1.1 A bill for an act
1.2 relating to health; adding dentistry mailing list services fee; making corrections
1.3 to dentistry licensing requirements; amending Minnesota Statutes 2022, sections
1.4 150A.08, subdivisions 1, 5; 150A.091, by adding a subdivision; 150A.13,
1.5 subdivision 10.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2022, section 150A.08, subdivision 1, is amended to read:
1.8 Subdivision 1.Grounds.The board may refuse or by order suspend or revoke, limit or
1.9modify by imposing conditions it deems necessary, the license of a dentist, dental therapist,
1.10dental hygienist, or dental assisting assistant upon any of the following grounds:
1.11 (1) fraud or deception in connection with the practice of dentistry or the securing of a
1.12license certificate;
1.13 (2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
1.14contest plea, in any court of a felony or gross misdemeanor reasonably related to the practice
1.15of dentistry as evidenced by a certified copy of the conviction;
1.16 (3) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
1.17contest plea, in any court of an offense involving moral turpitude as evidenced by a certified
1.18copy of the conviction;
1.19 (4) habitual overindulgence in the use of intoxicating liquors;
1.20 (5) improper or unauthorized prescription, dispensing, administering, or personal or
1.21other use of any legend drug as defined in chapter 151, of any chemical as defined in chapter
1.22151, or of any controlled substance as defined in chapter 152;
1Section 1.
REVISOR AGW/CH 23-0067312/14/22
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 279
NINETY-THIRD SESSION
Authored by Her01/11/2023
The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1 (6) conduct unbecoming a person licensed to practice dentistry, dental therapy, dental
2.2hygiene, or dental assisting, or conduct contrary to the best interest of the public, as such
2.3conduct is defined by the rules of the board;
2.4 (7) gross immorality;
2.5 (8) any physical, mental, emotional, or other disability which adversely affects a dentist's,
2.6dental therapist's, dental hygienist's, or dental assistant's ability to perform the service for
2.7which the person is licensed;
2.8 (9) revocation or suspension of a license or equivalent authority to practice, or other
2.9disciplinary action or denial of a license application taken by a licensing or credentialing
2.10authority of another state, territory, or country as evidenced by a certified copy of the
2.11licensing authority's order, if the disciplinary action or application denial was based on facts
2.12that would provide a basis for disciplinary action under this chapter and if the action was
2.13taken only after affording the credentialed person or applicant notice and opportunity to
2.14refute the allegations or pursuant to stipulation or other agreement;
2.15 (10) failure to maintain adequate safety and sanitary conditions for a dental office in
2.16accordance with the standards established by the rules of the board;
2.17 (11) employing, assisting, or enabling in any manner an unlicensed person to practice
2.18dentistry;
2.19 (12) failure or refusal to attend, testify, and produce records as directed by the board
2.20under subdivision 7;
2.21 (13) violation of, or failure to comply with, any other provisions of sections 150A.01 to
2.22150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the board,
2.23sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any other just
2.24cause related to the practice of dentistry. Suspension, revocation, modification or limitation
2.25of any license shall not be based upon any judgment as to therapeutic or monetary value of
2.26any individual drug prescribed or any individual treatment rendered, but only upon a repeated
2.27pattern of conduct;
2.28 (14) knowingly providing false or misleading information that is directly related to the
2.29care of that patient unless done for an accepted therapeutic purpose such as the administration
2.30of a placebo; or
2.31 (15) aiding suicide or aiding attempted suicide in violation of section 609.215 as
2.32established by any of the following:
2Section 1.
REVISOR AGW/CH 23-0067312/14/22 3.1 (i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
3.2of section 609.215, subdivision 1 or 2;
3.3 (ii) a copy of the record of a judgment of contempt of court for violating an injunction
3.4issued under section 609.215, subdivision 4;
3.5 (iii) a copy of the record of a judgment assessing damages under section 609.215,
3.6subdivision 5; or
3.7 (iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.
3.8The board shall investigate any complaint of a violation of section 609.215, subdivision 1
3.9or 2.
3.10 Sec. 2. Minnesota Statutes 2022, section 150A.08, subdivision 5, is amended to read:
3.11 Subd. 5.Medical examinations.If the board has probable cause to believe that a dentist,
3.12dental therapist, dental hygienist, dental assistant, or applicant engages in acts described in
3.13subdivision 1, clause (4) or (5), or has a condition described in subdivision 1, clause (8), it
3.14shall direct the dentist, dental therapist, dental hygienist, dental assistant, or applicant to
3.15submit to a mental or physical examination or a substance use disorder assessment. For the
3.16purpose of this subdivision, every dentist, dental therapist, dental hygienist, or dental assistant
3.17licensed under this chapter or person submitting an application for a license is deemed to
3.18have given consent to submit to a mental or physical examination when directed in writing
3.19by the board and to have waived all objections in any proceeding under this section to the
3.20admissibility of the examining physician's testimony or examination reports on the ground
3.21that they constitute a privileged communication. Failure to submit to an examination without
3.22just cause may result in an application being denied or a default and final order being entered
3.23without the taking of testimony or presentation of evidence, other than evidence which may
3.24be submitted by affidavit, that the licensee or applicant did not submit to the examination.
3.25A dentist, dental therapist, dental hygienist, dental assistant, or applicant affected under this
3.26section shall at reasonable intervals be afforded an opportunity to demonstrate ability to
3.27start or resume the competent practice of dentistry or perform the duties of a dental therapist,
3.28dental hygienist, or dental assistant with reasonable skill and safety to patients. In any
3.29proceeding under this subdivision, neither the record of proceedings nor the orders entered
3.30by the board is admissible, is subject to subpoena, or may be used against the dentist, dental
3.31therapist, dental hygienist, dental assistant, or applicant in any proceeding not commenced
3.32by the board. Information obtained under this subdivision shall be classified as private
3.33pursuant to the Minnesota Government Data Practices Act.
3Sec. 2.
REVISOR AGW/CH 23-0067312/14/22 4.1 Sec. 3. Minnesota Statutes 2022, section 150A.091, is amended by adding a subdivision
4.2to read:
4.3 Subd. 23.Mailing list services.Each licensee must submit a nonrefundable $5 fee to
4.4request a mailing address list.
4.5 Sec. 4. Minnesota Statutes 2022, section 150A.13, subdivision 10, is amended to read:
4.6 Subd. 10.Failure to report.On or after August 1, 2012, Any person, institution, insurer,
4.7or organization that fails to report as required under subdivisions 2 to 6 shall be subject to
4.8civil penalties for failing to report as required by law.
4Sec. 4.
REVISOR AGW/CH 23-0067312/14/22