Bill Text: MN HF1463 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Dental licensing provisions changed.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2014-03-17 - Committee report, to adopt as amended and re-refer to Health and Human Services Finance [HF1463 Detail]
Download: Minnesota-2013-HF1463-Engrossed.html
1.2relating to health; making changes to dental licensing provisions;amending
1.3Minnesota Statutes 2012, sections 150A.01, subdivision 8a; 150A.06,
1.4subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, subdivisions 3, 8, 16;
1.5150A.10.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to
1.8read:
1.9 Subd. 8a. Resident dentist. "Resident dentist" means a person who is licensed to
1.10practice dentistry as an enrolled graduate student or student of an advanced education
1.11program accredited by theAmerican Dental Association Commission on Dental
1.12Accreditation.
1.13 Sec. 2. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
1.14 Subdivision 1. Dentists. A person of good moral character who has graduated from
1.15a dental program accredited by the Commission on Dental Accreditationof the American
1.16Dental Association, having submitted an application and fee as prescribed by the board,
1.17may be examined by the board or by an agency pursuant to section150A.03, subdivision
1.181 , in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental
1.19college in another country must not be disqualified from examination solely because of
1.20the applicant's foreign training if the board determines that the training is equivalent to or
1.21higher than that provided by a dental college accredited by the Commission on Dental
1.22Accreditationof the American Dental Association. In the case of examinations conducted
1.23pursuant to section150A.03, subdivision 1 , applicants shall take the examination prior to
1.24applying to the board for licensure. The examination shall include an examination of the
2.1applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the
2.2board. An applicant is ineligible to retake the clinical examination required by the board
2.3after failing it twice until further education and training are obtained as specified by the
2.4board by rule. A separate, nonrefundable fee may be charged for each time a person applies.
2.5An applicant who passes the examination in compliance with subdivision 2b, abides by
2.6professional ethical conduct requirements, and meets all other requirements of the board
2.7shall be licensed to practice dentistry and granted a general dentist license by the board.
2.8 Sec. 3. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
2.9 Subd. 1a. Faculty dentists. (a) Faculty members of a school of dentistry must be
2.10licensed in order to practice dentistry as defined in section150A.05 . The board may
2.11issue to members of the faculty of a school of dentistry a license designated as either a
2.12"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry
2.13within the terms described in paragraph (b) or (c). The dean of a school of dentistry and
2.14program directors of a Minnesota dental hygiene or dental assisting school accredited by
2.15the Commission on Dental Accreditationof the American Dental Association shall certify
2.16to the board those members of the school's faculty who practice dentistry but are not
2.17licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as
2.18defined in section150A.05 , before beginning duties in a school of dentistry or a dental
2.19hygiene or dental assisting school, shall apply to the board for a limited or full faculty
2.20license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board,
2.21a limited faculty license must be renewed annually and a full faculty license must be
2.22renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board
2.23for issuing and renewing the faculty license. The faculty license is valid during the time
2.24the holder remains a member of the faculty of a school of dentistry or a dental hygiene or
2.25dental assisting school and subjects the holder to this chapter.
2.26(b) The board may issue to dentist members of the faculty of a Minnesota school
2.27of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
2.28Accreditationof the American Dental Association, a license designated as a limited
2.29faculty license entitling the holder to practice dentistry within the school and its affiliated
2.30teaching facilities, but only for the purposes of teaching or conducting research. The
2.31practice of dentistry at a school facility for purposes other than teaching or research is not
2.32allowed unless the dentist was a faculty member on August 1, 1993.
2.33(c) The board may issue to dentist members of the faculty of a Minnesota school
2.34of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
2.35Accreditationof the American Dental Association a license designated as a full faculty
3.1license entitling the holder to practice dentistry within the school and its affiliated teaching
3.2facilities and elsewhere if the holder of the license is employed 50 percent time or more by
3.3the school in the practice of teaching or research, and upon successful review by the board
3.4of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule.
3.5The board, at its discretion, may waive specific licensing prerequisites.
3.6 Sec. 4. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
3.7 Subd. 1c. Specialty dentists. (a) The board may granta one or more specialty
3.8license licenses in the specialty areas of dentistry that are recognized by the American
3.9Dental Association Commission on Dental Accreditation.
3.10(b) An applicant for a specialty license shall:
3.11(1) have successfully completed a postdoctoral specialtyeducation program
3.12accredited by the Commission on Dental Accreditationof the American Dental
3.13Association, or have announced a limitation of practice before 1967;
3.14(2) have been certified by a specialtyexamining board approved by the Minnesota
3.15Board of Dentistry, or provide evidence of having passed a clinical examination for
3.16licensure required for practice in any state or Canadian province, or in the case of oral and
3.17maxillofacial surgeons only, have a Minnesota medical license in good standing;
3.18(3) have been in active practice or a postdoctoral specialty education program or
3.19United States government service at least 2,000 hours in the 36 months prior to applying
3.20for a specialty license;
3.21(4) if requested by the board, be interviewed by a committee of the board, which
3.22may include the assistance of specialists in the evaluation process, and satisfactorily
3.23respond to questions designed to determine the applicant's knowledge of dental subjects
3.24and ability to practice;
3.25(5) if requested by the board, present complete records on a sample of patients
3.26treated by the applicant. The sample must be drawn from patients treated by the applicant
3.27during the 36 months preceding the date of application. The number of records shall be
3.28established by the board. The records shall be reasonably representative of the treatment
3.29typically provided by the applicant for each specialty area;
3.30(6) at board discretion, pass a board-approved English proficiency test if English is
3.31not the applicant's primary language;
3.32(7) pass all components of the National Board Dental Examinations;
3.33(8) pass the Minnesota Board of Dentistry jurisprudence examination;
3.34(9) abide by professional ethical conduct requirements; and
3.35(10) meet all other requirements prescribed by the Board of Dentistry.
4.1(c) The application must include:
4.2(1) a completed application furnished by the board;
4.3(2) at least two character references from two different dentists for each specialty
4.4area, one of whom must be a dentist practicing in the same specialty area, and the other
4.5 from the director ofthe each specialty program attended;
4.6(3) a licensed physician's statement attesting to the applicant's physical and mental
4.7condition;
4.8(4) a statement from a licensed ophthalmologist or optometrist attesting to the
4.9applicant's visual acuity;
4.10(5) a nonrefundable fee; and
4.11(6) a notarized, unmounted passport-type photograph, three inches by three inches,
4.12taken not more than six months before the date of application.
4.13(d) A specialty dentist holdinga one or more specialty license licenses is limited to
4.14practicing in the dentist's designated specialty area or areas. The scope of practice must be
4.15defined by each national specialty board recognized by theAmerican Dental Association
4.16 Commission on Dental Accreditation.
4.17(e) A specialty dentist holding a generaldentist dental license is limited to practicing
4.18in the dentist's designated specialty area or areas if the dentist has announced a limitation
4.19of practice. The scope of practice must be defined by each national specialty board
4.20recognized by theAmerican Dental Association Commission on Dental Accreditation.
4.21(f) All specialty dentists who have fulfilled the specialty dentist requirements and
4.22who intend to limit their practice to a particular specialty area or areas may apply for
4.23a one or more specialty license licenses.
4.24 Sec. 5. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
4.25 Subd. 1d. Dental therapists. A person of good moral character who has graduated
4.26with a baccalaureate degree or a master's degree from a dental therapy education program
4.27that has been approved by the board or accredited by theAmerican Dental Association
4.28 Commission on Dental Accreditation or another board-approved national accreditation
4.29organization may apply for licensure.
4.30The applicant must submit an application and fee as prescribed by the board and a
4.31diploma or certificate from a dental therapy education program. Prior to being licensed,
4.32the applicant must pass a comprehensive, competency-based clinical examination that is
4.33approved by the board and administered independently of an institution providing dental
4.34therapy education. The applicant must also pass an examination testing the applicant's
4.35knowledge of the Minnesota laws and rules relating to the practice of dentistry. An
5.1applicant who has failed the clinical examination twice is ineligible to retake the clinical
5.2examination until further education and training are obtained as specified by the board. A
5.3separate, nonrefundable fee may be charged for each time a person applies. An applicant
5.4who passes the examination in compliance with subdivision 2b, abides by professional
5.5ethical conduct requirements, and meets all the other requirements of the board shall
5.6be licensed as a dental therapist.
5.7 Sec. 6. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
5.8 Subd. 2. Dental hygienists. A person of good moral character, who has graduated
5.9from a dental hygiene program accredited by the Commission on Dental Accreditationof
5.10the American Dental Association and established in an institution accredited by an agency
5.11recognized by the United States Department of Education to offer college-level programs,
5.12may apply for licensure. The dental hygiene program must provide a minimum of two
5.13academic years of dental hygiene education. The applicant must submit an application and
5.14fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being
5.15licensed, the applicant must pass the National Board of Dental Hygiene examination and a
5.16board approved examination designed to determine the applicant's clinical competency. In
5.17the case of examinations conducted pursuant to section150A.03, subdivision 1 , applicants
5.18shall take the examination before applying to the board for licensure. The applicant must
5.19also pass an examination testing the applicant's knowledge of the laws of Minnesota relating
5.20to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake
5.21the clinical examination required by the board after failing it twice until further education
5.22and training are obtained as specified by board rule. A separate, nonrefundable fee may
5.23be charged for each time a person applies. An applicant who passes the examination in
5.24compliance with subdivision 2b, abides by professional ethical conduct requirements, and
5.25meets all the other requirements of the board shall be licensed as a dental hygienist.
5.26 Sec. 7. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
5.27 Subd. 2a. Licensed dental assistant. A person of good moral character, who has
5.28graduated from a dental assisting program accredited by the Commission on Dental
5.29Accreditationof the American Dental Association, may apply for licensure. The applicant
5.30must submit an application and fee as prescribed by the board and the diploma or
5.31certificate of dental assisting. In the case of examinations conducted pursuant to section
5.32150A.03, subdivision 1
, applicants shall take the examination before applying to the board
5.33for licensure. The examination shall include an examination of the applicant's knowledge
5.34of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is
6.1ineligible to retake the licensure examination required by the board after failing it twice
6.2until further education and training are obtained as specified by board rule. A separate,
6.3nonrefundable fee may be charged for each time a person applies. An applicant who
6.4passes the examination in compliance with subdivision 2b, abides by professional ethical
6.5conduct requirements, and meets all the other requirements of the board shall be licensed
6.6as a dental assistant.
6.7 Sec. 8. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
6.8 Subd. 2d. Continuing education and professional development waiver. (a) The
6.9board shall grant a waiver to the continuing education requirements under this chapter for
6.10a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental
6.11assistant who documents to the satisfaction of the board that the dentist, dental therapist,
6.12dental hygienist, or licensed dental assistant has retired from active practice in the state
6.13and limits the provision of dental care services to those offered without compensation
6.14in a public health, community, or tribal clinic or a nonprofit organization that provides
6.15services to the indigent or to recipients of medical assistance, general assistance medical
6.16care, or MinnesotaCare programs.
6.17(b) The board may require written documentation from the volunteer and retired
6.18dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting
6.19this waiver.
6.20(c) The board shall require the volunteer and retired dentist, dental therapist, dental
6.21hygienist, or licensed dental assistant to meet the following requirements:
6.22(1) a licensee seeking a waiver under this subdivision must complete and document
6.23at least five hours of approved courses in infection control, medical emergencies, and
6.24medical management for the continuing education cycle; and
6.25(2) provide documentation of current CPR certification from completion of the
6.26American Heart Association healthcare provider course, or the American Red Cross
6.27professional rescuer course, or an equivalent entity.
6.28 Sec. 9. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
6.29 Subd. 3. Waiver of examination. (a) All or any part of the examination for
6.30dentists or dental hygienists, except that pertaining to the law of Minnesota relating to
6.31dentistry and the rules of the board, may, at the discretion of the board, be waived for an
6.32applicant who presents a certificate of having passed all components of the National Board
6.33Dental Examinations or evidence of having maintained an adequate scholastic standing
7.1as determined by the board, in dental school as to dentists, or dental hygiene school as
7.2to dental hygienists.
7.3(b) The board shall waive the clinical examination required for licensure for any
7.4dentist applicant who is a graduate of a dental school accredited by the Commission on
7.5Dental Accreditationof the American Dental Association, who has passed all components
7.6of the National Board Dental Examinations, and who has satisfactorily completed a
7.7Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced
7.8education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral
7.9program must be accredited by the Commission on Dental Accreditationof the American
7.10Dental Association, be of at least one year's duration, and include an outcome assessment
7.11evaluation assessing the resident's competence to practice dentistry. The board may require
7.12the applicant to submit any information deemed necessary by the board to determine
7.13whether the waiver is applicable.The board may waive the clinical examination for an
7.14applicant who meets the requirements of this paragraph and has satisfactorily completed an
7.15accredited postdoctoral general dentistry residency program located outside of Minnesota.
7.16 Sec. 10. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
7.17 Subd. 8. Licensure by credentials. (a) Any dental assistant may, upon application
7.18and payment of a fee established by the board, apply for licensure based on an evaluation
7.19of the applicant's education, experience, and performance record in lieu of completing a
7.20board-approved dental assisting program for expanded functions as defined in rule, and
7.21may be interviewed by the board to determine if the applicant:
7.22(1) has graduated from an accredited dental assisting program accredited by the
7.23Commissionof on Dental Accreditation of the American Dental Association, or is
7.24currently certified by the Dental Assisting National Board;
7.25(2) is not subject to any pending or final disciplinary action in another state or
7.26Canadian province, or if not currently certified or registered, previously had a certification
7.27or registration in another state or Canadian province in good standing that was not subject
7.28to any final or pending disciplinary action at the time of surrender;
7.29(3) is of good moral character and abides by professional ethical conduct
7.30requirements;
7.31(4) at board discretion, has passed a board-approved English proficiency test if
7.32English is not the applicant's primary language; and
7.33(5) has met all expanded functions curriculum equivalency requirements of a
7.34Minnesota board-approved dental assisting program.
8.1(b) The board, at its discretion, may waive specific licensure requirements in
8.2paragraph (a).
8.3(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
8.4minimum knowledge in dental subjects required for licensure under subdivision 2a must
8.5be licensed to practice the applicant's profession.
8.6(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
8.7required for licensure under subdivision 2a, the application must be denied. If licensure is
8.8denied, the board may notify the applicant of any specific remedy that the applicant could
8.9take which, when passed, would qualify the applicant for licensure. A denial does not
8.10prohibit the applicant from applying for licensure under subdivision 2a.
8.11(e) A candidate whose application has been denied may appeal the decision to the
8.12board according to subdivision 4a.
8.13 Sec. 11. Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read:
8.14 Subd. 3. Initial license or permit fees. Along with the application fee, each of the
8.15following applicants shall submit a separateprorated initial license or permit fee. The
8.16prorated initial fee shall be established by the board based on the number of months of the
8.17applicant's initial term as described in Minnesota Rules, part 3100.1700, subpart 1a, not to
8.18exceed the followingmonthly nonrefundable fee amounts:
8.19(1) dentist or full faculty dentist,$14 times the number of months of the initial
8.20term $168;
8.21(2) dental therapist,$10 times the number of months of the initial term $120;
8.22(3) dental hygienist,$5 times the number of months of the initial term $60;
8.23(4) licensed dental assistant,$3 times the number of months of the initial term
8.24 $36; and
8.25(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500,
8.26subpart 3,$1 times the number of months of the initial term $12.
8.27 Sec. 12. Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read:
8.28 Subd. 8. Duplicate license or certificate fee. Each applicant shall submit, with
8.29a request for issuance of a duplicate of the original license, or of an annual or biennial
8.30renewal certificate for a license or permit, a fee in the following amounts:
8.31(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental
8.32assistant license, $35;and
8.33(2) annual or biennial renewal certificates, $10.; and
8.34(3) wallet-sized license and renewal certificate, $15.
9.1 Sec. 13. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to
9.2read:
9.3 Subd. 16. Failure of professional development portfolio audit. A licensee shall
9.4submit a fee as established by the board not to exceed the amount of$250 $1,000 after
9.5failing twoconsecutive professional development portfolio audits and, thereafter, for each
9.6failed professional development portfolio audit under Minnesota Rules, part 3100.5300.
9.7 In addition to the fee, the board may initiate the complaint process to address multiple
9.8failed audits.
9.9 Sec. 14. Minnesota Statutes 2012, section 150A.10, is amended to read:
9.10150A.10 ALLIED DENTAL PERSONNEL.
9.11 Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist,
9.12public institution, or school authority may obtain services from a licensed dental hygienist.
9.13The licensed dental hygienist may provide those services defined in section150A.05,
9.14subdivision 1a . The services provided shall not include the establishment of a final
9.15diagnosis or treatment plan for a dental patient. All services shall be provided under
9.16supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
9.17by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
9.18to be violating the provisions of sections150A.01 to
150A.12 , and any unauthorized dental
9.19service by a dental hygienist shall constitute a violation of sections150A.01 to
150A.12 .
9.20 Subd. 1a. Limited authorization for dental hygienists. (a) Notwithstanding
9.21subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
9.22by a health care facility, program, or nonprofit organization to perform dental hygiene
9.23services described under paragraph (b) without the patient first being examined by a
9.24licensed dentist if the dental hygienist:
9.25(1) has been engaged in the active practice of clinical dental hygiene for not less than
9.262,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
9.27200 hours of clinical practice in two of the past three years;
9.28(2) has entered into a collaborative agreement with a licensed dentist that designates
9.29authorization for the services provided by the dental hygienist;
9.30(3) has documented participation in courses in infection control and medical
9.31emergencies within each continuing education cycle; and
9.32(4) maintains current CPR certification from completion of the American Heart
9.33Association healthcare provider course, or the American Red Cross professional rescuer
9.34course, or an equivalent entity.
10.1(b) The dental hygiene services authorized to be performed by a dental hygienist
10.2under this subdivision are limited to:
10.3(1) oral health promotion and disease prevention education;
10.4(2) removal of deposits and stains from the surfaces of the teeth;
10.5(3) application of topical preventive or prophylactic agents, including fluoride
10.6varnishes and pit and fissure sealants;
10.7(4) polishing and smoothing restorations;
10.8(5) removal of marginal overhangs;
10.9(6) performance of preliminary charting;
10.10(7) taking of radiographs; and
10.11(8) performance of scaling and root planing.
10.12The dental hygienist may administer injections of local anesthetic agents or nitrous
10.13oxide inhalation analgesia as specifically delegated in the collaborative agreement with
10.14a licensed dentist. The dentist need not first examine the patient or be present. If the
10.15patient is considered medically compromised, the collaborative dentist shall review the
10.16patient record, including the medical history, prior to the provision of these services.
10.17Collaborating dental hygienists may work with unlicensed and licensed dental assistants
10.18who may only perform duties for which licensure is not required. The performance of
10.19dental hygiene services in a health care facility, program, or nonprofit organization as
10.20authorized under this subdivision is limited to patients, students, and residents of the
10.21facility, program, or organization.
10.22(c) A collaborating dentist must be licensed under this chapter and may enter into
10.23a collaborative agreement with no more than four dental hygienists unless otherwise
10.24authorized by the board. The board shall develop parameters and a process for obtaining
10.25authorization to collaborate with more than four dental hygienists. The collaborative
10.26agreement must include:
10.27(1) consideration for medically compromised patients and medical conditions for
10.28which a dental evaluation and treatment plan must occur prior to the provision of dental
10.29hygiene services;
10.30(2) age- and procedure-specific standard collaborative practice protocols, including
10.31recommended intervals for the performance of dental hygiene services and a period of
10.32time in which an examination by a dentist should occur;
10.33(3) copies of consent to treatment form provided to the patient by the dental hygienist;
10.34(4) specific protocols for the placement of pit and fissure sealants and requirements
10.35for follow-up care to assure the efficacy of the sealants after application; and
11.1(5) a procedure for creating and maintaining dental records for the patients that are
11.2treated by the dental hygienist. This procedure must specify where these records are
11.3to be located.
11.4The collaborative agreement must be signed and maintained by the dentist, the dental
11.5hygienist, and the facility, program, or organization; must be reviewed annually by the
11.6collaborating dentist and dental hygienist; and must be made available to the board
11.7upon request.
11.8(d) Before performing any services authorized under this subdivision, a dental
11.9hygienist must provide the patient with a consent to treatment form which must include a
11.10statement advising the patient that the dental hygiene services provided are not a substitute
11.11for a dental examination by a licensed dentist. If the dental hygienist makes any referrals
11.12to the patient for further dental procedures, the dental hygienist must fill out a referral form
11.13and provide a copy of the form to the collaborating dentist.
11.14(e) For the purposes of this subdivision, a "health care facility, program, or
11.15nonprofit organization" is limited to a hospital; nursing home; home health agency; group
11.16home serving the elderly, disabled, or juveniles; state-operated facility licensed by the
11.17commissioner of human services or the commissioner of corrections; and federal, state, or
11.18local public health facility, community clinic, tribal clinic, school authority, Head Start
11.19program, or nonprofit organization that serves individuals who are uninsured or who are
11.20Minnesota health care public program recipients.
11.21(f) For purposes of this subdivision, a "collaborative agreement" means a written
11.22agreement with a licensed dentist who authorizes and accepts responsibility for the
11.23services performed by the dental hygienist. The services authorized under this subdivision
11.24and the collaborative agreement may be performed without the presence of a licensed
11.25dentist and may be performed at a location other than the usual place of practice of the
11.26dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless
11.27specified in the collaborative agreement.
11.28 Subd. 2. Dental assistants. Every licensed dentist and dental therapist who uses the
11.29services of any unlicensed person for the purpose of assistance in the practice of dentistry
11.30or dental therapy shall be responsible for the acts of such unlicensed person while engaged
11.31in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to
11.32perform only those acts which are authorized to be delegated to unlicensed assistants
11.33by the Board of Dentistry. The acts shall be performed under supervision of a licensed
11.34dentist or dental therapist. A licensed dental therapist shall not supervise more than four
11.35registered licensed or unlicensed dental assistants at any one practice setting. The board
11.36may permit differing levels of dental assistance based upon recognized educational
12.1standards, approved by the board, for the training of dental assistants. The board may also
12.2define by rule the scope of practice of licensed and unlicensed dental assistants. The
12.3board by rule may require continuing education for differing levels of dental assistants,
12.4as a condition to their license or authority to perform their authorized duties. Any
12.5licensed dentist or dental therapist who permits an unlicensed assistant to perform any
12.6dental service other than that authorized by the board shall be deemed to be enabling an
12.7unlicensed person to practice dentistry, and commission of such an act by an unlicensed
12.8assistant shall constitute a violation of sections150A.01 to
150A.12 .
12.9 Subd. 3. Dental technicians. Every licensed dentist and dental therapist who uses
12.10the services of any unlicensed person, other than under the dentist's or dental therapist's
12.11supervision and within the same practice setting, for the purpose of constructing, altering,
12.12repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic,
12.13prosthetic or other dental appliance, shall be required to furnish such unlicensed person
12.14with a written work order in such form as shall be prescribed by the rules of the board. The
12.15work order shall be made in duplicate form, a duplicate copy to be retained in a permanent
12.16file of the dentist or dental therapist at the practice setting for a period of two years, and
12.17the original to be retained in a permanent file for a period of two years by the unlicensed
12.18person in that person's place of business. The permanent file of work orders to be kept
12.19by the dentist, dental therapist, or unlicensed person shall be open to inspection at any
12.20reasonable time by the board or its duly constituted agent.
12.21 Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and
12.222, a licensed dental hygienist or licensed dental assistant may perform the following
12.23restorative procedures:
12.24(1) place, contour, and adjust amalgam restorations;
12.25(2) place, contour, and adjust glass ionomer;
12.26(3) adapt and cement stainless steel crowns;and
12.27(4) place, contour, and adjust class I and class V supragingival composite restorations
12.28where the margins are entirely within the enamel.; and
12.29(5) place, contour, and adjust class II and class V supragingival composite
12.30restorations on primary teeth.
12.31(b) The restorative procedures described in paragraph (a) may be performed only if:
12.32(1) the licensed dental hygienist or licensed dental assistant has completed a
12.33board-approved course on the specific procedures;
12.34(2) the board-approved course includes a component that sufficiently prepares the
12.35licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly
12.36placed restoration;
13.1(3) a licensed dentist or licensed advanced dental therapist has authorized the
13.2procedure to be performed; and
13.3(4) a licensed dentist or licensed advanced dental therapist is available in the clinic
13.4while the procedure is being performed.
13.5(c) The dental faculty who teaches the educators of the board-approved courses
13.6specified in paragraph (b) must have prior experience teaching these procedures in an
13.7accredited dental education program.
1.3Minnesota Statutes 2012, sections 150A.01, subdivision 8a; 150A.06,
1.4subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, subdivisions 3, 8, 16;
1.5150A.10.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to
1.8read:
1.9 Subd. 8a. Resident dentist. "Resident dentist" means a person who is licensed to
1.10practice dentistry as an enrolled graduate student or student of an advanced education
1.11program accredited by the
1.12Accreditation.
1.13 Sec. 2. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
1.14 Subdivision 1. Dentists. A person of good moral character who has graduated from
1.15a dental program accredited by the Commission on Dental Accreditation
1.16
1.17may be examined by the board or by an agency pursuant to section
1.181
1.19college in another country must not be disqualified from examination solely because of
1.20the applicant's foreign training if the board determines that the training is equivalent to or
1.21higher than that provided by a dental college accredited by the Commission on Dental
1.22Accreditation
1.23pursuant to section
1.24applying to the board for licensure. The examination shall include an examination of the
2.1applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the
2.2board. An applicant is ineligible to retake the clinical examination required by the board
2.3after failing it twice until further education and training are obtained as specified by the
2.4board by rule. A separate, nonrefundable fee may be charged for each time a person applies.
2.5An applicant who passes the examination in compliance with subdivision 2b, abides by
2.6professional ethical conduct requirements, and meets all other requirements of the board
2.7shall be licensed to practice dentistry and granted a general dentist license by the board.
2.8 Sec. 3. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
2.9 Subd. 1a. Faculty dentists. (a) Faculty members of a school of dentistry must be
2.10licensed in order to practice dentistry as defined in section
2.11issue to members of the faculty of a school of dentistry a license designated as either a
2.12"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry
2.13within the terms described in paragraph (b) or (c). The dean of a school of dentistry and
2.14program directors of a Minnesota dental hygiene or dental assisting school accredited by
2.15the Commission on Dental Accreditation
2.16to the board those members of the school's faculty who practice dentistry but are not
2.17licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as
2.18defined in section
2.19hygiene or dental assisting school, shall apply to the board for a limited or full faculty
2.20license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board,
2.21a limited faculty license must be renewed annually and a full faculty license must be
2.22renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board
2.23for issuing and renewing the faculty license. The faculty license is valid during the time
2.24the holder remains a member of the faculty of a school of dentistry or a dental hygiene or
2.25dental assisting school and subjects the holder to this chapter.
2.26(b) The board may issue to dentist members of the faculty of a Minnesota school
2.27of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
2.28Accreditation
2.29faculty license entitling the holder to practice dentistry within the school and its affiliated
2.30teaching facilities, but only for the purposes of teaching or conducting research. The
2.31practice of dentistry at a school facility for purposes other than teaching or research is not
2.32allowed unless the dentist was a faculty member on August 1, 1993.
2.33(c) The board may issue to dentist members of the faculty of a Minnesota school
2.34of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
2.35Accreditation
3.1license entitling the holder to practice dentistry within the school and its affiliated teaching
3.2facilities and elsewhere if the holder of the license is employed 50 percent time or more by
3.3the school in the practice of teaching or research, and upon successful review by the board
3.4of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule.
3.5The board, at its discretion, may waive specific licensing prerequisites.
3.6 Sec. 4. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
3.7 Subd. 1c. Specialty dentists. (a) The board may grant
3.8
3.9
3.10(b) An applicant for a specialty license shall:
3.11(1) have successfully completed a postdoctoral specialty
3.12accredited by the Commission on Dental Accreditation
3.13
3.14(2) have been certified by a specialty
3.15Board of Dentistry, or provide evidence of having passed a clinical examination for
3.16licensure required for practice in any state or Canadian province, or in the case of oral and
3.17maxillofacial surgeons only, have a Minnesota medical license in good standing;
3.18(3) have been in active practice or a postdoctoral specialty education program or
3.19United States government service at least 2,000 hours in the 36 months prior to applying
3.20for a specialty license;
3.21(4) if requested by the board, be interviewed by a committee of the board, which
3.22may include the assistance of specialists in the evaluation process, and satisfactorily
3.23respond to questions designed to determine the applicant's knowledge of dental subjects
3.24and ability to practice;
3.25(5) if requested by the board, present complete records on a sample of patients
3.26treated by the applicant. The sample must be drawn from patients treated by the applicant
3.27during the 36 months preceding the date of application. The number of records shall be
3.28established by the board. The records shall be reasonably representative of the treatment
3.29typically provided by the applicant for each specialty area;
3.30(6) at board discretion, pass a board-approved English proficiency test if English is
3.31not the applicant's primary language;
3.32(7) pass all components of the National Board Dental Examinations;
3.33(8) pass the Minnesota Board of Dentistry jurisprudence examination;
3.34(9) abide by professional ethical conduct requirements; and
3.35(10) meet all other requirements prescribed by the Board of Dentistry.
4.1(c) The application must include:
4.2(1) a completed application furnished by the board;
4.3(2) at least two character references from two different dentists for each specialty
4.4area, one of whom must be a dentist practicing in the same specialty area, and the other
4.5 from the director of
4.6(3) a licensed physician's statement attesting to the applicant's physical and mental
4.7condition;
4.8(4) a statement from a licensed ophthalmologist or optometrist attesting to the
4.9applicant's visual acuity;
4.10(5) a nonrefundable fee; and
4.11(6) a notarized, unmounted passport-type photograph, three inches by three inches,
4.12taken not more than six months before the date of application.
4.13(d) A specialty dentist holding
4.14practicing in the dentist's designated specialty area or areas. The scope of practice must be
4.15defined by each national specialty board recognized by the
4.16 Commission on Dental Accreditation.
4.17(e) A specialty dentist holding a general
4.18in the dentist's designated specialty area or areas if the dentist has announced a limitation
4.19of practice. The scope of practice must be defined by each national specialty board
4.20recognized by the
4.21(f) All specialty dentists who have fulfilled the specialty dentist requirements and
4.22who intend to limit their practice to a particular specialty area or areas may apply for
4.23
4.24 Sec. 5. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
4.25 Subd. 1d. Dental therapists. A person of good moral character who has graduated
4.26with a baccalaureate degree or a master's degree from a dental therapy education program
4.27that has been approved by the board or accredited by the
4.28 Commission on Dental Accreditation or another board-approved national accreditation
4.29organization may apply for licensure.
4.30The applicant must submit an application and fee as prescribed by the board and a
4.31diploma or certificate from a dental therapy education program. Prior to being licensed,
4.32the applicant must pass a comprehensive, competency-based clinical examination that is
4.33approved by the board and administered independently of an institution providing dental
4.34therapy education. The applicant must also pass an examination testing the applicant's
4.35knowledge of the Minnesota laws and rules relating to the practice of dentistry. An
5.1applicant who has failed the clinical examination twice is ineligible to retake the clinical
5.2examination until further education and training are obtained as specified by the board. A
5.3separate, nonrefundable fee may be charged for each time a person applies. An applicant
5.4who passes the examination in compliance with subdivision 2b, abides by professional
5.5ethical conduct requirements, and meets all the other requirements of the board shall
5.6be licensed as a dental therapist.
5.7 Sec. 6. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
5.8 Subd. 2. Dental hygienists. A person of good moral character, who has graduated
5.9from a dental hygiene program accredited by the Commission on Dental Accreditation
5.10
5.11recognized by the United States Department of Education to offer college-level programs,
5.12may apply for licensure. The dental hygiene program must provide a minimum of two
5.13academic years of dental hygiene education. The applicant must submit an application and
5.14fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being
5.15licensed, the applicant must pass the National Board of Dental Hygiene examination and a
5.16board approved examination designed to determine the applicant's clinical competency. In
5.17the case of examinations conducted pursuant to section
5.18shall take the examination before applying to the board for licensure. The applicant must
5.19also pass an examination testing the applicant's knowledge of the laws of Minnesota relating
5.20to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake
5.21the clinical examination required by the board after failing it twice until further education
5.22and training are obtained as specified by board rule. A separate, nonrefundable fee may
5.23be charged for each time a person applies. An applicant who passes the examination in
5.24compliance with subdivision 2b, abides by professional ethical conduct requirements, and
5.25meets all the other requirements of the board shall be licensed as a dental hygienist.
5.26 Sec. 7. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
5.27 Subd. 2a. Licensed dental assistant. A person of good moral character, who has
5.28graduated from a dental assisting program accredited by the Commission on Dental
5.29Accreditation
5.30must submit an application and fee as prescribed by the board and the diploma or
5.31certificate of dental assisting. In the case of examinations conducted pursuant to section
5.33for licensure. The examination shall include an examination of the applicant's knowledge
5.34of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is
6.1ineligible to retake the licensure examination required by the board after failing it twice
6.2until further education and training are obtained as specified by board rule. A separate,
6.3nonrefundable fee may be charged for each time a person applies. An applicant who
6.4passes the examination in compliance with subdivision 2b, abides by professional ethical
6.5conduct requirements, and meets all the other requirements of the board shall be licensed
6.6as a dental assistant.
6.7 Sec. 8. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
6.8 Subd. 2d. Continuing education and professional development waiver. (a) The
6.9board shall grant a waiver to the continuing education requirements under this chapter for
6.10a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental
6.11assistant who documents to the satisfaction of the board that the dentist, dental therapist,
6.12dental hygienist, or licensed dental assistant has retired from active practice in the state
6.13and limits the provision of dental care services to those offered without compensation
6.14in a public health, community, or tribal clinic or a nonprofit organization that provides
6.15services to the indigent or to recipients of medical assistance, general assistance medical
6.16care, or MinnesotaCare programs.
6.17(b) The board may require written documentation from the volunteer and retired
6.18dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting
6.19this waiver.
6.20(c) The board shall require the volunteer and retired dentist, dental therapist, dental
6.21hygienist, or licensed dental assistant to meet the following requirements:
6.22(1) a licensee seeking a waiver under this subdivision must complete and document
6.23at least five hours of approved courses in infection control, medical emergencies, and
6.24medical management for the continuing education cycle; and
6.25(2) provide documentation of current CPR certification from completion of the
6.26American Heart Association healthcare provider course
6.27professional rescuer course
6.28 Sec. 9. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
6.29 Subd. 3. Waiver of examination. (a) All or any part of the examination for
6.30dentists or dental hygienists, except that pertaining to the law of Minnesota relating to
6.31dentistry and the rules of the board, may, at the discretion of the board, be waived for an
6.32applicant who presents a certificate of having passed all components of the National Board
6.33Dental Examinations or evidence of having maintained an adequate scholastic standing
7.1as determined by the board, in dental school as to dentists, or dental hygiene school as
7.2to dental hygienists.
7.3(b) The board shall waive the clinical examination required for licensure for any
7.4dentist applicant who is a graduate of a dental school accredited by the Commission on
7.5Dental Accreditation
7.6of the National Board Dental Examinations, and who has satisfactorily completed a
7.7Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced
7.8education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral
7.9program must be accredited by the Commission on Dental Accreditation
7.10
7.11evaluation assessing the resident's competence to practice dentistry. The board may require
7.12the applicant to submit any information deemed necessary by the board to determine
7.13whether the waiver is applicable.
7.14
7.15
7.16 Sec. 10. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
7.17 Subd. 8. Licensure by credentials. (a) Any dental assistant may, upon application
7.18and payment of a fee established by the board, apply for licensure based on an evaluation
7.19of the applicant's education, experience, and performance record in lieu of completing a
7.20board-approved dental assisting program for expanded functions as defined in rule, and
7.21may be interviewed by the board to determine if the applicant:
7.22(1) has graduated from an accredited dental assisting program accredited by the
7.23Commission
7.24currently certified by the Dental Assisting National Board;
7.25(2) is not subject to any pending or final disciplinary action in another state or
7.26Canadian province, or if not currently certified or registered, previously had a certification
7.27or registration in another state or Canadian province in good standing that was not subject
7.28to any final or pending disciplinary action at the time of surrender;
7.29(3) is of good moral character and abides by professional ethical conduct
7.30requirements;
7.31(4) at board discretion, has passed a board-approved English proficiency test if
7.32English is not the applicant's primary language; and
7.33(5) has met all expanded functions curriculum equivalency requirements of a
7.34Minnesota board-approved dental assisting program.
8.1(b) The board, at its discretion, may waive specific licensure requirements in
8.2paragraph (a).
8.3(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
8.4minimum knowledge in dental subjects required for licensure under subdivision 2a must
8.5be licensed to practice the applicant's profession.
8.6(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
8.7required for licensure under subdivision 2a, the application must be denied. If licensure is
8.8denied, the board may notify the applicant of any specific remedy that the applicant could
8.9take which, when passed, would qualify the applicant for licensure. A denial does not
8.10prohibit the applicant from applying for licensure under subdivision 2a.
8.11(e) A candidate whose application has been denied may appeal the decision to the
8.12board according to subdivision 4a.
8.13 Sec. 11. Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read:
8.14 Subd. 3. Initial license or permit fees. Along with the application fee, each of the
8.15following applicants shall submit a separate
8.16
8.17
8.18exceed the following
8.19(1) dentist or full faculty dentist,
8.20
8.21(2) dental therapist,
8.22(3) dental hygienist,
8.23(4) licensed dental assistant,
8.24 $36; and
8.25(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500,
8.26subpart 3,
8.27 Sec. 12. Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read:
8.28 Subd. 8. Duplicate license or certificate fee. Each applicant shall submit, with
8.29a request for issuance of a duplicate of the original license, or of an annual or biennial
8.30renewal certificate for a license or permit, a fee in the following amounts:
8.31(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental
8.32assistant license, $35;
8.33(2) annual or biennial renewal certificates, $10
8.34(3) wallet-sized license and renewal certificate, $15.
9.1 Sec. 13. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to
9.2read:
9.3 Subd. 16. Failure of professional development portfolio audit. A licensee shall
9.4submit a fee as established by the board not to exceed the amount of
9.5failing two
9.6failed professional development portfolio audit under Minnesota Rules, part 3100.5300.
9.7 In addition to the fee, the board may initiate the complaint process to address multiple
9.8failed audits.
9.9 Sec. 14. Minnesota Statutes 2012, section 150A.10, is amended to read:
9.10150A.10 ALLIED DENTAL PERSONNEL.
9.11 Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist,
9.12public institution, or school authority may obtain services from a licensed dental hygienist.
9.13The licensed dental hygienist may provide those services defined in section
9.14subdivision 1a
9.15diagnosis or treatment plan for a dental patient. All services shall be provided under
9.16supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
9.17by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
9.18to be violating the provisions of sections
9.19service by a dental hygienist shall constitute a violation of sections
9.20 Subd. 1a. Limited authorization for dental hygienists. (a) Notwithstanding
9.21subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
9.22by a health care facility, program, or nonprofit organization to perform dental hygiene
9.23services described under paragraph (b) without the patient first being examined by a
9.24licensed dentist if the dental hygienist:
9.25(1) has been engaged in the active practice of clinical dental hygiene for not less than
9.262,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
9.27200 hours of clinical practice in two of the past three years;
9.28(2) has entered into a collaborative agreement with a licensed dentist that designates
9.29authorization for the services provided by the dental hygienist;
9.30(3) has documented participation in courses in infection control and medical
9.31emergencies within each continuing education cycle; and
9.32(4) maintains current CPR certification from completion of the American Heart
9.33Association healthcare provider course
9.34course
10.1(b) The dental hygiene services authorized to be performed by a dental hygienist
10.2under this subdivision are limited to:
10.3(1) oral health promotion and disease prevention education;
10.4(2) removal of deposits and stains from the surfaces of the teeth;
10.5(3) application of topical preventive or prophylactic agents, including fluoride
10.6varnishes and pit and fissure sealants;
10.7(4) polishing and smoothing restorations;
10.8(5) removal of marginal overhangs;
10.9(6) performance of preliminary charting;
10.10(7) taking of radiographs; and
10.11(8) performance of scaling and root planing.
10.12The dental hygienist may administer injections of local anesthetic agents or nitrous
10.13oxide inhalation analgesia as specifically delegated in the collaborative agreement with
10.14a licensed dentist. The dentist need not first examine the patient or be present. If the
10.15patient is considered medically compromised, the collaborative dentist shall review the
10.16patient record, including the medical history, prior to the provision of these services.
10.17Collaborating dental hygienists may work with unlicensed and licensed dental assistants
10.18who may only perform duties for which licensure is not required. The performance of
10.19dental hygiene services in a health care facility, program, or nonprofit organization as
10.20authorized under this subdivision is limited to patients, students, and residents of the
10.21facility, program, or organization.
10.22(c) A collaborating dentist must be licensed under this chapter and may enter into
10.23a collaborative agreement with no more than four dental hygienists unless otherwise
10.24authorized by the board. The board shall develop parameters and a process for obtaining
10.25authorization to collaborate with more than four dental hygienists. The collaborative
10.26agreement must include:
10.27(1) consideration for medically compromised patients and medical conditions for
10.28which a dental evaluation and treatment plan must occur prior to the provision of dental
10.29hygiene services;
10.30(2) age- and procedure-specific standard collaborative practice protocols, including
10.31recommended intervals for the performance of dental hygiene services and a period of
10.32time in which an examination by a dentist should occur;
10.33(3) copies of consent to treatment form provided to the patient by the dental hygienist;
10.34(4) specific protocols for the placement of pit and fissure sealants and requirements
10.35for follow-up care to assure the efficacy of the sealants after application; and
11.1(5) a procedure for creating and maintaining dental records for the patients that are
11.2treated by the dental hygienist. This procedure must specify where these records are
11.3to be located.
11.4The collaborative agreement must be signed and maintained by the dentist, the dental
11.5hygienist, and the facility, program, or organization; must be reviewed annually by the
11.6collaborating dentist and dental hygienist; and must be made available to the board
11.7upon request.
11.8(d) Before performing any services authorized under this subdivision, a dental
11.9hygienist must provide the patient with a consent to treatment form which must include a
11.10statement advising the patient that the dental hygiene services provided are not a substitute
11.11for a dental examination by a licensed dentist. If the dental hygienist makes any referrals
11.12to the patient for further dental procedures, the dental hygienist must fill out a referral form
11.13and provide a copy of the form to the collaborating dentist.
11.14(e) For the purposes of this subdivision, a "health care facility, program, or
11.15nonprofit organization" is limited to a hospital; nursing home; home health agency; group
11.16home serving the elderly, disabled, or juveniles; state-operated facility licensed by the
11.17commissioner of human services or the commissioner of corrections; and federal, state, or
11.18local public health facility, community clinic, tribal clinic, school authority, Head Start
11.19program, or nonprofit organization that serves individuals who are uninsured or who are
11.20Minnesota health care public program recipients.
11.21(f) For purposes of this subdivision, a "collaborative agreement" means a written
11.22agreement with a licensed dentist who authorizes and accepts responsibility for the
11.23services performed by the dental hygienist. The services authorized under this subdivision
11.24and the collaborative agreement may be performed without the presence of a licensed
11.25dentist and may be performed at a location other than the usual place of practice of the
11.26dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless
11.27specified in the collaborative agreement.
11.28 Subd. 2. Dental assistants. Every licensed dentist and dental therapist who uses the
11.29services of any unlicensed person for the purpose of assistance in the practice of dentistry
11.30or dental therapy shall be responsible for the acts of such unlicensed person while engaged
11.31in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to
11.32perform only those acts which are authorized to be delegated to unlicensed assistants
11.33by the Board of Dentistry. The acts shall be performed under supervision of a licensed
11.34dentist or dental therapist. A licensed dental therapist shall not supervise more than four
11.35
11.36may permit differing levels of dental assistance based upon recognized educational
12.1standards, approved by the board, for the training of dental assistants. The board may also
12.2define by rule the scope of practice of licensed and unlicensed dental assistants. The
12.3board by rule may require continuing education for differing levels of dental assistants,
12.4as a condition to their license or authority to perform their authorized duties. Any
12.5licensed dentist or dental therapist who permits an unlicensed assistant to perform any
12.6dental service other than that authorized by the board shall be deemed to be enabling an
12.7unlicensed person to practice dentistry, and commission of such an act by an unlicensed
12.8assistant shall constitute a violation of sections
12.9 Subd. 3. Dental technicians. Every licensed dentist and dental therapist who uses
12.10the services of any unlicensed person, other than under the dentist's or dental therapist's
12.11supervision and within the same practice setting, for the purpose of constructing, altering,
12.12repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic,
12.13prosthetic or other dental appliance, shall be required to furnish such unlicensed person
12.14with a written work order in such form as shall be prescribed by the rules of the board. The
12.15work order shall be made in duplicate form, a duplicate copy to be retained in a permanent
12.16file of the dentist or dental therapist at the practice setting for a period of two years, and
12.17the original to be retained in a permanent file for a period of two years by the unlicensed
12.18person in that person's place of business. The permanent file of work orders to be kept
12.19by the dentist, dental therapist, or unlicensed person shall be open to inspection at any
12.20reasonable time by the board or its duly constituted agent.
12.21 Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and
12.222, a licensed dental hygienist or licensed dental assistant may perform the following
12.23restorative procedures:
12.24(1) place, contour, and adjust amalgam restorations;
12.25(2) place, contour, and adjust glass ionomer;
12.26(3) adapt and cement stainless steel crowns;
12.27(4) place, contour, and adjust class I and class V supragingival composite restorations
12.28where the margins are entirely within the enamel
12.29(5) place, contour, and adjust class II and class V supragingival composite
12.30restorations on primary teeth.
12.31(b) The restorative procedures described in paragraph (a) may be performed only if:
12.32(1) the licensed dental hygienist or licensed dental assistant has completed a
12.33board-approved course on the specific procedures;
12.34(2) the board-approved course includes a component that sufficiently prepares the
12.35licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly
12.36placed restoration;
13.1(3) a licensed dentist or licensed advanced dental therapist has authorized the
13.2procedure to be performed; and
13.3(4) a licensed dentist or licensed advanced dental therapist is available in the clinic
13.4while the procedure is being performed.
13.5(c) The dental faculty who teaches the educators of the board-approved courses
13.6specified in paragraph (b) must have prior experience teaching these procedures in an
13.7accredited dental education program.
