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Minnesota Administrative Rules

3100.6200 CONDUCT UNBECOMING A LICENSEE.

"Conduct unbecoming a person licensed to practice dentistry, dental therapy, dental hygiene, or dental assisting, or conduct contrary to the best interests of the public," as used in Minnesota Statutes, section 150A.08, subdivision 1, clause (6), shall include the act of a dentist, dental hygienist, licensed dental assistant, or applicant in:

A.

engaging in personal conduct that brings discredit to the profession of dentistry;

B.

gross ignorance or incompetence in the practice of dentistry or repeated performance of dental treatment that falls below accepted standards;

C.

making suggestive, lewd, lascivious, or improper advances to a patient;

D.

dentists charging a patient an unconscionable fee or charging for services not rendered;

E.

performing unnecessary services;

F.

dental therapists, hygienists, or licensed dental assistants performing services not authorized by the dentist under this chapter or Minnesota Statutes, chapter 150A;

G.

accepting rebates, split fees, or, applicable to dentists only, commissions from any source associated with the service rendered to a patient; provided, however, that the sharing of profits in a dental partnership or association, or dental professional firm approved by and registered with the board, shall not be construed as splitting fees nor shall compensating allied dental personnel on the basis of a percentage of the fee received for the overall service be deemed accepting a commission;

H.

falsifying records relating to payment for services rendered, participation in a CDE course; or other records with respect to licensure, CDE, and the practice of dentistry;

I.

perpetrating fraud upon patients, third-party payers, or others relating to the practice of dentistry;

J.

failing to cooperate with the board, its agents, or those working on behalf of the board required by part 3100.6350;

K.

failing to maintain adequate safety and sanitary conditions for a dental office specified in part 3100.6300; and

L.

failing to provide access to and transfer of medical and dental records prescribed by Minnesota Statutes, sections 144.291 to 144.298.

Statutory Authority:

MS s 150A.04; 150A.06; 150A.08; 150A.10; 150A.11; 214.06; 319A.18

History:

10 SR 1613; 14 SR 1214; 16 SR 2314; L 2007 c 147 art 10 s 15; 35 SR 459; 36 SR 738

Published Electronically:

January 5, 2012

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569