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Chapter 150A

Section 150A.06

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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. Pursuant to Minnesota Rules, chapter 3100, and at the discretion
of the board, a limited faculty license must be renewed annually and a full faculty license must
be renewed biennially. 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. 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.
History: 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; 2005 c 147 art 4 s 2

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.

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