Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983 CHAPTER 70--H.F.No. 342 An act relating to the board of dentistry; increasing the board's powers in relation to disciplinary actions; exempting certain registered occupations from business licensing review; amending Minnesota Statutes 1982, sections 116J.70, subdivision 2a; 150A.01, by adding a subdivision; 150A.05, subdivision 2; 150A.06; 150A.08, subdivisions 1, 3, and by adding subdivisions; 150A.09; and repealing Laws 1976, chapter 263, section 6, subdivision 2. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1982, section 116J.70, subdivision 2a, is amended to read: Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or "license" does not include the following: (1) Any occupational license or registration issued by a licensing board listed in section 214.01 or any occupational registration issued by the commissioner of health pursuant to section 214.13; (2) Any license issued by a county, home rule charter city, statutory city, township or other political subdivision; (3) Any license required to practice the following occupation regulated by the following sections: (a) Abstracters regulated pursuant to chapter 386; (b) Accountants regulated pursuant to chapter 326; (c) Adjusters regulated pursuant to chapter 72B; (d) Architects regulated pursuant to chapter 326; (e) Assessors regulated pursuant to chapter 270; (f) Attorneys regulated pursuant to chapter 481; (g) Auctioneers regulated pursuant to chapter 330; (h) Barbers regulated pursuant to chapter 154; (i) Beauticians regulated pursuant to chapter 155; (j) Boiler operators regulated pursuant to chapter 183; (k) Chiropractors regulated pursuant to chapter 148; (l) Collection agencies regulated pursuant to chapter 332; (m) Cosmetologists regulated pursuant to chapter 155; (n) Dentists, registered dental assistants, and dental hygienists regulated pursuant to chapter 150A; (o) Detectives regulated pursuant to chapter 326; (p) Electricians regulated pursuant to chapter 326; (q) Embalmers regulated pursuant to chapter 149; (r) Engineers regulated pursuant to chapter 326; (s) Insurance brokers and salespersons regulated pursuant to chapter 60A; (t) Midwives regulated pursuant to chapter 148; (u) Morticians regulated pursuant to chapter 149; (v) Nursing home administrators regulated pursuant to chapter 144A; (w) Optometrists regulated pursuant to chapter 148; (x) Osteopathic physicians regulated pursuant to chapter 147; (y) Pharmacists regulated pursuant to chapter 151; (z) Physical therapists regulated pursuant to chapter 148; (aa) Physicians and surgeons regulated pursuant to chapter 147; (bb) Plumbers regulated pursuant to chapter 326; (cc) Podiatrists regulated pursuant to chapter 153; (dd) Practical nurses regulated pursuant to chapter 148; (ee) Professional fundraisers regulated pursuant to chapter 309; (ff) Psychologists regulated pursuant to chapter 148; (gg) Real estate brokers, salespersons and others regulated pursuant to chapters 82 and 83; (hh) Registered nurses regulated pursuant to chapter 148; (ii) Securities brokers, dealers, agents and investment advisers regulated pursuant to chapter 80A; (jj) Steamfitters regulated pursuant to chapter 326; (kk) Teachers and supervisory and support personnel regulated pursuant to chapter 125; (ll) Veterinarians regulated pursuant to chapter 156; (mm) Watchmakers regulated pursuant to chapter 326; (nn) Water conditioning contractors and installers regulated pursuant to chapter 326; (oo) Water well contractors regulated pursuant to chapter 156A; (pp) Water and waste treatment operators regulated pursuant to chapter 115; (qq) Motor carriers regulated pursuant to chapter 221; (rr) Professional corporations regulated pursuant to chapter 319A; (4) Any driver's license required pursuant to chapter 171; (5) Any aircraft license required pursuant to chapter 360; (6) Any watercraft license required pursuant to chapter 361; (7) Any license, permit, registration, certification, or other approval pertaining to a regulatory or management program related to the protection, conservation, or use of or interference with the resources of land, air or water, which is required to be obtained from a state agency or instrumentality; and (8) Any pollution control rule or standard established by the pollution control agency or any health rule or standard established by the commissioner of health. Sec. 2. Minnesota Statutes 1982, section 150A.01, is amended by adding a subdivision to read: Subd. 9. "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. Sec. 3. Minnesota Statutes 1982, section 150A.05, subdivision 2, is amended to read: Subd. 2. [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES AND OPERATIONS.] Sections 150A.01 to 150A.12 shall not apply to: (1) A duly licensed physician and surgeon unless he practices dentistry as a specialty; (2) The practice of dentistry in any branch of the armed services of the United States, the United States public health service, or the United States veterans administration; (3) Dental schools, colleges or schools of dental hygiene, or schools of dental assistingas now approved, or as may beapproved,by the board of dentistry, and the practice of dentistry, dental hygiene, or dental assisting by students in dental schools or colleges, schools of dental hygiene, or schools of dental assisting approved by the board, when acting under the direction and supervision of licensed dentists acting as instructors; (4) 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; (5) The actions of persons while they are taking examinations for licensure or registration administered or approved by the board pursuant to section 150A.03, subdivision 1, and section 150A.06, subdivisions 1, 2, and 2a; (6) 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; (7) The use of roentgens or other rays for making roentgenograms or similar records of dental or oral tissues in a hospitalorunder the supervision of a physician or dentist; or(6)(8) 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 pursuant to a written work order from a licensed dentist in accordance with section 150A.10, subdivision 3. Sec. 4. Minnesota Statutes 1982, section 150A.06, is amended to read: 150A.06 [LICENSURE.] Subdivision 1. [DENTISTS.] A person of good moral character not already a licensed dentist of the state, having submitted an application and fee as prescribed by the board and his diploma or equivalent from a dental collegeof goodstanding, of which standing the board shall be the sole judge,approved by the board may be examined by the board or by an agency pursuant to section 150A.03, subdivision 1, in a manner to test the applicant's fitness to practice dentistry. In the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants may take the examination prior to applying to the board for licensure. The examination shall include an examination of the applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the board.The board may by rule provide thatAn applicantshall beis ineligible to retake the clinical examination required by the boarduponafter failing iton two occasionstwice untilsuchtime ashe obtains further education and training as specified by the boardin theby rule. A separate, nonrefundable fee may be charged for each time a person applieswhich in no case shallbe refunded. An applicant who passes the examination in compliance with subdivision 2b and meets all other requirements of the board shall be licensed to practice dentistry and supplied with a license by the board.Rules of the boardestablishing an examination fee shall remain in effect and shallconstitute the application fee provided for herein until suchtime as the board shall amend, repeal, or otherwise change therules pursuant to chapter 14.Subd. 2. [DENTAL HYGIENISTS.] A person of good moral character not already a licensed dental hygienist of this state,being a graduate ofwho has graduated from an accredited high school or its equivalent, andhavinghas submitted an application and fee as prescribed by the board and his diploma or equivalent from a training school for dental hygienistsofgood standing, of which standing the board shall be the solejudge,or its equivalent approved by the board, may be examined by the board or by an agency pursuant to section 150A.03, subdivision 1, in a manner to test the applicant's fitness to practice dental hygiene. In the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants may take the examinationprior tobefore applying to the board for licensure. Each applicant shall also be examined on the applicant's knowledge of the laws of Minnesota relating to dentistry and of the rules of the board.The board may by ruleprovide thatAn applicantshall beis ineligible to retake the clinical examination required by the boardupon failing it ontwo occasions until such time asafter failing it twice until he obtains further education and training as specified by the boardin theby rule. A separate, nonrefundable fee may be charged for each time a person applieswhich in no case shall berefunded. An applicant who passes the examination in compliance with subdivision 2b and meets all the other requirements of the board shall be licensed as a dental hygienist and supplied with a license by the board.Rules of the board establishing anexamination fee shall remain in effect and shall constitute theapplication fee provided for herein until such time as the boardshall amend, repeal, or otherwise change the rules pursuant tochapter 14.Subd. 2a. [REGISTERED DENTAL ASSISTANT.] A person of good moral character,havingwho has submitted an application and fee as prescribed by the board and his diploma or equivalent from a training school, of good standing,for dental assistants, ofwhich standing the board shall be sole judge, or equivalent asor its equivalent approved by the board, may be examined by the board or by an agency pursuant to section 150A.03, subdivision 1, in a manner to test the applicant's fitness to perform as a registered dental assistant. The diploma or its equivalent must evidence compliance with the time limit requirement of subdivision 7. In the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants may take the examinationprior tobefore 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.The board may by ruleprovide thatAn applicantshall beis ineligible to retake the clinical examination required by the boardupon failing it ontwo occasions until such time as heafter failing it twice until he obtains further education and training as specified by the boardin theby rule. A separate, nonrefundable fee may be charged for each time a person applieswhich in no case shall berefunded. An applicant who passes the examination in compliance with subdivision 2b and meets all the other requirements of the board shall be registered as a dental assistant.Rules of theboard establishing an examination fee shall remain in effect andshall constitute the application fee provided for herein untilsuch time as the board shall amend, repeal, or otherwise changeThe examination fee set by the board in rule is the application fee until the board amends, repeals, or otherwise changes the rules pursuant to chapter 14. Subd. 2b. [EXAMINATION.] When board members administer the examinationof persons applyingfor licensure or registrationisgiven by board members, it shall be administered by, only those board members qualified for the particular examinationbeinggivenmay 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. 3. [WAIVER OF EXAMINATION.] 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 rulesand regulationsof the board, may, at the discretion of the board, be waived for an applicant whoshall presentpresents 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, of which standing the board shall be the sole judge. Subd. 4. [RECIPROCITYLICENSURE BY CREDENTIALS.] Any person who is lawfully practicing dentistry or dental hygiene in another state or Canadian province having and maintaining a standard of examination for licensure and of laws regulatingsuchthe practice within that state or Canadian province, substantially equivalent toMinnesota, of which factMinnesota's, as determined by the boardshall be the sole judge,and, who is a reputable dentist or dental hygienist of good moral characterand desirous of removing to this state, and who deposits, in person, with the board of dentistry a certificate from the board of dentistry of the state or Canadian province in which he is licensed, certifying to the fact of his licensure and that he is of good moral character and professional attainments,mayshall, upon payment of the fee,established by the boardand at the discretion of the board be granted alicense to practice in this state without further examination,provided that he shall be examined in the laws of Minnesotarelating to dentistry and the rules of the board of dentistry, be interviewed by the board. The interview shall consist of assessing the applicant's knowledge of dental subjects. If the applicant does not demonstrate the minimum knowledge in dental subjects required for licensure under subdivisions 1 and 2, the application shall be denied. When denying a license, the board may notify the applicant of any specific course that the applicant could take which, if passed, would qualify the applicant for licensure. The denial shall not prohibit the applicant from applying for licensure under subdivisions 1 and 2. If the applicant demonstrates the minimum knowledge in dental subjects required for licensure under subdivisions 1 and 2 and meets the other requirements of this subdivision, he shall be granted a license to practice in this state, if he passes an examination on the laws of Minnesota relating to dentistry and the rules of the board of dentistry. Subd. 5. [FRAUD IN SECURING LICENSES.] Every person implicated in employing fraud or deception in applying for or securing a license to practice dentistry or dental hygiene or in applying for or securing a registration to practice dental assisting or inthe annual registration of suchannually registering a license or registration under sections 150A.01 to 150A.12shall beis guilty of a gross misdemeanor. Subd. 6. [DISPLAY OF NAME AND CERTIFICATES.] Every licensed dentist, dental hygienist, or registered dental assistant shallpost andkeep conspicuously displayed his name, license certificate and annual registration certificate in every officewhereinin which he practices, in plain sight of his patientsand. If there is more than one dentist, dental hygienist, or registered dental assistant practicing or employed in any office, the manager or proprietor ofsuchthe office shallpost anddisplayor cause to be posted and displayed, inlike mannerin plain sight the name, license certificate and annual registration certificate of each dentist, dental hygienist, or registered dental assistantsopracticing or employedtherein. In addition there shall be posted ordisplayedthere. Near oruponon the entrance door to every officewhereinwhere dentistry is practiced, the name of eachand everydentist practicingtherein and such names shall be thename of the personthere, as inscribeduponon the license certificate and annual registration certificate of each dentist, shall be displayed in plain sight. Subd. 7. [SPECIFIC GRADUATION REQUIREMENT.] An applicant shall not be initially registered as a dental assistant if his graduation from a school of professional training occurred more than five years before the date the application is received by the board, unless the applicant for registration has been registered or otherwise credentialed to perform the duties, for which registration is sought, by another state or country or by the United States government. The board may, by rule, establish additional educational requirements for licensure of an applicant governed by this subdivision. Sec. 5. Minnesota Statutes 1982, section 150A.08, subdivision 1, is amended to read: Subdivision 1. [GROUNDS.] The board may refuse or by order suspend or revoke, limit or modify by imposingsuchconditionsas the board may deem necessary in the manner hereinafterprovidedit deems necessary, any license to practice dentistry or dental hygiene or the registration of any dental assistantissued heretofore or hereunderupon any of the following grounds: (1) Fraud or deception in connection with the practice of dentistry or the securing ofsucha license or annual registration certificate; (2) Convictionof the holder, 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) Convictionof the holder, 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) Habitualindulgence in the use of narcotics or habitualoverindulgence 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;(6)(7) Gross immorality;(7)(8)AdvancedAny physicalor, 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;(8)(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;(9)(11) Employing, assisting, or enabling in any manner an unlicensed person to practice dentistry;or(12) Failure or refusal to attend, testify, and produce records as directed by the board under subdivision 7; or(10)(13) Violation of, or failure to comply with, any other provisions of sections 150A.01 to 150A.12or, the rules of the board of dentistry, or any disciplinary order issued by the board 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. Sec. 6. Minnesota Statutes 1982, section 150A.08, subdivision 3, is amended to read: Subd. 3. [REINSTATEMENT.] Any licensee or registrant whose license or registration has been suspended or revoked may have his license or registration reinstated or a new license or registration issued, as the case may be, whenin the discretionofthe boardsuchdeems the action is warrantedand. The board may require the licensee or registrant to pay all costs of proceedings resulting in his suspension or revocation of license or registration and reinstatement or new license and, inaddition thereto,the fee for reinstatement established by the board. Any licensee or registrant who has been disciplined by the board in a manner other than by suspension or revocation may be required by the board to pay all costs of proceedings resulting in the disciplinary action. Sec. 7. Minnesota Statutes 1982, section 150A.08, is amended by adding a subdivision to read: 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 that he can 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. Sec. 8. Minnesota Statutes 1982, section 150A.08, is amended by adding a subdivision to read: Subd. 6. [MEDICAL RECORDS.] Notwithstanding contrary provisions of sections 13.42 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 public welfare. 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. Sec. 9. Minnesota Statutes 1982, section 150A.08, is amended by adding a subdivision to read: 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 him or her; 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. Sec. 10. Minnesota Statutes 1982, section 150A.08, is amended by adding a subdivision to read: 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 his counsel 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 hearing examiner 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. Sec. 11. Minnesota Statutes 1982, section 150A.09, is amended to read: 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,suchpertinent informationas may berequired 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 shallcausesend a written notice stating the amount and due date of the fee and the information to be provided, to be sentto every licensed dentist, dental hygienist, and registered dental assistant. Subd. 3. [CURRENT ADDRESS, CHANGE OF ADDRESSAND DUPLICATECERTIFICATES.]Every licensed dentist upon changing his locationof practice, every dental hygienist and every registered dentalassistant, upon changing his address shall, within 30 daysthereafter, furnish the board with his new addressEvery 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 annual certificates of license renewal may be issued by the board upon satisfactory proofbeing furnished to theboardof the need forsuchthe duplicates and uponthepayment of the fee established by the board. Subd.45. [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. 5. [EYE EXAMINATION.] The board may establish byrules, requirements for eye examinations of individual dentists,dental hygienists or registered dental assistants if in theopinion of the board it is reasonably necessary, from licensedoptometrists or ophthalmologists indicating that the licensee orregistrant has visual acuity to perform the services required ofsuch licensee or registrant.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. Sec. 12. [REPEALER.] Laws 1976, chapter 263, section 6, subdivision 2, is repealed. Sec. 13. [EFFECTIVE DATE.] Sections 1 to 12 are effective the day following final enactment. Approved April 29, 1983
Official Publication of the State of Minnesota
Revisor of Statutes