SF 3256

as introduced - 92nd Legislature (2021 - 2022) Posted on 06/27/2022 08:35am

A bill for an act
relating to health; modifying requirements for specialty and guest dentist licensure;
modifying requirements for display of and procedure for licenses and registration
certificates; providing dental therapy licensure by credentials; modifying application
and initial fees; providing civil penalties; amending Minnesota Statutes 2020,
sections 150A.06, subdivisions 1c, 2c, 6, by adding a subdivision; 150A.09;
150A.091, subdivisions 1, 2, 5, 8, 9, by adding subdivisions; repealing Minnesota
Statutes 2020, section 150A.091, subdivisions 3, 15, 17.

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

Section 1.

Minnesota Statutes 2020, section 150A.06, subdivision 1c, is amended to read:

Subd. 1c.

Specialty dentists.

(a) The board may grant one or more specialty licenses in
the specialty areas of dentistry that are recognized by the Commission on Dental
Accreditation.

(b) An applicant for a specialty license shall:

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

(2) have been certified by a specialty 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 for each specialty area;

(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 Board Dental 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;

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

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

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

deleted text begin (5) deleted text end new text begin (2) new text end a nonrefundable fee; and

deleted text begin (6) deleted text end new text begin (3) new text end a deleted text begin notarized, unmounted passport-type photograph, three inches by three inches,
taken not more than six months before the date of application deleted text end new text begin copy of the applicant's
government issued photo identification card new text end .

(d) A specialty dentist holding one or more specialty licenses is limited to practicing in
the dentist's designated specialty area or areas. The scope of practice must be defined by
each national specialty board recognized by the Commission on Dental Accreditation.

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

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

Sec. 2.

Minnesota Statutes 2020, 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 another United States jurisdiction;

(2) the dentist, dental hygienist, or dental assistant is currently engaged in the practice
of that person's respective profession in another United States jurisdiction;

(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 deleted text begin not to exceed $75 deleted text end .

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

(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 jurisdictions in which they
are licensed.

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

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

(2) the care will be provided without compensation; and

(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 begin (f) new text end 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 begin (g) new text end The holder of a guest license for volunteer services shall be subject to state 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.

Sec. 3.

Minnesota Statutes 2020, section 150A.06, subdivision 6, is amended to read:

Subd. 6.

Display of name and certificates.

(a) The renewal certificate of deleted text begin every dentist,
dental therapist, dental hygienist, or dental assistant deleted text end new text begin every licensee or registrant new text end must be
conspicuously displayed in plain sight of patients in every office in which that person
practices. Duplicate renewal certificates may be obtained from the board.

(b) 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, must be
displayed in plain sight.

(c) The board must allow the display of a mini-license for guest license holders
performing volunteer dental services. There is no fee for the mini-license for guest volunteers.

Sec. 4.

Minnesota Statutes 2020, section 150A.06, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Licensure by credentials for dental therapy. new text end

new text begin (a) Any dental therapist may,
upon application and payment of a fee established by the board, apply for licensure based
on an evaluation of the applicant's education, experience, and performance record. The
applicant may be interviewed by the board to determine if the applicant:
new text end

new text begin (1) graduated with a baccalaureate or master's degree from a dental therapy program
accredited by the Commission on Dental Accreditation;
new text end

new text begin (2) provided evidence of successfully completing the board's jurisprudence examination;
new text end

new text begin (3) actively practiced 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;
new text end

new text begin (4) either:
new text end

new text begin (i) is currently licensed in another state or Canadian province and not subject to any
pending or final disciplinary action; or
new text end

new text begin (ii) was previously licensed in another state or Canadian province in good standing and
not subject to any final or pending disciplinary action at the time of surrender;
new text end

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

new text begin (6) met all curriculum equivalency requirements regarding dental therapy scope of
practice in Minnesota.
new text end

new text begin (b) The 2,000 practice hours required by clause (3) may count toward the 2,000 practice
hours required for consideration for advanced dental therapy certification, provided that all
other requirements of section 150A.106, subdivision 1, are met.
new text end

new text begin (c) The board, at its discretion, may waive specific licensure requirements in paragraph
(a).
new text end

new text begin (d) The board must license an applicant who fulfills the conditions of this subdivision
and demonstrates the minimum knowledge in dental subjects required for licensure under
subdivision 1d to practice the applicant's profession.
new text end

new text begin (e) The board must deny the application if the applicant does not demonstrate the
minimum knowledge in dental subjects required for licensure under subdivision 1d. If
licensure is denied, the board may notify the applicant of any specific remedy the applicant
could take to qualify for licensure. A denial does not prohibit the applicant from applying
for licensure under subdivision 1d.
new text end

new text begin (e) A candidate may appeal a denied application to the board according to subdivision
4a.
new text end

Sec. 5.

Minnesota Statutes 2020, section 150A.09, is amended to read:

150A.09 deleted text begin REGISTRATION OF deleted text end LICENSES deleted text begin AND deleted text end new text begin OR new text end REGISTRATION
CERTIFICATES.

Subdivision 1.

Registration information and procedure.

On or before the license
certificate expiration date every deleted text begin licensed dentist, dental therapist, dental hygienist, and
dental assistant deleted text end new text begin licensee or registrant new text end shall deleted text begin transmit to the executive secretary of the board,
pertinent information deleted text end new text begin submit the renewal new text end required by the board, together with the new text begin applicable new text end
fee deleted text begin established by the board deleted text end new text begin under section 150A.091 new text end . At least 30 days before a license
certificate expiration date, the board shall send a written notice stating the amount and due
date of the fee deleted text begin and the information to be provided to every licensed dentist, dental therapist,
dental hygienist, and dental assistant deleted text end .

Subd. 3.

Current address, change of address.

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

Subd. 4.

Duplicate certificates.

Duplicate licenses or duplicate certificates of deleted text begin license deleted text end
renewal may be issued by the board upon satisfactory proof of the need for the duplicates
and upon payment of the fee established by the board.

Subd. 5.

Late fee.

A late fee established by the board shall be paid if the deleted text begin information
and deleted text end fee required by subdivision 1 is not received by deleted text begin the executive secretary of deleted text end the board on
or before the registration or deleted text begin license deleted text end renewal date.

Sec. 6.

Minnesota Statutes 2020, section 150A.091, subdivision 1, is amended to read:

Subdivision 1.

Fee refunds.

No fee may be refunded for any reason.

Sec. 7.

Minnesota Statutes 2020, section 150A.091, subdivision 2, is amended to read:

Subd. 2.

Application new text begin and initial license or registration new text end fees.

Each applicant shall
submit with a license, advanced dental therapist certificate, or permit application a
nonrefundable fee in the following amounts in order to administratively process an
application:

(1) dentist, deleted text begin $140 deleted text end new text begin $308 new text end ;

(2) full faculty dentist, deleted text begin $140 deleted text end new text begin $308 new text end ;

(3) limited faculty dentist, $140;

(4) resident dentist or dental provider, $55;

(5) advanced dental therapist, $100;

(6) dental therapist, deleted text begin $100 deleted text end new text begin $220 new text end ;

(7) dental hygienist, deleted text begin $55 deleted text end new text begin $115 new text end ;

(8) licensed dental assistant, deleted text begin $55; and deleted text end new text begin $115;
new text end

(9) dental assistant with deleted text begin a permit deleted text end new text begin registration new text end as described in Minnesota Rules, part
3100.8500, subpart 3, deleted text begin $15. deleted text end new text begin $27; and
new text end

new text begin (10) guest license, $50.
new text end

Sec. 8.

Minnesota Statutes 2020, section 150A.091, subdivision 5, is amended to read:

Subd. 5.

Biennial license or deleted text begin permit deleted text end new text begin registration renewal new text end fees.

Each of the following
applicants shall submit with a biennial license or permit renewal application a fee as
established by the board, not to exceed the following amounts:

(1) dentist or full faculty dentist, $475;

(2) dental therapist, $300;

(3) dental hygienist, $200;

(4) licensed dental assistant, $150; and

(5) dental assistant with a deleted text begin permit deleted text end new text begin registration new text end as described in Minnesota Rules, part
3100.8500, subpart 3, $24.

Sec. 9.

Minnesota Statutes 2020, section 150A.091, subdivision 8, is amended to read:

Subd. 8.

Duplicate license or certificate fee.

Each applicant shall submit, with a request
for issuance of a duplicate of the original license, or of an annual or biennial renewal
certificate for a license or permit, a fee in the following amounts:

(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental assistant
license, $35; new text begin and
new text end

(2) annual or biennial renewal certificates, $10 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (3) wallet-sized license and renewal certificate, $15.
deleted text end

Sec. 10.

Minnesota Statutes 2020, section 150A.091, subdivision 9, is amended to read:

Subd. 9.

Licensure by credentials.

Each applicant for licensure as a dentist, dental
hygienist, or dental assistant by credentials pursuant to section 150A.06, subdivisions 4 and
8, and Minnesota Rules, part 3100.1400, shall submit with the license application a fee in
the following amounts:

(1) dentist, deleted text begin $725 deleted text end new text begin $893 new text end ;

(2) dental hygienist, deleted text begin $175; and deleted text end new text begin $235;
new text end

(3) dental assistant, deleted text begin $35. deleted text end new text begin $71; and
new text end

new text begin (4) dental therapist, $340.
new text end

Sec. 11.

Minnesota Statutes 2020, section 150A.091, is amended by adding a subdivision
to read:

new text begin Subd. 21. new text end

new text begin Failure to practice with a current license. new text end

new text begin (a) If a licensee practices without
a current license and pursues reinstatement, the board may take the following administrative
actions based on the length of time practicing without a current license:
new text end

new text begin (1) for under one month, the board may not assess a penalty fee;
new text end

new text begin (2) for one month to six months, the board may assess a penalty of $250;
new text end

new text begin (3) for over six months, the board may assess a penalty of $500; and
new text end

new text begin (4) for over 12 months, the board may assess a penalty of $1,000.
new text end

new text begin (b) In addition to the penalty fee, the board shall initiate the complaint process against
the licensee for failure to practice with a current license for over 12 months.
new text end

Sec. 12.

Minnesota Statutes 2020, section 150A.091, is amended by adding a subdivision
to read:

new text begin Subd. 22. new text end

new text begin Delegating regulated procedures to an individual with a terminated
license. new text end

new text begin (a) If a dentist or dental therapist delegates regulated procedures to another dental
professional who had their license terminated, the board may take the following
administrative actions against the delegating dentist or dental therapist based on the length
of time they delegated regulated procedures:
new text end

new text begin (1) for under one month, the board may not assess a penalty fee;
new text end

new text begin (2) for one month to six months, the board may assess a penalty of $100;
new text end

new text begin (3) for over six months, the board may assess a penalty of $250; and
new text end

new text begin (4) for over 12 months, the board may assess a penalty of $500.
new text end

new text begin (b) In addition to the penalty fee, the board shall initiate the complaint process against
a dentist or dental therapist who delegated regulated procedures to a dental professional
with a terminated license for over 12 months.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 150A.091, subdivisions 3, 15, and 17, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-05641

150A.091 FEES.

Subd. 3.

Initial license or permit fees.

Along with the application fee, each of the following applicants shall submit a separate initial license or permit fee. The initial fee shall be established by the board not to exceed the following nonrefundable fee amounts:

(1) dentist or full faculty dentist, $168;

(2) dental therapist, $120;

(3) dental hygienist, $60;

(4) licensed dental assistant, $36; and

(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500, subpart 3, $12.

Subd. 15.

Verification of licensure.

Each institution or corporation shall submit with a request for verification of a license a fee in the amount of $5 for each license to be verified.

Subd. 17.

Advanced dental therapy examination fee.

Any dental therapist eligible to sit for the advanced dental therapy certification examination must submit with the application a fee as established by the board, not to exceed $250.