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SF 288

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/27/2011 01:36pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; regulating dental laboratories; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 150A.

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

Section 1.

new text begin [150A.24] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 150A.24 to 150A.30, the
following terms have the meaning given.
new text end

new text begin Subd. 2. new text end

new text begin Dental laboratory. new text end

new text begin "Dental laboratory" means a corporation, partnership,
or sole proprietor engaged in the manufacture or repair of dental prosthetic appliances.
This definition includes a dental laboratory that is located within a dental practice if the
practice employs or contracts with dental technicians to perform dental laboratory work.
new text end

new text begin Subd. 3. new text end

new text begin Certified dental technician. new text end

new text begin "Certified dental technician" means a dental
technician who has met the standards set by the National Board for Certification in Dental
Laboratory Technology or its equivalent as established by the Board of Dentistry.
new text end

new text begin Subd. 4. new text end

new text begin Work order. new text end

new text begin "Work order" means a written instrument prescribed by a
dentist licensed under this chapter directing a registered dental laboratory to manufacture,
fabricate, or repair a dental prosthetic appliance for an individual patient.
new text end

new text begin Subd. 5. new text end

new text begin Work authorization. new text end

new text begin "Work authorization" means a written instrument by
which a registered dental laboratory subcontracts to another registered dental laboratory
all or part of the fabrication or repair of a dental prosthetic appliance authorized by a work
order by a dentist licensed under this chapter.
new text end

Sec. 2.

new text begin [150A.25] REGISTRATION FOR DENTAL LABORATORIES.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin Beginning January 1, 2012, no dental laboratory shall
manufacture, fabricate, or repair a dental prosthetic appliance pursuant to a work order
prescribed by a dentist licensed under this chapter or accept work from another dental
laboratory pursuant to a work authorization unless the dental laboratory is registered
with the Board of Dentistry.
new text end

new text begin Subd. 2. new text end

new text begin Registration requirements. new text end

new text begin An application for an initial registration and
for renewal must be submitted to the board on a form provided by the board accompanied
with the registration fee required under section 150A.30. The application must contain:
new text end

new text begin (1) the name(s) of the laboratory;
new text end

new text begin (2) the physical address of the laboratory;
new text end

new text begin (3) verification that the laboratory meets the infectious disease control requirements
under Occupational Safety and Health Administration (OSHA) and the Centers for
Disease Control and Prevention (CDC) of the United States Public Health Service;
new text end

new text begin (4) verification that the laboratory meets one of the following:
new text end

new text begin (i) National Board for Certification in Dental Laboratory Technology (NBC)
certification;
new text end

new text begin (ii) ISO certification;
new text end

new text begin (iii) Dental Appliance Manufacturers Audit System (DAMAS) certification; or
new text end

new text begin (iv) the employment of certified dental technicians (CDT) in the laboratory; and
new text end

new text begin (5) any other relevant information deemed necessary by the board.
new text end

new text begin Subd. 3. new text end

new text begin Unique registration number. new text end

new text begin Upon approval, the board shall issue a
registration and a unique registration number to the dental laboratory.
new text end

new text begin Subd. 4. new text end

new text begin Registration term; renewal. new text end

new text begin (a) Registration shall be valid for two years
from the date of issuance and may be renewed upon submitting the information required
in subdivision 2 and the registration renewal fee required in section 150A.30.
new text end

new text begin (b) At renewal, a registered dental laboratory must submit an affidavit to the board,
on a form prescribed by the board, that each dental technician employed by or under
contract with the laboratory has met the continuing education requirements specified
in section 150A.29.
new text end

new text begin Subd. 5. new text end

new text begin Inspections. new text end

new text begin (a) The board shall have the authority to inspect a registered
dental laboratory and to review any records necessary to ensure that the requirements
of sections 150A.24 to 150A.30 are met.
new text end

new text begin (b) The board shall have the authority to enter the premises to make an inspection.
Refusal to permit an inspection constitutes valid grounds for registration denial or
revocation.
new text end

Sec. 3.

new text begin [150A.26] WORK ORDER REQUIRED.
new text end

new text begin No registered dental laboratory shall perform any dental technological work for a
dentist licensed under this chapter without a valid work order from the licensed dentist,
unless the work is being performed by the licensed dentist within the dentist's office.
A work order may be handwritten and may be faxed or sent electronically using an
electronic signature.
new text end

Sec. 4.

new text begin [150A.27] MATERIAL CONTENT NOTICE.
new text end

new text begin (a) A registered dental laboratory shall inform the dentist who issued the work
order of:
new text end

new text begin (1) the country of origin where the technological work was performed in whole
or in part; and
new text end

new text begin (2) the name, physical address, and registration number of the laboratory or
laboratories authorized to manufacture or repair the dental prosthesis, either directly
or through a work authorization.
new text end

new text begin (b) A registered dental laboratory shall disclose to the dentist the complete material
content of the dental prosthetic appliance in a manner that can be easily entered into a
patient record. Upon receipt of the material content notice, the dentist must include the
information in the record of the patient for whom the prosthesis is intended.
new text end

new text begin (c) A registered dental laboratory must comply with section 150A.21.
new text end

Sec. 5.

new text begin [150A.28] PROHIBITION AGAINST THE USE OF A NONREGISTERED
DENTAL LABORATORY.
new text end

new text begin (a) A dentist licensed under this chapter must use a dental laboratory registered
under sections 150A.24 to 150A.30 for any dental laboratory work that is performed
outside of the office of a licensed dentist. If a dental technician performs dental laboratory
work within the dentist's office, the dentist must register with the board and must comply
with the requirements in sections 150A.24 to 150A.30.
new text end

new text begin (b) No registered dental laboratory shall subcontract all or part of any dental
laboratory work that is prescribed by a work order to another dental laboratory unless the
laboratory is registered by the board in accordance with sections 150A.24 to 150A.30.
new text end

Sec. 6.

new text begin [150A.29] CONTINUING EDUCATION REQUIREMENTS.
new text end

new text begin (a) A registered dental laboratory must maintain on file documentation certifying
that each dental technician employed by or under contract with the laboratory has
completed eight hours of continuing education biennially. The documentation for each
dental technician must include the date, location, sponsor, subject matter, and attendance
hours of each completed continuing education course as well as any receipts, vouchers,
or certificates as may be necessary to document completion of the continuing education
requirement. The documentation must be retained for each dental technician for at least
two registration renewal cycles.
new text end

new text begin (b) A continuing education course must contribute directly to the education of the
dental technician to improve dental health care delivery, and must address one or more of
the following areas of professional development:
new text end

new text begin (1) laboratory and technological subjects, including, but not limited to, laboratory
techniques, procedures, materials, and equipment; and
new text end

new text begin (2) oral health, infection control, and patient safety.
new text end

new text begin (c) The board shall develop criteria that must be met by a continuing education
course in order for the course to be approved.
new text end

Sec. 7.

new text begin [150A.30] FEES.
new text end

new text begin (a) The fee for the initial registration and biennial registration renewal is $300.
new text end

new text begin (b) The fee specified in this section is nonrefundable and shall be deposited in the
state government special revenue fund.
new text end

Sec. 8. new text begin APPROPRIATIONS.
new text end

new text begin $....... is appropriated for fiscal year 2012 and $....... is appropriated for fiscal year
2013 from the state government special revenue fund for the purpose of implementing
Minnesota Statutes, sections 150A.24 to 150A.30.
new text end