SF 1968

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; modifying dentistry licensure; 
  1.3             requiring malpractice insurance; amending Minnesota 
  1.4             Statutes 2002, sections 150A.06, as amended; 150A.08, 
  1.5             subdivision 1; 150A.09, subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 150A.06, as 
  1.8   amended by Laws 2003, First Special Session chapter 5, sections 
  1.9   1, 2, and 3, is amended to read: 
  1.10     150A.06 [LICENSURE.] 
  1.11     Subdivision 1.  [DENTISTS.] A person of good moral 
  1.12  character not already a licensed dentist of the state who has 
  1.13  graduated from a dental program accredited by the Commission on 
  1.14  Dental Accreditation of the American Dental Association, having 
  1.15  submitted an application and fee as prescribed by the board and 
  1.16  the diploma or equivalent awarded to the person by a dental 
  1.17  college approved by the board, may be examined by the board or 
  1.18  by an agency pursuant to section 150A.03, subdivision 1, in a 
  1.19  manner to test the applicant's fitness to practice dentistry.  A 
  1.20  graduate of a dental college in another country must not be 
  1.21  disqualified from examination solely because of the applicant's 
  1.22  foreign training if the board determines that the training is 
  1.23  equivalent to or higher than that provided by a dental college 
  1.24  approved accredited by the Commission on Dental Accreditation of 
  1.25  the American Dental Association or a successor organization.  In 
  2.1   the case of examinations conducted pursuant to section 150A.03, 
  2.2   subdivision 1, applicants may shall take the examination prior 
  2.3   to applying to the board for licensure.  The examination shall 
  2.4   include an examination of the applicant's knowledge of the laws 
  2.5   of Minnesota relating to dentistry and the rules of the board.  
  2.6   An applicant is ineligible to retake the clinical examination 
  2.7   required by the board after failing it twice until further 
  2.8   education and training are obtained as specified by the board by 
  2.9   rule.  A separate, nonrefundable fee may be charged for each 
  2.10  time a person applies.  An applicant who passes the examination 
  2.11  in compliance with subdivision 2b, abides by professional 
  2.12  ethical conduct requirements, and meets all other requirements 
  2.13  of the board shall be licensed to practice dentistry 
  2.14  and supplied with granted a general dentist license by the board.
  2.15     Subd. 1a.  [FACULTY DENTISTS.] (a) Faculty members of a 
  2.16  school of dentistry must be licensed or registered in order to 
  2.17  practice dentistry as defined in section 150A.05.  The board may 
  2.18  issue to members of the faculty of a school of dentistry a 
  2.19  license designated as either a "limited faculty license" or a 
  2.20  "full faculty license" entitling the holder to practice 
  2.21  dentistry within the terms described in paragraph (b) or (c).  
  2.22  The dean of the a school of dentistry and program directors of 
  2.23  accredited a Minnesota dental hygiene or dental assisting 
  2.24  schools school accredited by the Commission on Dental 
  2.25  Accreditation of the American Dental Association shall certify 
  2.26  to the board those members of the school's faculty who practice 
  2.27  dentistry but are not licensed to practice dentistry in 
  2.28  Minnesota.  A faculty member who practices dentistry as defined 
  2.29  in section 150A.05, before beginning duties in the a school of 
  2.30  dentistry or a dental hygiene or dental assisting school, shall 
  2.31  apply to the board for a limited or full faculty license.  The 
  2.32  license expires the next July 1 and may, at the discretion of 
  2.33  the board, be renewed on a yearly basis.  The faculty applicant 
  2.34  shall pay a nonrefundable fee set by the board for issuing and 
  2.35  renewing the faculty license.  The faculty license is valid 
  2.36  during the time the holder remains a member of the faculty of a 
  3.1   school of dentistry or a dental hygiene or dental assisting 
  3.2   school and subjects the holder to this chapter.  
  3.3      (b) The board may issue to dentist members of the faculty 
  3.4   of an accredited a Minnesota school of dentistry, dental 
  3.5   hygiene, or dental assisting accredited by the Commission on 
  3.6   Dental Accreditation of the American Dental Association, a 
  3.7   license designated as a limited faculty license entitling the 
  3.8   holder to practice dentistry within the school and its 
  3.9   affiliated teaching facilities, but only for the purposes 
  3.10  of instructing teaching or conducting research.  The practice of 
  3.11  dentistry at a school facility for purposes other than 
  3.12  instruction teaching or research is not allowed unless the 
  3.13  faculty member is licensed under subdivision 1 or is dentist was 
  3.14  a faculty member on August 1, 1993.  
  3.15     (c) The board may issue to dentist members of the faculty 
  3.16  of an accredited a Minnesota school of dentistry, dental 
  3.17  hygiene, or dental assisting accredited by the Commission on 
  3.18  Dental Accreditation of the American Dental Association a 
  3.19  license designated as a full faculty license entitling the 
  3.20  holder to practice dentistry within the school and its 
  3.21  affiliated teaching facilities and elsewhere if the holder of 
  3.22  the license is employed 50 percent time or more by the school in 
  3.23  the practice of teaching or research, and upon successful review 
  3.24  by the board of the applicant's qualifications as described in 
  3.25  subdivisions 1, 1c, and 4 and board rule.  The board, at its 
  3.26  discretion, may waive specific licensing prerequisites. 
  3.27     Subd. 1b.  [RESIDENT DENTISTS.] A person who is a graduate 
  3.28  of a dental school and is an enrolled graduate student or 
  3.29  student of an accredited advanced dental education program and 
  3.30  who is not licensed to practice dentistry in the state shall 
  3.31  obtain from the board a license to practice dentistry as a 
  3.32  resident dentist.  The license must be designated "resident 
  3.33  dentist license" and authorizes the licensee to practice 
  3.34  dentistry only under the supervision of a licensed dentist.  A 
  3.35  resident dentist license must be renewed annually pursuant to 
  3.36  the board's rules.  An applicant for a resident dentist license 
  4.1   shall pay a nonrefundable fee set by the board for issuing and 
  4.2   renewing the license.  The requirements of sections 150A.01 to 
  4.3   150A.21 apply to resident dentists except as specified in rules 
  4.4   adopted by the board.  A resident dentist license does not 
  4.5   qualify a person for licensure under subdivision 1.  This 
  4.6   subdivision takes effect on September 1 following the date that 
  4.7   the rules adopted under this subdivision become effective.  
  4.8      Subd. 1c.  [SPECIALTY DENTISTS.] (a) The board may grant a 
  4.9   specialty license in the following specialty areas of dentistry: 
  4.10     (1) endodontics; 
  4.11     (2) oral and maxillofacial surgery; 
  4.12     (3) oral pathology; 
  4.13     (4) orthodontics; 
  4.14     (5) pediatric dentistry; 
  4.15     (6) periodontics; 
  4.16     (7) prosthodontics; and 
  4.17     (8) public health that are recognized by the American 
  4.18  Dental Association. 
  4.19     (b) Notwithstanding section 147.081, subdivision 3, a 
  4.20  person practicing in the specialty area of oral and 
  4.21  maxillofacial surgery must either be licensed by the board under 
  4.22  subdivision 1, or have a specialty license in the oral and 
  4.23  maxillofacial surgery specialty area.  Notwithstanding paragraph 
  4.24  (c), an oral and maxillofacial surgery specialty license may be 
  4.25  issued to a person not licensed under subdivision 1.  An 
  4.26  applicant for a specialty license shall: 
  4.27     (1) have successfully completed a postdoctoral specialty 
  4.28  education program accredited by the Commission on Dental 
  4.29  Accreditation of the American Dental Association, or have 
  4.30  announced a limitation of practice before 1967; 
  4.31     (2) have been certified by a specialty examining board 
  4.32  approved by the Minnesota Board of Dentistry, or provide 
  4.33  evidence of having passed a clinical examination for licensure 
  4.34  in another state or Canadian province, or in the case of oral 
  4.35  and maxillofacial surgeons only, have a Minnesota medical 
  4.36  license in good standing; 
  5.1      (3) have been in active practice or a postdoctoral 
  5.2   specialty education program or United States government service 
  5.3   at least 2,000 hours in the 36 months prior to applying for a 
  5.4   specialty license; 
  5.5      (4) be interviewed by a committee of the board, which may 
  5.6   include the assistance of specialists in the evaluation process, 
  5.7   and satisfactorily respond to questions designed to determine 
  5.8   the applicant's knowledge of dental subjects and ability to 
  5.9   practice; 
  5.10     (5) if requested by the board, present complete records on 
  5.11  a sample of patients treated by the applicant.  The sample must 
  5.12  be drawn from patients treated by the applicant during the 36 
  5.13  months preceding the date of application.  The number of records 
  5.14  shall be established by the board.  The records shall be 
  5.15  reasonably representative of the treatment typically provided by 
  5.16  the applicant; 
  5.17     (6) at board discretion, pass a board-approved English 
  5.18  proficiency test if English is not the applicant's primary 
  5.19  language; 
  5.20     (7) pass all components of the National Dental Board 
  5.21  examinations; 
  5.22     (8) pass the Minnesota Board of Dentistry jurisprudence 
  5.23  examination; 
  5.24     (9) abide by professional ethical conduct requirements; and 
  5.25     (10) meet all other requirements prescribed by the Board of 
  5.26  Dentistry. 
  5.27     (c) An applicant for a specialty license shall The 
  5.28  application must include: 
  5.29     (1) have successfully completed an advanced education 
  5.30  program approved by the Commission on Accreditation in one of 
  5.31  the specialty areas; 
  5.32     (2) have announced a limitation of practice before 1967; or 
  5.33     (3) have been certified by a specialty examining board 
  5.34  approved by the board.  
  5.35     The board shall also require the applicant to be licensed 
  5.36  under subdivision 1 or have an equivalent license in another 
  6.1   state as determined by the board, meet all other requirements 
  6.2   prescribed by the board, and pay a nonrefundable fee set by the 
  6.3   board. 
  6.4      (1) a completed application furnished by the board; 
  6.5      (2) at least two character references from two different 
  6.6   dentists, one of whom must be a dentist practicing in the same 
  6.7   specialty area, and the other the director of the specialty 
  6.8   program attended; 
  6.9      (3) a licensed physician's statement attesting to the 
  6.10  applicant's physical and mental condition; 
  6.11     (4) a statement from a licensed ophthalmologist or 
  6.12  optometrist attesting to the applicant's visual acuity; 
  6.13     (5) a nonrefundable fee set by the board; and 
  6.14     (6) a notarized, unmounted passport-type photograph, three 
  6.15  inches by three inches, taken not more than six months before 
  6.16  the date of application. 
  6.17     (d) A dentist with an equivalent license in another state 
  6.18  and a specialty license in Minnesota is limited in Minnesota to 
  6.19  practicing only in the specialty license area as defined by the 
  6.20  board.  A specialty dentist holding a specialty license is 
  6.21  limited to practicing in the dentist's designated specialty 
  6.22  area.  The scope of practice must be defined by each national 
  6.23  specialty board recognized by the American Dental Association. 
  6.24     (e) A specialty dentist holding a general dentist license 
  6.25  is limited to practicing in the dentist's designated specialty 
  6.26  area if the dentist has announced a limitation of practice.  The 
  6.27  scope of practice must be defined by each national specialty 
  6.28  board recognized by the American Dental Association. 
  6.29     (f) Effective August 1, 2004, all specialty dentists 
  6.30  applying for licensure, who intend to limit their practices, 
  6.31  must apply for a specialty license. 
  6.32     Subd. 2.  [DENTAL HYGIENISTS.] A person of good moral 
  6.33  character not already a licensed dental hygienist of this state, 
  6.34  who has graduated from a dental hygiene program established in 
  6.35  an institution that is accredited by an accrediting agency 
  6.36  recognized by the United States Department of Education to offer 
  7.1   college-level programs accredited by the Commission on Dental 
  7.2   Accreditation of the American Dental Association may apply for 
  7.3   licensure.  The dental hygiene program must provide a minimum of 
  7.4   two academic years of dental hygiene curriculum and be 
  7.5   accredited by the American Dental Association Commission on 
  7.6   Dental Accreditation education.  The applicant must submit an 
  7.7   application and fee as prescribed by the board and a diploma or 
  7.8   certificate of dental hygiene.  Prior to being licensed, the 
  7.9   applicant must pass the National Board of Dental Hygiene 
  7.10  examination and a board approved examination designed to 
  7.11  determine the applicant's clinical competency.  In the case of 
  7.12  examinations conducted pursuant to section 150A.03, subdivision 
  7.13  1, applicants may shall take the examination before applying to 
  7.14  the board for licensure.  The applicant must also pass an 
  7.15  examination testing the applicant's knowledge of the laws of 
  7.16  Minnesota relating to the practice of dentistry and of the rules 
  7.17  of the board.  An applicant is ineligible to retake the clinical 
  7.18  examination required by the board after failing it twice until 
  7.19  further education and training are obtained as specified by the 
  7.20  board by rule.  A separate, nonrefundable fee may be charged for 
  7.21  each time a person applies.  An applicant who passes the 
  7.22  examination in compliance with subdivision 2b, abides by 
  7.23  professional ethical conduct requirements, and meets all the 
  7.24  other requirements of the board shall be licensed as a dental 
  7.25  hygienist and supplied with a license by the board.  
  7.26     Subd. 2a.  [REGISTERED DENTAL ASSISTANT.] A person of good 
  7.27  moral character, who has submitted graduated from a dental 
  7.28  assisting program accredited by the Commission on Dental 
  7.29  Accreditation of the American Dental Association may apply for 
  7.30  registration.  The applicant must submit an application and fee 
  7.31  as prescribed by the board and the diploma or equivalent awarded 
  7.32  to the person by a training school for certificate of dental 
  7.33  assistants or its equivalent approved by the board, may be 
  7.34  examined by the board or by an agency pursuant to section 
  7.35  150A.03, subdivision 1, in a manner to test the applicant's 
  7.36  fitness to perform as a registered dental assistant assisting.  
  8.1   In the case of examinations conducted pursuant to section 
  8.2   150A.03, subdivision 1, applicants may shall take the 
  8.3   examination before applying to the board for registration.  The 
  8.4   examination shall include an examination of the applicant's 
  8.5   knowledge of the laws of Minnesota relating to dentistry and the 
  8.6   rules of the board.  An applicant is ineligible to retake 
  8.7   the clinical registration examination required by the board 
  8.8   after failing it twice until further education and training are 
  8.9   obtained as specified by the board by rule.  A separate, 
  8.10  nonrefundable fee may be charged for each time a person 
  8.11  applies.  An applicant who passes the examination in compliance 
  8.12  with subdivision 2b, abides by professional ethical conduct 
  8.13  requirements, and meets all the other requirements of the board 
  8.14  shall be registered as a dental assistant.  The examination fee 
  8.15  set by the board in rule is the application fee until the board 
  8.16  amends, repeals, or otherwise changes the rules pursuant to 
  8.17  chapter 14. 
  8.18     Subd. 2b.  [EXAMINATION.] When the Board members administer 
  8.19  of Dentistry administers the examination for licensure or 
  8.20  registration, only those board members or board-appointed deputy 
  8.21  examiners qualified for the particular examination may 
  8.22  administer it.  An examination which the board requires as a 
  8.23  condition of licensure or registration must have been taken 
  8.24  within the five years before the board receives the application 
  8.25  for licensure or registration.  
  8.26     Subd. 2c.  [GUEST LICENSE OR REGISTRATION.] (a) The board 
  8.27  shall grant a guest license to practice as a dentist or dental 
  8.28  hygienist or a guest registration to practice as a dental 
  8.29  assistant if the following conditions are met: 
  8.30     (1) the dentist, dental hygienist, or dental assistant is 
  8.31  currently licensed or registered in good standing in North 
  8.32  Dakota, South Dakota, Iowa, or Wisconsin; 
  8.33     (2) the dentist, dental hygienist, or dental assistant is 
  8.34  currently engaged in the practice of that person's respective 
  8.35  profession in North Dakota, South Dakota, Iowa, or Wisconsin; 
  8.36     (3) the dentist, dental hygienist, or dental assistant is 
  9.1   seeking to will limit that person's practice in to a public 
  9.2   health setting in Minnesota that (i) is approved by the board; 
  9.3   (ii) was established by a nonprofit organization that is tax 
  9.4   exempt under chapter 501(c)(3) of the Internal Revenue Code of 
  9.5   1986; and (iii) provides dental care to patients who have 
  9.6   difficulty accessing dental care; 
  9.7      (4) the dentist, dental hygienist, or dental assistant 
  9.8   agrees to treat indigent patients who meet the eligibility 
  9.9   criteria established by the clinic; and 
  9.10     (5) the dentist, dental hygienist, or dental assistant has 
  9.11  applied to the board for a guest license or registration, 
  9.12  providing evidence of being currently licensed or registered in 
  9.13  good standing in North Dakota, South Dakota, Iowa, or Wisconsin, 
  9.14  and has paid a nonrefundable license fee to established by the 
  9.15  board of $50 but not to exceed $75. 
  9.16     (b) A dentist, dental hygienist, or dental assistant 
  9.17  practicing under a guest license or registration may only 
  9.18  practice at a single, specific location in Minnesota.  A guest 
  9.19  license or registration must be renewed annually with the board 
  9.20  and pay an annual renewal fee of $50 must be paid to the board.  
  9.21  If the clinic in Minnesota at which a dentist, dental hygienist, 
  9.22  or dental assistant seeks to practice permanently ceases 
  9.23  operation, the guest license or registration issued under this 
  9.24  subdivision is automatically revoked established by the board 
  9.25  but not to exceed $75. 
  9.26     (c) A dentist, dental hygienist, or dental assistant 
  9.27  practicing under a guest license or registration under this 
  9.28  subdivision shall have the same obligations as a dentist, dental 
  9.29  hygienist, or dental assistant who is licensed in Minnesota and 
  9.30  shall be subject to the laws and rules of Minnesota and the 
  9.31  regulatory authority of the board.  If the board suspends or 
  9.32  revokes the guest license or registration of, or otherwise 
  9.33  disciplines, a dentist, dental hygienist, or dental assistant 
  9.34  practicing under this subdivision, the board shall promptly 
  9.35  report such disciplinary action to the dentist's, dental 
  9.36  hygienist's, or dental assistant's regulatory board in the 
 10.1   border state. 
 10.2      Subd. 2d.  [VOLUNTEER AND RETIRED DENTISTS, DENTAL 
 10.3   HYGIENISTS, AND REGISTERED DENTAL ASSISTANTS CONTINUING 
 10.4   EDUCATION AND PROFESSIONAL DEVELOPMENT WAIVER.] (a) The board 
 10.5   shall grant a waiver to the continuing education requirements 
 10.6   under this chapter for a licensed dentist, licensed dental 
 10.7   hygienist, or registered dental assistant who documents to the 
 10.8   satisfaction of the board that the dentist, dental hygienist, or 
 10.9   registered dental assistant has retired from active practice in 
 10.10  the state and limits the provision of dental care services to 
 10.11  those offered without compensation in a public health, 
 10.12  community, or tribal clinic or a nonprofit organization that 
 10.13  provides services to the indigent or to recipients of medical 
 10.14  assistance, general assistance medical care, or MinnesotaCare 
 10.15  programs. 
 10.16     (b) The board may require written documentation from the 
 10.17  volunteer and retired dentist, dental hygienist, or registered 
 10.18  dental assistant prior to granting this waiver. 
 10.19     (c) The board shall require the volunteer and retired 
 10.20  dentist, dental hygienist, or registered dental assistant to 
 10.21  meet the following requirements: 
 10.22     (1) a licensee or registrant seeking a waiver under this 
 10.23  subdivision must complete and document at least five hours of 
 10.24  approved courses in infection control, medical emergencies, and 
 10.25  medical management for the continuing education cycle; and 
 10.26     (2) provide documentation of certification in advanced or 
 10.27  basic cardiac life support recognized by the American Heart 
 10.28  Association, the American Red Cross, or an equivalent entity. 
 10.29     Subd. 3.  [WAIVER OF EXAMINATION.] (a) All or any part of 
 10.30  the examination for dentists or dental hygienists, except that 
 10.31  pertaining to the law of Minnesota relating to dentistry and the 
 10.32  rules of the board, may, at the discretion of the board, be 
 10.33  waived for an applicant who presents a certificate of 
 10.34  qualification from the National Board of Dental Examiners or 
 10.35  evidence of having maintained an adequate scholastic standing as 
 10.36  determined by the board, in dental school as to dentists, or 
 11.1   dental hygiene school as to dental hygienists. 
 11.2      (b) Effective January 1, 2004, the board shall waive the 
 11.3   clinical examination required for licensure for any dentist 
 11.4   applicant who is a graduate of a dental school accredited by the 
 11.5   Commission on Dental Accreditation of the American Dental 
 11.6   Association or an equivalent organization as determined by the 
 11.7   board, who has successfully completed parts I and II all 
 11.8   components of the National boards Dental Board examination, and 
 11.9   who has satisfactorily completed a Minnesota-based postdoctoral 
 11.10  general dentistry residency program accredited by the Commission 
 11.11  on Dental Accreditation of the American Dental Association if 
 11.12  the program is of at least one year's duration and includes an 
 11.13  outcome assessment evaluation assessing the resident's 
 11.14  competence to practice dentistry.  The board may require the 
 11.15  applicant to submit any information deemed necessary by the 
 11.16  board to determine whether the waiver is applicable.  The board 
 11.17  may waive the clinical examination for an applicant who meets 
 11.18  the requirements of this paragraph and has satisfactorily 
 11.19  completed an accredited postdoctoral general dentistry residency 
 11.20  program located outside of Minnesota. 
 11.21     Subd. 4.  [LICENSURE BY CREDENTIALS.] (a) Any person who is 
 11.22  lawfully practicing dentistry or dental hygiene in another state 
 11.23  or Canadian province having and maintaining a standard of 
 11.24  examination for licensure and of laws regulating the practice 
 11.25  within that state or Canadian province, substantially equivalent 
 11.26  to Minnesota's, as determined by the board, who is a reputable 
 11.27  dentist or dental hygienist of good moral character, and who 
 11.28  deposits, in person, with the Board of Dentistry a certificate 
 11.29  from the board of dentistry of the state or Canadian province in 
 11.30  which the applicant is licensed, certifying to the fact of 
 11.31  licensure and that the applicant is of good moral character and 
 11.32  professional attainments, shall, upon payment of the fee 
 11.33  established by the board, be interviewed by the board.  The 
 11.34  interview shall consist of assessing the applicant's knowledge 
 11.35  of dental subjects.  If the applicant does not demonstrate the 
 11.36  minimum knowledge in dental subjects required for licensure 
 12.1   under subdivisions 1 and 2, the application shall be denied.  
 12.2   When denying a license, the board may notify the applicant of 
 12.3   any specific course that the applicant could take which, if 
 12.4   passed, would qualify the applicant for licensure.  The denial 
 12.5   shall not prohibit the applicant from applying for licensure 
 12.6   under subdivisions 1 and 2.  If the applicant demonstrates the 
 12.7   minimum knowledge in dental subjects required for licensure 
 12.8   under subdivisions 1 and 2 and meets the other requirements of 
 12.9   this subdivision, a license shall be granted to practice in this 
 12.10  state, if the applicant passes an examination on the laws of 
 12.11  Minnesota relating to dentistry and the rules of the Board of 
 12.12  Dentistry. dentist or dental hygienist may, upon application and 
 12.13  payment of a fee established by the board, apply for licensure 
 12.14  based on their performance record in lieu of passing a 
 12.15  board-approved examination as defined in section 150A.03, 
 12.16  subdivision 1, and be interviewed by the board to determine if 
 12.17  the applicant: 
 12.18     (1) has been in active practice at least 2,000 hours within 
 12.19  36 months of the application date, or passed a board-approved 
 12.20  re-entry program within 36 months of the application date; 
 12.21     (2) currently has a license in another state or Canadian 
 12.22  province and is not subject to any pending or final disciplinary 
 12.23  action, or if not currently licensed, previously had a license 
 12.24  in another state or Canadian province in good standing that was 
 12.25  not subject to any final or pending disciplinary action at the 
 12.26  time of surrender; 
 12.27     (3) is of good moral character and abides by professional 
 12.28  ethical conduct requirements; 
 12.29     (4) at board discretion, has passed a board-approved 
 12.30  English proficiency test if English is not the applicant's 
 12.31  primary language; and 
 12.32     (5) meets other credentialing requirements specified in 
 12.33  board rule. 
 12.34     (b) An applicant who fulfills the conditions of this 
 12.35  subdivision and demonstrates the minimum knowledge in dental 
 12.36  subjects required for licensure under subdivision 1 or 2 must be 
 13.1   licensed to practice the applicant's profession. 
 13.2      (c) If the applicant does not demonstrate the minimum 
 13.3   knowledge in dental subjects required for licensure under 
 13.4   subdivision 1 or 2, the application must be denied.  When 
 13.5   denying a license, the board may notify the applicant of any 
 13.6   specific remedy that the applicant could take which, when 
 13.7   passed, would qualify the applicant for licensure.  A denial 
 13.8   does not prohibit the applicant from applying for licensure 
 13.9   under subdivision 1 or 2. 
 13.10     (d) A candidate whose application has been denied may 
 13.11  appeal the decision to the board according to subdivision 4a. 
 13.12     Subd. 4a.  [APPEAL OF DENIAL OF APPLICATION.] A person 
 13.13  whose application for licensure or registration by credentials 
 13.14  has been denied may appeal the decision to the board.  The board 
 13.15  shall establish an appeals process and inform a denied candidate 
 13.16  of the right to appeal and the process for filing the appeal. 
 13.17     Subd. 5.  [FRAUD IN SECURING LICENSES OR REGISTRATIONS.] 
 13.18  Every person implicated in employing fraud or deception in 
 13.19  applying for or securing a license or registration to practice 
 13.20  dentistry or, dental hygiene, or in applying for or securing a 
 13.21  registration to practice dental assisting or in 
 13.22  annually registering renewing a license or registration under 
 13.23  sections 150A.01 to 150A.12 is guilty of a gross misdemeanor. 
 13.24     Subd. 6.  [DISPLAY OF NAME AND CERTIFICATES.] The name, 
 13.25  initial license and subsequent renewal, or current registrion 
 13.26  certificate, and annual registration certificate of every 
 13.27  licensed dentist, dental hygienist, or registered dental 
 13.28  assistant shall be conspicuously displayed in every office in 
 13.29  which that person practices, in plain sight of patients.  If 
 13.30  there is more than one dentist, dental hygienist, or registered 
 13.31  dental assistant practicing or employed in any office, the 
 13.32  manager or proprietor of the office shall display in plain sight 
 13.33  the name, license certificate and annual registration 
 13.34  certificate of each dentist, dental hygienist, or registered 
 13.35  dental assistant practicing or employed there.  Near or on the 
 13.36  entrance door to every office where dentistry is practiced, the 
 14.1   name of each dentist practicing there, as inscribed on 
 14.2   the current license certificate and annual registration 
 14.3   certificate of each dentist, shall be displayed in plain sight.  
 14.4      Subd. 7.  [ADDITIONAL REMEDIES FOR LICENSURE AND 
 14.5   REGISTRATION.] On a case-by-case basis, for initial or renewal 
 14.6   of licensure or registration, the board may add additional 
 14.7   remedies for deficiencies found based on the applicant's 
 14.8   performance, character, and education. 
 14.9      Subd. 8.  [REGISTRATION BY CREDENTIALS.] (a) Any dental 
 14.10  assistant may, upon application and payment of a fee established 
 14.11  by the board, apply for registration based on an evaluation of 
 14.12  their education, experience, and performance record in lieu of 
 14.13  completing a board-approved dental assisting program for 
 14.14  expanded functions as defined in rule, and may be interviewed by 
 14.15  the board to determine if the applicant: 
 14.16     (1) has graduated from an accredited dental assisting 
 14.17  program accredited by the Commission of Dental Accreditation of 
 14.18  the American Dental Association, or is currently certified by 
 14.19  the Dental Assisting National Board; 
 14.20     (2) is not subject to any pending or final disciplinary 
 14.21  action in another state or Canadian province, or if not 
 14.22  currently certified or registered, previously had a 
 14.23  certification or registration in another state or Canadian 
 14.24  province in good standing that was not subject to any final or 
 14.25  pending disciplinary action at the time of surrender; 
 14.26     (3) is of good moral character and abides by professional 
 14.27  ethical conduct requirements; 
 14.28     (4) at board discretion, has passed a board-approved 
 14.29  English proficiency test if English is not the applicant's 
 14.30  primary language; and 
 14.31     (5) has met all expanded functions curriculum equivalency 
 14.32  requirements of a Minnesota board-approved dental assisting 
 14.33  program. 
 14.34     (b) The board, at its discretion, may waive specific 
 14.35  registration requirements in paragraph (a). 
 14.36     (c) An applicant who fulfills the conditions of this 
 15.1   subdivision and demonstrates the minimum knowledge in dental 
 15.2   subjects required for registration under subdivision 2a must be 
 15.3   registered to practice the applicant's profession. 
 15.4      (d) If the applicant does not demonstrate the minimum 
 15.5   knowledge in dental subjects required for registration under 
 15.6   subdivision 2a, the application must be denied.  If registration 
 15.7   is denied, the board may notify the applicant of any specific 
 15.8   remedy that the applicant could take, which when passed, would 
 15.9   qualify the applicant for registration.  A denial does not 
 15.10  prohibit the applicant from applying for registration under 
 15.11  subdivision 2a. 
 15.12     (e) A candidate whose application has been denied may 
 15.13  appeal the decision to the board according to subdivision 4a. 
 15.14     Sec. 2.  Minnesota Statutes 2002, section 150A.08, 
 15.15  subdivision 1, is amended to read: 
 15.16     Subdivision 1.  [GROUNDS.] The board may refuse or by order 
 15.17  suspend or revoke, limit or modify by imposing conditions it 
 15.18  deems necessary, any license to practice dentistry or dental 
 15.19  hygiene or the registration of any dental assistant upon any of 
 15.20  the following grounds: 
 15.21     (1) fraud or deception in connection with the practice of 
 15.22  dentistry or the securing of a license or annual registration 
 15.23  certificate; 
 15.24     (2) conviction, including a finding or verdict of guilt, an 
 15.25  admission of guilt, or a no contest plea, in any court of a 
 15.26  felony or gross misdemeanor reasonably related to the practice 
 15.27  of dentistry as evidenced by a certified copy of the conviction; 
 15.28     (3) conviction, including a finding or verdict of guilt, an 
 15.29  admission of guilt, or a no contest plea, in any court of an 
 15.30  offense involving moral turpitude as evidenced by a certified 
 15.31  copy of the conviction; 
 15.32     (4) habitual overindulgence in the use of intoxicating 
 15.33  liquors; 
 15.34     (5) improper or unauthorized prescription, dispensing, 
 15.35  administering, or personal or other use of any legend drug as 
 15.36  defined in chapter 151, of any chemical as defined in chapter 
 16.1   151, or of any controlled substance as defined in chapter 152; 
 16.2      (6) conduct unbecoming a person licensed to practice 
 16.3   dentistry or dental hygiene or registered as a dental assistant, 
 16.4   or conduct contrary to the best interest of the public, as such 
 16.5   conduct is defined by the rules of the board; 
 16.6      (7) gross immorality; 
 16.7      (8) any physical, mental, emotional, or other disability 
 16.8   which adversely affects a dentist's, dental hygienist's, or 
 16.9   registered dental assistant's ability to perform the service for 
 16.10  which the person is licensed or registered; 
 16.11     (9) revocation or suspension of a license, registration, or 
 16.12  equivalent authority to practice, or other disciplinary action 
 16.13  or denial of a license or registration application taken by a 
 16.14  licensing, registering, or credentialing authority of another 
 16.15  state, territory, or country as evidenced by a certified copy of 
 16.16  the licensing authority's order, if the disciplinary action or 
 16.17  application denial was based on facts that would provide a basis 
 16.18  for disciplinary action under this chapter and if the action was 
 16.19  taken only after affording the credentialed person or applicant 
 16.20  notice and opportunity to refute the allegations or pursuant to 
 16.21  stipulation or other agreement; 
 16.22     (10) failure to maintain adequate safety and sanitary 
 16.23  conditions for a dental office in accordance with the standards 
 16.24  established by the rules of the board; 
 16.25     (11) failure to maintain malpractice insurance related to 
 16.26  the practice of dentistry; 
 16.27     (12) employing, assisting, or enabling in any manner an 
 16.28  unlicensed person to practice dentistry; 
 16.29     (12) (13) failure or refusal to attend, testify, and 
 16.30  produce records as directed by the board under subdivision 7; 
 16.31     (13) (14) violation of, or failure to comply with, any 
 16.32  other provisions of sections 150A.01 to 150A.12, the rules of 
 16.33  the Board of Dentistry, or any disciplinary order issued by the 
 16.34  board, section 144.335 or 595.02, subdivision 1, paragraph (d), 
 16.35  or for any other just cause related to the practice of 
 16.36  dentistry.  Suspension, revocation, modification or limitation 
 17.1   of any license shall not be based upon any judgment as to 
 17.2   therapeutic or monetary value of any individual drug prescribed 
 17.3   or any individual treatment rendered, but only upon a repeated 
 17.4   pattern of conduct; 
 17.5      (14) (15) knowingly providing false or misleading 
 17.6   information that is directly related to the care of that patient 
 17.7   unless done for an accepted therapeutic purpose such as the 
 17.8   administration of a placebo; or 
 17.9      (15) (16) aiding suicide or aiding attempted suicide in 
 17.10  violation of section 609.215 as established by any of the 
 17.11  following:  
 17.12     (i) a copy of the record of criminal conviction or plea of 
 17.13  guilty for a felony in violation of section 609.215, subdivision 
 17.14  1 or 2; 
 17.15     (ii) a copy of the record of a judgment of contempt of 
 17.16  court for violating an injunction issued under section 609.215, 
 17.17  subdivision 4; 
 17.18     (iii) a copy of the record of a judgment assessing damages 
 17.19  under section 609.215, subdivision 5; or 
 17.20     (iv) a finding by the board that the person violated 
 17.21  section 609.215, subdivision 1 or 2.  The board shall 
 17.22  investigate any complaint of a violation of section 609.215, 
 17.23  subdivision 1 or 2. 
 17.24     Sec. 3.  Minnesota Statutes 2002, section 150A.09, 
 17.25  subdivision 4, is amended to read: 
 17.26     Subd. 4.  [DUPLICATE CERTIFICATES.] Duplicate licenses or 
 17.27  duplicate annual certificates of license renewal may be issued 
 17.28  by the board upon satisfactory proof of the need for the 
 17.29  duplicates and upon payment of the fee established by the board.