as introduced - 81st Legislature (1999 - 2000) 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; amending Minnesota Statutes 1998, 1.4 sections 144.054, subdivision 2; 150A.01, subdivisions 1.5 5 and 8; 150A.02, subdivision 1; 150A.03, subdivision 1.6 1; 150A.05, subdivision 2, and by adding a 1.7 subdivision; 150A.06, subdivisions 2a, 2b, 5, and 6; 1.8 150A.08, subdivisions 1, 3, 4, 5, 6, and 8; 150A.081, 1.9 subdivisions 1 and 2; 150A.09, subdivisions 1, 3, and 1.10 5; 150A.10, subdivision 2; and 214.18, subdivision 5. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. Minnesota Statutes 1998, section 144.054, 1.13 subdivision 2, is amended to read: 1.14 Subd. 2. [HIV; HBV.] The commissioner may subpoena 1.15 privileged medical information of patients who may have been 1.16 exposed by a licensed dental hygienist, dentist, physician, 1.17 nurse, podiatrist,a registeredor dental assistant,or a 1.18 physician's assistant who is infected with the human 1.19 immunodeficiency virus (HIV) or hepatitis B virus (HBV) when the 1.20 commissioner has determined that it may be necessary to notify 1.21 those patients that they may have been exposed to HIV or HBV. 1.22 Sec. 2. Minnesota Statutes 1998, section 150A.01, 1.23 subdivision 5, is amended to read: 1.24 Subd. 5. [UNLICENSED DENTAL ASSISTANT.] "Unlicensed dental 1.25 assistant" means a person performing acts authorized under 1.26 section 150A.10, subdivision 2. 1.27 Sec. 3. Minnesota Statutes 1998, section 150A.01, 1.28 subdivision 8, is amended to read: 2.1 Subd. 8. [REGISTEREDDENTAL ASSISTANT.] "RegisteredDental 2.2 assistant" means a personregisteredlicensed pursuant to 2.4section 150A.06sections 150A.01 to 150A.12 to perform the 2.5 services authorized pursuant to sections 150A.05, subdivision 2.6 1b, and 150A.10, subdivision 2. 2.7 Sec. 4. Minnesota Statutes 1998, section 150A.02, 2.8 subdivision 1, is amended to read: 2.9 Subdivision 1. There is hereby created a board of 2.10 dentistry whose duty it shall be to carry out the purposes and 2.11 enforce the provisions of sections 150A.01 to 150A.12. The 2.12 board shall consist of two public members as defined by section 2.13 214.02, five qualified resident dentists, one qualified resident 2.14registereddental assistant, and one qualified resident dental 2.15 hygienist appointed by the governor. Membership terms, 2.16 compensation of members, removal of members, the filling of 2.17 membership vacancies, and fiscal year and reporting requirements 2.18 shall be as provided in sections 214.07 to 214.09. The 2.19 provision of staff, administrative services and office space; 2.20 the review and processing of board complaints; the setting of 2.21 board fees; and other provisions relating to board operations 2.22 shall be as provided in chapter 214. Each board member who is a 2.23 dentist,registereddental assistant, or dental hygienist shall 2.24 have been lawfully in active practice in this state for five 2.25 years immediately preceding appointment; and no board member 2.26 shall be eligible for appointment to more than two consecutive 2.27 four-year terms, and members serving on the board at the time of 2.28 the enactment hereof shall be eligible to reappointment provided 2.29 they shall not have served more than nine consecutive years at 2.30 the expiration of the term to which they are to be appointed. 2.31 At least 90 days prior to the expiration of the terms of 2.32 dentists,registereddental assistants, or dental hygienists, 2.33 the Minnesota dental association, Minnesota dental assistants 2.34 association, or the Minnesota state dental hygiene association 2.35 shall recommend to the governor for each term expiring not less 2.36 than two dentists, tworegistereddental assistants, or two 2.37 dental hygienists, respectively, who are qualified to serve on 3.1 the board, and from the list so recommended the governor may 3.2 appoint members to the board for the term of four years, the 3.3 appointments to be made within 30 days after the expiration of 3.4 the terms. Within 60 days after the occurrence of a dentist, 3.5registereddental assistant, or dental hygienist vacancy, prior 3.6 to the expiration of the term, in the board, the Minnesota 3.7 dental association, the Minnesota dental assistants association, 3.8 or the Minnesota state dental hygiene association shall 3.9 recommend to the governor not less than two dentists, two 3.10registereddental assistants, or two dental hygienists, who are 3.11 qualified to serve on the board and from the list so recommended 3.12 the governor, within 30 days after receiving such list of 3.13 dentists, may appoint one member to the board for the unexpired 3.14 term occasioned by such vacancy. Any appointment to fill a 3.15 vacancy shall be made within 90 days after the occurrence of 3.16 such vacancy. The first four-year term of the dental hygienist 3.17 and of theregistereddental assistant shall commence on the 3.18 first Monday in January, 1977. 3.19 Sec. 5. Minnesota Statutes 1998, section 150A.03, 3.20 subdivision 1, is amended to read: 3.21 Subdivision 1. [OFFICERS.] The board shall elect from its 3.22 members a president, a vice-president, and a secretary. The 3.23 board shall have a common seal. It may hold meetings at such 3.24 times as may be necessary and as it may determine. The board 3.25 may affiliate and participate, both in and out-of-state, with 3.26 regional and national testing agencies for the purpose of 3.27 conducting examinations for licensureand registration. The fee 3.28 charged by such an agency for conducting the examination may be 3.29 in addition to the application fee established by the board 3.30 pursuant to section 150A.06. 3.31 Sec. 6. Minnesota Statutes 1998, section 150A.05, is 3.32 amended by adding a subdivision to read: 3.33 Subd. 1b. [PRACTICE OF DENTAL ASSISTING.] A person shall 3.34 be deemed to be practicing as a dental assistant within the 3.35 meaning of sections 150A.01 to 150A.12 who performs any duty or 3.36 related services delegated by a licensed dentist as permitted by 4.1 the rules of the board. 4.2 Sec. 7. Minnesota Statutes 1998, section 150A.05, 4.3 subdivision 2, is amended to read: 4.4 Subd. 2. [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES 4.5 AND OPERATIONS.] Sections 150A.01 to 150A.12 do not apply to: 4.6 (1) the practice of dentistryor, dental hygiene, or dental 4.7 assisting in any branch of the armed services of the United 4.8 States, the United States Public Health Service, or the United 4.9 States Veterans Administration; 4.10 (2) the practice of dentistry, dental hygiene, or dental 4.11 assisting by undergraduate dental students, dental hygiene 4.12 students, and dental assisting students of the University of 4.13 Minnesota, schools of dental hygiene, or schools of dental 4.14 assisting approved by the board, when acting under the direction 4.15 and supervision of a licensed dentistor, a licensed dental 4.16 hygienist, or a licensed dental assistant acting as an 4.17 instructor; 4.18 (3) the practice of dentistry by licensed dentists of other 4.19 states or countries while appearing as clinicians under the 4.20 auspices of a duly approved dental school or college, or a 4.21 reputable dental society, or a reputable dental study club 4.22 composed of dentists; 4.23 (4) the actions of persons while they are taking 4.24 examinations for licensureor registrationadministered or 4.25 approved by the board pursuant to sections 150A.03, subdivision 4.26 1, and 150A.06, subdivisions 1, 2, and 2a; 4.27 (5) the practice of dentistry by dentists and dental 4.28 hygienists licensed by other states during their functioning as 4.29 examiners responsible for conducting licensureor registration4.30 examinations administered by regional and national testing 4.31 agencies with whom the board is authorized to affiliate and 4.32 participate under section 150A.03, subdivision 1, and the 4.33 practice of dentistry by the regional and national testing 4.34 agencies during their administering examinations pursuant to 4.35 section 150A.03, subdivision 1; 4.36 (6) the use of X-rays or other diagnostic imaging 5.1 modalities for making radiographs or other similar records in a 5.2 hospital under the supervision of a physician or dentist or by a 5.3 person who is credentialed to use diagnostic imaging modalities 5.4 or X-ray machines for dental treatment, roentgenograms, or 5.5 dental diagnostic purposes by a credentialing agency other than 5.6 the board of dentistry; or 5.7 (7) the service, other than service performed directly upon 5.8 the person of a patient, of constructing, altering, repairing, 5.9 or duplicating any denture, partial denture, crown, bridge, 5.10 splint, orthodontic, prosthetic, or other dental appliance, when 5.11 performed according to a written work order from a licensed 5.12 dentist in accordance with section 150A.10, subdivision 3. 5.13 Sec. 8. Minnesota Statutes 1998, section 150A.06, 5.14 subdivision 2a, is amended to read: 5.15 Subd. 2a. [REGISTEREDDENTALASSISTANTASSISTANTS.] A 5.16 person of good moral character, who has submitted an application 5.17 and fee as prescribed by the board and the diploma or equivalent 5.18 awarded to the person by a training school for dental assistants 5.19 or its equivalent approved by the board, may be examined by the 5.20 board or by an agency pursuant to section 150A.03, subdivision 5.21 1, in a manner to test the applicant's fitness to perform as a 5.22registeredlicensed dental assistant. In the case of 5.23 examinations conducted pursuant to section 150A.03, subdivision 5.24 1, applicants may take the examination before applying to the 5.25 board forregistrationlicensure. The examination shall include 5.26 an examination of the applicant's knowledge of the laws of 5.27 Minnesota relating to dentistry and the rules of the board. An 5.28 applicant is ineligible to retake the clinical examination 5.29 required by the board after failing it twice until further 5.30 education and training are obtained as specified by the board by 5.31 rule. A separate, nonrefundable fee may be charged for each 5.32 time a person applies. An applicant who passes the examination 5.33 in compliance with subdivision 2b and meets all the other 5.34 requirements of the board shall beregisteredlicensed as a 5.35 dental assistant. The examination fee set by the board in rule 5.36 is the application fee until the board amends, repeals, or 6.1 otherwise changes the rules pursuant to chapter 14. 6.2 Sec. 9. Minnesota Statutes 1998, section 150A.06, 6.3 subdivision 2b, is amended to read: 6.4 Subd. 2b. [EXAMINATION.] When board members administer the 6.5 examination for licensureor registration, only those board 6.6 members qualified for the particular examination may administer 6.7 it. An examination which the board requires as a condition of 6.8 licensureor registrationmust have been taken within the five 6.9 years before the board receives the application for licensureor6.10registration. 6.11 Sec. 10. Minnesota Statutes 1998, section 150A.06, 6.12 subdivision 5, is amended to read: 6.13 Subd. 5. [FRAUD IN SECURING LICENSES.] Every person 6.14 implicated in employing fraud or deception in applying for or 6.15 securing a license to practice dentistryor, dental hygieneor6.16in applying for or securing a registration to practice, dental 6.17 assisting, or in annually registering a licenseor registration6.18 under sections 150A.01 to 150A.12 is guilty of a gross 6.19 misdemeanor. 6.20 Sec. 11. Minnesota Statutes 1998, section 150A.06, 6.21 subdivision 6, is amended to read: 6.22 Subd. 6. [DISPLAY OF NAME AND CERTIFICATES.] The name,and 6.23 license certificate, and annual registration certificateof 6.24 every licensed dentist, dental hygienist, orregistereddental 6.25 assistant shall be conspicuously displayed in every office in 6.26 which that person practices, in plain sight of patients. If 6.27 there is more than one dentist, dental hygienist, orregistered6.28 dental assistant practicing or employed in any office, the 6.29 manager or proprietor of the office shall display in plain sight 6.30 the name, license certificateand annual registration6.31certificateof each dentist, dental hygienist, orregistered6.32 dental assistant practicing or employed there. Near or on the 6.33 entrance door to every office where dentistry is practiced, the 6.34 name of each dentist practicing there, as inscribed on the 6.35 license certificate and annual registration certificate of each 6.36 dentist, shall be displayed in plain sight. 7.1 Sec. 12. Minnesota Statutes 1998, section 150A.08, 7.2 subdivision 1, is amended to read: 7.3 Subdivision 1. [GROUNDS.] The board may refuse or by order 7.4 suspend or revoke, limit or modify by imposing conditions it 7.5 deems necessary, any license to practice dentistryor, dental 7.6 hygiene, orthe registration of anydentalassistantassisting 7.7 upon any of the following grounds: 7.8 (1) Fraud or deception in connection with the practice of 7.9 dentistry or the securing of a licenseor annual registration7.10certificate; 7.11 (2) Conviction, including a finding or verdict of guilt, an 7.12 admission of guilt, or a no contest plea, in any court of a 7.13 felony or gross misdemeanor reasonably related to the practice 7.14 of dentistry as evidenced by a certified copy of the conviction; 7.15 (3) Conviction, including a finding or verdict of guilt, an 7.16 admission of guilt, or a no contest plea, in any court of an 7.17 offense involving moral turpitude as evidenced by a certified 7.18 copy of the conviction; 7.19 (4) Habitual overindulgence in the use of intoxicating 7.20 liquors; 7.21 (5) Improper or unauthorized prescription, dispensing, 7.22 administering, or personal or other use of any legend drug as 7.23 defined in chapter 151, of any chemical as defined in chapter 7.24 151, or of any controlled substance as defined in chapter 152; 7.25 (6) Conduct unbecoming a person licensed to practice 7.26 dentistryor, dental hygiene, orregistered as adental 7.27assistantassisting, or conduct contrary to the best interest of 7.28 the public, as such conduct is defined by the rules of the 7.29 board; 7.30 (7) Gross immorality; 7.31 (8) Any physical, mental, emotional, or other disability 7.32 which adversely affects a dentist's, dental hygienist's, or 7.33registereddental assistant's ability to perform the service for 7.34 which the person is licensedor registered; 7.35 (9) Revocation or suspension of a license, registration,or 7.36 equivalent authority to practice, or other disciplinary action 8.1 or denial of a licenseor registrationapplication taken by a 8.2 licensing, registering, or credentialing authority of another 8.3 state, territory, or country as evidenced by a certified copy of 8.4 the licensing authority's order, if the disciplinary action or 8.5 application denial was based on facts that would provide a basis 8.6 for disciplinary action under this chapter and if the action was 8.7 taken only after affording the credentialed person or applicant 8.8 notice and opportunity to refute the allegations or pursuant to 8.9 stipulation or other agreement; 8.10 (10) Failure to maintain adequate safety and sanitary 8.11 conditions for a dental office in accordance with the standards 8.12 established by the rules of the board; 8.13 (11) Employing, assisting, or enabling in any manner an 8.14 unlicensed person to practice dentistry; 8.15 (12) Failure or refusal to attend, testify, and produce 8.16 records as directed by the board under subdivision 7; 8.17 (13) Violation of, or failure to comply with, any other 8.18 provisions of sections 150A.01 to 150A.12, the rules of the 8.19 board of dentistry, or any disciplinary order issued by the 8.20 board, section 144.335 or 595.02, subdivision 1, paragraph (d), 8.21 or for any other just cause related to the practice of 8.22 dentistry. Suspension, revocation, modification or limitation 8.23 of any license shall not be based upon any judgment as to 8.24 therapeutic or monetary value of any individual drug prescribed 8.25 or any individual treatment rendered, but only upon a repeated 8.26 pattern of conduct; 8.27 (14) Knowingly providing false or misleading information 8.28 that is directly related to the care of that patient unless done 8.29 for an accepted therapeutic purpose such as the administration 8.30 of a placebo; or 8.31 (15) Aiding suicide or aiding attempted suicide in 8.32 violation of section 609.215 as established by any of the 8.33 following: 8.34 (i) a copy of the record of criminal conviction or plea of 8.35 guilty for a felony in violation of section 609.215, subdivision 8.36 1 or 2; 9.1 (ii) a copy of the record of a judgment of contempt of 9.2 court for violating an injunction issued under section 609.215, 9.3 subdivision 4; 9.4 (iii) a copy of the record of a judgment assessing damages 9.5 under section 609.215, subdivision 5; or 9.6 (iv) a finding by the board that the person violated 9.7 section 609.215, subdivision 1 or 2. The board shall 9.8 investigate any complaint of a violation of section 609.215, 9.9 subdivision 1 or 2. 9.10 Sec. 13. Minnesota Statutes 1998, section 150A.08, 9.11 subdivision 3, is amended to read: 9.12 Subd. 3. [REINSTATEMENT.] Any licenseeor registrantwhose 9.13 licenseor registrationhas been suspended or revoked may have 9.14 the licenseor registrationreinstated or a new licenseor9.15registrationissued, as the case may be, when the board deems 9.16 the action is warranted. The board may require the licenseeor9.17registrantto pay all costs of proceedings resulting in the 9.18 suspension or revocation of licenseor registrationand 9.19 reinstatement or new license and the fee for reinstatement 9.20 established by the board. Any licenseeor registrantwho has 9.21 been disciplined by the board in a manner other than by 9.22 suspension or revocation may be required by the board to pay all 9.23 costs of proceedings resulting in the disciplinary action. 9.24 Sec. 14. Minnesota Statutes 1998, section 150A.08, 9.25 subdivision 4, is amended to read: 9.26 Subd. 4. [RECORDS.] The executive secretary of the board 9.27 shall keep a record of all licensesand registration9.28certificatesissued, suspended, or revoked. 9.29 Sec. 15. Minnesota Statutes 1998, section 150A.08, 9.30 subdivision 5, is amended to read: 9.31 Subd. 5. [MEDICAL EXAMINATIONS.] If the board has probable 9.32 cause to believe that a dentist, dental hygienist,registered9.33 dental assistant, or applicant engages in acts described in 9.34 subdivision 1, clause (4) or (5), or has a condition described 9.35 in subdivision 1, clause (8), it shall direct the dentist, 9.36 dental hygienist, dental assistant, or applicant to submit to a 10.1 mental or physical examination or a chemical dependency 10.2 assessment. For the purpose of this subdivision, every dentist, 10.3 hygienist, or assistant licensedor registeredunder this 10.4 chapter or person submitting an application for a licenseor10.5registrationis deemed to have given consent to submit to a 10.6 mental or physical examination when directed in writing by the 10.7 board and to have waived all objections in any proceeding under 10.8 this section to the admissibility of the examining physician's 10.9 testimony or examination reports on the ground that they 10.10 constitute a privileged communication. Failure to submit to an 10.11 examination without just cause may result in an application 10.12 being denied or a default and final order being entered without 10.13 the taking of testimony or presentation of evidence, other than 10.14 evidence which may be submitted by affidavit, that the licensee,10.15registrant,or applicant did not submit to the examination. A 10.16 dentist, dental hygienist,registereddental assistant, or 10.17 applicant affected under this section shall at reasonable 10.18 intervals be afforded an opportunity to demonstrate ability to 10.19 start or resume the competent practice of dentistry or perform 10.20 the duties of a dental hygienist orregistereddental assistant 10.21 with reasonable skill and safety to patients. In any proceeding 10.22 under this subdivision, neither the record of proceedings nor 10.23 the orders entered by the board is admissible, is subject to 10.24 subpoena, or may be used against the dentist, dental 10.25 hygienist,registereddental assistant, or applicant in any 10.26 proceeding not commenced by the board. Information obtained 10.27 under this subdivision shall be classified as private pursuant 10.28 to the Minnesota Government Data Practices Act. 10.29 Sec. 16. Minnesota Statutes 1998, section 150A.08, 10.30 subdivision 6, is amended to read: 10.31 Subd. 6. [MEDICAL RECORDS.] Notwithstanding contrary 10.32 provisions of sections 13.42 and 144.651 or any other statute 10.33 limiting access to medical or other health data, the board may 10.34 obtain medical data and health records of a licensee,10.35registrant,or applicant without the licensee's, registrant's,10.36 or applicant's consent if the information is requested by the 11.1 board as part of the process specified in subdivision 5. The 11.2 medical data may be requested from a provider, as defined in 11.3 section 144.335, subdivision 1, clause (b), an insurance 11.4 company, or a government agency, including the department of 11.5 human services. A provider, insurance company, or government 11.6 agency shall comply with any written request of the board under 11.7 this subdivision and shall not be liable in any action for 11.8 damages for releasing the data requested by the board if the 11.9 data are released pursuant to a written request under this 11.10 subdivision, unless the information is false and the provider 11.11 giving the information knew, or had reason to believe, the 11.12 information was false. Information obtained under this 11.13 subdivision shall be classified as private under the Minnesota 11.14 Government Data Practices Act. 11.15 Sec. 17. Minnesota Statutes 1998, section 150A.08, 11.16 subdivision 8, is amended to read: 11.17 Subd. 8. [SUSPENSION OF LICENSE.] In addition to any other 11.18 remedy provided by law, the board may, through its designated 11.19 board members pursuant to section 214.10, subdivision 2, 11.20 temporarily suspend a licenseor registrationwithout a hearing 11.21 if the board finds that the licenseeor registranthas violated 11.22 a statute or rule which the board is empowered to enforce and 11.23 continued practice by the licenseeor registrantwould create an 11.24 imminent risk of harm to others. The suspension shall take 11.25 effect upon written notice to the licenseeor registrantserved 11.26 by first class mail specifying the statute or rule violated, and 11.27 the time, date, and place of the hearing before the board. If 11.28 the notice is returned by the post office, the notice shall be 11.29 effective upon reasonable attempts to locate and serve the 11.30 licenseeor registrant. Within ten days of service of the 11.31 notice, the board shall hold a hearing before its own members on 11.32 the sole issue of whether there is a reasonable basis to 11.33 continue, modify, or lift the suspension. Evidence presented by 11.34 the board,or licensee, or registrant,shall be in affidavit 11.35 form only. The licenseeor registrantor counsel of the 11.36 licenseeor registrantmay appear for oral argument. Within 12.1 five working days after the hearing, the board shall issue its 12.2 order and, if the suspension is continued, the board shall 12.3 schedule a disciplinary hearing to be held pursuant to the 12.4 Administrative Procedure Act within 45 days of issuance of the 12.5 order. The administrative law judge shall issue a report within 12.6 30 days of the closing of the contested case hearing record. 12.7 The board shall issue a final order within 30 days of receiving 12.8 that report. The board may allow a person who was licensed by 12.9 any state to practice dentistry and whose license has been 12.10 suspended to practice dentistry under the supervision of a 12.11 licensed dentist for the purpose of demonstrating competence and 12.12 eligibility for reinstatement. 12.13 Sec. 18. Minnesota Statutes 1998, section 150A.081, 12.14 subdivision 1, is amended to read: 12.15 Subdivision 1. [ACCESS TO DATA ON LICENSEEOR REGISTRANT.] 12.16 When the board has probable cause to believe that a 12.17 licensee'sor registrant'scondition meets a ground listed in 12.18 section 150A.08, subdivision 1, clause (4) or (8), it may, 12.19 notwithstanding sections 13.42, 144.651, or any other law 12.20 limiting access to medical data, obtain medical or health 12.21 records on the licenseeor registrantwithout the licensee'sor12.22registrant'sconsent. The medical data may be requested from a 12.23 provider, as defined in section 144.335, subdivision 1, 12.24 paragraph (b), an insurance company, or a government agency. A 12.25 provider, insurance company, or government agency shall comply 12.26 with a written request of the board under this subdivision and 12.27 is not liable in any action for damages for releasing the data 12.28 requested by the board if the data are released under the 12.29 written request, unless the information is false and the entity 12.30 providing the information knew, or had reason to believe, the 12.31 information was false. 12.32 Sec. 19. Minnesota Statutes 1998, section 150A.081, 12.33 subdivision 2, is amended to read: 12.34 Subd. 2. [ACCESS TO DATA ON PATIENTS.] The board has 12.35 access to medical records of a patient treated by a licenseeor12.36registrantunder review if the patient signs a written consent 13.1 permitting access. If the patient has not given consent, the 13.2 licenseeor registrantmust delete data from which a patient may 13.3 be identified before releasing medical records to the board. 13.4 Sec. 20. Minnesota Statutes 1998, section 150A.09, 13.5 subdivision 1, is amended to read: 13.6 Subdivision 1. [REGISTRATIONRENEWAL INFORMATION AND 13.7 PROCEDURE.] On or before the licenseor registration certificate13.8 expiration date, every licensed dentist, dental hygienist, 13.9 andregistereddental assistant shall transmit to the executive 13.10 secretary of the board, pertinent information required by the 13.11 board, together with the fee established by the board. At least 13.12 30 days before a licenseor registration certificateexpiration 13.13 date, the board shall send a written notice stating the amount 13.14 and due date of the fee and the information to be provided to 13.15 every licensed dentist, dental hygienist, andregistereddental 13.16 assistant. 13.17 Sec. 21. Minnesota Statutes 1998, section 150A.09, 13.18 subdivision 3, is amended to read: 13.19 Subd. 3. [CURRENT ADDRESS, CHANGE OF ADDRESS.] Every 13.20 dentist, dental hygienist, andregistereddental assistant shall 13.21 maintain with the board a correct and current mailing address. 13.22 For dentists engaged in the practice of dentistry, the address 13.23 shall be that of the location of the primary dental practice. 13.24 Within 30 days after changing addresses, every dentist, dental 13.25 hygienist, andregistereddental assistant shall provide the 13.26 board written notice of the new address either personally or by 13.27 first class mail. 13.28 Sec. 22. Minnesota Statutes 1998, section 150A.09, 13.29 subdivision 5, is amended to read: 13.30 Subd. 5. [LATE FEE.] A late fee established by the board 13.31 shall be paid if the information and fee required by subdivision 13.32 1 is not received by the executive secretary of the board on or 13.33 before theregistration orlicense renewal date. 13.34 Sec. 23. Minnesota Statutes 1998, section 150A.10, 13.35 subdivision 2, is amended to read: 13.36 Subd. 2. [LICENSED AND UNLICENSED DENTAL ASSISTANTS.] 14.1 Every licensed dentist who uses the services of any licensed or 14.2 unlicensedpersondental assistant for the purpose of assistance 14.3 in the practice of dentistry shall be responsible for the acts 14.4 of suchunlicensedperson while engaged in such assistance. A 14.5 licensed dental assistant may provide any service delegated by a 14.6 licensed dentist as permitted by the rules of the board. Such 14.7 dentist shall permitsuchan unlicensed assistant to perform 14.8 only those acts which are authorized to be delegated to 14.9 unlicensed assistants by the board of dentistry. Such acts 14.10 shall be performed under supervision of a licensed dentist. The 14.11 board may permit differing levels of dental assistance based 14.12 upon recognized educational standards, approved by the board, 14.13 for the training of dental assistants. The board may also 14.14 define by rule the scope of practice ofregistered and14.15nonregisteredlicensed and unlicensed dental assistants. The 14.16 board by rule may require continuing education for differing 14.17 levels of dental assistants, as a condition to 14.18 theirregistrationlicensure or authority to perform their 14.19 authorized duties. Any licensed dentist who shall permitsucha 14.20 licensed or unlicensed assistant to perform any dental service 14.21 other than that authorized by the board shall be deemed to be 14.22 enabling an unlicensed person to practice dentistry, and 14.23 commission of such an act bysucha licensed or unlicensed 14.24 assistant shall constitute a violation of sections 150A.01 to 14.25 150A.12. 14.26 Sec. 24. Minnesota Statutes 1998, section 214.18, 14.27 subdivision 5, is amended to read: 14.28 Subd. 5. [REGULATED PERSON.] "Regulated person" means a 14.29 licensed dental hygienist, dentist, physician, nurse, 14.30 podiatrist, aregistereddental assistant, a physician's 14.31 assistant, and for purposes of sections 214.19, subdivisions 4 14.32 and 5; 214.20, paragraph (a); and 214.24, a chiropractor.