HF 3411

as introduced - 86th Legislature (2009 - 2010) Posted on 03/04/2010 10:03am

A bill for an act
relating to health; regulating dental laboratories; proposing coding for new law
as Minnesota Statutes, chapter 150B.

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

Section 1.

new text begin [150B.01] SCOPE.
new text end

new text begin To promote the health, safety, and welfare of citizens of this state, dental laboratories
conducting business in this state must adhere to the regulatory procedures in sections
150B.02 to 150B.05.
new text end

Sec. 2.

new text begin [150B.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Dental laboratory. new text end

new text begin "Dental laboratory" means a corporation,
partnership, or sole proprietor engaged in the manufacture or repair of dental prosthetic
appliances on the prescription of and for a licensed dentist or the work authorized by
another commercial dental laboratory.
new text end

new text begin Subd. 2. new text end

new text begin Dental technician. new text end

new text begin "Dental technician" has the meaning given in section
150A.10, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Certified dental technician. new text end

new text begin "Certified dental technician" means a dental
technician who has met the standards set by the National Board for Certification in Dental
Laboratory Technology or its equivalent as established by the Board of Dentistry.
new text end

new text begin Subd. 4. new text end

new text begin Licensed dentist. new text end

new text begin "Licensed dentist" has the meaning given in section
150A.01, subdivision 6.
new text end

new text begin Subd. 5. new text end

new text begin Work order. new text end

new text begin "Work order" means a written instrument by a licensed
dentist directing a registered dental laboratory to manufacture or repair a dental prosthetic
appliance for an individual patient. The work order may be handwritten. It may be faxed
or sent electronically using an electronic signature.
new text end

new text begin Subd. 6. new text end

new text begin Work authorization. new text end

new text begin "Work authorization" means a written instrument
by a registered dental laboratory authorized by prescription by which a registered dental
laboratory subcontracts all or part of the fabrication or repair of a dental prosthetic
appliance authorized by prescription to another regulated dental laboratory. The work
authorization may be handwritten. It may be faxed or sent electronically using an
electronic signature.
new text end

Sec. 3.

new text begin [150B.03] REGISTRATION REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Registered dental laboratory. new text end

new text begin (a) An individual dental laboratory
operating, doing business, or intending to operate or do business in this state must register
with the Board of Dentistry every two years and receive a unique registration number
identifying the registered dental laboratory.
new text end

new text begin (b) In order to be regulated under this section, a dental laboratory must practice
infectious disease control criteria as required by OSHA and the Centers for Disease
Control and Prevention (CDC) of the United States Public Health Service.
new text end

new text begin (c) A dental laboratory in another state or country that provides service to a dentist
licensed in this state is required to be registered with the state.
new text end

new text begin (d) Dental laboratories registered in this state are subject to inspections as directed
by the Board of Dentistry.
new text end

new text begin Subd. 2. new text end

new text begin Prescription required. new text end

new text begin (a) The dental technological work must be based
on a prescription issued by a licensed dentist. Prescriptions may be handwritten. They
may be faxed or sent electronically using an electronic signature.
new text end

new text begin (b) The laboratory shall not diagnose or issue a treatment plan with a patient for or in
place of the prescribing dentist.
new text end

new text begin Subd. 3. new text end

new text begin Outside dental laboratory work. new text end

new text begin A dentist practicing dentistry in this
state must us a dental laboratory registered with the state of Minnesota and displaying
a state registration number for any dental laboratory work that is performed outside of
the office of a licensed dentist.
new text end

new text begin Subd. 4. new text end

new text begin Material content notice. new text end

new text begin (a) A dental laboratory shall disclose to the
dentist, within seven days of written request, the complete material content of a prescribed
restoration in a manner in which it can be easily included in the patient record. The
material content notice must be included in the patient record.
new text end

new text begin (b) The laboratory shall return to the dentist who issued the prescription certification
of:
new text end

new text begin (1) the country of origin where the dental technological work was performed,
in whole or in part;
new text end

new text begin (2) the name, physical address, and registration number of the laboratory authorized
to manufacture the dental device.
new text end

Sec. 4.

new text begin [150B.04] PROHIBITION AGAINST USE OF A NONREGISTERED
DENTAL LABORATORY.
new text end

new text begin A dentist licensed in this state must not have a dental prosthetic appliance
manufactured in a dental laboratory that does not meet the regulatory requirements
of this section.
new text end

Sec. 5.

new text begin [150B.05] CONTINUING EDUCATION REQUIREMENTS.
new text end

new text begin (a) Each dental laboratory renewing registration on or after ................ shall be
required to have documentation on file certifying that each of their dental technicians
has completed eight hours of continuing education biennially. Programs of continuing
education shall be programs of learning that contribute directly to the education of the
dental technician and may include, but shall not be limited to, attendance at lectures, study
clubs, college courses, or scientific sessions of conventions; and research.
new text end

new text begin (b) The aim of continuing education for dental technicians is to improve dental
health care delivery to the public as such is impacted through the design, manufacture, and
use of artificial human oral prosthetics and related restorative appliances.
new text end

new text begin (c) Continuing education courses shall address one or more of the following areas
of professional development including, but not limited to:
new text end

new text begin (1) laboratory and technological subjects including, but not limited to, laboratory
techniques and procedures, materials, and equipment; and
new text end

new text begin (2) subjects pertinent to oral health, infection control, and safety.
new text end

new text begin (d) Programs meeting the general requirements of continuing education as
recognized by the National Association of Dental Laboratories (NADL). Other
organizations, schools, or agencies may also be approved to develop and offer continuing
education in accordance with specific criteria established by the Board of Dentistry.
new text end

new text begin (e) Any dental laboratory renewing a registration on or after ................. shall
submit a sworn affidavit, on a form acceptable to the Board of Dentistry, attesting that
each of their dental technicians has completed the continuing education required in this
section according to the guidelines and provisions of this section and listing the date,
location, sponsor, subject matter, and hours of completed continuing education courses.
The dental laboratory shall retain in its records any receipts, vouchers, or certificates as
may be necessary to document completion of the continuing education courses for two
registration cycles. With cause, the Board of Dentistry may request that the documentation
be provided by the applicant. The Board of Dentistry may also request the documentation
from applicants selected at random without cause.
new text end

Sec. 6.

new text begin [150B.06] IN-OFFICE DENTAL LABORATORIES.
new text end

new text begin Sections 150B.01 to 150B.05 apply to a dental laboratory that is located within a
dental practice and the dental technicians employed by that dental practice.
new text end