SF 1553

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/02/2012 03:57pm

A bill for an act
relating to health; changing provisions for dental licensing; providing for
guest licensing for volunteer services for dentists, dental hygienists, or dental
assistants; making a base adjustment in the state government special revenue
fund in 2015 for Board of Nursing Home Administrators; amending Minnesota
Statutes 2010, sections 150A.06, subdivisions 1c, 2c, 3, 4, 6; 150A.09,
subdivision 3; 150A.105, subdivision 7; 150A.106, subdivision 1; 150A.14;
Laws 2011, First Special Session chapter 9, article 10, section 8, subdivision 8.

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

Section 1.

Minnesota Statutes 2010, section 150A.06, subdivision 1c, is amended to
read:

Subd. 1c.

Specialty dentists.

(a) The board may grant a specialty license in the
specialty areas of dentistry that are recognized by the American Dental Association.

(b) An applicant for a specialty license shall:

(1) have successfully completed a postdoctoral specialty education program
accredited by the Commission on Dental Accreditation of the American Dental
Association, or have announced a limitation of practice before 1967;

(2) have been certified by a specialty examining board approved by the Minnesota
Board of Dentistry, or provide evidence of having passed a clinical examination for
licensure required for practice in any state or Canadian province, or in the case of oral and
maxillofacial surgeons only, have a Minnesota medical license in good standing;

(3) have been in active practice or a postdoctoral specialty education program or
United States government service at least 2,000 hours in the 36 months prior to applying
for a specialty license;

(4) if requested by the board, be interviewed by a committee of the board, which
may include the assistance of specialists in the evaluation process, and satisfactorily
respond to questions designed to determine the applicant's knowledge of dental subjects
and ability to practice;

(5) if requested by the board, present complete records on a sample of patients
treated by the applicant. The sample must be drawn from patients treated by the applicant
during the 36 months preceding the date of application. The number of records shall be
established by the board. The records shall be reasonably representative of the treatment
typically provided by the applicant;

(6) at board discretion, pass a board-approved English proficiency test if English is
not the applicant's primary language;

(7) pass all components of the National deleted text begin Dental deleted text end Board new text begin Dental new text end Examinations;

(8) pass the Minnesota Board of Dentistry jurisprudence examination;

(9) abide by professional ethical conduct requirements; and

(10) meet all other requirements prescribed by the Board of Dentistry.

(c) The application must include:

(1) a completed application furnished by the board;

(2) at least two character references from two different dentists, one of whom must
be a dentist practicing in the same specialty area, and the other the director of the specialty
program attended;

(3) a licensed physician's statement attesting to the applicant's physical and mental
condition;

(4) a statement from a licensed ophthalmologist or optometrist attesting to the
applicant's visual acuity;

(5) a nonrefundable fee; and

(6) a notarized, unmounted passport-type photograph, three inches by three inches,
taken not more than six months before the date of application.

(d) A specialty dentist holding a specialty license is limited to practicing in the
dentist's designated specialty area. The scope of practice must be defined by each national
specialty board recognized by the American Dental Association.

(e) A specialty dentist holding a general dentist license is limited to practicing in the
dentist's designated specialty area if the dentist has announced a limitation of practice.
The scope of practice must be defined by each national specialty board recognized by
the American Dental Association.

(f) All specialty dentists who have fulfilled the specialty dentist requirements and
who intend to limit their practice to a particular specialty area may apply for a specialty
license.

Sec. 2.

Minnesota Statutes 2010, section 150A.06, subdivision 2c, is amended to read:

Subd. 2c.

Guest license.

(a) The board shall grant a guest license to practice as a
dentist, dental hygienist, or licensed dental assistant if the following conditions are met:

(1) the dentist, dental hygienist, or dental assistant is currently licensed in good
standing in deleted text begin North Dakota, South Dakota, Iowa, or Wisconsin deleted text end new text begin another United States
jurisdiction new text end ;

(2) the dentist, dental hygienist, or dental assistant is currently engaged in the
practice of that person's respective profession in deleted text begin North Dakota, South Dakota, Iowa, or
Wisconsin deleted text end new text begin another United States jurisdiction new text end ;

(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 and has paid a nonrefundable license fee to the board not to exceed $75.

(b) A guest license must be renewed annually with the board and an annual renewal
fee not to exceed $75 must be paid to the board. new text begin Guest licenses expire on December
31 of each year.
new text end

(c) A dentist, dental hygienist, or dental assistant practicing under a guest license
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 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 deleted text begin border state deleted text end new text begin
jurisdictions in which they are licensed new text end .

new text begin (d) The board may grant a guest license to a dentist, dental hygienist, or dental
assistant licensed in another United States jurisdiction to provide dental care to patients on
a voluntary basis without compensation for a limited period of time. The board shall not
assess a fee for the guest license for volunteer services issued under this paragraph.
new text end

new text begin The board shall issue a guest license for volunteer services license if:
new text end

new text begin (1) the board determines that the applicant's services will provide dental care to
patients who have difficulty accessing dental care;
new text end

new text begin (2) the care will be provided without compensation; and
new text end

new text begin (3) the applicant provides adequate proof of the status of all licenses to practice in
other jurisdictions. The board may require such proof on an application form developed
by the board.
new text end

new text begin The guest license for volunteer services shall limit the licensee to providing dental
care services for a period of time not to exceed ten days in a calendar year. Guest licenses
expire on December 31 of each year.
new text end

new text begin The holder of a guest license for volunteer services shall be subject to state's laws
and rules regarding dentistry and the regulatory authority of the board. The board may
revoke the license of a dentist, dental hygienist, or dental assistant practicing under this
subdivision or take other regulatory action against the dentist, dental hygienist, or dental
assistant. If an action is taken, the board shall report the action to the regulatory board
of those jurisdictions where an active license is held by the dentist, dental hygienist,
or dental assistant.
new text end

Sec. 3.

Minnesota Statutes 2010, section 150A.06, subdivision 3, is amended to read:

Subd. 3.

Waiver of examination.

(a) All or any part of the examination for dentists
or dental hygienists, except that pertaining to the law of Minnesota relating to dentistry
and the rules of the board, may, at the discretion of the board, be waived for an applicant
who presents a certificate of deleted text begin qualification from deleted text end new text begin having passed all components of new text end the
National Board deleted text begin of deleted text end Dental deleted text begin Examiners deleted text end new text begin Examinations new text end or evidence of having maintained an
adequate scholastic standing as determined by the board, in dental school as to dentists, or
dental hygiene school as to dental hygienists.

(b) The board shall waive the clinical examination required for licensure for any
dentist applicant who is a graduate of a dental school accredited by the Commission
on Dental Accreditation of the American Dental Association, who has deleted text begin successfully
completed deleted text end new text begin passed new text end all components of the National deleted text begin Dental deleted text end Board deleted text begin Examination deleted text end new text begin Dental
Examinations new text end , and who has satisfactorily completed a Minnesota-based postdoctoral
general dentistry residency program (GPR) or an advanced education in general dentistry
(AEGD) program after January 1, 2004. The postdoctoral program must be accredited
by the Commission on Dental Accreditation of the American Dental Association, be of
at least one year's duration, and include an outcome assessment evaluation assessing
the resident's competence to practice dentistry. The board may require the applicant to
submit any information deemed necessary by the board to determine whether the waiver is
applicable. The board may waive the clinical examination for an applicant who meets the
requirements of this paragraph and has satisfactorily completed an accredited postdoctoral
general dentistry residency program located outside of Minnesota.

Sec. 4.

Minnesota Statutes 2010, section 150A.06, subdivision 4, is amended to read:

Subd. 4.

Licensure by credentials.

(a) Any dentist or dental hygienist may, upon
application and payment of a fee established by the board, apply for licensure based on
the applicant's performance record in lieu of passing an examination approved by the
board according to section 150A.03, subdivision 1, and be interviewed by the board to
determine if the applicant:

new text begin (1) has passed all components of the National Board Dental Examinations;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end has been in active practice at least 2,000 hours within 36 months of the
application date, or passed a board-approved reentry program within 36 months of the
application date;

deleted text begin (2) deleted text end new text begin (3) new text end currently has a license in another state or Canadian province and is not subject
to any pending or final disciplinary action, or if not currently licensed, previously had a
license 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;

deleted text begin (3) deleted text end new text begin (4) new text end is of good moral character and abides by professional ethical conduct
requirements;

deleted text begin (4) deleted text end new text begin (5) new text end at board discretion, has passed a board-approved English proficiency test if
English is not the applicant's primary language; and

deleted text begin (5) deleted text end new text begin (6) new text end meets other credentialing requirements specified in board rule.

(b) An applicant who fulfills the conditions of this subdivision and demonstrates
the minimum knowledge in dental subjects required for licensure under subdivision 1 or
2 must be licensed to practice the applicant's profession.

(c) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for licensure under subdivision 1 or 2, the application must be denied. When
denying a license, the board may notify the applicant of any specific remedy that the
applicant could take which, when passed, would qualify the applicant for licensure. A
denial does not prohibit the applicant from applying for licensure under subdivision 1 or 2.

(d) A candidate whose application has been denied may appeal the decision to the
board according to subdivision 4a.

Sec. 5.

Minnesota Statutes 2010, section 150A.06, subdivision 6, is amended to read:

Subd. 6.

Display of name and certificates.

new text begin (a) new text end The initial license and subsequent
renewal deleted text begin , or current registration deleted text end certificate deleted text begin , deleted text end of every dentist, deleted text begin a deleted text end dental therapist, dental
hygienist, or dental assistant shall be conspicuously displayed in every office in which that
person practices, in plain sight of patients. new text begin When available from the board, the board shall
allow the display of a wallet-sized initial license and wallet-sized subsequent renewal
certificate only at nonprimary practice locations instead of displaying an original-sized
initial license and subsequent renewal certificate.
new text end

new text begin (b) new text end Near or on the entrance door to every office where dentistry is practiced, the
name of each dentist practicing there, as inscribed on the current license certificate, shall
be displayed in plain sight.

Sec. 6.

Minnesota Statutes 2010, section 150A.09, subdivision 3, is amended to read:

Subd. 3.

Current address, change of address.

Every dentist, dental therapist,
dental hygienist, and dental assistant shall maintain with the board a correct and current
mailing address new text begin and electronic mail address new text end . For dentists engaged in the practice of
dentistry, the new text begin postal new text end address shall be that of the location of the primary dental practice.
Within 30 days after changing new text begin postal or electronic mail new text end addresses, every dentist, dental
therapist, dental hygienist, and dental assistant shall provide the board written notice of
the new address either personally or by first class mail.

Sec. 7.

Minnesota Statutes 2010, section 150A.105, subdivision 7, is amended to read:

Subd. 7.

Use of dental assistants.

(a) A licensed dental therapist may supervise
dental assistants to the extent permitted in the collaborative management agreement and
according to section 150A.10, subdivision 2.

(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to
supervising no more than four deleted text begin registered deleted text end new text begin licensed new text end dental assistants or deleted text begin nonregistered deleted text end new text begin
nonlicensed new text end dental assistants at any one practice setting.

Sec. 8.

Minnesota Statutes 2010, section 150A.106, subdivision 1, is amended to read:

Subdivision 1.

General.

In order to be certified by the board to practice as an
advanced dental therapist, a person must:

(1) complete a dental therapy education program;

(2) pass an examination to demonstrate competency under the dental therapy scope
of practice;

(3) be licensed as a dental therapist;

(4) complete 2,000 hours of dental therapy clinical practice under direct or indirect
supervision;

(5) graduate from a master's advanced dental therapy education program;

(6) pass a board-approved certification examination to demonstrate competency
under the advanced scope of practice; and

(7) submit an application new text begin and fee new text end for certification as prescribed by the board.

Sec. 9.

Minnesota Statutes 2010, section 150A.14, is amended to read:

150A.14 IMMUNITY.

Subdivision 1.

Reporting immunity.

A person, health care facility, business, or
organization is immune from civil liability or criminal prosecution for submitting a report
in good faith to the board under section 150A.13, or for cooperating with an investigation
of a report or with staff of the board new text begin relative to violations or alleged violations of section
150A.08 new text end . Reports are confidential data on individuals under section 13.02, subdivision 3,
and are privileged communications.

Subd. 2.

deleted text begin Program deleted text end new text begin Investigation new text end immunity.

new text begin (a) new text end Members of the board, persons
employed by the board, and board consultants new text begin retained by the board new text end are immune from
civil liability and criminal prosecution for any actions, transactions, or publications in
the execution of, or relating to, their duties under deleted text begin section 150A.13 deleted text end new text begin sections 150A.02 to
150A.21, 214.10, and 214.103 new text end .

new text begin (b) For purposes of this section, a member of the board or a consultant described in
paragraph (a) is considered a state employee under section 3.736, subdivision 9.
new text end

Sec. 10.

Laws 2011, First Special Session chapter 9, article 10, section 8, subdivision
8, is amended to read:

Subd. 8. Board of Nursing Home Administrators

2,153,000

2,145,000

Rulemaking. Of this appropriation, $44,000
in fiscal year 2012 is for rulemaking. This is
a onetime appropriation.

Electronic Licensing System Adaptors.
Of this appropriation, $761,000 in fiscal
year 2013 from the state government special
revenue fund is to the administrative services
unit to cover the costs to connect to the
e-licensing system. Minnesota Statutes,
section 16E.22. Base level funding for this
activity in fiscal year 2014 shall be $100,000.
Base level funding for this activity in fiscal
year 2015 shall be $50,000.

Development and Implementation of a
Disciplinary, Regulatory, Licensing and
Information Management System. Of this
appropriation, $800,000 in fiscal year 2012
and $300,000 in fiscal year 2013 are for the
development of a shared system. Base level
funding for this activity in fiscal year 2014
shall be $50,000.

Administrative Services Unit - Operating
Costs. Of this appropriation, $526,000
in fiscal year 2012 and $526,000 in
fiscal year 2013 are for operating costs
of the administrative services unit. The
administrative services unit may receive
and expend reimbursements for services
performed by other agencies.

Administrative Services Unit - Retirement
Costs. Of this appropriation in fiscal year
2012, $225,000 is for onetime retirement
costs in the health-related boards. This
funding may be transferred to the health
boards incurring those costs for their
payment. These funds are available either
year of the biennium.

Administrative Services Unit - Volunteer
Health Care Provider Program. Of this
appropriation, $150,000 in fiscal year 2012
and $150,000 in fiscal year 2013 are to pay
for medical professional liability coverage
required under Minnesota Statutes, section
214.40.

Administrative Services Unit - Contested
Cases and Other Legal Proceedings. Of
this appropriation, $200,000 in fiscal year
2012 and $200,000 in fiscal year 2013 are
for costs of contested case hearings and other
unanticipated costs of legal proceedings
involving health-related boards funded
under this section. Upon certification of a
health-related board to the administrative
services unit that the costs will be incurred
and that there is insufficient money available
to pay for the costs out of money currently
available to that board, the administrative
services unit is authorized to transfer money
from this appropriation to the board for
payment of those costs with the approval
of the commissioner of management and
budget. This appropriation does not cancel.
Any unencumbered and unspent balances
remain available for these expenditures in
subsequent fiscal years.

Base Adjustment. The State Government
Special Revenue Fund base is decreased by
$911,000 in fiscal year 2014 and deleted text begin $1,011,000 deleted text end new text begin
$961,000 new text end in fiscal year 2015.