Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF988 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to health; adding dentistry mailing list services fee; making corrections
3	3	1.3 to dentistry licensing requirements; amending Minnesota Statutes 2022, sections
4	4	1.4 150A.08, subdivisions 1, 5; 150A.091, by adding a subdivision; 150A.13,
5	5	1.5 subdivision 10.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. Minnesota Statutes 2022, section 150A.08, subdivision 1, is amended to read:
8	8	1.8 Subdivision 1.Grounds.The board may refuse or by order suspend or revoke, limit or
9	9	1.9modify by imposing conditions it deems necessary, the license of a dentist, dental therapist,
10	10	1.10dental hygienist, or dental assisting assistant upon any of the following grounds:
11	11	1.11 (1) fraud or deception in connection with the practice of dentistry or the securing of a
12	12	1.12license certificate;
13	13	1.13 (2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
14	14	1.14contest plea, in any court of a felony or gross misdemeanor reasonably related to the practice
15	15	1.15of dentistry as evidenced by a certified copy of the conviction;
16	16	1.16 (3) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
17	17	1.17contest plea, in any court of an offense involving moral turpitude as evidenced by a certified
18	18	1.18copy of the conviction;
19	19	1.19 (4) habitual overindulgence in the use of intoxicating liquors;
20	20	1.20 (5) improper or unauthorized prescription, dispensing, administering, or personal or
21	21	1.21other use of any legend drug as defined in chapter 151, of any chemical as defined in chapter
22	22	1.22151, or of any controlled substance as defined in chapter 152;
23	23	1Section 1.
24	24	23-00673 as introduced12/14/22 REVISOR AGW/CH
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 988NINETY-THIRD SESSION
28	28	(SENATE AUTHORS: BOLDON and Mohamed)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading02/01/2023
31	31	Referred to Health and Human Services 2.1 (6) conduct unbecoming a person licensed to practice dentistry, dental therapy, dental
32	32	2.2hygiene, or dental assisting, or conduct contrary to the best interest of the public, as such
33	33	2.3conduct is defined by the rules of the board;
34	34	2.4 (7) gross immorality;
35	35	2.5 (8) any physical, mental, emotional, or other disability which adversely affects a dentist's,
36	36	2.6dental therapist's, dental hygienist's, or dental assistant's ability to perform the service for
37	37	2.7which the person is licensed;
38	38	2.8 (9) revocation or suspension of a license or equivalent authority to practice, or other
39	39	2.9disciplinary action or denial of a license application taken by a licensing or credentialing
40	40	2.10authority of another state, territory, or country as evidenced by a certified copy of the
41	41	2.11licensing authority's order, if the disciplinary action or application denial was based on facts
42	42	2.12that would provide a basis for disciplinary action under this chapter and if the action was
43	43	2.13taken only after affording the credentialed person or applicant notice and opportunity to
44	44	2.14refute the allegations or pursuant to stipulation or other agreement;
45	45	2.15 (10) failure to maintain adequate safety and sanitary conditions for a dental office in
46	46	2.16accordance with the standards established by the rules of the board;
47	47	2.17 (11) employing, assisting, or enabling in any manner an unlicensed person to practice
48	48	2.18dentistry;
49	49	2.19 (12) failure or refusal to attend, testify, and produce records as directed by the board
50	50	2.20under subdivision 7;
51	51	2.21 (13) violation of, or failure to comply with, any other provisions of sections 150A.01 to
52	52	2.22150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the board,
53	53	2.23sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any other just
54	54	2.24cause related to the practice of dentistry. Suspension, revocation, modification or limitation
55	55	2.25of any license shall not be based upon any judgment as to therapeutic or monetary value of
56	56	2.26any individual drug prescribed or any individual treatment rendered, but only upon a repeated
57	57	2.27pattern of conduct;
58	58	2.28 (14) knowingly providing false or misleading information that is directly related to the
59	59	2.29care of that patient unless done for an accepted therapeutic purpose such as the administration
60	60	2.30of a placebo; or
61	61	2.31 (15) aiding suicide or aiding attempted suicide in violation of section 609.215 as
62	62	2.32established by any of the following:
63	63	2Section 1.
64	64	23-00673 as introduced12/14/22 REVISOR AGW/CH 3.1 (i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
65	65	3.2of section 609.215, subdivision 1 or 2;
66	66	3.3 (ii) a copy of the record of a judgment of contempt of court for violating an injunction
67	67	3.4issued under section 609.215, subdivision 4;
68	68	3.5 (iii) a copy of the record of a judgment assessing damages under section 609.215,
69	69	3.6subdivision 5; or
70	70	3.7 (iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.
71	71	3.8The board shall investigate any complaint of a violation of section 609.215, subdivision 1
72	72	3.9or 2.
73	73	3.10 Sec. 2. Minnesota Statutes 2022, section 150A.08, subdivision 5, is amended to read:
74	74	3.11 Subd. 5.Medical examinations.If the board has probable cause to believe that a dentist,
75	75	3.12dental therapist, dental hygienist, dental assistant, or applicant engages in acts described in
76	76	3.13subdivision 1, clause (4) or (5), or has a condition described in subdivision 1, clause (8), it
77	77	3.14shall direct the dentist, dental therapist, dental hygienist, dental assistant, or applicant to
78	78	3.15submit to a mental or physical examination or a substance use disorder assessment. For the
79	79	3.16purpose of this subdivision, every dentist, dental therapist, dental hygienist, or dental assistant
80	80	3.17licensed under this chapter or person submitting an application for a license is deemed to
81	81	3.18have given consent to submit to a mental or physical examination when directed in writing
82	82	3.19by the board and to have waived all objections in any proceeding under this section to the
83	83	3.20admissibility of the examining physician's testimony or examination reports on the ground
84	84	3.21that they constitute a privileged communication. Failure to submit to an examination without
85	85	3.22just cause may result in an application being denied or a default and final order being entered
86	86	3.23without the taking of testimony or presentation of evidence, other than evidence which may
87	87	3.24be submitted by affidavit, that the licensee or applicant did not submit to the examination.
88	88	3.25A dentist, dental therapist, dental hygienist, dental assistant, or applicant affected under this
89	89	3.26section shall at reasonable intervals be afforded an opportunity to demonstrate ability to
90	90	3.27start or resume the competent practice of dentistry or perform the duties of a dental therapist,
91	91	3.28dental hygienist, or dental assistant with reasonable skill and safety to patients. In any
92	92	3.29proceeding under this subdivision, neither the record of proceedings nor the orders entered
93	93	3.30by the board is admissible, is subject to subpoena, or may be used against the dentist, dental
94	94	3.31therapist, dental hygienist, dental assistant, or applicant in any proceeding not commenced
95	95	3.32by the board. Information obtained under this subdivision shall be classified as private
96	96	3.33pursuant to the Minnesota Government Data Practices Act.
97	97	3Sec. 2.
98	98	23-00673 as introduced12/14/22 REVISOR AGW/CH 4.1 Sec. 3. Minnesota Statutes 2022, section 150A.091, is amended by adding a subdivision
99	99	4.2to read:
100	100	4.3 Subd. 23.Mailing list services.Each licensee must submit a nonrefundable $5 fee to
101	101	4.4request a mailing address list.
102	102	4.5 Sec. 4. Minnesota Statutes 2022, section 150A.13, subdivision 10, is amended to read:
103	103	4.6 Subd. 10.Failure to report.On or after August 1, 2012, Any person, institution, insurer,
104	104	4.7or organization that fails to report as required under subdivisions 2 to 6 shall be subject to
105	105	4.8civil penalties for failing to report as required by law.
106	106	4Sec. 4.
107	107	23-00673 as introduced12/14/22 REVISOR AGW/CH