1.1                          A bill for an act 
  1.2             relating to health; modifying dental practice 
  1.3             provisions; modifying licensure provisions for dental 
  1.4             assistants; amending Minnesota Statutes 2002, sections 
  1.5             116J.70, subdivision 2a; 144.054, subdivision 2; 
  1.6             150A.01, subdivisions 5, 8; 150A.02, subdivision 1; 
  1.7             150A.03, subdivision 1; 150A.05, subdivision 2, by 
  1.8             adding a subdivision; 150A.06, subdivisions 1a, 2a, 
  1.9             2b, 3, 5, 6, by adding a subdivision; 150A.08, 
  1.10            subdivisions 1, 3, 4, 5, 6, 8; 150A.081, subdivisions 
  1.11            1, 2; 150A.09, subdivisions 1, 3, 5; 150A.10, 
  1.12            subdivisions 1a, 2, by adding a subdivision; 214.18, 
  1.13            subdivision 5; 256B.55, subdivisions 3, 4, 5; 352.91, 
  1.14            subdivision 3g. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16                             ARTICLE 1
  1.17                   DENTAL PRACTICE MODIFICATIONS
  1.18     Section 1.  Minnesota Statutes 2002, section 150A.06, 
  1.19  subdivision 1a, is amended to read: 
  1.20     Subd. 1a.  [FACULTY DENTISTS.] (a) Faculty members of a 
  1.21  school of dentistry must be licensed or registered in order to 
  1.22  practice dentistry as defined in section 150A.05.  The board may 
  1.23  issue to members of the faculty of a school of dentistry a 
  1.24  license designated as either a "limited faculty license" or a 
  1.25  "full faculty license" entitling the holder to practice 
  1.26  dentistry within the ~~school and its affiliated teaching~~ 
  1.27  ~~facilities, but only for the purposes of instructing or~~ 
  1.28  ~~conducting research.  The practice of dentistry at a school~~ 
  1.29  ~~facility for purposes other than instruction or research is not~~ 
  1.30  ~~allowed unless the faculty member is licensed under subdivision~~ 
  2.1   ~~1 or is a faculty member on August 1, 1993~~ terms described in 
  2.2   paragraph (b) or (c).  The dean of the school of dentistry and 
  2.3   program directors of accredited Minnesota dental hygiene or 
  2.4   dental assisting schools shall certify to the board those 
  2.5   members of the school's faculty who practice dentistry but are 
  2.6   not licensed to practice dentistry in Minnesota.  A faculty 
  2.7   member who practices dentistry as defined in section 150A.05, 
  2.8   before beginning duties in the school of dentistry, shall apply 
  2.9   to the board for a limited or full faculty license.  The license 
  2.10  expires the next July 1 and may, at the discretion of the board, 
  2.11  be renewed on a yearly basis.  The faculty applicant shall pay a 
  2.12  nonrefundable fee set by the board for issuing and renewing the 
  2.13  faculty license.  The faculty license is valid during the time 
  2.14  the holder remains a member of the faculty of a school of 
  2.15  dentistry and subjects the holder to this chapter.  ~~This~~ 
  2.16  ~~subdivision takes effect on September 1 following the date that~~ 
  2.17  ~~the rules adopted under this subdivision become effective.~~  
  2.18     (b) The board may issue to dentist members of the faculty 
  2.19  of an accredited Minnesota school of dentistry, dental hygiene, 
  2.20  or dental assisting a license designated as a limited faculty 
  2.21  license entitling the holder to practice dentistry within the 
  2.22  school and its affiliated teaching facilities, but only for the 
  2.23  purposes of instructing or conducting research.  The practice of 
  2.24  dentistry at a school facility for purposes other than 
  2.25  instruction or research is not allowed unless the faculty member 
  2.26  is licensed under subdivision 1 or is a faculty member on August 
  2.27  1, 1993.  
  2.28     (c) The board may issue to dentist members of the faculty 
  2.29  of an accredited Minnesota school of dentistry, dental hygiene, 
  2.30  or dental assisting a license designated as a full faculty 
  2.31  license entitling the holder to practice dentistry within the 
  2.32  school and its affiliated teaching facilities and elsewhere if 
  2.33  the holder of the license is employed 50 percent time or more by 
  2.34  the school in the practice of teaching or research, and upon 
  2.35  successful review by the board of the applicant's qualifications 
  2.36  as described in subdivisions 1c and 4.  The board, at its 
  3.1   discretion, may waive specific licensing prerequisites. 
  3.2      Sec. 2.  Minnesota Statutes 2002, section 150A.06, is 
  3.3   amended by adding a subdivision to read: 
  3.4      Subd. 2d.  [VOLUNTEER AND RETIRED DENTISTS, DENTAL 
  3.5   HYGIENISTS, AND DENTAL ASSISTANTS.] (a) The board shall grant a 
  3.6   waiver to the continuing education requirements under this 
  3.7   chapter for a dentist, dental hygienist, or registered dental 
  3.8   assistant who documents to the satisfaction of the board that 
  3.9   the dentist, dental hygienist, or dental assistant has retired 
  3.10  from active practice in the state and limits the provision of 
  3.11  dental care services to those offered without compensation in a 
  3.12  public health, community, or tribal clinic or a nonprofit 
  3.13  organization that provides services to the indigent or to 
  3.14  recipients of medical assistance, general assistance medical 
  3.15  care, or MinnesotaCare programs. 
  3.16     (b) The board may require written documentation from the 
  3.17  volunteer and retired dentist, dental hygienist, or dental 
  3.18  assistant prior to granting this waiver. 
  3.19     (c) The board shall require the volunteer and retired 
  3.20  dentist, dental hygienist, or dental assistant to meet the 
  3.21  following requirements: 
  3.22     (1) a licensee or registrant seeking a waiver under this 
  3.23  subdivision must complete at least five hours of approved 
  3.24  courses in infection control, medical emergencies, and medical 
  3.25  management for the continuing education cycle; and 
  3.26     (2) provide documentation of certification in advanced or 
  3.27  basic cardiac life support recognized by the American Heart 
  3.28  Association, the American Red Cross, or an equivalent entity. 
  3.29     Sec. 3.  Minnesota Statutes 2002, section 150A.06, 
  3.30  subdivision 3, is amended to read: 
  3.31     Subd. 3.  [WAIVER OF EXAMINATION.] (a) All or any part of 
  3.32  the examination for dentists or dental hygienists, except that 
  3.33  pertaining to the law of Minnesota relating to dentistry and the 
  3.34  rules of the board, may, at the discretion of the board, be 
  3.35  waived for an applicant who presents a certificate of 
  3.36  qualification from the national board of dental examiners or 
  4.1   evidence of having maintained an adequate scholastic standing as 
  4.2   determined by the board, in dental school as to dentists, or 
  4.3   dental hygiene school as to dental hygienists. 
  4.4      (b) Effective January 1, 2004, the board shall waive the 
  4.5   clinical examination required for licensure for any applicant 
  4.6   who is a graduate of a dental school accredited by the 
  4.7   commission on dental accreditation of the American Dental 
  4.8   Association or an equivalent organization as determined by the 
  4.9   board, who has successfully completed Parts I and II of National 
  4.10  Boards, and who has satisfactorily completed a Minnesota-based 
  4.11  postdoctoral general dentistry residency program accredited by 
  4.12  the commission on dental accreditation of the American Dental 
  4.13  Association if the program is of at least one year's duration 
  4.14  and includes an outcome assessment evaluation assessing the 
  4.15  resident's competence to practice dentistry.  The board may 
  4.16  require the applicant to submit any information deemed necessary 
  4.17  by the board to determine whether the waiver is applicable.  The 
  4.18  board may waive the clinical examination for an applicant who 
  4.19  meets the requirements of this paragraph and has satisfactorily 
  4.20  completed an accredited postdoctoral general dentistry residency 
  4.21  program located outside of Minnesota. 
  4.22     Sec. 4.  Minnesota Statutes 2002, section 150A.10, 
  4.23  subdivision 1a, is amended to read: 
  4.24     Subd. 1a.  [LIMITED AUTHORIZATION FOR DENTAL HYGIENISTS.] 
  4.25  (a) Notwithstanding subdivision 1, a dental hygienist licensed 
  4.26  under this chapter may be employed or retained by a health care 
  4.27  facility, program, or nonprofit organization to perform dental 
  4.28  hygiene services described under paragraph (b) without the 
  4.29  patient first being examined by a licensed dentist if the dental 
  4.30  hygienist: 
  4.31     (1) ~~has two years practical clinical experience with a~~ 
  4.32  ~~licensed dentist within the preceding five years~~ has been 
  4.33  engaged in the active practice of clinical dental hygiene for 
  4.34  not less than 2,400 hours in the past 18 months or a career 
  4.35  total of 3,000 hours, including a minimum of 200 hours of 
  4.36  clinical practice in two of the past three years; ~~and~~ 
  5.1      (2) has entered into a collaborative agreement with a 
  5.2   licensed dentist that designates authorization for the services 
  5.3   provided by the dental hygienist; 
  5.4      (3) has documented participation in courses in infection 
  5.5   control and medical emergencies within each continuing education 
  5.6   cycle; and 
  5.7      (4) maintains current certification in advanced or basic 
  5.8   cardiac life support as recognized by the American Heart 
  5.9   Association, the American Red Cross, or another agency that is 
  5.10  equivalent to the American Heart Association or the American Red 
  5.11  Cross. 
  5.12     (b) The dental hygiene services authorized to be performed 
  5.13  by a dental hygienist under this subdivision are limited to: 
  5.14     (1) oral health promotion and disease prevention education; 
  5.15     (2) removal of deposits and stains from the surfaces of the 
  5.16  teeth~~,~~; 
  5.17     (3) application of topical preventive or prophylactic 
  5.18  agents, including fluoride varnishes and pit and fissure 
  5.19  sealants; 
  5.20     (4) polishing and smoothing restorations~~,~~; 
  5.21     (5) removal of marginal overhangs~~,~~; 
  5.22     (6) performance of preliminary charting~~,~~; 
  5.23     (7) taking of radiographs~~,~~; and 
  5.24     (8) performance of scaling and root planing ~~and soft-tissue~~ 
  5.25  ~~curettage.  The dental hygienist shall not place pit and fissure~~ 
  5.26  ~~sealants, unless the patient has been recently examined and the~~ 
  5.27  ~~treatment planned by a licensed dentist~~.  
  5.28  The dental hygienist shall not perform injections of anesthetic 
  5.29  agents or the administration of nitrous oxide unless under the 
  5.30  indirect supervision of a licensed dentist.  Collaborating 
  5.31  dental hygienists may work with dental assistants and dental 
  5.32  aides who may only perform duties for which licensure is not 
  5.33  required.  The performance of dental hygiene services in a 
  5.34  health care facility, program, or nonprofit organization as 
  5.35  authorized under this subdivision is limited to patients, 
  5.36  students, and residents of the facility, program, or 
  6.1   organization. 
  6.2      (c) A collaborating dentist must be licensed under this 
  6.3   chapter and may enter into a collaborative agreement with no 
  6.4   more than four dental hygienists unless otherwise authorized by 
  6.5   the board.  The board shall develop parameters and a process for 
  6.6   obtaining authorization to collaborate with more than four 
  6.7   dental hygienists.  The collaborative agreement must include: 
  6.8      (1) consideration for medically compromised patients and 
  6.9   medical conditions for which a dental evaluation and treatment 
  6.10  plan must occur prior to the provision of dental hygiene 
  6.11  services; ~~and~~ 
  6.12     (2) age- and procedure-specific standard collaborative 
  6.13  practice protocols, including recommended intervals for the 
  6.14  performance of dental hygiene services and a period of time in 
  6.15  which an examination by a dentist should occur; 
  6.16     (3) copies of consent to treatment form provided to the 
  6.17  patient by the dental hygienist; 
  6.18     (4) specific protocols for the placement of pit and fissure 
  6.19  sealants and requirements for follow-up care to assure the 
  6.20  efficacy of the sealants after application; and 
  6.21     (5) a procedure for creating and maintaining dental records 
  6.22  for the patients that are treated by the dental hygienist.  This 
  6.23  procedure must specify where these records are to be located. 
  6.24  The collaborative agreement must be signed and maintained by the 
  6.25  dentist ~~and~~, the dental hygienist, and the facility, program, or 
  6.26  organization; must be reviewed annually by the collaborating 
  6.27  dentist and dental hygienist; and must be made available to the 
  6.28  board upon request.  
  6.29     (d) Before performing any services authorized under this 
  6.30  subdivision, a dental hygienist must provide the patient with a 
  6.31  consent to treatment form which must include a statement 
  6.32  advising the patient that the dental hygiene services provided 
  6.33  are not a substitute for a dental examination by a licensed 
  6.34  dentist.  If the dental hygienist makes any referrals to the 
  6.35  patient for further dental procedures, the dental hygienist must 
  6.36  fill out a referral form and provide a copy of the form to the 
  7.1   collaborating dentist.  
  7.2      (e) For the purposes of this subdivision, a "health care 
  7.3   facility, program, or nonprofit organization" is limited to a 
  7.4   hospital; nursing home; home health agency; group home serving 
  7.5   the elderly, disabled, or juveniles; state-operated facility 
  7.6   licensed by the commissioner of human services or the 
  7.7   commissioner of corrections; and federal, state, or local public 
  7.8   health facility, community clinic, ~~or~~ tribal clinic, school 
  7.9   authority, Head Start program, or nonprofit organization that 
  7.10  serves individuals who are uninsured or who are Minnesota health 
  7.11  care public program recipients.  
  7.12     ~~(e)~~ (f) For purposes of this subdivision, a "collaborative 
  7.13  agreement" means a written agreement with a licensed dentist who 
  7.14  authorizes and accepts responsibility for the services performed 
  7.15  by the dental hygienist.  The services authorized under this 
  7.16  subdivision and the collaborative agreement may be performed 
  7.17  without the presence of a licensed dentist and may be performed 
  7.18  at a location other than the usual place of practice of the 
  7.19  dentist or dental hygienist and without a dentist's diagnosis 
  7.20  and treatment plan, unless specified in the collaborative 
  7.21  agreement. 
  7.22     Sec. 5.  Minnesota Statutes 2002, section 150A.10, is 
  7.23  amended by adding a subdivision to read: 
  7.24     Subd. 4.  [RESTORATIVE PROCEDURES.] (a) Notwithstanding 
  7.25  subdivisions 1, 1a, and 2, a licensed dental hygienist or a 
  7.26  licensed dental assistant may perform the following restorative 
  7.27  procedures: 
  7.28     (1) place, contour, and adjust amalgam restorations; 
  7.29     (2) place, contour, and adjust glass ionomer; 
  7.30     (3) adapt and cement stainless steel crowns; and 
  7.31     (4) place, contour, and adjust class I and class V 
  7.32  supragingival composite restorations where the margins are 
  7.33  entirely within the enamel. 
  7.34     (b) The restorative procedures described in paragraph (a) 
  7.35  may be performed only if: 
  7.36     (1) the licensed dental hygienist or the licensed dental 
  8.1   assistant has completed a board-approved course on the specific 
  8.2   procedures; 
  8.3      (2) the board-approved course includes a component that 
  8.4   sufficiently prepares the dental hygienist or dental assistant 
  8.5   to adjust the occlusion on the newly placed restoration; 
  8.6      (3) a licensed dentist has authorized the procedure to be 
  8.7   performed; and 
  8.8      (4) a licensed dentist is available in the clinic while the 
  8.9   procedure is being performed. 
  8.10     (c) The dental faculty who teaches the educators of the 
  8.11  board-approved courses specified in paragraph (b) must have 
  8.12  prior experience teaching these procedures in an accredited 
  8.13  dental education program. 
  8.14     Sec. 6.  Minnesota Statutes 2002, section 256B.55, 
  8.15  subdivision 3, is amended to read: 
  8.16     Subd. 3.  [DUTIES.] The advisory committee shall provide 
  8.17  recommendations on the following: 
  8.18     (1) ~~how to reduce the administrative burden governing~~ 
  8.19  ~~dental care coverage policies in order to promote administrative~~ 
  8.20  ~~simplification, including prior authorization, coverage limits,~~ 
  8.21  ~~and co-payment collections~~ developing a new model for 
  8.22  purchasing, administering, and delivering dental care services 
  8.23  to public program recipients based on public health principles; 
  8.24     (2) ~~developing and implementing an action plan to improve~~ 
  8.25  ~~the oral health of children and persons with special needs in~~ 
  8.26  ~~the state~~ exploring innovative ways to develop workforce 
  8.27  solutions to ensure access to dental care statewide; and 
  8.28     (3) ~~exploring alternative ways of purchasing and improving~~ 
  8.29  ~~access to dental services;~~ 
  8.30     ~~(4) developing ways to foster greater responsibility among~~ 
  8.31  ~~health care program recipients in seeking and obtaining dental~~ 
  8.32  ~~care, including initiatives to keep dental appointments and~~ 
  8.33  ~~comply with dental care plans;~~ 
  8.34     ~~(5) exploring innovative ways for dental providers to~~ 
  8.35  ~~schedule public program patients in order to reduce or minimize~~ 
  8.36  ~~the effect of appointment no shows;~~ 
  9.1      ~~(6) exploring ways to meet the barriers that may be present~~ 
  9.2   ~~in providing dental services to health care program recipients~~ 
  9.3   ~~such as language, culture, disability, and lack of~~ 
  9.4   ~~transportation; and~~ 
  9.5      ~~(7) exploring the possibility of pediatricians, family~~ 
  9.6   ~~physicians, and nurse practitioners providing basic oral health~~ 
  9.7   ~~screenings and basic preventive dental services~~ identifying data 
  9.8   needed to effectively evaluate the dental care needs of the 
  9.9   state.  
  9.10     Sec. 7.  Minnesota Statutes 2002, section 256B.55, 
  9.11  subdivision 4, is amended to read: 
  9.12     Subd. 4.  [REPORT.] The commissioner shall submit a report 
  9.13  by February 1, 2002, and ~~by~~ each February 1~~, 2003~~ thereafter, 
  9.14  summarizing the activities and recommendations of the advisory 
  9.15  committee. 
  9.16     Sec. 8.  Minnesota Statutes 2002, section 256B.55, 
  9.17  subdivision 5, is amended to read: 
  9.18     Subd. 5.  [SUNSET.] Notwithstanding section 15.059, 
  9.19  subdivision 5, this section expires June 30, ~~2003~~ 2007.  
  9.20     Sec. 9.  [URGENT CARE DENTAL CLINIC.] 
  9.21     The commissioner of human services, in consultation with 
  9.22  the dental access advisory committee, is requested to report on 
  9.23  the feasibility of developing one or more urgent care dental 
  9.24  clinics.  The primary purpose of an urgent care dental clinic is 
  9.25  to provide recipients of medical assistance, general assistance 
  9.26  medical care, and MinnesotaCare with an alternative to receiving 
  9.27  dental care services in hospital emergency rooms.  The 
  9.28  commissioner shall determine if savings from the reduction in 
  9.29  dental care provided in emergency rooms would warrant the 
  9.30  construction of urgent care facilities.  The commissioner may 
  9.31  seek funding for the construction and operation of a dental 
  9.32  urgent care clinic from the federal government as authorized by 
  9.33  Congress under the dental health improvement provisions of the 
  9.34  Health Care Safety Net Improvement Act of 2002. 
  9.35     Sec. 10.  [EXPIRATION.] 
  9.36     Minnesota Statutes 2002, section 150A.06, subdivision 3, 
 10.1   paragraph (b) expires on August 1, 2008. 
 10.2                              ARTICLE 2
 10.3                   LICENSURE FOR DENTAL ASSISTANTS
 10.4      Section 1.  Minnesota Statutes 2002, section 116J.70, 
 10.5   subdivision 2a, is amended to read: 
 10.6      Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
 10.7   "license" does not include the following:  
 10.8      (1) any occupational license or registration issued by a 
 10.9   licensing board listed in section 214.01 or any occupational 
 10.10  registration issued by the commissioner of health pursuant to 
 10.11  section 214.13; 
 10.12     (2) any license issued by a county, home rule charter city, 
 10.13  statutory city, township, or other political subdivision; 
 10.14     (3) any license required to practice the following 
 10.15  occupation regulated by the following sections:  
 10.16     (i) abstracters regulated pursuant to chapter 386; 
 10.17     (ii) accountants regulated pursuant to chapter 326A; 
 10.18     (iii) adjusters regulated pursuant to chapter 72B; 
 10.19     (iv) architects regulated pursuant to chapter 326; 
 10.20     (v) assessors regulated pursuant to chapter 270; 
 10.21     (vi) athletic trainers regulated pursuant to chapter 148; 
 10.22     (vii) attorneys regulated pursuant to chapter 481; 
 10.23     (viii) auctioneers regulated pursuant to chapter 330; 
 10.24     (ix) barbers regulated pursuant to chapter 154; 
 10.25     (x) beauticians regulated pursuant to chapter 155A; 
 10.26     (xi) boiler operators regulated pursuant to chapter 183; 
 10.27     (xii) chiropractors regulated pursuant to chapter 148; 
 10.28     (xiii) collection agencies regulated pursuant to chapter 
 10.29  332; 
 10.30     (xiv) cosmetologists regulated pursuant to chapter 155A; 
 10.31     (xv) dentists, ~~registered~~ dental assistants, and dental 
 10.32  hygienists regulated pursuant to chapter 150A; 
 10.33     (xvi) detectives regulated pursuant to chapter 326; 
 10.34     (xvii) electricians regulated pursuant to chapter 326; 
 10.35     (xviii) mortuary science practitioners regulated pursuant 
 10.36  to chapter 149A; 
 11.1      (xix) engineers regulated pursuant to chapter 326; 
 11.2      (xx) insurance brokers and salespersons regulated pursuant 
 11.3   to chapter 60A; 
 11.4      (xxi) certified interior designers regulated pursuant to 
 11.5   chapter 326; 
 11.6      (xxii) midwives regulated pursuant to chapter 147D; 
 11.7      (xxiii) nursing home administrators regulated pursuant to 
 11.8   chapter 144A; 
 11.9      (xxiv) optometrists regulated pursuant to chapter 148; 
 11.10     (xxv) osteopathic physicians regulated pursuant to chapter 
 11.11  147; 
 11.12     (xxvi) pharmacists regulated pursuant to chapter 151; 
 11.13     (xxvii) physical therapists regulated pursuant to chapter 
 11.14  148; 
 11.15     (xxviii) physician assistants regulated pursuant to chapter 
 11.16  147A; 
 11.17     (xxix) physicians and surgeons regulated pursuant to 
 11.18  chapter 147; 
 11.19     (xxx) plumbers regulated pursuant to chapter 326; 
 11.20     (xxxi) podiatrists regulated pursuant to chapter 153; 
 11.21     (xxxii) practical nurses regulated pursuant to chapter 148; 
 11.22     (xxxiii) professional fund raisers regulated pursuant to 
 11.23  chapter 309; 
 11.24     (xxxiv) psychologists regulated pursuant to chapter 148; 
 11.25     (xxxv) real estate brokers, salespersons, and others 
 11.26  regulated pursuant to chapters 82 and 83; 
 11.27     (xxxvi) registered nurses regulated pursuant to chapter 
 11.28  148; 
 11.29     (xxxvii) securities brokers, dealers, agents, and 
 11.30  investment advisers regulated pursuant to chapter 80A; 
 11.31     (xxxviii) steamfitters regulated pursuant to chapter 326; 
 11.32     (xxxix) teachers and supervisory and support personnel 
 11.33  regulated pursuant to chapter 125; 
 11.34     (xl) veterinarians regulated pursuant to chapter 156; 
 11.35     (xli) water conditioning contractors and installers 
 11.36  regulated pursuant to chapter 326; 
 12.1      (xlii) water well contractors regulated pursuant to chapter 
 12.2   103I; 
 12.3      (xliii) water and waste treatment operators regulated 
 12.4   pursuant to chapter 115; 
 12.5      (xliv) motor carriers regulated pursuant to chapter 221; 
 12.6      (xlv) professional firms regulated under chapter 319B; 
 12.7      (xlvi) real estate appraisers regulated pursuant to chapter 
 12.8   82B; 
 12.9      (xlvii) residential building contractors, residential 
 12.10  remodelers, residential roofers, manufactured home installers, 
 12.11  and specialty contractors regulated pursuant to chapter 326; 
 12.12     (4) any driver's license required pursuant to chapter 171; 
 12.13     (5) any aircraft license required pursuant to chapter 360; 
 12.14     (6) any watercraft license required pursuant to chapter 
 12.15  86B; 
 12.16     (7) any license, permit, registration, certification, or 
 12.17  other approval pertaining to a regulatory or management program 
 12.18  related to the protection, conservation, or use of or 
 12.19  interference with the resources of land, air, or water, which is 
 12.20  required to be obtained from a state agency or instrumentality; 
 12.21  and 
 12.22     (8) any pollution control rule or standard established by 
 12.23  the pollution control agency or any health rule or standard 
 12.24  established by the commissioner of health or any licensing rule 
 12.25  or standard established by the commissioner of human services. 
 12.26     Sec. 2.  Minnesota Statutes 2002, section 144.054, 
 12.27  subdivision 2, is amended to read: 
 12.28     Subd. 2.  [HIV; HBV.] The commissioner may subpoena 
 12.29  privileged medical information of patients who may have been 
 12.30  exposed by a licensed dental hygienist, dentist, physician, 
 12.31  nurse, podiatrist, ~~a registered~~ or dental assistant~~,~~ or a 
 12.32  physician's assistant who is infected with the human 
 12.33  immunodeficiency virus (HIV) or hepatitis B virus (HBV) when the 
 12.34  commissioner has determined that it may be necessary to notify 
 12.35  those patients that they may have been exposed to HIV or HBV. 
 12.36     Sec. 3.  Minnesota Statutes 2002, section 150A.01, 
 13.1   subdivision 5, is amended to read: 
 13.2      Subd. 5.  [DENTAL ~~ASSISTANT~~ AIDE.] "Dental ~~assistant~~ aide" 
 13.3   means a person performing acts authorized under section 150A.10, 
 13.4   subdivision 2.  
 13.5      Sec. 4.  Minnesota Statutes 2002, section 150A.01, 
 13.6   subdivision 8, is amended to read: 
 13.7      Subd. 8.  [~~REGISTERED~~ DENTAL ASSISTANT.] "~~Registered~~ Dental 
 13.8   assistant" means a person ~~registered~~ licensed pursuant to 
 13.9   ~~section 150A.06~~ sections 150A.01 to 150A.12 to perform the 
 13.10  services authorized pursuant to sections 150A.05, subdivision 
 13.11  1b, and 150A.10, subdivision 2. 
 13.12     Sec. 5.  Minnesota Statutes 2002, section 150A.02, 
 13.13  subdivision 1, is amended to read: 
 13.14     Subdivision 1.  There is hereby created a board of 
 13.15  dentistry whose duty it shall be to carry out the purposes and 
 13.16  enforce the provisions of sections 150A.01 to 150A.12.  The 
 13.17  board shall consist of two public members as defined by section 
 13.18  214.02, five qualified resident dentists, one qualified resident 
 13.19  ~~registered~~ dental assistant, and one qualified resident dental 
 13.20  hygienist appointed by the governor.  Membership terms, 
 13.21  compensation of members, removal of members, the filling of 
 13.22  membership vacancies, and fiscal year and reporting requirements 
 13.23  shall be as provided in sections 214.07 to 214.09.  The 
 13.24  provision of staff, administrative services and office space; 
 13.25  the review and processing of board complaints; the setting of 
 13.26  board fees; and other provisions relating to board operations 
 13.27  shall be as provided in chapter 214.  Each board member who is a 
 13.28  dentist, ~~registered~~ dental assistant, or dental hygienist shall 
 13.29  have been lawfully in active practice in this state for five 
 13.30  years immediately preceding appointment; and no board member 
 13.31  shall be eligible for appointment to more than two consecutive 
 13.32  four-year terms, and members serving on the board at the time of 
 13.33  the enactment hereof shall be eligible to reappointment provided 
 13.34  they shall not have served more than nine consecutive years at 
 13.35  the expiration of the term to which they are to be appointed.  
 13.36  At least 90 days prior to the expiration of the terms of 
 14.1   dentists, ~~registered~~ dental assistants, or dental hygienists, 
 14.2   the Minnesota dental association, Minnesota dental assistants 
 14.3   association, or the Minnesota state dental hygiene association 
 14.4   shall recommend to the governor for each term expiring not less 
 14.5   than two dentists, two ~~registered~~ dental assistants, or two 
 14.6   dental hygienists, respectively, who are qualified to serve on 
 14.7   the board, and from the list so recommended the governor may 
 14.8   appoint members to the board for the term of four years, the 
 14.9   appointments to be made within 30 days after the expiration of 
 14.10  the terms.  Within 60 days after the occurrence of a dentist, 
 14.11  ~~registered~~ dental assistant, or dental hygienist vacancy, prior 
 14.12  to the expiration of the term, in the board, the Minnesota 
 14.13  dental association, the Minnesota dental assistants association, 
 14.14  or the Minnesota state dental hygiene association shall 
 14.15  recommend to the governor not less than two dentists, two 
 14.16  ~~registered~~ dental assistants, or two dental hygienists, who are 
 14.17  qualified to serve on the board and from the list so recommended 
 14.18  the governor, within 30 days after receiving such list of 
 14.19  dentists, may appoint one member to the board for the unexpired 
 14.20  term occasioned by such vacancy.  Any appointment to fill a 
 14.21  vacancy shall be made within 90 days after the occurrence of 
 14.22  such vacancy.  The first four-year term of the dental hygienist 
 14.23  and of the ~~registered~~ dental assistant shall commence on the 
 14.24  first Monday in January, 1977. 
 14.25     Sec. 6.  Minnesota Statutes 2002, section 150A.03, 
 14.26  subdivision 1, is amended to read: 
 14.27     Subdivision 1.  [OFFICERS.] The board shall elect from its 
 14.28  members a president, a vice-president, and a secretary.  The 
 14.29  board shall have a common seal.  It may hold meetings at such 
 14.30  times as may be necessary and as it may determine.  The board 
 14.31  may affiliate and participate, both in and out-of-state, with 
 14.32  regional and national testing agencies for the purpose of 
 14.33  conducting examinations for licensure ~~and registration~~.  The fee 
 14.34  charged by such an agency for conducting the examination may be 
 14.35  in addition to the application fee established by the board 
 14.36  pursuant to section 150A.06. 
 15.1      Sec. 7.  Minnesota Statutes 2002, section 150A.05, is 
 15.2   amended by adding a subdivision to read: 
 15.3      Subd. 1b.  [PRACTICE OF DENTAL ASSISTING.] A person shall 
 15.4   be deemed to be practicing as a dental assistant within the 
 15.5   meaning of sections 150A.01 to 150A.12 who performs any duty or 
 15.6   related services delegated by a licensed dentist as permitted by 
 15.7   the rules of the board. 
 15.8      Sec. 8.  Minnesota Statutes 2002, section 150A.05, 
 15.9   subdivision 2, is amended to read: 
 15.10     Subd. 2.  [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES 
 15.11  AND OPERATIONS.] Sections 150A.01 to 150A.12 do not apply to: 
 15.12     (1) the practice of dentistry ~~or~~, dental hygiene, or dental 
 15.13  assisting in any branch of the armed services of the United 
 15.14  States, the United States Public Health Service, or the United 
 15.15  States Veterans Administration; 
 15.16     (2) the practice of dentistry, dental hygiene, or dental 
 15.17  assisting by undergraduate dental students, dental hygiene 
 15.18  students, and dental assisting students of the University of 
 15.19  Minnesota, schools of dental hygiene, or schools of dental 
 15.20  assisting approved by the board, when acting under the direction 
 15.21  and supervision of a licensed dentist ~~or~~, a licensed dental 
 15.22  hygienist, or a licensed dental assistant acting as an 
 15.23  instructor; 
 15.24     (3) the practice of dentistry by licensed dentists of other 
 15.25  states or countries while appearing as clinicians under the 
 15.26  auspices of a duly approved dental school or college, or a 
 15.27  reputable dental society, or a reputable dental study club 
 15.28  composed of dentists; 
 15.29     (4) the actions of persons while they are taking 
 15.30  examinations for licensure ~~or registration~~ administered or 
 15.31  approved by the board pursuant to sections 150A.03, subdivision 
 15.32  1, and 150A.06, subdivisions 1, 2, and 2a; 
 15.33     (5) the practice of dentistry by dentists and dental 
 15.34  hygienists licensed by other states during their functioning as 
 15.35  examiners responsible for conducting licensure ~~or registration~~ 
 15.36  examinations administered by regional and national testing 
 16.1   agencies with whom the board is authorized to affiliate and 
 16.2   participate under section 150A.03, subdivision 1, and the 
 16.3   practice of dentistry by the regional and national testing 
 16.4   agencies during their administering examinations pursuant to 
 16.5   section 150A.03, subdivision 1; 
 16.6      (6) the use of X-rays or other diagnostic imaging 
 16.7   modalities for making radiographs or other similar records in a 
 16.8   hospital under the supervision of a physician or dentist or by a 
 16.9   person who is credentialed to use diagnostic imaging modalities 
 16.10  or X-ray machines for dental treatment, roentgenograms, or 
 16.11  dental diagnostic purposes by a credentialing agency other than 
 16.12  the board of dentistry; or 
 16.13     (7) the service, other than service performed directly upon 
 16.14  the person of a patient, of constructing, altering, repairing, 
 16.15  or duplicating any denture, partial denture, crown, bridge, 
 16.16  splint, orthodontic, prosthetic, or other dental appliance, when 
 16.17  performed according to a written work order from a licensed 
 16.18  dentist in accordance with section 150A.10, subdivision 3. 
 16.19     Sec. 9.  Minnesota Statutes 2002, section 150A.06, 
 16.20  subdivision 2a, is amended to read: 
 16.21     Subd. 2a.  [~~REGISTERED~~ DENTAL ~~ASSISTANT~~ ASSISTANTS.] A 
 16.22  person of good moral character, who has submitted an application 
 16.23  and fee as prescribed by the board and the diploma or equivalent 
 16.24  awarded to the person by a training school for dental assistants 
 16.25  or its equivalent approved by the board, may be examined by the 
 16.26  board or by an agency pursuant to section 150A.03, subdivision 
 16.27  1, in a manner to test the applicant's fitness to perform as a 
 16.28  ~~registered~~ licensed dental assistant.  In the case of 
 16.29  examinations conducted pursuant to section 150A.03, subdivision 
 16.30  1, applicants may take the examination before applying to the 
 16.31  board for ~~registration~~ licensure.  The examination shall include 
 16.32  an examination of the applicant's knowledge of the laws of 
 16.33  Minnesota relating to dentistry and the rules of the board.  An 
 16.34  applicant is ineligible to retake the clinical examination 
 16.35  required by the board after failing it twice until further 
 16.36  education and training are obtained as specified by the board by 
 17.1   rule.  A separate, nonrefundable fee may be charged for each 
 17.2   time a person applies.  An applicant who passes the examination 
 17.3   in compliance with subdivision 2b and meets all the other 
 17.4   requirements of the board shall be ~~registered~~ licensed as a 
 17.5   dental assistant.  The examination fee set by the board in rule 
 17.6   is the application fee until the board amends, repeals, or 
 17.7   otherwise changes the rules pursuant to chapter 14. 
 17.8      Sec. 10.  Minnesota Statutes 2002, section 150A.06, 
 17.9   subdivision 2b, is amended to read: 
 17.10     Subd. 2b.  [EXAMINATION.] When board members administer the 
 17.11  examination for licensure ~~or registration~~, only those board 
 17.12  members qualified for the particular examination may administer 
 17.13  it.  An examination which the board requires as a condition of 
 17.14  licensure ~~or registration~~ must have been taken within the five 
 17.15  years before the board receives the application for licensure ~~or~~ 
 17.16  ~~registration~~.  
 17.17     Sec. 11.  Minnesota Statutes 2002, section 150A.06, 
 17.18  subdivision 5, is amended to read: 
 17.19     Subd. 5.  [FRAUD IN SECURING LICENSES.] Every person 
 17.20  implicated in employing fraud or deception in applying for or 
 17.21  securing a license to practice dentistry ~~or~~, dental hygiene ~~or~~ 
 17.22  ~~in applying for or securing a registration to practice~~, dental 
 17.23  assisting, or in annually registering a license ~~or registration~~ 
 17.24  under sections 150A.01 to 150A.12 is guilty of a gross 
 17.25  misdemeanor. 
 17.26     Sec. 12.  Minnesota Statutes 2002, section 150A.06, 
 17.27  subdivision 6, is amended to read: 
 17.28     Subd. 6.  [DISPLAY OF NAME AND CERTIFICATES.] The name~~,~~ and 
 17.29  license certificate~~, and annual registration certificate~~ of 
 17.30  every licensed dentist, dental hygienist, or ~~registered~~ dental 
 17.31  assistant shall be conspicuously displayed in every office in 
 17.32  which that person practices, in plain sight of patients.  If 
 17.33  there is more than one dentist, dental hygienist, or ~~registered~~ 
 17.34  dental assistant practicing or employed in any office, the 
 17.35  manager or proprietor of the office shall display in plain sight 
 17.36  the name, license certificate ~~and annual registration~~ 
 18.1   ~~certificate~~ of each dentist, dental hygienist, or ~~registered~~ 
 18.2   dental assistant practicing or employed there.  Near or on the 
 18.3   entrance door to every office where dentistry is practiced, the 
 18.4   name of each dentist practicing there, as inscribed on the 
 18.5   license certificate and annual registration certificate of each 
 18.6   dentist, shall be displayed in plain sight.  
 18.7      Sec. 13.  Minnesota Statutes 2002, section 150A.08, 
 18.8   subdivision 1, is amended to read: 
 18.9      Subdivision 1.  [GROUNDS.] The board may refuse or by order 
 18.10  suspend or revoke, limit or modify by imposing conditions it 
 18.11  deems necessary, any license to practice dentistry ~~or~~, dental 
 18.12  hygiene, or ~~the registration of any~~ dental ~~assistant~~ assisting 
 18.13  upon any of the following grounds: 
 18.14     (1) Fraud or deception in connection with the practice of 
 18.15  dentistry or the securing of a license ~~or annual registration~~ 
 18.16  ~~certificate~~; 
 18.17     (2) Conviction, including a finding or verdict of guilt, an 
 18.18  admission of guilt, or a no contest plea, in any court of a 
 18.19  felony or gross misdemeanor reasonably related to the practice 
 18.20  of dentistry as evidenced by a certified copy of the conviction; 
 18.21     (3) Conviction, including a finding or verdict of guilt, an 
 18.22  admission of guilt, or a no contest plea, in any court of an 
 18.23  offense involving moral turpitude as evidenced by a certified 
 18.24  copy of the conviction; 
 18.25     (4) Habitual overindulgence in the use of intoxicating 
 18.26  liquors; 
 18.27     (5) Improper or unauthorized prescription, dispensing, 
 18.28  administering, or personal or other use of any legend drug as 
 18.29  defined in chapter 151, of any chemical as defined in chapter 
 18.30  151, or of any controlled substance as defined in chapter 152; 
 18.31     (6) Conduct unbecoming a person licensed to practice 
 18.32  dentistry ~~or~~, dental hygiene, or ~~registered as a~~ dental 
 18.33  ~~assistant~~ assisting, or conduct contrary to the best interest of 
 18.34  the public, as such conduct is defined by the rules of the 
 18.35  board; 
 18.36     (7) Gross immorality; 
 19.1      (8) Any physical, mental, emotional, or other disability 
 19.2   which adversely affects a dentist's, dental hygienist's, or 
 19.3   ~~registered~~ dental assistant's ability to perform the service for 
 19.4   which the person is licensed ~~or registered~~; 
 19.5      (9) Revocation or suspension of a license~~, registration,~~ or 
 19.6   equivalent authority to practice, or other disciplinary action 
 19.7   or denial of a license ~~or registration~~ application taken by a 
 19.8   licensing, registering, or credentialing authority of another 
 19.9   state, territory, or country as evidenced by a certified copy of 
 19.10  the licensing authority's order, if the disciplinary action or 
 19.11  application denial was based on facts that would provide a basis 
 19.12  for disciplinary action under this chapter and if the action was 
 19.13  taken only after affording the credentialed person or applicant 
 19.14  notice and opportunity to refute the allegations or pursuant to 
 19.15  stipulation or other agreement; 
 19.16     (10) Failure to maintain adequate safety and sanitary 
 19.17  conditions for a dental office in accordance with the standards 
 19.18  established by the rules of the board; 
 19.19     (11) Employing, assisting, or enabling in any manner an 
 19.20  unlicensed person to practice dentistry; 
 19.21     (12) Failure or refusal to attend, testify, and produce 
 19.22  records as directed by the board under subdivision 7; 
 19.23     (13) Violation of, or failure to comply with, any other 
 19.24  provisions of sections 150A.01 to 150A.12, the rules of the 
 19.25  board of dentistry, or any disciplinary order issued by the 
 19.26  board, section 144.335 or 595.02, subdivision 1, paragraph (d), 
 19.27  or for any other just cause related to the practice of 
 19.28  dentistry.  Suspension, revocation, modification or limitation 
 19.29  of any license shall not be based upon any judgment as to 
 19.30  therapeutic or monetary value of any individual drug prescribed 
 19.31  or any individual treatment rendered, but only upon a repeated 
 19.32  pattern of conduct; 
 19.33     (14) Knowingly providing false or misleading information 
 19.34  that is directly related to the care of that patient unless done 
 19.35  for an accepted therapeutic purpose such as the administration 
 19.36  of a placebo; or 
 20.1      (15) Aiding suicide or aiding attempted suicide in 
 20.2   violation of section 609.215 as established by any of the 
 20.3   following:  
 20.4      (i) a copy of the record of criminal conviction or plea of 
 20.5   guilty for a felony in violation of section 609.215, subdivision 
 20.6   1 or 2; 
 20.7      (ii) a copy of the record of a judgment of contempt of 
 20.8   court for violating an injunction issued under section 609.215, 
 20.9   subdivision 4; 
 20.10     (iii) a copy of the record of a judgment assessing damages 
 20.11  under section 609.215, subdivision 5; or 
 20.12     (iv) a finding by the board that the person violated 
 20.13  section 609.215, subdivision 1 or 2.  The board shall 
 20.14  investigate any complaint of a violation of section 609.215, 
 20.15  subdivision 1 or 2. 
 20.16     Sec. 14.  Minnesota Statutes 2002, section 150A.08, 
 20.17  subdivision 3, is amended to read: 
 20.18     Subd. 3.  [REINSTATEMENT.] Any licensee ~~or registrant~~ whose 
 20.19  license ~~or registration~~ has been suspended or revoked may have 
 20.20  the license ~~or registration~~ reinstated or a new license ~~or~~ 
 20.21  ~~registration~~ issued, as the case may be, when the board deems 
 20.22  the action is warranted.  The board may require the licensee ~~or~~ 
 20.23  ~~registrant~~ to pay all costs of proceedings resulting in the 
 20.24  suspension or revocation of license ~~or registration~~ and 
 20.25  reinstatement or new license and the fee for reinstatement 
 20.26  established by the board.  Any licensee ~~or registrant~~ who has 
 20.27  been disciplined by the board in a manner other than by 
 20.28  suspension or revocation may be required by the board to pay all 
 20.29  costs of proceedings resulting in the disciplinary action.  
 20.30     Sec. 15.  Minnesota Statutes 2002, section 150A.08, 
 20.31  subdivision 4, is amended to read: 
 20.32     Subd. 4.  [RECORDS.] The executive secretary of the board 
 20.33  shall keep a record of all licenses ~~and registration~~ 
 20.34  ~~certificates~~ issued, suspended, or revoked. 
 20.35     Sec. 16.  Minnesota Statutes 2002, section 150A.08, 
 20.36  subdivision 5, is amended to read: 
 21.1      Subd. 5.  [MEDICAL EXAMINATIONS.] If the board has probable 
 21.2   cause to believe that a dentist, dental hygienist, ~~registered~~ 
 21.3   dental assistant, or applicant engages in acts described in 
 21.4   subdivision 1, clause (4) or (5), or has a condition described 
 21.5   in subdivision 1, clause (8), it shall direct the dentist, 
 21.6   dental hygienist, dental assistant, or applicant to submit to a 
 21.7   mental or physical examination or a chemical dependency 
 21.8   assessment.  For the purpose of this subdivision, every dentist, 
 21.9   hygienist, or assistant licensed ~~or registered~~ under this 
 21.10  chapter or person submitting an application for a license ~~or~~ 
 21.11  ~~registration~~ is deemed to have given consent to submit to a 
 21.12  mental or physical examination when directed in writing by the 
 21.13  board and to have waived all objections in any proceeding under 
 21.14  this section to the admissibility of the examining physician's 
 21.15  testimony or examination reports on the ground that they 
 21.16  constitute a privileged communication.  Failure to submit to an 
 21.17  examination without just cause may result in an application 
 21.18  being denied or a default and final order being entered without 
 21.19  the taking of testimony or presentation of evidence, other than 
 21.20  evidence which may be submitted by affidavit, that the licensee~~,~~ 
 21.21  ~~registrant,~~ or applicant did not submit to the examination.  A 
 21.22  dentist, dental hygienist, ~~registered~~ dental assistant, or 
 21.23  applicant affected under this section shall at reasonable 
 21.24  intervals be afforded an opportunity to demonstrate ability to 
 21.25  start or resume the competent practice of dentistry or perform 
 21.26  the duties of a dental hygienist or ~~registered~~ dental assistant 
 21.27  with reasonable skill and safety to patients.  In any proceeding 
 21.28  under this subdivision, neither the record of proceedings nor 
 21.29  the orders entered by the board is admissible, is subject to 
 21.30  subpoena, or may be used against the dentist, dental 
 21.31  hygienist, ~~registered~~ dental assistant, or applicant in any 
 21.32  proceeding not commenced by the board.  Information obtained 
 21.33  under this subdivision shall be classified as private pursuant 
 21.34  to the Minnesota Government Data Practices Act.  
 21.35     Sec. 17.  Minnesota Statutes 2002, section 150A.08, 
 21.36  subdivision 6, is amended to read: 
 22.1      Subd. 6.  [MEDICAL RECORDS.] Notwithstanding contrary 
 22.2   provisions of sections 13.384 and 144.651 or any other statute 
 22.3   limiting access to medical or other health data, the board may 
 22.4   obtain medical data and health records of a licensee~~,~~ 
 22.5   ~~registrant,~~ or applicant without the licensee's~~, registrant's,~~ 
 22.6   or applicant's consent if the information is requested by the 
 22.7   board as part of the process specified in subdivision 5.  The 
 22.8   medical data may be requested from a provider, as defined in 
 22.9   section 144.335, subdivision 1, clause (b), an insurance 
 22.10  company, or a government agency, including the department of 
 22.11  human services.  A provider, insurance company, or government 
 22.12  agency shall comply with any written request of the board under 
 22.13  this subdivision and shall not be liable in any action for 
 22.14  damages for releasing the data requested by the board if the 
 22.15  data are released pursuant to a written request under this 
 22.16  subdivision, unless the information is false and the provider 
 22.17  giving the information knew, or had reason to believe, the 
 22.18  information was false.  Information obtained under this 
 22.19  subdivision shall be classified as private under the Minnesota 
 22.20  Government Data Practices Act.  
 22.21     Sec. 18.  Minnesota Statutes 2002, section 150A.08, 
 22.22  subdivision 8, is amended to read: 
 22.23     Subd. 8.  [SUSPENSION OF LICENSE.] In addition to any other 
 22.24  remedy provided by law, the board may, through its designated 
 22.25  board members pursuant to section 214.10, subdivision 2, 
 22.26  temporarily suspend a license ~~or registration~~ without a hearing 
 22.27  if the board finds that the licensee ~~or registrant~~ has violated 
 22.28  a statute or rule which the board is empowered to enforce and 
 22.29  continued practice by the licensee ~~or registrant~~ would create an 
 22.30  imminent risk of harm to others.  The suspension shall take 
 22.31  effect upon written notice to the licensee ~~or registrant~~ served 
 22.32  by first class mail specifying the statute or rule violated, and 
 22.33  the time, date, and place of the hearing before the board.  If 
 22.34  the notice is returned by the post office, the notice shall be 
 22.35  effective upon reasonable attempts to locate and serve the 
 22.36  licensee ~~or registrant~~.  Within ten days of service of the 
 23.1   notice, the board shall hold a hearing before its own members on 
 23.2   the sole issue of whether there is a reasonable basis to 
 23.3   continue, modify, or lift the suspension.  Evidence presented by 
 23.4   the board~~,~~ or licensee~~, or registrant,~~ shall be in affidavit 
 23.5   form only.  The licensee ~~or registrant~~ or counsel of the 
 23.6   licensee ~~or registrant~~ may appear for oral argument.  Within 
 23.7   five working days after the hearing, the board shall issue its 
 23.8   order and, if the suspension is continued, the board shall 
 23.9   schedule a disciplinary hearing to be held pursuant to the 
 23.10  Administrative Procedure Act within 45 days of issuance of the 
 23.11  order.  The administrative law judge shall issue a report within 
 23.12  30 days of the closing of the contested case hearing record.  
 23.13  The board shall issue a final order within 30 days of receiving 
 23.14  that report.  The board may allow a person who was licensed by 
 23.15  any state to practice dentistry and whose license has been 
 23.16  suspended to practice dentistry under the supervision of a 
 23.17  licensed dentist for the purpose of demonstrating competence and 
 23.18  eligibility for reinstatement.  
 23.19     Sec. 19.  Minnesota Statutes 2002, section 150A.081, 
 23.20  subdivision 1, is amended to read: 
 23.21     Subdivision 1.  [ACCESS TO DATA ON LICENSEE ~~OR REGISTRANT~~.] 
 23.22  When the board has probable cause to believe that a 
 23.23  licensee's ~~or registrant's~~ condition meets a ground listed in 
 23.24  section 150A.08, subdivision 1, clause (4) or (8), it may, 
 23.25  notwithstanding sections 13.384, 144.651, or any other law 
 23.26  limiting access to medical data, obtain medical or health 
 23.27  records on the licensee ~~or registrant~~ without the licensee's ~~or~~ 
 23.28  ~~registrant's~~ consent.  The medical data may be requested from a 
 23.29  provider, as defined in section 144.335, subdivision 1, 
 23.30  paragraph (b), an insurance company, or a government agency.  A 
 23.31  provider, insurance company, or government agency shall comply 
 23.32  with a written request of the board under this subdivision and 
 23.33  is not liable in any action for damages for releasing the data 
 23.34  requested by the board if the data are released under the 
 23.35  written request, unless the information is false and the entity 
 23.36  providing the information knew, or had reason to believe, the 
 24.1   information was false. 
 24.2      Sec. 20.  Minnesota Statutes 2002, section 150A.081, 
 24.3   subdivision 2, is amended to read: 
 24.4      Subd. 2.  [ACCESS TO DATA ON PATIENTS.] The board has 
 24.5   access to medical records of a patient treated by a licensee ~~or~~ 
 24.6   ~~registrant~~ under review if the patient signs a written consent 
 24.7   permitting access.  If the patient has not given consent, the 
 24.8   licensee ~~or registrant~~ must delete data from which a patient may 
 24.9   be identified before releasing medical records to the board. 
 24.10     Sec. 21.  Minnesota Statutes 2002, section 150A.09, 
 24.11  subdivision 1, is amended to read: 
 24.12     Subdivision 1.  [~~REGISTRATION~~ RENEWAL INFORMATION AND 
 24.13  PROCEDURE.] On or before the license ~~or registration certificate~~ 
 24.14  expiration date, every licensed dentist, dental hygienist, 
 24.15  and ~~registered~~ dental assistant shall transmit to the executive 
 24.16  secretary of the board, pertinent information required by the 
 24.17  board, together with the fee established by the board.  At least 
 24.18  30 days before a license ~~or registration certificate~~ expiration 
 24.19  date, the board shall send a written notice stating the amount 
 24.20  and due date of the fee and the information to be provided to 
 24.21  every licensed dentist, dental hygienist, and ~~registered~~ dental 
 24.22  assistant. 
 24.23     Sec. 22.  Minnesota Statutes 2002, section 150A.09, 
 24.24  subdivision 3, is amended to read: 
 24.25     Subd. 3.  [CURRENT ADDRESS, CHANGE OF ADDRESS.] Every 
 24.26  dentist, dental hygienist, and ~~registered~~ dental assistant shall 
 24.27  maintain with the board a correct and current mailing address.  
 24.28  For dentists engaged in the practice of dentistry, the address 
 24.29  shall be that of the location of the primary dental practice.  
 24.30  Within 30 days after changing addresses, every dentist, dental 
 24.31  hygienist, and ~~registered~~ dental assistant shall provide the 
 24.32  board written notice of the new address either personally or by 
 24.33  first class mail. 
 24.34     Sec. 23.  Minnesota Statutes 2002, section 150A.09, 
 24.35  subdivision 5, is amended to read: 
 24.36     Subd. 5.  [LATE FEE.] A late fee established by the board 
 25.1   shall be paid if the information and fee required by subdivision 
 25.2   1 is not received by the executive secretary of the board on or 
 25.3   before the ~~registration or~~ license renewal date. 
 25.4      Sec. 24.  Minnesota Statutes 2002, section 150A.10, 
 25.5   subdivision 2, is amended to read: 
 25.6      Subd. 2.  [DENTAL ASSISTANTS AND DENTAL AIDES.] Every 
 25.7   licensed dentist who uses the services of ~~any unlicensed~~ 
 25.8   ~~person~~ a licensed dental assistant or a dental aide for the 
 25.9   purpose of assistance in the practice of dentistry shall be 
 25.10  responsible for the acts of such ~~unlicensed~~ person while engaged 
 25.11  in such assistance.  ~~Such dentist shall permit such unlicensed~~ 
 25.12  ~~assistant to perform only those acts which are authorized to be~~ 
 25.13  ~~delegated to unlicensed assistants by the board of dentistry~~ A 
 25.14  licensed dental assistant may provide any service delegated by a 
 25.15  licensed dentist as permitted by the rules of the board.  A 
 25.16  dental aide may only perform those services that are authorized 
 25.17  to be delegated by a licensed dentist to a dental aide by the 
 25.18  board of dentistry.  Such ~~acts~~ services shall be performed under 
 25.19  supervision of a licensed dentist.  The board may permit 
 25.20  differing levels of dental assistance based upon recognized 
 25.21  educational standards, approved by the board, for the training 
 25.22  of dental assistants.  The board may also define by rule the 
 25.23  scope of practice of ~~registered and nonregistered~~ licensed 
 25.24  dental assistants and dental aides.  The board by rule may 
 25.25  require continuing education for differing levels of dental 
 25.26  assistants and dental aides, as a condition to 
 25.27  their ~~registration~~ licensure or authority to perform their 
 25.28  authorized duties.  Any licensed dentist who ~~shall permit such~~ 
 25.29  ~~unlicensed~~ permits a licensed dental assistant or a dental aide 
 25.30  to perform any dental service other than ~~that~~ those authorized 
 25.31  by the board shall be deemed to be enabling an unlicensed person 
 25.32  to practice dentistry, and commission of such an act by ~~such~~ 
 25.33  ~~unlicensed~~ a licensed assistant or a dental aide shall 
 25.34  constitute a violation of sections 150A.01 to 150A.12. 
 25.35     Sec. 25.  Minnesota Statutes 2002, section 214.18, 
 25.36  subdivision 5, is amended to read: 
 26.1      Subd. 5.  [REGULATED PERSON.] "Regulated person" means a 
 26.2   licensed dental hygienist, dentist, physician, nurse who is 
 26.3   currently registered as a registered nurse or licensed practical 
 26.4   nurse, podiatrist, ~~a registered~~ or dental assistant, a 
 26.5   physician's assistant, and for purposes of sections 214.19, 
 26.6   subdivisions 4 and 5; 214.20, paragraph (a); and 214.24, a 
 26.7   chiropractor. 
 26.8      Sec. 26.  Minnesota Statutes 2002, section 352.91, 
 26.9   subdivision 3g, is amended to read: 
 26.10     Subd. 3g.  [ADDITIONAL CORRECTIONS DEPARTMENT PERSONNEL.] 
 26.11  (a) "Covered correctional service" means service by a state 
 26.12  employee in one of the employment positions at the designated 
 26.13  Minnesota correctional facility specified in paragraph (b), 
 26.14  provided that at least 75 percent of the employee's working time 
 26.15  is spent in direct contact with inmates and the fact of this 
 26.16  direct contact is certified to the executive director by the 
 26.17  commissioner of corrections. 
 26.18     (b) The employment positions and correctional facilities 
 26.19  are: 
 26.20     (1) corrections discipline unit supervisor, at the 
 26.21  Minnesota correctional facility-Faribault, the Minnesota 
 26.22  correctional facility-Lino Lakes, the Minnesota correctional 
 26.23  facility-Oak Park Heights, and the Minnesota correctional 
 26.24  facility-St. Cloud; 
 26.25     (2) dental assistant ~~registered~~, at the Minnesota 
 26.26  correctional facility-Faribault, the Minnesota correctional 
 26.27  facility-Lino Lakes, the Minnesota correctional facility-Moose 
 26.28  Lake, the Minnesota correctional facility-Oak Park Heights, and 
 26.29  the Minnesota correctional facility-Red Wing; 
 26.30     (3) dental hygienist, at the Minnesota correctional 
 26.31  facility-Shakopee; 
 26.32     (4) psychologist 2, at the Minnesota correctional 
 26.33  facility-Faribault, the Minnesota correctional facility-Lino 
 26.34  Lakes, the Minnesota correctional facility-Moose Lake, the 
 26.35  Minnesota correctional facility-Oak Park Heights, the Minnesota 
 26.36  correctional facility-Red Wing, the Minnesota correctional 
 27.1   facility-St. Cloud, the Minnesota correctional 
 27.2   facility-Shakopee, and the Minnesota correctional 
 27.3   facility-Stillwater; and 
 27.4      (5) sentencing to service crew leader involved with the 
 27.5   inmate community work crew program, at the Minnesota 
 27.6   correctional facility-Faribault and the Minnesota correctional 
 27.7   facility-Lino Lakes.