150A.10 ALLIED DENTAL PERSONNEL.
Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist, public institution, or
school authority may obtain services from a licensed dental hygienist. The licensed dental hygienist may
provide those services defined in section 150A.05, subdivision 1a. The services provided shall not include
the establishment of a final diagnosis or treatment plan for a dental patient. All services shall be provided
under supervision of a licensed dentist. Any licensed dentist who shall permit any dental service by a dental
hygienist other than those authorized by the Board of Dentistry, shall be deemed to be violating the provisions
of sections 150A.01 to 150A.12, and any unauthorized dental service by a dental hygienist shall constitute
a violation of sections 150A.01 to 150A.12.
Subd. 1a. Collaborative practice authorization for dental hygienists in community settings. (a)
Notwithstanding subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
by a health care facility, program, nonprofit organization, or licensed dentist to perform the dental hygiene
services listed in Minnesota Rules, part 3100.8700, subpart 1, without the patient first being examined by
a licensed dentist if the dental hygienist:
(1) has entered into a collaborative agreement with a licensed dentist that designates authorization for
the services provided by the dental hygienist; and
(2) has documented completion of a course on medical emergencies within each continuing education
cycle.
(b) A collaborating dentist must be licensed under this chapter and may enter into a collaborative
agreement with no more than four dental hygienists unless otherwise authorized by the board. The board
shall develop parameters and a process for obtaining authorization to collaborate with more than four dental
hygienists. The collaborative agreement must include:
(1) consideration for medically compromised patients and medical conditions for which a dental evaluation
and treatment plan must occur prior to the provision of dental hygiene services;
(2) age- and procedure-specific standard collaborative practice protocols, including recommended
intervals for the performance of dental hygiene services and a period of time in which an examination by a
dentist should occur;
(3) copies of consent to treatment form provided to the patient by the dental hygienist;
(4) specific protocols for the placement of pit and fissure sealants and requirements for follow-up care
to ensure efficacy; and
(5) the procedure for creating and maintaining dental records for patients who are treated by the dental
hygienist under Minnesota Rules, part 3100.9600, including specifying where records will be located.
(c) The collaborative agreement must be:
(1) signed and maintained by the dentist; the dental hygienist; and the facility, program, or organization;
(2) reviewed annually by the collaborating dentist and the dental hygienist; and
(3) made available to the board upon request.
(d) Before performing any services authorized under this subdivision, a dental hygienist must provide
the patient with a consent to treatment form which must include a statement advising the patient that the
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dental hygiene services provided are not a substitute for a dental examination by a licensed dentist. When
the patient requires a referral for additional dental services, the dental hygienist shall complete a referral
form and provide a copy to the patient, the facility, if applicable, the dentist to whom the patient is being
referred, and the collaborating dentist, if specified in the collaborative agreement. A copy of the referral
form shall be maintained in the patient's health care record. The patient does not become a new patient of
record of the dentist to whom the patient was referred until the dentist accepts the patient for follow-up
services after referral from the dental hygienist.
(e) For the purposes of this subdivision, a "health care facility, program, or nonprofit organization"
includes a hospital; nursing home; home health agency; group home serving the elderly, disabled, or juveniles;
state-operated facility licensed by the commissioner of human services or the commissioner of corrections;
a state-agency-administered public health program or event; and federal, state, or local public health facility,
community clinic, tribal clinic, school authority, Head Start program, or nonprofit organization that serves
individuals who are uninsured or who are Minnesota health care public program recipients.
(f) For purposes of this subdivision, a "collaborative agreement" means a written agreement with a
licensed dentist who authorizes and accepts responsibility for the services performed by the dental hygienist.
(g) A collaborative practice dental hygienist must be reimbursed for all services performed through a
health care facility, program, nonprofit organization, or licensed dentist.
Subd. 2. Dental assistants. Every licensed dentist and dental therapist who uses the services of any
unlicensed person for the purpose of assistance in the practice of dentistry or dental therapy shall be
responsible for the acts of such unlicensed person while engaged in such assistance. The dentist or dental
therapist shall permit the unlicensed assistant to perform only those acts which are authorized to be delegated
to unlicensed assistants by the Board of Dentistry. The acts shall be performed under supervision of a licensed
dentist or dental therapist. A licensed dental therapist shall not supervise more than four licensed or unlicensed
dental assistants at any one practice setting. The board may permit differing levels of dental assistance based
upon recognized educational standards, approved by the board, for the training of dental assistants. The
board may also define by rule the scope of practice of licensed and unlicensed dental assistants. The board
by rule may require continuing education for differing levels of dental assistants, as a condition to their
license or authority to perform their authorized duties. Any licensed dentist or dental therapist who permits
an unlicensed assistant to perform any dental service other than that authorized by the board shall be deemed
to be enabling an unlicensed person to practice dentistry, and commission of such an act by an unlicensed
assistant shall constitute a violation of sections 150A.01 to 150A.12.
Subd. 2a. Collaborative practice authorization for dental assistants in community settings. (a)
Notwithstanding subdivision 2, a dental assistant licensed under this chapter may be employed or retained
by a health care facility, program, or nonprofit organization as defined in subdivision 1a to perform the
dental assisting services described in paragraph (b) without the patient first being examined by a licensed
dentist, without a dentist's diagnosis or treatment plan, and without the dentist being present at the location
where services are being performed, if:
(1) the dental assistant has entered into a collaborative agreement with a licensed dentist, which must
be part of a collaborative agreement established between a licensed dentist and a dental hygienist under
subdivision 1a, that designates authorization for the services provided by the dental assistant; and
(2) the dental assistant has documented completion of a course on medical emergencies within each
continuing education cycle.
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(b) A dental assistant operating under general supervision of a collaborating dentist under this subdivision
is authorized to perform the following services:
(1) provide oral health promotion and disease prevention education;
(2) take vital signs such as pulse rate and blood pressure;
(3) obtain informed consent, according to Minnesota Rules, part 3100.9600, subpart 9, for treatments
authorized by the collaborating dentist within the licensed dental assistant's scope of practice;
(4) apply topical preventative agents, including fluoride varnishes and pit and fissure sealants;
(5) perform mechanical polishing to clinical crowns not including instrumentation;
(6) complete preliminary charting of the oral cavity and surrounding structures, except periodontal
probing and assessment of the periodontal structure;
(7) take photographs extraorally or intraorally; and
(8) take radiographs.
(c) A collaborating dentist must be licensed under this chapter and may enter into a collaborative
agreement with no more than two licensed dental assistants, unless otherwise authorized by the board. The
board shall develop a process and parameters for obtaining authorization to collaborate with more than two
licensed dental assistants. The collaborative agreement must include the elements listed in subdivision 1a,
paragraph (b).
Subd. 3. Dental technicians. Every licensed dentist and dental therapist who uses the services of any
unlicensed person, other than under the dentist's or dental therapist's supervision and within the same practice
setting, for the purpose of constructing, altering, repairing or duplicating any denture, partial denture, crown,
bridge, splint, orthodontic, prosthetic or other dental appliance, shall be required to furnish such unlicensed
person with a written work order in such form as shall be prescribed by the rules of the board. The work
order shall be made in duplicate form, a duplicate copy to be retained in a permanent file of the dentist or
dental therapist at the practice setting for a period of two years, and the original to be retained in a permanent
file for a period of two years by the unlicensed person in that person's place of business. The permanent file
of work orders to be kept by the dentist, dental therapist, or unlicensed person shall be open to inspection
at any reasonable time by the board or its duly constituted agent.
Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 2, a licensed dental
hygienist or licensed dental assistant may perform the following restorative procedures:
(1) place, contour, and adjust amalgam restorations;
(2) place, contour, and adjust glass ionomer;
(3) adapt and cement stainless steel crowns; and
(4) place, contour, and adjust class I, II, and V supragingival composite restorations on primary and
permanent dentition.
(b) The restorative procedures described in paragraph (a) may be performed only if:
(1) the licensed dental hygienist or licensed dental assistant has completed a board-approved course on
the specific procedures;
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(2) the board-approved course includes a component that sufficiently prepares the licensed dental
hygienist or licensed dental assistant to adjust the occlusion on the newly placed restoration;
(3) a licensed dentist or licensed advanced dental therapist has authorized the procedure to be performed;
and
(4) a licensed dentist or licensed advanced dental therapist is available in the clinic while the procedure
is being performed.
(c) The dental faculty who teaches the educators of the board-approved courses specified in paragraph
(b) must have prior experience teaching these procedures in an accredited dental education program.
History: 1969 c 974 s 10; 1976 c 263 s 9; 1986 c 444; 1996 c 273 s 3,4; 1Sp2001 c 9 art 2 s 5; 2002 c
379 art 1 s 113; 1Sp2003 c 5 s 4,5; 2005 c 147 art 4 s 4; 2009 c 95 art 3 s 20-23; 2009 c 159 s 75-77; 2014
c 291 art 4 s 40; 2017 c 30 s 1,2; 1Sp2017 c 6 art 11 s 51; 2022 c 98 art 3 s 18
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Revisor of Statutes
4MINNESOTA STATUTES 2023150A.10