SF 2753

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

  1.1                          A bill for an act 
  1.2             relating to health occupations; authorizing a licensed 
  1.3             dentist who holds a medical degree to be identified by 
  1.4             that degree; amending Minnesota Statutes 2002, 
  1.5             sections 147.081, subdivision 3; 150A.11, subdivision 
  1.6             1.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 147.081, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [PRACTICE OF MEDICINE DEFINED.] For purposes of 
  1.11  this chapter, a person not exempted under section 147.09 is 
  1.12  "practicing medicine" or engaged in the "practice of medicine" 
  1.13  if the person does any of the following:  
  1.14     (1) advertises, holds out to the public, or represents in 
  1.15  any manner that the person is authorized to practice medicine in 
  1.16  this state; 
  1.17     (2) offers or undertakes to prescribe, give, or administer 
  1.18  any drug or medicine for the use of another; 
  1.19     (3) offers or undertakes to prevent or to diagnose, 
  1.20  correct, or treat in any manner or by any means, methods, 
  1.21  devices, or instrumentalities, any disease, illness, pain, 
  1.22  wound, fracture, infirmity, deformity or defect of any person; 
  1.23     (4) offers or undertakes to perform any surgical operation 
  1.24  including any invasive or noninvasive procedures involving the 
  1.25  use of a laser or laser assisted device, upon any person; 
  1.26     (5) offers to undertake to use hypnosis for the treatment 
  2.1   or relief of any wound, fracture, or bodily injury, infirmity, 
  2.2   or disease; or 
  2.3      (6) uses in the conduct of any occupation or profession 
  2.4   pertaining to the diagnosis of human disease or conditions, the 
  2.5   designation "doctor of medicine," "medical doctor," "doctor of 
  2.6   osteopathy," "osteopath," "osteopathic physician," "physician," 
  2.7   "surgeon," "M.D.," "D.O.," or any combination of these 
  2.8   designations, except as permitted under section 150A.11. 
  2.9      Sec. 2.  Minnesota Statutes 2002, section 150A.11, 
  2.10  subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [UNLAWFUL PRACTICE.] It is unlawful for any 
  2.12  person to:  enable an unlicensed person to practice dentistry; 
  2.13  to practice or attempt to practice dentistry without a license; 
  2.14  to practice dentistry under the name of a corporation or 
  2.15  company; or to practice under any name that may tend to deceive 
  2.16  the public or imply professional superiority to or greater skill 
  2.17  than that possessed by another dentist.  If a dentist practices 
  2.18  under the dentist's own name, any public display or cards shall 
  2.19  include the initials of the dentist's dental degree, such as 
  2.20  D.D.S. or D.M.D., following the name.  A dentist licensed under 
  2.21  this chapter who holds a degree as a doctor of medicine but is 
  2.22  not licensed as a physician under chapter 147 may include the 
  2.23  initials "M.D." if it is clearly indicated that the dentist is a 
  2.24  practitioner of dentistry.  If a dentist practices under another 
  2.25  name, the name shall include some designation which makes clear 
  2.26  that the person is practicing dentistry or a specialty of 
  2.27  dentistry; and that the names of all of the participating 
  2.28  dentists practicing under the name be clearly identified on 
  2.29  letterheads and building or office signs that display a name 
  2.30  other than the dentist's own name.  Any communication between 
  2.31  dentist and patient shall clearly indicate the name of the 
  2.32  dentist treating the patient.  The board may promulgate rules 
  2.33  regarding the name under which a dentist may practice.  No 
  2.34  corporation shall practice dentistry or engage in it, or hold 
  2.35  itself out as being entitled to practice dentistry, or furnish 
  2.36  dental services or dentists, or advertise under or assume the 
  3.1   title of dentists or dental surgeons or equivalent title.  No 
  3.2   corporation shall furnish dental advice, or advertise or hold 
  3.3   itself out with any other person or alone, that it has or owns a 
  3.4   dental office or can furnish dental service, dentists, or dental 
  3.5   surgeons, or solicit, through itself, or its agents, officers, 
  3.6   employees, directors or trustees, dental patronage for any 
  3.7   dentist or dental surgeon.  This section: 
  3.8      (1) Does not apply to any licensee while acting as an 
  3.9   instructor in or under the University of Minnesota, the Mayo 
  3.10  Foundation, or any other school in the state recognized by the 
  3.11  state Board of Dentistry; 
  3.12     (2) Does not prohibit dentists from incorporating their 
  3.13  practice of dentistry for business purposes under the special 
  3.14  provisions of a corporate practice act for dentistry; 
  3.15     (3) Shall not be construed to change or amend the right of 
  3.16  licensed dentists to provide dental care under any form of 
  3.17  organization that is lawful under the laws of this state, or to 
  3.18  contract to sell their services in any manner that is lawful 
  3.19  under the laws of this state.