2003 Minnesota Statutes

     150A.06 Licensure. 

    Subdivision 1.    Dentists.  A person of good moral 
 character not already a licensed dentist of the state, having 
 submitted an application and fee as prescribed by the board and 
 the diploma or equivalent awarded to the person by a dental 
 college approved by the board, may be examined by the board or 
 by an agency pursuant to section 150A.03, subdivision 1, in a 
 manner to test the applicant's fitness to practice dentistry.  A 
 graduate of a dental college in another country must not be 
 disqualified from examination solely because of the applicant's 
 foreign training if the board determines that the training is 
 equivalent to or higher than that provided by a dental college 
 approved by the Commission on Dental Accreditation of the 
 American Dental Association or a successor organization.  In the 
 case of examinations conducted pursuant to section 150A.03, 
 subdivision 1, applicants may take the examination prior to 
 applying to the board for licensure.  The examination shall 
 include an examination of the applicant's knowledge of the laws 
 of Minnesota relating to dentistry and the rules of the board.  
 An applicant is ineligible to retake the clinical examination 
 required by the board after failing it twice until further 
 education and training are obtained as specified by the board by 
 rule.  A separate, nonrefundable fee may be charged for each 
 time a person applies.  An applicant who passes the examination 
 in compliance with subdivision 2b and meets all other 
 requirements of the board shall be licensed to practice 
 dentistry and supplied with a license by the board. 

    Subd. 1a.    Faculty dentists.  (a) Faculty members of a 
 school of dentistry must be licensed or registered in order to 
 practice dentistry as defined in section 150A.05.  The board may 
 issue to members of the faculty of a school of dentistry a 
 license designated as either a "limited faculty license" or a 
 "full faculty license" entitling the holder to practice 
 dentistry within the terms described in paragraph (b) or (c).  
 The dean of the school of dentistry and program directors of 
 accredited Minnesota dental hygiene or dental assisting schools 
 shall certify to the board those members of the school's faculty 
 who practice dentistry but are not licensed to practice 
 dentistry in Minnesota.  A faculty member who practices 
 dentistry as defined in section 150A.05, before beginning duties 
 in the school of dentistry, shall apply to the board for a 
 limited or full faculty license.  The license expires the next 
 July 1 and may, at the discretion of the board, be renewed on a 
 yearly basis.  The faculty applicant shall pay a nonrefundable 
 fee set by the board for issuing and renewing the faculty 
 license.  The faculty license is valid during the time the 
 holder remains a member of the faculty of a school of dentistry 
 and subjects the holder to this chapter.  

    (b) The board may issue to dentist members of the faculty 
 of an accredited Minnesota school of dentistry, dental hygiene, 
 or dental assisting a license designated as a limited faculty 
 license entitling the holder to practice dentistry within the 
 school and its affiliated teaching facilities, but only for the 
 purposes of instructing or conducting research.  The practice of 
 dentistry at a school facility for purposes other than 
 instruction or research is not allowed unless the faculty member 
 is licensed under subdivision 1 or is a faculty member on August 
 1, 1993.  

    (c) The board may issue to dentist members of the faculty 
 of an accredited Minnesota school of dentistry, dental hygiene, 
 or dental assisting a license designated as a full faculty 
 license entitling the holder to practice dentistry within the 
 school and its affiliated teaching facilities and elsewhere if 
 the holder of the license is employed 50 percent time or more by 
 the school in the practice of teaching or research, and upon 
 successful review by the board of the applicant's qualifications 
 as described in subdivisions 1c and 4.  The board, at its 
 discretion, may waive specific licensing prerequisites. 

    Subd. 1b.    Resident dentists.  A person who is a 
 graduate of a dental school and is an enrolled graduate student 
 or student of an accredited advanced dental education program 
 and who is not licensed to practice dentistry in the state shall 
 obtain from the board a license to practice dentistry as a 
 resident dentist.  The license must be designated "resident 
 dentist license" and authorizes the licensee to practice 
 dentistry only under the supervision of a licensed dentist.  A 
 resident dentist license must be renewed annually pursuant to 
 the board's rules.  An applicant for a resident dentist license 
 shall pay a nonrefundable fee set by the board for issuing and 
 renewing the license.  The requirements of sections 150A.01 to 
 150A.21 apply to resident dentists except as specified in rules 
 adopted by the board.  A resident dentist license does not 
 qualify a person for licensure under subdivision 1.  This 
 subdivision takes effect on September 1 following the date that 
 the rules adopted under this subdivision become effective.  

    Subd. 1c.    Specialty dentists.  (a) The board may 
 grant a specialty license in the following areas of dentistry:  

    (1) endodontics; 

    (2) oral and maxillofacial surgery; 

    (3) oral pathology; 

    (4) orthodontics; 

    (5) pediatric dentistry; 

    (6) periodontics; 

    (7) prosthodontics; and 

    (8) public health. 

    (b) Notwithstanding section 147.081, subdivision 3, a 
 person practicing in the specialty area of oral and 
 maxillofacial surgery must either be licensed by the board under 
 subdivision 1, or have a specialty license in the oral and 
 maxillofacial surgery specialty area.  Notwithstanding paragraph 
 (c), an oral and maxillofacial surgery specialty license may be 
 issued to a person not licensed under subdivision 1.  

    (c) An applicant for a specialty license shall: 

    (1) have successfully completed an advanced education 
 program approved by the Commission on Accreditation in one of 
 the specialty areas; 

    (2) have announced a limitation of practice before 1967; or 

    (3) have been certified by a specialty examining board 
 approved by the board.  

    The board shall also require the applicant to be licensed 
 under subdivision 1 or have an equivalent license in another 
 state as determined by the board, meet all other requirements 
 prescribed by the board, and pay a nonrefundable fee set by the 
 board. 

    (d) A dentist with an equivalent license in another state 
 and a specialty license in Minnesota is limited in Minnesota to 
 practicing only in the specialty license area as defined by the 
 board. 

    Subd. 2.    Dental hygienists.  A person of good moral 
 character not already a licensed dental hygienist of this state, 
 who has graduated from a dental hygiene program established in 
 an institution that is accredited by an accrediting agency 
 recognized by the United States Department of Education to offer 
 college-level programs may apply for licensure.  The dental 
 hygiene program must provide a minimum of two academic years of 
 dental hygiene curriculum and be accredited by the American 
 Dental Association Commission on Dental Accreditation.  The 
 applicant must submit an application and fee as prescribed by 
 the board and a diploma or certificate of dental hygiene.  Prior 
 to being licensed, the applicant must pass the National Board of 
 Dental Hygiene Examination and a board approved examination 
 designed to determine the applicant's clinical competency.  In 
 the case of examinations conducted pursuant to section 150A.03, 
 subdivision 1, applicants may take the examination before 
 applying to the board for licensure.  The applicant must also 
 pass an examination testing the applicant's knowledge of the 
 laws of Minnesota relating to the practice of dentistry and of 
 the rules of the board.  An applicant is ineligible to retake 
 the clinical examination required by the board after failing it 
 twice until further education and training are obtained as 
 specified by the board by rule.  A separate, nonrefundable fee 
 may be charged for each time a person applies.  An applicant who 
 passes the examination in compliance with subdivision 2b and 
 meets all the other requirements of the board shall be licensed 
 as a dental hygienist and supplied with a license by the board.  

    Subd. 2a.    Registered dental assistant.  A person of 
 good moral character, who has submitted an application and fee 
 as prescribed by the board and the diploma or equivalent awarded 
 to the person by a training school for dental assistants or its 
 equivalent approved by the board, may be examined by the board 
 or by an agency pursuant to section 150A.03, subdivision 1, in a 
 manner to test the applicant's fitness to perform as a 
 registered dental assistant.  In the case of examinations 
 conducted pursuant to section 150A.03, subdivision 1, applicants 
 may take the examination before applying to the board for 
 registration.  The examination shall include an examination of 
 the applicant's knowledge of the laws of Minnesota relating to 
 dentistry and the rules of the board.  An applicant is 
 ineligible to retake the clinical examination required by the 
 board after failing it twice until further education and 
 training are obtained as specified by the board by rule.  A 
 separate, nonrefundable fee may be charged for each time a 
 person applies.  An applicant who passes the examination in 
 compliance with subdivision 2b and meets all the other 
 requirements of the board shall be registered as a dental 
 assistant.  The examination fee set by the board in rule is the 
 application fee until the board amends, repeals, or otherwise 
 changes the rules pursuant to chapter 14. 

    Subd. 2b.    Examination.  When board members administer 
 the examination for licensure or registration, only those board 
 members qualified for the particular examination may administer 
 it.  An examination which the board requires as a condition of 
 licensure or registration must have been taken within the five 
 years before the board receives the application for licensure or 
 registration.  

    Subd. 2c.    Guest license or registration.  (a) The 
 board shall grant a guest license to practice as a dentist or 
 dental hygienist or a guest registration to practice as a dental 
 assistant if the following conditions are met: 

    (1) the dentist, dental hygienist, or dental assistant is 
 currently licensed or registered in good standing in North 
 Dakota, South Dakota, Iowa, or Wisconsin; 

    (2) the dentist, dental hygienist, or dental assistant is 
 currently engaged in the practice of that person's respective 
 profession in North Dakota, South Dakota, Iowa, or Wisconsin; 

    (3) the dentist, dental hygienist, or dental assistant is 
 seeking to practice in a public health setting in Minnesota that 
 (i) is approved by the board; (ii) was established by a 
 nonprofit organization that is tax exempt under chapter 
 501(c)(3) of the Internal Revenue Code of 1986; and (iii) 
 provides dental care to patients who have difficulty accessing 
 dental care; 

    (4) the dentist, dental hygienist, or dental assistant 
 agrees to treat indigent patients who meet the eligibility 
 criteria established by the clinic; and 

    (5) the dentist, dental hygienist, or dental assistant has 
 applied to the board for a guest license or registration, 
 providing evidence of being currently licensed or registered in 
 good standing in North Dakota, South Dakota, Iowa, or Wisconsin, 
 and has paid a nonrefundable license fee to the board of $50. 

    (b) A dentist, dental hygienist, or dental assistant 
 practicing under a guest license or registration may only 
 practice at a single, specific location in Minnesota.  A guest 
 license or registration must be renewed annually with the board 
 and an annual renewal fee of $50 must be paid to the board.  If 
 the clinic in Minnesota at which a dentist, dental hygienist, or 
 dental assistant seeks to practice permanently ceases operation, 
 the guest license or registration issued under this subdivision 
 is automatically revoked. 

    (c) A dentist, dental hygienist, or dental assistant 
 practicing under a guest license or registration under this 
 subdivision shall have the same obligations as a dentist, dental 
 hygienist, or dental assistant who is licensed in Minnesota and 
 shall be subject to the laws and rules of Minnesota and the 
 regulatory authority of the board.  If the board suspends or 
 revokes the guest license or registration of, or otherwise 
 disciplines, a dentist, dental hygienist, or dental assistant 
 practicing under this subdivision, the board shall promptly 
 report such disciplinary action to the dentist's, dental 
 hygienist's, or Dental Assistant's Regulatory Board in the 
 border state. 

    Subd. 2d.    Volunteer and retired dentists, dental 
 hygienists, and registered dental assistants.  (a) The board 
 shall grant a waiver to the continuing education requirements 
 under this chapter for a dentist, dental hygienist, or 
 registered dental assistant who documents to the satisfaction of 
 the board that the dentist, dental hygienist, or registered 
 dental assistant has retired from active practice in the state 
 and limits the provision of dental care services to those 
 offered without compensation in a public health, community, or 
 tribal clinic or a nonprofit organization that provides services 
 to the indigent or to recipients of medical assistance, general 
 assistance medical care, or MinnesotaCare programs. 

    (b) The board may require written documentation from the 
 volunteer and retired dentist, dental hygienist, or registered 
 dental assistant prior to granting this waiver. 

    (c) The board shall require the volunteer and retired 
 dentist, dental hygienist, or registered dental assistant to 
 meet the following requirements: 

    (1) a licensee or registrant seeking a waiver under this 
 subdivision must complete at least five hours of approved 
 courses in infection control, medical emergencies, and medical 
 management for the continuing education cycle; and 

    (2) provide documentation of certification in advanced or 
 basic cardiac life support recognized by the American Heart 
 Association, the American Red Cross, or an equivalent entity. 

    Subd. 3.    Waiver of examination.  (a) All or any part 
 of the examination for dentists or dental hygienists, except 
 that pertaining to the law of Minnesota relating to dentistry 
 and the rules of the board, may, at the discretion of the board, 
 be waived for an applicant who presents a certificate of 
 qualification from the National Board of Dental Examiners or 
 evidence of having maintained an adequate scholastic standing as 
 determined by the board, in dental school as to dentists, or 
 dental hygiene school as to dental hygienists. 

    (b) Effective January 1, 2004, the board shall waive the 
 clinical examination required for licensure for any applicant 
 who is a graduate of a dental school accredited by the 
 Commission on Dental Accreditation of the American Dental 
 Association or an equivalent organization as determined by the 
 board, who has successfully completed parts I and II of national 
 boards, and who has satisfactorily completed a Minnesota-based 
 postdoctoral general dentistry residency program accredited by 
 the Commission on Dental Accreditation of the American Dental 
 Association if the program is of at least one year's duration 
 and includes an outcome assessment evaluation assessing the 
 resident's competence to practice dentistry.  The board may 
 require the applicant to submit any information deemed necessary 
 by the board to determine whether the waiver is applicable.  The 
 board may waive the clinical examination for an applicant who 
 meets the requirements of this paragraph and has satisfactorily 
 completed an accredited postdoctoral general dentistry residency 
 program located outside of Minnesota. 

    Subd. 4.    Licensure by credentials.  Any person who is 
 lawfully practicing dentistry or dental hygiene in another state 
 or Canadian province having and maintaining a standard of 
 examination for licensure and of laws regulating the practice 
 within that state or Canadian province, substantially equivalent 
 to Minnesota's, as determined by the board, who is a reputable 
 dentist or dental hygienist of good moral character, and who 
 deposits, in person, with the Board of Dentistry a certificate 
 from the Board of Dentistry of the state or Canadian province in 
 which the applicant is licensed, certifying to the fact of 
 licensure and that the applicant is of good moral character and 
 professional attainments, shall, upon payment of the fee 
 established by the board, be interviewed by the board.  The 
 interview shall consist of assessing the applicant's knowledge 
 of dental subjects.  If the applicant does not demonstrate the 
 minimum knowledge in dental subjects required for licensure 
 under subdivisions 1 and 2, the application shall be denied.  
 When denying a license, the board may notify the applicant of 
 any specific course that the applicant could take which, if 
 passed, would qualify the applicant for licensure.  The denial 
 shall not prohibit the applicant from applying for licensure 
 under subdivisions 1 and 2.  If the applicant demonstrates the 
 minimum knowledge in dental subjects required for licensure 
 under subdivisions 1 and 2 and meets the other requirements of 
 this subdivision, a license shall be granted to practice in this 
 state, if the applicant passes an examination on the laws of 
 Minnesota relating to dentistry and the rules of the board of 
 dentistry.  

    Subd. 4a.    Appeal of denial of application.  A person 
 whose application for licensure by credentials has been denied 
 may appeal the decision to the board.  The board shall establish 
 an appeals process and inform a denied candidate of the right to 
 appeal and the process for filing the appeal. 

    Subd. 5.    Fraud in securing licenses.  Every person 
 implicated in employing fraud or deception in applying for or 
 securing a license to practice dentistry or dental hygiene or in 
 applying for or securing a registration to practice dental 
 assisting or in annually registering a license or registration 
 under sections 150A.01 to 150A.12 is guilty of a gross 
 misdemeanor. 

    Subd. 6.    Display of name and certificates.  The name, 
 license certificate, and annual registration certificate of 
 every licensed dentist, dental hygienist, or registered dental 
 assistant shall be conspicuously displayed in every office in 
 which that person practices, in plain sight of patients.  If 
 there is more than one dentist, dental hygienist, or registered 
 dental assistant practicing or employed in any office, the 
 manager or proprietor of the office shall display in plain sight 
 the name, license certificate and annual registration 
 certificate of each dentist, dental hygienist, or registered 
 dental assistant practicing or employed there.  Near or on the 
 entrance door to every office where dentistry is practiced, the 
 name of each dentist practicing there, as inscribed on the 
 license certificate and annual registration certificate of each 
 dentist, shall be displayed in plain sight.  

    Subd. 7. Repealed, 1989 c 285 s 7 

    HIST: 1969 c 974 s 6; 1976 c 222 s 76; 1976 c 263 s 3-5; 1978 
 c 770 s 2-5; 1979 c 50 s 15; 1980 c 596 s 1-3; 1982 c 424 s 130; 
 1983 c 70 s 4; 1986 c 444; 1989 c 285 s 3; 1993 c 84 s 4-7; 1996 
 c 273 s 2; 2001 c 37 s 1; 2002 c 370 s 1; 1Sp2003 c 5 s 1-3 

*   NOTE:  Subdivision 3, paragraph (b), as added by Laws 2003, 
*First Special Session chapter 5, section 3, expires August 1, 
*2008.  Laws 2003, First Special Session chapter 5, section 11.