Minnesota Legislature
SF 1217
2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am
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A bill for an act
relating to health; modifying emergency medical transport provisions; providing
for licensure, supervision, and discipline of physician assistants; providing
for licensure, supervision, and discipline of dental assistants; changing
anesthesia/sedation certificate fees; providing for dentist credential review and
limited general licenses in certain instances; requiring that certain information
be provided to regional trauma advisory councils; imposing civil and criminal
penalties; amending Minnesota Statutes 2008, sections 144.1501, subdivision 1;
144.604, subdivisions 1, 2; 144.608, subdivision 3; 144E.001, subdivisions 3a,
9c; 147.09; 147A.01; 147A.02; 147A.03; 147A.04; 147A.05; 147A.06; 147A.07;
147A.08; 147A.09; 147A.11; 147A.13; 147A.16; 147A.18; 147A.19; 147A.20;
147A.21; 147A.23; 147A.24; 147A.26; 147A.27; 150A.01, subdivision 8;
150A.02, subdivision 1; 150A.05, subdivisions 1, 2; 150A.06, subdivisions
2a, 2b, 2c, 2d, 4a, 5, 7, 8; 150A.08, subdivisions 1, 3, 3a, 5, 6, 8; 150A.081;
150A.09, subdivisions 1, 3; 150A.091, subdivisions 2, 3, 5, 7, 8, 9, 10, 11,
12, 14, 15, by adding subdivisions; 150A.10, subdivisions 1a, 2, 4; 150A.12;
150A.13; 169.345, subdivision 2; 253B.02, subdivision 7; 253B.05, subdivision
2; 256B.0625, subdivision 28a; 256B.0751, subdivision 1; repealing Minnesota
Statutes 2008, sections 144.604, subdivision 3; 147A.22; 150A.09, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 144.1501, subdivision 1, is amended to
read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following definitions
apply.
(b) "Dentist" means an individual who is licensed to practice dentistry.
(c) "Designated rural area" means:
(1) an area in Minnesota outside the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington, excluding the cities of Duluth, Mankato, Moorhead,
Rochester, and St. Cloud; or
(2) a municipal corporation, as defined under section 471.634, that is physically
located, in whole or in part, in an area defined as a designated rural area under clause (1).
(d) "Emergency circumstances" means those conditions that make it impossible for
the participant to fulfill the service commitment, including death, total and permanent
disability, or temporary disability lasting more than two years.
(e) "Medical resident" means an individual participating in a medical residency in
family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse
anesthetist, advanced clinical nurse specialist, or physician assistant.
(g) "Nurse" means an individual who has completed training and received all
licensing or certification necessary to perform duties as a licensed practical nurse or
registered nurse.
(h) "Nurse-midwife" means a registered nurse who has graduated from a program of
study designed to prepare registered nurses for advanced practice as nurse-midwives.
(i) "Nurse practitioner" means a registered nurse who has graduated from a program
of study designed to prepare registered nurses for advanced practice as nurse practitioners.
(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
(k) "Physician" means an individual who is licensed to practice medicine in the areas
of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
(l) "Physician assistant" means a person deleted text begin registereddeleted text end new text begin licensednew text end under chapter 147A.
(m) "Qualified educational loan" means a government, commercial, or foundation
loan for actual costs paid for tuition, reasonable education expenses, and reasonable living
expenses related to the graduate or undergraduate education of a health care professional.
(n) "Underserved urban community" means a Minnesota urban area or population
included in the list of designated primary medical care health professional shortage areas
(HPSAs), medically underserved areas (MUAs), or medically underserved populations
(MUPs) maintained and updated by the United States Department of Health and Human
Services.
Sec. 2.
Minnesota Statutes 2008, section 144.604, subdivision 1, is amended to read:
Subdivision 1.
Transport requirement.
Unless the Emergency Medical Services
Regulatory Board has approved a licensed ambulance service's deviation from the
guidelines under section 144E.101, subdivision 14, the ambulance service must transport
major trauma patients from the scene deleted text begin to the highest state-designated trauma hospital
within 30 minutes' transport timedeleted text end new text begin according to subdivision 2new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2010.
new text end
Sec. 3.
Minnesota Statutes 2008, section 144.604, subdivision 2, is amended to read:
Subd. 2.
Ground ambulance deleted text begin exceptionsdeleted text end new text begin transportationnew text end .
deleted text begin
Notwithstanding
subdivision 1, ground ambulances must comply with the following:
deleted text end
deleted text begin
(1) patients with compromised airways must be transported immediately to the
nearest designated trauma hospital; and
deleted text end
deleted text begin
(2) level II trauma hospitals capable of providing definitive trauma care must not
be bypassed to reach a level I trauma hospital.
deleted text end
new text begin
Ground ambulances must immediately
transport patients with compromised airways to the nearest designated trauma hospital. If
no designated trauma hospital exists within 30 minutes transport time, the patient must be
transported to the closest hospital. In cases where a patient does not have a compromised
airway, the ground ambulance must transport major trauma patients:
new text end
new text begin
(1) to a level I or level II trauma hospital within thirty minutes transport time;
new text end
new text begin
(2) if no level I or level II trauma hospital exists within 30 minutes transport time,
the patient must be transported to the closest designated trauma hospital within 30 minutes
transport time or to a more appropriate higher designated trauma hospital if predetermined
by the ambulance service medical director; or
new text end
new text begin
(3) if no designated trauma hospital exists within 30 minutes transport time, the
patient must be transported to the closest hospital.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2010.
new text end
Sec. 4.
Minnesota Statutes 2008, section 144.608, subdivision 3, is amended to read:
Subd. 3.
Regional trauma advisory councils.
(a) Up to eight regional trauma
advisory councils may be formed as needed.
(b) Regional trauma advisory councils shall advise, consult with, and make
recommendation to the state Trauma Advisory Council on suggested regional
modifications to the statewide trauma criteria that will improve patient care and
accommodate specific regional needs.new text begin The commissioner, in consultation with the
Emergency Medical Services Regulatory Board and the emergency medical services and
trauma hospitals in each region, shall provide quarterly data updates on major trauma
scene ground ambulance transports to each regional trauma advisory council.
new text end
(c) Each regional advisory council must have no more than 15 members. The
commissioner, in consultation with the Emergency Medical Services Regulatory Board,
shall name the council members.
(d) Regional council members may receive expenses in the same manner and amount
as authorized by the plan adopted under section 43A.18, subdivision 2.
Sec. 5.
Minnesota Statutes 2008, section 144E.001, subdivision 3a, is amended to read:
Subd. 3a.
Ambulance service personnel.
"Ambulance service personnel" means
individuals who are authorized by a licensed ambulance service to provide emergency
care for the ambulance service and are:
(1) EMTs, EMT-Is, or EMT-Ps;
(2) Minnesota registered nurses who are: (i) EMTs, are currently practicing
nursing, and have passed a paramedic practical skills test, as approved by the board
and administered by a training program approved by the board; (ii) on the roster of an
ambulance service on or before January 1, 2000; or (iii) after petitioning the board,
deemed by the board to have training and skills equivalent to an EMT, as determined on
a case-by-case basis; or
(3) Minnesota deleted text begin registereddeleted text end new text begin licensednew text end physician assistants who are: (i) EMTs, are
currently practicing as physician assistants, and have passed a paramedic practical skills
test, as approved by the board and administered by a training program approved by the
board; (ii) on the roster of an ambulance service on or before January 1, 2000; or (iii) after
petitioning the board, deemed by the board to have training and skills equivalent to an
EMT, as determined on a case-by-case basis.
Sec. 6.
Minnesota Statutes 2008, section 144E.001, subdivision 9c, is amended to read:
Subd. 9c.
Physician assistant.
"Physician assistant" means a person deleted text begin registereddeleted text end new text begin
licensednew text end to practice as a physician assistant under chapter 147A.
Sec. 7.
Minnesota Statutes 2008, section 147.09, is amended to read:
147.09 EXEMPTIONS.
Section 147.081 does not apply to, control, prevent or restrict the practice, service,
or activities of:
(1) A person who is a commissioned medical officer of, a member of, or employed
by, the armed forces of the United States, the United States Public Health Service, the
Veterans Administration, any federal institution or any federal agency while engaged in
the performance of official duties within this state, if the person is licensed elsewhere.
(2) A licensed physician from a state or country who is in actual consultation here.
(3) A licensed or registered physician who treats the physician's home state patients
or other participating patients while the physicians and those patients are participating
together in outdoor recreation in this state as defined by section 86A.03, subdivision 3.
A physician shall first register with the board on a form developed by the board for that
purpose. The board shall not be required to promulgate the contents of that form by rule.
No fee shall be charged for this registration.
(4) A student practicing under the direct supervision of a preceptor while the student
is enrolled in and regularly attending a recognized medical school.
(5) A student who is in continuing training and performing the duties of an intern or
resident or engaged in postgraduate work considered by the board to be the equivalent of
an internship or residency in any hospital or institution approved for training by the board,
provided the student has a residency permit issued by the board under section 147.0391.
(6) A person employed in a scientific, sanitary, or teaching capacity by the state
university, the Department of Education, a public or private school, college, or other
bona fide educational institution, a nonprofit organization, which has tax-exempt status
in accordance with the Internal Revenue Code, section 501(c)(3), and is organized and
operated primarily for the purpose of conducting scientific research directed towards
discovering the causes of and cures for human diseases, or the state Department of Health,
whose duties are entirely of a research, public health, or educational character, while
engaged in such duties; provided that if the research includes the study of humans, such
research shall be conducted under the supervision of one or more physicians licensed
under this chapter.
(7) deleted text begin Physician'sdeleted text end new text begin Physiciannew text end assistants deleted text begin registereddeleted text end new text begin licensednew text end in this state.
(8) A doctor of osteopathy duly licensed by the state Board of Osteopathy under
Minnesota Statutes 1961, sections 148.11 to 148.16, prior to May 1, 1963, who has not
been granted a license to practice medicine in accordance with this chapter provided that
the doctor confines activities within the scope of the license.
(9) Any person licensed by a health-related licensing board, as defined in section
214.01, subdivision 2, or registered by the commissioner of health pursuant to section
214.13, including psychological practitioners with respect to the use of hypnosis; provided
that the person confines activities within the scope of the license.
(10) A person who practices ritual circumcision pursuant to the requirements or
tenets of any established religion.
(11) A Christian Scientist or other person who endeavors to prevent or cure disease
or suffering exclusively by mental or spiritual means or by prayer.
(12) A physician licensed to practice medicine in another state who is in this state
for the sole purpose of providing medical services at a competitive athletic event. The
physician may practice medicine only on participants in the athletic event. A physician
shall first register with the board on a form developed by the board for that purpose. The
board shall not be required to adopt the contents of the form by rule. The physician shall
provide evidence satisfactory to the board of a current unrestricted license in another state.
The board shall charge a fee of $50 for the registration.
(13) A psychologist licensed under section 148.907 or a social worker licensed
under chapter 148D who uses or supervises the use of a penile or vaginal plethysmograph
in assessing and treating individuals suspected of engaging in aberrant sexual behavior
and sex offenders.
(14) Any person issued a training course certificate or credentialed by the Emergency
Medical Services Regulatory Board established in chapter 144E, provided the person
confines activities within the scope of training at the certified or credentialed level.
(15) An unlicensed complementary and alternative health care practitioner practicing
according to chapter 146A.
Sec. 8.
Minnesota Statutes 2008, section 147A.01, is amended to read:
147A.01 DEFINITIONS.
Subdivision 1.
Scope.
For the purpose of this chapter the terms defined in this
section have the meanings given them.
deleted text begin Subd. 2. deleted text end
deleted text begin Active status. deleted text end
deleted text begin
"Active status" means the status of a person who has met all
the qualifications of a physician assistant, has a physician-physician assistant agreement in
force, and is registered.
deleted text end
Subd. 3.
Administer.
"Administer" means the delivery by a physician assistant
authorized to prescribe legend drugs, a single dose of a legend drug, including controlled
substances, to a patient by injection, inhalation, ingestion, or by any other immediate
means, and the delivery by a physician assistant ordered by a physician a single dose of a
legend drug by injection, inhalation, ingestion, or by any other immediate means.
Subd. 5.
Alternate supervising physician.
"Alternate supervising physician"
means a Minnesota licensed physician listed in the physician-physician assistant
new text begin delegation new text end agreementnew text begin , or supplemental listing,new text end who is responsible for supervising
the physician assistant when the deleted text begin maindeleted text end new text begin primarynew text end supervising physician is unavailable.
The alternate supervising physician shall accept full medical responsibility for the
performance, practice, and activities of the physician assistant while under the supervision
of the alternate supervising physician.
Subd. 6.
Board.
"Board" means the Board of Medical Practice or its designee.
Subd. 7.
Controlled substances.
"Controlled substances" has the meaning given it
in section 152.01, subdivision 4.
deleted text begin Subd. 8. deleted text end
deleted text begin Delegation form. deleted text end
deleted text begin
"Delegation form" means the form used to indicate the
categories of drugs for which the authority to prescribe, administer, and dispense has been
delegated to the physician assistant and signed by the supervising physician, any alternate
supervising physicians, and the physician assistant. This form is part of the agreement
described in section 147A.20, and shall be maintained by the supervising physician and
physician assistant at the address of record. Copies shall be provided to the board upon
request. "Addendum to the delegation form" means a separate listing of the schedules
and categories of controlled substances, if any, for which the physician assistant has been
delegated the authority to prescribe, administer, and dispense. The addendum shall be
maintained as a separate document as described above.
deleted text end
Subd. 9.
Diagnostic order.
"Diagnostic order" means a directive to perform
a procedure or test, the purpose of which is to determine the cause and nature of a
pathological condition or disease.
Subd. 10.
Drug.
"Drug" has the meaning given it in section 151.01, subdivision 5,
including controlled substances as defined in section 152.01, subdivision 4.
Subd. 11.
Drug category.
"Drug category" means one of the categories listed on the
new text begin physician-physician assistant new text end delegation deleted text begin formdeleted text end new text begin agreementnew text end .
Subd. 12.
Inactive deleted text begin statusdeleted text end .
"Inactive deleted text begin statusdeleted text end " means deleted text begin the status of a person who has
met all the qualifications of a physician assistant, and is registered, but does not have a
physician-physician assistant agreement in forcedeleted text end new text begin a licensed physician assistant whose
license has been placed on inactive status under section 147A.05new text end .
deleted text begin Subd. 13. deleted text end
deleted text begin Internal protocol. deleted text end
deleted text begin
"Internal protocol" means a document written by
the supervising physician and the physician assistant which specifies the policies and
procedures which will apply to the physician assistant's prescribing, administering,
and dispensing of legend drugs and medical devices, including controlled substances
as defined in section 152.01, subdivision 4, and lists the specific categories of drugs
and medical devices, with any exceptions or conditions, that the physician assistant
is authorized to prescribe, administer, and dispense. The supervising physician and
physician assistant shall maintain the protocol at the address of record. Copies shall be
provided to the board upon request.
deleted text end
new text begin Subd. 14a. new text end
new text begin Licensed. new text end
new text begin
"Licensed" means meeting the qualifications in section
147A.02 and being issued a license by the board.
new text end
new text begin Subd. 14b. new text end
new text begin Licensure. new text end
new text begin
"Licensure" means the process by which the board
determines that an applicant has met the standards and qualifications in this chapter.
new text end
deleted text begin Subd. 15. deleted text end
deleted text begin Locum tenens permit. deleted text end
deleted text begin
"Locum tenens permit" means time specific
temporary permission for a physician assistant to practice as a physician assistant in
a setting other than the practice setting established in the physician-physician assistant
agreement.
deleted text end
Subd. 16.
Medical device.
"Medical device" means durable medical equipment and
assistive or rehabilitative appliances, objects, or products that are required to implement
the overall plan of care for the patient and that are restricted by federal law to use upon
prescription by a licensed practitioner.
new text begin Subd. 16a. new text end
new text begin Notice of intent to practice. new text end
new text begin
"Notice of intent to practice" means
a document sent to the board by a licensed physician assistant that documents the
adoption of a physician-physician assistant delegation agreement and provides the names,
addresses, and information required by section 147A.20.
new text end
Subd. 17.
Physician.
"Physician" means a person currently licensed in good
standing as a physician or osteopath under chapter 147.
new text begin Subd. 17a. new text end
new text begin
Physician-physician assistant delegation agreement.
new text end
new text begin
"Physician-physician assistant delegation agreement" means the document prepared and
signed by the physician and physician assistant affirming the supervisory relationship and
defining the physician assistant scope of practice. Alternate supervising physicians must be
identified on the delegation agreement or a supplemental listing with signed attestation that
each shall accept full medical responsibility for the performance, practice, and activities of
the physician assistant while under the supervision of the alternate supervising physician.
The physician-physician assistant delegation agreement outlines the role of the physician
assistant in the practice, describes the means of supervision, and specifies the categories of
drugs, controlled substances, and medical devices that the supervising physician delegates
to the physician assistant to prescribe. The physician-physician assistant delegation
agreement must comply with the requirements of section 147A.20, be kept on file at the
address of record, and be made available to the board or its representative upon request.
new text end
Subd. 18.
Physician assistant or deleted text begin registereddeleted text end new text begin licensednew text end physician assistant.
"Physician assistant" or "deleted text begin registereddeleted text end new text begin licensednew text end physician assistant" means a person deleted text begin registereddeleted text end new text begin
licensednew text end pursuant to this chapter who deleted text begin is qualified by academic or practical training or
both to provide patient services as specified in this chapter, under the supervision of a
supervising physiciandeleted text end new text begin meets the qualifications in section 147A.02new text end .
deleted text begin Subd. 19. deleted text end
deleted text begin Practice setting description. deleted text end
deleted text begin
"Practice setting description" means a
signed record submitted to the board on forms provided by the board, on which:
deleted text end
deleted text begin
(1) the supervising physician assumes full medical responsibility for the medical
care rendered by a physician assistant;
deleted text end
deleted text begin
(2) is recorded the address and phone number of record of each supervising
physician and alternate, and the physicians' medical license numbers and DEA number;
deleted text end
deleted text begin
(3) is recorded the address and phone number of record of the physician assistant
and the physician assistant's registration number and DEA number;
deleted text end
deleted text begin
(4) is recorded whether the physician assistant has been delegated prescribing,
administering, and dispensing authority;
deleted text end
deleted text begin
(5) is recorded the practice setting, address or addresses and phone number or
numbers of the physician assistant; and
deleted text end
deleted text begin
(6) is recorded a statement of the type, amount, and frequency of supervision.
deleted text end
Subd. 20.
Prescribe.
"Prescribe" means to direct, order, or designate by means of a
prescription the preparation, use of, or manner of using a drug or medical device.
Subd. 21.
Prescription.
"Prescription" means a signed written order, deleted text begin ordeleted text end an oral
order reduced to writing,new text begin or an electronic order meeting current and prevailing standardsnew text end
given by a physician assistant authorized to prescribe drugs for patients in the course
of the physician assistant's practice, issued for an individual patient and containing the
information required in the new text begin physician-physician assistant new text end delegation deleted text begin formdeleted text end new text begin agreementnew text end .
deleted text begin Subd. 22. deleted text end
deleted text begin Registration. deleted text end
deleted text begin
"Registration" is the process by which the board determines
that an applicant has been found to meet the standards and qualifications found in this
chapter.
deleted text end
Subd. 23.
Supervising physician.
"Supervising physician" means a Minnesota
licensed physician who accepts full medical responsibility for the performance, practice,
and activities of a physician assistant under an agreement as described in section 147A.20.
new text begin The supervising physician who completes and signs the delegation agreement may be
referred to as the primary supervising physician. new text end A supervising physician shall not
supervise more than deleted text begin twodeleted text end new text begin fivenew text end full-time equivalent physician assistants simultaneously.
new text begin With the approval of the board, or in a disaster or emergency situation pursuant to section
147A.23, a supervising physician may supervise more than five full-time equivalent
physician assistants simultaneously.
new text end
Subd. 24.
Supervision.
"Supervision" means overseeing the activities of, and
accepting responsibility for, the medical services rendered by a physician assistant. The
constant physical presence of the supervising physician is not required so long as the
supervising physician and physician assistant are or can be easily in contact with one
another by radio, telephone, or other telecommunication device. The scope and nature of
the supervision shall be defined by the individual physician-physician assistantnew text begin delegationnew text end
agreement.
Subd. 25.
Temporary deleted text begin registrationdeleted text end new text begin licensenew text end .
deleted text begin
"Temporary registration" means the
status of a person who has satisfied the education requirement specified in this chapter;
is enrolled in the next examination required in this chapter; or is awaiting examination
results; has a physician-physician assistant agreement in force as required by this chapter,
and has submitted a practice setting description to the board. Such provisional registration
shall expire 90 days after completion of the next examination sequence, or after one year,
whichever is sooner, for those enrolled in the next examination; and upon receipt of the
examination results for those awaiting examination results. The registration shall be
granted by the board or its designee.
deleted text end
new text begin
"Temporary license" means a license granted to a
physician assistant who meets all of the qualifications for licensure but has not yet been
approved for licensure at a meeting of the board.
new text end
Subd. 26.
Therapeutic order.
"Therapeutic order" means an order given to another
for the purpose of treating or curing a patient in the course of a physician assistant's
practice. Therapeutic orders may be written or verbal, but do not include the prescribing
of legend drugs or medical devices unless prescribing authority has been delegated within
the physician-physician assistant new text begin delegation new text end agreement.
Subd. 27.
Verbal order.
"Verbal order" means an oral order given to another for
the purpose of treating or curing a patient in the course of a physician assistant's practice.
Verbal orders do not include the prescribing of legend drugs unless prescribing authority
has been delegated within the physician-physician assistant new text begin delegation new text end agreement.
Sec. 9.
Minnesota Statutes 2008, section 147A.02, is amended to read:
147A.02 QUALIFICATIONS FOR deleted text begin REGISTRATIONdeleted text end new text begin LICENSUREnew text end .
Except as otherwise provided in this chapter, an individual shall be deleted text begin registereddeleted text end new text begin
licensednew text end by the board before the individual may practice as a physician assistant.
The board may grant deleted text begin registrationdeleted text end new text begin a licensenew text end as a physician assistant to an applicant
who:
(1) submits an application on forms approved by the board;
(2) pays the appropriate fee as determined by the board;
(3) has current certification from the National Commission on Certification of
Physician Assistants, or its successor agency as approved by the board;
(4) certifies that the applicant is mentally and physically able to engage safely in
practice as a physician assistant;
(5) has no licensure, certification, or registration as a physician assistant under
current discipline, revocation, suspension, or probation for cause resulting from the
applicant's practice as a physician assistant, unless the board considers the condition
and agrees to licensure;
(6) submits any other information the board deems necessary to evaluate the
applicant's qualifications; and
(7) has been approved by the board.
All persons registered as physician assistants as of June 30, 1995, are eligible for
continuing deleted text begin registrationdeleted text end new text begin license new text end renewal. All persons applying for deleted text begin registrationdeleted text end new text begin licensurenew text end
after that date shall be deleted text begin registereddeleted text end new text begin licensednew text end according to this chapter.
Sec. 10.
Minnesota Statutes 2008, section 147A.03, is amended to read:
147A.03 PROTECTED TITLES AND RESTRICTIONS ON USE.
Subdivision 1.
Protected titles.
No individual may use the titles "Minnesota
deleted text begin Registereddeleted text end new text begin Licensednew text end Physician Assistant," "deleted text begin Registereddeleted text end new text begin Licensednew text end Physician Assistant,"
"Physician Assistant," or "PA" in connection with the individual's name, or any other
words, letters, abbreviations, or insignia indicating or implying that the individual is
deleted text begin registered withdeleted text end new text begin licensed bynew text end the state unless they have been deleted text begin registereddeleted text end new text begin licensednew text end according
to this chapter.
Subd. 2.
Health care practitioners.
Individuals practicing in a health care
occupation are not restricted in the provision of services included in this chapter as long as
they do not hold themselves out as physician assistants by or through the titles provided in
subdivision 1 in association with provision of these services.
deleted text begin Subd. 3. deleted text end
deleted text begin Identification of registered practitioners. deleted text end
deleted text begin
Physician assistants in
Minnesota shall wear name tags which identify them as physician assistants.
deleted text end
Subd. 4.
Sanctions.
Individuals who hold themselves out as physician assistants by
or through any of the titles provided in subdivision 1 without prior deleted text begin registrationdeleted text end new text begin licensurenew text end
shall be subject to sanctions or actions against continuing the activity according to section
214.11, or other authority.
Sec. 11.
Minnesota Statutes 2008, section 147A.04, is amended to read:
147A.04 TEMPORARY deleted text begin PERMITdeleted text end new text begin LICENSEnew text end .
The board may issue a temporary deleted text begin permitdeleted text end new text begin licensenew text end to practice to a physician assistant
eligible for deleted text begin registrationdeleted text end new text begin licensurenew text end under this chapter only if the application for deleted text begin registrationdeleted text end new text begin
licensurenew text end is complete, all requirements have been met, and a nonrefundable fee set by
the board has been paid. The deleted text begin permitdeleted text end new text begin temporary licensenew text end remains valid only until the
new text begin next new text end meeting of the board at which a decision is made on the application for deleted text begin registrationdeleted text end new text begin
licensurenew text end .
Sec. 12.
Minnesota Statutes 2008, section 147A.05, is amended to read:
147A.05 INACTIVE deleted text begin REGISTRATIONdeleted text end new text begin LICENSEnew text end .
Physician assistants who notify the board in writing deleted text begin on forms prescribed by the board
deleted text end may elect to place their deleted text begin registrationsdeleted text end new text begin licensenew text end on an inactive status. Physician assistants
with an inactive deleted text begin registrationdeleted text end new text begin licensenew text end shall be excused from payment of renewal fees and
shall not practice as physician assistants. Persons who engage in practice while their
deleted text begin registrations aredeleted text end new text begin license isnew text end lapsed or on inactive status shall be considered to be practicing
without deleted text begin registrationdeleted text end new text begin a licensenew text end , which shall be grounds for discipline under section 147A.13.
new text begin Physician assistants who provide care under the provisions of section 147A.23 shall not
be considered practicing without a license or subject to disciplinary action. new text end Physician
assistants deleted text begin requesting restoration from inactive statusdeleted text end new text begin who notify the board of their intent to
resume active practicenew text end shall be required to pay the current renewal fees and all unpaid back
fees and shall be required to meet the criteria for renewal specified in section 147A.07.
Sec. 13.
Minnesota Statutes 2008, section 147A.06, is amended to read:
147A.06 CANCELLATION OF deleted text begin REGISTRATIONdeleted text end new text begin LICENSEnew text end FOR
NONRENEWAL.
The board shall not renew, reissue, reinstate, or restore a deleted text begin registrationdeleted text end new text begin licensenew text end that
has lapsed on or after July 1, 1996, and has not been renewed within two annual renewal
cycles starting July 1, 1997. A deleted text begin registrantdeleted text end new text begin licenseenew text end whose deleted text begin registrationdeleted text end new text begin licensenew text end is canceled
for nonrenewal must obtain a new deleted text begin registrationdeleted text end new text begin licensenew text end by applying for deleted text begin registrationdeleted text end new text begin
licensurenew text end and fulfilling all requirements then in existence for an initial deleted text begin registrationdeleted text end new text begin licensenew text end
to practice as a physician assistant.
Sec. 14.
Minnesota Statutes 2008, section 147A.07, is amended to read:
147A.07 RENEWAL.
A person who holds a deleted text begin registrationdeleted text end new text begin licensenew text end as a physician assistant shallnew text begin annuallynew text end ,
upon notification from the board, renew the deleted text begin registrationdeleted text end new text begin licensenew text end by:
(1) submitting the appropriate fee as determined by the board;
(2) completing the appropriate forms;new text begin and
new text end
(3) meeting any other requirements of the boarddeleted text begin ;
deleted text end
deleted text begin (4) submitting a revised and updated practice setting description showing evidence
of annual review of the physician-physician assistant supervisory agreementdeleted text end .
Sec. 15.
Minnesota Statutes 2008, section 147A.08, is amended to read:
147A.08 EXEMPTIONS.
(a) This chapter does not apply to, control, prevent, or restrict the practice, service,
or activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons
regulated under section 214.01, subdivision 2, or persons defined in section 144.1501,
subdivision 1, paragraphs (f), (h), and (i).
(b) Nothing in this chapter shall be construed to require deleted text begin registrationdeleted text end new text begin licensurenew text end of:
(1) a physician assistant student enrolled in a physician assistant deleted text begin or surgeon assistant
deleted text end educational program accredited by the deleted text begin Committee on Allied Health Education and
deleted text end Accreditationnew text begin Review Commission on Education for the Physician Assistantnew text end or by its
successor agency approved by the board;
(2) a physician assistant employed in the service of the federal government while
performing duties incident to that employment; or
(3) technicians, other assistants, or employees of physicians who perform delegated
tasks in the office of a physician but who do not identify themselves as a physician
assistant.
Sec. 16.
Minnesota Statutes 2008, section 147A.09, is amended to read:
147A.09 SCOPE OF PRACTICE, DELEGATION.
Subdivision 1.
Scope of practice.
Physician assistants shall practice medicine
only with physician supervision. Physician assistants may perform those duties and
responsibilities as delegated in the physician-physician assistantnew text begin delegationnew text end agreement
and delegation forms maintained at the address of record by the supervising physician
and physician assistant, including the prescribing, administering, and dispensing ofnew text begin drugs,
controlled substances, andnew text end medical devices deleted text begin and drugsdeleted text end , excluding anesthetics, other than
local anesthetics, injected in connection with an operating room procedure, inhaled
anesthesia and spinal anesthesia.
Patient service must be limited to:
(1) services within the training and experience of the physician assistant;
(2) services customary to the practice of the supervising physiciannew text begin or alternate
supervising physiciannew text end ;
(3) services delegated by the supervising physiciannew text begin or alternate supervising physician
under the physician-physician assistant delegation agreementnew text end ; and
(4) services within the parameters of the laws, rules, and standards of the facilities
in which the physician assistant practices.
Nothing in this chapter authorizes physician assistants to perform duties regulated
by the boards listed in section 214.01, subdivision 2, other than the Board of Medical
Practice, and except as provided in this section.
Subd. 2.
Delegation.
Patient services may include, but are not limited to, the
following, as delegated by the supervising physician and authorized in thenew text begin delegationnew text end
agreement:
(1) taking patient histories and developing medical status reports;
(2) performing physical examinations;
(3) interpreting and evaluating patient data;
(4) ordering or performing diagnostic procedures, including deleted text begin radiographydeleted text end new text begin the use of
radiographic imaging systems in compliance with Minnesota Rules 2007, chapter 4732new text end ;
(5) ordering or performing therapeutic proceduresnew text begin including the use of ionizing
radiation in compliance with Minnesota Rules 2007, chapter 4732new text end ;
(6) providing instructions regarding patient care, disease prevention, and health
promotion;
(7) assisting the supervising physician in patient care in the home and in health
care facilities;
(8) creating and maintaining appropriate patient records;
(9) transmitting or executing specific orders at the direction of the supervising
physician;
(10) prescribing, administering, and dispensing deleted text begin legenddeleted text end drugsnew text begin , controlled substances,new text end
and medical devices if this function has been delegated by the supervising physician
pursuant to and subject to the limitations of section 147A.18 and chapter 151. new text begin For
new text end physician assistants who have been delegated the authority to prescribe controlled
substances deleted text begin shall maintain a separate addendum to the delegation form which lists all
schedules and categoriesdeleted text end new text begin such delegation shall be included in the physician-physician
assistant delegation agreement, and all schedulesnew text end of controlled substances deleted text begin whichdeleted text end the
physician assistant has the authority to prescribedeleted text begin . This addendum shall be maintained with
the physician-physician assistant agreement, and the delegation form at the address of
recorddeleted text end new text begin shall be specifiednew text end ;
(11) for physician assistants not delegated prescribing authority, administering
legend drugs and medical devices following prospective review for each patient by and
upon direction of the supervising physician;
(12) functioning as an emergency medical technician with permission of the
ambulance service and in compliance with section 144E.127, and ambulance service rules
adopted by the commissioner of health;
(13) initiating evaluation and treatment procedures essential to providing an
appropriate response to emergency situations; deleted text begin and
deleted text end
(14) certifying a deleted text begin physical disabilitydeleted text end new text begin patient's eligibility for a disability parking
certificatenew text end under section 169.345, subdivision deleted text begin 2adeleted text end new text begin 2;
new text end
new text begin
(15) assisting at surgery; and
new text end
new text begin (16) providing medical authorization for admission for emergency care and
treatment of a patient under section 253B.05, subdivision 2new text end .
Orders of physician assistants shall be considered the orders of their supervising
physicians in all practice-related activities, including, but not limited to, the ordering of
diagnostic, therapeutic, and other medical services.
Sec. 17.
Minnesota Statutes 2008, section 147A.11, is amended to read:
147A.11 EXCLUSIONS OF LIMITATIONS ON EMPLOYMENT.
Nothing in this chapter shall be construed to limit the employment arrangement of a
physician assistant deleted text begin registereddeleted text end new text begin licensednew text end under this chapter.
Sec. 18.
Minnesota Statutes 2008, section 147A.13, is amended to read:
147A.13 GROUNDS FOR DISCIPLINARY ACTION.
Subdivision 1.
Grounds listed.
The board may refuse to grant deleted text begin registrationdeleted text end new text begin licensurenew text end
or may impose disciplinary action as described in this subdivision against any physician
assistant. The following conduct is prohibited and is grounds for disciplinary action:
(1) failure to demonstrate the qualifications or satisfy the requirements for
deleted text begin registrationdeleted text end new text begin licensurenew text end contained in this chapter or rules of the board. The burden of proof
shall be upon the applicant to demonstrate such qualifications or satisfaction of such
requirements;
(2) obtaining deleted text begin registrationdeleted text end new text begin a licensenew text end by fraud or cheating, or attempting to subvert
the examination process. Conduct which subverts or attempts to subvert the examination
process includes, but is not limited to:
(i) conduct which violates the security of the examination materials, such as
removing examination materials from the examination room or having unauthorized
possession of any portion of a future, current, or previously administered licensing
examination;
(ii) conduct which violates the standard of test administration, such as
communicating with another examinee during administration of the examination, copying
another examinee's answers, permitting another examinee to copy one's answers, or
possessing unauthorized materials; and
(iii) impersonating an examinee or permitting an impersonator to take the
examination on one's own behalf;
(3) conviction, during the previous five years, of a felony reasonably related to the
practice of physician assistant. Conviction as used in this subdivision includes a conviction
of an offense which if committed in this state would be deemed a felony without regard to
its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is
made or returned but the adjudication of guilt is either withheld or not entered;
(4) revocation, suspension, restriction, limitation, or other disciplinary action against
the person's physician assistant credentials in another state or jurisdiction, failure to
report to the board that charges regarding the person's credentials have been brought in
another state or jurisdiction, or having been refused deleted text begin registrationdeleted text end new text begin licensurenew text end by any other
state or jurisdiction;
(5) advertising which is false or misleading, violates any rule of the board, or claims
without substantiation the positive cure of any disease or professional superiority to or
greater skill than that possessed by another physician assistant;
(6) violating a rule adopted by the board or an order of the board, a state, or federal
law which relates to the practice of a physician assistant, or in part regulates the practice
of a physician assistant, including without limitation sections 148A.02, 609.344, and
609.345, or a state or federal narcotics or controlled substance law;
(7) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
the public, or demonstrating a willful or careless disregard for the health, welfare, or
safety of a patient; or practice which is professionally incompetent, in that it may create
unnecessary danger to any patient's life, health, or safety, in any of which cases, proof
of actual injury need not be established;
(8) failure to adhere to the provisions of the physician-physician assistantnew text begin delegationnew text end
agreement;
(9) engaging in the practice of medicine beyond that allowed by the
physician-physician assistant new text begin delegation new text end agreement, deleted text begin including the delegation form or
the addendum to the delegation form,deleted text end or aiding or abetting an unlicensed person in the
practice of medicine;
(10) adjudication as mentally incompetent, mentally ill or developmentally disabled,
or as a chemically dependent person, a person dangerous to the public, a sexually
dangerous person, or a person who has a sexual psychopathic personality by a court of
competent jurisdiction, within or without this state. Such adjudication shall automatically
suspend a deleted text begin registrationdeleted text end new text begin licensenew text end for its duration unless the board orders otherwise;
(11) engaging in unprofessional conduct. Unprofessional conduct includes any
departure from or the failure to conform to the minimal standards of acceptable and
prevailing practice in which proceeding actual injury to a patient need not be established;
(12) inability to practice with reasonable skill and safety to patients by reason of
illness, drunkenness, use of drugs, narcotics, chemicals, or any other type of material, or
as a result of any mental or physical condition, including deterioration through the aging
process or loss of motor skills;
(13) revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law;
(14) any deleted text begin use ofdeleted text end new text begin identification of a physician assistant bynew text end the title "Physician,"
"Doctor," or "Dr."new text begin in a patient care setting or in a communication directed to the general
publicnew text end ;
(15) improper management of medical records, including failure to maintain
adequate medical records, to comply with a patient's request made pursuant to sections
144.291 to 144.298, or to furnish a medical record or report required by law;
(16) engaging in abusive or fraudulent billing practices, including violations of the
federal Medicare and Medicaid laws or state medical assistance laws;
(17) becoming addicted or habituated to a drug or intoxicant;
(18) prescribing a drug or device for other than medically accepted therapeutic,
experimental, or investigative purposes authorized by a state or federal agency or referring
a patient to any health care provider as defined in sections 144.291 to 144.298 for services
or tests not medically indicated at the time of referral;
(19) engaging in conduct with a patient which is sexual or may reasonably be
interpreted by the patient as sexual, or in any verbal behavior which is seductive or
sexually demeaning to a patient;
(20) failure to make reports as required by section 147A.14 or to cooperate with an
investigation of the board as required by section 147A.15, subdivision 3;
(21) knowingly providing false or misleading information that is directly related
to the care of that patient unless done for an accepted therapeutic purpose such as the
administration of a placebo;
(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;
(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or
(iv) a finding by the board that the person violated section 609.215, subdivision 1 or
2. The board shall investigate any complaint of a violation of section 609.215, subdivision
1 or 2; or
(23) failure to maintain annually reviewed and updated physician-physician
assistantnew text begin delegationnew text end agreementsdeleted text begin , internal protocols, or prescribing delegation formsdeleted text end for
each physician-physician assistant practice relationship, or failure to provide copies of
such documents upon request by the board.
Subd. 2.
Effective dates, automatic suspension.
A suspension, revocation,
condition, limitation, qualification, or restriction of a deleted text begin registrationdeleted text end new text begin licensenew text end shall be in effect
pending determination of an appeal unless the court, upon petition and for good cause
shown, orders otherwise.
A physician assistant deleted text begin registrationdeleted text end new text begin licensenew text end is automatically suspended if:
(1) a guardian of a deleted text begin registrantdeleted text end new text begin licenseenew text end is appointed by order of a court pursuant to
sections 524.5-101 to 524.5-502, for reasons other than the minority of the deleted text begin registrantdeleted text end new text begin
licenseenew text end ; or
(2) the deleted text begin registrantdeleted text end new text begin licenseenew text end is committed by order of a court pursuant to chapter
253B. The deleted text begin registrationdeleted text end new text begin licensenew text end remains suspended until the deleted text begin registrantdeleted text end new text begin licenseenew text end is restored
to capacity by a court and, upon petition by the deleted text begin registrantdeleted text end new text begin licenseenew text end , the suspension is
terminated by the board after a hearing.
Subd. 3.
Conditions on reissued deleted text begin registrationdeleted text end new text begin licensenew text end .
In its discretion, the board
may restore and reissue a physician assistant deleted text begin registrationdeleted text end new text begin licensenew text end , but may impose as a
condition any disciplinary or corrective measure which it might originally have imposed.
Subd. 4.
Temporary suspension of deleted text begin registrationdeleted text end new text begin licensenew text end .
In addition to any other
remedy provided by law, the board may, without a hearing, temporarily suspend the
deleted text begin registrationdeleted text end new text begin licensenew text end of a physician assistant if the board finds that the physician assistant has
violated a statute or rule which the board is empowered to enforce and continued practice
by the physician assistant would create a serious risk of harm to the public. The suspension
shall take effect upon written notice to the physician assistant, specifying the statute or
rule violated. The suspension shall remain in effect until the board issues a final order
in the matter after a hearing. At the time it issues the suspension notice, the board shall
schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
The physician assistant shall be provided with at least 20 days' notice of any hearing
held pursuant to this subdivision. The hearing shall be scheduled to begin no later than 30
days after the issuance of the suspension order.
Subd. 5.
Evidence.
In disciplinary actions alleging a violation of subdivision
1, clause (3) or (4), a copy of the judgment or proceeding under the seal of the court
administrator or of the administrative agency which entered it shall be admissible into
evidence without further authentication and shall constitute prima facie evidence of the
contents thereof.
Subd. 6.
Mental examination; access to medical data.
(a) If the board has
probable cause to believe that a physician assistant comes under subdivision 1, clause
(1), it may direct the physician assistant to submit to a mental or physical examination.
For the purpose of this subdivision, every physician assistant deleted text begin registereddeleted text end new text begin licensednew text end under
this chapter is deemed to have consented to submit to a mental or physical examination
when directed in writing by the board and further to have waived all objections to the
admissibility of the examining physicians' testimony or examination reports on the ground
that the same constitute a privileged communication. Failure of a physician assistant to
submit to an examination when directed constitutes an admission of the allegations against
the physician assistant, unless the failure was due to circumstance beyond the physician
assistant's control, in which case a default and final order may be entered without the
taking of testimony or presentation of evidence. A physician assistant affected under this
subdivision shall at reasonable intervals be given an opportunity to demonstrate that
the physician assistant can resume competent practice with reasonable skill and safety
to patients. In any proceeding under this subdivision, neither the record of proceedings
nor the orders entered by the board shall be used against a physician assistant in any
other proceeding.
(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding sections 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a deleted text begin registrantdeleted text end new text begin licenseenew text end or
applicant without the deleted text begin registrant'sdeleted text end new text begin licensee'snew text end or applicant's consent if the board has probable
cause to believe that a physician assistant comes under subdivision 1, clause (1).
The medical data may be requested from a provider, as defined in section 144.291,
subdivision 2, paragraph (h), an insurance company, or a government agency, including
the Department of Human Services. A provider, insurance company, or government
agency shall comply with any written request of the board under this subdivision and is not
liable in any action for damages for releasing the data requested by the board if the data
are released pursuant to a written request under this subdivision, unless the information
is false and the provider giving the information knew, or had reason to believe, the
information was false. Information obtained under this subdivision is classified as private
under chapter 13.
Subd. 7.
Tax clearance certificate.
(a) In addition to the provisions of subdivision
1, the board may not issue or renew a deleted text begin registrationdeleted text end new text begin licensenew text end if the commissioner of revenue
notifies the board and the deleted text begin registrantdeleted text end new text begin licenseenew text end or applicant for deleted text begin registrationdeleted text end new text begin licensurenew text end that the
deleted text begin registrantdeleted text end new text begin licenseenew text end or applicant owes the state delinquent taxes in the amount of $500 or
more. The board may issue or renew the deleted text begin registrationdeleted text end new text begin licensenew text end only if:
(1) the commissioner of revenue issues a tax clearance certificate; and
(2) the commissioner of revenue, the deleted text begin registrantdeleted text end new text begin licenseenew text end , or the applicant forwards a
copy of the clearance to the board.
The commissioner of revenue may issue a clearance certificate only if the deleted text begin registrantdeleted text end new text begin
licenseenew text end or applicant does not owe the state any uncontested delinquent taxes.
(b) For purposes of this subdivision, the following terms have the meanings given:
(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties
and interest due on those taxes, and
(2) "Delinquent taxes" do not include a tax liability if:
(i) an administrative or court action that contests the amount or validity of the
liability has been filed or served;
(ii) the appeal period to contest the tax liability has not expired; or
(iii) the licensee or applicant has entered into a payment agreement to pay the
liability and is current with the payments.
(c) When a deleted text begin registrantdeleted text end new text begin licenseenew text end or applicant is required to obtain a clearance certificate
under this subdivision, a contested case hearing must be held if the deleted text begin registrantdeleted text end new text begin licenseenew text end or
applicant requests a hearing in writing to the commissioner of revenue within 30 days of
the date of the notice provided in paragraph (a). The hearing must be held within 45 days
of the date the commissioner of revenue refers the case to the Office of Administrative
Hearings. Notwithstanding any law to the contrary, the licensee or applicant must be
served with 20 days' notice in writing specifying the time and place of the hearing and
the allegations against the registrant or applicant. The notice may be served personally or
by mail.
(d) The board shall require all deleted text begin registrantsdeleted text end new text begin licenseesnew text end or applicants to provide their
Social Security number and Minnesota business identification number on all deleted text begin registrationdeleted text end new text begin
licensenew text end applications. Upon request of the commissioner of revenue, the board must
provide to the commissioner of revenue a list of all deleted text begin registrantsdeleted text end new text begin licenseesnew text end and applicants,
including their names and addresses, Social Security numbers, and business identification
numbers. The commissioner of revenue may request a list of the deleted text begin registrantsdeleted text end new text begin licenseesnew text end and
applicants no more than once each calendar year.
new text begin Subd. 8. new text end
new text begin Limitation. new text end
new text begin
No board proceeding against a licensee shall be instituted
unless commenced within seven years from the date of commission of some portion of the
offense except for alleged violations of subdivision 1, paragraph (19), or subdivision 7.
new text end
Sec. 19.
Minnesota Statutes 2008, section 147A.16, is amended to read:
147A.16 FORMS OF DISCIPLINARY ACTION.
When the board finds that a deleted text begin registereddeleted text end new text begin licensednew text end physician assistant has violated a
provision of this chapter, it may do one or more of the following:
(1) revoke the deleted text begin registrationdeleted text end new text begin licensenew text end ;
(2) suspend the deleted text begin registrationdeleted text end new text begin licensenew text end ;
(3) impose limitations or conditions on the physician assistant's practice, including
limiting the scope of practice to designated field specialties; impose retraining or
rehabilitation requirements; require practice under additional supervision; or condition
continued practice on demonstration of knowledge or skills by appropriate examination
or other review of skill and competence;
(4) impose a civil penalty not exceeding $10,000 for each separate violation, the
amount of the civil penalty to be fixed so as to deprive the physician assistant of any
economic advantage gained by reason of the violation charged or to reimburse the board
for the cost of the investigation and proceeding;
(5) order the physician assistant to provide unremunerated professional service
under supervision at a designated public hospital, clinic, or other health care institution; or
(6) censure or reprimand the deleted text begin registereddeleted text end new text begin licensednew text end physician assistant.
Upon judicial review of any board disciplinary action taken under this chapter, the
reviewing court shall seal the administrative record, except for the board's final decision,
and shall not make the administrative record available to the public.
Sec. 20.
Minnesota Statutes 2008, section 147A.18, is amended to read:
147A.18 DELEGATED AUTHORITY TO PRESCRIBE, DISPENSE, AND
ADMINISTER DRUGS AND MEDICAL DEVICES.
Subdivision 1.
Delegation.
(a) A supervising physician may delegate to a
physician assistant who is deleted text begin registered withdeleted text end new text begin licensed bynew text end the board, certified by the National
Commission on Certification of Physician Assistants or successor agency approved by the
board, and who is under the supervising physician's supervision, the authority to prescribe,
dispense, and administer legend drugs, deleted text begin medical devices, anddeleted text end controlled substancesnew text begin , and
medical devicesnew text end subject to the requirements in this section. The authority to dispense
includes, but is not limited to, the authority to request, receive, and dispense sample drugs.
This authority to dispense extends only to those drugs described in the written agreement
developed under paragraph (b).
(b) The new text begin delegation new text end agreement between the physician assistant and supervising
physician deleted text begin and any alternate supervising physiciansdeleted text end must include a statement by the
supervising physician regarding delegation or nondelegation of the functions of
prescribing, dispensing, and administering deleted text begin ofdeleted text end legend drugsnew text begin , controlled substances, new text end and
medical devices to the physician assistant. The statement must include deleted text begin a protocol
indicatingdeleted text end categories of drugs for which the supervising physician delegates prescriptive
and dispensing authoritynew text begin including controlled substances when applicablenew text end . The delegation
must be appropriate to the physician assistant's practice and within the scope of the
physician assistant's training. Physician assistants who have been delegated the authority
to prescribe, dispense, and administer legend drugsnew text begin , controlled substances,new text end and medical
devices shall provide evidence of current certification by the National Commission
on Certification of Physician Assistants or its successor agency when deleted text begin registering or
reregisteringdeleted text end new text begin applying for licensure or license renewalnew text end as physician assistants. Physician
assistants who have been delegated the authority to prescribe controlled substances must
deleted text begin present evidence of the certification anddeleted text end new text begin alsonew text end hold a valid DEA deleted text begin certificatedeleted text end new text begin registrationnew text end .
Supervising physicians shall retrospectively review the prescribing, dispensing, and
administering of legend deleted text begin and controlleddeleted text end drugsnew text begin , controlled substances,new text end and medical devices
by physician assistants, when this authority has been delegated to the physician assistant as
part of the new text begin physician-physician assistant new text end delegation agreement deleted text begin between the physician and
the physician assistant. This review must take place as outlined in the internal protocoldeleted text end .
The process and schedule for the review must be outlined in thenew text begin physician-physician
assistantnew text end delegation agreement.
(c) The board may establish by rule:
(1) a system of identifying physician assistants eligible to prescribe, administer, and
dispense legend drugs and medical devices;
(2) a system of identifying physician assistants eligible to prescribe, administer, and
dispense controlled substances;
(3) a method of determining the categories of legend deleted text begin and controlleddeleted text end drugsnew text begin , controlled
substances,new text end and medical devices that each physician assistant is allowed to prescribe,
administer, and dispense; and
(4) a system of transmitting to pharmacies a listing of physician assistants eligible to
prescribe legend deleted text begin and controlleddeleted text end drugsnew text begin , controlled substances,new text end and medical devices.
Subd. 2.
Termination and reinstatement of prescribing authority.
deleted text begin (a)deleted text end The
authority of a physician assistant to prescribe, dispense, and administer legend drugsnew text begin ,
controlled substances,new text end and medical devices shall end immediately when:
(1) the new text begin physician-physician assistant delegation new text end agreement is terminated;
(2) the authority to prescribe, dispense, and administer is terminated or withdrawn
by the supervising physician; deleted text begin or
deleted text end
(3) the physician deleted text begin assistant reverts todeleted text end new text begin assistant's license is placed onnew text end inactive statusdeleted text begin ,
loses National Commission on Certification of Physician Assistants or successor agency
certification, or loses or terminates registration statusdeleted text end new text begin ;
new text end
new text begin
(4) the physician assistant loses National Commission on Certification of Physician
Assistants or successor agency certification; or
new text end
new text begin (5) the physician assistant loses or terminates licensure statusnew text end .
deleted text begin
(b) The physician assistant must notify the board in writing within ten days of the
occurrence of any of the circumstances listed in paragraph (a).
deleted text end
deleted text begin
(c) Physician assistants whose authority to prescribe, dispense, and administer
has been terminated shall reapply for reinstatement of prescribing authority under this
section and meet any requirements established by the board prior to reinstatement of the
prescribing, dispensing, and administering authority.
deleted text end
Subd. 3.
Other requirements and restrictions.
deleted text begin
(a) The supervising physician and
the physician assistant must complete, sign, and date an internal protocol which lists each
category of drug or medical device, or controlled substance the physician assistant may
prescribe, dispense, and administer. The supervising physician and physician assistant
shall submit the internal protocol to the board upon request. The supervising physician
may amend the internal protocol as necessary, within the limits of the completed delegation
form in subdivision 5. The supervising physician and physician assistant must sign and
date any amendments to the internal protocol. Any amendments resulting in a change to
an addition or deletion to categories delegated in the delegation form in subdivision 5 must
be submitted to the board according to this chapter, along with the fee required.
deleted text end
deleted text begin
(b) The supervising physician and physician assistant shall review delegation of
prescribing, dispensing, and administering authority on an annual basis at the time of
reregistration. The internal protocol must be signed and dated by the supervising physician
and physician assistant after review. Any amendments to the internal protocol resulting in
changes to the delegation form in subdivision 5 must be submitted to the board according
to this chapter, along with the fee required.
deleted text end
deleted text begin (c)deleted text end new text begin (a) new text end Each prescription initiated by a physician assistant shall indicate the
following:
(1) the date of issue;
(2) the name and address of the patient;
(3) the name and quantity of the drug prescribed;
(4) directions for use; and
(5) the name and address of the prescribing physician assistant.
deleted text begin (d)deleted text end new text begin (b)new text end In prescribing, dispensing, and administering legend drugsnew text begin , controlled
substances,new text end and medical devicesdeleted text begin , including controlled substances as defined in section
deleted text end deleted text begin 152.01, subdivision 4deleted text end deleted text begin ,deleted text end a physician assistant must conform with the agreement, chapter
151, and this chapter.
deleted text begin Subd. 4. deleted text end
deleted text begin Notification of pharmacies. deleted text end
deleted text begin
(a) The board shall annually provide to the
Board of Pharmacy and to registered pharmacies within the state a list of those physician
assistants who are authorized to prescribe, administer, and dispense legend drugs and
medical devices, or controlled substances.
deleted text end
deleted text begin
(b) The board shall provide to the Board of Pharmacy a list of physician assistants
authorized to prescribe legend drugs and medical devices every two months if additional
physician assistants are authorized to prescribe or if physician assistants have authorization
to prescribe withdrawn.
deleted text end
deleted text begin
(c) The list must include the name, address, telephone number, and Minnesota
registration number of the physician assistant, and the name, address, telephone number,
and Minnesota license number of the supervising physician.
deleted text end
deleted text begin
(d) The board shall provide the form in subdivision 5 to pharmacies upon request.
deleted text end
deleted text begin
(e) The board shall make available prototype forms of the physician-physician
assistant agreement, the internal protocol, the delegation form, and the addendum form.
deleted text end
deleted text begin Subd. 5. deleted text end
deleted text begin Delegation form for physician assistant prescribing. deleted text end
deleted text begin
The delegation
form for physician assistant prescribing must contain a listing by drug category of the
legend drugs and controlled substances for which prescribing authority has been delegated
to the physician assistant.
deleted text end
Sec. 21.
Minnesota Statutes 2008, section 147A.19, is amended to read:
147A.19 IDENTIFICATION REQUIREMENTS.
Physician assistants deleted text begin registereddeleted text end new text begin licensednew text end under this chapter shall keep their
deleted text begin registrationdeleted text end new text begin licensenew text end available for inspection at their primary place of business and shall,
when engaged in their professional activities, wear a name tag identifying themselves as
a "physician assistant."
Sec. 22.
Minnesota Statutes 2008, section 147A.20, is amended to read:
147A.20 deleted text begin PHYSICIAN AND PHYSICIANdeleted text end new text begin PHYSICIAN-PHYSICIANnew text end
ASSISTANT AGREEMENTnew text begin DOCUMENTSnew text end .
new text begin Subdivision 1. new text end
new text begin Physician-physician assistant delegation agreement. new text end
(a) A
physician assistant and supervising physician must sign deleted text begin andeleted text end new text begin a physician-physician assistant
delegationnew text end agreement which specifies scope of practice deleted text begin and amountdeleted text end and manner of
supervision as required by the board. The agreement must contain:
(1) a description of the practice setting;
(2) deleted text begin a statement of practice type/specialty;
deleted text end
deleted text begin (3)deleted text end a listing of categories of delegated duties;
deleted text begin (4)deleted text end new text begin (3)new text end a description of supervision typedeleted text begin , amount, and frequencydeleted text end ; and
deleted text begin (5)deleted text end new text begin (4)new text end a description of the process and schedule for review of prescribing,
dispensing, and administering legend and controlled drugs and medical devices by the
physician assistant authorized to prescribe.
(b) The agreement must be maintained by the supervising physician and physician
assistant and made available to the board upon request. If there is a delegation of
prescribing, administering, and dispensing of legend drugs, controlled substances, and
medical devices, the agreement shall include deleted text begin an internal protocol and delegation formdeleted text end new text begin a
description of the prescriptive authority delegated to the physician assistantnew text end . Physician
assistants shall have a separate agreement for each place of employment. Agreements
must be reviewed and updated on an annual basis. The supervising physician and
physician assistant must maintain thenew text begin physician-physician assistant delegationnew text end agreementdeleted text begin ,
delegation form, and internal protocoldeleted text end at the address of record. deleted text begin Copies shall be provided to
the board upon request.
deleted text end
(c) Physician assistants must provide written notification to the board within 30
days of the following:
(1) name change;
(2) address of record change;new text begin and
new text end
(3) telephone number of record changedeleted text begin ; and
deleted text end
deleted text begin (4) addition or deletion of alternate supervising physician provided that the
information submitted includes, for an additional alternate physician, an affidavit of
consent to act as an alternate supervising physician signed by the alternate supervising
physiciandeleted text end .
deleted text begin
(d) Modifications requiring submission prior to the effective date are changes to the
practice setting description which include:
deleted text end
deleted text begin
(1) supervising physician change, excluding alternate supervising physicians; or
deleted text end
deleted text begin
(2) delegation of prescribing, administering, or dispensing of legend drugs,
controlled substances, or medical devices.
deleted text end
deleted text begin
(e) The agreement must be completed and the practice setting description submitted
to the board before providing medical care as a physician assistant.
deleted text end
new text begin
(d) Any alternate supervising physicians must be identified in the physician-physician
assistant delegation agreement, or a supplemental listing, and must sign the agreement
attesting that they shall provide the physician assistant with supervision in compliance
with this chapter, the delegation agreement, and board rules.
new text end
new text begin Subd. 2. new text end
new text begin Notification of intent to practice. new text end
new text begin
A licensed physician assistant shall
submit a notification of intent to practice to the board prior to beginning practice. The
notification shall include the name, business address, and telephone number of the
supervising physician and the physician assistant. Individuals who practice without
submitting a notification of intent to practice shall be subject to disciplinary action under
section 147A.13 for practicing without a license, unless the care is provided in response to
a disaster or emergency situation pursuant to section 147A.23.
new text end
Sec. 23.
Minnesota Statutes 2008, section 147A.21, is amended to read:
147A.21 RULEMAKING AUTHORITY.
The board shall adopt rules:
(1) setting deleted text begin registrationdeleted text end new text begin licensenew text end fees;
(2) setting renewal fees;
(3) deleted text begin setting fees for locum tenens permits;
deleted text end
deleted text begin (4)deleted text end setting fees for temporary deleted text begin registrationdeleted text end new text begin licensesnew text end ; and
deleted text begin (5)deleted text end new text begin (4)new text end establishing renewal dates.
Sec. 24.
Minnesota Statutes 2008, section 147A.23, is amended to read:
147A.23 RESPONDING TO DISASTER SITUATIONS.
(a) A deleted text begin registered physician assistant or adeleted text end physician assistant duly licensed or
credentialed in a United States jurisdictionnew text begin or by a federal employernew text end who is responding
to a need for medical care created by new text begin an emergency according to section 604A.01, or new text end a
state or local disaster may render such care as the physician assistant is deleted text begin abledeleted text end new text begin trainednew text end to
provide, under the physician assistant's licensedeleted text begin , registration,deleted text end or credential, without the
need of a deleted text begin physician and physiciandeleted text end new text begin physician-physiciannew text end assistantnew text begin delegationnew text end agreementnew text begin or
a notice of intent to practicenew text end as required under section 147A.20. deleted text begin Physician supervision,
as required under section 147A.09, must be provided under the direction of a physician
licensed under chapter 147 who is involved with the disaster response. The physician
assistant must establish a temporary supervisory agreement with the physician providing
supervision before rendering care.deleted text end new text begin A physician assistant may provide emergency care
without physician supervision or under the supervision that is available.new text end
(b) The physician who provides supervision to a physician assistant while the
physician assistant is rendering care deleted text begin in a disasterdeleted text end in accordance with this section may do
so without meeting the requirements of section 147A.20.
(c) The supervising physician who otherwise provides supervision to a physician
assistant under a deleted text begin physician and physiciandeleted text end new text begin physician-physiciannew text end assistantnew text begin delegationnew text end
agreement described in section 147A.20 shall not be held medically responsible for the
care rendered by a physician assistant pursuant to paragraph (a). Services provided by
a physician assistant under paragraph (a) shall be considered outside the scope of the
relationship between the supervising physician and the physician assistant.
Sec. 25.
Minnesota Statutes 2008, section 147A.24, is amended to read:
147A.24 CONTINUING EDUCATION REQUIREMENTS.
Subdivision 1.
Amount of education required.
Applicants for deleted text begin registrationdeleted text end new text begin licensenew text end
renewal deleted text begin or reregistrationdeleted text end must either deleted text begin attest to and documentdeleted text end new text begin meet standards for continuing
education through current certification by the National Commission on Certification
of Physician Assistants, or its successor agency as approved by the board, or provide
evidence ofnew text end successful completion of at least 50 contact hours of continuing education
within the two years immediately preceding deleted text begin registrationdeleted text end new text begin licensenew text end renewaldeleted text begin , reregistration,
or attest to and document taking the national certifying examination required by this
chapter within the past two yearsdeleted text end .
Subd. 2.
Type of education required.
deleted text begin Approveddeleted text end Continuing education is approved
if it is equivalent to category 1 credit hours as defined by the American Osteopathic
Association Bureau of Professional Education, the Royal College of Physicians and
Surgeons of Canada, the American Academy of Physician Assistants, or by organizations
that have reciprocal arrangements with the physician recognition award program of the
American Medical Association.
Sec. 26.
Minnesota Statutes 2008, section 147A.26, is amended to read:
147A.26 PROCEDURES.
The board shall establish, in writing, internal operating procedures for receiving and
investigating complaints, accepting and processing applications, granting deleted text begin registrationsdeleted text end new text begin
licensesnew text end , and imposing enforcement actions. The written internal operating procedures
may include procedures for sharing complaint information with government agencies in
this and other states. Procedures for sharing complaint information must be consistent
with the requirements for handling government data under chapter 13.
Sec. 27.
Minnesota Statutes 2008, section 147A.27, is amended to read:
147A.27 PHYSICIAN ASSISTANT ADVISORY COUNCIL.
Subdivision 1.
Membership.
(a) The Physician Assistant Advisory Council is
created and is composed of seven persons appointed by the board. The seven persons
must include:
(1) two public members, as defined in section 214.02;
(2) three physician assistants deleted text begin registereddeleted text end new text begin licensednew text end under this chapternew text begin who meet the
criteria for a new applicant under section 147A.02new text end ; and
(3) two licensed physicians with experience supervising physician assistants.
(b) No member shall serve more than deleted text begin a total ofdeleted text end twonew text begin consecutive new text end terms. If a member
is appointed for a partial term and serves more than half of that term it shall be considered
a full term. deleted text begin Members serving on the council as of July 1, 2000, shall be allowed to
complete their current terms.
deleted text end
Subd. 3.
Duties.
The council shall advise the board regarding:
(1) physician assistant deleted text begin registrationdeleted text end new text begin licensurenew text end standards;
(2) enforcement of grounds for discipline;
(3) distribution of information regarding physician assistant deleted text begin registrationdeleted text end new text begin licensurenew text end
standards;
(4) applications and recommendations of applicants for deleted text begin registrationdeleted text end new text begin licensurenew text end or
deleted text begin registrationdeleted text end new text begin licensenew text end renewal; deleted text begin and
deleted text end
(5) complaints and recommendations to the board regarding disciplinary matters and
proceedings concerning applicants and deleted text begin registrantsdeleted text end new text begin licenseesnew text end according to sections 214.10;
214.103; and 214.13, subdivisions 6 and 7new text begin ; and
new text end
new text begin (6) issues related to physician assistant practice and regulationnew text end .
The council shall perform other duties authorized for the council by chapter 214
as directed by the board.
Sec. 28.
Minnesota Statutes 2008, section 150A.01, subdivision 8, is amended to read:
Subd. 8.
deleted text begin Registereddeleted text end new text begin Licensednew text end dental assistant.
"deleted text begin Registereddeleted text end new text begin Licensednew text end dental
assistant" means a person deleted text begin registereddeleted text end new text begin licensednew text end pursuant to section 150A.06.
Sec. 29.
Minnesota Statutes 2008, section 150A.02, subdivision 1, is amended to read:
Subdivision 1.
Generally.
There is hereby created a Board of Dentistry whose duty
it shall be to carry out the purposes and enforce the provisions of sections 150A.01 to
150A.12. The board shall consist of two public members as defined by section 214.02,
five qualified resident dentists, one qualified resident deleted text begin registereddeleted text end new text begin licensednew text end dental assistant,
and one qualified resident dental hygienist appointed by the governor. Membership terms,
compensation of members, removal of members, the filling of membership vacancies, and
fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09.
The provision of staff, administrative services and office space; the review and processing
of board complaints; the setting of board fees; and other provisions relating to board
operations shall be as provided in chapter 214. Each board member who is a dentist,
deleted text begin registereddeleted text end new text begin licensednew text end dental assistant, or dental hygienist shall have been lawfully in active
practice in this state for five years immediately preceding appointment; and no board
member shall be eligible for appointment to more than two consecutive four-year terms,
and members serving on the board at the time of the enactment hereof shall be eligible
to reappointment provided they shall not have served more than nine consecutive years
at the expiration of the term to which they are to be appointed. At least 90 days prior to
the expiration of the terms of dentists, deleted text begin registereddeleted text end new text begin licensednew text end dental assistants, or dental
hygienists, the Minnesota Dental Association, Minnesota Dental Assistants Association,
or the Minnesota State Dental Hygiene Association shall recommend to the governor for
each term expiring not less than two dentists, two deleted text begin registereddeleted text end new text begin licensednew text end dental assistants,
or two dental hygienists, respectively, who are qualified to serve on the board, and from
the list so recommended the governor may appoint members to the board for the term of
four years, the appointments to be made within 30 days after the expiration of the terms.
Within 60 days after the occurrence of a dentist, deleted text begin registereddeleted text end new text begin licensednew text end dental assistant or
dental hygienist vacancy, prior to the expiration of the term, in the board, the Minnesota
Dental Association, the Minnesota Dental Assistants Association, or the Minnesota State
Dental Hygiene Association shall recommend to the governor not less than two dentists,
two deleted text begin registereddeleted text end new text begin licensednew text end dental assistants, or two dental hygienists, who are qualified to
serve on the board and from the list so recommended the governor, within 30 days after
receiving such list of dentists, may appoint one member to the board for the unexpired
term occasioned by such vacancy. Any appointment to fill a vacancy shall be made
within 90 days after the occurrence of such vacancy. The first four-year term of the
dental hygienist and of the deleted text begin registereddeleted text end new text begin licensednew text end dental assistant shall commence on the
first Monday in January, 1977.
Sec. 30.
Minnesota Statutes 2008, section 150A.05, subdivision 1, is amended to read:
Subdivision 1.
Practice of dentistry.
A person shall be deemed to be practicing
dentistry within the meaning of sections 150A.01 to 150A.12:
(1) who uses a dental degree, or designation, or card, device, directory, sign, or other
media whereby the person represents an ability to diagnose, treat, prescribe, or operate for
any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth,
teeth, alveolar process, gums or jaw, or adjacent or associated structures;
(2) who is a manager, proprietor, operator or conductor of a place where dental
operations are performed;
(3) who performs dental operations of any kind gratuitously, or for a fee, gift,
compensation or reward, paid or to be paid, to any person or agency;
(4) who uses a roentgen or X-ray machine for dental treatment, roentgenograms or
for dental diagnostic purposes;
(5) who extracts a human tooth or teeth, or corrects or attempts to correct
malpositions of the human teeth or jaws;
(6) who offers and undertakes, by any means or method, to diagnose, treat or remove
stains or accretions from human teeth or jaws;
(7) who takes impressions of the human tooth, teeth, or jaws or performs any phase
of any operation incident to the replacement of a part of a tooth, a tooth, teeth or associated
tissues by means of a filling, a crown, a bridge, a denture or other appliance;
(8) who furnishes, supplies, constructs, reproduces, repairs, or offers to furnish,
supply, construct, reproduce or repair prosthetic dentures or plates, bridges or other
substitutes for natural teeth, to the user or prospective user thereof; deleted text begin or
deleted text end
(9) who performs any clinical operation included in the curricula of recognized
dental schools and collegesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(10) who dispenses tooth whitening agents or undertakes to whiten or bleach teeth
by any means or method, unless the person is:
new text end
new text begin
(i) dispensing or using a product that may be purchased over the counter for a
person's own use; or
new text end
new text begin
(ii) authorized by the regulations of the board to engage in such activities without
being a licensed dentist.
new text end
Sec. 31.
Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
Subd. 2.
Exemptions and exceptions of certain practices and operations.
Sections 150A.01 to 150A.12 do not apply to:
(1) the practice of dentistry or dental hygiene in any branch of the armed services of
the United States, the United States Public Health Service, or the United States Veterans
Administration;
(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate
dental students, dental hygiene students, and dental assisting students of the University
of Minnesota, schools of dental hygiene, or schools of dental assisting approved by the
board, when acting under the deleted text begin direction anddeleted text end new text begin indirectnew text end supervision of a new text begin Minnesota new text end licensed
dentist deleted text begin or adeleted text end new text begin and under the instruction of a licensed dentist,new text end licensed dental hygienist deleted text begin acting
as an instructordeleted text end new text begin , or licensed dental assistantnew text end ;
(3) the practice of dentistry by licensed dentists of other states or countries while
appearing as clinicians under the auspices of a duly approved dental school or college, or a
reputable dental society, or a reputable dental study club composed of dentists;
(4) the actions of persons while they are taking examinations for licensure
deleted text begin or registrationdeleted text end administered or approved by the board pursuant to sections 150A.03,
subdivision 1, and 150A.06, subdivisions 1, 2, and 2a;
(5) the practice of dentistry by dentists and dental hygienists licensed by other states
during their functioning as examiners responsible for conducting licensure deleted text begin or registrationdeleted text end
examinations administered by regional and national testing agencies with whom the
board is authorized to affiliate and participate under section 150A.03, subdivision 1,
and the practice of dentistry by the regional and national testing agencies during their
administering examinations pursuant to section 150A.03, subdivision 1;
(6) the use of X-rays or other diagnostic imaging modalities for making radiographs
or other similar records in a hospital under the supervision of a physician or dentist or
by a person who is credentialed to use diagnostic imaging modalities or X-ray machines
for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing
agency other than the Board of Dentistry; or
(7) the service, other than service performed directly upon the person of a patient, of
constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
splint, orthodontic, prosthetic, or other dental appliance, when performed according
to a written work order from a licensed dentist in accordance with section 150A.10,
subdivision 3.
Sec. 32.
Minnesota Statutes 2008, section 150A.06, subdivision 2a, is amended to read:
Subd. 2a.
deleted text begin Registereddeleted text end new text begin Licensednew text end dental assistant.
A person of good moral character,
who has graduated from a dental assisting program accredited by the Commission on
Dental Accreditation of the American Dental Association, may apply for deleted text begin registrationdeleted text end new text begin
licensurenew text end . The applicant must submit an application and fee as prescribed by the board
and the diploma or certificate of dental assisting. In the case of examinations conducted
pursuant to section 150A.03, subdivision 1, applicants shall take the examination before
applying to the board for deleted text begin registrationdeleted text end new text begin licensurenew text end . The examination shall include an
examination of the applicant's knowledge of the laws of Minnesota relating to dentistry
and the rules of the board. An applicant is ineligible to retake the deleted text begin registrationdeleted text end new text begin licensurenew text end
examination required by the board after failing it twice until further education and training
are obtained as specified by board rule. A separate, nonrefundable fee may be charged for
each time a person applies. An applicant who passes the examination in compliance with
subdivision 2b, abides by professional ethical conduct requirements, and meets all the
other requirements of the board shall be deleted text begin registereddeleted text end new text begin licensednew text end as a dental assistant.
Sec. 33.
Minnesota Statutes 2008, section 150A.06, subdivision 2b, is amended to read:
Subd. 2b.
Examination.
When the Board of Dentistry administers the examination
for licensure deleted text begin or registrationdeleted text end , only those board members or board-appointed deputy
examiners qualified for the particular examination may administer it. An examination
which the board requires as a condition of licensure deleted text begin or registrationdeleted text end must have been taken
within the five years before the board receives the application for licensure deleted text begin or registrationdeleted text end .
Sec. 34.
Minnesota Statutes 2008, section 150A.06, subdivision 2c, is amended to read:
Subd. 2c.
Guest license deleted text begin or registrationdeleted text end .
(a) The board shall grant a guest license to
practice as a dentist deleted text begin ordeleted text end new text begin ,new text end dental hygienistnew text begin ,new text end or deleted text begin a guest registration to practice as adeleted text end new text begin licensed
new text end dental assistant if the following conditions are met:
(1) the dentist, dental hygienist, or dental assistant is currently licensed deleted text begin or registereddeleted text end
in good standing in North Dakota, South Dakota, Iowa, or Wisconsin;
(2) the dentist, dental hygienist, or dental assistant is currently engaged in the practice
of that person's respective profession in North Dakota, South Dakota, Iowa, or Wisconsin;
(3) the dentist, dental hygienist, or dental assistant will limit that person's practice to
a public health setting in Minnesota that (i) is approved by the board; (ii) was established
by a nonprofit organization that is tax exempt under chapter 501(c)(3) of the Internal
Revenue Code of 1986; and (iii) provides dental care to patients who have difficulty
accessing dental care;
(4) the dentist, dental hygienist, or dental assistant agrees to treat indigent patients
who meet the eligibility criteria established by the clinic; and
(5) the dentist, dental hygienist, or dental assistant has applied to the board for a
guest license deleted text begin or registrationdeleted text end and has paid a nonrefundable license fee to the board not
to exceed $75.
(b) A guest license deleted text begin or registrationdeleted text end must be renewed annually with the board and an
annual renewal fee not to exceed $75 must be paid to the board.
(c) A dentist, dental hygienist, or dental assistant practicing under a guest license
deleted text begin or registrationdeleted text end under this subdivision shall have the same obligations as a dentist, dental
hygienist, or dental assistant who is licensed in Minnesota and shall be subject to the laws
and rules of Minnesota and the regulatory authority of the board. If the board suspends
or revokes the guest license deleted text begin or registrationdeleted text end of, or otherwise disciplines, a dentist, dental
hygienist, or dental assistant practicing under this subdivision, the board shall promptly
report such disciplinary action to the dentist's, dental hygienist's, or dental assistant's
regulatory board in the border state.
Sec. 35.
Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
Subd. 2d.
Continuing education and professional development waiver.
(a) The
board shall grant a waiver to the continuing education requirements under this chapter
for a licensed dentist, licensed dental hygienist, or deleted text begin registereddeleted text end new text begin licensednew text end dental assistant
who documents to the satisfaction of the board that the dentist, dental hygienist, or
deleted text begin registereddeleted text end new text begin licensednew text end dental assistant has retired from active practice in the state and limits
the provision of dental care services to those offered without compensation in a public
health, community, or tribal clinic or a nonprofit organization that provides services to
the indigent or to recipients of medical assistance, general assistance medical care, or
MinnesotaCare programs.
(b) The board may require written documentation from the volunteer and retired
dentist, dental hygienist, or deleted text begin registereddeleted text end new text begin licensednew text end dental assistant prior to granting this waiver.
(c) The board shall require the volunteer and retired dentist, dental hygienist, or
deleted text begin registereddeleted text end new text begin licensednew text end dental assistant to meet the following requirements:
(1) a licensee deleted text begin or registrantdeleted text end seeking a waiver under this subdivision must complete
and document at least five hours of approved courses in infection control, medical
emergencies, and medical management for the continuing education cycle; and
(2) provide documentation of deleted text begin certification in advanced or basic cardiac life
support recognized bydeleted text end new text begin current CPR certification from completion of new text end the American Heart
Associationnew text begin healthcare provider coursenew text end , the American Red Crossnew text begin professional rescuer
coursenew text end , or an equivalent entity.
Sec. 36.
Minnesota Statutes 2008, section 150A.06, subdivision 4a, is amended to read:
Subd. 4a.
Appeal of denial of application.
A person whose application for
licensure deleted text begin or registrationdeleted text end by credentials has been denied may appeal the decision to the
board. The board shall establish an appeals process and inform a denied candidate of the
right to appeal and the process for filing the appeal.
Sec. 37.
Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
Subd. 5.
Fraud in securing licenses deleted text begin or registrationsdeleted text end .
Every person implicated
in employing fraud or deception in applying for or securing a license deleted text begin or registrationdeleted text end to
practice dentistry, dental hygiene, or dental assisting or in annually renewing a license
deleted text begin or registrationdeleted text end under sections 150A.01 to 150A.12 is guilty of a gross misdemeanor.
Sec. 38.
Minnesota Statutes 2008, section 150A.06, subdivision 7, is amended to read:
Subd. 7.
Additional remedies for licensure deleted text begin and registrationdeleted text end .
On a case-by-case
basis, for initial or renewal of licensure deleted text begin or registrationdeleted text end , the board may add additional
remedies for deficiencies found based on the applicant's performance, character, and
education.
Sec. 39.
Minnesota Statutes 2008, section 150A.06, subdivision 8, is amended to read:
Subd. 8.
deleted text begin Registrationdeleted text end new text begin Licensurenew text end by credentials.
(a) Any dental assistant may, upon
application and payment of a fee established by the board, apply for deleted text begin registrationdeleted text end new text begin licensurenew text end
based on an evaluation of the applicant's education, experience, and performance record in
lieu of completing a board-approved dental assisting program for expanded functions as
defined in rule, and may be interviewed by the board to determine if the applicant:
(1) has graduated from an accredited dental assisting program accredited by the
Commission of Dental Accreditation of the American Dental Association, or is currently
certified by the Dental Assisting National Board;
(2) is not subject to any pending or final disciplinary action in another state or
Canadian province, or if not currently certified or registered, previously had a certification
or registration in another state or Canadian province in good standing that was not subject
to any final or pending disciplinary action at the time of surrender;
(3) is of good moral character and abides by professional ethical conduct
requirements;
(4) at board discretion, has passed a board-approved English proficiency test if
English is not the applicant's primary language; and
(5) has met all expanded functions curriculum equivalency requirements of a
Minnesota board-approved dental assisting program.
(b) The board, at its discretion, may waive specific deleted text begin registrationdeleted text end new text begin licensurenew text end
requirements in paragraph (a).
(c) An applicant who fulfills the conditions of this subdivision and demonstrates
the minimum knowledge in dental subjects required for deleted text begin registrationdeleted text end new text begin licensurenew text end under
subdivision 2a must be deleted text begin registereddeleted text end new text begin licensednew text end to practice the applicant's profession.
(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for deleted text begin registrationdeleted text end new text begin licensurenew text end under subdivision 2a, the application must be denied.
If deleted text begin registrationdeleted text end new text begin licensurenew text end is denied, the board may notify the applicant of any specific
remedy that the applicant could take which, when passed, would qualify the applicant
for deleted text begin registrationdeleted text end new text begin licensurenew text end . A denial does not prohibit the applicant from applying for
deleted text begin registrationdeleted text end new text begin licensurenew text end under subdivision 2a.
(e) A candidate whose application has been denied may appeal the decision to the
board according to subdivision 4a.
Sec. 40.
Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:
Subdivision 1.
Grounds.
The board may refuse or by order suspend or revoke, limit
or modify by imposing conditions it deems necessary, any license to practice dentistry
deleted text begin ordeleted text end new text begin ,new text end dental hygienenew text begin ,new text end or deleted text begin the registration of anydeleted text end dental deleted text begin assistantdeleted text end new text begin assistingnew text end upon any of the
following grounds:
(1) fraud or deception in connection with the practice of dentistry or the securing of
a license deleted text begin or registrationdeleted text end certificate;
(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
contest plea, in any court of a felony or gross misdemeanor reasonably related to the
practice of dentistry as evidenced by a certified copy of the conviction;
(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a
no contest plea, in any court of an offense involving moral turpitude as evidenced by a
certified copy of the conviction;
(4) habitual overindulgence in the use of intoxicating liquors;
(5) improper or unauthorized prescription, dispensing, administering, or personal
or other use of any legend drug as defined in chapter 151, of any chemical as defined in
chapter 151, or of any controlled substance as defined in chapter 152;
(6) conduct unbecoming a person licensed to practice dentistry deleted text begin ordeleted text end new text begin ,new text end dental hygienenew text begin ,new text end
or deleted text begin registered as adeleted text end dental deleted text begin assistantdeleted text end new text begin assistingnew text end , or conduct contrary to the best interest of the
public, as such conduct is defined by the rules of the board;
(7) gross immorality;
(8) any physical, mental, emotional, or other disability which adversely affects a
dentist's, dental hygienist's, or deleted text begin registereddeleted text end dental assistant's ability to perform the service
for which the person is licensed deleted text begin or registereddeleted text end ;
(9) revocation or suspension of a licensedeleted text begin , registration,deleted text end or equivalent authority to
practice, or other disciplinary action or denial of a license deleted text begin or registrationdeleted text end application taken
by a licensingdeleted text begin , registering,deleted text end or credentialing authority of another state, territory, or country
as evidenced by a certified copy of the licensing authority's order, if the disciplinary action
or application denial was based on facts that would provide a basis for disciplinary action
under this chapter and if the action was taken only after affording the credentialed person
or applicant notice and opportunity to refute the allegations or pursuant to stipulation
or other agreement;
(10) failure to maintain adequate safety and sanitary conditions for a dental office in
accordance with the standards established by the rules of the board;
(11) employing, assisting, or enabling in any manner an unlicensed person to
practice dentistry;
(12) failure or refusal to attend, testify, and produce records as directed by the board
under subdivision 7;
(13) violation of, or failure to comply with, any other provisions of sections 150A.01
to 150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the
board, sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any
other just cause related to the practice of dentistry. Suspension, revocation, modification
or limitation of any license shall not be based upon any judgment as to therapeutic or
monetary value of any individual drug prescribed or any individual treatment rendered,
but only upon a repeated pattern of conduct;
(14) knowingly providing false or misleading information that is directly related
to the care of that patient unless done for an accepted therapeutic purpose such as the
administration of a placebo; or
(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;
(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or
(iv) a finding by the board that the person violated section 609.215, subdivision
1 or 2. The board shall investigate any complaint of a violation of section 609.215,
subdivision 1 or 2.
Sec. 41.
Minnesota Statutes 2008, section 150A.08, subdivision 3, is amended to read:
Subd. 3.
Reinstatement.
Any licensee deleted text begin or registrantdeleted text end whose license deleted text begin or registrationdeleted text end has
been suspended or revoked may have the license deleted text begin or registrationdeleted text end reinstated or a new license
deleted text begin or registrationdeleted text end issued, as the case may be, when the board deems the action is warranted.
Sec. 42.
Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
Subd. 3a.
Costs; additional penalties.
(a) The board may impose a civil penalty
not exceeding $10,000 for each separate violation, the amount of the civil penalty to
be fixed so as to deprive a licensee deleted text begin or registrantdeleted text end of any economic advantage gained by
reason of the violation, to discourage similar violations by the licensee deleted text begin or registrantdeleted text end or any
other licensee deleted text begin or registrantdeleted text end , or to reimburse the board for the cost of the investigation and
proceeding, including, but not limited to, fees paid for services provided by the Office of
Administrative Hearings, legal and investigative services provided by the Office of the
Attorney General, court reporters, witnesses, reproduction of records, board members'
per diem compensation, board staff time, and travel costs and expenses incurred by board
staff and board members.
(b) In addition to costs and penalties imposed under paragraph (a), the board may
also:
(1) order the dentist, dental hygienist, or dental assistant to provide unremunerated
service;
(2) censure or reprimand the dentist, dental hygienist, or dental assistant; or
(3) any other action as allowed by law and justified by the facts of the case.
Sec. 43.
Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
Subd. 5.
Medical examinations.
If the board has probable cause to believe that a
dentist, dental hygienist, deleted text begin registereddeleted text end dental assistant, or applicant engages in acts described
in subdivision 1, clause (4) or (5), or has a condition described in subdivision 1, clause (8),
it shall direct the dentist, dental hygienist, assistant, or applicant to submit to a mental
or physical examination or a chemical dependency assessment. For the purpose of this
subdivision, every dentist, hygienist, or new text begin dental new text end assistant licensed deleted text begin or registereddeleted text end under
this chapter or person submitting an application for a license deleted text begin or registrationdeleted text end is deemed
to have given consent to submit to a mental or physical examination when directed
in writing by the board and to have waived all objections in any proceeding under this
section to the admissibility of the examining physician's testimony or examination reports
on the ground that they constitute a privileged communication. Failure to submit to an
examination without just cause may result in an application being denied or a default and
final order being entered without the taking of testimony or presentation of evidence,
other than evidence which may be submitted by affidavit, that the licenseedeleted text begin , registrant,deleted text end or
applicant did not submit to the examination. A dentist, dental hygienist, deleted text begin registereddeleted text end dental
assistant, or applicant affected under this section shall at reasonable intervals be afforded
an opportunity to demonstrate ability to start or resume the competent practice of dentistry
or perform the duties of a dental hygienist or deleted text begin registereddeleted text end dental assistant with reasonable
skill and safety to patients. In any proceeding under this subdivision, neither the record of
proceedings nor the orders entered by the board is admissible, is subject to subpoena, or
may be used against the dentist, dental hygienist, deleted text begin registereddeleted text end dental assistant, or applicant in
any proceeding not commenced by the board. Information obtained under this subdivision
shall be classified as private pursuant to the Minnesota Government Data Practices Act.
Sec. 44.
Minnesota Statutes 2008, section 150A.08, subdivision 6, is amended to read:
Subd. 6.
Medical records.
Notwithstanding contrary provisions of sections 13.384
and 144.651 or any other statute limiting access to medical or other health data, the
board may obtain medical data and health records of a licenseedeleted text begin , registrant,deleted text end or applicant
without the licensee'sdeleted text begin , registrant's,deleted text end or applicant's consent if the information is requested
by the board as part of the process specified in subdivision 5. The medical data may be
requested from a provider, as defined in section 144.291, subdivision 2, paragraph (h),
an insurance company, or a government agency, including the Department of Human
Services. A provider, insurance company, or government agency shall comply with
any written request of the board under this subdivision and shall not be liable in any
action for damages for releasing the data requested by the board if the data are released
pursuant to a written request under this subdivision, unless the information is false and
the provider giving the information knew, or had reason to believe, the information was
false. Information obtained under this subdivision shall be classified as private under the
Minnesota Government Data Practices Act.
Sec. 45.
Minnesota Statutes 2008, section 150A.08, subdivision 8, is amended to read:
Subd. 8.
Suspension of license.
In addition to any other remedy provided by
law, the board may, through its designated board members pursuant to section 214.10,
subdivision 2, temporarily suspend a license deleted text begin or registrationdeleted text end without a hearing if the
board finds that the licensee deleted text begin or registrantdeleted text end has violated a statute or rule which the board is
empowered to enforce and continued practice by the licensee deleted text begin or registrantdeleted text end would create an
imminent risk of harm to others. The suspension shall take effect upon written notice to
the licensee deleted text begin or registrantdeleted text end served by first class mail specifying the statute or rule violated,
and the time, date, and place of the hearing before the board. If the notice is returned by
the post office, the notice shall be effective upon reasonable attempts to locate and serve
the licensee deleted text begin or registrantdeleted text end . Within ten days of service of the notice, the board shall hold a
hearing before its own members on the sole issue of whether there is a reasonable basis to
continue, modify, or lift the suspension. Evidence presented by the boarddeleted text begin ,deleted text end new text begin ornew text end licenseedeleted text begin ,
or registrant,deleted text end shall be in affidavit form only. The licensee deleted text begin or registrantdeleted text end or counsel of the
licensee deleted text begin or registrantdeleted text end may appear for oral argument. Within five working days after the
hearing, the board shall issue its order and, if the suspension is continued, the board
shall schedule a disciplinary hearing to be held pursuant to the Administrative Procedure
Act within 45 days of issuance of the order. The administrative law judge shall issue a
report within 30 days of the closing of the contested case hearing record. The board
shall issue a final order within 30 days of receiving that report. The board may allow a
person who was licensed by any state to practice dentistry and whose license has been
suspended to practice dentistry under the supervision of a licensed dentist for the purpose
of demonstrating competence and eligibility for reinstatement.
Sec. 46.
Minnesota Statutes 2008, section 150A.081, is amended to read:
150A.081 ACCESS TO MEDICAL DATA.
Subdivision 1.
Access to data on licensee deleted text begin or registrantdeleted text end .
When the board has
probable cause to believe that a licensee's deleted text begin or registrant'sdeleted text end condition meets a ground listed in
section 150A.08, subdivision 1, clause (4) or (8), it may, notwithstanding sections 13.384,
144.651, or any other law limiting access to medical data, obtain medical or health records
on the licensee deleted text begin or registrantdeleted text end without the licensee's deleted text begin or registrant'sdeleted text end consent. The medical data
may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph
(h), an insurance company, or a government agency. A provider, insurance company, or
government agency shall comply with a written request of the board under this subdivision
and is not liable in any action for damages for releasing the data requested by the board
if the data are released under the written request, unless the information is false and the
entity providing the information knew, or had reason to believe, the information was false.
Subd. 2.
Access to data on patients.
The board has access to medical records of
a patient treated by a licensee deleted text begin or registrantdeleted text end under review if the patient signs a written
consent permitting access. If the patient has not given consent, the licensee deleted text begin or registrantdeleted text end
must delete data from which a patient may be identified before releasing medical records
to the board.
Subd. 3.
Data classification; release of certain health data not required.
Information obtained under this section is classified as private data on individuals under
chapter 13. Under this section, the commissioner of health is not required to release health
data collected and maintained under section 13.3805, subdivision 2.
Sec. 47.
Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
Subdivision 1.
Registration information and procedure.
On or before the license
deleted text begin or registrationdeleted text end certificate expiration date every licensed dentist, dental hygienist, and
deleted text begin registereddeleted text end dental assistant shall transmit to the executive secretary of the board, pertinent
information required by the board, together with the fee established by the board. At least
30 days before a license deleted text begin or registrationdeleted text end certificate expiration date, the board shall send
a written notice stating the amount and due date of the fee and the information to be
provided to every licensed dentist, dental hygienist, and deleted text begin registereddeleted text end dental assistant.
Sec. 48.
Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
Subd. 3.
Current address, change of address.
Every dentist, dental hygienist, and
deleted text begin registereddeleted text end dental assistant shall maintain with the board a correct and current mailing
address. For dentists engaged in the practice of dentistry, the address shall be that of the
location of the primary dental practice. Within 30 days after changing addresses, every
dentist, dental hygienist, and deleted text begin registereddeleted text end dental assistant shall provide the board written
notice of the new address either personally or by first class mail.
Sec. 49.
Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
Subd. 2.
Application fees.
Each applicant deleted text begin for licensure or registrationdeleted text end shall submit
with a license or deleted text begin registrationdeleted text end new text begin permitnew text end application a nonrefundable fee in the following
amounts in order to administratively process an application:
(1) dentist, $140;
(2) limited faculty dentist, $140;
(3) resident dentist, $55;
(4) dental hygienist, $55;
(5) deleted text begin registereddeleted text end new text begin licensednew text end dental assistant, deleted text begin $35deleted text end new text begin $55new text end ; and
(6) dental assistant with a deleted text begin limited registrationdeleted text end new text begin permit as described in Minnesota
Rules, part 3100.8500, subpart 3new text end , $15.
Sec. 50.
Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
Subd. 3.
Initial license or deleted text begin registrationdeleted text end new text begin permitnew text end fees.
Along with the application fee,
each of the following deleted text begin licensees or registrantsdeleted text end new text begin applicantsnew text end shall submit a separate prorated
initial license or deleted text begin registrationdeleted text end new text begin permitnew text end fee. The prorated initial fee shall be established by the
board based on the number of months of the deleted text begin licensee's or registrant'sdeleted text end new text begin applicant'snew text end initial
term as described in Minnesota Rules, part 3100.1700, subpart 1a, not to exceed the
following monthly fee amounts:
(1) dentist, $14 times the number of months of the initial term;
(2) dental hygienist, $5 times the number of months of the initial term;
(3) deleted text begin registereddeleted text end new text begin licensednew text end dental assistant, $3 times the number of months of initial
term; and
(4) dental assistant with a deleted text begin limited registrationdeleted text end new text begin permit as described in Minnesota
Rules, part 3100.8500, subpart 3new text end , $1 times the number of months of the initial term.
Sec. 51.
Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
Subd. 5.
Biennial license or deleted text begin registrationdeleted text end new text begin permitnew text end fees.
Each of the following
deleted text begin licensees or registrantsdeleted text end new text begin applicantsnew text end shall submit with a biennial license or deleted text begin registrationdeleted text end new text begin permitnew text end
renewal application a fee as established by the board, not to exceed the following amounts:
(1) dentist, $336;
(2) dental hygienist, $118;
(3) deleted text begin registereddeleted text end new text begin licensednew text end dental assistant, $80; and
(4) dental assistant with a deleted text begin limited registrationdeleted text end new text begin permit as described in Minnesota
Rules, part 3100.8500, subpart 3new text end , $24.
Sec. 52.
Minnesota Statutes 2008, section 150A.091, subdivision 7, is amended to read:
Subd. 7.
Biennial license or deleted text begin registrationdeleted text end new text begin permitnew text end late fee.
Applications for renewal
of any license or deleted text begin registrationdeleted text end new text begin permitnew text end received after the time specified in Minnesota Rules,
part 3100.1700, must be assessed a late fee equal to 25 percent of the biennial renewal fee.
Sec. 53.
Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
Subd. 8.
Duplicate license or deleted text begin registrationdeleted text end new text begin certificatenew text end fee.
Each deleted text begin licensee or
registrantdeleted text end new text begin applicantnew text end shall submit, with a request for issuance of a duplicate of the original
license deleted text begin or registrationdeleted text end , or of an annual or biennial renewal deleted text begin of itdeleted text end new text begin certificate for a license
or permitnew text end , a fee in the following amounts:
(1) original dentist deleted text begin ordeleted text end new text begin ,new text end dental hygienenew text begin , or dental assistantnew text end license, $35; and
(2) deleted text begin initial and renewal registration certificates and licensedeleted text end new text begin annual or biennialnew text end renewal
certificates, $10.
Sec. 54.
Minnesota Statutes 2008, section 150A.091, subdivision 9, is amended to read:
Subd. 9.
Licensure deleted text begin and registrationdeleted text end by credentials.
Each applicant for licensure
as a dentist deleted text begin ordeleted text end new text begin ,new text end dental hygienistnew text begin ,new text end or deleted text begin for registration as a registereddeleted text end dental assistant by
credentials pursuant to section 150A.06, subdivisions 4 and 8, and Minnesota Rules, part
3100.1400, shall submit with the license deleted text begin or registrationdeleted text end application a fee in the following
amounts:
(1) dentist, $725;
(2) dental hygienist, $175; and
(3) deleted text begin registereddeleted text end dental assistant, $35.
Sec. 55.
Minnesota Statutes 2008, section 150A.091, is amended by adding a
subdivision to read:
new text begin Subd. 9a. new text end
new text begin Credential review; nonaccredited dental institution. new text end
new text begin
Applicants who
have graduated from a nonaccredited dental college desiring licensure as a dentist pursuant
to section 150A.06, subdivision 1, shall submit an application for credential review and an
application fee not to exceed the amount of $200.
new text end
Sec. 56.
Minnesota Statutes 2008, section 150A.091, is amended by adding a
subdivision to read:
new text begin Subd. 9b. new text end
new text begin Limited general license. new text end
new text begin
Each applicant for licensure as a limited general
dentist pursuant to section 150A.06, subdivision 9, shall submit the applicable fees
established by the board not to exceed the following amounts:
new text end
new text begin
(1) initial limited general license application, $140;
new text end
new text begin
(2) annual limited general license renewal application, $155; and
new text end
new text begin
(3) late fee assessment for renewal application equal to 50 percent of the annual
limited general license renewal fee.
new text end
Sec. 57.
Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to
read:
Subd. 10.
Reinstatement fee.
No dentist, dental hygienist, or deleted text begin registereddeleted text end dental
assistant whose license deleted text begin or registrationdeleted text end has been suspended or revoked may have the
license deleted text begin or registrationdeleted text end reinstated or a new license deleted text begin or registrationdeleted text end issued until a fee has been
submitted to the board in the following amounts:
(1) dentist, $140;
(2) dental hygienist, $55; and
(3) deleted text begin registereddeleted text end dental assistant, $35.
Sec. 58.
Minnesota Statutes 2008, section 150A.091, subdivision 11, is amended to
read:
Subd. 11.
Certificate application fee for anesthesia/sedation.
Each dentist
shall submit with a general anesthesia or deleted text begin consciousdeleted text end new text begin moderatenew text end sedation application new text begin or a
contracted sedation provider application new text end a fee as established by the board not to exceed
the following amounts:
(1) for both a general anesthesia and deleted text begin consciousdeleted text end new text begin moderatenew text end sedation application, deleted text begin $50deleted text end new text begin
$250new text end ;
(2) for a general anesthesia application only, deleted text begin $50deleted text end new text begin $250new text end ; deleted text begin and
deleted text end
(3) for a deleted text begin consciousdeleted text end new text begin moderatenew text end sedation application only, deleted text begin $50.deleted text end new text begin $250; and
new text end
new text begin
(4) for a contracted sedation provider application, $250.
new text end
Sec. 59.
Minnesota Statutes 2008, section 150A.091, is amended by adding a
subdivision to read:
new text begin Subd. 11a. new text end
new text begin Certificate for anesthesia/sedation late fee. new text end
new text begin
Applications for renewal
of a general anesthesia or moderate sedation certificate or a contracted sedation provider
certificate received after the time specified in Minnesota Rules, part 3100.3600, subparts
9 and 9b, must be assessed a late fee equal to 50 percent of the biennial renewal fee for
an anesthesia/sedation certificate.
new text end
Sec. 60.
Minnesota Statutes 2008, section 150A.091, is amended by adding a
subdivision to read:
new text begin Subd. 11b. new text end
new text begin Recertification fee for anesthesia/sedation. new text end
new text begin
No dentist whose general
anesthesia or moderate sedation certificate has been terminated by the board or voluntarily
terminated by the dentist may become recertified until a fee has been submitted to the
board not to exceed the amount of $500.
new text end
Sec. 61.
Minnesota Statutes 2008, section 150A.091, subdivision 12, is amended to
read:
Subd. 12.
Duplicate certificate fee for anesthesia/sedation.
Each dentist shall
submit with a request for issuance of a duplicate of the original general anesthesia or
deleted text begin consciousdeleted text end new text begin moderatenew text end sedation certificate new text begin or contracted sedation provider certificate new text end a fee in
the amount of $10.
Sec. 62.
Minnesota Statutes 2008, section 150A.091, subdivision 14, is amended to
read:
Subd. 14.
Affidavit of licensure.
Each licensee deleted text begin or registrantdeleted text end shall submit with a
request for an affidavit of licensure a fee in the amount of $10.
Sec. 63.
Minnesota Statutes 2008, section 150A.091, subdivision 15, is amended to
read:
Subd. 15.
Verification of licensure.
Each institution or corporation shall submit
with a request for verification of a license deleted text begin or registrationdeleted text end a fee in the amount of $5 for
each license deleted text begin or registrationdeleted text end to be verified.
Sec. 64.
Minnesota Statutes 2008, section 150A.10, subdivision 1a, is amended to read:
Subd. 1a.
Limited authorization for dental hygienists.
(a) Notwithstanding
subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
by a health care facility, program, or nonprofit organization to perform dental hygiene
services described under paragraph (b) without the patient first being examined by a
licensed dentist if the dental hygienist:
(1) has been engaged in the active practice of clinical dental hygiene for not less than
2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
200 hours of clinical practice in two of the past three years;
(2) has entered into a collaborative agreement with a licensed dentist that designates
authorization for the services provided by the dental hygienist;
(3) has documented participation in courses in infection control and medical
emergencies within each continuing education cycle; and
(4) maintains current deleted text begin certification in advanced or basic cardiac life support as
recognized by the American Heart Association, the American Red Cross, or another
agency that is equivalent to thedeleted text end new text begin CPR certification from completion of thenew text end American Heart
Association deleted text begin ordeleted text end new text begin healthcare provider course,new text end the American Red Crossnew text begin professional rescuer
course, or an equivalent entitynew text end .
(b) The dental hygiene services authorized to be performed by a dental hygienist
under this subdivision are limited to:
(1) oral health promotion and disease prevention education;
(2) removal of deposits and stains from the surfaces of the teeth;
(3) application of topical preventive or prophylactic agents, including fluoride
varnishes and pit and fissure sealants;
(4) polishing and smoothing restorations;
(5) removal of marginal overhangs;
(6) performance of preliminary charting;
(7) taking of radiographs; and
(8) performance of scaling and root planing.
The dental hygienist may administer injections of local anesthetic agents or nitrous
oxide inhalation analgesia as specifically delegated in the collaborative agreement with
a licensed dentist. The dentist need not first examine the patient or be present. If the
patient is considered medically compromised, the collaborative dentist shall review the
patient record, including the medical history, prior to the provision of these services.
Collaborating dental hygienists may work with deleted text begin unregistereddeleted text end new text begin unlicensednew text end and deleted text begin registereddeleted text end
new text begin licensed new text end dental assistants who may only perform duties for which deleted text begin registrationdeleted text end new text begin licensurenew text end
is not required. The performance of dental hygiene services in a health care facility,
program, or nonprofit organization as authorized under this subdivision is limited to
patients, students, and residents of the facility, program, or organization.
(c) A collaborating dentist must be licensed under this chapter and may enter into
a collaborative agreement with no more than four dental hygienists unless otherwise
authorized by the board. The board shall develop parameters and a process for obtaining
authorization to collaborate with more than four dental hygienists. The collaborative
agreement must include:
(1) consideration for medically compromised patients and medical conditions for
which a dental evaluation and treatment plan must occur prior to the provision of dental
hygiene services;
(2) age- and procedure-specific standard collaborative practice protocols, including
recommended intervals for the performance of dental hygiene services and a period of
time in which an examination by a dentist should occur;
(3) copies of consent to treatment form provided to the patient by the dental
hygienist;
(4) specific protocols for the placement of pit and fissure sealants and requirements
for follow-up care to assure the efficacy of the sealants after application; and
(5) a procedure for creating and maintaining dental records for the patients that are
treated by the dental hygienist. This procedure must specify where these records are
to be located.
The collaborative agreement must be signed and maintained by the dentist, the dental
hygienist, and the facility, program, or organization; must be reviewed annually by the
collaborating dentist and dental hygienist; and must be made available to the board
upon request.
(d) Before performing any services authorized under this subdivision, a dental
hygienist must provide the patient with a consent to treatment form which must include a
statement advising the patient that the dental hygiene services provided are not a substitute
for a dental examination by a licensed dentist. If the dental hygienist makes any referrals
to the patient for further dental procedures, the dental hygienist must fill out a referral form
and provide a copy of the form to the collaborating dentist.
(e) For the purposes of this subdivision, a "health care facility, program, or
nonprofit organization" is limited to a hospital; nursing home; home health agency; group
home serving the elderly, disabled, or juveniles; state-operated facility licensed by the
commissioner of human services or the commissioner of corrections; and federal, state, or
local public health facility, community clinic, tribal clinic, school authority, Head Start
program, or nonprofit organization that serves individuals who are uninsured or who are
Minnesota health care public program recipients.
(f) For purposes of this subdivision, a "collaborative agreement" means a written
agreement with a licensed dentist who authorizes and accepts responsibility for the
services performed by the dental hygienist. The services authorized under this subdivision
and the collaborative agreement may be performed without the presence of a licensed
dentist and may be performed at a location other than the usual place of practice of the
dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless
specified in the collaborative agreement.
Sec. 65.
Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
Subd. 2.
Dental assistants.
Every licensed dentist who uses the services of any
unlicensed person for the purpose of assistance in the practice of dentistry shall be
responsible for the acts of such unlicensed person while engaged in such assistance.
Such dentist shall permit such unlicensed assistant to perform only those acts which are
authorized to be delegated to unlicensed assistants by the Board of Dentistry. Such acts
shall be performed under supervision of a licensed dentist. The board may permit differing
levels of dental assistance based upon recognized educational standards, approved by the
board, for the training of dental assistants. The board may also define by rule the scope of
practice of deleted text begin registereddeleted text end new text begin licensednew text end and deleted text begin nonregistereddeleted text end new text begin unlicensednew text end dental assistants. The board
by rule may require continuing education for differing levels of dental assistants, as a
condition to their deleted text begin registrationdeleted text end new text begin licensenew text end or authority to perform their authorized duties. Any
licensed dentist who shall permit such unlicensed assistant to perform any dental service
other than that authorized by the board shall be deemed to be enabling an unlicensed
person to practice dentistry, and commission of such an act by such unlicensed assistant
shall constitute a violation of sections 150A.01 to 150A.12.
Sec. 66.
Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:
Subd. 4.
Restorative procedures.
(a) Notwithstanding subdivisions 1, 1a, and
2, a licensed dental hygienist or deleted text begin a registereddeleted text end new text begin licensednew text end dental assistant may perform the
following restorative procedures:
(1) place, contour, and adjust amalgam restorations;
(2) place, contour, and adjust glass ionomer;
(3) adapt and cement stainless steel crowns; and
(4) place, contour, and adjust class I and class V supragingival composite restorations
where the margins are entirely within the enamel.
(b) The restorative procedures described in paragraph (a) may be performed only if:
(1) the licensed dental hygienist or deleted text begin the registereddeleted text end new text begin licensednew text end dental assistant has
completed a board-approved course on the specific procedures;
(2) the board-approved course includes a component that sufficiently prepares the
new text begin licensed new text end dental hygienist or deleted text begin registereddeleted text end new text begin licensednew text end dental assistant to adjust the occlusion
on the newly placed restoration;
(3) a licensed dentist has authorized the procedure to be performed; and
(4) a licensed dentist is available in the clinic while the procedure is being performed.
(c) The dental faculty who teaches the educators of the board-approved courses
specified in paragraph (b) must have prior experience teaching these procedures in an
accredited dental education program.
Sec. 67.
Minnesota Statutes 2008, section 150A.12, is amended to read:
150A.12 VIOLATION AND DEFENSES.
Every person who violates any of the provisions of sections 150A.01 to 150A.12
for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor;
and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in
the county jail for not more than one year or by both such fine and imprisonment. In the
prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not be
necessary to allege or prove lack of a valid license to practice dentistry deleted text begin ordeleted text end new text begin ,new text end dental hygienenew text begin ,
or dental assisting,new text end but such matter shall be a matter of defense to be established by the
defendant.
Sec. 68.
Minnesota Statutes 2008, section 150A.13, is amended to read:
150A.13 REPORTING OBLIGATIONS.
Subdivision 1.
Permission to report.
A person who has knowledge of deleted text begin a registrant
ordeleted text end a licensee unable to practice with reasonable skill and safety by reason of illness, use of
alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or
psychological condition may report the deleted text begin registrant ordeleted text end licensee to the board.
Subd. 2.
Institutions.
A hospital, clinic, or other health care institution or
organization located in this state shall report to the board any action taken by the agency,
institution, or organization or any of its administrators or dental or other committees to
revoke, suspend, restrict, or condition a deleted text begin registrant's ordeleted text end licensee's privilege to practice
or treat patients or clients in the institution, or as part of the organization, any denial
of privileges, or any other disciplinary action against a deleted text begin registrant ordeleted text end licensee described
under subdivision 1. The institution or organization shall also report the resignation of
any deleted text begin registrants ordeleted text end licensees prior to the conclusion of any disciplinary action proceeding
against a deleted text begin registrant ordeleted text end licensee described under subdivision 1.
Subd. 3.
Dental societies.
A state or local dental society or professional dental
association shall report to the board any termination, revocation, or suspension of
membership or any other disciplinary action taken against a deleted text begin registrant ordeleted text end licensee. If the
society or association has received a complaint against a deleted text begin registrant ordeleted text end licensee described
under subdivision 1, on which it has not taken any disciplinary action, the society or
association shall report the complaint and the reason why it has not taken action on it or
shall direct the complainant to the board. This subdivision does not apply to a society
or association when it performs peer review functions as an agent of an outside entity,
organization, or system.
Subd. 4.
Licensed professionals.
(a) A licensed deleted text begin or registereddeleted text end health professional
shall report to the board personal knowledge of any conduct by any person who the
licensed deleted text begin or registereddeleted text end health professional reasonably believes is a deleted text begin registrant ordeleted text end licensee
described under subdivision 1.
(b) Notwithstanding paragraph (a), a licensed health professional shall report to the
board knowledge of any actions which institutions must report under subdivision 2.
Subd. 5.
Insurers and other entities making liability payments.
(a) Four times
each year as prescribed by the board, each insurer authorized to sell insurance described in
section 60A.06, subdivision 1, clause (13), and providing professional liability insurance
to deleted text begin registrants ordeleted text end licensees, shall submit to the board a report concerning the deleted text begin registrants anddeleted text end
licensees against whom malpractice settlements or awards have been made to the plaintiff.
The report must contain at least the following information:
(1) the total number of malpractice settlements or awards made;
(2) the date the malpractice settlements or awards were made;
(3) the allegations contained in the claim or complaint leading to the settlements or
awards made;
(4) the dollar amount of each malpractice settlement or award;
(5) the regular address of the practice of the deleted text begin registrant ordeleted text end licensee against whom an
award was made or with whom a settlement was made; and
(6) the name of the deleted text begin registrant ordeleted text end licensee against whom an award was made or
with whom a settlement was made.
(b) A dental clinic, hospital, political subdivision, or other entity which makes
professional liability insurance payments on behalf of deleted text begin registrants ordeleted text end licensees shall submit
to the board a report concerning malpractice settlements or awards paid on behalf of
deleted text begin registrants ordeleted text end licensees, and any settlements or awards paid by a clinic, hospital, political
subdivision, or other entity on its own behalf because of care rendered by deleted text begin registrants ordeleted text end
licensees. This requirement excludes forgiveness of bills. The report shall be made to the
board within 30 days of payment of all or part of any settlement or award.
Subd. 6.
Courts.
The court administrator of district court or any other court of
competent jurisdiction shall report to the board any judgment or other determination
of the court that adjudges or includes a finding that a deleted text begin registrant ordeleted text end licensee is mentally
ill, mentally incompetent, guilty of a felony, guilty of a violation of federal or state
narcotics laws or controlled substances act, or guilty of an abuse or fraud under Medicare
or Medicaid; or that appoints a guardian of the deleted text begin registrant ordeleted text end licensee pursuant to sections
524.5-101 to 524.5-502, or commits a deleted text begin registrant ordeleted text end licensee pursuant to chapter 253B.
Subd. 7.
Self-reporting.
A deleted text begin registrant ordeleted text end licensee shall report to the board any
personal action that would require that a report be filed by any person, health care facility,
business, or organization pursuant to subdivisions 2 to 6.
Subd. 8.
Deadlines; forms.
Reports required by subdivisions 2 to 7 must be
submitted not later than 30 days after the occurrence of the reportable event or transaction.
The board may provide forms for the submission of reports required by this section, may
require that reports be submitted on the forms provided, and may adopt rules necessary
to assure prompt and accurate reporting.
Subd. 9.
Subpoenas.
The board may issue subpoenas for the production of any
reports required by subdivisions 2 to 7 or any related documents.
Sec. 69.
Minnesota Statutes 2008, section 169.345, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) For the purpose of section 168.021 and this section, the
following terms have the meanings given them in this subdivision.
(b) "Health professional" means a licensed physician, deleted text begin registereddeleted text end new text begin licensednew text end physician
assistant, advanced practice registered nurse, or licensed chiropractor.
(c) "Long-term certificate" means a certificate issued for a period greater than 12
months but not greater than 71 months.
(d) "Organization certificate" means a certificate issued to an entity other than a
natural person for a period of three years.
(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the
certificate referred to in subdivision 3, while the application is being processed.
(f) "Physically disabled person" means a person who:
(1) because of disability cannot walk without significant risk of falling;
(2) because of disability cannot walk 200 feet without stopping to rest;
(3) because of disability cannot walk without the aid of another person, a walker, a
cane, crutches, braces, a prosthetic device, or a wheelchair;
(4) is restricted by a respiratory disease to such an extent that the person's forced
(respiratory) expiratory volume for one second, when measured by spirometry, is less
than one liter;
(5) has an arterial oxygen tension (PAO2) of less than 60 mm/Hg on room air at rest;
(6) uses portable oxygen;
(7) has a cardiac condition to the extent that the person's functional limitations are
classified in severity as class III or class IV according to standards set by the American
Heart Association;
(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or
(9) has a disability that would be aggravated by walking 200 feet under normal
environmental conditions to an extent that would be life threatening.
(g) "Short-term certificate" means a certificate issued for a period greater than six
months but not greater than 12 months.
(h) "Six-year certificate" means a certificate issued for a period of six years.
(i) "Temporary certificate" means a certificate issued for a period not greater than
six months.
Sec. 70.
Minnesota Statutes 2008, section 253B.02, subdivision 7, is amended to read:
Subd. 7.
Examiner.
"Examiner" means a person who is knowledgeable, trained, and
practicing in the diagnosis and assessment or in the treatment of the alleged impairment,
and who is:
(1) a licensed physician;
(2) a licensed psychologist who has a doctoral degree in psychology or who became
a licensed consulting psychologist before July 2, 1975; or
(3) an advanced practice registered nurse certified in mental health new text begin or a licensed
physician assistantnew text end , except that only a physician or psychologist meeting these
requirements may be appointed by the court as described by sections 253B.07, subdivision
3; 253B.092, subdivision 8, paragraph (b); 253B.17, subdivision 3; 253B.18, subdivision
2; and 253B.19, subdivisions 1 and 2, and only a physician or psychologist may conduct
an assessment as described by Minnesota Rules of Criminal Procedure, rule 20.
Sec. 71.
Minnesota Statutes 2008, section 253B.05, subdivision 2, is amended to read:
Subd. 2.
Peace or health officer authority.
(a) A peace or health officer may take a
person into custody and transport the person to a licensed physician or treatment facility if
the officer has reason to believe, either through direct observation of the person's behavior,
or upon reliable information of the person's recent behavior and knowledge of the person's
past behavior or psychiatric treatment, that the person is mentally ill or developmentally
disabled and in danger of injuring self or others if not immediately detained. A peace or
health officer or a person working under such officer's supervision, may take a person
who is believed to be chemically dependent or is intoxicated in public into custody and
transport the person to a treatment facility. If the person is intoxicated in public or is
believed to be chemically dependent and is not in danger of causing self-harm or harm to
any person or property, the peace or health officer may transport the person home. The
peace or health officer shall make written application for admission of the person to the
treatment facility. The application shall contain the peace or health officer's statement
specifying the reasons for and circumstances under which the person was taken into
custody. If danger to specific individuals is a basis for the emergency hold, the statement
must include identifying information on those individuals, to the extent practicable. A
copy of the statement shall be made available to the person taken into custody.
(b) As far as is practicable, a peace officer who provides transportation for a person
placed in a facility under this subdivision may not be in uniform and may not use a vehicle
visibly marked as a law enforcement vehicle.
(c) A person may be admitted to a treatment facility for emergency care and
treatment under this subdivision with the consent of the head of the facility under the
following circumstances: (1) a written statement shall only be made by the following
individuals who are knowledgeable, trained, and practicing in the diagnosis and treatment
of mental illness or developmental disability; the medical officer, or the officer's designee
on duty at the facility, including a licensed physician, a deleted text begin registereddeleted text end new text begin licensednew text end physician
assistant, or an advanced practice registered nurse who after preliminary examination has
determined that the person has symptoms of mental illness or developmental disability
and appears to be in danger of harming self or others if not immediately detained; or (2) a
written statement is made by the institution program director or the director's designee
on duty at the facility after preliminary examination that the person has symptoms
of chemical dependency and appears to be in danger of harming self or others if not
immediately detained or is intoxicated in public.
Sec. 72.
Minnesota Statutes 2008, section 256B.0625, subdivision 28a, is amended to
read:
Subd. 28a.
deleted text begin Registereddeleted text end new text begin Licensednew text end physician assistant services.
Medical assistance
covers services performed by a deleted text begin registereddeleted text end new text begin licensednew text end physician assistant if the service is
otherwise covered under this chapter as a physician service and if the service is within the
scope of practice of a deleted text begin registereddeleted text end new text begin licensednew text end physician assistant as defined in section 147A.09.
Sec. 73.
Minnesota Statutes 2008, section 256B.0751, subdivision 1, is amended to
read:
Subdivision 1.
Definitions.
(a) For purposes of sections 256B.0751 to 256B.0753,
the following definitions apply.
(b) "Commissioner" means the commissioner of human services.
(c) "Commissioners" means the commissioner of humans services and the
commissioner of health, acting jointly.
(d) "Health plan company" has the meaning provided in section 62Q.01, subdivision
4.
(e) "Personal clinician" means a physician licensed under chapter 147, a physician
assistant deleted text begin registereddeleted text end new text begin licensednew text end and practicing under chapter 147A, or an advanced practice
nurse licensed and registered to practice under chapter 148.
(f) "State health care program" means the medical assistance, MinnesotaCare, and
general assistance medical care programs.
Sec. 74. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 144.604, subdivision 3; 147A.22; and 150A.09,
subdivision 6,
new text end
new text begin
are repealed.
new text end