2006 Minnesota Statutes

150A.08 LICENSURE AND REGISTRATION ACTIONS.
    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.
History: 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