty or 15.6 related services delegated by a licensed dentist as permitted by 15.7 the rules of the board. 15.8 Sec. 8. Minnesota Statutes 2002, section 150A.05, 15.9 subdivision 2, is amended to read: 15.10 Subd. 2. [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES 15.11 AND OPERATIONS.] Sections 150A.01 to 150A.12 do not apply to: 15.12 (1) the practice of dentistryor, dental hygiene, or dental 15.13 assisting in any branch of the armed services of the United 15.14 States, the United States Public Health Service, or the United 15.15 States Veterans Administration; 15.16 (2) the practice of dentistry, dental hygiene, or dental 15.17 assisting by undergraduate dental students, dental hygiene 15.18 students, and dental assisting students of the University of 15.19 Minnesota, schools of dental hygiene, or schools of dental 15.20 assisting approved by the board, when acting under the direction 15.21 and supervision of a licensed dentistor, a licensed dental 15.22 hygienist, or a licensed dental assistant acting as an 15.23 instructor; 15.24 (3) the practice of dentistry by licensed dentists of other 15.25 states or countries while appearing as clinicians under the 15.26 auspices of a duly approved dental school or college, or a 15.27 reputable dental society, or a reputable dental study club 15.28 composed of dentists; 15.29 (4) the actions of persons while they are taking 15.30 examinations for licensureor registrationadministered or 15.31 approved by the board pursuant to sections 150A.03, subdivision 15.32 1, and 150A.06, subdivisions 1, 2, and 2a; 15.33 (5) the practice of dentistry by dentists and dental 15.34 hygienists licensed by other states during their functioning as 15.35 examiners responsible for conducting licensureor registration15.36 examinations administered by regional and national testing 16.1 agencies with whom the board is authorized to affiliate and 16.2 participate under section 150A.03, subdivision 1, and the 16.3 practice of dentistry by the regional and national testing 16.4 agencies during their administering examinations pursuant to 16.5 section 150A.03, subdivision 1; 16.6 (6) the use of X-rays or other diagnostic imaging 16.7 modalities for making radiographs or other similar records in a 16.8 hospital under the supervision of a physician or dentist or by a 16.9 person who is credentialed to use diagnostic imaging modalities 16.10 or X-ray machines for dental treatment, roentgenograms, or 16.11 dental diagnostic purposes by a credentialing agency other than 16.12 the board of dentistry; or 16.13 (7) the service, other than service performed directly upon 16.14 the person of a patient, of constructing, altering, repairing, 16.15 or duplicating any denture, partial denture, crown, bridge, 16.16 splint, orthodontic, prosthetic, or other dental appliance, when 16.17 performed according to a written work order from a licensed 16.18 dentist in accordance with section 150A.10, subdivision 3. 16.19 Sec. 9. Minnesota Statutes 2002, section 150A.06, 16.20 subdivision 2a, is amended to read: 16.21 Subd. 2a. [REGISTEREDDENTALASSISTANTASSISTANTS.] A 16.22 person of good moral character, who has submitted an application 16.23 and fee as prescribed by the board and the diploma or equivalent 16.24 awarded to the person by a training school for dental assistants 16.25 or its equivalent approved by the board, may be examined by the 16.26 board or by an agency pursuant to section 150A.03, subdivision 16.27 1, in a manner to test the applicant's fitness to perform as a 16.28registeredlicensed dental assistant. In the case of 16.29 examinations conducted pursuant to section 150A.03, subdivision 16.30 1, applicants may take the examination before applying to the 16.31 board forregistrationlicensure. The examination shall include 16.32 an examination of the applicant's knowledge of the laws of 16.33 Minnesota relating to dentistry and the rules of the board. An 16.34 applicant is ineligible to retake the clinical examination 16.35 required by the board after failing it twice until further 16.36 education and training are obtained as specified by the board by 17.1 rule. A separate, nonrefundable fee may be charged for each 17.2 time a person applies. An applicant who passes the examination 17.3 in compliance with subdivision 2b and meets all the other 17.4 requirements of the board shall beregisteredlicensed as a 17.5 dental assistant. The examination fee set by the board in rule 17.6 is the application fee until the board amends, repeals, or 17.7 otherwise changes the rules pursuant to chapter 14. 17.8 Sec. 10. Minnesota Statutes 2002, section 150A.06, 17.9 subdivision 2b, is amended to read: 17.10 Subd. 2b. [EXAMINATION.] When board members administer the 17.11 examination for licensureor registration, only those board 17.12 members qualified for the particular examination may administer 17.13 it. An examination which the board requires as a condition of 17.14 licensureor registrationmust have been taken within the five 17.15 years before the board receives the application for licensureor17.16registration. 17.17 Sec. 11. Minnesota Statutes 2002, section 150A.06, 17.18 subdivision 5, is amended to read: 17.19 Subd. 5. [FRAUD IN SECURING LICENSES.] Every person 17.20 implicated in employing fraud or deception in applying for or 17.21 securing a license to practice dentistryor, dental hygieneor17.22in applying for or securing a registration to practice, dental 17.23 assisting, or in annually registering a licenseor registration17.24 under sections 150A.01 to 150A.12 is guilty of a gross 17.25 misdemeanor. 17.26 Sec. 12. Minnesota Statutes 2002, section 150A.06, 17.27 subdivision 6, is amended to read: 17.28 Subd. 6. [DISPLAY OF NAME AND CERTIFICATES.] The name,and 17.29 license certificate, and annual registration certificateof 17.30 every licensed dentist, dental hygienist, orregistereddental 17.31 assistant shall be conspicuously displayed in every office in 17.32 which that person practices, in plain sight of patients. If 17.33 there is more than one dentist, dental hygienist, orregistered17.34 dental assistant practicing or employed in any office, the 17.35 manager or proprietor of the office shall display in plain sight 17.36 the name, license certificateand annual registration18.1certificateof each dentist, dental hygienist, orregistered18.2 dental assistant practicing or employed there. Near or on the 18.3 entrance door to every office where dentistry is practiced, the 18.4 name of each dentist practicing there, as inscribed on the 18.5 license certificate and annual registration certificate of each 18.6 dentist, shall be displayed in plain sight. 18.7 Sec. 13. Minnesota Statutes 2002, section 150A.08, 18.8 subdivision 1, is amended to read: 18.9 Subdivision 1. [GROUNDS.] The board may refuse or by order 18.10 suspend or revoke, limit or modify by imposing conditions it 18.11 deems necessary, any license to practice dentistryor, dental 18.12 hygiene, orthe registration of anydentalassistantassisting 18.13 upon any of the following grounds: 18.14 (1) Fraud or deception in connection with the practice of 18.15 dentistry or the securing of a licenseor annual registration18.16certificate; 18.17 (2) Conviction, including a finding or verdict of guilt, an 18.18 admission of guilt, or a no contest plea, in any court of a 18.19 felony or gross misdemeanor reasonably related to the practice 18.20 of dentistry as evidenced by a certified copy of the conviction; 18.21 (3) Conviction, including a finding or verdict of guilt, an 18.22 admission of guilt, or a no contest plea, in any court of an 18.23 offense involving moral turpitude as evidenced by a certified 18.24 copy of the conviction; 18.25 (4) Habitual overindulgence in the use of intoxicating 18.26 liquors; 18.27 (5) Improper or unauthorized prescription, dispensing, 18.28 administering, or personal or other use of any legend drug as 18.29 defined in chapter 151, of any chemical as defined in chapter 18.30 151, or of any controlled substance as defined in chapter 152; 18.31 (6) Conduct unbecoming a person licensed to practice 18.32 dentistryor, dental hygiene, orregistered as adental 18.33assistantassisting, or conduct contrary to the best interest of 18.34 the public, as such conduct is defined by the rules of the 18.35 board; 18.36 (7) Gross immorality; 19.1 (8) Any physical, mental, emotional, or other disability 19.2 which adversely affects a dentist's, dental hygienist's, or 19.3registereddental assistant's ability to perform the service for 19.4 which the person is licensedor registered; 19.5 (9) Revocation or suspension of a license, registration,or 19.6 equivalent authority to practice, or other disciplinary action 19.7 or denial of a licenseor registrationapplication taken by a 19.8 licensing, registering, or credentialing authority of another 19.9 state, territory, or country as evidenced by a certified copy of 19.10 the licensing authority's order, if the disciplinary action or 19.11 application denial was based on facts that would provide a basis 19.12 for disciplinary action under this chapter and if the action was 19.13 taken only after affording the credentialed person or applicant 19.14 notice and opportunity to refute the allegations or pursuant to 19.15 stipulation or other agreement; 19.16 (10) Failure to maintain adequate safety and sanitary 19.17 conditions for a dental office in accordance with the standards 19.18 established by the rules of the board; 19.19 (11) Employing, assisting, or enabling in any manner an 19.20 unlicensed person to practice dentistry; 19.21 (12) Failure or refusal to attend, testify, and produce 19.22 records as directed by the board under subdivision 7; 19.23 (13) Violation of, or failure to comply with, any other 19.24 provisions of sections 150A.01 to 150A.12, the rules of the 19.25 board of dentistry, or any disciplinary order issued by the 19.26 board, section 144.335 or 595.02, subdivision 1, paragraph (d), 19.27 or for any other just cause related to the practice of 19.28 dentistry. Suspension, revocation, modification or limitation 19.29 of any license shall not be based upon any judgment as to 19.30 therapeutic or monetary value of any individual drug prescribed 19.31 or any individual treatment rendered, but only upon a repeated 19.32 pattern of conduct; 19.33 (14) Knowingly providing false or misleading information 19.34 that is directly related to the care of that patient unless done 19.35 for an accepted therapeutic purpose such as the administration 19.36 of a placebo; or 20.1 (15) Aiding suicide or aiding attempted suicide in 20.2 violation of section 609.215 as established by any of the 20.3 following: 20.4 (i) a copy of the record of criminal conviction or plea of 20.5 guilty for a felony in violation of section 609.215, subdivision 20.6 1 or 2; 20.7 (ii) a copy of the record of a judgment of contempt of 20.8 court for violating an injunction issued under section 609.215, 20.9 subdivision 4; 20.10 (iii) a copy of the record of a judgment assessing damages 20.11 under section 609.215, subdivision 5; or 20.12 (iv) a finding by the board that the person violated 20.13 section 609.215, subdivision 1 or 2. The board shall 20.14 investigate any complaint of a violation of section 609.215, 20.15 subdivision 1 or 2. 20.16 Sec. 14. Minnesota Statutes 2002, section 150A.08, 20.17 subdivision 3, is amended to read: 20.18 Subd. 3. [REINSTATEMENT.] Any licenseeor registrantwhose 20.19 licenseor registrationhas been suspended or revoked may have 20.20 the licenseor registrationreinstated or a new licenseor20.21registrationissued, as the case may be, when the board deems 20.22 the action is warranted. The board may require the licenseeor20.23registrantto pay all costs of proceedings resulting in the 20.24 suspension or revocation of licenseor registrationand 20.25 reinstatement or new license and the fee for reinstatement 20.26 established by the board. Any licenseeor registrantwho has 20.27 been disciplined by the board in a manner other than by 20.28 suspension or revocation may be required by the board to pay all 20.29 costs of proceedings resulting in the disciplinary action. 20.30 Sec. 15. Minnesota Statutes 2002, section 150A.08, 20.31 subdivision 4, is amended to read: 20.32 Subd. 4. [RECORDS.] The executive secretary of the board 20.33 shall keep a record of all licensesand registration20.34certificatesissued, suspended, or revoked. 20.35 Sec. 16. Minnesota Statutes 2002, section 150A.08, 20.36 subdivision 5, is amended to read: 21.1 Subd. 5. [MEDICAL EXAMINATIONS.] If the board has probable 21.2 cause to believe that a dentist, dental hygienist,registered21.3 dental assistant, or applicant engages in acts described in 21.4 subdivision 1, clause (4) or (5), or has a condition described 21.5 in subdivision 1, clause (8), it shall direct the dentist, 21.6 dental hygienist, dental assistant, or applicant to submit to a 21.7 mental or physical examination or a chemical dependency 21.8 assessment. For the purpose of this subdivision, every dentist, 21.9 hygienist, or assistant licensedor registeredunder this 21.10 chapter or person submitting an application for a licenseor21.11registrationis deemed to have given consent to submit to a 21.12 mental or physical examination when directed in writing by the 21.13 board and to have waived all objections in any proceeding under 21.14 this section to the admissibility of the examining physician's 21.15 testimony or examination reports on the ground that they 21.16 constitute a privileged communication. Failure to submit to an 21.17 examination without just cause may result in an application 21.18 being denied or a default and final order being entered without 21.19 the taking of testimony or presentation of evidence, other than 21.20 evidence which may be submitted by affidavit, that the licensee,21.21registrant,or applicant did not submit to the examination. A 21.22 dentist, dental hygienist,registereddental assistant, or 21.23 applicant affected under this section shall at reasonable 21.24 intervals be afforded an opportunity to demonstrate ability to 21.25 start or resume the competent practice of dentistry or perform 21.26 the duties of a dental hygienist orregistereddental assistant 21.27 with reasonable skill and safety to patients. In any proceeding 21.28 under this subdivision, neither the record of proceedings nor 21.29 the orders entered by the board is admissible, is subject to 21.30 subpoena, or may be used against the dentist, dental 21.31 hygienist,registereddental assistant, or applicant in any 21.32 proceeding not commenced by the board. Information obtained 21.33 under this subdivision shall be classified as private pursuant 21.34 to the Minnesota Government Data Practices Act. 21.35 Sec. 17. Minnesota Statutes 2002, section 150A.08, 21.36 subdivision 6, is amended to read: 22.1 Subd. 6. [MEDICAL RECORDS.] Notwithstanding contrary 22.2 provisions of sections 13.384 and 144.651 or any other statute 22.3 limiting access to medical or other health data, the board may 22.4 obtain medical data and health records of a licensee,22.5registrant,or applicant without the licensee's, registrant's,22.6 or applicant's consent if the information is requested by the 22.7 board as part of the process specified in subdivision 5. The 22.8 medical data may be requested from a provider, as defined in 22.9 section 144.335, subdivision 1, clause (b), an insurance 22.10 company, or a government agency, including the department of 22.11 human services. A provider, insurance company, or government 22.12 agency shall comply with any written request of the board under 22.13 this subdivision and shall not be liable in any action for 22.14 damages for releasing the data requested by the board if the 22.15 data are released pursuant to a written request under this 22.16 subdivision, unless the information is false and the provider 22.17 giving the information knew, or had reason to believe, the 22.18 information was false. Information obtained under this 22.19 subdivision shall be classified as private under the Minnesota 22.20 Government Data Practices Act. 22.21 Sec. 18. Minnesota Statutes 2002, section 150A.08, 22.22 subdivision 8, is amended to read: 22.23 Subd. 8. [SUSPENSION OF LICENSE.] In addition to any other 22.24 remedy provided by law, the board may, through its designated 22.25 board members pursuant to section 214.10, subdivision 2, 22.26 temporarily suspend a licenseor registrationwithout a hearing 22.27 if the board finds that the licenseeor registranthas violated 22.28 a statute or rule which the board is empowered to enforce and 22.29 continued practice by the licenseeor registrantwould create an 22.30 imminent risk of harm to others. The suspension shall take 22.31 effect upon written notice to the licenseeor registrantserved 22.32 by first class mail specifying the statute or rule violated, and 22.33 the time, date, and place of the hearing before the board. If 22.34 the notice is returned by the post office, the notice shall be 22.35 effective upon reasonable attempts to locate and serve the 22.36 licenseeor registrant. Within ten days of service of the 23.1 notice, the board shall hold a hearing before its own members on 23.2 the sole issue of whether there is a reasonable basis to 23.3 continue, modify, or lift the suspension. Evidence presented by 23.4 the board,or licensee, or registrant,shall be in affidavit 23.5 form only. The licenseeor registrantor counsel of the 23.6 licenseeor registrantmay appear for oral argument. Within 23.7 five working days after the hearing, the board shall issue its 23.8 order and, if the suspension is continued, the board shall 23.9 schedule a disciplinary hearing to be held pursuant to the 23.10 Administrative Procedure Act within 45 days of issuance of the 23.11 order. The administrative law judge shall issue a report within 23.12 30 days of the closing of the contested case hearing record. 23.13 The board shall issue a final order within 30 days of receiving 23.14 that report. The board may allow a person who was licensed by 23.15 any state to practice dentistry and whose license has been 23.16 suspended to practice dentistry under the supervision of a 23.17 licensed dentist for the purpose of demonstrating competence and 23.18 eligibility for reinstatement. 23.19 Sec. 19. Minnesota Statutes 2002, section 150A.081, 23.20 subdivision 1, is amended to read: 23.21 Subdivision 1. [ACCESS TO DATA ON LICENSEEOR REGISTRANT.] 23.22 When the board has probable cause to believe that a 23.23 licensee'sor registrant'scondition meets a ground listed in 23.24 section 150A.08, subdivision 1, clause (4) or (8), it may, 23.25 notwithstanding sections 13.384, 144.651, or any other law 23.26 limiting access to medical data, obtain medical or health 23.27 records on the licenseeor registrantwithout the licensee'sor23.28registrant'sconsent. The medical data may be requested from a 23.29 provider, as defined in section 144.335, subdivision 1, 23.30 paragraph (b), an insurance company, or a government agency. A 23.31 provider, insurance company, or government agency shall comply 23.32 with a written request of the board under this subdivision and 23.33 is not liable in any action for damages for releasing the data 23.34 requested by the board if the data are released under the 23.35 written request, unless the information is false and the entity 23.36 providing the information knew, or had reason to believe, the 24.1 information was false. 24.2 Sec. 20. Minnesota Statutes 2002, section 150A.081, 24.3 subdivision 2, is amended to read: 24.4 Subd. 2. [ACCESS TO DATA ON PATIENTS.] The board has 24.5 access to medical records of a patient treated by a licenseeor24.6registrantunder review if the patient signs a written consent 24.7 permitting access. If the patient has not given consent, the 24.8 licenseeor registrantmust delete data from which a patient may 24.9 be identified before releasing medical records to the board. 24.10 Sec. 21. Minnesota Statutes 2002, section 150A.09, 24.11 subdivision 1, is amended to read: 24.12 Subdivision 1. [REGISTRATIONRENEWAL INFORMATION AND 24.13 PROCEDURE.] On or before the licenseor registration certificate24.14 expiration date, every licensed dentist, dental hygienist, 24.15 andregistereddental assistant shall transmit to the executive 24.16 secretary of the board, pertinent information required by the 24.17 board, together with the fee established by the board. At least 24.18 30 days before a licenseor registration certificateexpiration 24.19 date, the board shall send a written notice stating the amount 24.20 and due date of the fee and the information to be provided to 24.21 every licensed dentist, dental hygienist, andregistereddental 24.22 assistant. 24.23 Sec. 22. Minnesota Statutes 2002, section 150A.09, 24.24 subdivision 3, is amended to read: 24.25 Subd. 3. [CURRENT ADDRESS, CHANGE OF ADDRESS.] Every 24.26 dentist, dental hygienist, andregistereddental assistant shall 24.27 maintain with the board a correct and current mailing address. 24.28 For dentists engaged in the practice of dentistry, the address 24.29 shall be that of the location of the primary dental practice. 24.30 Within 30 days after changing addresses, every dentist, dental 24.31 hygienist, andregistereddental assistant shall provide the 24.32 board written notice of the new address either personally or by 24.33 first class mail. 24.34 Sec. 23. Minnesota Statutes 2002, section 150A.09, 24.35 subdivision 5, is amended to read: 24.36 Subd. 5. [LATE FEE.] A late fee established by the board 25.1 shall be paid if the information and fee required by subdivision 25.2 1 is not received by the executive secretary of the board on or 25.3 before theregistration orlicense renewal date. 25.4 Sec. 24. Minnesota Statutes 2002, section 150A.10, 25.5 subdivision 2, is amended to read: 25.6 Subd. 2. [DENTAL ASSISTANTS AND DENTAL AIDES.] Every 25.7 licensed dentist who uses the services ofany unlicensed25.8persona licensed dental assistant or a dental aide for the 25.9 purpose of assistance in the practice of dentistry shall be 25.10 responsible for the acts of suchunlicensedperson while engaged 25.11 in such assistance.Such dentist shall permit such unlicensed25.12assistant to perform only those acts which are authorized to be25.13delegated to unlicensed assistants by the board of dentistryA 25.14 licensed dental assistant may provide any service delegated by a 25.15 licensed dentist as permitted by the rules of the board. A 25.16 dental aide may only perform those services that are authorized 25.17 to be delegated by a licensed dentist to a dental aide by the 25.18 board of dentistry. Suchactsservices shall be performed under 25.19 supervision of a licensed dentist. The board may permit 25.20 differing levels of dental assistance based upon recognized 25.21 educational standards, approved by the board, for the training 25.22 of dental assistants. The board may also define by rule the 25.23 scope of practice ofregistered and nonregisteredlicensed 25.24 dental assistants and dental aides. The board by rule may 25.25 require continuing education for differing levels of dental 25.26 assistants and dental aides, as a condition to 25.27 theirregistrationlicensure or authority to perform their 25.28 authorized duties. Any licensed dentist whoshall permit such25.29unlicensedpermits a licensed dental assistant or a dental aide 25.30 to perform any dental service other thanthatthose authorized 25.31 by the board shall be deemed to be enabling an unlicensed person 25.32 to practice dentistry, and commission of such an act bysuch25.33unlicenseda licensed assistant or a dental aide shall 25.34 constitute a violation of sections 150A.01 to 150A.12. 25.35 Sec. 25. Minnesota Statutes 2002, section 214.18, 25.36 subdivision 5, is amended to read: 26.1 Subd. 5. [REGULATED PERSON.] "Regulated person" means a 26.2 licensed dental hygienist, dentist, physician, nurse who is 26.3 currently registered as a registered nurse or licensed practical 26.4 nurse, podiatrist,a registeredor dental assistant, a 26.5 physician's assistant, and for purposes of sections 214.19, 26.6 subdivisions 4 and 5; 214.20, paragraph (a); and 214.24, a 26.7 chiropractor. 26.8 Sec. 26. Minnesota Statutes 2002, section 352.91, 26.9 subdivision 3g, is amended to read: 26.10 Subd. 3g. [ADDITIONAL CORRECTIONS DEPARTMENT PERSONNEL.] 26.11 (a) "Covered correctional service" means service by a state 26.12 employee in one of the employment positions at the designated 26.13 Minnesota correctional facility specified in paragraph (b), 26.14 provided that at least 75 percent of the employee's working time 26.15 is spent in direct contact with inmates and the fact of this 26.16 direct contact is certified to the executive director by the 26.17 commissioner of corrections. 26.18 (b) The employment positions and correctional facilities 26.19 are: 26.20 (1) corrections discipline unit supervisor, at the 26.21 Minnesota correctional facility-Faribault, the Minnesota 26.22 correctional facility-Lino Lakes, the Minnesota correctional 26.23 facility-Oak Park Heights, and the Minnesota correctional 26.24 facility-St. Cloud; 26.25 (2) dental assistantregistered, at the Minnesota 26.26 correctional facility-Faribault, the Minnesota correctional 26.27 facility-Lino Lakes, the Minnesota correctional facility-Moose 26.28 Lake, the Minnesota correctional facility-Oak Park Heights, and 26.29 the Minnesota correctional facility-Red Wing; 26.30 (3) dental hygienist, at the Minnesota correctional 26.31 facility-Shakopee; 26.32 (4) psychologist 2, at the Minnesota correctional 26.33 facility-Faribault, the Minnesota correctional facility-Lino 26.34 Lakes, the Minnesota correctional facility-Moose Lake, the 26.35 Minnesota correctional facility-Oak Park Heights, the Minnesota 26.36 correctional facility-Red Wing, the Minnesota correctional 27.1 facility-St. Cloud, the Minnesota correctional 27.2 facility-Shakopee, and the Minnesota correctional 27.3 facility-Stillwater; and 27.4 (5) sentencing to service crew leader involved with the 27.5 inmate community work crew program, at the Minnesota 27.6 correctional facility-Faribault and the Minnesota correctional 27.7 facility-Lino Lakes.