SF 141

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

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