Minnesota Legislature
SF 2589
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to health occupations; creating licensure for dental assistants; amending
Minnesota Statutes 2004, sections 116J.70, subdivision 2a; 144.054, subdivision
2; 150A.01, subdivisions 5, 8; 150A.02, subdivision 1; 150A.03, subdivision 1;
150A.05, subdivision 2, by adding a subdivision; 150A.06, subdivisions 2a,
2b, 5, 6; 150A.08, subdivisions 1, 3, 4, 5, 6, 8; 150A.081, subdivisions 1, 2;
150A.09, subdivisions 1, 3, 5; 150A.10, subdivision 2; 214.18, subdivision 5;
352.91, subdivision 3g.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 116J.70, subdivision 2a, is amended to
read:
Subd. 2a.
License; exceptions.
"Business license" or "license" does not include
the following:
(1) any occupational license or registration issued by a licensing board listed in
section 214.01 or any occupational registration issued by the commissioner of health
pursuant to section 214.13;
(2) any license issued by a county, home rule charter city, statutory city, township, or
other political subdivision;
(3) any license required to practice the following occupation regulated by the
following sections:
(i) abstracters regulated pursuant to chapter 386;
(ii) accountants regulated pursuant to chapter 326A;
(iii) adjusters regulated pursuant to chapter 72B;
(iv) architects regulated pursuant to chapter 326;
(v) assessors regulated pursuant to chapter 270;
(vi) athletic trainers regulated pursuant to chapter 148;
(vii) attorneys regulated pursuant to chapter 481;
(viii) auctioneers regulated pursuant to chapter 330;
(ix) barbers and cosmetologists regulated pursuant to chapter 154;
(x) boiler operators regulated pursuant to chapter 183;
(xi) chiropractors regulated pursuant to chapter 148;
(xii) collection agencies regulated pursuant to chapter 332;
(xiii) dentists, deleted text begin registereddeleted text end dental assistants, and dental hygienists regulated pursuant
to chapter 150A;
(xiv) detectives regulated pursuant to chapter 326;
(xv) electricians regulated pursuant to chapter 326;
(xvi) mortuary science practitioners regulated pursuant to chapter 149A;
(xvii) engineers regulated pursuant to chapter 326;
(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
(xix) certified interior designers regulated pursuant to chapter 326;
(xx) midwives regulated pursuant to chapter 147D;
(xxi) nursing home administrators regulated pursuant to chapter 144A;
(xxii) optometrists regulated pursuant to chapter 148;
(xxiii) osteopathic physicians regulated pursuant to chapter 147;
(xxiv) pharmacists regulated pursuant to chapter 151;
(xxv) physical therapists regulated pursuant to chapter 148;
(xxvi) physician assistants regulated pursuant to chapter 147A;
(xxvii) physicians and surgeons regulated pursuant to chapter 147;
(xxviii) plumbers regulated pursuant to chapter 326;
(xxix) podiatrists regulated pursuant to chapter 153;
(xxx) practical nurses regulated pursuant to chapter 148;
(xxxi) professional fund-raisers regulated pursuant to chapter 309;
(xxxii) psychologists regulated pursuant to chapter 148;
(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters
82 and 83;
(xxxiv) registered nurses regulated pursuant to chapter 148;
(xxxv) securities brokers, dealers, agents, and investment advisers regulated
pursuant to chapter 80A;
(xxxvi) steamfitters regulated pursuant to chapter 326;
(xxxvii) teachers and supervisory and support personnel regulated pursuant to
chapter 125;
(xxxviii) veterinarians regulated pursuant to chapter 156;
(xxxix) water conditioning contractors and installers regulated pursuant to chapter
326;
(xl) water well contractors regulated pursuant to chapter 103I;
(xli) water and waste treatment operators regulated pursuant to chapter 115;
(xlii) motor carriers regulated pursuant to chapter 221;
(xliii) professional firms regulated under chapter 319B;
(xliv) real estate appraisers regulated pursuant to chapter 82B;
(xlv) residential building contractors, residential remodelers, residential roofers,
manufactured home installers, and specialty contractors regulated pursuant to chapter 326;
(xlvi) licensed professional counselors regulated pursuant to chapter 148B;
(4) any driver's license required pursuant to chapter 171;
(5) any aircraft license required pursuant to chapter 360;
(6) any watercraft license required pursuant to chapter 86B;
(7) any license, permit, registration, certification, or other approval pertaining to a
regulatory or management program related to the protection, conservation, or use of or
interference with the resources of land, air, or water, which is required to be obtained
from a state agency or instrumentality; and
(8) any pollution control rule or standard established by the Pollution Control
Agency or any health rule or standard established by the commissioner of health or any
licensing rule or standard established by the commissioner of human services.
Sec. 2.
Minnesota Statutes 2004, section 144.054, subdivision 2, is amended to read:
Subd. 2.
HIV; HBV.
The commissioner may subpoena privileged medical
information of patients who may have been exposed by a licensed dental hygienist, dentist,
physician, nurse, podiatrist, deleted text begin a registereddeleted text end new text begin or new text end dental assistantdeleted text begin ,deleted text end or a physician's assistant who
is infected with the human immunodeficiency virus (HIV) or hepatitis B virus (HBV)
when the commissioner has determined that it may be necessary to notify those patients
that they may have been exposed to HIV or HBV.
Sec. 3.
Minnesota Statutes 2004, section 150A.01, subdivision 5, is amended to read:
Subd. 5.
new text begin Unlicensed new text end dental assistant.
"new text begin Unlicensednew text end new text begin new text end dental assistant" means a person
performing acts authorized under section 150A.10, subdivision 2.
Sec. 4.
Minnesota Statutes 2004, section 150A.01, subdivision 8, is amended to read:
Subd. 8.
deleted text begin Registered deleted text end Dental assistant.
"deleted text begin Registereddeleted text end Dental assistant" means a
person deleted text begin registereddeleted text end new text begin licensednew text end pursuant to deleted text begin section 150A.06deleted text end new text begin sections 150A.01 to 150A.12
to perform the services authorized pursuant to sections 150A.05, subdivision 1b, and
150A.10, subdivision 2new text end .
Sec. 5.
Minnesota Statutes 2004, section 150A.02, subdivision 1, is amended to read:
Subdivision 1.
Generally.
There is hereby created a Board of Dentistry whose duty
it shall be to carry out the purposes and enforce the provisions of sections 150A.01 to
150A.12. The board shall consist of two public members as defined by section 214.02,
five qualified resident dentists, one qualified resident deleted text begin registereddeleted text end dental assistant, and
one qualified resident dental hygienist appointed by the governor. Membership terms,
compensation of members, removal of members, the filling of membership vacancies, and
fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09.
The provision of staff, administrative services and office space; the review and processing
of board complaints; the setting of board fees; and other provisions relating to board
operations shall be as provided in chapter 214. Each board member who is a dentist,
deleted text begin registereddeleted text end dental assistant, or dental hygienist shall have been lawfully in active practice
in this state for five years immediately preceding appointment; and no board member shall
be eligible for appointment to more than two consecutive four-year terms, and members
serving on the board at the time of the enactment hereof shall be eligible to reappointment
provided they shall not have served more than nine consecutive years at the expiration of
the term to which they are to be appointed. At least 90 days prior to the expiration of the
terms of dentists, deleted text begin registereddeleted text end dental assistants, or dental hygienists, the Minnesota Dental
Association, Minnesota Dental Assistants Association, or the Minnesota State Dental
Hygiene Association shall recommend to the governor for each term expiring not less than
two dentists, two deleted text begin registereddeleted text end dental assistants, or two dental hygienists, respectively, who
are qualified to serve on the board, and from the list so recommended the governor may
appoint members to the board for the term of four years, the appointments to be made
within 30 days after the expiration of the terms. Within 60 days after the occurrence of a
dentist, deleted text begin registereddeleted text end dental assistant or dental hygienist vacancy, prior to the expiration of
the term, in the board, the Minnesota Dental Association, the Minnesota Dental Assistants
Association, or the Minnesota State Dental Hygiene Association shall recommend to
the governor not less than two dentists, two deleted text begin registereddeleted text end dental assistants, or two dental
hygienists, who are qualified to serve on the board and from the list so recommended the
governor, within 30 days after receiving such list of dentists, may appoint one member
to the board for the unexpired term occasioned by such vacancy. Any appointment to
fill a vacancy shall be made within 90 days after the occurrence of such vacancy. The
first four-year term of the dental hygienist and of the deleted text begin registereddeleted text end dental assistant shall
commence on the first Monday in January, 1977.
Sec. 6.
Minnesota Statutes 2004, section 150A.03, subdivision 1, is amended to read:
Subdivision 1.
Officers.
The board shall elect from its members a president, a
vice-president, and a secretary. The board shall have a common seal. It may hold meetings
at such times as may be necessary and as it may determine. The board may affiliate and
participate, both in and out-of-state, with regional and national testing agencies for the
purpose of conducting examinations for licensuredeleted text begin and registrationdeleted text end . The fee charged by
such an agency for conducting the examination may be in addition to the application fee
established by the board pursuant to section 150A.06.
Sec. 7.
Minnesota Statutes 2004, section 150A.05, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Practice of dental assisting. new text end
new text begin
A person who performs any duty or related
services delegated by a licensed dentist as permitted by the rules of the board shall be
deemed to be practicing as a dental assistant within the meaning of sections 150A.01 to
150A.12.
new text end
Sec. 8.
Minnesota Statutes 2004, section 150A.05, subdivision 2, is amended to read:
Subd. 2.
Exemptions and exceptions of certain practices and operations.
Sections 150A.01 to 150A.12 do not apply to:
(1) the practice of dentistrydeleted text begin ordeleted text end new text begin ,new text end dental hygienenew text begin , or dental assistingnew text end in any branch
of the armed services of the United States, the United States Public Health Service, or
the United States Veterans Administration;
(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate
dental students, dental hygiene students, and dental assisting students of the University
of Minnesota, schools of dental hygiene, or schools of dental assisting approved by the
board, when acting under the direction and supervision of a licensed dentistdeleted text begin ordeleted text end new text begin ,new text end a licensed
dental hygienistnew text begin , or a licensed dental assistantnew text end acting as an instructor;
(3) the practice of dentistry by licensed dentists of other states or countries while
appearing as clinicians under the auspices of a duly approved dental school or college, or a
reputable dental society, or a reputable dental study club composed of dentists;
(4) the actions of persons while they are taking examinations for licensure
deleted text begin or registration deleted text end administered or approved by the board pursuant to sections 150A.03,
subdivision 1, and 150A.06, subdivisions 1, 2, and 2a;
(5) the practice of dentistry by dentists and dental hygienists licensed by other states
during their functioning as examiners responsible for conducting licensuredeleted text begin or registrationdeleted text end
examinations administered by regional and national testing agencies with whom the
board is authorized to affiliate and participate under section 150A.03, subdivision 1,
and the practice of dentistry by the regional and national testing agencies during their
administering examinations pursuant to section 150A.03, subdivision 1;
(6) the use of X-rays or other diagnostic imaging modalities for making radiographs
or other similar records in a hospital under the supervision of a physician or dentist or
by a person who is credentialed to use diagnostic imaging modalities or X-ray machines
for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing
agency other than the Board of Dentistry; or
(7) the service, other than service performed directly upon the person of a patient, of
constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
splint, orthodontic, prosthetic, or other dental appliance, when performed according
to a written work order from a licensed dentist in accordance with section 150A.10,
subdivision 3.
Sec. 9.
Minnesota Statutes 2004, section 150A.06, subdivision 2a, is amended to read:
Subd. 2a.
deleted text begin Registereddeleted text end Dental deleted text begin assistantdeleted text end new text begin assistantsnew text end .
A person of good moral character,
who has graduated from a dental assisting program accredited by the Commission on
Dental Accreditation of the American Dental Association, may apply for deleted text begin registrationdeleted text end new text begin
licensurenew text end . The applicant must submit an application and fee as prescribed by the board
and the diploma or certificate of dental assisting. In the case of examinations conducted
pursuant to section 150A.03, subdivision 1, applicants shall take the examination before
applying to the board for deleted text begin registrationdeleted text end new text begin licensurenew text end . The examination shall include an
examination of the applicant's knowledge of the laws of Minnesota relating to dentistry
and the rules of the board. An applicant is ineligible to retake the deleted text begin registrationdeleted text end new text begin licensurenew text end
examination required by the board after failing it twice until further education and training
are obtained as specified by board rule. A separate, nonrefundable fee may be charged for
each time a person applies. An applicant who passes the examination in compliance with
subdivision 2b, abides by professional ethical conduct requirements, and meets all the
other requirements of the board shall be deleted text begin registereddeleted text end new text begin licensednew text end as a dental assistant.
Sec. 10.
Minnesota Statutes 2004, section 150A.06, subdivision 2b, is amended to read:
Subd. 2b.
Examination.
When the Board of Dentistry administers the examination
for licensuredeleted text begin or registrationdeleted text end , only those board members or board-appointed deputy
examiners qualified for the particular examination may administer it. An examination
which the board requires as a condition of licensuredeleted text begin or registrationdeleted text end must have been taken
within the five years before the board receives the application for licensuredeleted text begin or registrationdeleted text end .
Sec. 11.
Minnesota Statutes 2004, section 150A.06, subdivision 5, is amended to read:
Subd. 5.
Fraud in securing licenses or registrations.
Every person implicated
in employing fraud or deception in applying for or securing a licensedeleted text begin or registrationdeleted text end to
practice dentistry, dental hygiene, deleted text begin ordeleted text end dental assistingnew text begin ,new text end or in annually renewing a licensedeleted text begin or
registrationdeleted text end under sections 150A.01 to 150A.12 is guilty of a gross misdemeanor.
Sec. 12.
Minnesota Statutes 2004, section 150A.06, subdivision 6, is amended to read:
Subd. 6.
Display of name and certificates.
The initial license and subsequent
renewaldeleted text begin , or current registrationdeleted text end certificatedeleted text begin ,deleted text end of every dentist, dental hygienist, or dental
assistant shall be conspicuously displayed in every office in which that person practices,
in plain sight of patients. 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. 13.
Minnesota Statutes 2004, section 150A.08, subdivision 1, is amended to read:
Subdivision 1.
Grounds.
The board may refuse or by order suspend or revoke, limit
or modify by imposing conditions it deems necessary, any license to practice dentistrydeleted text begin
ordeleted text end new text begin ,new text end dental hygienenew text begin ,new text end or deleted text begin the registration of anydeleted text end dental deleted text begin assistantdeleted text end new text begin assistingnew text end upon any of the
following grounds:
(1) fraud or deception in connection with the practice of dentistry or the securing of
a license deleted text begin or registration certificatedeleted text end ;
(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
contest plea, in any court of a felony or gross misdemeanor reasonably related to the
practice of dentistry as evidenced by a certified copy of the conviction;
(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a
no contest plea, in any court of an offense involving moral turpitude as evidenced by a
certified copy of the conviction;
(4) habitual overindulgence in the use of intoxicating liquors;
(5) improper or unauthorized prescription, dispensing, administering, or personal
or other use of any legend drug as defined in chapter 151, of any chemical as defined in
chapter 151, or of any controlled substance as defined in chapter 152;
(6) conduct unbecoming a person licensed to practice dentistrydeleted text begin ordeleted text end new text begin ,new text end dental hygiene
or deleted text begin registered as adeleted text end dental deleted text begin assistantdeleted text end new text begin assistingnew text end , or conduct contrary to the best interest of the
public, as such conduct is defined by the rules of the board;
(7) gross immorality;
(8) any physical, mental, emotional, or other disability which adversely affects a
dentist's, dental hygienist's, ordeleted text begin registereddeleted text end dental assistant's ability to perform the service
for which the person is licenseddeleted text begin or registereddeleted text end ;
(9) revocation or suspension of a licensedeleted text begin , registration,deleted text end or equivalent authority to
practice, or other disciplinary action or denial of a licensedeleted text begin or registrationdeleted text end application taken
by a licensing, registering, or credentialing authority of another state, territory, or country
as evidenced by a certified copy of the licensing authority's order, if the disciplinary action
or application denial was based on facts that would provide a basis for disciplinary action
under this chapter and if the action was taken only after affording the credentialed person
or applicant notice and opportunity to refute the allegations or pursuant to stipulation
or other agreement;
(10) failure to maintain adequate safety and sanitary conditions for a dental officedeleted text begin in
accordance with thedeleted text end new text begin according tonew text end standards established by the rules of the board;
(11) employing, assisting, or enabling in any manner an unlicensed person to
practice dentistry;
(12) failure or refusal to attend, testify, and produce records as directed by the board
under subdivision 7;
(13) violation of, or failure to comply with, any other provisions of sections 150A.01
to 150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the
board, section 144.335 or 595.02, subdivision 1, paragraph (d), or for any other just cause
related to the practice of dentistry. Suspension, revocation, modification or limitation of
any license shall not be based upon any judgment as to therapeutic or monetary value of
any individual drug prescribed or any individual treatment rendered, but only upon a
repeated pattern of conduct;
(14) knowingly providing false or misleading information that is directly related
to the care of that patient unless done for an accepted therapeutic purpose such as the
administration of a placebo; or
(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;
(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or
(iv) a finding by the board that the person violated section 609.215, subdivision
1 or 2. The board shall investigate any complaint of a violation of section 609.215,
subdivision 1 or 2.
Sec. 14.
Minnesota Statutes 2004, section 150A.08, subdivision 3, is amended to read:
Subd. 3.
Reinstatement.
Any licenseedeleted text begin or registrantdeleted text end whose licensedeleted text begin or registrationdeleted text end has
been suspended or revoked may have the licensedeleted text begin or registrationdeleted text end reinstated or a new license
deleted text begin or registration deleted text end issued, as the case may be, when the board deems the action is warranted.
Sec. 15.
Minnesota Statutes 2004, section 150A.08, subdivision 4, is amended to read:
Subd. 4.
Records.
The executive secretary of the board shall keep a record of all
licensesdeleted text begin and registration certificatesdeleted text end issued, suspended, or revoked.
Sec. 16.
Minnesota Statutes 2004, section 150A.08, subdivision 5, is amended to read:
Subd. 5.
Medical examinations.
If the board has probable cause to believe that a
dentist, dental hygienist,deleted text begin registereddeleted text end dental assistant, or applicant engages in acts described
in subdivision 1, clause (4) or (5), or has a condition described in subdivision 1, clause
(8), it shall direct the dentist, dental hygienist, new text begin dental new text end assistant, or applicant to submit to a
mental or physical examination or a chemical dependency assessment. For the purpose
of this subdivision, every dentist, hygienist, or assistant licenseddeleted text begin or registereddeleted text end under
this chapter or person submitting an application for a licensedeleted text begin or registrationdeleted text end is deemed
to have given consent to submit to a mental or physical examination when directed
in writing by the board and to have waived all objections in any proceeding under this
section to the admissibility of the examining physician's testimony or examination reports
on the ground that they constitute a privileged communication. Failure to submit to an
examination without just cause may result in an application being denied or a default and
final order being entered without the taking of testimony or presentation of evidence,
other than evidence which may be submitted by affidavit, that the licenseedeleted text begin , registrant,deleted text end or
applicant did not submit to the examination. A dentist, dental hygienist,deleted text begin registereddeleted text end dental
assistant, or applicant affected under this section shall at reasonable intervals be afforded
an opportunity to demonstrate ability to start or resume the competent practice of dentistry
or perform the duties of a dental hygienist ordeleted text begin registereddeleted text end dental assistant with reasonable
skill and safety to patients. In any proceeding under this subdivision, neither the record of
proceedings nor the orders entered by the board is admissible, is subject to subpoena, or
may be used against the dentist, dental hygienist,deleted text begin registereddeleted text end dental assistant, or applicant in
any proceeding not commenced by the board. Information obtained under this subdivision
shall be classified as private pursuant to the Minnesota Government Data Practices Act.
Sec. 17.
Minnesota Statutes 2004, section 150A.08, subdivision 6, is amended to read:
Subd. 6.
Medical records.
Notwithstanding contrary provisions of sections 13.384
and 144.651 or any other statute limiting access to medical or other health data, the
board may obtain medical data and health records of a licenseedeleted text begin , registrant,deleted text end or applicant
without the licensee'sdeleted text begin , registrant's,deleted text end or applicant's consent if the information is requested
by the board as part of the process specified in subdivision 5. The medical data may
be requested from a provider, as defined in section 144.335, subdivision 1, clause (b),
an insurance company, or a government agency, including the Department of Human
Services. A provider, insurance company, or government agency shall comply with
any written request of the board under this subdivision and shall not be liable in any
action for damages for releasing the data requested by the board if the data are released
pursuant to a written request under this subdivision, unless the information is false and
the provider giving the information knew, or had reason to believe, the information was
false. Information obtained under this subdivision shall be classified as private under the
Minnesota Government Data Practices Act.
Sec. 18.
Minnesota Statutes 2004, section 150A.08, subdivision 8, is amended to read:
Subd. 8.
Suspension of license.
In addition to any other remedy provided by
law, the board may, through its designated board members pursuant to section 214.10,
subdivision 2, temporarily suspend a licensedeleted text begin or registrationdeleted text end without a hearing if the
board finds that the licenseedeleted text begin or registrantdeleted text end has violated a statute or rule which the board is
empowered to enforce and continued practice by the licenseedeleted text begin or registrantdeleted text end would create an
imminent risk of harm to others. The suspension shall take effect upon written notice to
the licenseedeleted text begin or registrantdeleted text end served by first class mail specifying the statute or rule violated,
and the time, date, and place of the hearing before the board. If the notice is returned by
the post office, the notice shall be effective upon reasonable attempts to locate and serve
the licenseedeleted text begin or registrantdeleted text end . Within ten days of service of the notice, the board shall hold a
hearing before its own members on the sole issue of whether there is a reasonable basis to
continue, modify, or lift the suspension. Evidence presented by the boarddeleted text begin ,deleted text end new text begin ornew text end licenseedeleted text begin ,
or registrant,deleted text end shall be in affidavit form only. The licenseedeleted text begin or registrantdeleted text end or counsel of the
licenseedeleted text begin or registrantdeleted text end may appear for oral argument. Within five working days after the
hearing, the board shall issue its order and, if the suspension is continued, the board
shall schedule a disciplinary hearing to be held pursuant to the Administrative Procedure
Act within 45 days of issuance of the order. The administrative law judge shall issue a
report within 30 days of the closing of the contested case hearing record. The board
shall issue a final order within 30 days of receiving that report. The board may allow a
person who was licensed by any state to practice dentistry and whose license has been
suspended to practice dentistry under the supervision of a licensed dentist for the purpose
of demonstrating competence and eligibility for reinstatement.
Sec. 19.
Minnesota Statutes 2004, section 150A.081, subdivision 1, is amended to read:
Subdivision 1.
Access to data on licenseedeleted text begin or registrantdeleted text end .
When the board has
probable cause to believe that a licensee'sdeleted text begin or registrant'sdeleted text end condition meets a ground listed in
section 150A.08, subdivision 1, clause (4) or (8), it may, notwithstanding sections 13.384,
144.651, or any other law limiting access to medical data, obtain medical or health records
on the licenseedeleted text begin or registrantdeleted text end without the licensee's deleted text begin or registrant'sdeleted text end consent. The medical data
may be requested from a provider, as defined in section 144.335, subdivision 1, paragraph
(b), an insurance company, or a government agency. A provider, insurance company, or
government agency shall comply with a written request of the board under this subdivision
and is not liable in any action for damages for releasing the data requested by the board
if the data are released under the written request, unless the information is false and the
entity providing the information knew, or had reason to believe, the information was false.
Sec. 20.
Minnesota Statutes 2004, section 150A.081, subdivision 2, is amended to read:
Subd. 2.
Access to data on patients.
The board has access to medical records of
a patient treated by a licensee deleted text begin or registrantdeleted text end under review if the patient signs a written
consent permitting access. If the patient has not given consent, the licensee deleted text begin or registrantdeleted text end
must delete data from which a patient may be identified before releasing medical records
to the board.
Sec. 21.
Minnesota Statutes 2004, section 150A.09, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Registrationdeleted text end new text begin Renewalnew text end information and procedure.
On or before
the license deleted text begin or registration certificatedeleted text end expiration datenew text begin ,new text end every licensed dentist, dental
hygienist, and deleted text begin registereddeleted text end dental assistant shall transmit to the executive secretary of the
board, pertinent information required by the board, together with the fee established by the
board. At least 30 days before a license deleted text begin or registration certificatedeleted text end expiration date, the board
shall send a written notice stating the amount and due date of the fee and the information
to be provided to every licensed dentist, dental hygienist, and deleted text begin registereddeleted text end dental assistant.
Sec. 22.
Minnesota Statutes 2004, section 150A.09, subdivision 3, is amended to read:
Subd. 3.
Current address, change of address.
Every dentist, dental hygienist, and
deleted text begin registereddeleted text end dental assistant shall maintain with the board a correct and current mailing
address. For dentists engaged in the practice of dentistry, the address shall be that of the
location of the primary dental practice. Within 30 days after changing addresses, every
dentist, dental hygienist, and deleted text begin registereddeleted text end dental assistant shall provide the board written
notice of the new address either personally or by first class mail.
Sec. 23.
Minnesota Statutes 2004, section 150A.09, subdivision 5, is amended to read:
Subd. 5.
Late fee.
A late fee established by the board shall be paid if the information
and fee required by subdivision 1 is not received by the executive secretary of the board
on or before the deleted text begin registration ordeleted text end license renewal date.
Sec. 24.
Minnesota Statutes 2004, section 150A.10, subdivision 2, is amended to read:
Subd. 2.
new text begin Licensed and unlicensed new text end dental assistants.
Every licensed dentist who
uses the services of any new text begin licensed or new text end unlicensed deleted text begin persondeleted text end new text begin dental assistantnew text end for the purpose of
assistance in the practice of dentistry shall be responsible for the acts of such deleted text begin unlicenseddeleted text end
person while engaged in such assistance. new text begin A licensed dental assistant may provide any
service delegated by a licensed dentist as permitted by the rules of the board. new text end Such dentist
shall permit deleted text begin suchdeleted text end new text begin annew text end unlicensed assistant to perform only those acts which are authorized
to be delegated to unlicensed assistants by the Board of Dentistry. Such acts shall be
performed under supervision of a licensed dentist. The board may permit differing levels
of dental assistance based upon recognized educational standards, approved by the board,
for the training of dental assistants. The board may also define by rule the scope of practice
of deleted text begin registered and nonregistereddeleted text end new text begin licensed and unlicensednew text end dental assistants. The board
by rule may require continuing education for differing levels of dental assistants, as a
condition to their deleted text begin registrationdeleted text end new text begin licensurenew text end or authority to perform their authorized duties. Any
licensed dentist who shall permit deleted text begin suchdeleted text end new text begin a licensed ornew text end unlicensed assistant to perform any
dental service other than that authorized by the board shall be deemed to be enabling an
unlicensed person to practice dentistry, and commission of such an act by deleted text begin suchdeleted text end new text begin a licensed
ornew text end unlicensed assistant shall constitute a violation of sections 150A.01 to 150A.12.
Sec. 25.
Minnesota Statutes 2004, section 214.18, subdivision 5, is amended to read:
Subd. 5.
Regulated person.
"Regulated person" means a licensed dental hygienist,
dentist, physician, nurse who is currently registered as a registered nurse or licensed
practical nurse, podiatrist, deleted text begin a registereddeleted text end dental assistant, a physician's assistant, and for
purposes of sections 214.19, subdivisions 4 and 5; 214.20, paragraph (a); and 214.24,
a chiropractor.
Sec. 26.
Minnesota Statutes 2004, section 352.91, subdivision 3g, is amended to read:
Subd. 3g.
Additional Corrections Department personnel.
(a) "Covered
correctional service" means service by a state employee in one of the employment
positions at the designated Minnesota correctional facility specified in paragraph (b) if at
least 75 percent of the employee's working time is spent in direct contact with inmates and
the fact of this direct contact is certified to the executive director by the commissioner
of corrections.
(b) The qualifying employment positions and the designated correctional facilities
are:
(1) corrections discipline unit supervisor, at the Minnesota Correctional
Facility-Faribault, the Minnesota Correctional Facility-Lino Lakes, the Minnesota
Correctional Facility-Oak Park Heights, the Minnesota Correctional Facility-Rush City,
and the Minnesota Correctional Facility-St. Cloud;
(2) dental assistantdeleted text begin registereddeleted text end , at the Minnesota Correctional Facility-Faribault, the
Minnesota Correctional Facility-Lino Lakes, the Minnesota Correctional Facility-Moose
Lake, the Minnesota Correctional Facility-Oak Park Heights, and the Minnesota
Correctional Facility-Red Wing;
(3) dental hygienist, at the Minnesota Correctional Facility-Shakopee and the
Minnesota Correctional Facility-Rush City;
(4) psychologist 2, at the Minnesota Correctional Facility-Faribault, the Minnesota
Correctional Facility-Lino Lakes, the Minnesota Correctional Facility-Moose Lake,
the Minnesota Correctional Facility-Oak Park Heights, the Minnesota Correctional
Facility-Red Wing, the Minnesota Correctional Facility-Rush City, the Minnesota
Correctional Facility-St. Cloud, the Minnesota Correctional Facility-Shakopee, and the
Minnesota Correctional Facility-Stillwater; or
(5) sentencing to service crew leader involved with the inmate community work
crew program, at the Minnesota Correctional Facility-Faribault and the Minnesota
Correctional Facility-Lino Lakes.