1.1 	A bill for an act
1.2 	relating to health occupations; establishing licensure
1.3 	for denturists; amending Minnesota Statutes 2004,
1.4 	sections 150A.01, by adding subdivisions; 150A.02;
1.5 	150A.04, subdivision 5; 150A.05, subdivision 2, by
1.6 	adding a subdivision; 150A.06, subdivisions 2b, 2d, 4,
1.7 	6, by adding subdivisions; 150A.08, subdivisions 1,
1.8 	3a, 5; 150A.09, subdivisions 1, 3; 150A.10,
1.9 	subdivision 3, by adding a subdivision; 150A.11,
1.10 	subdivisions 2, 3, 4; 150A.12; 150A.21.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2004, section 150A.01, is
1.13 	amended by adding a subdivision to read:
1.14 		Subd. 5a.Denture. "Denture" means a removable full or
1.15 	partial upper or lower dental appliance to be worn in the mouth
1.16 	to replace missing natural teeth.

1.17 	Sec. 2. Minnesota Statutes 2004, section 150A.01, is
1.18 	amended by adding a subdivision to read:
1.19 		Subd. 5b.Denturist. "Denturist" means a person licensed
1.20 	under sections 150A.01 to 150A.12 to perform the services
1.21 	authorized under section 150A.05, subdivision 1b, in compliance
1.22 	with section 150A.10.

1.23 	Sec. 3. Minnesota Statutes 2004, section 150A.02, is
1.24 	amended to read:
1.25 	150A.02 BOARD OF DENTISTRY.
1.26 	Subdivision 1.  There is hereby created a Board of
1.27 	Dentistry whose duty it shall be to carry out the purposes and
1.28 	enforce the provisions of sections 150A.01 to 150A.12.  The
2.1 	board shall consist of two public members as defined by section
2.2 	214.02, five qualified resident dentists, one qualified resident
2.3 	registered dental assistant, ~~and~~ one qualified resident dental
2.4 	hygienist, and one qualified resident denturist appointed by the
2.5 	governor.  Membership terms, compensation of members, removal of
2.6 	members, the filling of membership vacancies, and fiscal year
2.7 	and reporting requirements shall be as provided in sections
2.8 	214.07 to 214.09.  The provision of staff, administrative
2.9 	services and office space; the review and processing of board
2.10 	complaints; the setting of board fees; and other provisions
2.11 	relating to board operations shall be as provided in chapter
2.12 	214.  Each board member who is a dentist, registered dental
2.13 	assistant, ~~or~~ dental hygienist, or denturist appointed after
2.14 	January 1, 2009,shall have been lawfully in active practice in
2.15 	this state for five years immediately preceding appointment; and
2.16 	no board member shall be eligible for appointment to more than
2.17 	two consecutive four-year terms, and members serving on the
2.18 	board at the time of the enactment hereof shall be eligible to
2.19 	reappointment provided they shall not have served more than nine
2.20 	consecutive years at the expiration of the term to which they
2.21 	are to be appointed.  At least 90 days prior to the expiration
2.22 	of the terms of dentists, registered dental assistants, or
2.23 	dental hygienists, the Minnesota Dental Association, Minnesota
2.24 	Dental Assistants Association, or the Minnesota State Dental
2.25 	Hygiene Association shall recommend to the governor for each
2.26 	term expiring not less than two dentists, two registered dental
2.27 	assistants, or two dental hygienists, respectively, who are
2.28 	qualified to serve on the board, and from the list so
2.29 	recommended the governor may appoint members to the board for
2.30 	the term of four years, the appointments to be made within 30
2.31 	days after the expiration of the terms.  Within 60 days after
2.32 	the occurrence of a dentist, registered dental assistant or
2.33 	dental hygienist vacancy, prior to the expiration of the term,
2.34 	in the board, the Minnesota Dental Association, the Minnesota
2.35 	Dental Assistants Association, or the Minnesota State Dental
2.36 	Hygiene Association shall recommend to the governor not less
3.1 	than two dentists, two registered dental assistants, or two
3.2 	dental hygienists, who are qualified to serve on the board and
3.3 	from the list so recommended the governor, within 30 days after
3.4 	receiving such list of dentists, may appoint one member to the
3.5 	board for the unexpired term occasioned by such vacancy.  Any
3.6 	appointment to fill a vacancy shall be made within 90 days after
3.7 	the occurrence of such vacancy.  The first four-year term of the
3.8 	~~dental hygienist and of the registered dental~~
3.9 	~~assistant~~ denturist shall commence on the first Monday in
3.10 	January~~, 1977~~ 2007.

3.11 	Sec. 4. Minnesota Statutes 2004, section 150A.04,
3.12 	subdivision 5, is amended to read:
3.13 		Subd. 5.Rules.  The board may promulgate rules as are
3.14 	necessary to carry out and make effective the provisions and
3.15 	purposes of sections 150A.01 to 150A.12, in accordance with
3.16 	chapter 14.  The rules may specify training and education
3.17 	necessary for administering general anesthesia and intravenous
3.18 	conscious sedation. The rules may specify a statement of oral
3.19 	conditions and other record retention requirements, training,
3.20 	and education requirements, and the specification of other
3.21 	procedures incidental to the practice of denturism.

3.22 	Sec. 5. Minnesota Statutes 2004, section 150A.05, is
3.23 	amended by adding a subdivision to read:
3.24 		Subd. 1b.Practice of denturists. A person is practicing
3.25 	as a denturist within the meaning of sections 150A.01 to 150A.12
3.26 	if the person:
3.27 	(1) takes denture impressions and bite registration for the
3.28 	purpose of making, producing, reproducing, constructing,
3.29 	finishing, supplying, altering, or repairing a complete upper or
3.30 	complete lower prosthetic denture, or both, to be fitted to an
3.31 	edentulous arch or arches;
3.32 	(2) fits a complete upper or lower prosthetic denture, or
3.33 	both, to an edentulous arch or arches, including making,
3.34 	producing, reproducing, constructing, finishing, supplying,
3.35 	altering, and repairing dentures; and 
3.36 	(3) performs procedures incidental to those in clauses (1)
4.1 	and (2), as defined by the board.

4.2 	Sec. 6. Minnesota Statutes 2004, section 150A.05,
4.3 	subdivision 2, is amended to read:
4.4 		Subd. 2.Exemptions and exceptions of certain practices
4.5 	and operations.  Sections 150A.01 to 150A.12 do not apply to:
4.6 	(1) the practice of dentistry ~~or~~ ,dental hygiene, or
4.7 	denturism in any branch of the armed services of the United
4.8 	States, the United States Public Health Service, or the United
4.9 	States Veterans Administration;
4.10 	(2) the practice of dentistry, dental hygiene, ~~or~~ dental
4.11 	assisting, or denturism by undergraduate dental students, dental
4.12 	hygiene students, ~~and~~ dental assisting students, and denturist
4.13 	students of the University of Minnesota, schools of dental
4.14 	hygiene, or schools of dental assisting or denturism approved by
4.15 	the board, when acting under the direction and supervision of a
4.16 	licensed dentist or a licensed dental hygienist acting as an
4.17 	instructor;
4.18 	(3) the practice of dentistry by licensed dentists of other
4.19 	states or countries while appearing as clinicians under the
4.20 	auspices of a duly approved dental school or college, or a
4.21 	reputable dental society, or a reputable dental study club
4.22 	composed of dentists;
4.23 	(4) the actions of persons while they are taking
4.24 	examinations for licensure or registration administered or
4.25 	approved by the board pursuant to sections 150A.03, subdivision
4.26 	1, and 150A.06, subdivisions 1, 2, and 2a;
4.27 	(5) the practice of dentistry by dentists, denturists,and
4.28 	dental hygienists licensed by other states during their
4.29 	functioning as examiners responsible for conducting licensure or
4.30 	registration examinations administered by regional and national
4.31 	testing agencies with whom the board is authorized to affiliate
4.32 	and participate under section 150A.03, subdivision 1, and the
4.33 	practice of dentistry by the regional and national testing
4.34 	agencies during their administering examinations pursuant to
4.35 	section 150A.03, subdivision 1;
4.36 	(6) the use of X-rays or other diagnostic imaging
5.1 	modalities for making radiographs or other similar records in a
5.2 	hospital under the supervision of a physician or dentist or by a
5.3 	person who is credentialed to use diagnostic imaging modalities
5.4 	or X-ray machines for dental treatment, roentgenograms, or
5.5 	dental diagnostic purposes by a credentialing agency other than
5.6 	the Board of Dentistry; or
5.7 	(7) the service, other than service performed directly upon
5.8 	the person of a patient, of constructing, altering, repairing,
5.9 	or duplicating any denture, partial denture, crown, bridge,
5.10 	splint, orthodontic, prosthetic, or other dental appliance, when
5.11 	performed according to a written work order from a licensed
5.12 	dentist or a licensed denturist in accordance with section
5.13 	150A.10, subdivision 3.

5.14 	Sec. 7. Minnesota Statutes 2004, section 150A.06, is
5.15 	amended by adding a subdivision to read:
5.16 		Subd. 1d.Denturists. The board shall issue a license to
5.17 	practice as a denturist to an applicant who:
5.18 	(1) submits a completed application to the board on a form
5.19 	provided by the board;
5.20 	(2) submits the fees prescribed by the board;
5.21 	(3) submits documentation of successful completion of the
5.22 	program at a board-approved denturism postsecondary institution
5.23 	or has successfully completed an equivalent denturist
5.24 	educational program approved by the board, if the program
5.25 	conforms to the international baseline competencies as defined
5.26 	by the International Federation of Denturists and includes
5.27 	courses in oral pathology, infection control, medical
5.28 	emergencies, and clinical experience; and 
5.29 	(4) passes a written examination and clinical examination
5.30 	concerning, but not limited to, dental materials, dental
5.31 	technology, Department of Health and Human Services Centers for
5.32 	Disease Control guidelines, head and oral anatomy and
5.33 	physiology, oral pathology, partial denture construction and
5.34 	design, microbiology, dental laboratory technology, asepsis,
5.35 	medical emergencies, and cardiopulmonary resuscitation.  The
5.36 	examinations must conform to the international baseline
6.1 	competencies as defined by the International Federation of
6.2 	Denturists.  An applicant who fails the clinical examination
6.3 	twice is ineligible to retake the clinical examination until the
6.4 	applicant obtains further education and training specified by
6.5 	the board.

6.6 	Sec. 8. Minnesota Statutes 2004, section 150A.06, is
6.7 	amended by adding a subdivision to read:
6.8 		Subd. 1e.Temporary denturist permit. The board may
6.9 	issue a temporary permit to an applicant who demonstrates to the
6.10 	satisfaction of the board a minimum of five years of a
6.11 	combination of training and experience in denture technology or
6.12 	as a denture laboratory technician.  The permit expires one year
6.13 	after the date of issue and may be renewed.  The board may
6.14 	charge the applicant an annual permit fee.  A permit holder must
6.15 	practice denturism under the direct supervision of a licensed
6.16 	dentist or licensed denturist.  The board shall keep a record of
6.17 	licensed dentists and licensed denturists who supervise permit
6.18 	holders.  A permit holder may take the written examination and
6.19 	clinical examination described under subdivision 1d and approved
6.20 	by the board after holding a permit for one year.  If a passing
6.21 	grade is achieved and the permit holder meets the requirements
6.22 	specified under subdivision 1d, clauses (1) and (2), the board
6.23 	shall issue a license.

6.24 	Sec. 9. Minnesota Statutes 2004, section 150A.06,
6.25 	subdivision 2b, is amended to read:
6.26 		Subd. 2b.Examination.  When the Board of Dentistry
6.27 	administers the examination for licensure or registration, only
6.28 	those board members or board-appointed deputy examiners
6.29 	qualified for the particular examination may administer it.  An
6.30 	examination which the board requires as a condition of licensure
6.31 	or registration must have been taken within the five years
6.32 	before the board receives the application for licensure or
6.33 	registration. The board may contract with international,
6.34 	national, or regional examiners to prepare, administer, and
6.35 	grade the examinations for licensure required under subdivision
6.36 	1d, clause (4).

7.1 	Sec. 10. Minnesota Statutes 2004, section 150A.06,
7.2 	subdivision 2d, is amended to read:
7.3 		Subd. 2d.Volunteer and retired dentists, dental
7.4 	hygienists, denturists,and registered dental assistants
7.5 	continuing education and professional development waiver.  (a)
7.6 	The board shall grant a waiver to the continuing education
7.7 	requirements under this chapter for a licensed dentist, licensed
7.8 	dental hygienist, licensed denturist,or registered dental
7.9 	assistant who documents to the satisfaction of the board that
7.10 	the dentist, dental hygienist, denturist,or registered dental
7.11 	assistant has retired from active practice in the state and
7.12 	limits the provision of dental care services to those offered
7.13 	without compensation in a public health, community, or tribal
7.14 	clinic or a nonprofit organization that provides services to the
7.15 	indigent or to recipients of medical assistance, general
7.16 	assistance medical care, or MinnesotaCare programs.
7.17 	(b) The board may require written documentation from the
7.18 	volunteer and retired dentist, dental hygienist, denturist,or
7.19 	registered dental assistant prior to granting this waiver.
7.20 	(c) The board shall require the volunteer and retired
7.21 	dentist, dental hygienist, denturist,or registered dental
7.22 	assistant to meet the following requirements:
7.23 	(1) a licensee or registrant seeking a waiver under this
7.24 	subdivision must complete and document at least five hours of
7.25 	approved courses in infection control, medical emergencies, and
7.26 	medical management for the continuing education cycle; and
7.27 	(2) provide documentation of certification in advanced or
7.28 	basic cardiac life support recognized by the American Heart
7.29 	Association, the American Red Cross, or an equivalent entity.

7.30 	Sec. 11. Minnesota Statutes 2004, section 150A.06,
7.31 	subdivision 4, is amended to read:
7.32 		Subd. 4.Licensure by credentials.  (a) Any dentist,
7.33 	denturist,or dental hygienist may, upon application and payment
7.34 	of a fee established by the board, apply for licensure based on
7.35 	the applicant's performance record in lieu of passing an
7.36 	examination approved by the board according to section 150A.03,
8.1 	subdivision 1, and be interviewed by the board to determine if
8.2 	the applicant:
8.3 	(1) has been in active practice at least 2,000 hours within
8.4 	36 months of the application date, or passed a board-approved
8.5 	reentry program within 36 months of the application date;
8.6 	(2) currently has a license in another state or Canadian
8.7 	province and is not subject to any pending or final disciplinary
8.8 	action, or if not currently licensed, previously had a license
8.9 	in another state or Canadian province in good standing that was
8.10 	not subject to any final or pending disciplinary action at the
8.11 	time of surrender;
8.12 	(3) is of good moral character and abides by professional
8.13 	ethical conduct requirements;
8.14 	(4) at board discretion, has passed a board-approved
8.15 	English proficiency test if English is not the applicant's
8.16 	primary language; and
8.17 	(5) meets other credentialing requirements specified in
8.18 	board rule.
8.19 	(b) An applicant who fulfills the conditions of this
8.20 	subdivision and demonstrates the minimum knowledge in dental
8.21 	subjects required for licensure under subdivision 1, 1d,or 2
8.22 	must be licensed to practice the applicant's profession.
8.23 	(c) If the applicant does not demonstrate the minimum
8.24 	knowledge in dental subjects required for licensure under
8.25 	subdivision 1, 1d,or 2, the application must be denied.  When
8.26 	denying a license, the board may notify the applicant of any
8.27 	specific remedy that the applicant could take which, when
8.28 	passed, would qualify the applicant for licensure.  A denial
8.29 	does not prohibit the applicant from applying for licensure
8.30 	under subdivision 1, 1d,or 2.
8.31 	(d) A candidate whose application has been denied may
8.32 	appeal the decision to the board according to subdivision 4a.

8.33 	Sec. 12. Minnesota Statutes 2004, section 150A.06,
8.34 	subdivision 6, is amended to read:
8.35 		Subd. 6.Display of name and certificates.  The initial
8.36 	license and subsequent renewal, or current registration
9.1 	certificate, of every dentist, dental hygienist, denturist,or
9.2 	dental assistant shall be conspicuously displayed in every
9.3 	office in which that person practices, in plain sight of
9.4 	patients.  Near or on the entrance door to every office where
9.5 	dentistry is practiced, the name of each dentist practicing
9.6 	there, as inscribed on the current license certificate, shall be
9.7 	displayed in plain sight.

9.8 	Sec. 13. Minnesota Statutes 2004, section 150A.08,
9.9 	subdivision 1, is amended to read:
9.10 		Subdivision 1.Grounds.  The board may refuse or by order
9.11 	suspend or revoke, limit or modify by imposing conditions it
9.12 	deems necessary, any license to practice dentistry ~~or~~ ,dental
9.13 	hygiene, or denturism or the registration of any dental
9.14 	assistant upon any of the following grounds:
9.15 	(1) fraud or deception in connection with the practice of
9.16 	dentistry or the securing of a license or registration
9.17 	certificate;
9.18 	(2) conviction, including a finding or verdict of guilt, an
9.19 	admission of guilt, or a no contest plea, in any court of a
9.20 	felony or gross misdemeanor reasonably related to the practice
9.21 	of dentistry as evidenced by a certified copy of the conviction;
9.22 	(3) conviction, including a finding or verdict of guilt, an
9.23 	admission of guilt, or a no contest plea, in any court of an
9.24 	offense involving moral turpitude as evidenced by a certified
9.25 	copy of the conviction;
9.26 	(4) habitual overindulgence in the use of intoxicating
9.27 	liquors;
9.28 	(5) improper or unauthorized prescription, dispensing,
9.29 	administering, or personal or other use of any legend drug as
9.30 	defined in chapter 151, of any chemical as defined in chapter
9.31 	151, or of any controlled substance as defined in chapter 152;
9.32 	(6) conduct unbecoming a person licensed to practice
9.33 	dentistry ~~or~~ ,dental hygiene, or denturism or registered as a
9.34 	dental assistant, or conduct contrary to the best interest of
9.35 	the public, as such conduct is defined by the rules of the
9.36 	board;
10.1 	(7) gross immorality;
10.2 	(8) any physical, mental, emotional, or other disability
10.3 	which adversely affects a dentist's, dental
10.4 	hygienist's, denturist's,or registered dental assistant's
10.5 	ability to perform the service for which the person is licensed
10.6 	or registered;
10.7 	(9) revocation or suspension of a license, registration, or
10.8 	equivalent authority to practice, or other disciplinary action
10.9 	or denial of a license or registration application taken by a
10.10 	licensing, registering, or credentialing authority of another
10.11 	state, territory, or country as evidenced by a certified copy of
10.12 	the licensing authority's order, if the disciplinary action or
10.13 	application denial was based on facts that would provide a basis
10.14 	for disciplinary action under this chapter and if the action was
10.15 	taken only after affording the credentialed person or applicant
10.16 	notice and opportunity to refute the allegations or pursuant to
10.17 	stipulation or other agreement;
10.18 	(10) failure to maintain adequate safety and sanitary
10.19 	conditions for a dental office in accordance with the standards
10.20 	established by the rules of the board;
10.21 	(11) employing, assisting, or enabling in any manner an
10.22 	unlicensed person to practice dentistry;
10.23 	(12) failure or refusal to attend, testify, and produce
10.24 	records as directed by the board under subdivision 7;
10.25 	(13) violation of, or failure to comply with, any other
10.26 	provisions of sections 150A.01 to 150A.12, the rules of the
10.27 	Board of Dentistry, or any disciplinary order issued by the
10.28 	board, section 144.335 or 595.02, subdivision 1, paragraph (d),
10.29 	or for any other just cause related to the practice of
10.30 	dentistry.  Suspension, revocation, modification or limitation
10.31 	of any license shall not be based upon any judgment as to
10.32 	therapeutic or monetary value of any individual drug prescribed
10.33 	or any individual treatment rendered, but only upon a repeated
10.34 	pattern of conduct;
10.35 	(14) knowingly providing false or misleading information
10.36 	that is directly related to the care of that patient unless done
11.1 	for an accepted therapeutic purpose such as the administration
11.2 	of a placebo; or
11.3 	(15) aiding suicide or aiding attempted suicide in
11.4 	violation of section 609.215 as established by any of the
11.5 	following:
11.6 	(i) a copy of the record of criminal conviction or plea of
11.7 	guilty for a felony in violation of section 609.215, subdivision
11.8 	1 or 2;
11.9 	(ii) a copy of the record of a judgment of contempt of
11.10 	court for violating an injunction issued under section 609.215,
11.11 	subdivision 4;
11.12 	(iii) a copy of the record of a judgment assessing damages
11.13 	under section 609.215, subdivision 5; or
11.14 	(iv) a finding by the board that the person violated
11.15 	section 609.215, subdivision 1 or 2.  The board shall
11.16 	investigate any complaint of a violation of section 609.215,
11.17 	subdivision 1 or 2.

11.18 	Sec. 14. Minnesota Statutes 2004, section 150A.08,
11.19 	subdivision 3a, is amended to read:
11.20 		Subd. 3a.Costs; additional penalties.  (a) The board may
11.21 	impose a civil penalty not exceeding $10,000 for each separate
11.22 	violation, the amount of the civil penalty to be fixed so as to
11.23 	deprive a licensee or registrant of any economic advantage
11.24 	gained by reason of the violation, to discourage similar
11.25 	violations by the licensee or registrant or any other licensee
11.26 	or registrant, or to reimburse the board for the cost of the
11.27 	investigation and proceeding, including, but not limited to,
11.28 	fees paid for services provided by the Office of Administrative
11.29 	Hearings, legal and investigative services provided by the
11.30 	Office of the Attorney General, court reporters, witnesses,
11.31 	reproduction of records, board members' per diem compensation,
11.32 	board staff time, and travel costs and expenses incurred by
11.33 	board staff and board members.
11.34 	(b) In addition to costs and penalties imposed under
11.35 	paragraph (a), the board may also:
11.36 	(1) order the dentist, dental hygienist, denturist,or
12.1 	dental assistant to provide unremunerated service;
12.2 	(2) censure or reprimand the dentist, dental
12.3 	hygienist, denturist,or dental assistant; or
12.4 	(3) any other action as allowed by law and justified by the
12.5 	facts of the case.

12.6 	Sec. 15. Minnesota Statutes 2004, section 150A.08,
12.7 	subdivision 5, is amended to read:
12.8 		Subd. 5.Medical examinations.  If the board has probable
12.9 	cause to believe that a dentist, dental hygienist, denturist,
12.10 	registered dental assistant, or applicant engages in acts
12.11 	described in subdivision 1, clause (4) or (5), or has a
12.12 	condition described in subdivision 1, clause (8), it shall
12.13 	direct the dentist, dental hygienist, denturist,assistant, or
12.14 	applicant to submit to a mental or physical examination or a
12.15 	chemical dependency assessment.  For the purpose of this
12.16 	subdivision, every dentist, hygienist, denturist,or assistant
12.17 	licensed or registered under this chapter or person submitting
12.18 	an application for a license or registration is deemed to have
12.19 	given consent to submit to a mental or physical examination when
12.20 	directed in writing by the board and to have waived all
12.21 	objections in any proceeding under this section to the
12.22 	admissibility of the examining physician's testimony or
12.23 	examination reports on the ground that they constitute a
12.24 	privileged communication.  Failure to submit to an examination
12.25 	without just cause may result in an application being denied or
12.26 	a default and final order being entered without the taking of
12.27 	testimony or presentation of evidence, other than evidence which
12.28 	may be submitted by affidavit, that the licensee, registrant, or
12.29 	applicant did not submit to the examination.  A dentist, dental
12.30 	hygienist, denturist,registered dental assistant, or applicant
12.31 	affected under this section shall at reasonable intervals be
12.32 	afforded an opportunity to demonstrate ability to start or
12.33 	resume the competent practice of dentistry or perform the duties
12.34 	of a dental hygienist, denturist,or registered dental assistant
12.35 	with reasonable skill and safety to patients.  In any proceeding
12.36 	under this subdivision, neither the record of proceedings nor
13.1 	the orders entered by the board is admissible, is subject to
13.2 	subpoena, or may be used against the dentist, dental
13.3 	hygienist, denturist,registered dental assistant, or applicant
13.4 	in any proceeding not commenced by the board.  Information
13.5 	obtained under this subdivision shall be classified as private
13.6 	pursuant to the Minnesota Government Data Practices Act.

13.7 	Sec. 16. Minnesota Statutes 2004, section 150A.09,
13.8 	subdivision 1, is amended to read:
13.9 		Subdivision 1.Registration information and procedure.
 13.10 	On or before the license or registration certificate expiration
13.11 	date every licensed dentist, dental hygienist, denturist,and
13.12 	registered dental assistant shall transmit to the executive
13.13 	secretary of the board, pertinent information required by the
13.14 	board, together with the fee established by the board.  At least
13.15 	30 days before a license or registration certificate expiration
13.16 	date, the board shall send a written notice stating the amount
13.17 	and due date of the fee and the information to be provided to
13.18 	every licensed dentist, dental hygienist, denturist,and
13.19 	registered dental assistant.

13.20 	Sec. 17. Minnesota Statutes 2004, section 150A.09,
13.21 	subdivision 3, is amended to read:
13.22 		Subd. 3.Current address, change of address.  Every
13.23 	dentist, dental hygienist, denturist,and registered dental
13.24 	assistant shall maintain with the board a correct and current
13.25 	mailing address.  For dentists engaged in the practice of
13.26 	dentistry, the address shall be that of the location of the
13.27 	primary dental practice.  Within 30 days after changing
13.28 	addresses, every dentist, dental hygienist, denturist,and
13.29 	registered dental assistant shall provide the board written
13.30 	notice of the new address either personally or by first class
13.31 	mail.

13.32 	Sec. 18. Minnesota Statutes 2004, section 150A.10,
13.33 	subdivision 3, is amended to read:
13.34 		Subd. 3.Dental technicians.  Every licensed dentist or
13.35 	licensed denturist who uses the services of any unlicensed
13.36 	person, other than under the dentist's supervision and within
14.1 	such dentist's own office, for the purpose of constructing,
14.2 	altering, repairing or duplicating any denture, partial denture,
14.3 	crown, bridge, splint, orthodontic, prosthetic or other dental
14.4 	appliance, shall be required to furnish such unlicensed person
14.5 	with a written work order in such form as shall be prescribed by
14.6 	the rules of the board; said work order shall be made in
14.7 	duplicate form, a duplicate copy to be retained in a permanent
14.8 	file in the dentist's or denturist's office for a period of two
14.9 	years, and the original to be retained in a permanent file for a
14.10 	period of two years by such unlicensed person in that person's
14.11 	place of business.  Such permanent file of work orders to be
14.12 	kept by such dentist or denturist or by such unlicensed person
14.13 	shall be open to inspection at any reasonable time by the board
14.14 	or its duly constituted agent.

14.15 	Sec. 19. Minnesota Statutes 2004, section 150A.10, is
14.16 	amended by adding a subdivision to read:
14.17 		Subd. 5.Denturists. A licensed denturist may provide
14.18 	those services authorized in section 150A.06, subdivision 1d.
14.19 	For one year following initial licensure, a licensed denturist
14.20 	must receive from the patient a certificate of oral health from
14.21 	a licensed dentist or physician certifying that a denture poses
14.22 	no threat to the patient's health before providing authorized
14.23 	services.  The certificate must be dated 60 days from the date
14.24 	the services are performed by the denturist.

14.25 	Sec. 20. Minnesota Statutes 2004, section 150A.11,
14.26 	subdivision 2, is amended to read:
14.27 		Subd. 2.Professional advertising.  Public advertising by
14.28 	dentists or denturists may be controlled by reasonable rules of
14.29 	the board.  Such rules shall include permission for such things
14.30 	as publication of a professional card, reasonable signs on or
14.31 	about the place of business, announcements of changes or opening
14.32 	of offices and telephone listings.

14.33 	Sec. 21. Minnesota Statutes 2004, section 150A.11,
14.34 	subdivision 3, is amended to read:
14.35 		Subd. 3.Advertising or use of dental services and
14.36 	appliances.  No person shall advertise in any manner the sale,
15.1 	supply, furnishing, construction, reproduction, relining, or
15.2 	repair without a written work order by a licensed dentist or
15.3 	licensed denturist of prosthetic dentures, bridges, plates or
15.4 	other appliances to be used or worn as substitutes for natural
15.5 	teeth, or for the regulation thereof.  All such advertisements
15.6 	shall contain the words "A written work order from a licensed
15.7 	dentist or licensed denturist is required" in at least 10-point
15.8 	type size.  Except for advertising permitted under this
15.9 	subdivision, a person not licensed to practice dentistry or
15.10 	denturism in this state shall not sell or offer any such service
15.11 	or products to other than the dental profession or its ancillary
15.12 	trades, provided, however that the mere delivery of such
15.13 	products to an ultimate consumer or person acting in the
15.14 	consumer's behalf for the purpose of transporting such products
15.15 	to the licensed dentist or licensed denturist who provided the
15.16 	work order shall not violate this subdivision.  This subdivision
15.17 	shall not apply to mailings, displays, and advertisements the
15.18 	primary distribution of which is to the dental profession or its
15.19 	ancillary trades.

15.20 	Sec. 22. Minnesota Statutes 2004, section 150A.11,
15.21 	subdivision 4, is amended to read:
15.22 		Subd. 4.Dividing fees.  It shall be unlawful for any
15.23 	dentist or denturist to divide fees with or promise to pay a
15.24 	part of the dentist's or denturist's fee to, or to pay a
15.25 	commission to, any dentist or other person who calls the dentist
15.26 	or denturist in consultation or who sends patients to the
15.27 	dentist or denturist for treatment, or operation, but nothing
15.28 	herein shall prevent licensed dentists or licensed denturists 
15.29 	from forming a bona fide partnership for the practice of
15.30 	dentistry, nor to the actual employment by a licensed dentist of
15.31 	a licensed dental hygienist, licensed denturist,or another
15.32 	licensed dentist.

15.33 	Sec. 23. Minnesota Statutes 2004, section 150A.12, is
15.34 	amended to read:
15.35 	150A.12 VIOLATION AND DEFENSES.
15.36 	Every person who violates any of the provisions of sections
16.1 	150A.01 to 150A.12 for which no specific penalty is provided
16.2 	herein, shall be guilty of a gross misdemeanor; and, upon
16.3 	conviction, punished by a fine of not more than $3,000 or by
16.4 	imprisonment in the county jail for not more than one year or by
16.5 	both such fine and imprisonment.  In the prosecution of any
16.6 	person for violation of sections 150A.01 to 150A.12, it shall
16.7 	not be necessary to allege or prove lack of a valid license to
16.8 	practice dentistry ~~or~~ ,dental hygiene, or denturism but such
16.9 	matter shall be a matter of defense to be established by the
16.10 	defendant.

16.11 	Sec. 24. Minnesota Statutes 2004, section 150A.21, is
16.12 	amended to read:
16.13 	150A.21 REMOVABLE DENTAL PROSTHESES; OWNER
16.14 	IDENTIFICATION.
16.15 	Subdivision 1.  Every complete upper and lower denture and
16.16 	removable dental prosthesis fabricated by a dentist or denturist 
16.17 	licensed under section 150A.06, or fabricated pursuant to the
16.18 	dentist's or denturist's work order, shall be marked with the
16.19 	name and Social Security number of the patient for whom the
16.20 	prosthesis is intended.  The markings shall be done during
16.21 	fabrication and shall be permanent, legible and cosmetically
16.22 	acceptable. The exact location of the markings and the methods
16.23 	used to apply or implant them shall be determined by the
16.24 	dentist, denturist,or dental laboratory fabricating the
16.25 	prosthesis.  If in the professional judgment of the dentist,
16.26 	denturist,or dental laboratory, this identification is not
16.27 	practicable, identification shall be provided as follows:
16.28 	(a) The Social Security number of the patient may be
16.29 	omitted if the name of the patient is shown;
16.30 	(b) The initials of the patient may be shown alone, if use
16.31 	of the name of the patient is impracticable;
16.32 	(c) The identification marks may be omitted in their
16.33 	entirety if none of the forms of identification specified in
16.34 	clauses (a) and (b) are practicable or clinically safe.
16.35 	Subd. 2.  Any removable dental prosthesis in existence
16.36 	prior to August 1, 1978, which was not marked in accordance with
17.1 	subdivision 1 at the time of its fabrication, shall be so marked
17.2 	at the time of any subsequent rebasing.
17.3 	Subd. 3.  The commissioner of health shall provide
17.4 	technical assistance for marking methods and materials and other
17.5 	matters necessary to effectuate the provisions of this section.
17.6 	Subd. 4.  Failure of any dentist or denturist to comply
17.7 	with this section shall be deemed to be a violation for which
17.8 	the dentist or denturist may be subject to proceedings pursuant
17.9 	to section 150A.08, provided the dentist or denturist is charged
17.10 	with the violation within two years of initial insertion of the
17.11 	dental prosthetic device.