1.1.................... moves to amend H.F. No. 535, the delete everything amendment
1.2(H0535DE1), as follows:
1.3Page 46, delete article 6
1.4Page 98, after line 29 insert:


1.7    Section 1. Minnesota Statutes 2008, section 150A.01, is amended by adding a
1.8subdivision to read:
1.9    Subd. 6b. Dental therapist. "Dental therapist" means a person licensed under this
1.10chapter to perform the services authorized under section 150A.105 or any other services
1.11authorized under this chapter.

1.12    Sec. 2. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
1.13to read:
1.14    Subd. 1b. Practice of dental therapy. A person shall be deemed to be practicing
1.15dental therapy within the meaning of sections 150A.01 to 150A.12 who:
1.16(1) works under the supervision of a Minnesota-licensed dentist as specified under
1.17section 150A.105;
1.18(2) practices in settings that serve low-income and underserved patients or are
1.19located in dental health professional shortage areas; and
1.20(3) provides oral health care services, including preventive, evaluative, and
1.21educational services as authorized under section 150A.105 and within the context of
1.22a collaborative management agreement.

1.23    Sec. 3. Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
1.24    Subd. 2. Exemptions and exceptions of certain practices and operations.
1.25Sections 150A.01 to 150A.12 do not apply to:
2.1(1) the practice of dentistry or dental hygiene in any branch of the armed services of
2.2the United States, the United States Public Health Service, or the United States Veterans
2.3Administration;
2.4(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate
2.5dental students, dental therapy students, dental hygiene students, and dental assisting
2.6students of the University of Minnesota, schools of dental hygiene, schools with a dental
2.7therapy education program, or schools of dental assisting approved by the board, when
2.8acting under the direction and supervision of a licensed dentist, a licensed dental therapist,
2.9or a licensed dental hygienist acting as an instructor;
2.10(3) the practice of dentistry by licensed dentists of other states or countries while
2.11appearing as clinicians under the auspices of a duly approved dental school or college, or a
2.12reputable dental society, or a reputable dental study club composed of dentists;
2.13(4) the actions of persons while they are taking examinations for licensure or
2.14registration administered or approved by the board pursuant to sections 150A.03,
2.15subdivision 1 , and 150A.06, subdivisions 1, 2, and 2a;
2.16(5) the practice of dentistry by dentists and dental hygienists licensed by other states
2.17during their functioning as examiners responsible for conducting licensure or registration
2.18examinations administered by regional and national testing agencies with whom the
2.19board is authorized to affiliate and participate under section 150A.03, subdivision 1,
2.20and the practice of dentistry by the regional and national testing agencies during their
2.21administering examinations pursuant to section 150A.03, subdivision 1;
2.22(6) the use of X-rays or other diagnostic imaging modalities for making radiographs
2.23or other similar records in a hospital under the supervision of a physician or dentist or
2.24by a person who is credentialed to use diagnostic imaging modalities or X-ray machines
2.25for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing
2.26agency other than the Board of Dentistry; or
2.27(7) the service, other than service performed directly upon the person of a patient, of
2.28constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
2.29splint, orthodontic, prosthetic, or other dental appliance, when performed according
2.30to a written work order from a licensed dentist in accordance with section 150A.10,
2.31subdivision 3 .

2.32    Sec. 4. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
2.33to read:
3.1    Subd. 1d. Dental therapists. A person of good moral character who has graduated
3.2from a dental therapy education program in a dental school or dental college accredited by
3.3the Commission on Dental Accreditation may apply for licensure.
3.4The applicant must submit an application and fee as prescribed by the board and a
3.5diploma or certificate from a dental therapy education program. Prior to being licensed,
3.6the applicant must pass a comprehensive, competency-based clinical examination that is
3.7approved by the board and administered independently of an institution providing dental
3.8therapy education. The applicant must also pass an examination testing the applicant's
3.9knowledge of the laws of Minnesota relating to the practice of dentistry and of the rules of
3.10the board. An applicant is ineligible to retake the clinical examination required by the
3.11board after failing it twice until further education and training are obtained as specified by
3.12board rule. A separate, nonrefundable fee may be charged for each time a person applies.
3.13An applicant who passes the examination in compliance with subdivision 2b, abides by
3.14professional ethical conduct requirements, and meets all the other requirements of the
3.15board shall be licensed as a dental therapist.

3.16    Sec. 5. Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
3.17    Subd. 2d. Continuing education and professional development waiver. (a) The
3.18board shall grant a waiver to the continuing education requirements under this chapter for
3.19a licensed dentist, licensed dental therapist, licensed dental hygienist, or registered dental
3.20assistant who documents to the satisfaction of the board that the dentist, dental therapist,
3.21dental hygienist, or registered dental assistant has retired from active practice in the state
3.22and limits the provision of dental care services to those offered without compensation
3.23in a public health, community, or tribal clinic or a nonprofit organization that provides
3.24services to the indigent or to recipients of medical assistance, general assistance medical
3.25care, or MinnesotaCare programs.
3.26(b) The board may require written documentation from the volunteer and retired
3.27dentist, dental therapist, dental hygienist, or registered dental assistant prior to granting
3.28this waiver.
3.29(c) The board shall require the volunteer and retired dentist, dental therapist, dental
3.30hygienist, or registered dental assistant to meet the following requirements:
3.31(1) a licensee or registrant seeking a waiver under this subdivision must complete
3.32and document at least five hours of approved courses in infection control, medical
3.33emergencies, and medical management for the continuing education cycle; and
4.1(2) provide documentation of certification in advanced or basic cardiac life support
4.2recognized by the American Heart Association, the American Red Cross, or an equivalent
4.3entity.

4.4    Sec. 6. Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
4.5    Subd. 5. Fraud in securing licenses or registrations. Every person implicated
4.6in employing fraud or deception in applying for or securing a license or registration
4.7to practice dentistry, dental hygiene, or dental assisting, or as a dental therapist, or in
4.8annually renewing a license or registration under sections 150A.01 to 150A.12 is guilty
4.9of a gross misdemeanor.

4.10    Sec. 7. Minnesota Statutes 2008, section 150A.06, subdivision 6, is amended to read:
4.11    Subd. 6. Display of name and certificates. The initial license and subsequent
4.12renewal, or current registration certificate, of every dentist, dental therapist, dental
4.13hygienist, or dental assistant shall be conspicuously displayed in every office in which that
4.14person practices, in plain sight of patients. Near or on the entrance door to every office
4.15where dentistry is practiced, the name of each dentist practicing there, as inscribed on the
4.16current license certificate, shall be displayed in plain sight.

4.17    Sec. 8. Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:
4.18    Subdivision 1. Grounds. The board may refuse or by order suspend or revoke, limit
4.19or modify by imposing conditions it deems necessary, any the license to practice dentistry
4.20or dental hygiene of a dentist, dental therapist, or dental hygienist or the registration of
4.21any dental assistant upon any of the following grounds:
4.22(1) fraud or deception in connection with the practice of dentistry or the securing of
4.23a license or registration certificate;
4.24(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
4.25contest plea, in any court of a felony or gross misdemeanor reasonably related to the
4.26practice of dentistry as evidenced by a certified copy of the conviction;
4.27(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a
4.28no contest plea, in any court of an offense involving moral turpitude as evidenced by a
4.29certified copy of the conviction;
4.30(4) habitual overindulgence in the use of intoxicating liquors;
4.31(5) improper or unauthorized prescription, dispensing, administering, or personal
4.32or other use of any legend drug as defined in chapter 151, of any chemical as defined in
4.33chapter 151, or of any controlled substance as defined in chapter 152;
5.1(6) conduct unbecoming a person licensed to practice dentistry or, dental therapy, or
5.2dental hygiene or registered as a dental assistant, or conduct contrary to the best interest of
5.3the public, as such conduct is defined by the rules of the board;
5.4(7) gross immorality;
5.5(8) any physical, mental, emotional, or other disability which adversely affects a
5.6dentist's, dental therapist's, dental hygienist's, or registered dental assistant's ability to
5.7perform the service for which the person is licensed or registered;
5.8(9) revocation or suspension of a license, registration, or equivalent authority to
5.9practice, or other disciplinary action or denial of a license or registration application taken
5.10by a licensing, registering, or credentialing authority of another state, territory, or country
5.11as evidenced by a certified copy of the licensing authority's order, if the disciplinary action
5.12or application denial was based on facts that would provide a basis for disciplinary action
5.13under this chapter and if the action was taken only after affording the credentialed person
5.14or applicant notice and opportunity to refute the allegations or pursuant to stipulation
5.15or other agreement;
5.16(10) failure to maintain adequate safety and sanitary conditions for a dental office in
5.17accordance with the standards established by the rules of the board;
5.18(11) employing, assisting, or enabling in any manner an unlicensed person to
5.19practice dentistry;
5.20(12) failure or refusal to attend, testify, and produce records as directed by the board
5.21under subdivision 7;
5.22(13) violation of, or failure to comply with, any other provisions of sections 150A.01
5.23to 150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the
5.24board, sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any
5.25other just cause related to the practice of dentistry. Suspension, revocation, modification
5.26or limitation of any license shall not be based upon any judgment as to therapeutic or
5.27monetary value of any individual drug prescribed or any individual treatment rendered,
5.28but only upon a repeated pattern of conduct;
5.29(14) knowingly providing false or misleading information that is directly related
5.30to the care of that patient unless done for an accepted therapeutic purpose such as the
5.31administration of a placebo; or
5.32(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as
5.33established by any of the following:
5.34(i) a copy of the record of criminal conviction or plea of guilty for a felony in
5.35violation of section 609.215, subdivision 1 or 2;
6.1(ii) a copy of the record of a judgment of contempt of court for violating an
6.2injunction issued under section 609.215, subdivision 4;
6.3(iii) a copy of the record of a judgment assessing damages under section 609.215,
6.4subdivision 5 ; or
6.5(iv) a finding by the board that the person violated section 609.215, subdivision
6.61 or 2. The board shall investigate any complaint of a violation of section 609.215,
6.7subdivision 1 or 2.

6.8    Sec. 9. Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
6.9    Subd. 3a. Costs; additional penalties. (a) The board may impose a civil penalty
6.10not exceeding $10,000 for each separate violation, the amount of the civil penalty to
6.11be fixed so as to deprive a licensee or registrant of any economic advantage gained by
6.12reason of the violation, to discourage similar violations by the licensee or registrant or any
6.13other licensee or registrant, or to reimburse the board for the cost of the investigation and
6.14proceeding, including, but not limited to, fees paid for services provided by the Office of
6.15Administrative Hearings, legal and investigative services provided by the Office of the
6.16Attorney General, court reporters, witnesses, reproduction of records, board members'
6.17per diem compensation, board staff time, and travel costs and expenses incurred by board
6.18staff and board members.
6.19(b) In addition to costs and penalties imposed under paragraph (a), the board may
6.20also:
6.21(1) order the dentist, dental therapist, dental hygienist, or dental assistant to provide
6.22unremunerated service;
6.23(2) censure or reprimand the dentist, dental therapist, dental hygienist, or dental
6.24assistant; or
6.25(3) any other action as allowed by law and justified by the facts of the case.

6.26    Sec. 10. Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
6.27    Subd. 5. Medical examinations. If the board has probable cause to believe that a
6.28dentist, dental therapist, dental hygienist, registered dental assistant, or applicant engages
6.29in acts described in subdivision 1, clause (4) or (5), or has a condition described in
6.30subdivision 1, clause (8), it shall direct the dentist, dental therapist, dental hygienist,
6.31assistant, or applicant to submit to a mental or physical examination or a chemical
6.32dependency assessment. For the purpose of this subdivision, every dentist, dental
6.33therapist, hygienist, or assistant licensed or registered under this chapter or person
6.34submitting an application for a license or registration is deemed to have given consent
6.35to submit to a mental or physical examination when directed in writing by the board and
7.1to have waived all objections in any proceeding under this section to the admissibility
7.2of the examining physician's testimony or examination reports on the ground that they
7.3constitute a privileged communication. Failure to submit to an examination without just
7.4cause may result in an application being denied or a default and final order being entered
7.5without the taking of testimony or presentation of evidence, other than evidence which
7.6may be submitted by affidavit, that the licensee, registrant, or applicant did not submit to
7.7the examination. A dentist, dental therapist, dental hygienist, registered dental assistant,
7.8or applicant affected under this section shall at reasonable intervals be afforded an
7.9opportunity to demonstrate ability to start or resume the competent practice of dentistry or
7.10perform the duties of a dental therapist, dental hygienist, or registered dental assistant with
7.11reasonable skill and safety to patients. In any proceeding under this subdivision, neither
7.12the record of proceedings nor the orders entered by the board is admissible, is subject to
7.13subpoena, or may be used against the dentist, dental therapist, dental hygienist, registered
7.14dental assistant, or applicant in any proceeding not commenced by the board. Information
7.15obtained under this subdivision shall be classified as private pursuant to the Minnesota
7.16Government Data Practices Act.

7.17    Sec. 11. Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
7.18    Subdivision 1. Registration information and procedure. On or before the license
7.19or registration certificate expiration date every licensed dentist, dental therapist, dental
7.20hygienist, and registered dental assistant shall transmit to the executive secretary of the
7.21board, pertinent information required by the board, together with the fee established by
7.22the board. At least 30 days before a license or registration certificate expiration date,
7.23the board shall send a written notice stating the amount and due date of the fee and the
7.24information to be provided to every licensed dentist, dental therapist, dental hygienist,
7.25and registered dental assistant.

7.26    Sec. 12. Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
7.27    Subd. 3. Current address, change of address. Every dentist, dental therapist,
7.28dental hygienist, and registered dental assistant shall maintain with the board a correct
7.29and current mailing address. For dentists engaged in the practice of dentistry, the address
7.30shall be that of the location of the primary dental practice. Within 30 days after changing
7.31addresses, every dentist, dental therapist, dental hygienist, and registered dental assistant
7.32shall provide the board written notice of the new address either personally or by first
7.33class mail.

7.34    Sec. 13. Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
8.1    Subd. 2. Application fees. Each applicant for licensure or registration shall submit
8.2with a license or registration application a nonrefundable fee in the following amounts in
8.3order to administratively process an application:
8.4(1) dentist, $140;
8.5(2) limited faculty dentist, $140;
8.6(3) resident dentist, $55;
8.7(4) dental therapist, $100;
8.8(5) dental hygienist, $55;
8.9(5) (6) registered dental assistant, $35; and
8.10(6) (7) dental assistant with a limited registration, $15.

8.11    Sec. 14. Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
8.12    Subd. 3. Initial license or registration fees. Along with the application fee, each of
8.13the following licensees or registrants shall submit a separate prorated initial license or
8.14registration fee. The prorated initial fee shall be established by the board based on the
8.15number of months of the licensee's or registrant's initial term as described in Minnesota
8.16Rules, part 3100.1700, subpart 1a, not to exceed the following monthly fee amounts:
8.17(1) dentist, $14 times the number of months of the initial term;
8.18(2) dental therapist, $10 times the number of months of initial term;
8.19(3) dental hygienist, $5 times the number of months of the initial term;
8.20(3) (4) registered dental assistant, $3 times the number of months of initial term; and
8.21(4) (5) dental assistant with a limited registration, $1 times the number of months
8.22of the initial term.

8.23    Sec. 15. Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
8.24    Subd. 5. Biennial license or registration fees. Each of the following licensees or
8.25registrants shall submit with a biennial license or registration renewal application a fee as
8.26established by the board, not to exceed the following amounts:
8.27(1) dentist, $336;
8.28(2) dental therapist, $180;
8.29(3) dental hygienist, $118;
8.30(3) (4) registered dental assistant, $80; and
8.31(4) (5) dental assistant with a limited registration, $24.

8.32    Sec. 16. Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
9.1    Subd. 8. Duplicate license or registration fee. Each licensee or registrant shall
9.2submit, with a request for issuance of a duplicate of the original license or registration, or
9.3of an annual or biennial renewal of it, a fee in the following amounts:
9.4(1) original dentist, dental therapist, or dental hygiene license, $35; and
9.5(2) initial and renewal registration certificates and license renewal certificates, $10.

9.6    Sec. 17. Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to
9.7read:
9.8    Subd. 10. Reinstatement fee. No dentist, dental therapist, dental hygienist, or
9.9registered dental assistant whose license or registration has been suspended or revoked
9.10may have the license or registration reinstated or a new license or registration issued until
9.11a fee has been submitted to the board in the following amounts:
9.12(1) dentist, $140;
9.13(2) dental therapist, $85;
9.14(3) dental hygienist, $55; and
9.15(3) (4) registered dental assistant, $35.

9.16    Sec. 18. Minnesota Statutes 2008, section 150A.10, subdivision 1, is amended to read:
9.17    Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist,
9.18public institution, or school authority may obtain services from a licensed dental hygienist.
9.19Such The licensed dental hygienist may provide those services defined in section 150A.05,
9.20subdivision 1a . Such The services provided shall not include the establishment of a final
9.21diagnosis or treatment plan for a dental patient. Such All services shall be provided
9.22under supervision of a licensed dentist. Any licensed dentist who shall permit any dental
9.23service by a dental hygienist other than those authorized by the Board of Dentistry, shall
9.24be deemed to be violating the provisions of sections 150A.01 to 150A.12, and any such
9.25unauthorized dental service by a dental hygienist shall constitute a violation of sections
9.26150A.01 to 150A.12.

9.27    Sec. 19. Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
9.28    Subd. 2. Dental assistants. Every licensed dentist or dental therapist who uses the
9.29services of any unlicensed person for the purpose of assistance in the practice of dentistry
9.30or dental therapy shall be responsible for the acts of such unlicensed person while engaged
9.31in such assistance. Such The dentist or dental therapist shall permit such the unlicensed
9.32assistant to perform only those acts which are authorized to be delegated to unlicensed
9.33assistants by the Board of Dentistry. Such The acts shall be performed under supervision
9.34of a licensed dentist or licensed dental therapist. A licensed dental therapist shall not
10.1supervise more than two registered dental assistants or unregistered dental assistants
10.2at any one practice setting. The board may permit differing levels of dental assistance
10.3based upon recognized educational standards, approved by the board, for the training of
10.4dental assistants. The board may also define by rule the scope of practice of registered
10.5and nonregistered dental assistants. The board by rule may require continuing education
10.6for differing levels of dental assistants, as a condition to their registration or authority to
10.7perform their authorized duties. Any licensed dentist or licensed dental therapist who shall
10.8permit such permits an unlicensed assistant to perform any dental service other than that
10.9authorized by the board shall be deemed to be enabling an unlicensed person to practice
10.10dentistry, and commission of such an act by such an unlicensed assistant shall constitute a
10.11violation of sections 150A.01 to 150A.12.

10.12    Sec. 20. Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:
10.13    Subd. 3. Dental technicians. Every licensed dentist or dental therapist who uses the
10.14services of any unlicensed person, other than under the dentist's supervision and within
10.15such dentist's own office, for the purpose of constructing, altering, repairing or duplicating
10.16any denture, partial denture, crown, bridge, splint, orthodontic, prosthetic or other dental
10.17appliance, shall be required to furnish such unlicensed person with a written work order
10.18in such a form as shall be prescribed by the rules of the board;. said The work order
10.19shall be made in duplicate form, a duplicate copy to shall be retained in a permanent file
10.20in the dentist's office for a period of two years, and the original to shall be retained in a
10.21permanent file for a period of two years by such the unlicensed person in that person's
10.22place of business. Such The permanent file of work orders required to be kept by such
10.23the dentist or by such the unlicensed person shall be open to inspection at any reasonable
10.24time by the board or its duly constituted agent.

10.25    Sec. 21. [150A.105] DENTAL THERAPIST.
10.26    Subdivision 1. General. A dental therapist licensed under this chapter shall practice
10.27under the supervision of a Minnesota-licensed dentist and under the requirements of
10.28this chapter.
10.29    Subd. 2. Limited practice settings. A dental therapist licensed under this chapter is
10.30limited to primarily practicing in settings that serve low-income and underserved patients
10.31or in a dental health professional shortage area.
10.32    Subd. 3. Collaborative management agreement. (a) Prior to performing any of
10.33the services authorized under this chapter, a dental therapist must enter into a written
11.1collaborative management agreement with a Minnesota-licensed dentist. The agreement
11.2must include:
11.3(1) practice settings where services may be provided and the populations to be
11.4served;
11.5(2) any limitations on the services that may be provided by the dental therapist,
11.6including the level of supervision required by the collaborating dentist;
11.7(3) age and procedure specific practice protocols, including case selection criteria,
11.8assessment guidelines, and imaging frequency;
11.9(4) a procedure for creating and maintaining dental records for the patients that
11.10are treated by the dental therapist;
11.11(5) a plan to manage medical emergencies in each practice setting where the dental
11.12therapist provides care;
11.13(6) a quality assurance plan for monitoring care provided by the dental therapist,
11.14including patient care review, referral follow-up, and a quality assurance chart review;
11.15(7) protocols for administering and dispensing medications authorized under
11.16subdivision 5, including the specific conditions and circumstance under which these
11.17medications are to be dispensed and administered;
11.18(8) criteria relating to the provision of care to patients with specific medical
11.19conditions or complex medication histories, including requirements for consultation prior
11.20to the initiation of care;
11.21(9) supervision criteria of registered and nonregistered dental assistants; and
11.22(10) a plan for the provision of clinical resources and referrals in situations which
11.23are beyond the capabilities of the dental therapist.
11.24(b) A collaborating dentist must be licensed and practicing in Minnesota. The
11.25collaborating dentist shall accept responsibility for all services authorized and performed
11.26by the dental therapist pursuant to the management agreement. Any licensed dentist who
11.27permits a dental therapist to perform a dental service other than those authorized under
11.28this section or by the board, or any dental therapist who performs an unauthorized service,
11.29shall be deemed to be in violation of the provisions in sections 150A.01 to 150A.12.
11.30(c) Collaborative management agreements must be signed and maintained by the
11.31collaborating dentist and the dental therapist. Agreements must be reviewed, updated, and
11.32submitted to the board on an annual basis.
11.33    Subd. 4. Scope of practice. (a) A licensed dental therapist may perform dental
11.34services as authorized under this section within the parameters of the collaborative
11.35management agreement.
12.1(b) The services authorized to be performed by a licensed dental therapist include
12.2preventive, evaluative, and educational oral health services, as specified in paragraphs (c),
12.3(d), and (e), and within the parameters of the collaborative management agreement.
12.4(c) A licensed dental therapist may perform the following preventive, evaluative,
12.5and assessment services under general supervision, unless restricted or prohibited in
12.6the collaborative management agreement:
12.7(1) oral health instruction and disease prevention education, including nutritional
12.8counseling and dietary analysis;
12.9(2) assessment services, including an evaluation and assessment to identify oral
12.10disease and conditions;
12.11(3) preliminary charting of the oral cavity;
12.12(4) making radiographs;
12.13(5) mechanical polishing;
12.14(6) application of topical preventive or prophylactic agents, including fluoride
12.15varnishes and pit and fissure sealants;
12.16(7) pulp vitality testing; and
12.17(8) application of desensitizing medication or resin.
12.18(d) A licensed dental therapist may perform the following services under indirect
12.19supervision:
12.20(1) fabrication of athletic mouthguards;
12.21(2) emergency palliative treatment of dental pain;
12.22(3) space maintainer removal;
12.23(4) restorative services:
12.24(i) cavity preparation class I-IV;
12.25(ii) restoration of primary and permanent teeth class I-IV;
12.26(iii) placement of temporary crowns;
12.27(iv) placement of temporary restorations;
12.28(v) preparation and placement of preformed crowns; and
12.29(vi) pulpotomies on primary teeth;
12.30(5) indirect and direct pulp capping on primary and permanent teeth;
12.31(6) fabrication of soft-occlusal guards;
12.32(7) soft-tissue reline and conditioning;
12.33(8) atraumatic restorative technique;
12.34(9) surgical services:
12.35(i) extractions of primary teeth;
12.36(ii) suture removal; and
13.1(iii) dressing change;
13.2(10) tooth reimplantation and stabilization;
13.3(11) administration of local anesthetic; and
13.4(12) administration of nitrous oxide.
13.5(e) A licensed dental therapist may perform the following services under direct
13.6supervision:
13.7(1) placement of space maintainers; and
13.8(2) recementing of permanent crowns.
13.9(f) For purposes of this section, "general supervision," "indirect supervision,"
13.10and "direct supervision" have the meanings given in Minnesota Rules, part 3100.0100,
13.11subpart 21.
13.12    Subd. 5. Dispensing authority. (a) A licensed dental therapist may dispense and
13.13administer the following drugs within the parameters of the collaborative management
13.14agreement and within the scope of practice of the dental therapist: analgesics,
13.15anti-inflammatories, and antibiotics.
13.16(b) The authority to dispense and administer shall extend only to the categories
13.17of drugs identified in this subdivision, and may be further limited by the collaborative
13.18management agreement.
13.19(c) The authority to dispense includes the authority to dispense sample drugs within
13.20the categories identified in this subdivision if dispensing is permitted by the collaborative
13.21management agreement.
13.22(d) A licensed dental therapist is prohibited from dispensing or administering a
13.23narcotic drug as defined in section 152.01, subdivision 10.
13.24    Subd. 6. Application of other laws. A licensed dental therapist authorized to
13.25practice under this chapter is not in violation of section 150A.05 as it relates to the
13.26unauthorized practice of dentistry if the practice is authorized under this chapter and is
13.27within the parameters of the collaborative management agreement.
13.28    Subd. 7. Use of dental assistants. (a) A licensed dental therapist may supervise
13.29registered and unregistered dental assistants to the extent permitted in the collaborative
13.30management agreement and according to section 150A.10, subdivision 2.
13.31(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to
13.32supervising no more than two registered dental assistants or nonregistered dental assistants
13.33at any one practice setting.
13.34    Subd. 8. Definitions. (a) For the purposes of this section, the following definitions
13.35apply.
13.36(b) "Practice settings that serve the low-income and underserved" mean:
14.1(1) critical access dental provider settings as designated by the commissioner of
14.2human services under section 256B.76, subdivision 4, paragraph (c);
14.3(2) dental hygiene collaborative practice settings identified in section 150A.10,
14.4subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities,
14.5federally qualified health centers, and organizations eligible to receive a community clinic
14.6grant under section 145.9268, subdivision 1;
14.7(3) military and veterans administration hospitals, clinics, and care settings;
14.8(4) a patient's residence or home when the patient is home-bound or receiving or
14.9eligible to receive home care services or home and community-based waivered services,
14.10regardless of the patient's income;
14.11(5) oral health educational institutions; or
14.12(6) any other clinic or practice setting, including mobile dental units, in which at least
14.1350 percent of the total patient base of the clinic or practice setting consists of patients who:
14.14(i) are enrolled in a Minnesota health care program;
14.15(ii) have a medical disability or chronic condition that creates a significant barrier to
14.16receiving dental care; or
14.17(iii) do not have dental health coverage, either through a public health care program
14.18or private insurance, and have an annual gross family income equal to or less than 200
14.19percent of the federal poverty guidelines.
14.20(c) "Dental health professional shortage area" means an area that meets the criteria
14.21established by the secretary of the United States Department of Health and Human
14.22Services and is designated as such under United States Code, title 42, section 254e.

14.23    Sec. 22. Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:
14.24    Subd. 4. Dividing fees. It shall be unlawful for any dentist to divide fees with or
14.25promise to pay a part of the dentist's fee to, or to pay a commission to, any dentist or
14.26other person who calls the dentist in consultation or who sends patients to the dentist for
14.27treatment, or operation, but nothing herein shall prevent licensed dentists from forming
14.28a bona fide partnership for the practice of dentistry, nor to the actual employment by
14.29a licensed dentist of a licensed dental therapist, a licensed dental hygienist or another
14.30licensed dentist.

14.31    Sec. 23. Minnesota Statutes 2008, section 150A.12, is amended to read:
14.32150A.12 VIOLATION AND DEFENSES.
14.33Every person who violates any of the provisions of sections 150A.01 to 150A.12
14.34for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor;
14.35and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in
15.1the county jail for not more than one year or by both such fine and imprisonment. In
15.2the prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not
15.3be necessary to allege or prove lack of a valid license to practice dentistry or, dental
15.4therapy, or dental hygiene but such matter shall be a matter of defense to be established by
15.5the defendant.

15.6    Sec. 24. Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:
15.7    Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
15.8doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
15.9licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes
15.10of sections 151.15, subdivision 4, 151.37, subdivision 2, paragraphs (b), (e), and (f),
15.11and 151.461, "practitioner" also means a physician assistant authorized to prescribe,
15.12dispense, and administer under chapter 147A, or an advanced practice nurse authorized
15.13to prescribe, dispense, and administer under section 148.235. For purposes of sections
15.14151.15, subdivision 4; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner"
15.15also means a dental therapist authorized to dispense and administer under chapter 150A.

15.16    Sec. 25. IMPACT OF DENTAL THERAPISTS.
15.17(a) The Board of Dentistry shall evaluate the impact of the use of dental therapists
15.18on the delivery of and access to dental services. The board shall report to the chairs and
15.19ranking minority members of the legislative committees with jurisdiction over health
15.20care by January 15, 2014:
15.21(1) the number of dental therapists annually licensed by the board beginning in 2011;
15.22(2) the settings where licensed dental therapists are practicing and the populations
15.23being served;
15.24(3) the number of complaints filed against dental therapists and the basis for each
15.25complaint; and
15.26(4) the number of disciplinary actions taken against dental therapists.
15.27(b) The board, in consultation with the Department of Human Services, shall also
15.28include the number and type of dental services that were performed by a dental therapist
15.29and reimbursed by the state under the Minnesota state health care programs for the 2013
15.30fiscal year.
15.31(c) The Board of Dentistry, in consultation with the Department of Health, shall
15.32develop an evaluation process that focuses on assessing the impact of dental therapists in
15.33terms of patient safety, cost effectiveness, and access to dental services. The process shall
15.34focus on the following outcome measures:
15.35(1) number of new patients served;
16.1(2) reduction in waiting times for needed services;
16.2(3) decreased travel time for patients;
16.3(4) impact on emergency room usage for dental care; and
16.4(5) costs to the public health care system.

16.5    Sec. 26. REPEALER.
16.6Minnesota Statutes 2008, section 150A.061, is repealed.


16.9    Section 1. Minnesota Statutes 2008, section 150A.01, is amended by adding a
16.10subdivision to read:
16.11    Subd. 6b. Oral health practitioner. "Oral health practitioner" means a person
16.12licensed under this chapter to perform the services authorized under section 150A.105 or
16.13any other services authorized under this chapter.

16.14    Sec. 2. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
16.15to read:
16.16    Subd. 1b. Practice of oral health practitioners. A person shall be deemed to be
16.17practicing as an oral health practitioner within the meaning of this chapter who:
16.18(1) works under the supervision of a Minnesota-licensed dentist under a collaborative
16.19management agreement as specified under section 150A.105;
16.20(2) practices in settings that serve low-income, uninsured, and underserved patients
16.21or are located in dental health professional shortage areas; and
16.22(3) provides oral health care services, including preventive, primary diagnostic,
16.23educational, palliative, therapeutic, and restorative services as authorized under section
16.24150A.105 and within the context of a collaborative management agreement.

16.25    Sec. 3. Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
16.26    Subd. 2. Exemptions and exceptions of certain practices and operations.
16.27Sections 150A.01 to 150A.12 do not apply to:
16.28(1) the practice of dentistry or dental hygiene in any branch of the armed services of
16.29the United States, the United States Public Health Service, or the United States Veterans
16.30Administration;
16.31(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate
16.32dental students, oral health practitioner students, dental hygiene students, and dental
16.33assisting students of the University of Minnesota, schools of dental hygiene, schools
17.1with an oral health practitioner education program accredited under section 150A.06, or
17.2schools of dental assisting approved by the board, when acting under the direction and
17.3supervision of a licensed dentist, a licensed oral health practitioner, or a licensed dental
17.4hygienist acting as an instructor;
17.5(3) the practice of dentistry by licensed dentists of other states or countries while
17.6appearing as clinicians under the auspices of a duly approved dental school or college, or a
17.7reputable dental society, or a reputable dental study club composed of dentists;
17.8(4) the actions of persons while they are taking examinations for licensure or
17.9registration administered or approved by the board pursuant to sections 150A.03,
17.10subdivision 1 , and 150A.06, subdivisions 1, 2, and 2a;
17.11(5) the practice of dentistry by dentists and dental hygienists licensed by other states
17.12during their functioning as examiners responsible for conducting licensure or registration
17.13examinations administered by regional and national testing agencies with whom the
17.14board is authorized to affiliate and participate under section 150A.03, subdivision 1,
17.15and the practice of dentistry by the regional and national testing agencies during their
17.16administering examinations pursuant to section 150A.03, subdivision 1;
17.17(6) the use of X-rays or other diagnostic imaging modalities for making radiographs
17.18or other similar records in a hospital under the supervision of a physician or dentist or
17.19by a person who is credentialed to use diagnostic imaging modalities or X-ray machines
17.20for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing
17.21agency other than the Board of Dentistry; or
17.22(7) the service, other than service performed directly upon the person of a patient, of
17.23constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
17.24splint, orthodontic, prosthetic, or other dental appliance, when performed according to
17.25a written work order from a licensed dentist or a licensed oral health practitioner in
17.26accordance with section 150A.10, subdivision 3.

17.27    Sec. 4. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
17.28to read:
17.29    Subd. 1d. Oral health practitioners. A person, of good moral character who has
17.30graduated from an oral health practitioner education program that has been approved
17.31by the board or accredited by the Commission on Dental Accreditation or another
17.32board-approved national accreditation organization, may apply for licensure.
17.33The applicant must submit an application and fee as prescribed by the board and
17.34a diploma or certificate from an oral health practitioner education program. Prior to
17.35being licensed, the applicant must pass a comprehensive, competency-based clinical
18.1examination that is approved by the board and administered independently of an institution
18.2providing oral health practitioner education. The applicant must also pass an examination
18.3testing the applicant's knowledge of the Minnesota laws and rules relating to the practice
18.4of dentistry. An applicant who has failed the clinical examination twice is ineligible
18.5to retake the clinical examination until further education and training are obtained as
18.6specified in rules adopted by the board. A separate, nonrefundable fee may be charged for
18.7each time a person applies. An applicant who passes the examination in compliance with
18.8subdivision 2b, abides by professional ethical conduct requirements, and meets all the
18.9other requirements of the board shall be licensed as an oral health practitioner.

18.10    Sec. 5. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
18.11to read:
18.12    Subd. 1e. Resident dental providers. A person who is a graduate of an
18.13undergraduate program and is an enrolled graduate student of an advanced dental
18.14education program shall obtain from the board a license to practice as a resident dental
18.15hygienist or oral health practitioner. The license must be designated "resident dental
18.16provider license" and authorizes the licensee to practice only under the supervision of a
18.17licensed dentist or licensed oral health practitioner. A resident dental provider license
18.18must be renewed annually according to rules adopted by the board. An applicant for a
18.19resident dental provider license shall pay a nonrefundable fee set by the board for issuing
18.20and renewing the license. The requirements of sections 150A.01 to 150A.21 apply to
18.21resident dental providers except as specified in rules adopted by the board. A resident
18.22dental provider license does not qualify a person for licensure under subdivision 1d or 2.

18.23    Sec. 6. Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
18.24    Subd. 2d. Continuing education and professional development waiver. (a)
18.25The board shall grant a waiver to the continuing education requirements under this
18.26chapter for a licensed dentist, licensed oral health practitioner, licensed dental hygienist,
18.27or registered dental assistant who documents to the satisfaction of the board that the
18.28dentist, oral health practitioner, dental hygienist, or registered dental assistant has retired
18.29from active practice in the state and limits the provision of dental care services to those
18.30offered without compensation in a public health, community, or tribal clinic or a nonprofit
18.31organization that provides services to the indigent or to recipients of medical assistance,
18.32general assistance medical care, or MinnesotaCare programs.
18.33(b) The board may require written documentation from the volunteer and retired
18.34dentist, oral health practitioner, dental hygienist, or registered dental assistant prior
18.35to granting this waiver.
19.1(c) The board shall require the volunteer and retired dentist, oral health practitioner,
19.2dental hygienist, or registered dental assistant to meet the following requirements:
19.3(1) a licensee or registrant seeking a waiver under this subdivision must complete
19.4and document at least five hours of approved courses in infection control, medical
19.5emergencies, and medical management for the continuing education cycle; and
19.6(2) provide documentation of certification in advanced or basic cardiac life support
19.7recognized by the American Heart Association, the American Red Cross, or an equivalent
19.8entity.

19.9    Sec. 7. Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
19.10    Subd. 5. Fraud in securing licenses or registrations. Every person implicated
19.11in employing fraud or deception in applying for or securing a license or registration to
19.12practice dentistry, dental hygiene, or dental assisting, or as an oral health practitioner or in
19.13annually renewing a license or registration under sections 150A.01 to 150A.12 is guilty
19.14of a gross misdemeanor.

19.15    Sec. 8. Minnesota Statutes 2008, section 150A.06, subdivision 6, is amended to read:
19.16    Subd. 6. Display of name and certificates. The initial license and subsequent
19.17renewal, or current registration certificate, of every dentist, oral health practitioner, dental
19.18hygienist, or dental assistant shall be conspicuously displayed in every office in which that
19.19person practices, in plain sight of patients. Near or on the entrance door to every office
19.20where dentistry is practiced, the name of each dentist practicing there, as inscribed on the
19.21current license certificate, shall be displayed in plain sight.

19.22    Sec. 9. Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:
19.23    Subdivision 1. Grounds. The board may refuse or by order suspend or revoke,
19.24limit or modify by imposing conditions it deems necessary, any the license to practice
19.25dentistry or dental hygiene of a dentist, oral health practitioner, or dental hygienist, or the
19.26registration of any dental assistant upon any of the following grounds:
19.27(1) fraud or deception in connection with the practice of dentistry or the securing of
19.28a license or registration certificate;
19.29(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
19.30contest plea, in any court of a felony or gross misdemeanor reasonably related to the
19.31practice of dentistry as evidenced by a certified copy of the conviction;
19.32(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a
19.33no contest plea, in any court of an offense involving moral turpitude as evidenced by a
19.34certified copy of the conviction;
20.1(4) habitual overindulgence in the use of intoxicating liquors;
20.2(5) improper or unauthorized prescription, dispensing, administering, or personal
20.3or other use of any legend drug as defined in chapter 151, of any chemical as defined in
20.4chapter 151, or of any controlled substance as defined in chapter 152;
20.5(6) conduct unbecoming a person licensed to practice dentistry or dental hygiene
20.6or as an oral health practitioner or registered as a dental assistant, or conduct contrary to
20.7the best interest of the public, as such conduct is defined by the rules of the board;
20.8(7) gross immorality;
20.9(8) any physical, mental, emotional, or other disability which adversely affects a
20.10dentist's, oral health practitioner's, dental hygienist's, or registered dental assistant's ability
20.11to perform the service for which the person is licensed or registered;
20.12(9) revocation or suspension of a license, registration, or equivalent authority to
20.13practice, or other disciplinary action or denial of a license or registration application taken
20.14by a licensing, registering, or credentialing authority of another state, territory, or country
20.15as evidenced by a certified copy of the licensing authority's order, if the disciplinary action
20.16or application denial was based on facts that would provide a basis for disciplinary action
20.17under this chapter and if the action was taken only after affording the credentialed person
20.18or applicant notice and opportunity to refute the allegations or pursuant to stipulation
20.19or other agreement;
20.20(10) failure to maintain adequate safety and sanitary conditions for a dental office in
20.21accordance with the standards established by the rules of the board;
20.22(11) employing, assisting, or enabling in any manner an unlicensed person to
20.23practice dentistry;
20.24(12) failure or refusal to attend, testify, and produce records as directed by the board
20.25under subdivision 7;
20.26(13) violation of, or failure to comply with, any other provisions of sections 150A.01
20.27to 150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the
20.28board, sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any
20.29other just cause related to the practice of dentistry. Suspension, revocation, modification
20.30or limitation of any license shall not be based upon any judgment as to therapeutic or
20.31monetary value of any individual drug prescribed or any individual treatment rendered,
20.32but only upon a repeated pattern of conduct;
20.33(14) knowingly providing false or misleading information that is directly related
20.34to the care of that patient unless done for an accepted therapeutic purpose such as the
20.35administration of a placebo; or
21.1(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as
21.2established by any of the following:
21.3(i) a copy of the record of criminal conviction or plea of guilty for a felony in
21.4violation of section 609.215, subdivision 1 or 2;
21.5(ii) a copy of the record of a judgment of contempt of court for violating an
21.6injunction issued under section 609.215, subdivision 4;
21.7(iii) a copy of the record of a judgment assessing damages under section 609.215,
21.8subdivision 5 ; or
21.9(iv) a finding by the board that the person violated section 609.215, subdivision
21.101 or 2. The board shall investigate any complaint of a violation of section 609.215,
21.11subdivision 1 or 2.

21.12    Sec. 10. Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
21.13    Subd. 3a. Costs; additional penalties. (a) The board may impose a civil penalty
21.14not exceeding $10,000 for each separate violation, the amount of the civil penalty to
21.15be fixed so as to deprive a licensee or registrant of any economic advantage gained by
21.16reason of the violation, to discourage similar violations by the licensee or registrant or any
21.17other licensee or registrant, or to reimburse the board for the cost of the investigation and
21.18proceeding, including, but not limited to, fees paid for services provided by the Office of
21.19Administrative Hearings, legal and investigative services provided by the Office of the
21.20Attorney General, court reporters, witnesses, reproduction of records, board members'
21.21per diem compensation, board staff time, and travel costs and expenses incurred by board
21.22staff and board members.
21.23(b) In addition to costs and penalties imposed under paragraph (a), the board may
21.24also:
21.25(1) order the dentist, oral health practitioner, dental hygienist, or dental assistant to
21.26provide unremunerated service;
21.27(2) censure or reprimand the dentist, oral health practitioner, dental hygienist, or
21.28dental assistant; or
21.29(3) any other action as allowed by law and justified by the facts of the case.

21.30    Sec. 11. Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
21.31    Subd. 5. Medical examinations. If the board has probable cause to believe
21.32that a dentist, oral health practitioner, dental hygienist, registered dental assistant, or
21.33applicant engages in acts described in subdivision 1, clause (4) or (5), or has a condition
21.34described in subdivision 1, clause (8), it shall direct the dentist, oral health practitioner,
21.35dental hygienist, assistant, or applicant to submit to a mental or physical examination or
22.1a chemical dependency assessment. For the purpose of this subdivision, every dentist,
22.2oral health practitioner, hygienist, or assistant licensed or registered under this chapter
22.3or person submitting an application for a license or registration is deemed to have given
22.4consent to submit to a mental or physical examination when directed in writing by the
22.5board and to have waived all objections in any proceeding under this section to the
22.6admissibility of the examining physician's testimony or examination reports on the ground
22.7that they constitute a privileged communication. Failure to submit to an examination
22.8without just cause may result in an application being denied or a default and final order
22.9being entered without the taking of testimony or presentation of evidence, other than
22.10evidence which may be submitted by affidavit, that the licensee, registrant, or applicant
22.11did not submit to the examination. A dentist, oral health practitioner, dental hygienist,
22.12registered dental assistant, or applicant affected under this section shall at reasonable
22.13intervals be afforded an opportunity to demonstrate ability to start or resume the competent
22.14practice of dentistry or perform the duties of a an oral health practitioner, dental hygienist,
22.15or registered dental assistant with reasonable skill and safety to patients. In any proceeding
22.16under this subdivision, neither the record of proceedings nor the orders entered by the
22.17board is admissible, is subject to subpoena, or may be used against the dentist, oral health
22.18practitioner, dental hygienist, registered dental assistant, or applicant in any proceeding
22.19not commenced by the board. Information obtained under this subdivision shall be
22.20classified as private pursuant to the Minnesota Government Data Practices Act.

22.21    Sec. 12. Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
22.22    Subdivision 1. Registration information and procedure. On or before the license
22.23or registration certificate expiration date every licensed dentist, oral health practitioner,
22.24dental hygienist, and registered dental assistant shall transmit to the executive secretary of
22.25the board, pertinent information required by the board, together with the fee established
22.26by the board. At least 30 days before a license or registration certificate expiration date,
22.27the board shall send a written notice stating the amount and due date of the fee and the
22.28information to be provided to every licensed dentist, oral health practitioner, dental
22.29hygienist, and registered dental assistant.

22.30    Sec. 13. Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
22.31    Subd. 3. Current address, change of address. Every dentist, oral health
22.32practitioner, dental hygienist, and registered dental assistant shall maintain with the board
22.33a correct and current mailing address. For dentists engaged in the practice of dentistry,
22.34the address shall be that of the location of the primary dental practice. Within 30 days
22.35after changing addresses, every dentist, oral health practitioner, dental hygienist, and
23.1registered dental assistant shall provide the board written notice of the new address either
23.2personally or by first class mail.

23.3    Sec. 14. Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
23.4    Subd. 2. Application fees. Each applicant for licensure or registration shall submit
23.5with a license or registration application a nonrefundable fee in the following amounts in
23.6order to administratively process an application:
23.7(1) dentist, $140;
23.8(2) limited faculty dentist, $140;
23.9(3) resident dentist, $55;
23.10(4) oral health practitioner, $100;
23.11(5) dental hygienist, $55;
23.12(5) (6) registered dental assistant, $35; and
23.13(6) (7) dental assistant with a limited registration, $15.

23.14    Sec. 15. Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
23.15    Subd. 3. Initial license or registration fees. Along with the application fee, each of
23.16the following licensees or registrants shall submit a separate prorated initial license or
23.17registration fee. The prorated initial fee shall be established by the board based on the
23.18number of months of the licensee's or registrant's initial term as described in Minnesota
23.19Rules, part 3100.1700, subpart 1a, not to exceed the following monthly fee amounts:
23.20(1) dentist, $14 times the number of months of the initial term;
23.21(2) oral health practitioner, $10 times the number of months of initial term;
23.22(3) dental hygienist, $5 times the number of months of the initial term;
23.23(3) (4) registered dental assistant, $3 times the number of months of initial term; and
23.24(4) (5) dental assistant with a limited registration, $1 times the number of months
23.25of the initial term.

23.26    Sec. 16. Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
23.27    Subd. 5. Biennial license or registration fees. Each of the following licensees or
23.28registrants shall submit with a biennial license or registration renewal application a fee as
23.29established by the board, not to exceed the following amounts:
23.30(1) dentist, $336;
23.31(2) oral health practitioner, $240;
23.32(3) dental hygienist, $118;
23.33(3) (4) registered dental assistant, $80; and
23.34(4) (5) dental assistant with a limited registration, $24.

24.1    Sec. 17. Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
24.2    Subd. 8. Duplicate license or registration fee. Each licensee or registrant shall
24.3submit, with a request for issuance of a duplicate of the original license or registration, or
24.4of an annual or biennial renewal of it, a fee in the following amounts:
24.5(1) original dentist, oral health practitioner,` or dental hygiene license, $35; and
24.6(2) initial and renewal registration certificates and license renewal certificates, $10.

24.7    Sec. 18. Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to
24.8read:
24.9    Subd. 10. Reinstatement fee. No dentist, oral health practitioner, dental hygienist,
24.10or registered dental assistant whose license or registration has been suspended or revoked
24.11may have the license or registration reinstated or a new license or registration issued until
24.12a fee has been submitted to the board in the following amounts:
24.13(1) dentist, $140;
24.14(2) oral health practitioner, $100;
24.15(3) dental hygienist, $55; and
24.16(3) (4) registered dental assistant, $35.

24.17    Sec. 19. Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
24.18    Subd. 2. Dental assistants. Every licensed dentist or oral health practitioner who
24.19uses the services of any unlicensed person for the purpose of assistance in the practice of
24.20dentistry or within the practice of an oral health practitioner shall be responsible for the
24.21acts of such unlicensed person while engaged in such assistance. Such The dentist or oral
24.22health practitioner shall permit such the unlicensed assistant to perform only those acts
24.23which are authorized to be delegated to unlicensed assistants by the Board of Dentistry.
24.24Such The acts shall be performed under supervision of a licensed dentist or licensed oral
24.25health practitioner. A licensed oral health practitioner shall not supervise more than four
24.26registered dental assistants at any one practice setting. The board may permit differing
24.27levels of dental assistance based upon recognized educational standards, approved by
24.28the board, for the training of dental assistants. The board may also define by rule the
24.29scope of practice of registered and nonregistered dental assistants. The board by rule
24.30may require continuing education for differing levels of dental assistants, as a condition
24.31to their registration or authority to perform their authorized duties. Any licensed dentist
24.32or licensed oral health practitioner who shall permit such permits an unlicensed assistant
24.33to perform any dental service other than that authorized by the board shall be deemed to
24.34be enabling an unlicensed person to practice dentistry, and commission of such an act by
24.35such an unlicensed assistant shall constitute a violation of sections 150A.01 to 150A.12.

25.1    Sec. 20. Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:
25.2    Subd. 3. Dental technicians. Every licensed dentist and oral health practitioner
25.3who uses the services of any unlicensed person, other than under the dentist's or oral
25.4health practitioner's supervision and within such dentist's own office the same practice
25.5setting, for the purpose of constructing, altering, repairing or duplicating any denture,
25.6partial denture, crown, bridge, splint, orthodontic, prosthetic or other dental appliance,
25.7shall be required to furnish such unlicensed person with a written work order in such form
25.8as shall be prescribed by the rules of the board; said. The work order shall be made in
25.9duplicate form, a duplicate copy to be retained in a permanent file in of the dentist's office
25.10dentist or oral health practitioner at the practice setting for a period of two years, and the
25.11original to be retained in a permanent file for a period of two years by such the unlicensed
25.12person in that person's place of business. Such The permanent file of work orders to be
25.13kept by such the dentist, oral health practitioner, or by such the unlicensed person shall be
25.14open to inspection at any reasonable time by the board or its duly constituted agent.

25.15    Sec. 21. Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:
25.16    Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 2,
25.17a licensed dental hygienist or a registered dental assistant may perform the following
25.18restorative procedures:
25.19(1) place, contour, and adjust amalgam restorations;
25.20(2) place, contour, and adjust glass ionomer;
25.21(3) adapt and cement stainless steel crowns; and
25.22(4) place, contour, and adjust class I and class V supragingival composite restorations
25.23where the margins are entirely within the enamel.
25.24(b) The restorative procedures described in paragraph (a) may be performed only if:
25.25(1) the licensed dental hygienist or the registered dental assistant has completed a
25.26board-approved course on the specific procedures;
25.27(2) the board-approved course includes a component that sufficiently prepares the
25.28dental hygienist or registered dental assistant to adjust the occlusion on the newly placed
25.29restoration;
25.30(3) a licensed dentist or licensed oral health practitioner has authorized the procedure
25.31to be performed; and
25.32(4) a licensed dentist or licensed oral health practitioner is available in the clinic
25.33while the procedure is being performed.
26.1(c) The dental faculty who teaches the educators of the board-approved courses
26.2specified in paragraph (b) must have prior experience teaching these procedures in an
26.3accredited dental education program.

26.4    Sec. 22. [150A.105] ORAL HEALTH PRACTITIONER.
26.5    Subdivision 1. General. An oral health practitioner licensed under this chapter
26.6may practice under the supervision of a Minnesota-licensed dentist pursuant to a written
26.7collaborative management agreement and the requirements of this chapter.
26.8    Subd. 2. Limited practice settings. An oral health practitioner licensed under this
26.9chapter is limited to primarily practicing in settings that serve low-income, uninsured, and
26.10underserved patients or are located in a dental health professional shortage area.
26.11    Subd. 3. Collaborative management agreement. (a) Prior to performing any of
26.12the services authorized under this chapter, an oral health practitioner must enter into
26.13a written collaborative management agreement with a Minnesota-licensed dentist. The
26.14agreement must include:
26.15(1) practice settings where services may be provided and the populations to be
26.16served;
26.17(2) any limitations on the services that may be provided by the oral health
26.18practitioner, including the level of supervision required by the collaborating dentist and
26.19consultation criteria;
26.20(3) age and procedure specific practice protocols, including case selection criteria,
26.21examination guidelines, and imaging frequency;
26.22(4) a procedure for creating and maintaining dental records for the patients that
26.23are treated by the oral health practitioner;
26.24(5) a plan to manage medical emergencies in each practice setting where the oral
26.25health practitioner provides care;
26.26(6) a quality assurance plan for monitoring care provided by the oral health
26.27practitioner, including patient care review, referral follow-up, and a quality assurance
26.28chart review;
26.29(7) protocols for prescribing, administering, and dispensing medications authorized
26.30under subdivision 5, including the specific conditions and circumstances under which
26.31these medications are to be prescribed, dispensed, and administered;
26.32(8) criteria relating to the provision of care to patients with specific medical
26.33conditions or complex medication histories, including any requirements for consultation
26.34prior to the initiation of care;
26.35(9) criteria for the supervision of allied dental personnel;
27.1(10) a plan for the provision of clinical referrals in situations that are beyond the
27.2diagnostic or treatment capabilities of the oral health practitioner; and
27.3(11) a description of any financial arrangement, if applicable, between the oral
27.4health practitioner and collaborating dentist.
27.5(b) A collaborating dentist must be licensed and practicing in Minnesota. The
27.6collaborating dentist shall accept responsibility for all services authorized and performed
27.7by the oral health practitioner under the collaborative management agreement. Any
27.8licensed dentist who permits an oral health practitioner to perform a dental service other
27.9than those authorized under this section or by the board or any oral health practitioner who
27.10performs unauthorized services shall be in violation sections 150A.01 to 150A.12.
27.11(c) Both the collaborating dentist and the oral health practitioner must maintain
27.12professional liability coverage. Proof of professional liability coverage shall be submitted
27.13to the board as part of the collaborative management agreement.
27.14(d) Collaborative management agreements must be signed and maintained by the
27.15collaborating dentist and the oral health practitioner. Agreements must be reviewed,
27.16updated, and submitted to the board on an annual basis.
27.17(e) A collaborating dentist shall accept any patient referred by the oral health
27.18practitioner or have a referral process for patients that are referred by the oral health
27.19practitioner.
27.20(f) A collaborating dentist must conduct periodic oversight reviews of each oral
27.21health practitioner in which the dentist has entered into a collaborative management
27.22agreement.
27.23    Subd. 4. Scope of practice. (a) A licensed oral health practitioner may perform
27.24dental services as authorized under this section within the parameters of the collaborative
27.25management agreement.
27.26(b) The services a licensed oral health practitioner may perform include preventive,
27.27primary diagnostic, educational, palliative, therapeutic, and restorative oral health services
27.28as specified in paragraphs (c) and (d), and within the parameters of the collaborative
27.29management agreement.
27.30(c) A licensed oral health practitioner may perform the following services under
27.31general supervision, unless restricted or prohibited in the collaborative management
27.32agreement:
27.33(1) preventive, palliative, diagnostic, and assessment services:
27.34(i) oral health instruction and disease prevention education, including nutritional
27.35counseling and dietary analysis;
28.1(ii) diagnostic services, including an examination, evaluation, and assessment to
28.2identify oral disease and conditions;
28.3(iii) formulation of a diagnosis and individualized treatment plan, including
28.4preliminary charting of the oral cavity;
28.5(iv) taking of radiographs;
28.6(v) prophylaxis;
28.7(vi) fabrication of athletic mouthguards;
28.8(vii) application of topical preventive or prophylactic agents, including fluoride
28.9varnishes and pit and fissure sealants;
28.10(viii) full-mouth debridement;
28.11(ix) emergency palliative treatment of dental pain;
28.12(x) pulp vitality testing;
28.13(xi) application of desensitizing medication or resin; and
28.14(xii) space maintainer removal;
28.15(2) restorative services:
28.16(i) cavity preparation class I-IV;
28.17(ii) restoration of primary and permanent teeth class I-IV;
28.18(iii) placement of temporary crowns;
28.19(iv) placement of temporary restorations;
28.20(v) preparation and placement of preformed crowns;
28.21(vi) pulpotomies on primary teeth;
28.22(vii) indirect and direct pulp capping on primary and permanent teeth;
28.23(viii) repair of defective prosthetic appliances;
28.24(ix) recementing of permanent crowns;
28.25(x) administering nitrous oxide inhalation analgesia;
28.26(xi) administering injections of local anesthetic agents;
28.27(xii) periodontal maintenance;
28.28(xiii) scaling and root planing;
28.29(xiv) soft-tissue reline and conditioning;
28.30(xv) atraumatic restorative technique; and
28.31(xvi) opening permanent teeth for pulpal debridement and opening chamber; and
28.32(3) surgical services:
28.33(i) extractions of primary and permanent teeth;
28.34(ii) suture placement and removal;
28.35(iii) dressing change;
28.36(iv) brush biopsies;
29.1(v) tooth reimplantation and stabilization; and
29.2(vi) abscess incision and drainage.
29.3(d) A licensed oral health practitioner may perform the following services under
29.4the indirect supervision, unless restricted or prohibited in the collaborative management
29.5agreement:
29.6(1) placement of space maintainers; and
29.7(2) fabrication of soft-occlusal guards.
29.8(e) For purposes of this section, "general supervision" and "indirect supervision"
29.9have the meanings given in Minnesota Rules, part 3100.0100, subpart 21.
29.10    Subd. 5. Prescribing authority. (a) A licensed oral health practitioner may
29.11prescribe, dispense, and administer the following drugs within the parameters of the
29.12collaborative management agreement and within the scope of practice of the oral health
29.13practitioner: analgesics, anti-inflammatories, and antibiotics.
29.14(b) The authority to prescribe, dispense, and administer shall extend only to the
29.15categories of drugs identified in this subdivision, and may be further limited by the
29.16collaborative management agreement.
29.17(c) The authority to dispense includes the authority to dispense sample drugs within
29.18the categories identified in this subdivision if dispensing is permitted by the collaborative
29.19management agreement.
29.20(d) Notwithstanding paragraph (a), a licensed oral health practitioner is prohibited
29.21from dispensing, prescribing, or administering a narcotic drug as defined in section
29.22152.01, subdivision 10.
29.23    Subd. 6. Application of other laws. A licensed oral health practitioner authorized
29.24to practice under this chapter is not in violation of section 150A.05 as it relates to the
29.25unauthorized practice of dentistry if the practice is authorized under this chapter and is
29.26within the parameters of the collaborative management agreement.
29.27    Subd. 7. Use of dental allied personnel. (a) A licensed oral health practitioner
29.28may supervise registered and unregistered dental assistants to the extent permitted in the
29.29collaborative management agreement and according to section 150A.10.
29.30(b) Notwithstanding paragraph (a), a licensed oral health practitioner is limited to
29.31supervising no more than four registered dental assistants at any one practice setting.
29.32    Subd. 8. Definitions. (a) For the purposes of this section, the following definitions
29.33apply.
29.34(b) "Practice settings that serve the low-income, uninsured, and underserved" mean:
29.35(1) critical access dental provider settings as designated by the commissioner of
29.36human services under section 256B.76, paragraph (c);
30.1(2) dental hygiene collaborative practice settings identified in section 150A.10,
30.2subdivision 1a, paragraph (e), medical facilities, assisted living facilities, local and state
30.3correctional facilities, federally qualified health centers, and organizations eligible to
30.4receive a community clinic grant under section 145.9268, subdivision 1;
30.5(3) military and veterans administration hospitals, clinics, and care settings;
30.6(4) a patient's residence or home when the patient is homebound or receiving or
30.7eligible to receive home care services or home and community-based waivered services,
30.8regardless of the patient's income;
30.9(5) oral health educational institutions; or
30.10(6) any other clinic or practice setting, including mobile dental units, in which at
30.11least 50 percent of the oral health practitioner's total patient base in that clinic or practice
30.12setting are patients who:
30.13(i) are enrolled in a Minnesota health care program;
30.14(ii) have a medical disability or chronic condition that creates a significant barrier
30.15to receiving dental care;
30.16(iii) reside in geographically isolated or medically underserved areas; or
30.17(iv) do not have dental health coverage either through a Minnesota health care
30.18program or private insurance.
30.19(c) "Dental health professional shortage area" means an area that meets the criteria
30.20established by the secretary of the United States Department of Health and Human
30.21Services and is designated as such under United States Code, title 42, section 254e.

30.22    Sec. 23. Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:
30.23    Subd. 4. Dividing fees. It shall be unlawful for any dentist to divide fees with or
30.24promise to pay a part of the dentist's fee to, or to pay a commission to, any dentist or
30.25other person who calls the dentist in consultation or who sends patients to the dentist for
30.26treatment, or operation, but nothing herein shall prevent licensed dentists from forming
30.27a bona fide partnership for the practice of dentistry, nor to the actual employment by
30.28a licensed dentist of, a licensed oral health practitioner, a licensed dental hygienist or
30.29another licensed dentist.

30.30    Sec. 24. Minnesota Statutes 2008, section 150A.12, is amended to read:
30.31150A.12 VIOLATION AND DEFENSES.
30.32Every person who violates any of the provisions of sections 150A.01 to 150A.12
30.33for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor;
30.34and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in
30.35the county jail for not more than one year or by both such fine and imprisonment. In
31.1the prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not
31.2be necessary to allege or prove lack of a valid license to practice dentistry or, dental
31.3hygiene, or as an oral health practitioner but such matter shall be a matter of defense to
31.4be established by the defendant.

31.5    Sec. 25. Minnesota Statutes 2008, section 150A.21, subdivision 1, is amended to read:
31.6    Subdivision 1. Patient's name and Social Security number. Every complete
31.7upper and lower denture and removable dental prosthesis fabricated by a dentist licensed
31.8under section 150A.06, or fabricated pursuant to the dentist's or oral health practitioner's
31.9work order, shall be marked with the name and Social Security number of the patient for
31.10whom the prosthesis is intended. The markings shall be done during fabrication and shall
31.11be permanent, legible and cosmetically acceptable. The exact location of the markings
31.12and the methods used to apply or implant them shall be determined by the dentist, oral
31.13health practitioner, or dental laboratory fabricating the prosthesis. If in the professional
31.14judgment of the dentist, oral health practitioner, or dental laboratory, this identification is
31.15not practicable, identification shall be provided as follows:
31.16(a) The Social Security number of the patient may be omitted if the name of the
31.17patient is shown;
31.18(b) The initials of the patient may be shown alone, if use of the name of the patient is
31.19impracticable;
31.20(c) The identification marks may be omitted in their entirety if none of the forms of
31.21identification specified in clauses (a) and (b) are practicable or clinically safe.

31.22    Sec. 26. Minnesota Statutes 2008, section 150A.21, subdivision 4, is amended to read:
31.23    Subd. 4. Failure to comply. Failure of any dentist or oral health practitioner to
31.24comply with this section shall be deemed to be a violation for which the dentist or oral
31.25health practitioner may be subject to proceedings pursuant to section 150A.08, provided
31.26the dentist or oral health practitioner is charged with the violation within two years of
31.27initial insertion of the dental prosthetic device.

31.28    Sec. 27. Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:
31.29    Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
31.30doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
31.31licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes
31.32of sections 151.15, subdivision 4, 151.37, subdivision 2, paragraphs (b), (e), and (f), and
31.33151.461 , "practitioner" also means a physician assistant authorized to prescribe, dispense,
31.34and administer under chapter 147A, or an advanced practice nurse authorized to prescribe,
32.1dispense, and administer under section 148.235, or a licensed oral health practitioner
32.2authorized to prescribe, dispense, and administer under chapter 150A.

32.3    Sec. 28. Minnesota Statutes 2008, section 151.37, subdivision 2, is amended to read:
32.4    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of
32.5professional practice only, may prescribe, administer, and dispense a legend drug,
32.6and may cause the same to be administered by a nurse, a physician assistant, an oral
32.7health practitioner, or medical student or resident under the practitioner's direction and
32.8supervision, and may cause a person who is an appropriately certified, registered, or
32.9licensed health care professional to prescribe, dispense, and administer the same within
32.10the expressed legal scope of the person's practice as defined in Minnesota Statutes. A
32.11licensed practitioner may prescribe a legend drug, without reference to a specific patient,
32.12by directing a nurse, pursuant to section 148.235, subdivisions 8 and 9, an oral health
32.13practitioner under chapter 150A, a physician assistant, or a medical student or resident to
32.14adhere to a particular practice guideline or protocol when treating patients whose condition
32.15falls within such guideline or protocol, and when such guideline or protocol specifies the
32.16circumstances under which the legend drug is to be prescribed and administered. An
32.17individual who verbally, electronically, or otherwise transmits a written, oral, or electronic
32.18order, as an agent of a prescriber, shall not be deemed to have prescribed the legend drug.
32.19This paragraph applies to a physician assistant only if the physician assistant meets the
32.20requirements of section 147A.18.
32.21    (b) A licensed practitioner that dispenses for profit a legend drug that is to be
32.22administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
32.23file with the practitioner's licensing board a statement indicating that the practitioner
32.24dispenses legend drugs for profit, the general circumstances under which the practitioner
32.25dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
32.26dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
32.27with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
32.28any amount received by the practitioner in excess of the acquisition cost of a legend drug
32.29for legend drugs that are purchased in prepackaged form, or (2) any amount received
32.30by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
32.31making the drug available if the legend drug requires compounding, packaging, or other
32.32treatment. The statement filed under this paragraph is public data under section 13.03.
32.33This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
32.34pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
32.35dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
33.1To dispense for profit does not include dispensing by a community health clinic when the
33.2profit from dispensing is used to meet operating expenses.
33.3    (c) A prescription or drug order for the following drugs is not valid, unless it can be
33.4established that the prescription or order was based on a documented patient evaluation,
33.5including an examination, adequate to establish a diagnosis and identify underlying
33.6conditions and contraindications to treatment:
33.7    (1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
33.8    (2) drugs defined by the Board of Pharmacy as controlled substances under section
33.9152.02, subdivisions 7 , 8, and 12;
33.10    (3) muscle relaxants;
33.11    (4) centrally acting analgesics with opioid activity;
33.12    (5) drugs containing butalbital; or
33.13    (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
33.14    (d) For the purposes of paragraph (c), the requirement for an examination shall be
33.15met if an in-person examination has been completed in any of the following circumstances:
33.16    (1) the prescribing practitioner examines the patient at the time the prescription
33.17or drug order is issued;
33.18    (2) the prescribing practitioner has performed a prior examination of the patient;
33.19    (3) another prescribing practitioner practicing within the same group or clinic as the
33.20prescribing practitioner has examined the patient;
33.21    (4) a consulting practitioner to whom the prescribing practitioner has referred the
33.22patient has examined the patient; or
33.23    (5) the referring practitioner has performed an examination in the case of a
33.24consultant practitioner issuing a prescription or drug order when providing services by
33.25means of telemedicine.
33.26    (e) Nothing in paragraph (c) or (d) prohibits a licensed practitioner from prescribing
33.27a drug through the use of a guideline or protocol pursuant to paragraph (a).
33.28    (f) Nothing in this chapter prohibits a licensed practitioner from issuing a
33.29prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
33.30in the Management of Sexually Transmitted Diseases guidance document issued by the
33.31United States Centers for Disease Control.
33.32    (g) Nothing in paragraph (c) or (d) limits prescription, administration, or dispensing
33.33of legend drugs through a public health clinic or other distribution mechanism approved
33.34by the commissioner of health or a board of health in order to prevent, mitigate, or treat
33.35a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
33.36biological, chemical, or radiological agent.
34.1    (h) No pharmacist employed by, under contract to, or working for a pharmacy
34.2licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
34.3prescription that the pharmacist knows, or would reasonably be expected to know, is not
34.4valid under paragraph (c).
34.5    (i) No pharmacist employed by, under contract to, or working for a pharmacy
34.6licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
34.7of this state based on a prescription that the pharmacist knows, or would reasonably be
34.8expected to know, is not valid under paragraph (c).

34.9    Sec. 29. IMPACT OF ORAL HEALTH PRACTITIONERS.
34.10(a) The Board of Dentistry shall evaluate the impact of the use of oral health
34.11practitioners on the delivery of and access to dental services. The board shall report to the
34.12chairs and ranking minority members of the legislative committees with jurisdiction over
34.13health care by January 15, 2014:
34.14(1) the number of oral health practitioners annually licensed by the board beginning
34.15in 2011;
34.16(2) the settings where licensed oral health practitioners are practicing and the
34.17populations being served;
34.18(3) the number of complaints filed against oral health practitioners and the basis
34.19for each complaint; and
34.20(4) the number of disciplinary actions taken against oral health practitioners.
34.21(b) The board, in consultation with the Department of Human Services, shall also
34.22include the number and type of dental services that were performed by oral health
34.23practitioners and reimbursed by the state under the Minnesota state health care programs
34.24for the 2013 fiscal year.
34.25(c) The Board of Dentistry, in consultation with the Department of Health, shall
34.26develop an evaluation process that focuses on assessing the impact of oral health
34.27practitioners in terms of patient safety, cost effectiveness, and access to dental services.
34.28The process shall focus on the following outcome measures:
34.29(1) number of new patients served;
34.30(2) reduction in waiting times for needed services;
34.31(3) decreased travel time for patients;
34.32(4) impact on emergency room usage for dental care; and
34.33(5) costs to the public health care system.

34.34    Sec. 30. REPEALER.
34.35Minnesota Statutes 2008, section 150A.061, is repealed."
35.1Renumber the sections in sequence and correct the internal references
35.2Amend the title accordingly