1.1                          A bill for an act 
  1.2             relating to occupations; regulating the practice of 
  1.3             dental hygiene; amending Minnesota Statutes 1994, 
  1.4             sections 150A.05; 150A.06, subdivision 2; and 150A.10, 
  1.5             subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 150A.05, is 
  1.8   amended to read: 
  1.9      150A.05 [LICENSED DENTAL PRACTICE ~~OF DENTISTRY~~.] 
  1.10     Subdivision 1.  [~~DEFINITION~~ PRACTICE OF DENTISTRY.] A 
  1.11  person shall be deemed to be practicing dentistry within the 
  1.12  meaning of sections 150A.01 to 150A.12: 
  1.13     (1) who uses a dental degree, or designation, or card, 
  1.14  device, directory, sign, or other media whereby the person 
  1.15  represents an ability to diagnose, treat, prescribe, or operate 
  1.16  for any disease, pain, deformity, deficiency, injury, or 
  1.17  physical condition of the human tooth, teeth, alveolar process, 
  1.18  gums or jaw, or adjacent or associated structures; ~~or~~ 
  1.19     (2) who is a manager, proprietor, operator or conductor of 
  1.20  a place where dental operations are performed; ~~or~~ 
  1.21     (3) who performs dental operations of any kind 
  1.22  gratuitously, or for a fee, gift, compensation or reward, paid 
  1.23  or to be paid, to any person or agency; ~~or~~ 
  1.24     (4) who uses a roentgen or X-ray machine for dental 
  1.25  treatment, roentgenograms or for dental diagnostic purposes; ~~or~~ 
  2.1      (5) who extracts a human tooth or teeth, or corrects or 
  2.2   attempts to correct malpositions of the human teeth or jaws; ~~or~~ 
  2.3      (6) who offers and undertakes, by any means or method, to 
  2.4   diagnose, treat or remove stains or accretions from human teeth 
  2.5   or jaws; ~~or~~ 
  2.6      (7) who takes impressions of the human tooth, teeth, or 
  2.7   jaws or performs any phase of any operation incident to the 
  2.8   replacement of a part of a tooth, a tooth, teeth or associated 
  2.9   tissues by means of a filling, a crown, a bridge, a denture or 
  2.10  other appliance; ~~or~~ 
  2.11     (8) who furnishes, supplies, constructs, reproduces, ~~or~~ 
  2.12  repairs, or offers to furnish, supply, construct, reproduce or 
  2.13  repair prosthetic dentures or plates, bridges or other 
  2.14  substitutes for natural teeth, to the user or prospective user 
  2.15  thereof; or 
  2.16     (9) who performs any clinical operation included in the 
  2.17  curricula of recognized dental schools and colleges.  
  2.18     Subd. 1a.  [PRACTICE OF DENTAL HYGIENISTS.] A person shall 
  2.19  be deemed to be practicing as a dental hygienist within the 
  2.20  meaning of sections 150A.01 to 150A.12: 
  2.21     (1) who provides care that is educational, preventive, and 
  2.22  therapeutic through observation, assessment, evaluation, 
  2.23  counseling, and therapeutic services to establish and maintain 
  2.24  oral health; 
  2.25     (2) who evaluates patient health status through review of 
  2.26  medical and dental histories, assesses and plans dental hygiene 
  2.27  care needs, performs a prophylaxis including complete removal of 
  2.28  calciferous deposits, accretions and stains by scaling, 
  2.29  polishing, and performs root planing and debridement; 
  2.30     (3) who administers local anesthesia and nitrous oxide 
  2.31  inhalation analgesia; or 
  2.32     (4) who provides other related services as permitted by the 
  2.33  rules of the board. 
  2.34     Subd. 2.  [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES 
  2.35  AND OPERATIONS.] Sections 150A.01 to 150A.12 do not apply to: 
  2.36     (1) the practice of dentistry or dental hygiene in any 
  3.1   branch of the armed services of the United States, the United 
  3.2   States Public Health Service, or the United States Veterans 
  3.3   Administration; 
  3.4      (2) the practice of dentistry, dental hygiene, or dental 
  3.5   assisting by undergraduate dental students, dental hygiene 
  3.6   students, and dental assisting students of the University of 
  3.7   Minnesota, schools of dental hygiene, or schools of dental 
  3.8   assisting approved by the board, when acting under the direction 
  3.9   and supervision of a licensed dentist or a licensed dental 
  3.10  hygienist acting as an instructor; 
  3.11     (3) the practice of dentistry by licensed dentists of other 
  3.12  states or countries while appearing as clinicians under the 
  3.13  auspices of a duly approved dental school or college, or a 
  3.14  reputable dental society, or a reputable dental study club 
  3.15  composed of dentists; 
  3.16     (4) the actions of persons while they are taking 
  3.17  examinations for licensure or registration administered or 
  3.18  approved by the board pursuant to sections 150A.03, subdivision 
  3.19  1, and 150A.06, subdivisions 1, 2, and 2a; 
  3.20     (5) the practice of dentistry by dentists and dental 
  3.21  hygienists licensed by other states during their functioning as 
  3.22  examiners responsible for conducting licensure or registration 
  3.23  examinations administered by regional and national testing 
  3.24  agencies with whom the board is authorized to affiliate and 
  3.25  participate under section 150A.03, subdivision 1, and the 
  3.26  practice of dentistry by the regional and national testing 
  3.27  agencies during their administering examinations pursuant to 
  3.28  section 150A.03, subdivision 1; 
  3.29     (6) the use of X-rays or other diagnostic imaging 
  3.30  modalities for making radiographs or other similar records in a 
  3.31  hospital under the supervision of a physician or dentist or by a 
  3.32  person who is credentialed to use diagnostic imaging modalities 
  3.33  or X-ray machines for dental treatment, roentgenograms, or 
  3.34  dental diagnostic purposes by a credentialing agency other than 
  3.35  the board of dentistry; or 
  3.36     (7) the service, other than service performed directly upon 
  4.1   the person of a patient, of constructing, altering, repairing, 
  4.2   or duplicating any denture, partial denture, crown, bridge, 
  4.3   splint, orthodontic, prosthetic, or other dental appliance, when 
  4.4   performed according to a written work order from a licensed 
  4.5   dentist in accordance with section 150A.10, subdivision 3. 
  4.6      Sec. 2.  Minnesota Statutes 1994, section 150A.06, 
  4.7   subdivision 2, is amended to read: 
  4.8      Subd. 2.  [DENTAL HYGIENISTS.] A person of good moral 
  4.9   character not already a licensed dental hygienist of this state, 
  4.10  who has graduated from ~~an accredited high school or its~~ 
  4.11  ~~equivalent, and has submitted~~ a dental hygiene program 
  4.12  established in an institution that is accredited by an 
  4.13  accrediting agency recognized by the United States Department of 
  4.14  Education to offer college-level programs may apply for 
  4.15  licensure.  The dental hygiene program must provide a minimum of 
  4.16  two academic years of dental hygiene curriculum and be 
  4.17  accredited by the American Dental Association Commission on 
  4.18  Dental Accreditation.  The applicant must submit an application 
  4.19  and fee as prescribed by the board and ~~the~~ a diploma or 
  4.20  ~~equivalent awarded to the person by a training school for dental~~ 
  4.21  ~~hygienists or its equivalent approved by the board, may be~~ 
  4.22  ~~examined by the board or by an agency pursuant to section~~ 
  4.23  ~~150A.03, subdivision 1, in a manner to test the applicant's~~ 
  4.24  ~~fitness to practice dental hygiene~~ certificate of dental hygiene.
  4.25  Prior to being licensed, the applicant must pass the National 
  4.26  Board of Dental Hygiene Examination and a board approved 
  4.27  examination designed to determine the applicant's clinical 
  4.28  competency.  In the case of examinations conducted pursuant to 
  4.29  section 150A.03, subdivision 1, applicants may take the 
  4.30  examination before applying to the board for licensure.  ~~Each~~ 
  4.31  The applicant ~~shall~~ must also ~~be examined on~~ pass an 
  4.32  examination testing the applicant's knowledge of the laws of 
  4.33  Minnesota relating to the practice of dentistry and of the rules 
  4.34  of the board.  An applicant is ineligible to retake the clinical 
  4.35  examination required by the board after failing it twice until 
  4.36  further education and training are obtained as specified by the 
  5.1   board by rule.  A separate, nonrefundable fee may be charged for 
  5.2   each time a person applies.  An applicant who passes the 
  5.3   examination in compliance with subdivision 2b and meets all the 
  5.4   other requirements of the board shall be licensed as a dental 
  5.5   hygienist and supplied with a license by the board.  
  5.6      Sec. 3.  Minnesota Statutes 1994, section 150A.10, 
  5.7   subdivision 1, is amended to read: 
  5.8      Subdivision 1.  [DENTAL HYGIENISTS.] Any licensed dentist, 
  5.9   public institution, or school authority may ~~use the~~ obtain 
  5.10  services ~~of~~ from a licensed dental hygienist.  Such licensed 
  5.11  dental hygienist may ~~perform~~ provide those services ~~which are~~ 
  5.12  ~~educational, diagnostic, therapeutic, or preventive in nature~~ 
  5.13  ~~and are authorized by the board of dentistry~~ defined in section 
  5.14  150A.05, subdivision 1a.  Such services shall not include the 
  5.15  establishment of a final diagnosis or treatment plan for a 
  5.16  dental patient.  Such services shall be ~~performed~~ provided under 
  5.17  supervision of a licensed dentist.  Any licensed dentist who 
  5.18  shall permit ~~the performance of~~ any dental service by a dental 
  5.19  hygienist other than those authorized by the board of dentistry, 
  5.20  shall be deemed to be violating the provisions of sections 
  5.21  150A.01 to 150A.12, and ~~performance of~~ any such unauthorized 
  5.22  dental service by a dental hygienist shall constitute a 
  5.23  violation of sections 150A.01 to 150A.12.  
  5.24     Sec. 4.  [INSTRUCTION TO REVISOR.] 
  5.25     The revisor shall change the headnote to Minnesota 
  5.26  Statutes, section 150A.10, to read "ALLIED DENTAL PERSONNEL."  
  5.27     Sec. 5.  [EFFECTIVE DATE.] 
  5.28     Sections 1 to 3 are effective the day after final enactment.