Section 5 establishes criminal history record checks requirements for applicants for initial licensure or reinstatement of licensure as a dentist, dental therapist, dental hygienist, or dental assistant. Applicants would be required to submit to a criminal history record check of records maintained by the Minnesota Bureau of Criminal Apprehension as well as a search of records of the Federal Bureau of Investigation. Requirements necessary for a federal records check, including fingerprinting, are included. Standards to be considered by the Board of Dentistry in determining whether to grant a license based on a criminal history are specified. If a criminal history records check indicates that an applicant has engaged in criminal behavior, the board may take action according to sections 214.10 and 214.103 (general laws applicable to complaint investigations by licensing boards and health-related licensing boards).
Section 15 amends immunity provisions. With respect to immunity for cooperating with an investigation of a report or with staff of the board, language is added limiting it to violations or alleged violations of section 150A.08, which includes grounds for various disciplinary actions by the board. Immunity for consultants is limited to those retained by the board. The duties for which immunity would apply are expanded to include a range of activities by the board, rather than just those under section 150A.13 (reporting obligations). A member of the board or a consultant would be considered a state employee for purposes of the state tort claims law.
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