Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 84-H.F.No. 1428 
           An act relating to occupations and professions; 
          dentistry; modifying a certain exception to the 
          licensing requirements; establishing faculty, resident 
          dentist, and specialty licenses; modifying a certain 
          ground for disciplinary action; amending Minnesota 
          Statutes 1992, sections 150A.01, by adding 
          subdivisions; 150A.05, subdivision 2; 150A.06, by 
          adding subdivisions; and 150A.08, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 150A.01, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [FACULTY DENTIST.] "Faculty dentist" means a 
person who is licensed to practice dentistry as a faculty member 
of a school of dentistry. 
    Sec. 2.  Minnesota Statutes 1992, section 150A.01, is 
amended by adding a subdivision to read: 
    Subd. 8a.  [RESIDENT DENTIST.] "Resident dentist" means a 
person who is licensed to practice dentistry as an enrolled 
graduate student or student of an advanced education program 
accredited by the American Dental Association Commission on 
Accreditation. 
    Sec. 3.  Minnesota Statutes 1992, 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) A duly licensed physician and surgeon unless the 
licensee practices dentistry as a specialty; 
    (2) The practice of dentistry in any branch of the armed 
services of the United States, the United States Public Health 
Service, or the United States Veterans Administration; 
    (3) Dental schools, colleges or schools of dental hygiene, 
or schools of dental assisting approved by the board of 
dentistry, and 
    (2) The practice of dentistry, dental hygiene, or dental 
assisting by undergraduate dental students, dental hygiene 
students, and dental assisting students in dental schools or 
colleges, graduate dental programs of the University of 
Minnesota or the Mayo Foundation, schools of dental hygiene, or 
schools of dental assisting approved by the board, when acting 
under the direction and supervision of a licensed dentists 
dentist or a licensed dental hygienist acting as instructors an 
instructor; 
    (4) (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; 
    (5) (4) The actions of persons while they are taking 
examinations for licensure or registration administered or 
approved by the board pursuant to section 150A.03, subdivision 
1, and 150A.06, subdivisions 1, 2, and 2a; 
    (6) (5) The practice of dentistry by dentists and dental 
hygienists licensed by other states during their functioning as 
examiners responsible for conducting licensure or registration 
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; 
    (7) (6) The use of roentgens or other rays for making 
roentgenograms or similar records of dental or oral 
tissues 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 
    (8) (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. 4.  Minnesota Statutes 1992, section 150A.06, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [FACULTY DENTISTS.] Faculty members of a school 
of dentistry must be licensed or registered in order to practice 
dentistry as defined in section 150A.05.  The board may issue to 
members of the faculty of a school of dentistry a license 
designated as a "faculty license" entitling the holder to 
practice dentistry within the school and its affiliated teaching 
facilities, but only for the purposes of instructing or 
conducting research.  The practice of dentistry at a school 
facility for purposes other than instruction or research is not 
allowed unless the faculty member is licensed under subdivision 
1 or is a faculty member on the effective date of this section.  
The dean of the school of dentistry shall certify to the board 
those members of the school's faculty who practice dentistry but 
are not licensed to practice dentistry in Minnesota.  A faculty 
member who practices dentistry as defined in section 150A.05, 
before beginning duties in the school of dentistry, shall apply 
to the board for a faculty license.  The license expires the 
next July 1 and may, at the discretion of the board, be renewed 
on a yearly basis.  The faculty applicant shall pay a 
nonrefundable fee set by the board for issuing and renewing the 
faculty license.  The faculty license is valid during the time 
the holder remains a member of the faculty of a school of 
dentistry and subjects the holder to this chapter.  This 
subdivision takes effect on September 1 following the date that 
the rules adopted under this subdivision become effective.  
    Sec. 5.  Minnesota Statutes 1992, section 150A.06, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [RESIDENT DENTISTS.] A person who is a graduate 
of a dental school and is an enrolled graduate student or 
student of an accredited advanced dental education program and 
who is not licensed to practice dentistry in the state shall 
obtain from the board a license to practice dentistry as a 
resident dentist.  The license must be designated "resident 
dentist license" and authorizes the licensee to practice 
dentistry only under the supervision of a licensed dentist.  A 
resident dentist license must be renewed annually pursuant to 
the board's rules.  An applicant for a resident dentist license 
shall pay a nonrefundable fee set by the board for issuing and 
renewing the license.  The requirements of sections 150A.01 to 
150A.21 apply to resident dentists except as specified in rules 
adopted by the board.  A resident dentist license does not 
qualify a person for licensure under subdivision 1.  This 
subdivision takes effect on September 1 following the date that 
the rules adopted under this subdivision become effective.  
    Sec. 6.  Minnesota Statutes 1992, section 150A.06, is 
amended by adding a subdivision to read: 
    Subd. 1c.  [SPECIALTY DENTISTS.] (a) The board may grant a 
specialty license in the following areas of dentistry:  
    (1) endodontics; 
    (2) oral and maxillofacial surgery; 
    (3) oral pathology; 
    (4) orthodontics; 
    (5) pediatric dentistry; 
    (6) periodontics; 
    (7) prosthodontics; and 
    (8) public health. 
    (b) Notwithstanding section 147.081, subdivision 3, a 
person practicing in the specialty area of oral and 
maxillofacial surgery must either be licensed by the board under 
subdivision 1, or have a specialty license in the oral and 
maxillofacial surgery specialty area.  Notwithstanding paragraph 
(c), an oral and maxillofacial surgery specialty license may be 
issued to a person not licensed under subdivision 1.  
    (c) An applicant for a specialty license shall: 
    (1) have successfully completed an advanced education 
program approved by the commission on accreditation in one of 
the specialty areas; 
    (2) have announced a limitation of practice before 1967; or 
    (3) have been certified by a specialty examining board 
approved by the board.  
    The board shall also require the applicant to be licensed 
under subdivision 1 or have an equivalent license in another 
state as determined by the board, meet all other requirements 
prescribed by the board, and pay a nonrefundable fee set by the 
board. 
    (d) A dentist with an equivalent license in another state 
and a specialty license in Minnesota is limited in Minnesota to 
practicing only in the specialty license area as defined by the 
board. 
     Sec. 7.  Minnesota Statutes 1992, section 150A.06, is 
amended by adding a subdivision to read: 
     Subd. 4b.  [APPEAL OF DENIAL OF APPLICATION.] A person 
whose application for licensure by credentials has been denied 
may appeal the decision to the board.  The board shall establish 
an appeals process and inform a denied candidate of the right to 
appeal and the process for filing the appeal. 
    Sec. 8.  Minnesota Statutes 1992, 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 dentistry or dental 
hygiene or the registration of any dental assistant upon any of 
the following grounds: 
    (1) Fraud or deception in connection with the practice of 
dentistry or the securing of a license or annual registration 
certificate; 
    (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 
dentistry or dental hygiene or registered as a dental assistant, 
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, or 
registered dental assistant's ability to perform the service for 
which the person is licensed or registered; 
    (9) Revocation or suspension of a license, registration, or 
equivalent authority to practice, or other disciplinary action 
or denial of a license or registration 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 office in accordance with the 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. 
    Presented to the governor May 3, 1993 
    Signed by the governor May 5, 1993, 6:25 p.m.