2004 Minnesota Statutes

CHAPTER 150A. Dentistry

     150A.01 Definitions. 

    Subdivision 1.    Applicability.  As used in sections 
 150A.01 to 150A.12, the following terms shall have the meanings 
 given them.  

    Subd. 2.    Board.  "Board" means the state Board of 
 Dentistry.  

    Subd. 3.    Dental technician.  "Dental technician" 
 means a person performing acts authorized under section 150A.10, 
 subdivision 3.  

    Subd. 4.    Dental hygienist.  "Dental hygienist" means 
 a person licensed pursuant to sections 150A.01 to 150A.12 to 
 perform the services authorized pursuant to section 150A.10, 
 subdivision 1, or any other services authorized by sections 
 150A.01 to 150A.12.  

    Subd. 5.    Dental assistant.  "Dental assistant" means 
 a person performing acts authorized under section 150A.10, 
 subdivision 2.  

    Subd. 6.    Dentist.  "Dentist" means a dentist licensed 
 pursuant to sections 150A.01 to 150A.12.  

    Subd. 6a.    Faculty dentist.  "Faculty dentist" means a 
 person who is licensed to practice dentistry as a faculty member 
 of a school of dentistry. 

    Subd. 7.    Person.  "Person" includes an individual, 
 corporation, partnership, association or any other legal entity. 

    Subd. 8.    Registered dental assistant.  "Registered 
 dental assistant" means a person registered pursuant to section 
 150A.06. 

    Subd. 8a.    Resident dentist.  "Resident dentist" means 
 a person who is licensed to practice dentistry as an enrolled 
 graduate student or student of an advanced education program 
 accredited by the American Dental Association Commission on 
 Accreditation. 

    Subd. 9.    State.  "State," when used in reference to a 
 state other than Minnesota, means any other state of the United 
 States, the District of Columbia, and the Commonwealth of Puerto 
 Rico.  

    HIST: 1969 c 974 s 1; 1976 c 263 s 1; 1983 c 70 s 2; 1993 c 84 
 s 1,2 

     150A.02 Board of Dentistry. 

    Subdivision 1.    Generally.  There is hereby created a Board of 
 Dentistry whose duty it shall be to carry out the purposes and 
 enforce the provisions of sections 150A.01 to 150A.12.  The 
 board shall consist of two public members as defined by section 
 214.02, five qualified resident dentists, one qualified resident 
 registered dental assistant, and one qualified resident dental 
 hygienist appointed by the governor.  Membership terms, 
 compensation of members, removal of members, the filling of 
 membership vacancies, and fiscal year and reporting requirements 
 shall be as provided in sections 214.07 to 214.09.  The 
 provision of staff, administrative services and office space; 
 the review and processing of board complaints; the setting of 
 board fees; and other provisions relating to board operations 
 shall be as provided in chapter 214.  Each board member who is a 
 dentist, registered dental assistant, or dental hygienist shall 
 have been lawfully in active practice in this state for five 
 years immediately preceding appointment; and no board member 
 shall be eligible for appointment to more than two consecutive 
 four-year terms, and members serving on the board at the time of 
 the enactment hereof shall be eligible to reappointment provided 
 they shall not have served more than nine consecutive years at 
 the expiration of the term to which they are to be appointed.  
 At least 90 days prior to the expiration of the terms of 
 dentists, registered dental assistants, or dental hygienists, 
 the Minnesota Dental Association, Minnesota Dental Assistants 
 Association, or the Minnesota State Dental Hygiene Association 
 shall recommend to the governor for each term expiring not less 
 than two dentists, two registered dental assistants, or two 
 dental hygienists, respectively, who are qualified to serve on 
 the board, and from the list so recommended the governor may 
 appoint members to the board for the term of four years, the 
 appointments to be made within 30 days after the expiration of 
 the terms.  Within 60 days after the occurrence of a dentist, 
 registered dental assistant or dental hygienist vacancy, prior 
 to the expiration of the term, in the board, the Minnesota 
 Dental Association, the Minnesota Dental Assistants Association, 
 or the Minnesota State Dental Hygiene Association shall 
 recommend to the governor not less than two dentists, two 
 registered dental assistants, or two dental hygienists, who are 
 qualified to serve on the board and from the list so recommended 
 the governor, within 30 days after receiving such list of 
 dentists, may appoint one member to the board for the unexpired 
 term occasioned by such vacancy.  Any appointment to fill a 
 vacancy shall be made within 90 days after the occurrence of 
 such vacancy.  The first four-year term of the dental hygienist 
 and of the registered dental assistant shall commence on the 
 first Monday in January, 1977. 

    Subd. 2.  Repealed, 1975 c 136 s 77 

    HIST: 1969 c 974 s 2; 1973 c 638 s 25; 1975 c 136 s 25; 1976 c 
 222 s 73; 1976 c 239 s 57; 1976 c 263 s 2; 1986 c 444; 1991 c 
 199 art 1 s 44 

     150A.03 Officers; salaries; equipment and supplies. 

    Subdivision 1.    Officers.  The board shall elect from 
 its members a president, a vice-president, and a secretary.  The 
 board shall have a common seal.  It may hold meetings at such 
 times as may be necessary and as it may determine.  The board 
 may affiliate and participate, both in and out-of-state, with 
 regional and national testing agencies for the purpose of 
 conducting examinations for licensure and registration.  The fee 
 charged by such an agency for conducting the examination may be 
 in addition to the application fee established by the board 
 pursuant to section 150A.06. 

    Subd. 2.    Executive secretary; funds.  The board shall 
 appoint an executive secretary who shall not be a member of the 
 board and who shall be in the unclassified civil service.  The 
 board may accept any funds which may be made available to the 
 board from any source.  All funds received by the board under 
 sections 150A.01 to 150A.12 shall be paid to the executive 
 secretary thereof.  The expenses of administering sections 
 150A.01 to 150A.12 shall be paid from the appropriation made to 
 the Board of Dentistry. 

    Subd. 3.    Expenses, national associations.  The board 
 may expend the necessary funds for its offices and furniture, 
 fixtures, and supplies.  The board may affiliate with the 
 American Association of Dental Examiners as an active member and 
 pay regular annual dues to this association, and send members of 
 the board as delegates to the meetings of the American 
 Association of Dental Examiners. 

    HIST: 1969 c 974 s 3; 1973 c 507 s 45; 1973 c 638 s 26; 1975 c 
 136 s 26-28; 1976 c 222 s 74; 1978 c 770 s 1 

     150A.04 Rules of board. 

    Subdivision 1.  Repealed, 1976 c 222 s 209 

    Subd. 2.  Repealed, 1976 c 222 s 209 

    Subd. 3.  Repealed, 1976 c 222 s 209 

    Subd. 4.  Repealed, 1976 c 222 s 209 

    Subd. 5.    Rules.  The board may promulgate rules as 
 are necessary to carry out and make effective the provisions and 
 purposes of sections 150A.01 to 150A.12, in accordance with 
 chapter 14.  The rules may specify training and education 
 necessary for administering general anesthesia and intravenous 
 conscious sedation. 

    HIST: 1969 c 974 s 4; 1976 c 222 s 75; 1982 c 424 s 130; 1984 
 c 491 s 1; 1985 c 248 s 70; 1995 c 233 art 2 s 56; 1997 c 187 
 art 5 s 20 

     150A.05 Licensed dental practice. 

    Subdivision 1.    Practice of dentistry.  A person shall 
 be deemed to be practicing dentistry within the meaning of 
 sections 150A.01 to 150A.12: 

    (1) who uses a dental degree, or designation, or card, 
 device, directory, sign, or other media whereby the person 
 represents an ability to diagnose, treat, prescribe, or operate 
 for any disease, pain, deformity, deficiency, injury, or 
 physical condition of the human tooth, teeth, alveolar process, 
 gums or jaw, or adjacent or associated structures; 

    (2) who is a manager, proprietor, operator or conductor of 
 a place where dental operations are performed; 

    (3) who performs dental operations of any kind 
 gratuitously, or for a fee, gift, compensation or reward, paid 
 or to be paid, to any person or agency; 

    (4) who uses a roentgen or X-ray machine for dental 
 treatment, roentgenograms or for dental diagnostic purposes; 

    (5) who extracts a human tooth or teeth, or corrects or 
 attempts to correct malpositions of the human teeth or jaws; 

    (6) who offers and undertakes, by any means or method, to 
 diagnose, treat or remove stains or accretions from human teeth 
 or jaws; 

    (7) who takes impressions of the human tooth, teeth, or 
 jaws or performs any phase of any operation incident to the 
 replacement of a part of a tooth, a tooth, teeth or associated 
 tissues by means of a filling, a crown, a bridge, a denture or 
 other appliance; 

    (8) who furnishes, supplies, constructs, reproduces, 
 repairs, or offers to furnish, supply, construct, reproduce or 
 repair prosthetic dentures or plates, bridges or other 
 substitutes for natural teeth, to the user or prospective user 
 thereof; or 

    (9) who performs any clinical operation included in the 
 curricula of recognized dental schools and colleges.  

    Subd. 1a.    Practice of dental hygienists.  A person 
 shall be deemed to be practicing as a dental hygienist within 
 the meaning of sections 150A.01 to 150A.12: 

    (1) who provides care that is educational, preventive, and 
 therapeutic through observation, assessment, evaluation, 
 counseling, and therapeutic services to establish and maintain 
 oral health; 

    (2) who evaluates patient health status through review of 
 medical and dental histories, assesses and plans dental hygiene 
 care needs, performs a prophylaxis including complete removal of 
 calciferous deposits, accretions and stains by scaling, 
 polishing, and performs root planing and debridement; 

    (3) who administers local anesthesia and nitrous oxide 
 inhalation analgesia; or 

    (4) who provides other related services as permitted by the 
 rules of the board. 

    Subd. 2.    Exemptions and exceptions of certain practices 
 and operations.  Sections 150A.01 to 150A.12 do not apply to: 

    (1) the practice of dentistry or dental hygiene in any 
 branch of the armed services of the United States, the United 
 States Public Health Service, or the United States Veterans 
 Administration; 

    (2) the practice of dentistry, dental hygiene, or dental 
 assisting by undergraduate dental students, dental hygiene 
 students, and dental assisting students of the University of 
 Minnesota, schools of dental hygiene, or schools of dental 
 assisting approved by the board, when acting under the direction 
 and supervision of a licensed dentist or a licensed dental 
 hygienist acting as an instructor; 

    (3) the practice of dentistry by licensed dentists of other 
 states or countries while appearing as clinicians under the 
 auspices of a duly approved dental school or college, or a 
 reputable dental society, or a reputable dental study club 
 composed of dentists; 

    (4) the actions of persons while they are taking 
 examinations for licensure or registration administered or 
 approved by the board pursuant to sections 150A.03, subdivision 
 1, and 150A.06, subdivisions 1, 2, and 2a; 

    (5) the practice of dentistry by dentists and dental 
 hygienists licensed by other states during their functioning as 
 examiners responsible for conducting licensure or registration 
 examinations administered by regional and national testing 
 agencies with whom the board is authorized to affiliate and 
 participate under section 150A.03, subdivision 1, and the 
 practice of dentistry by the regional and national testing 
 agencies during their administering examinations pursuant to 
 section 150A.03, subdivision 1; 

    (6) the use of X-rays or other diagnostic imaging 
 modalities for making radiographs or other similar records in a 
 hospital under the supervision of a physician or dentist or by a 
 person who is credentialed to use diagnostic imaging modalities 
 or X-ray machines for dental treatment, roentgenograms, or 
 dental diagnostic purposes by a credentialing agency other than 
 the Board of Dentistry; or 

    (7) the service, other than service performed directly upon 
 the person of a patient, of constructing, altering, repairing, 
 or duplicating any denture, partial denture, crown, bridge, 
 splint, orthodontic, prosthetic, or other dental appliance, when 
 performed according to a written work order from a licensed 
 dentist in accordance with section 150A.10, subdivision 3. 

    HIST: 1969 c 974 s 5; 1981 c 102 s 1; 1983 c 29 s 1; 1983 c 70 
 s 3; 1986 c 444; 1993 c 84 s 3; 1996 c 273 s 1 

     150A.06 Licensure. 

    Subdivision 1.    Dentists.  A person of good moral 
 character who has graduated from a dental program accredited by 
 the Commission on Dental Accreditation of the American Dental 
 Association, having submitted an application and fee as 
 prescribed 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 
 accredited by the Commission on Dental Accreditation of the 
 American Dental Association.  In the case of examinations 
 conducted pursuant to section 150A.03, subdivision 1, applicants 
 shall 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, abides by professional ethical 
 conduct requirements, and meets all other requirements of the 
 board shall be licensed to practice dentistry and granted a 
 general dentist license by the board. 

    Subd. 1a.    Faculty dentists.  (a) Faculty members of a 
 school of dentistry must be licensed 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 
 a school of dentistry and program directors of a Minnesota 
 dental hygiene or dental assisting school accredited by the 
 Commission on Dental Accreditation of the American Dental 
 Association 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 a school of dentistry or a dental hygiene or dental assisting 
 school, 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 or a dental hygiene or 
 dental assisting school and subjects the holder to this chapter. 

    (b) The board may issue to dentist members of the faculty 
 of a Minnesota school of dentistry, dental hygiene, or dental 
 assisting accredited by the Commission on Dental Accreditation 
 of the American Dental Association, 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 teaching or conducting 
 research.  The practice of dentistry at a school facility for 
 purposes other than teaching or research is not allowed unless 
 the dentist was a faculty member on August 1, 1993.  

    (c) The board may issue to dentist members of the faculty 
 of a Minnesota school of dentistry, dental hygiene, or dental 
 assisting accredited by the Commission on Dental Accreditation 
 of the American Dental Association 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 1, 1c, 
 and 4 and board rule.  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.  

    Subd. 1c.    Specialty dentists.  (a) The board may 
 grant a specialty license in the specialty areas of dentistry 
 that are recognized by the American Dental Association. 

    (b) An applicant for a specialty license shall: 

    (1) have successfully completed a postdoctoral specialty 
 education program accredited by the Commission on Dental 
 Accreditation of the American Dental Association, or have 
 announced a limitation of practice before 1967; 

    (2) have been certified by a specialty examining board 
 approved by the Minnesota Board of Dentistry, or provide 
 evidence of having passed a clinical examination for licensure 
 required for practice in any state or Canadian province, or in 
 the case of oral and maxillofacial surgeons only, have a 
 Minnesota medical license in good standing; 

    (3) have been in active practice or a postdoctoral 
 specialty education program or United States government service 
 at least 2,000 hours in the 36 months prior to applying for a 
 specialty license; 

    (4) if requested by the board, be interviewed by a 
 committee of the board, which may include the assistance of 
 specialists in the evaluation process, and satisfactorily 
 respond to questions designed to determine the applicant's 
 knowledge of dental subjects and ability to practice; 

    (5) if requested by the board, present complete records on 
 a sample of patients treated by the applicant.  The sample must 
 be drawn from patients treated by the applicant during the 36 
 months preceding the date of application.  The number of records 
 shall be established by the board.  The records shall be 
 reasonably representative of the treatment typically provided by 
 the applicant; 

    (6) at board discretion, pass a board-approved English 
 proficiency test if English is not the applicant's primary 
 language; 

    (7) pass all components of the National Dental Board 
 examinations; 

    (8) pass the Minnesota Board of Dentistry jurisprudence 
 examination; 

    (9) abide by professional ethical conduct requirements; and 

    (10) meet all other requirements prescribed by the Board of 
 Dentistry. 

    (c) The application must include: 

    (1) a completed application furnished by the board; 

    (2) at least two character references from two different 
 dentists, one of whom must be a dentist practicing in the same 
 specialty area, and the other the director of the specialty 
 program attended; 

    (3) a licensed physician's statement attesting to the 
 applicant's physical and mental condition; 

    (4) a statement from a licensed ophthalmologist or 
 optometrist attesting to the applicant's visual acuity; 

    (5) a nonrefundable fee; and 

    (6) a notarized, unmounted passport-type photograph, three 
 inches by three inches, taken not more than six months before 
 the date of application. 

    (d) A specialty dentist holding a specialty license is 
 limited to practicing in the dentist's designated specialty 
 area.  The scope of practice must be defined by each national 
 specialty board recognized by the American Dental Association. 

    (e) A specialty dentist holding a general dentist license 
 is limited to practicing in the dentist's designated specialty 
 area if the dentist has announced a limitation of practice.  The 
 scope of practice must be defined by each national specialty 
 board recognized by the American Dental Association. 

    (f) All specialty dentists who have fulfilled the specialty 
 dentist requirements and who intend to limit their practice to a 
 particular specialty area may apply for a specialty license. 

    Subd. 2.    Dental hygienists.  A person of good moral 
 character, who has graduated from a dental hygiene program 
 accredited by the Commission on Dental Accreditation of the 
 American Dental Association and established in an institution 
 accredited by an 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 education.  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 shall 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 board 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, abides by 
 professional ethical conduct requirements, and meets all the 
 other requirements of the board shall be licensed as a dental 
 hygienist.  

    Subd. 2a.    Registered dental assistant.  A person of 
 good moral character, who has graduated from a dental assisting 
 program accredited by the Commission on Dental Accreditation of 
 the American Dental Association, may apply for registration.  
 The applicant must submit an application and fee as prescribed 
 by the board and the diploma or certificate of dental 
 assisting.  In the case of examinations conducted pursuant to 
 section 150A.03, subdivision 1, applicants shall 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 
 registration examination required by the board after failing it 
 twice until further education and training are obtained as 
 specified by board 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, abides by 
 professional ethical conduct requirements, and meets all the 
 other requirements of the board shall be registered as a dental 
 assistant.  

    Subd. 2b.    Examination.  When the Board of Dentistry 
 administers the examination for licensure or registration, only 
 those board members or board-appointed deputy examiners 
 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 will 
 limit that person's practice to 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 and has 
 paid a nonrefundable license fee to the board not to exceed $75. 

    (b) A guest license or registration must be renewed 
 annually with the board and an annual renewal fee not to exceed 
 $75 must be paid to the board. 

    (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 continuing 
 education and professional development waiver.  (a) The board 
 shall grant a waiver to the continuing education requirements 
 under this chapter for a licensed dentist, licensed 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 and document 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) The board shall waive the clinical examination required 
 for licensure for any dentist applicant who is a graduate of a 
 dental school accredited by the Commission on Dental 
 Accreditation of the American Dental Association, who has 
 successfully completed all components of the National Dental 
 Board examination, and who has satisfactorily completed a 
 Minnesota-based postdoctoral general dentistry residency program 
 (GPR) or an advanced education in general dentistry (AEGD) 
 program after January 1, 2004.  The postdoctoral program must be 
 accredited by the Commission on Dental Accreditation of the 
 American Dental Association, be of at least one year's duration, 
 and include 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.  (a) Any dentist 
 or dental hygienist may, upon application and payment of a fee 
 established by the board, apply for licensure based on the 
 applicant's performance record in lieu of passing an examination 
 approved by the board according to section 150A.03, subdivision 
 1, and be interviewed by the board to determine if the applicant:

    (1) has been in active practice at least 2,000 hours within 
 36 months of the application date, or passed a board-approved 
 reentry program within 36 months of the application date; 

    (2) currently has a license in another state or Canadian 
 province and is not subject to any pending or final disciplinary 
 action, or if not currently licensed, previously had a license 
 in another state or Canadian province in good standing that was 
 not subject to any final or pending disciplinary action at the 
 time of surrender; 

    (3) is of good moral character and abides by professional 
 ethical conduct requirements; 

    (4) at board discretion, has passed a board-approved 
 English proficiency test if English is not the applicant's 
 primary language; and 

    (5) meets other credentialing requirements specified in 
 board rule. 

    (b) An applicant who fulfills the conditions of this 
 subdivision and demonstrates the minimum knowledge in dental 
 subjects required for licensure under subdivision 1 or 2 must be 
 licensed to practice the applicant's profession. 

    (c) If the applicant does not demonstrate the minimum 
 knowledge in dental subjects required for licensure under 
 subdivision 1 or 2, the application must be denied.  When 
 denying a license, the board may notify the applicant of any 
 specific remedy that the applicant could take which, when 
 passed, would qualify the applicant for licensure.  A denial 
 does not prohibit the applicant from applying for licensure 
 under subdivision 1 or 2. 

    (d) A candidate whose application has been denied may 
 appeal the decision to the board according to subdivision 4a. 

    Subd. 4a.    Appeal of denial of application.  A person 
 whose application for licensure or registration 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 or registrations. 
  Every person implicated in employing fraud or deception in 
 applying for or securing a license or registration to practice 
 dentistry, dental hygiene, or dental assisting or in annually 
 renewing 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 
 initial license and subsequent renewal, or current registration 
 certificate, of every dentist, dental hygienist, or dental 
 assistant shall be conspicuously displayed in every office in 
 which that person practices, in plain sight of patients.  Near 
 or on the entrance door to every office where dentistry is 
 practiced, the name of each dentist practicing there, as 
 inscribed on the current license certificate, shall be displayed 
 in plain sight.  

    Subd. 7. Repealed, 1989 c 285 s 7 

    Subd. 7.    Additional remedies for licensure and 
 registration.  On a case-by-case basis, for initial or renewal 
 of licensure or registration, the board may add additional 
 remedies for deficiencies found based on the applicant's 
 performance, character, and education. 

    Subd. 8.    Registration by credentials.  (a) Any dental 
 assistant may, upon application and payment of a fee established 
 by the board, apply for registration based on an evaluation of 
 the applicant's education, experience, and performance record in 
 lieu of completing a board-approved dental assisting program for 
 expanded functions as defined in rule, and may be interviewed by 
 the board to determine if the applicant: 

    (1) has graduated from an accredited dental assisting 
 program accredited by the Commission of Dental Accreditation of 
 the American Dental Association, or is currently certified by 
 the Dental Assisting National Board; 

    (2) is not subject to any pending or final disciplinary 
 action in another state or Canadian province, or if not 
 currently certified or registered, previously had a 
 certification or registration in another state or Canadian 
 province in good standing that was not subject to any final or 
 pending disciplinary action at the time of surrender; 

    (3) is of good moral character and abides by professional 
 ethical conduct requirements; 

    (4) at board discretion, has passed a board-approved 
 English proficiency test if English is not the applicant's 
 primary language; and 

    (5) has met all expanded functions curriculum equivalency 
 requirements of a Minnesota board-approved dental assisting 
 program. 

    (b) The board, at its discretion, may waive specific 
 registration requirements in paragraph (a). 

    (c) An applicant who fulfills the conditions of this 
 subdivision and demonstrates the minimum knowledge in dental 
 subjects required for registration under subdivision 2a must be 
 registered to practice the applicant's profession. 

    (d) If the applicant does not demonstrate the minimum 
 knowledge in dental subjects required for registration under 
 subdivision 2a, the application must be denied.  If registration 
 is denied, the board may notify the applicant of any specific 
 remedy that the applicant could take which, when passed, would 
 qualify the applicant for registration.  A denial does not 
 prohibit the applicant from applying for registration under 
 subdivision 2a. 

    (e) A candidate whose application has been denied may 
 appeal the decision to the board according to subdivision 4a. 

    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; 
 2004 c 279 art 7 s 1 

*   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.

  150A.07 Repealed, 1976 c 222 s 209 

     150A.08 Suspension, revocation, limitation, modification 
  or denial of license. 

    Subdivision 1.    Grounds.  The board may refuse or by 
 order suspend or revoke, limit or modify by imposing conditions 
 it deems necessary, any license to practice dentistry or dental 
 hygiene or the registration of any dental assistant upon any of 
 the following grounds: 

    (1) fraud or deception in connection with the practice of 
 dentistry or the securing of a license or registration 
 certificate; 

    (2) conviction, including a finding or verdict of guilt, an 
 admission of guilt, or a no contest plea, in any court of a 
 felony or gross misdemeanor reasonably related to the practice 
 of dentistry as evidenced by a certified copy of the conviction; 

    (3) conviction, including a finding or verdict of guilt, an 
 admission of guilt, or a no contest plea, in any court of an 
 offense involving moral turpitude as evidenced by a certified 
 copy of the conviction; 

    (4) habitual overindulgence in the use of intoxicating 
 liquors; 

    (5) improper or unauthorized prescription, dispensing, 
 administering, or personal or other use of any legend drug as 
 defined in chapter 151, of any chemical as defined in chapter 
 151, or of any controlled substance as defined in chapter 152; 

    (6) conduct unbecoming a person licensed to practice 
 dentistry or dental hygiene or registered as a dental assistant, 
 or conduct contrary to the best interest of the public, as such 
 conduct is defined by the rules of the board; 

    (7) gross immorality; 

    (8) any physical, mental, emotional, or other disability 
 which adversely affects a dentist's, dental hygienist's, or 
 registered dental assistant's ability to perform the service for 
 which the person is licensed or registered; 

    (9) revocation or suspension of a license, registration, or 
 equivalent authority to practice, or other disciplinary action 
 or denial of a license or registration application taken by a 
 licensing, registering, or credentialing authority of another 
 state, territory, or country as evidenced by a certified copy of 
 the licensing authority's order, if the disciplinary action or 
 application denial was based on facts that would provide a basis 
 for disciplinary action under this chapter and if the action was 
 taken only after affording the credentialed person or applicant 
 notice and opportunity to refute the allegations or pursuant to 
 stipulation or other agreement; 

    (10) failure to maintain adequate safety and sanitary 
 conditions for a dental office in accordance with the standards 
 established by the rules of the board; 

    (11) employing, assisting, or enabling in any manner an 
 unlicensed person to practice dentistry; 

    (12) failure or refusal to attend, testify, and produce 
 records as directed by the board under subdivision 7; 

    (13) violation of, or failure to comply with, any other 
 provisions of sections 150A.01 to 150A.12, the rules of the 
 Board of Dentistry, or any disciplinary order issued by the 
 board, section 144.335 or 595.02, subdivision 1, paragraph (d), 
 or for any other just cause related to the practice of 
 dentistry.  Suspension, revocation, modification or limitation 
 of any license shall not be based upon any judgment as to 
 therapeutic or monetary value of any individual drug prescribed 
 or any individual treatment rendered, but only upon a repeated 
 pattern of conduct; 

    (14) knowingly providing false or misleading information 
 that is directly related to the care of that patient unless done 
 for an accepted therapeutic purpose such as the administration 
 of a placebo; or 

    (15) aiding suicide or aiding attempted suicide in 
 violation of section 609.215 as established by any of the 
 following:  

    (i) a copy of the record of criminal conviction or plea of 
 guilty for a felony in violation of section 609.215, subdivision 
 1 or 2; 

    (ii) a copy of the record of a judgment of contempt of 
 court for violating an injunction issued under section 609.215, 
 subdivision 4; 

    (iii) a copy of the record of a judgment assessing damages 
 under section 609.215, subdivision 5; or 

    (iv) a finding by the board that the person violated 
 section 609.215, subdivision 1 or 2.  The board shall 
 investigate any complaint of a violation of section 609.215, 
 subdivision 1 or 2. 

    Subd. 2.  Repealed, 1976 c 222 s 209 

    Subd. 3.    Reinstatement.  Any licensee or registrant 
 whose license or registration has been suspended or revoked may 
 have the license or registration reinstated or a new license or 
 registration issued, as the case may be, when the board deems 
 the action is warranted.  

    Subd. 3a.    Costs; additional penalties.  (a) The board 
 may impose a civil penalty not exceeding $10,000 for each 
 separate violation, the amount of the civil penalty to be fixed 
 so as to deprive a licensee or registrant of any economic 
 advantage gained by reason of the violation, to discourage 
 similar violations by the licensee or registrant or any other 
 licensee or registrant, or to reimburse the board for the cost 
 of the investigation and proceeding, including, but not limited 
 to, fees paid for services provided by the Office of 
 Administrative Hearings, legal and investigative services 
 provided by the Office of the Attorney General, court reporters, 
 witnesses, reproduction of records, board members' per diem 
 compensation, board staff time, and travel costs and expenses 
 incurred by board staff and board members. 

    (b) In addition to costs and penalties imposed under 
 paragraph (a), the board may also: 

    (1) order the dentist, dental hygienist, or dental 
 assistant to provide unremunerated service; 

    (2) censure or reprimand the dentist, dental hygienist, or 
 dental assistant; or 

    (3) any other action as allowed by law and justified by the 
 facts of the case. 

    Subd. 4.    Records.  The executive secretary of the 
 board shall keep a record of all licenses and registration 
 certificates issued, suspended, or revoked. 

    Subd. 5.    Medical examinations.  If the board has 
 probable cause to believe that a dentist, dental hygienist, 
 registered dental assistant, or applicant engages in acts 
 described in subdivision 1, clause (4) or (5), or has a 
 condition described in subdivision 1, clause (8), it shall 
 direct the dentist, dental hygienist, assistant, or applicant to 
 submit to a mental or physical examination or a chemical 
 dependency assessment.  For the purpose of this subdivision, 
 every dentist, hygienist, or assistant licensed or registered 
 under this chapter or person submitting an application for a 
 license or registration is deemed to have given consent to 
 submit to a mental or physical examination when directed in 
 writing by the board and to have waived all objections in any 
 proceeding under this section to the admissibility of the 
 examining physician's testimony or examination reports on the 
 ground that they constitute a privileged communication.  Failure 
 to submit to an examination without just cause may result in an 
 application being denied or a default and final order being 
 entered without the taking of testimony or presentation of 
 evidence, other than evidence which may be submitted by 
 affidavit, that the licensee, registrant, or applicant did not 
 submit to the examination.  A dentist, dental hygienist, 
 registered dental assistant, or applicant affected under this 
 section shall at reasonable intervals be afforded an opportunity 
 to demonstrate ability to start or resume the competent practice 
 of dentistry or perform the duties of a dental hygienist or 
 registered dental assistant with reasonable skill and safety to 
 patients.  In any proceeding under this subdivision, neither the 
 record of proceedings nor the orders entered by the board is 
 admissible, is subject to subpoena, or may be used against the 
 dentist, dental hygienist, registered dental assistant, or 
 applicant in any proceeding not commenced by the board.  
 Information obtained under this subdivision shall be classified 
 as private pursuant to the Minnesota Government Data Practices 
 Act.  

    Subd. 6.    Medical records.  Notwithstanding contrary 
 provisions of sections 13.384 and 144.651 or any other statute 
 limiting access to medical or other health data, the board may 
 obtain medical data and health records of a licensee, 
 registrant, or applicant without the licensee's, registrant's, 
 or applicant's consent if the information is requested by the 
 board as part of the process specified in subdivision 5.  The 
 medical data may be requested from a provider, as defined in 
 section 144.335, subdivision 1, clause (b), an insurance 
 company, or a government agency, including the Department of 
 Human Services.  A provider, insurance company, or government 
 agency shall comply with any written request of the board under 
 this subdivision and shall not be liable in any action for 
 damages for releasing the data requested by the board if the 
 data are released pursuant to a written request under this 
 subdivision, unless the information is false and the provider 
 giving the information knew, or had reason to believe, the 
 information was false.  Information obtained under this 
 subdivision shall be classified as private under the Minnesota 
 Government Data Practices Act.  

    Subd. 7.    Self-incrimination.  No person is excused 
 from attending and testifying at any proceeding initiated by the 
 board or from producing any document before the board on the 
 ground that the testimony or evidence required may tend to 
 incriminate the person; but no person may be prosecuted for any 
 crime related to the matter about which the person testifies or 
 produces evidence required or requested by the board if the 
 person first claims a privilege against self-incrimination.  
 This immunity from criminal prosecution does not apply to 
 prosecution for perjury or contempt committed in testifying or 
 producing the evidence.  

    Subd. 8.    Suspension of license.  In addition to any 
 other remedy provided by law, the board may, through its 
 designated board members pursuant to section 214.10, subdivision 
 2, temporarily suspend a license or registration without a 
 hearing if the board finds that the licensee or registrant has 
 violated a statute or rule which the board is empowered to 
 enforce and continued practice by the licensee or registrant 
 would create an imminent risk of harm to others.  The suspension 
 shall take effect upon written notice to the licensee or 
 registrant served by first class mail specifying the statute or 
 rule violated, and the time, date, and place of the hearing 
 before the board.  If the notice is returned by the post office, 
 the notice shall be effective upon reasonable attempts to locate 
 and serve the licensee or registrant.  Within ten days of 
 service of the notice, the board shall hold a hearing before its 
 own members on the sole issue of whether there is a reasonable 
 basis to continue, modify, or lift the suspension.  Evidence 
 presented by the board, licensee, or registrant, shall be in 
 affidavit form only.  The licensee or registrant or counsel of 
 the licensee or registrant may appear for oral argument.  Within 
 five working days after the hearing, the board shall issue its 
 order and, if the suspension is continued, the board shall 
 schedule a disciplinary hearing to be held pursuant to the 
 Administrative Procedure Act within 45 days of issuance of the 
 order.  The administrative law judge shall issue a report within 
 30 days of the closing of the contested case hearing record.  
 The board shall issue a final order within 30 days of receiving 
 that report.  The board may allow a person who was licensed by 
 any state to practice dentistry and whose license has been 
 suspended to practice dentistry under the supervision of a 
 licensed dentist for the purpose of demonstrating competence and 
 eligibility for reinstatement.  

    Subd. 9.    Tax clearance certificate.  (a) In addition 
 to the grounds provided in subdivision 1 and notwithstanding 
 subdivision 3, the board may not issue or renew a license to 
 practice dentistry if the commissioner of revenue notifies the 
 board and the licensee or applicant for a license that the 
 licensee or applicant owes the state delinquent taxes in the 
 amount of $500 or more.  The board may issue or renew the 
 license only if (1) the commissioner of revenue issues a tax 
 clearance certificate and (2) the commissioner of revenue or the 
 licensee or applicant forwards a copy of the clearance to the 
 board.  The commissioner of revenue may issue a clearance 
 certificate only if the licensee or applicant does not owe the 
 state any uncontested delinquent taxes. 

    (b) For purposes of this subdivision, the following terms 
 have the meanings given. 

    (1) "Taxes" are all taxes payable to the commissioner of 
 revenue, including penalties and interest due on those taxes. 

    (2) "Delinquent taxes" do not include a tax liability if 
 (i) an administrative or court action that contests the amount 
 or validity of the liability has been filed or served, (ii) the 
 appeal period to contest the tax liability has not expired, or 
 (iii) the licensee or applicant has entered into a payment 
 agreement to pay the liability and is current with the payments. 

    (c) In lieu of the notice and hearing requirements of 
 subdivision 8, when a licensee or applicant is required to 
 obtain a clearance certificate under this subdivision, a 
 contested case hearing must be held if the licensee or applicant 
 requests a hearing in writing to the commissioner of revenue 
 within 30 days of the date of the notice provided in paragraph 
 (a).  The hearing must be held within 45 days of the date the 
 commissioner of revenue refers the case to the Office of 
 Administrative Hearings.  Notwithstanding any law to the 
 contrary, the licensee or applicant must be served with 20 days' 
 notice in writing specifying the time and place of the hearing 
 and the allegations against the licensee or applicant.  The 
 notice may be served personally or by mail. 

    (d) The board shall require all licensees or applicants for 
 a license to practice dentistry to provide their Social Security 
 number and Minnesota business identification number on all 
 license applications.  Upon request of the commissioner of 
 revenue, the board must provide to the commissioner of revenue a 
 list of all licensees and applicants for a license to practice 
 dentistry including the name and address, Social Security 
 number, and business identification number.  The commissioner of 
 revenue may request a list of the licensees and applicants no 
 more than once each calendar year.  

    HIST: 1969 c 974 s 8; 1976 c 222 s 77; 1976 c 263 s 6; 1978 c 
 770 s 6; 1983 c 70 s 5-10; 1984 c 608 s 1; 1984 c 640 s 32; 1984 
 c 654 art 5 s 58; 1986 c 444; 1Sp1986 c 1 art 7 s 9; 1989 c 184 
 art 2 s 6; 1992 c 559 art 1 s 5; 1992 c 577 s 4; 1993 c 84 s 8; 
 1999 c 227 s 22; 2003 c 66 s 6,7; 2004 c 279 art 7 s 2 

     150A.081 Access to medical data. 

    Subdivision 1.    Access to data on licensee or 
 registrant.  When the board has probable cause to believe that 
 a licensee's or registrant's condition meets a ground listed in 
 section 150A.08, subdivision 1, clause (4) or (8), it may, 
 notwithstanding sections 13.384, 144.651, or any other law 
 limiting access to medical data, obtain medical or health 
 records on the licensee or registrant without the licensee's or 
 registrant's consent.  The medical data may be requested from a 
 provider, as defined in section 144.335, subdivision 1, 
 paragraph (b), an insurance company, or a government agency.  A 
 provider, insurance company, or government agency shall comply 
 with a written request of the board under this subdivision and 
 is not liable in any action for damages for releasing the data 
 requested by the board if the data are released under the 
 written request, unless the information is false and the entity 
 providing the information knew, or had reason to believe, the 
 information was false. 

    Subd. 2.    Access to data on patients.  The board has 
 access to medical records of a patient treated by a licensee or 
 registrant under review if the patient signs a written consent 
 permitting access.  If the patient has not given consent, the 
 licensee or registrant must delete data from which a patient may 
 be identified before releasing medical records to the board. 

    Subd. 3.    Data classification; release of certain health 
 data not required.  Information obtained under this section is 
 classified as private data on individuals under chapter 13.  
 Under this section, the commissioner of health is not required 
 to release health data collected and maintained under section 
 13.3805, subdivision 2. 

    HIST: 1992 c 559 art 1 s 6; 1996 c 440 art 1 s 39; 1999 c 227 
 s 22 

     150A.09 Registration of licenses and registration 
  certificates. 

    Subdivision 1.    Registration information and procedure. 
  On or before the license or registration certificate 
 expiration date every licensed dentist, dental hygienist, and 
 registered dental assistant shall transmit to the executive 
 secretary of the board, pertinent information required by the 
 board, together with the fee established by the board.  At least 
 30 days before a license or registration certificate expiration 
 date, the board shall send a written notice stating the amount 
 and due date of the fee and the information to be provided to 
 every licensed dentist, dental hygienist, and registered dental 
 assistant. 

    Subd. 2.  Repealed, 1976 c 222 s 209 

    Subd. 3.    Current address, change of address.  Every 
 dentist, dental hygienist, and registered dental assistant shall 
 maintain with the board a correct and current mailing address.  
 For dentists engaged in the practice of dentistry, the address 
 shall be that of the location of the primary dental practice.  
 Within 30 days after changing addresses, every dentist, dental 
 hygienist, and registered dental assistant shall provide the 
 board written notice of the new address either personally or by 
 first class mail. 

    Subd. 4.    Duplicate certificates.  Duplicate licenses 
 or duplicate certificates of license renewal may be issued by 
 the board upon satisfactory proof of the need for the duplicates 
 and upon payment of the fee established by the board. 

    Subd. 5.    Late fee.  A late fee established by the 
 board shall be paid if the information and fee required by 
 subdivision 1 is not received by the executive secretary of the 
 board on or before the registration or license renewal date. 

    Subd. 6.    Continuing education sponsorship fee.  The 
 board may establish an application and renewal fee to be paid by 
 any person who applies to be approved as a continuing dental 
 education sponsor.  

    HIST: 1969 c 974 s 9; 1976 c 222 s 78,79; 1976 c 263 s 7,8; 
 1978 c 674 s 16; 1978 c 770 s 7,8; 1980 c 596 s 4; 1983 c 70 s 
 11; 2004 c 279 art 7 s 3 

     150A.10 Allied dental personnel. 

    Subdivision 1.    Dental hygienists.  Any licensed 
 dentist, public institution, or school authority may obtain 
 services from a licensed dental hygienist.  Such licensed dental 
 hygienist may provide those services defined in section 150A.05, 
 subdivision 1a.  Such services shall not include the 
 establishment of a final diagnosis or treatment plan for a 
 dental patient.  Such services shall be provided under 
 supervision of a licensed dentist.  Any licensed dentist who 
 shall permit any dental service by a dental hygienist other than 
 those authorized by the Board of Dentistry, shall be deemed to 
 be violating the provisions of sections 150A.01 to 150A.12, and 
 any such unauthorized dental service by a dental hygienist shall 
 constitute a violation of sections 150A.01 to 150A.12.  

    Subd. 1a.    Limited authorization for dental hygienists. 
  (a) Notwithstanding subdivision 1, a dental hygienist 
 licensed under this chapter may be employed or retained by a 
 health care facility, program, or nonprofit organization to 
 perform dental hygiene services described under paragraph (b) 
 without the patient first being examined by a licensed dentist 
 if the dental hygienist: 

    (1) has been engaged in the active practice of clinical 
 dental hygiene for not less than 2,400 hours in the past 18 
 months or a career total of 3,000 hours, including a minimum of 
 200 hours of clinical practice in two of the past three years; 

    (2) has entered into a collaborative agreement with a 
 licensed dentist that designates authorization for the services 
 provided by the dental hygienist; 

    (3) has documented participation in courses in infection 
 control and medical emergencies within each continuing education 
 cycle; and 

    (4) maintains current certification in advanced or basic 
 cardiac life support as recognized by the American Heart 
 Association, the American Red Cross, or another agency that is 
 equivalent to the American Heart Association or the American Red 
 Cross. 

    (b) The dental hygiene services authorized to be performed 
 by a dental hygienist under this subdivision are limited to: 

    (1) oral health promotion and disease prevention education; 

    (2) removal of deposits and stains from the surfaces of the 
 teeth; 

    (3) application of topical preventive or prophylactic 
 agents, including fluoride varnishes and pit and fissure 
 sealants; 

    (4) polishing and smoothing restorations; 

    (5) removal of marginal overhangs; 

    (6) performance of preliminary charting; 

    (7) taking of radiographs; and 

    (8) performance of scaling and root planing.  

 The dental hygienist shall not perform injections of anesthetic 
 agents or the administration of nitrous oxide unless under the 
 indirect supervision of a licensed dentist.  Collaborating 
 dental hygienists may work with unregistered and registered 
 dental assistants who may only perform duties for which 
 registration is not required.  The performance of dental hygiene 
 services in a health care facility, program, or nonprofit 
 organization as authorized under this subdivision is limited to 
 patients, students, and residents of the facility, program, or 
 organization. 

    (c) A collaborating dentist must be licensed under this 
 chapter and may enter into a collaborative agreement with no 
 more than four dental hygienists unless otherwise authorized by 
 the board.  The board shall develop parameters and a process for 
 obtaining authorization to collaborate with more than four 
 dental hygienists.  The collaborative agreement must include: 

    (1) consideration for medically compromised patients and 
 medical conditions for which a dental evaluation and treatment 
 plan must occur prior to the provision of dental hygiene 
 services; 

    (2) age- and procedure-specific standard collaborative 
 practice protocols, including recommended intervals for the 
 performance of dental hygiene services and a period of time in 
 which an examination by a dentist should occur; 

    (3) copies of consent to treatment form provided to the 
 patient by the dental hygienist; 

    (4) specific protocols for the placement of pit and fissure 
 sealants and requirements for follow-up care to assure the 
 efficacy of the sealants after application; and 

    (5) a procedure for creating and maintaining dental records 
 for the patients that are treated by the dental hygienist.  This 
 procedure must specify where these records are to be located. 

 The collaborative agreement must be signed and maintained by the 
 dentist, the dental hygienist, and the facility, program, or 
 organization; must be reviewed annually by the collaborating 
 dentist and dental hygienist; and must be made available to the 
 board upon request.  

    (d) Before performing any services authorized under this 
 subdivision, a dental hygienist must provide the patient with a 
 consent to treatment form which must include a statement 
 advising the patient that the dental hygiene services provided 
 are not a substitute for a dental examination by a licensed 
 dentist.  If the dental hygienist makes any referrals to the 
 patient for further dental procedures, the dental hygienist must 
 fill out a referral form and provide a copy of the form to the 
 collaborating dentist.  

    (e) For the purposes of this subdivision, a "health care 
 facility, program, or nonprofit organization" is limited to a 
 hospital; nursing home; home health agency; group home serving 
 the elderly, disabled, or juveniles; state-operated facility 
 licensed by the commissioner of human services or the 
 commissioner of corrections; and federal, state, or local public 
 health facility, community clinic, tribal clinic, school 
 authority, Head Start program, or nonprofit organization that 
 serves individuals who are uninsured or who are Minnesota health 
 care public program recipients.  

    (f) For purposes of this subdivision, a "collaborative 
 agreement" means a written agreement with a licensed dentist who 
 authorizes and accepts responsibility for the services performed 
 by the dental hygienist.  The services authorized under this 
 subdivision and the collaborative agreement may be performed 
 without the presence of a licensed dentist and may be performed 
 at a location other than the usual place of practice of the 
 dentist or dental hygienist and without a dentist's diagnosis 
 and treatment plan, unless specified in the collaborative 
 agreement. 

    Subd. 2.    Dental assistants.  Every licensed dentist 
 who uses the services of any unlicensed person for the purpose 
 of assistance in the practice of dentistry shall be responsible 
 for the acts of such unlicensed person while engaged in such 
 assistance.  Such dentist shall permit such unlicensed assistant 
 to perform only those acts which are authorized to be delegated 
 to unlicensed assistants by the Board of Dentistry.  Such acts 
 shall be performed under supervision of a licensed dentist.  The 
 board may permit differing levels of dental assistance based 
 upon recognized educational standards, approved by the board, 
 for the training of dental assistants.  The board may also 
 define by rule the scope of practice of registered and 
 nonregistered dental assistants.  The board by rule may require 
 continuing education for differing levels of dental assistants, 
 as a condition to their registration or authority to perform 
 their authorized duties.  Any licensed dentist who shall permit 
 such unlicensed assistant to perform any dental service other 
 than that authorized by the board shall be deemed to be enabling 
 an unlicensed person to practice dentistry, and commission of 
 such an act by such unlicensed assistant shall constitute a 
 violation of sections 150A.01 to 150A.12. 

    Subd. 3.    Dental technicians.  Every licensed dentist 
 who uses the services of any unlicensed person, other than under 
 the dentist's supervision and within such dentist's own office, 
 for the purpose of constructing, altering, repairing or 
 duplicating any denture, partial denture, crown, bridge, splint, 
 orthodontic, prosthetic or other dental appliance, shall be 
 required to furnish such unlicensed person with a written work 
 order in such form as shall be prescribed by the rules of the 
 board; said work order shall be made in duplicate form, a 
 duplicate copy to be retained in a permanent file in the 
 dentist's office for a period of two years, and the original to 
 be retained in a permanent file for a period of two years by 
 such unlicensed person in that person's place of business.  Such 
 permanent file of work orders to be kept by such dentist or by 
 such unlicensed person shall be open to inspection at any 
 reasonable time by the board or its duly constituted agent. 

    Subd. 4.    Restorative procedures.  (a) Notwithstanding 
 subdivisions 1, 1a, and 2, a licensed dental hygienist or a 
 registered dental assistant may perform the following 
 restorative procedures: 

    (1) place, contour, and adjust amalgam restorations; 

    (2) place, contour, and adjust glass ionomer; 

    (3) adapt and cement stainless steel crowns; and 

    (4) place, contour, and adjust class I and class V 
 supragingival composite restorations where the margins are 
 entirely within the enamel. 

    (b) The restorative procedures described in paragraph (a) 
 may be performed only if: 

    (1) the licensed dental hygienist or the registered dental 
 assistant has completed a board-approved course on the specific 
 procedures; 

    (2) the board-approved course includes a component that 
 sufficiently prepares the dental hygienist or registered dental 
 assistant to adjust the occlusion on the newly placed 
 restoration; 

    (3) a licensed dentist has authorized the procedure to be 
 performed; and 

    (4) a licensed dentist is available in the clinic while the 
 procedure is being performed. 

    (c) The dental faculty who teaches the educators of the 
 board-approved courses specified in paragraph (b) must have 
 prior experience teaching these procedures in an accredited 
 dental education program. 

    HIST: 1969 c 974 s 10; 1976 c 263 s 9; 1986 c 444; 1996 c 273 
 s 3,4; 1Sp2001 c 9 art 2 s 5; 2002 c 379 art 1 s 113; 1Sp2003 c 
 5 s 4,5 

     150A.11 Unlawful acts. 

    Subdivision 1.    Unlawful practice.  It is unlawful for 
 any person to:  enable an unlicensed person to practice 
 dentistry; to practice or attempt to practice dentistry without 
 a license; to practice dentistry under the name of a corporation 
 or company; or to practice under any name that may tend to 
 deceive the public or imply professional superiority to or 
 greater skill than that possessed by another dentist.  If a 
 dentist practices under the dentist's own name, any public 
 display or cards shall include the initials of the dentist's 
 dental degree, such as D.D.S. or D.M.D., following the name.  If 
 a dentist practices under another name, the name shall include 
 some designation which makes clear that the person is practicing 
 dentistry or a specialty of dentistry; and that the names of all 
 of the participating dentists practicing under the name be 
 clearly identified on letterheads and building or office signs 
 that display a name other than the dentist's own name.  Any 
 communication between dentist and patient shall clearly indicate 
 the name of the dentist treating the patient.  The board may 
 promulgate rules regarding the name under which a dentist may 
 practice.  No corporation shall practice dentistry or engage in 
 it, or hold itself out as being entitled to practice dentistry, 
 or furnish dental services or dentists, or advertise under or 
 assume the title of dentists or dental surgeons or equivalent 
 title.  No corporation shall furnish dental advice, or advertise 
 or hold itself out with any other person or alone, that it has 
 or owns a dental office or can furnish dental service, dentists, 
 or dental surgeons, or solicit, through itself, or its agents, 
 officers, employees, directors or trustees, dental patronage for 
 any dentist or dental surgeon.  This section: 

    (1) Does not apply to any licensee while acting as an 
 instructor in or under the University of Minnesota, the Mayo 
 Foundation, or any other school in the state recognized by the 
 state Board of Dentistry; 

    (2) Does not prohibit dentists from incorporating their 
 practice of dentistry for business purposes under the special 
 provisions of a corporate practice act for dentistry; 

    (3) Shall not be construed to change or amend the right of 
 licensed dentists to provide dental care under any form of 
 organization that is lawful under the laws of this state, or to 
 contract to sell their services in any manner that is lawful 
 under the laws of this state. 

    Subd. 2.    Professional advertising.  Public 
 advertising by dentists may be controlled by reasonable rules of 
 the board.  Such rules shall include permission for such things 
 as publication of a professional card, reasonable signs on or 
 about the place of business, announcements of changes or opening 
 of offices and telephone listings.  

    Subd. 3.    Advertising or use of dental services and 
 appliances.  No person shall advertise in any manner the 
 sale, supply, furnishing, construction, reproduction, relining, 
 or repair without a written work order by a licensed dentist of 
 prosthetic dentures, bridges, plates or other appliances to be 
 used or worn as substitutes for natural teeth, or for the 
 regulation thereof.  All such advertisements shall contain the 
 words "A written work order from a licensed dentist is required" 
 in at least 10-point type size.  Except for advertising 
 permitted under this subdivision, a person not licensed to 
 practice dentistry in this state shall not sell or offer any 
 such service or products to other than the dental profession or 
 its ancillary trades, provided, however that the mere delivery 
 of such products to an ultimate consumer or person acting in the 
 consumer's behalf for the purpose of transporting such products 
 to the licensed dentist who provided the work order shall not 
 violate this subdivision.  This subdivision shall not apply to 
 mailings, displays, and advertisements the primary distribution 
 of which is to the dental profession or its ancillary trades.  

    Subd. 4.    Dividing fees.  It shall be unlawful for 
 any dentist to divide fees with or promise to pay a part of the 
 dentist's fee to, or to pay a commission to, any dentist or 
 other person who calls the dentist in consultation or who sends 
 patients to the dentist for treatment, or operation, but nothing 
 herein shall prevent licensed dentists from forming a bona fide 
 partnership for the practice of dentistry, nor to the actual 
 employment by a licensed dentist of a licensed dental hygienist 
 or another licensed dentist.  

    HIST: 1969 c 974 s 11; 1980 c 596 s 5; 1983 c 29 s 2; 1985 c 
 248 s 70; 1986 c 444 

     150A.12 Violation and defenses.  

    Every person who violates any of the provisions of sections 
 150A.01 to 150A.12 for which no specific penalty is provided 
 herein, shall be guilty of a gross misdemeanor; and, upon 
 conviction, punished by a fine of not more than $3,000 or by 
 imprisonment in the county jail for not more than one year or by 
 both such fine and imprisonment.  In the prosecution of any 
 person for violation of sections 150A.01 to 150A.12, it shall 
 not be necessary to allege or prove lack of a valid license to 
 practice dentistry or dental hygiene but such matter shall be a 
 matter of defense to be established by the defendant.  

    HIST: 1969 c 974 s 12; 1984 c 628 art 3 s 11 

     150A.13 Reporting obligations. 

    Subdivision 1.    Permission to report.  A person who 
 has knowledge of a registrant or a licensee unable to practice 
 with reasonable skill and safety by reason of illness, use of 
 alcohol, drugs, chemicals, or any other materials, or as a 
 result of any mental, physical, or psychological condition may 
 report the registrant or licensee to the board. 

    Subd. 2.    Institutions.  A hospital, clinic, or other 
 health care institution or organization located in this state 
 shall report to the board any action taken by the agency, 
 institution, or organization or any of its administrators or 
 dental or other committees to revoke, suspend, restrict, or 
 condition a registrant's or licensee's privilege to practice or 
 treat patients or clients in the institution, or as part of the 
 organization, any denial of privileges, or any other 
 disciplinary action against a registrant or licensee described 
 under subdivision 1.  The institution or organization shall also 
 report the resignation of any registrants or licensees prior to 
 the conclusion of any disciplinary action proceeding against a 
 registrant or licensee described under subdivision 1. 

    Subd. 3.    Dental societies.  A state or local dental 
 society or professional dental association shall report to the 
 board any termination, revocation, or suspension of membership 
 or any other disciplinary action taken against a registrant or 
 licensee.  If the society or association has received a 
 complaint against a registrant or licensee described under 
 subdivision 1, on which it has not taken any disciplinary 
 action, the society or association shall report the complaint 
 and the reason why it has not taken action on it or shall direct 
 the complainant to the board.  This subdivision does not apply 
 to a society or association when it performs peer review 
 functions as an agent of an outside entity, organization, or 
 system.  

    Subd. 4.    Licensed professionals.  (a) A licensed or 
 registered health professional shall report to the board 
 personal knowledge of any conduct by any person who the licensed 
 or registered health professional reasonably believes is a 
 registrant or licensee described under subdivision 1. 

    (b) Notwithstanding paragraph (a), a licensed health 
 professional shall report to the board knowledge of any actions 
 which institutions must report under subdivision 2. 

    Subd. 5.    Insurers and other entities making liability 
 payments.  (a) Four times each year as prescribed by the 
 board, each insurer authorized to sell insurance described in 
 section 60A.06, subdivision 1, clause (13), and providing 
 professional liability insurance to registrants or licensees, 
 shall submit to the board a report concerning the registrants 
 and licensees against whom malpractice settlements or awards 
 have been made to the plaintiff.  The report must contain at 
 least the following information: 

    (1) the total number of malpractice settlements or awards 
 made; 

    (2) the date the malpractice settlements or awards were 
 made; 

    (3) the allegations contained in the claim or complaint 
 leading to the settlements or awards made; 

    (4) the dollar amount of each malpractice settlement or 
 award; 

    (5) the regular address of the practice of the registrant 
 or licensee against whom an award was made or with whom a 
 settlement was made; and 

    (6) the name of the registrant or licensee against whom an 
 award was made or with whom a settlement was made. 

    (b) A dental clinic, hospital, political subdivision, or 
 other entity which makes professional liability insurance 
 payments on behalf of registrants or licensees shall submit to 
 the board a report concerning malpractice settlements or awards 
 paid on behalf of registrants or licensees, and any settlements 
 or awards paid by a clinic, hospital, political subdivision, or 
 other entity on its own behalf because of care rendered by 
 registrants or licensees.  This requirement excludes forgiveness 
 of bills.  The report shall be made to the board within 30 days 
 of payment of all or part of any settlement or award. 

    Subd. 6.    Courts.  The court administrator of district 
 court or any other court of competent jurisdiction shall report 
 to the board any judgment or other determination of the court 
 that adjudges or includes a finding that a registrant or 
 licensee is mentally ill, mentally incompetent, guilty of a 
 felony, guilty of a violation of federal or state narcotics laws 
 or controlled substances act, or guilty of an abuse or fraud 
 under Medicare or Medicaid; or that appoints a guardian of the 
 registrant or licensee pursuant to sections 524.5-101 to 524.5-502, or 
 commits a registrant or licensee pursuant to chapter 253B. 

    Subd. 7.    Self-reporting.  A registrant or licensee 
 shall report to the board any personal action that would require 
 that a report be filed by any person, health care facility, 
 business, or organization pursuant to subdivisions 2 to 6. 

    Subd. 8.    Deadlines; forms.  Reports required by 
 subdivisions 2 to 7 must be submitted not later than 30 days 
 after the occurrence of the reportable event or transaction.  
 The board may provide forms for the submission of reports 
 required by this section, may require that reports be submitted 
 on the forms provided, and may adopt rules necessary to assure 
 prompt and accurate reporting. 

    Subd. 9.    Subpoenas.  The board may issue subpoenas 
 for the production of any reports required by subdivisions 2 to 
 7 or any related documents. 

    HIST: 2002 c 341 s 2; 2004 c 146 art 3 s 47 

     150A.14 Immunity. 

    Subdivision 1.    Reporting immunity.  A person, health 
 care facility, business, or organization is immune from civil 
 liability or criminal prosecution for submitting a report in 
 good faith to the board under section 150A.13, or for 
 cooperating with an investigation of a report or with staff of 
 the board.  Reports are confidential data on individuals under 
 section 13.02, subdivision 3, and are privileged communications. 

    Subd. 2.    Program immunity.  Members of the board, 
 persons employed by the board, and board consultants are immune 
 from civil liability and criminal prosecution for any actions, 
 transactions, or publications in the execution of, or relating 
 to, their duties under section 150A.13. 

    HIST: 2002 c 341 s 3 

     150A.21 Removable dental prostheses; owner 
  identification. 

    Subdivision 1.    Patient's name and Social Security number.  
 Every complete upper and lower denture and 
 removable dental prosthesis fabricated by a dentist licensed 
 under section 150A.06, or fabricated pursuant to the dentist's 
 work order, shall be marked with the name and Social Security 
 number of the patient for whom the prosthesis is intended.  The 
 markings shall be done during fabrication and shall be 
 permanent, legible and cosmetically acceptable. The exact 
 location of the markings and the methods used to apply or 
 implant them shall be determined by the dentist or dental 
 laboratory fabricating the prosthesis.  If in the professional 
 judgment of the dentist or dental laboratory, this 
 identification is not practicable, identification shall be 
 provided as follows: 

    (a) The Social Security number of the patient may be 
 omitted if the name of the patient is shown; 

    (b) The initials of the patient may be shown alone, if use 
 of the name of the patient is impracticable; 

    (c) The identification marks may be omitted in their 
 entirety if none of the forms of identification specified in 
 clauses (a) and (b) are practicable or clinically safe. 

    Subd. 2.    Marking older devices.  Any removable dental 
 prosthesis in existence 
 prior to August 1, 1978, which was not marked in accordance with 
 subdivision 1 at the time of its fabrication, shall be so marked 
 at the time of any subsequent rebasing. 

    Subd. 3.    Technical assistance.  The commissioner of health 
 shall provide 
 technical assistance for marking methods and materials and other 
 matters necessary to effectuate the provisions of this section. 

    Subd. 4.    Failure to comply.  Failure of any dentist to comply 
 with this 
 section shall be deemed to be a violation for which the dentist 
 may be subject to proceedings pursuant to section 150A.08, 
 provided the dentist is charged with the violation within two 
 years of initial insertion of the dental prosthetic device. 

    HIST: 1978 c 716 s 1; 1986 c 444 

     150A.22 Donated dental services. 

    (a) The Board of Dentistry shall contract with the 
 Minnesota Dental Association, or another appropriate and 
 qualified organization to develop and operate a donated dental 
 services program to provide dental care to public program 
 recipients and the uninsured through dentists who volunteer 
 their services without compensation.  As part of the contract, 
 the board shall include specific performance and outcome 
 measures that the contracting organization must meet.  The 
 donated dental services program shall: 

    (1) establish a network of volunteer dentists, including 
 dental specialties, to donate dental services to eligible 
 individuals; 

    (2) establish a system to refer eligible individuals to the 
 appropriate volunteer dentists; and 

    (3) develop and implement a public awareness campaign to 
 educate eligible individuals about the availability of the 
 program. 

    (b) Funding for the program may be used for administrative 
 or technical support.  The organization contracting with the 
 board shall provide an annual report that accounts for funding 
 appropriated to the program by the state, documents the number 
 of individuals served by the program and the number of dentists 
 participating as program providers, and provides data on meeting 
 the specific performance and outcome measures identified by the 
 board.  

    HIST: 2002 c 399 s 2