KEY: stricken = removed, old language.underscored = new language to be added
ss3715
1.2relating to higher education; classifying data; amending postsecondary education
1.3provisions; setting deadlines; allowing certain advertising; establishing
1.4the Minnesota P-20 education partnership; regulating course equivalency
1.5guides; requiring notice to prospective students; requiring lists of enrolled
1.6students; amending Minnesota Office of Higher Education responsibilities;
1.7establishing programs; defining terms; regulating grants, scholarships, and
1.8work-study; requiring an annual certificate; regulating certain board membership
1.9provisions; requiring job placement impact reviews; regulating oral health
1.10care practitioner provisions; establishing fees; providing criminal penalties;
1.11requiring reports; appropriating money;amending Minnesota Statutes 2008,
1.12sections 13.3215; 124D.09, subdivision 9; 135A.08, subdivision 1; 135A.17,
1.13subdivision 2; 135A.25, subdivision 4; 136A.08, subdivision 1, by adding a
1.14subdivision; 136A.101, subdivision 5a; 136A.121, by adding subdivisions;
1.15136A.127, subdivisions 2, 4, 9, 10, 12, 14, by adding a subdivision; 136A.1701,
1.16subdivision 10; 136A.87; 136F.02, subdivision 1; 136F.03, subdivision 4;
1.17136F.04, subdivision 4; 136F.045; 136F.19, subdivision 1; 136F.31; 137.0245,
1.18subdivision 2; 137.0246, subdivision 2; 137.025, subdivision 1; 150A.01, by
1.19adding subdivisions; 150A.05, subdivision 2, by adding subdivisions; 150A.06,
1.20subdivisions 2d, 5, 6, by adding subdivisions; 150A.08, subdivisions 1, 3a, 5;
1.21150A.09, subdivisions 1, 3; 150A.091, subdivisions 2, 3, 5, 8, 10; 150A.10,
1.22subdivisions 1, 2, 3, 4; 150A.11, subdivision 4; 150A.12; 150A.21, subdivisions
1.231, 4; 151.01, subdivision 23; 151.37, subdivision 2; 201.061, subdivision 3;
1.24299A.45, subdivision 1; Laws 2007, chapter 144, article 1, section 4, subdivision
1.253; proposing coding for new law in Minnesota Statutes, chapters 127A; 135A;
1.26136A; 136F; 150A; repealing Minnesota Statutes 2008, sections 136A.127,
1.27subdivisions 8, 13; 150A.061.
1.28BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.32 Subdivision 1. Summary By Fund. The amounts shown in this subdivision
1.33summarize direct appropriations, by fund, made in this article.
2.9 Subd. 2. Summary By Agency - All Funds. The amounts shown in this subdivision
2.10summarize direct appropriations, by agency, made in this article.
2.24 The sums shown in the columns marked "Appropriations" are appropriated to the
2.25agencies and for the purposes specified in this article. The appropriations are from the
2.26general fund, or another named fund, and are available for the fiscal years indicated
2.27for each purpose. The figures "2010" and "2011" used in this article mean that the
2.28appropriations listed under them are available for the fiscal year ending June 30, 2010, or
2.29June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
2.30year 2011. "The biennium" is fiscal years 2010 and 2011.
3.1The amounts that may be spent for each
3.2purpose are specified in the following
3.3subdivisions.
3.5If the appropriation in this subdivision for
3.6either year is insufficient, the appropriation
3.7for the other year is available for it.
3.8For the biennium, the tuition maximum
3.9is $11,038 in each year for students in
3.10four-year programs, and $6,908 for students
3.11in two-year programs.
3.12This appropriation sets the living and
3.13miscellaneous expense allowance at $6,447
3.14each year.
3.15Up to $75,000 of this appropriation may be
3.16used to complete computer programming
3.17changes necessary to implement new
3.18Minnesota Statutes, section 136A.121,
3.19subdivision 9b.
3.20Amounts in the state grant program under
3.21Minnesota Statutes, section 136A.121, made
3.22available for reallocation due to the increase
3.23in the federal Pell grant program must
3.24remain allocated to the state grant program to
3.25provide additional resources to students.
3.27This appropriation is to provide educational
3.28benefits under Minnesota Statutes, section
3.29299A.45, to eligible dependent children and
3.30to the spouses of public safety officers killed
3.31in the line of duty.
3.32If the appropriation in this subdivision for
3.33either year is insufficient, the appropriation
3.34for the other year is available for it.
4.4(1) For scholarships under Minnesota
4.5Statutes, section 136A.127.
4.6(2) This appropriation includes $4,000,000
4.7that must be used in the 2010-2011 biennium
4.8for advising and counseling grants, to support
4.9access to rigorous high school courses and
4.10college attendance programs. This includes,
4.11but is not limited to, college in the schools
4.12and postsecondary enrollment options,
4.13grants under the Intervention for College
4.14Attendance Program, additional funding for
4.15the Get Ready Program or local recipients of
4.16federal TRIO program money, local college
4.17access programs, and to increase support
4.18for schools and school districts to improve
4.19high school counseling. This is a onetime
4.20appropriation.
4.21(3) To provide continuity in program services
4.22and facilitate data collection that measures
4.23Advising and Counseling College Program
4.24outcomes, the director must, in selecting
4.25grant recipients for the 2010-2011 biennium,
4.26give priority to 2008-2009 grantees that
4.27provide up-to-date annual outcome data
4.28on services provided, students served, and
4.29other information requested by the director.
4.30Projects whose funding is renewed, must:
4.31(i) retain an emphasis on beginning early in a
4.32student's time in school to prepare students
4.33for academic success in college; and
5.1(ii) use objective measures to report on the
5.2project's impacts on student achievement,
5.3student enrollment in rigorous courses,
5.4high school attendance and success in
5.5postsecondary education, and college
5.6counseling effectiveness.
5.7The base funding for this program is
5.8$9,544,000 in fiscal year 2012 and
5.9$11,845,000 in fiscal year 2013.
5.11The director must contract with at least one
5.12person with demonstrated competence in
5.13American Indian culture and residing in or
5.14near the city of Bemidji to assist students
5.15with the scholarships under Minnesota
5.16Statutes, section 136A.126, and with other
5.17information about financial aid for which
5.18the students may be eligible. Bemidji State
5.19University must provide office space at
5.20no cost to the Minnesota Office of Higher
5.21Education for purposes of administering the
5.22American Indian scholarship program under
5.23Minnesota Statutes, section 136A.126.
5.25For a grant under Minnesota Statutes, section
5.26136A.128.
5.29For grants under Minnesota Statutes,
5.30section136A.861 . Up to $50,000 of this
5.31appropriation each year may be used for
5.32administrative expenses.
5.33To provide continuity in program services
5.34and facilitate data collection that measures
6.1Intervention for College Attendance
6.2Program outcomes, the director must, in
6.3selecting grant recipients for the 2010-2011
6.4biennium, give priority to 2008-2009
6.5grantees that provide up-to-date annual
6.6program participation and outcome data
6.7regarding their success in increasing high
6.8school graduation, college participation, and
6.9college graduation of students served by the
6.10program; and other information requested
6.11by the director. Projects whose funding is
6.12renewed, must:
6.13(1) retain an emphasis on enhancing
6.14academic readiness for college attendance
6.15and success in college for participants in
6.16grades 6 to 12; or
6.17(2) if the program's participants are college
6.18students, document that they are providing
6.19academic support services to participants
6.20that ensure success in college.
6.21Grantees must submit data to the director
6.22about the number of students in the project's
6.23service area that would be eligible for the
6.24program, but are not being served.
6.28For a grant to the United Family Medicine
6.29residency program. This appropriation
6.30shall be used to support up to 18 resident
6.31physicians each year in family practice at
6.32United Family Medicine residency programs
6.33and shall prepare doctors to practice family
6.34care medicine in underserved rural and
6.35urban areas of the state. It is intended that
7.1this program will improve health care in
7.2underserved communities, provide affordable
7.3access to appropriate medical care, and
7.4manage the treatment of patients in a more
7.5cost-effective manner.
7.7If the appropriation in this subdivision for
7.8either year is insufficient, the appropriation
7.9for the other year is available to meet
7.10reciprocity contract obligations.
7.11The base funding for this program is
7.12$3,150,000 in fiscal year 2012 and
7.13$3,250,000 in fiscal year 2013.
7.18This appropriation includes $125,000 each
7.19year for student and parent information,
7.20$184,000 each year for the get ready outreach
7.21program, and $48,000 each year for a
7.22grant to the Minnesota Minority Education
7.23Partnership.
7.25This appropriation includes $100,000 each
7.26year to administer the Achieve Scholarship
7.27Program and $75,000 each year to administer
7.28the Indian Scholarship Program.
7.30A balance in the first year under this section
7.31does not cancel, but is available for the
7.32second year.
8.2The Minnesota Office of Higher Education
8.3may transfer unencumbered balances from
8.4the appropriations in this section to the state
8.5grant appropriation, the interstate tuition
8.6reciprocity appropriation, the child care
8.7grant appropriation, the Indian scholarship
8.8appropriation, the state work-study
8.9appropriation, the achieve scholarship
8.10appropriation, the public safety officers'
8.11survivors appropriation, and the Minnesota
8.12college savings plan appropriation. Transfers
8.13from the child care or state work-study
8.14appropriations may only be made to the
8.15extent there is a projected surplus in the
8.16appropriation. A transfer may be made
8.17only with prior written notice to the chairs
8.18of the senate and house of representatives
8.19committees with jurisdiction over higher
8.20education finance.
8.22Notwithstanding any rule to the contrary,
8.23work-study jobs funded by a TANF
8.24appropriation do not require employer
8.25matching funds.
9.1The amounts that may be spent for each
9.2purpose are specified in the following
9.3subdivisions.
9.5(1) This appropriation includes funding for
9.6operation and maintenance of the system.
9.7(2) This appropriation includes funding
9.8to eliminate nonresident undergraduate
9.9tuition at Century College, St. Paul College,
9.10Minneapolis Community and Technical
9.11College, Rochester Community and
9.12Technical College, Inver Hills Community
9.13College, St. Cloud Technical College,
9.14Normandale Community College, North
9.15Hennepin Community College, Alexandria
9.16Technical College, Anoka Technical College,
9.17and Hennepin Technical College. The Board
9.18of Trustees must not implement a nonresident
9.19undergraduate tuition rate at a community
9.20college, technical college, or consolidated
9.21community and technical college that did not
9.22have such a rate on May 1, 2007.
9.23(3) This appropriation includes $100,000 for
9.24Minnesota State University, Mankato, for
9.25development and delivery of an educational
9.26program for the International Renewable
9.27Energy Technology Institute. This is a
9.28onetime appropriation.
9.29(4) The Chancellor of the Minnesota State
9.30Colleges and Universities must review the
9.31following institutional priority allocations to
9.32determine whether the programs are critical
9.33to advancing the educational mission and
9.34priorities of the system:
9.35(i) farm and small business programs;
10.1(ii) centers of excellence;
10.2(iii) competitive salaries;
10.3(iv) community energy pilots;
10.4(v) economic development e-folio upgrade;
10.5and
10.6(vi) northeast higher education district/range
10.7vocational education.
10.8The chancellor must make recommendations,
10.9by February 1, 2010, to the Board of
10.10Trustees concerning the priority allocations.
10.11If the board determines that a program is
10.12not essential to advancing the educational
10.13mission and priorities of the system, then
10.14the board may discontinue a program and
10.15reallocate the funding.
10.16(5) The system base is $627,849,000 in fiscal
10.17year 2012 and $627,849,000 in fiscal year
10.182013.
10.21This appropriation is from the fiscal
10.22stabilization account in the federal fund.
10.23This appropriation must be allocated to
10.24mitigate the need to raise tuition and
10.25fees for Minnesota resident students. This
10.26appropriation may be used for modernization,
10.27renovation, or repair of facilities that are
10.28primarily used for instruction, research,
10.29or student housing but may not be used
10.30for maintenance of systems, equipment,
10.31or facilities. Amounts in this subdivision
10.32must not be allocated to modernization,
10.33renovation, or repair of stadiums or other
10.34facilities primarily used for athletic contests
10.35or exhibitions or other events for which
11.1admission is charged to the general public
11.2and must not be allocated to any facility
11.3used for sectarian instruction or religious
11.4worship or in which a substantial portion of
11.5the functions of the facilities are subsumed
11.6in a religious mission. No amount from this
11.7appropriation can be allocated to increase
11.8endowment funds.
11.9The Board of Trustees must consult with
11.10the chairs of the legislative committees with
11.11jurisdiction over higher education finance
11.12and then submit a plan to the director of the
11.13Minnesota Office of Higher Education and
11.14the chairs of the legislative committees with
11.15jurisdiction over higher education finance by
11.16June 1, 2009. The plan must describe how
11.17the board will allocate the appropriations
11.18in this subdivision. The plan must describe
11.19the amounts that will be allocated to
11.20scholarships, grants, or other types of tuition
11.21assistance for Minnesota resident students
11.22and the effect of the allocations on the
11.23amount of proposed tuition increases that
11.24are mitigated. The plan must also describe
11.25any amounts allocated to other education
11.26and general purposes, and how the amounts
11.27allocated to these purposes will mitigate the
11.28need to raise tuition for Minnesota resident
11.29students. The director must consult with the
11.30chairs of the legislative committees with
11.31jurisdiction over higher education finance
11.32prior to approving the plan submitted by the
11.33Board of Trustees. The director may require
11.34the Board of Trustees to modify the plan.
11.35The director must approve the plan by June
11.3615, 2009. The Board of Trustees must not
12.1implement the plan until the director has
12.2approved the plan.
12.3An additional $15,578,000 is appropriated
12.4from the fiscal stabilization account for fiscal
12.5year 2009 and must be allocated according to
12.6the requirements of this subdivision.
12.7EFFECTIVE DATE.Subdivision 3 is effective the day following final enactment.
12.16The amounts that may be spent for each
12.17purpose are specified in the following
12.18subdivisions.
12.20This appropriation includes funding for
12.21operation and maintenance of the system.
12.22The operations and maintenance base
12.23is $572,580,000 in fiscal year 2012 and
12.24$572,580,000 in fiscal year 2013.
12.26This appropriation is from the health care
12.27access fund.
12.30This appropriation is from the fiscal
12.31stabilization account in the federal fund.
12.32This appropriation must be allocated to
12.33mitigate the need to raise tuition and
13.1fees for Minnesota resident students. This
13.2appropriation may be used for modernization,
13.3renovation, or repair of facilities that are
13.4primarily used for instruction, research,
13.5or student housing but may not be used
13.6for maintenance of systems, equipment,
13.7or facilities. Amounts in this subdivision
13.8must not be allocated to modernization,
13.9renovation, or repair of stadiums or other
13.10facilities primarily used for athletic contests
13.11or exhibitions or other events for which
13.12admission is charged to the general public
13.13and must not be allocated to any facility
13.14used for sectarian instruction or religious
13.15worship or in which a substantial portion of
13.16the functions of the facilities are subsumed
13.17in a religious mission. No amount from this
13.18appropriation can be allocated to increase
13.19endowment funds.
13.20The Board of Regents must consult with the
13.21chairs of the legislative committees with
13.22jurisdiction over higher education finance
13.23and then submit a plan to the director of the
13.24Minnesota Office of Higher Education and
13.25the chairs of the legislative committees with
13.26jurisdiction over higher education finance by
13.27June 1, 2009. The plan must describe how
13.28the board will allocate the appropriations
13.29in this subdivision. The plan must describe
13.30the amounts that will be allocated to
13.31scholarships, grants, or other types of tuition
13.32assistance for Minnesota resident students
13.33and the effect of the allocations on the
13.34amount of proposed tuition increases that
13.35are mitigated. The plan must also describe
13.36any amounts allocated to other education
14.1and general purposes, and how the amounts
14.2allocated to these purposes will mitigate the
14.3need to raise tuition for Minnesota resident
14.4students. The director must consult with the
14.5chairs of the legislative committees with
14.6jurisdiction over higher education finance
14.7prior to approving the plan submitted by the
14.8Board of Regents. The director may require
14.9the Board of Regents to modify the plan.
14.10The director must approve the plan by June
14.1115, 2009. The Board of Regents must not
14.12implement the plan until the director has
14.13approved the plan.
14.14An additional $14,968,000 is appropriated
14.15from the fiscal stabilization account for fiscal
14.16year 2009 and must be allocated according to
14.17the requirements of this subdivision.
14.20(1) For the Agricultural Experiment Station
14.21and the Minnesota Extension Service. This
14.22appropriation includes $1,500,000 each year
14.23to promote alternative livestock research
14.24and outreach, and for an ongoing organic
14.25research and education program according to
14.26clauses (2), (3), and (4).
14.27(2) This appropriation includes funding
14.28for research efforts that demonstrate a
14.29renewed emphasis on the needs of the state's
14.30production agriculture community and a
14.31continued focus on renewable energy derived
14.32from Minnesota biomass resources including
14.33agronomic crops, plant and animal wastes,
14.34and native plants or trees, with priority for
14.35extending the Minnesota vegetable growing
15.1season; fertilizer and soil fertility research
15.2and development; treating and curing human
15.3diseases utilizing plant and livestock cells;
15.4using biofuel production coproducts as
15.5feed for livestock; and a rapid agricultural
15.6response fund for current or emerging
15.7animal, plant, and insect problems affecting
15.8production or food safety. In addition, the
15.9appropriation may be used to secure a facility
15.10and retain current faculty levels for poultry
15.11research currently conducted at UMore Park.
15.12(3) In the area of renewable energy, priority
15.13should be given to projects pertaining to:
15.14biofuel and other energy production from
15.15small grains; alternative bioenergy crops and
15.16cropping systems; and growing, harvesting,
15.17and transporting biomass plant material.
15.18(4) This appropriation includes funding for
15.19the college of food, agricultural, and natural
15.20resources sciences to establish and maintain
15.21a statewide organic research and education
15.22initiative to provide leadership for organic
15.23agronomic, horticultural, livestock, and food
15.24systems research, education, and outreach
15.25and for the purchase of state-of-the-art
15.26laboratory, planting, tilling, harvesting, and
15.27processing equipment necessary for this
15.28project.
15.29(5) By February 1, 2011, the Board of Regents
15.30must report to the legislative committees
15.31with responsibility for agriculture and
15.32higher education finance on the research and
15.33initiatives under clauses (2), (3), and (4).
16.1$322,000 each year is to support up to 12
16.2resident physicians in the St. Cloud Hospital
16.3family practice residency program. The
16.4program must prepare doctors to practice
16.5primary care medicine in the rural areas of
16.6the state. The legislature intends this program
16.7to improve health care in rural communities,
16.8provide affordable access to appropriate
16.9medical care, and manage the treatment of
16.10patients in a more cost-effective manner.
16.11The remainder of this appropriation is for
16.12the rural physicians associates program, the
16.13Veterinary Diagnostic Laboratory, health
16.14sciences research, dental care, and the
16.15Biomedical Engineering Center.
16.17For the Geological Survey and the talented
16.18youth mathematics program.
16.20For general research, student loans matching
16.21money, industrial relations education, Natural
16.22Resources Research Institute, Center for
16.23Urban and Regional Affairs, Bell Museum of
16.24Natural History, and the Humphrey exhibit.
16.27For the direct and indirect expenses of the
16.28collaborative research partnership between
16.29the University of Minnesota and the Mayo
16.30Foundation for research in biotechnology
16.31and medical genomics. This appropriation is
16.32available until expended. An annual report
16.33on the expenditure of this appropriation
16.34must be submitted to the governor and the
16.35chairs and ranking minority members of
17.1the senate and house of representatives
17.2committees responsible for higher education
17.3and economic development by June 30 of
17.4each fiscal year.
17.5All parties to the partnership and the chairs of
17.6the legislative committees with jurisdiction
17.7over higher education finance must be
17.8consulted before the Board of Regents
17.9reduces the amount appropriated under this
17.10subdivision during the biennium ending June
17.1130, 2011.
17.14The appropriation for Academic Health
17.15Center funding under Minnesota Statutes,
17.16section 297F.10, is $22,250,000 each year.
17.17EFFECTIVE DATE.Subdivision 4 is effective the day following final enactment.
17.20The amounts that may be spent for the
17.21purposes are specified in the following
17.22subdivisions.
17.24The state of Minnesota must pay a capitation
17.25each year for each student who is a resident
17.26of Minnesota. The appropriation may be
17.27transferred between years of the biennium to
17.28accommodate enrollment fluctuations.
17.29It is intended that during the biennium the
17.30Mayo Clinic use the capitation money to
17.31increase the number of doctors practicing in
17.32rural areas in need of doctors.
18.3The state of Minnesota must pay stipend
18.4support for up to 27 residents each year.
18.6This appropriation is from the state
18.7government special revenue fund for the
18.8purpose of licensing oral health practitioners
18.9and dental therapists. The base appropriation
18.10of the Board of Dentistry must be decreased
18.11by $11,000 in fiscal year 2012 and $11,000
18.12in fiscal year 2013.
18.14The base appropriation for the Department
18.15of Health from the state government special
18.16revenue fund is increased by $48,000 in
18.17fiscal year 2012 and by $141,000 in fiscal
18.18year 2013 for the purpose of the evaluation
18.19process for assessing the impact of oral
18.20health practitioners and dental therapists.
18.21This appropriation must not be added to the
18.22department's base after fiscal year 2014.
18.23 Sec. 9. Laws 2007, chapter 144, article 1, section 4, subdivision 3, is amended to read:
18.25(a) The board must adopt a policy that allows
18.26students to add the cost of textbooks and
18.27required course materials purchased at a
18.28campus bookstore, owned by or operated
18.29under a contract with the campus, to the
18.30existing waivers or payment plans for tuition
18.31and fees.
19.1(b) By January 1, 2009, the board must adopt
19.2a policy setting the maximum number of
19.3semester credits required for a baccalaureate
19.4degree at 120 semester credits or the
19.5equivalent and the number of semester
19.6credits required for an associate degree at
19.760 semester credits or the equivalent. The
19.8board policy may provide for a process
19.9for granting waivers for specific degree
19.10programs in which industry or professional
19.11accreditation standards require a greater
19.12number of semester credits.
19.15 Section 1. Minnesota Statutes 2008, section 13.3215, is amended to read:
19.1613.3215 UNIVERSITY OF MINNESOTA DATA.
19.17 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this
19.18subdivision have the meanings given them.
19.19(b) "Business data" is data described in section 13.591, subdivision 1, and includes
19.20the funded amount of the University of Minnesota's commitment to the investment
19.21to date, if any; the market value of the investment by the University of Minnesota; the
19.22University of Minnesota's internal rate of return for the investment, including expenditures
19.23and receipts used in the calculation of the investment's internal rate of return; and the
19.24age of the investment in years.
19.25(c) "Financial, business, or proprietary data" means data, as determined by the
19.26responsible authority for the University of Minnesota, that are of a financial, business, or
19.27proprietary nature, the release of which could cause competitive harm to the University
19.28of Minnesota, the legal entity in which the University of Minnesota has invested or has
19.29considered an investment, the managing entity of an investment, or a portfolio company in
19.30which the legal entity holds an interest.
19.31(d) "Investment" means the investments by the University of Minnesota in the
19.32following private capital:
19.33(1) venture capital and other private equity investment businesses through
19.34participation in limited partnerships, trusts, limited liability corporations, limited liability
19.35companies, limited liability partnerships, and corporations;
20.1(2) real estate ownership interests or loans secured by mortgages or deeds of trust or
20.2shares of real estate investment trusts through investment in limited partnerships; and
20.3(3) natural resource investments through limited partnerships, trusts, limited liability
20.4corporations, limited liability companies, limited liability partnerships, and corporations.
20.5 Subd. 2. Claims experience data. Claims experience and all related information
20.6received from carriers and claims administrators participating in a University of Minnesota
20.7group health, dental, life, or disability insurance plan or the University of Minnesota
20.8workers' compensation program, and survey information collected from employees or
20.9students participating in these plans and programs, except when the university determines
20.10that release of the data will not be detrimental to the plan or program, are classified as
20.11nonpublic datanot on individuals pursuant to under section
13.02, subdivision 9 .
20.12 Subd. 3. Private equity investment data. (a) Financial, business, or proprietary
20.13data and business data collected, created, received, or maintained by the University of
20.14Minnesota in connection with investments are nonpublic data.
20.15(b) The name of the general partners and the legal entity in which the University of
20.16Minnesota has invested; the amount of the University of Minnesota's initial commitment;
20.17and the portfolio performance of University of Minnesota investments overall, including
20.18the number of investments, the total amount of University of Minnesota commitments, the
20.19total current market value, and the return on the total investment portfolio, are public.
20.20EFFECTIVE DATE.This section is effective the day following final enactment.
20.21 Sec. 2. Minnesota Statutes 2008, section 124D.09, subdivision 9, is amended to read:
20.22 Subd. 9. Enrollment priority. A postsecondary institution shall give priority to
20.23its postsecondary students when enrolling 11th and 12th grade pupils in its courses. A
20.24postsecondary institution may provide information about its programs to a secondary
20.25school or to a pupil or parent, but it may not advertise or otherwise recruit or solicit
20.26the participation of secondary pupils to enroll in its programs on financial grounds.
20.27An institution must not enroll secondary pupils, for postsecondary enrollment options
20.28purposes, in remedial, developmental, or other courses that are not college level. Once a
20.29pupil has been enrolled in a postsecondary course under this section, the pupil shall not
20.30be displaced by another student.
20.31EFFECTIVE DATE.This section is effective the day following final enactment.
20.32 Sec. 3. [127A.70] MINNESOTA P-20 EDUCATION PARTNERSHIP.
21.1 Subdivision 1. Establishment; membership. A P-20 education partnership is
21.2established to create a seamless system of education that maximizes achievements of
21.3all students, from early childhood through elementary, secondary, and postsecondary
21.4education, while promoting the efficient use of financial and human resources. The
21.5partnership shall consist of major statewide educational groups or constituencies or
21.6noneducational statewide organizations with a stated interest in P-20 education. The initial
21.7membership of the partnership includes the members serving on the Minnesota P-16
21.8Education Partnership and four legislators appointed as follows:
21.9 (1) one senator from the majority party and one senator from the minority party,
21.10appointed by the senate Subcommittee on Committees of the Committee on Rules and
21.11Administration; and
21.12 (2) one member of the house of representatives appointed by the speaker of the
21.13house and one member appointed by the minority leader of the house of representatives.
21.14 Prospective members may be nominated by any partnership member and new
21.15members will be added with the approval of a two-thirds majority of the partnership. The
21.16partnership will also seek input from nonmember organizations whose expertise can help
21.17inform the partnership's work. The partnership shall select a chair from its membership.
21.18 Partnership members shall be represented by the chief executives, presidents, or
21.19other formally designated leaders of their respective organizations, or their designees. The
21.20partnership shall meet at least three times during each calendar year.
21.21 Subd. 2. Powers and duties; report. The partnership shall develop
21.22recommendations to the governor and the legislature designed to maximize the
21.23achievement of all P-20 students while promoting the efficient use of state resources,
21.24thereby helping the state realize the maximum value for its investment. These
21.25recommendations may include, but are not limited to, strategies, policies, or other actions
21.26focused on:
21.27 (1) improving the quality of and access to education at all points from preschool
21.28through the graduate education;
21.29 (2) improving preparation for, and transitions to, postsecondary education and
21.30work; and
21.31 (3) ensuring educator quality by creating rigorous standards for teacher recruitment,
21.32teacher preparation, induction and mentoring of beginning teachers, and continuous
21.33professional development for career teachers.
21.34 By January 15 of each year, the partnership shall submit a report to the governor
21.35and to the chairs and ranking minority members of the legislative committees and
21.36divisions with jurisdiction over P-20 education policy and finance that summarizes the
22.1partnership's progress in meeting its goals and identifies the need for any draft legislation
22.2when necessary to further the goals of the partnership to maximize student achievement
22.3while promoting efficient use of resources. Until the partnership determines otherwise, the
22.4commissioner of education shall provide the necessary staff support and meeting space
22.5for meetings of the partnership.
22.6Members of the partnership may not receive any compensation or reimbursement for
22.7expenses for their service in the partnership.
22.8 Subd. 3. Expiration. Notwithstanding section 15.059, subdivision 5, the partnership
22.9is permanent and does not expire.
22.10 Sec. 4. Minnesota Statutes 2008, section 135A.08, subdivision 1, is amended to read:
22.11 Subdivision 1. Course equivalency. The Board of Regents of the University of
22.12Minnesota and the Board of Trustees of the Minnesota State Colleges and Universities
22.13shall develop and maintain course equivalency guides for use between institutions that
22.14have a high frequency of transfer. The course equivalency guides must include information
22.15on the course equivalency and awarding of credit for learning acquired as a result of
22.16the successful completion of formal military courses and occupational training. Course
22.17equivalency guidesshall are not be required for vocational technical programs that have
22.18not been divided into identifiable courses. The governing boards of private institutions
22.19that grant associate and baccalaureate degrees and that have a high frequency of transfer
22.20students are requested to participate in developing these guides.
22.21 Sec. 5. [135A.157] NOTICE TO PROSPECTIVE STUDENTS.
22.22A public or private postsecondary educational institution located in this state shall
22.23give the notice specified in this section to each person applying to be a student at the
22.24institution:
22.25 "NOTICE REGARDING POSSIBLE IMPACT OF CRIMINAL RECORDS
22.26 If you have been arrested, charged, or convicted of any criminal offense, you
22.27should investigate the impact that the arrest, charge, or conviction may have on your
22.28chances of employment in the field you intend to study and on your chances to obtain
22.29federal, state, and other financial aid."
22.30 Sec. 6. Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to read:
22.31 Subd. 2.Residential housing list List of enrolled students. All postsecondary
22.32institutions that enroll students accepting state or federal financial aid may (a) Institutions
22.33within the Minnesota State Colleges and Universities must prepare a current list of
23.1students enrolled in the institution and residingin the institution's housing or within
23.2ten miles of the institution's campus in Minnesota. The list shall must include each
23.3student's name and current address, unless the name or address is not designated as public
23.4data under section 13.32, subdivision 5. The listshall must be certified and sent to the
23.5appropriate county auditor or auditors secretary of state no earlier than 30 and no later than
23.625 days before the November general election, in an electronic format specified by the
23.7secretary of state, for use in election day registration as provided under section201.061,
23.8subdivision 3 . The certification must be dated and signed by the chief officer or designee
23.9of the postsecondary educational institution, or for institutions within the Minnesota State
23.10Colleges and Universities, by the chancellor, and must state that the list is current and
23.11accurate and includes only the names of currently enrolled students residing in Minnesota
23.12as of the date of certification. The secretary of state must combine the data received from
23.13each postsecondary educational institution under this subdivision and must process the
23.14data to locate the precinct in which the address provided for each student is located. If the
23.15data submitted by the postsecondary educational institution is insufficient for the secretary
23.16of state to locate the proper precinct, the associated student name must not appear in any
23.17list forwarded to a county auditor under this subdivision.
23.18At least 14 days before the November general election, the secretary of state
23.19must forward to the appropriate county auditor lists of students containing the students'
23.20names and addresses for which precinct determinations have been made along with their
23.21postsecondary educational institutions. The list must be sorted by precinct and student
23.22last name and must be forwarded in an electronic format specified by the secretary of
23.23state or other mutually agreed upon medium, if a written agreement specifying the
23.24medium is signed by the secretary of state and the county auditor at least 90 days before
23.25the November general election. A written agreement is effective for all elections until
23.26rescinded by either the secretary of state or the county auditor.
23.27(b) Other postsecondary institutions may provide lists as provided by this subdivision
23.28or as provided by the rules of the secretary of state. The University of Minnesota is
23.29requested to comply with this subdivision.
23.30(c) A residential housing list provided under this subdivision may not be used or
23.31disseminated by a county auditor or the secretary of state for any other purpose.
23.32 Sec. 7. Minnesota Statutes 2008, section 135A.25, subdivision 4, is amended to read:
23.33 Subd. 4. Minnesota Office of Higher Education responsibilities.(a) For private
23.34postsecondary institutions, the Minnesota Office of Higher Education must develop
23.35educational materials considering the recommendations by the Minnesota Office of Higher
24.1Education and others and at least annually convene and sponsor meetings and workshops
24.2and provide educational strategies for faculty, students, administrators, institutions, and
24.3bookstores to inform all interested parties on strategies for reducing the costs of course
24.4materials for students attending postsecondary institutions.
24.5(b) The Minnesota Office of Higher Education must identify methods to compile and
24.6distribute information on publishers that sell or distribute course material for classroom use
24.7in postsecondary institutions in a manner that meets the requirements and complies with
24.8subdivision 2. The Minnesota Office of Higher Education must also evaluate ways to make
24.9this information available for use by students and faculty in postsecondary institutions.
24.10 Sec. 8. [135A.61] HIGH SCHOOL-TO-COLLEGE DEVELOPMENTAL
24.11TRANSITION PROGRAMS.
24.12 Subdivision 1. High school-to-college developmental transition programs. All
24.13public higher education systems and other higher education institutions in Minnesota
24.14are encouraged to offer research-based high school-to-college developmental transition
24.15programs to prepare students for college-level academic coursework. An entity that
24.16provides a program under this section must promote the program as part of its activities
24.17under section 136A.121, subdivision 20. A program under this section must, at a
24.18minimum, include instruction to develop the skills and abilities necessary to be ready for
24.19college-level academic coursework when the student enrolls in a degree, diploma, or
24.20certificate program and the skills identified as needing improvement by a college readiness
24.21assessment completed by the student. A program offered under this section must not
24.22constitute more than the equivalent of one semester of full-time study occurring in the
24.23summer following high school graduation. The courses completed in a program under this
24.24section must be identified on the student's transcript with a unique identifier to distinguish
24.25it from other developmental education classes or programs.
24.26 Subd. 2. High school-to-college developmental transition programs evaluation
24.27report. (a) Institutions that offer a high school-to-college developmental transition
24.28program and enroll students that receive a grant under section 136A.121, subdivision
24.299b, must annually submit a report to the director of the Minnesota Office of Higher
24.30Education that provides data and information about the program provided to students and
24.31the results for students.
24.32(b) Institutions must specify both program and student outcome goals and the
24.33activities implemented to achieve the goals. The goals must be clearly stated and
24.34measurable. Institutions must collect, analyze, and report on program participation and
25.1outcome data that enable the director to verify the program has met the outcome goals
25.2established for the program.
25.3(c) The report submitted to the director by an institution must include, at a minimum,
25.4the following information:
25.5(1) demographic information about the students;
25.6(2) names of the high schools from which the students graduated;
25.7(3) the placement test used to determine the student was not ready for college-level
25.8academic course work;
25.9(4) the curriculum content areas assessed and the scores received by the students;
25.10(5) a description of the services, including any supplemental noncredit academic
25.11support services, provided to students;
25.12(6) data on the registration load, courses completed, and grades received by students;
25.13(7) data on the placement test scores and course grades of students that participated in
25.14the programs compared to the placement test scores and course grades of nonparticipants;
25.15(8) the retention of students from the term they participated in the program to the
25.16fall term immediately following graduation from high school, including the number of
25.17credits for which they enrolled and the grades they received;
25.18(9) information about the student's enrollment in subsequent terms; and
25.19(10) other information specified by the director.
25.20(d) The director must establish and convene a data working group to develop the
25.21necessary procedures, as well as a timeline, for the collection, analysis, and submission of
25.22data and information to the director. The data working group must develop data collection
25.23and analysis procedures that ensure consistency in the data collected by each institution
25.24and identify the types of program delivery procedures most successful with students that
25.25present a variety of academic and socioeconomic characteristics. The data group must
25.26include representatives of all sectors of higher education in the state that offer a program
25.27under this section and have expertise in data collection processes and the delivery of
25.28academic programs to students. The data group must assist the director in the preparation
25.29of the report synthesizing information from each institutional report.
25.30 Subd. 3. Report to legislature. By December 15 of each year, the director shall
25.31submit a report to the committees of the legislature with jurisdiction over higher education
25.32finance and policy regarding the academic performance of students who participated in the
25.33transition programs compared to the performance of students who did not participate in
25.34the program. The report submitted to the legislature must incorporate information from
25.35the reports submitted by the institutions participating in the program.
26.1 Sec. 9. Minnesota Statutes 2008, section 136A.08, subdivision 1, is amended to read:
26.2 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
26.3have the meanings given them.
26.4(b) "Province" and "provincial" mean the Canadian province of Manitoba.
26.5(c) "Resident of this state" means a resident student as defined in section 136A.101,
26.6subdivision 8.
26.7 Sec. 10. Minnesota Statutes 2008, section 136A.08, is amended by adding a
26.8subdivision to read:
26.9 Subd. 9. Appeal; resident status. A student who does not meet the definition of
26.10resident after residing in Minnesota for 12 months may appeal to the director by providing
26.11documentation on the student's reasons for residing in Minnesota. The director may
26.12grant resident status for the purpose of this section to the student upon determining the
26.13documentation establishes that postsecondary education was not the student's principal
26.14reason for residing in Minnesota.
26.15 Sec. 11. Minnesota Statutes 2008, section 136A.101, subdivision 5a, is amended to
26.16read:
26.17 Subd. 5a. Assigned family responsibility. "Assigned family responsibility" means
26.18the amount of a family's contribution to a student's cost of attendance, as determined by a
26.19federal need analysis. For dependent students, the assigned family responsibility is96 93
26.20percent of the parental contribution. For independent students with dependents other than
26.21a spouse, the assigned family responsibility is86 83 percent of the student contribution.
26.22For independent students without dependents other than a spouse, the assigned family
26.23responsibility is68 65 percent of the student contribution.
26.24 Sec. 12. Minnesota Statutes 2008, section 136A.121, is amended by adding a
26.25subdivision to read:
26.26 Subd. 5a. Minnesota promise. (a) The stipend for an applicant who has an income
26.27used to determine eligibility that is less than 185 percent of the federal poverty guidelines,
26.28adjusted for family size, is the greater of:
26.29(1) the stipend calculated under subdivision 5 plus the applicant's Pell grant; or
26.30(2) an amount equal to the tuition and required fees under subdivision 6 at a
26.31Minnesota public two-year community college or consolidated community and technical
26.32college.
27.1(b) The stipend under this subdivision is the Minnesota promise. The Minnesota
27.2Office of Higher Education must prepare and distribute materials under section 136A.87
27.3to promote the Minnesota promise and the benefits of higher education for all students
27.4and particularly for students from low-income families.
27.5 Sec. 13. Minnesota Statutes 2008, section 136A.121, is amended by adding a
27.6subdivision to read:
27.7 Subd. 9b. Onetime grant for high school-to-college developmental transition
27.8program. (a) A student who enrolls in a program under section 135A.61 is eligible for
27.9a onetime grant to help pay expenses to attend the program. The amount of the grant
27.10must be determined according to subdivision 5, except as modified by paragraph (b).
27.11The requirement in subdivision 9a that subtracts a federal Pell Grant award for which a
27.12student would be eligible, even if the student has exhausted the federal Pell Grant award,
27.13does not apply to a student who receives a grant under this subdivision in the award
27.14year in which the grant is received. The maximum grant under this subdivision must be
27.15reduced by the average amount a student would earn working in an on-campus work-study
27.16position for ten hours per week during a summer term. The office must determine an
27.17amount for student earnings in a summer term, using available data about earnings, before
27.18determining the amount awarded under this subdivision.
27.19(b) If an applicant's income used to determine eligibility is less than 185 percent of
27.20the federal poverty guideline, adjusted for family size, the maximum amount of the grant
27.21is the cost of attendance under subdivision 6.
27.22(c) A grant under this subdivision is in addition to grants for the eight semesters or
27.23equivalent under subdivision 9. A grant under this subdivision must not be awarded for
27.24the same term for which another grant is awarded under this section.
27.25EFFECTIVE DATE.This section is effective for students who graduate from high
27.26school after December 31, 2009.
27.27 Sec. 14. Minnesota Statutes 2008, section 136A.121, is amended by adding a
27.28subdivision to read:
27.29 Subd. 20. Institutional partnership with high schools. An eligible institution in
27.30Minnesota that enrolls a student who receives a grant under this section must develop a
27.31partnership to promote academic preparation and college attendance with at least two high
27.32schools that have not made adequate yearly progress in reading and math in the most
27.33recent year. The Minnesota Office of Higher Education must maintain a current list of
27.34high schools in the state that have not made adequate yearly progress in reading and
28.1math in the most recent year and are eligible to be considered a partner school under this
28.2subdivision. The partnership must include:
28.3(1) making available to students, at low cost or no cost, a college readiness
28.4assessment that meets recognized standards;
28.5(2) assisting students and families in completing the Free Application for Federal
28.6Student Aid (FAFSA); and
28.7(3) visiting a college campus.
28.8 Sec. 15. Minnesota Statutes 2008, section 136A.127, subdivision 2, is amended to read:
28.9 Subd. 2. Definition; qualifying program. For the purposes of this section, a
28.10"qualifying program" means a rigorous secondary school program of study defined by
28.11the Department of Education under agreement with the Secretary of Education for the
28.12purposes of determining eligibility for the federal Academic Competitiveness Grant
28.13Program under Title IV of the Higher Education Act of 1965, as amended. If a qualifying
28.14program includes a foreign language requirement, the foreign language requirement is
28.15waived for a student whose first language is not English and who attains English language
28.16proficiency.
28.17EFFECTIVE DATE.This section is effective the day following final enactment
28.18and applies to students who graduate on or after January 1, 2009.
28.19 Sec. 16. Minnesota Statutes 2008, section 136A.127, subdivision 4, is amended to read:
28.20 Subd. 4. Student eligibility. To be eligible to receive a scholarship under this
28.21section, in addition to the requirements listed under section136A.121 , a student must:
28.22 (1) submit a Free Application for Federal Student Aid (FAFSA);
28.23 (2)take and receive at least a grade of C for courses that comprise a rigorous
28.24secondary school complete a qualifying program of study in a high school or in a
28.25home-school setting under section120A.22 , and graduate from a Minnesota high school,
28.26and graduate with an unweighted 2.5 grade point average or higher;
28.27 (3) have a family adjusted gross income of less than$75,000 in the last complete
28.28calendar year prior to the academic year of postsecondary attendance in which the
28.29scholarship is used 185 percent of the federal poverty guidelines, adjusted for family
28.30size as reported in the federal need analysis. The Office of Higher Education or the
28.31postsecondary institution may request documentation to confirm income eligibility;
28.32 (4) be a United States citizen or eligible noncitizen, as defined in section 484 of the
28.33Higher Education Act, United States Code, title 20, sections 1091 et seq., as amended,
28.34and Code of Federal Regulations, title 34, section668.33 ;
29.1 (5) be a Minnesota resident, as defined in section136A.101, subdivision 8; and
29.2 (6) be enrolled for at least three credits per quarter or semester or the equivalent
29.3 enroll full-time in a degree, diploma, or certificate program in the fall term immediately
29.4following high school graduation at an eligible institution as defined under section
29.5136A.101, subdivision 4.
29.6EFFECTIVE DATE.This section is effective the day following final enactment
29.7and applies to students who graduate on or after January 1, 2009.
29.8 Sec. 17. Minnesota Statutes 2008, section 136A.127, subdivision 9, is amended to read:
29.9 Subd. 9. Scholarship awards.A student may not receive more than $1,200 in
29.10Minnesota achieve scholarships, which must be for enrollment during the four-year
29.11availability period described in subdivision 12. The maximum amount of the scholarship
29.12is the amount remaining after deducting from the total amount of qualifying expenses
29.13under subdivision 10 all amounts of federal, state, private, and institutional grants and gift
29.14aid from any source and the amount under subdivision 10a. Thescholarships scholarship
29.15may be used to pay for qualifying expenses at eligible institutions.
29.16EFFECTIVE DATE.This section is effective the day following final enactment
29.17and applies to students who graduate on or after January 1, 2009.
29.18 Sec. 18. Minnesota Statutes 2008, section 136A.127, subdivision 10, is amended to
29.19read:
29.20 Subd. 10. Qualifying expenses. Qualifying expenses are components included
29.21under the cost of attendance used for federal student financial aid programs, as defined
29.22insection 472 of the Higher Education Act, United States Code, title 20, sections 1091
29.231087ll et seq., as amended for the institution the student attends. The maximum qualifying
29.24expenses under this subdivision is the average total qualifying expenses at the four-year
29.25institutions of the Minnesota State Colleges and Universities.
29.26EFFECTIVE DATE.This section is effective the day following final enactment
29.27and applies to students who graduate on or after January 1, 2009.
29.28 Sec. 19. Minnesota Statutes 2008, section 136A.127, is amended by adding a
29.29subdivision to read:
29.30 Subd. 10a. Student investment. A student investment is required in an amount
29.31equal to the average amount a student would earn working in an on-campus work-study
29.32position for ten hours per week during a term. The office must determine an amount under
30.1this subdivision, using available data about earnings, before determining the amount
30.2awarded under subdivision 9.
30.3EFFECTIVE DATE.This section is effective the day following final enactment
30.4and applies to students who graduate on or after January 1, 2009.
30.5 Sec. 20. Minnesota Statutes 2008, section 136A.127, subdivision 12, is amended to
30.6read:
30.7 Subd. 12. Availability of scholarship funds.A scholarship earned by a student
30.8is available for four years immediately following high school graduation. The office
30.9must certify to the commissioner of finance by October 1 of each year the amounts to be
30.10canceled from scholarship eligibility that have expired. Once a student has been awarded a
30.11scholarship under this section, the scholarship may be renewed for up to three consecutive
30.12award years of continuous enrollment in a degree, diploma, or certificate program at an
30.13eligible institution. The student must make satisfactory academic progress and have at
30.14least a cumulative 3.0 grade point average on a 4.0 scale for the first and subsequent award
30.15years of study to continue receiving a scholarship.
30.16EFFECTIVE DATE.This section is effective the day following final enactment
30.17and applies to students who graduate on or after January 1, 2009.
30.18 Sec. 21. Minnesota Statutes 2008, section 136A.127, subdivision 14, is amended to
30.19read:
30.20 Subd. 14. Evaluation report. By January 15 of eachodd-numbered year, the
30.21Office of Higher Education shall submit a report, to the committees of the legislature with
30.22jurisdiction over higher education finance and policy, regarding thesuccess of the program
30.23in increasing the enrollment of students in rigorous high school courses, including, at a
30.24minimum, the following information:
30.25 (1) the demographics of individuals participating in the program;
30.26(2) the grades scholarship recipients received for courses in the qualifying program
30.27under subdivision 2;
30.28(3) (2) the number of scholarship recipients who persisted at a postsecondary
30.29institution for a second year;
30.30(4) (3) the high schools attended by the program participants;
30.31(5) (4) the postsecondary institutions attended by the program participants;
30.32(6) (5) the academic performance of the students after enrolling in a postsecondary
30.33institution; and
31.1(7) (6) other information as identified determined by the director.
31.2 Sec. 22. Minnesota Statutes 2008, section 136A.1701, subdivision 10, is amended to
31.3read:
31.4 Subd. 10. Prohibition on use of state money. Except as provided in section
31.5136A.1787, subdivision 1, no money originating from state sources in the state treasury
31.6shall be made available for student loans under this section and all student loans shall be
31.7made from money originating from nonstate sources.
31.8 Sec. 23. [136A.1787] ANNUAL CERTIFICATE OF MINIMUM NEEDED FOR
31.9BUDGET.
31.10 Subdivision 1. Certification to governor. In order to ensure the payment of the
31.11principal of and interest on bonds and notes of the office and the continued maintenance of
31.12the loan capital fund under section 136A.1785, the office shall annually determine and
31.13certify to the governor, on or before December 1:
31.14(1) the amount, if any, then needed to restore the loan capital fund to the minimum
31.15amount required by a resolution or indenture relating to any bonds or notes of the office,
31.16not exceeding the maximum amount of principal and interest to become due and payable
31.17in any subsequent year on all bonds or notes which are then outstanding;
31.18(2) the amount, if any, determined by the office to be needed in the then immediately
31.19ensuing fiscal year, with other money pledged and estimated to be received during that
31.20year, for the payment of the principal and interest due and payable in that year on all then
31.21outstanding bonds and notes; and
31.22(3) the amount, if any, then needed to restore any debt service fund securing any
31.23outstanding bonds or notes of the office to the amount required in a resolution or indenture
31.24relating to such outstanding bonds or notes.
31.25 Subd. 2. Governor's budget. The governor shall include and submit the amounts
31.26certified by the office in accordance with this section to the legislature in the governor's
31.27budget for the following fiscal year, or in a supplemental budget if the regular budget for
31.28that year has previously been approved.
31.29 Sec. 24. Minnesota Statutes 2008, section 136A.87, is amended to read:
31.30136A.87 PLANNING INFORMATION FOR POSTSECONDARY
31.31EDUCATION.
31.32The office shall make available to all residentsfrom 8th beginning in 7th grade
31.33through adulthood information about planning and preparing for postsecondary
32.1opportunities. Information must be provided to all8th 7th grade students and their parents
32.2annually byJanuary 1 of each year September 30 about the need to plan planning for
32.3their postsecondary education. The office may also provide information to high school
32.4students and their parents, to adults, and to out-of-school youth. The information provided
32.5may include the following:
32.6(1) the need to start planning early;
32.7(2) the availability of assistance in educational planning from educational institutions
32.8and other organizations;
32.9(3) suggestions for studying effectively during high school;
32.10(4) high school courses necessary to be adequately prepared for postsecondary
32.11education;
32.12(5) encouragement to involve parents actively in planning for all phases of education;
32.13(6) information aboutpost-high school postsecondary education and training
32.14opportunities existing in the state, their respective missions and expectations for students,
32.15their preparation requirements, admission requirements, and student placement;
32.16(7) ways to evaluate and select postsecondary institutions;
32.17(8) the process of transferring credits among Minnesota postsecondary institutions
32.18and systems;
32.19(9) the costs of postsecondary education and the availability of financial assistance
32.20in meeting these costs, including specific information about the Minnesota promise and
32.21achieve scholarship program;
32.22(10) the interrelationship of assistance from student financial aid, public assistance,
32.23and job training programs; and
32.24(11) financial planning for postsecondary educationbeyond high school.
32.25 Sec. 25. Minnesota Statutes 2008, section 136F.02, subdivision 1, is amended to read:
32.26 Subdivision 1. Membership. The board consists of 15 members appointed by the
32.27governor, including three members who are students who have attended an institution for
32.28at least one year and are currently enrolled at least half time in a degree, diploma, or
32.29certificate program in an institution governed by the board. The student members shall
32.30include one member from a community college, one member from a state university, and
32.31one member from a technical college. One member representing labor must be appointed
32.32after considering the recommendations made under section136F.045 . The governor
32.33is not bound by the recommendations. Appointments to the board are with the advice
32.34and consent of the senate. At least one member of the board must be a resident of each
32.35congressional district. All other members must be appointed to represent the state at large.
33.1In selecting appointees, the governor must consider the needs of the board of trustees and
33.2the balance of the board membership with respect to labor and business representation
33.3and racial, gender, geographic, and ethnic composition.
33.4A commissioner of a state agency may not serve as a member of the board.
33.5EFFECTIVE DATE.This section is effective the day following final enactment,
33.6except that a commissioner serving on the board of trustees on the effective date may
33.7continue to serve for the remainder of a current term of appointment to the board.
33.8 Sec. 26. Minnesota Statutes 2008, section 136F.03, subdivision 4, is amended to read:
33.9 Subd. 4. Recommendations. Except for seats filled under sections136F.04 and
33.10136F.045
, the advisory council shall recommend at least two and not more than four
33.11candidates for each seat. By April 15 of each even-numbered year in which the governor
33.12makes appointments to the board, the advisory council shall submit its recommendations
33.13to the governor and to the chairs and ranking minority members of the legislative
33.14committees with primary jurisdiction over higher education policy and finance. The
33.15governor is not bound by these recommendations.
33.16 Sec. 27. Minnesota Statutes 2008, section 136F.04, subdivision 4, is amended to read:
33.17 Subd. 4. Recommendations. Each student association shall recommend at least two
33.18and not more than four candidates for its student member. By April 15 of the year in which
33.19its members' term expires, each student association shall submit its recommendations to
33.20the governor and to the chairs and ranking minority members of the legislative committees
33.21with primary jurisdiction over higher education policy and finance. The governor is not
33.22bound by these recommendations.
33.23 Sec. 28. Minnesota Statutes 2008, section 136F.045, is amended to read:
33.24136F.045 LABOR ORGANIZATION BOARD MEMBER SELECTION
33.25PROCESS.
33.26 The Minnesota AFL-CIO shall recruit and screen qualified labor candidates to
33.27be recommended to the governor for appointment to the board. The organization must
33.28develop a process for selecting candidates, and a statement of selection criteria for board
33.29membership that is consistent with the requirements under section136F.02, subdivision 1 .
33.30The organization must recommend at least two and no more than four candidates to the
33.31governor beginning in 2010 and every six years thereafter. Recommendations must be
33.32made to the governor and to the chairs and ranking minority members of the legislative
34.1committees with primary jurisdiction over higher education policy and finance by April 15
34.2of the year in which the governor makes appointments to the board. The governor is not
34.3bound by the recommendations.
34.4 Sec. 29. Minnesota Statutes 2008, section 136F.19, subdivision 1, is amended to read:
34.5 Subdivision 1. Establishment. The boardshall may establish and operate through
34.6each campus a power of you program at Metropolitan State University, Minneapolis
34.7Community and Technical College, and St. Paul College. The program shall, to the
34.8extent of available funding, make grants to eligible students. Each campus shall develop
34.9partnerships with high schools and school districts as part of the program. The board may
34.10accept and expend private funding for the program.
34.11 Sec. 30. Minnesota Statutes 2008, section 136F.31, is amended to read:
34.12136F.31 CENTERS OF EXCELLENCE.
34.13 Subdivision 1. Board designation. The boardmust may designate at least three and
34.14up to eight different program centers of excellence. The board must determine the form
34.15and required information contained in applications from member institutions.
34.16 Subd. 2. Center selection criteria. The board must select programs based on
34.17institutional proposals demonstrating:
34.18(1) the capacity to build multistate regional or national recognition of the program
34.19within five years;
34.20(2) a commitment to expanding the influence of the center to improve results in
34.21related programs in participating institutions;
34.22(3) the capacity to improve employment placement and income expectations of
34.23graduates from the program;
34.24(4) a strong partnership between a four-year and at least one two-year institution that
34.25maximizes the leverage of academic and training capacities in each institution;
34.26(5) a comprehensive academic plan that includes a seamless continuum of academic
34.27offerings in the program area that supports career development at multiple levels in related
34.28employment fields;
34.29(6) a specific development plan that includes a description of how the institution
34.30will pursue continuous improvement and accountability;
34.31(7)identified commitments from employers that include measurable financial and
34.32programmatic commitment to the center of excellence on the part of employers who
34.33will benefit from the development of the center. A center for teacher education must
34.34demonstrate support from local school districts;
35.1(8) a commitment from the institution that the new designated funding will not
35.2supplant current budgets from related programs;
35.3(9) a strong existing program upon which the proposed center will build; and
35.4(10) a separate fund for donations dedicated for the program within current
35.5institutional foundations.
35.6The board may adopt additional criteria that promote general goals of the centers.
35.7The board shall give priority to programs that integrate the academic and training outcomes
35.8of the center with business clusters that have a significant multiplier effect on the state's
35.9economy based on projections of job, income, or general economic growth. The board
35.10shall consult with the Department of Employment and Economic Development to identify
35.11these clusters and the potential economic impact of developing a center for excellence.
35.12 Subd. 3. Advisory committee and reports required. A center of excellence must
35.13create an advisory committee representing local, statewide, and national leaders in the
35.14field. By January 15 of eachodd-numbered year, each designated center must provide
35.15a report to the governor and the chairs of committees of the legislature with jurisdiction
35.16over higher education finance, that includes annual and integrated data on program
35.17enrollment, student demographics, student admission data, endowment growth, graduation
35.18rates, graduation outcomes, employer involvement, indicators of student or graduate
35.19employment success, and other outcomes as determined by the board. After a center
35.20has been in existence for three years, the report must include measures of the program's
35.21impact on the local economy.
35.22 Sec. 31. [136F.37] JOB PLACEMENT IMPACT ON PROGRAM REVIEW;
35.23INFORMATION TO STUDENTS.
35.24The board must assess labor market data when conducting college program reviews.
35.25The board must require a college to enroll no more than the approximate number of
35.26students in a technical or occupational program that the labor market data indicates have
35.27a reasonable likelihood of obtaining a job in the program field of study. A college must
35.28provide prospective students with the job placement rate for graduates of technical and
35.29occupational programs offered at a college.
35.30 Sec. 32. Minnesota Statutes 2008, section 137.0245, subdivision 2, is amended to read:
35.31 Subd. 2. Membership. The Regent Candidate Advisory Council shall consist of
35.3224 members. Twelve members shall be appointed by the Subcommittee on Committees
35.33of the Committee on Rules and Administration of the senate. Twelve members shall
35.34be appointed by the speaker of the house. Each appointing authority must appoint one
36.1member who is a student enrolled in a degree program at the University of Minnesota at
36.2the time of appointment. No more than one-third of the members appointed by each
36.3appointing authority may be current or former legislators. No more than two-thirds of the
36.4members appointed by each appointing authority may belong to the same political party;
36.5however, political activity or affiliation is not required for the appointment of any member.
36.6Geographical representation must be taken into consideration when making appointments.
36.7Section15.0575 shall govern the advisory council, except that:
36.8(1) the members shall be appointed to six-year terms with one-third appointed each
36.9even-numbered year; and
36.10(2) student members are appointed to two-year terms with two students appointed
36.11each even-numbered year.
36.12A member may not serve more than two full terms.
36.13EFFECTIVE DATE.This section is effective the day following final enactment
36.14and applies to members serving on the council on that date, although those members may
36.15serve out the remainder of their current terms.
36.16 Sec. 33. Minnesota Statutes 2008, section 137.0246, subdivision 2, is amended to read:
36.17 Subd. 2. Regent nomination joint committee. (a) The joint legislative committee
36.18consists of the members of the higher education budget and policy divisions in each house
36.19of the legislature. The chairs of the divisions from each body shall be cochairs of the
36.20joint legislative committee. A majority of the members from each house is a quorum of
36.21the joint committee.
36.22 (b) By February 28 of each odd-numbered year, or at a date agreed to by concurrent
36.23resolution, the joint legislative committee shall meet to consider the advisory council's
36.24recommendations for regent of the University of Minnesota for possible presentation to a
36.25joint convention of the legislature.
36.26 (c) The joint committee may recommend to the joint convention candidates
36.27recommended by the advisory council and the other candidates nominated by the joint
36.28committee. A candidate other than those recommended by the advisory council may be
36.29nominated for consideration by the joint committee only if the nomination receives the
36.30support of at least three house of representatives members of the committee and two
36.31senate members of the committee. A candidate must receive a majority vote of members
36.32from the house of representatives and from the senate on the joint committee to be
36.33recommended to the joint convention. The joint committee may recommend no more than
36.34one candidate for each vacancy. In recommending nominees, the joint committee must
37.1consider the needs of the board of regents and the balance of the board membership with
37.2respect to gender, racial, and ethnic composition.
37.3(d) The joint committee must meet twice, approximately one week apart. The first
37.4meeting is for the purpose of interviewing candidates and recommending candidates for
37.5the joint committee to consider. The second meeting is for the purpose of voting for
37.6candidates for recommendation to the joint convention.
37.7 Sec. 34. Minnesota Statutes 2008, section 137.025, subdivision 1, is amended to read:
37.8 Subdivision 1. Appropriations not for buildings. The commissioner of finance
37.9shall payno money to the University of Minnesota pursuant to a direct appropriation, other
37.10than an appropriation for buildings, until the university first certifies to the commissioner
37.11of finance that its aggregate balances in the temporary investment pool, cash, or separate
37.12investments, resulting from all state maintenance and special appropriations do not
37.13exceed $7,000,000, or any other amount specified in the act making the appropriation,
37.14plus one-third of all tuition and fee payments from the previous fiscal year. Upon this
37.15certification, 1/12 of the annual appropriation to the university shall be paid at the
37.16beginning University of Minnesota on the 21st day of each month. Additional payments
37.17shall be made by the commissioner of finance whenever the state appropriations and
37.18tuition aggregate balances in the temporary investment pool, cash, or separate investments
37.19are reduced below the indicated levels If the 21st day of the month falls on a Saturday
37.20or Sunday, the monthly payment must be made on the first business day immediately
37.21following the 21st day of the month.
37.22 Sec. 35. Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:
37.23 Subd. 3. Election day registration. (a) An individual who is eligible to vote may
37.24register on election day by appearing in person at the polling place for the precinct in
37.25which the individual maintains residence, by completing a registration application, making
37.26an oath in the form prescribed by the secretary of state and providing proof of residence.
37.27An individual may prove residence for purposes of registering by:
37.28 (1) presenting a driver's license or Minnesota identification card issued pursuant
37.29to section171.07 ;
37.30 (2) presenting any document approved by the secretary of state as proper
37.31identification;
37.32 (3) presenting one of the following:
37.33 (i) a current valid student identification card from a postsecondary educational
37.34institution in Minnesota, if a list of students from that institution has been prepared under
38.1section135A.17 and certified to the county auditor or in the manner provided in rules of
38.2the secretary of state; or
38.3 (ii) a current student fee statement that contains the student's valid address in the
38.4precinct together with a picture identification card; or
38.5 (4) having a voter who is registered to vote in the precinct, or who is an employee
38.6employed by and working in a residential facility in the precinct and vouching for a
38.7resident in the facility, sign an oath in the presence of the election judge vouching that the
38.8voter or employee personally knows that the individual is a resident of the precinct. A
38.9voter who has been vouched for on election day may not sign a proof of residence oath
38.10vouching for any other individual on that election day. A voter who is registered to vote in
38.11the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
38.12does not apply to an employee of a residential facility described in this clause. The
38.13secretary of state shall provide a form for election judges to use in recording the number
38.14of individuals for whom a voter signs proof-of-residence oaths on election day. The
38.15form must include space for the maximum number of individuals for whom a voter may
38.16sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
38.17a statement that the voter is registered to vote in the precinct, personally knows that the
38.18individual is a resident of the precinct, and is making the statement on oath. The form must
38.19include a space for the voter's printed name, signature, telephone number, and address.
38.20 The oath required by this subdivision and Minnesota Rules, part8200.9939 , must be
38.21attached to the voter registration application.
38.22 (b) The operator of a residential facility shall prepare a list of the names of its
38.23employees currently working in the residential facility and the address of the residential
38.24facility. The operator shall certify the list and provide it to the appropriate county auditor
38.25no less than 20 days before each election for use in election day registration.
38.26 (c) "Residential facility" means transitional housing as defined in section256E.33,
38.27subdivision 1 ; a supervised living facility licensed by the commissioner of health under
38.28section144.50, subdivision 6 ; a nursing home as defined in section
144A.01, subdivision
38.295 ; a residence registered with the commissioner of health as a housing with services
38.30establishment as defined in section144D.01, subdivision 4 ; a veterans home operated by
38.31the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
38.32licensed by the commissioner of human services to provide a residential program as
38.33defined in section245A.02, subdivision 14 ; a residential facility for persons with a
38.34developmental disability licensed by the commissioner of human services under section
38.35252.28
; group residential housing as defined in section
256I.03, subdivision 3 ; a shelter
38.36for battered women as defined in section611A.37, subdivision 4 ; or a supervised
39.1publicly or privately operated shelter or dwelling designed to provide temporary living
39.2accommodations for the homeless.
39.3 (d) For tribal band members, an individual may prove residence for purposes of
39.4registering by:
39.5 (1) presenting an identification card issued by the tribal government of a tribe
39.6recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
39.7contains the name, address, signature, and picture of the individual; or
39.8 (2) presenting an identification card issued by the tribal government of a tribe
39.9recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
39.10contains the name, signature, and picture of the individual and also presenting one of the
39.11documents listed in Minnesota Rules, part8200.5100 , subpart 2, item B.
39.12 (e) A county, school district, or municipality may require that an election judge
39.13responsible for election day registration initial each completed registration application.
39.14 Sec. 36. Minnesota Statutes 2008, section 299A.45, subdivision 1, is amended to read:
39.15 Subdivision 1. Eligibility. A person is eligible to receive educational benefits under
39.16this section if the person:
39.17 (1) is certified under section299A.44 and in compliance with this section and rules
39.18of the commissioner of public safety and the Minnesota Office of Higher Education;
39.19 (2) is enrolled in an undergraduate degree or certificate program after June 30,
39.201990, at an eligible Minnesota institution as provided in section136A.101, subdivision
39.214 , or at a public postsecondary institution in another state that is subject to a reciprocity
39.22agreement executed under section 136A.08;
39.23 (3) has not received a baccalaureate degree or been enrolled full time for ten
39.24semesters or the equivalent, except that a student who withdraws from enrollment for
39.25active military service is entitled to an additional semester or the equivalent of eligibility;
39.26and
39.27 (4) is related in one of the following ways to a public safety officer killed in the
39.28line of duty on or after January 1, 1973:
39.29 (i) as a dependent child less than 23 years of age;
39.30 (ii) as a surviving spouse; or
39.31 (iii) as a dependent child less than 30 years of age who has served on active military
39.32duty 181 consecutive days or more and has been honorably discharged or released to the
39.33dependent child's reserve or National Guard unit.
39.34EFFECTIVE DATE.This section is effective the day following final enactment
39.35and applies retroactively to July 1, 2008.
40.1 Sec. 37. SYSTEM IMPROVEMENTS; MINNESOTA STATE COLLEGES AND
40.2UNIVERSITIES.
40.3The Board of Trustees of the Minnesota State Colleges and Universities is
40.4encouraged to place a priority on identifying and implementing measures to improve the
40.5human resources system used by the Minnesota State Colleges and Universities. One of
40.6the goals of improving the human resources system is to provide seamless information on
40.7faculty and employees to facilitate transfers between institutions.
40.8 Sec. 38. IMPLEMENTATION OF TEXTBOOK INFORMATION
40.9REQUIREMENTS.
40.10The Minnesota Office of Higher Education must report to the committees of
40.11the legislature responsible for higher education finance by January 15, 2010, on the
40.12implementation of textbook information requirements under United States Code, title 20,
40.13section 1015b, effective July 1, 2010. In preparing the report, the office must work with
40.14representatives of textbook publishers, the Student Advisory Council, Minnesota State
40.15Colleges and Universities, the University of Minnesota, and the Private College Council.
40.16At a minimum, the report must include a template that publishers may use to provide
40.17the required information in a consistent format to all Minnesota campuses, and make
40.18recommendations for methods to disseminate pricing information to support students and
40.19faculty in making well informed decisions about course materials.
40.20 Sec. 39. ACHIEVE SCHOLARSHIP FOR STUDENTS ELIGIBLE PRIOR TO
40.21JANUARY 1, 2008.
40.22A student who met the eligibility requirements for the achieve scholarship program
40.23that existed prior to January 1, 2009, and who meets the requirements of Minnesota
40.24Statutes, section 136A.127, that are effective for students who graduate on or after January
40.251, 2009, may receive a scholarship award under Minnesota Statutes, section 136A.127, for
40.26an additional three consecutive award years of continuous college enrollment.
40.27A student who met the requirements to receive an achieve scholarship prior to
40.28January 1, 2009, but did not receive the scholarship award and does not meet the eligibility
40.29requirements on or after January 1, 2009, may be awarded a onetime scholarship of
40.30$1,200. This section expires on December 31, 2012.
40.31 Sec. 40. TEACHER EDUCATION REPORT.
40.32The Minnesota Office of Higher Education must examine and evaluate innovative
40.33teacher education programs and teacher education research, and develop a plan to reform
41.1teacher education and improve the effectiveness of teachers in the classroom. The plan
41.2must include, at a minimum, proposals to:
41.3(1) increase admission requirements for students applying to teacher education
41.4programs;
41.5(2) develop teacher education preparation program curriculum that will prepare
41.6prospective teachers to teach an increasingly diverse student population;
41.7(3) provide opportunities for mid-career professionals employed in professions in
41.8which there is a shortage of teachers to pursue a teaching career;
41.9(4) enhance the ability of teachers to use technology in the classroom; and
41.10(5) ensure that all students will be ready for college or employment in high-paying
41.11jobs following graduation from high school.
41.12The office must consult with the Minnesota Department of Education, the University
41.13of Minnesota, Minnesota State Colleges and Universities, Minnesota Association of
41.14Colleges for Teacher Education, the Bush Foundation, labor organizations representing
41.15teachers, and the Woodrow Wilson Foundation in developing the plan and submit a report
41.16to the committees of the legislature with primary jurisdiction over higher education
41.17policy and finance on the findings and recommendations regarding the reform of teacher
41.18education in the state. The report must be submitted to the legislative committees by
41.19December 15, 2009.
41.20 Sec. 41. ORGANIZATIONAL DEADLINES FOR P-20 PARTNERSHIP.
41.21The appointing authorities under Minnesota Statutes, section 127A.70, shall
41.22complete their appointments no later than September 1, 2009. The chairs of the P-16
41.23partnership shall convene the first meeting of the P-20 partnership no later than October
41.241, 2009.
41.25 Sec. 42. REPEALER.
41.26Minnesota Statutes 2008, section 136A.127, subdivisions 8 and 13, are repealed.
41.29 Section 1. Minnesota Statutes 2008, section 150A.01, is amended by adding a
41.30subdivision to read:
41.31 Subd. 6b. Oral health practitioner. "Oral health practitioner" means a person
41.32licensed under this chapter to perform the services authorized under section 150A.105 or
41.33any other services authorized under this chapter.
42.1 Sec. 2. Minnesota Statutes 2008, section 150A.01, is amended by adding a subdivision
42.2to read:
42.3 Subd. 6c. Dental therapist. "Dental therapist" means a person licensed under this
42.4chapter to perform the services authorized under section 150A.106 or any other services
42.5authorized under this chapter.
42.6 Sec. 3. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
42.7to read:
42.8 Subd. 1b. Practice of oral health practitioners. A person shall be deemed to be
42.9practicing as an oral health practitioner within the meaning of this chapter who:
42.10(1) works under the supervision of a Minnesota-licensed dentist under a collaborative
42.11management agreement as specified under section 150A.105;
42.12(2) practices in settings that serve low-income, uninsured, and underserved patients
42.13or are located in dental health professional shortage areas; and
42.14(3) provides oral health care services, including preventive, primary diagnostic,
42.15educational, palliative, therapeutic, and restorative services as authorized under section
42.16150A.105 and within the context of a collaborative management agreement.
42.17 Sec. 4. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
42.18to read:
42.19 Subd. 1c. Practice of dental therapy. A person shall be deemed to be practicing
42.20dental therapy within the meaning of sections 150A.01 to 150A.12 who:
42.21 (1) works under the supervision of a Minnesota-licensed dentist as specified under
42.22section 150A.106;
42.23 (2) practices in settings that serve low-income and underserved patients or are
42.24located in dental health professional shortage areas; and
42.25 (3) provides oral health care services, including preventive, evaluative, and
42.26educational services as authorized under section 150A.106 and within the context of
42.27a collaborative management agreement.
42.28 Sec. 5. Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
42.29 Subd. 2. Exemptions and exceptions of certain practices and operations.
42.30Sections150A.01 to
150A.12 do not apply to:
42.31(1) the practice of dentistry or dental hygiene in any branch of the armed services of
42.32the United States, the United States Public Health Service, or the United States Veterans
42.33Administration;
43.1(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate
43.2dental students, oral health practitioner students, dental therapy students, dental hygiene
43.3students, and dental assisting students of the University of Minnesota, schools of dental
43.4hygiene, schools with an oral health practitioner education program accredited under
43.5section 150A.06, schools with a dental therapy education program, or schools of dental
43.6assisting approved by the board, when acting under the direction and supervision of a
43.7licensed dentist, a licensed oral health practitioner, a licensed dental therapist, or a licensed
43.8dental hygienist acting as an instructor;
43.9(3) the practice of dentistry by licensed dentists of other states or countries while
43.10appearing as clinicians under the auspices of a duly approved dental school or college, or a
43.11reputable dental society, or a reputable dental study club composed of dentists;
43.12(4) the actions of persons while they are taking examinations for licensure or
43.13registration administered or approved by the board pursuant to sections150A.03,
43.14subdivision 1 , and
150A.06, subdivisions 1, 2, and 2a ;
43.15(5) the practice of dentistry by dentists and dental hygienists licensed by other states
43.16during their functioning as examiners responsible for conducting licensure or registration
43.17examinations administered by regional and national testing agencies with whom the
43.18board is authorized to affiliate and participate under section150A.03, subdivision 1 ,
43.19and the practice of dentistry by the regional and national testing agencies during their
43.20administering examinations pursuant to section150A.03, subdivision 1 ;
43.21(6) the use of X-rays or other diagnostic imaging modalities for making radiographs
43.22or other similar records in a hospital under the supervision of a physician or dentist or
43.23by a person who is credentialed to use diagnostic imaging modalities or X-ray machines
43.24for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing
43.25agency other than the Board of Dentistry; or
43.26(7) the service, other than service performed directly upon the person of a patient, of
43.27constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
43.28splint, orthodontic, prosthetic, or other dental appliance, when performed according to
43.29a written work order from a licensed dentist or a licensed oral health practitioner in
43.30accordance with section150A.10, subdivision 3 .
43.31 Sec. 6. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
43.32to read:
43.33 Subd. 1d. Oral health practitioners. A person of good moral character who has
43.34graduated with a baccalaureate degree or a master's degree from an oral health practitioner
43.35education program that has been approved by the board or accredited by the American
44.1Dental Association Commission on Dental Accreditation or another board-approved
44.2national accreditation organization may apply for licensure.
44.3The applicant must submit an application and fee as prescribed by the board and a
44.4diploma or certificate from an oral health practitioner education program. Prior to being
44.5licensed, the applicant must pass a comprehensive, competency-based clinical examination
44.6that is approved by the board and administered independently of an institution providing
44.7oral health practitioner education. The applicant must also pass an examination testing
44.8the applicant's knowledge of the Minnesota laws and rules relating to the practice of
44.9dentistry. An applicant who has failed the clinical examination twice is ineligible to retake
44.10the clinical examination until further education and training are obtained as specified by
44.11the board. A separate, nonrefundable fee may be charged for each time a person applies.
44.12An applicant who passes the examination in compliance with subdivision 2b, abides by
44.13professional ethical conduct requirements, and meets all the other requirements of the
44.14board shall be licensed as an oral health practitioner.
44.15 Sec. 7. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
44.16to read:
44.17 Subd. 1e. Dental therapists. A person of good moral character who has graduated
44.18from a dental therapy education program in a dental school or dental college accredited
44.19by the American Dental Association Commission on Dental Accreditation may apply
44.20for licensure.
44.21 The applicant must submit an application and fee as prescribed by the board and a
44.22diploma or certificate from a dental therapy education program. Prior to being licensed,
44.23the applicant must pass a comprehensive, competency-based clinical examination that is
44.24approved by the board and administered independently of an institution providing dental
44.25therapy education. The applicant must also pass an examination testing the applicant's
44.26knowledge of the laws of Minnesota relating to the practice of dentistry and of the rules of
44.27the board. An applicant is ineligible to retake the clinical examination required by the
44.28board after failing it twice until further education and training are obtained as specified by
44.29board rule. A separate, nonrefundable fee may be charged for each time a person applies.
44.30An applicant who passes the examination in compliance with subdivision 2b, abides by
44.31professional ethical conduct requirements, and meets all the other requirements of the
44.32board shall be licensed as a dental therapist.
44.33 Sec. 8. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
44.34to read:
45.1 Subd. 1f. Resident dental providers. A person who is a graduate of an
45.2undergraduate program and is an enrolled graduate student of an advanced dental
45.3education program shall obtain from the board a license to practice as a resident dental
45.4hygienist or oral health practitioner. The license must be designated "resident dental
45.5provider license" and authorizes the licensee to practice only under the supervision of a
45.6licensed dentist or licensed oral health practitioner. A resident dental provider license
45.7must be renewed annually by the board. An applicant for a resident dental provider license
45.8shall pay a nonrefundable fee set by the board for issuing and renewing the license. The
45.9requirements of sections150A.01 to
150A.21 apply to resident dental providers except as
45.10specified in rules adopted by the board. A resident dental provider license does not qualify
45.11a person for licensure under subdivision 1d or 2.
45.12 Sec. 9. Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
45.13 Subd. 2d. Continuing education and professional development waiver. (a) The
45.14board shall grant a waiver to the continuing education requirements under this chapter for
45.15a licensed dentist, licensed oral health practitioner, a licensed dental therapist, licensed
45.16dental hygienist, or registered dental assistant who documents to the satisfaction of the
45.17board that the dentist, oral health practitioner, a dental therapist, dental hygienist, or
45.18registered dental assistant has retired from active practice in the state and limits the
45.19provision of dental care services to those offered without compensation in a public
45.20health, community, or tribal clinic or a nonprofit organization that provides services to
45.21the indigent or to recipients of medical assistance, general assistance medical care, or
45.22MinnesotaCare programs.
45.23(b) The board may require written documentation from the volunteer and retired
45.24dentist, oral health practitioner, a dental therapist, dental hygienist, or registered dental
45.25assistant prior to granting this waiver.
45.26(c) The board shall require the volunteer and retired dentist, oral health practitioner,
45.27dental therapist, dental hygienist, or registered dental assistant to meet the following
45.28requirements:
45.29(1) a licensee or registrant seeking a waiver under this subdivision must complete
45.30and document at least five hours of approved courses in infection control, medical
45.31emergencies, and medical management for the continuing education cycle; and
45.32(2) provide documentation of certification in advanced or basic cardiac life support
45.33recognized by the American Heart Association, the American Red Cross, or an equivalent
45.34entity.
46.1 Sec. 10. Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
46.2 Subd. 5. Fraud in securing licenses or registrations. Every person implicated
46.3in employing fraud or deception in applying for or securing a license or registration to
46.4practice dentistry, dental hygiene,or dental therapy, or dental assisting, or as an oral health
46.5practitioner or in annually renewing a license or registration under sections150A.01 to
46.6150A.12
is guilty of a gross misdemeanor.
46.7 Sec. 11. Minnesota Statutes 2008, section 150A.06, subdivision 6, is amended to read:
46.8 Subd. 6. Display of name and certificates. The initial license and subsequent
46.9renewal, or current registration certificate, of every dentist, oral health practitioner, a dental
46.10therapist, dental hygienist, or dental assistant shall be conspicuously displayed in every
46.11office in which that person practices, in plain sight of patients. Near or on the entrance
46.12door to every office where dentistry is practiced, the name of each dentist practicing there,
46.13as inscribed on the current license certificate, shall be displayed in plain sight.
46.14 Sec. 12. Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:
46.15 Subdivision 1. Grounds. The board may refuse or by order suspend or revoke, limit
46.16or modify by imposing conditions it deems necessary,any the license to practice dentistry
46.17or dental hygiene of a dentist, oral health practitioner, dental therapist, or dental hygienist,
46.18or the registration of any dental assistant upon any of the following grounds:
46.19(1) fraud or deception in connection with the practice of dentistry or the securing of
46.20a license or registration certificate;
46.21(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
46.22contest plea, in any court of a felony or gross misdemeanor reasonably related to the
46.23practice of dentistry as evidenced by a certified copy of the conviction;
46.24(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a
46.25no contest plea, in any court of an offense involving moral turpitude as evidenced by a
46.26certified copy of the conviction;
46.27(4) habitual overindulgence in the use of intoxicating liquors;
46.28(5) improper or unauthorized prescription, dispensing, administering, or personal
46.29or other use of any legend drug as defined in chapter 151, of any chemical as defined in
46.30chapter 151, or of any controlled substance as defined in chapter 152;
46.31(6) conduct unbecoming a person licensed to practice dentistry, dental therapy,
46.32or dental hygiene or as an oral health practitioner or registered as a dental assistant, or
46.33conduct contrary to the best interest of the public, as such conduct is defined by the rules
46.34of the board;
47.1(7) gross immorality;
47.2(8) any physical, mental, emotional, or other disability which adversely affects a
47.3dentist's, oral health practitioner's, dental therapist's, dental hygienist's, or registered dental
47.4assistant's ability to perform the service for which the person is licensed or registered;
47.5(9) revocation or suspension of a license, registration, or equivalent authority to
47.6practice, or other disciplinary action or denial of a license or registration application taken
47.7by a licensing, registering, or credentialing authority of another state, territory, or country
47.8as evidenced by a certified copy of the licensing authority's order, if the disciplinary action
47.9or application denial was based on facts that would provide a basis for disciplinary action
47.10under this chapter and if the action was taken only after affording the credentialed person
47.11or applicant notice and opportunity to refute the allegations or pursuant to stipulation
47.12or other agreement;
47.13(10) failure to maintain adequate safety and sanitary conditions for a dental office in
47.14accordance with the standards established by the rules of the board;
47.15(11) employing, assisting, or enabling in any manner an unlicensed person to
47.16practice dentistry;
47.17(12) failure or refusal to attend, testify, and produce records as directed by the board
47.18under subdivision 7;
47.19(13) violation of, or failure to comply with, any other provisions of sections150A.01
47.20to150A.12 , the rules of the Board of Dentistry, or any disciplinary order issued by the
47.21board, sections144.291 to 144.298 or
595.02, subdivision 1 , paragraph (d), or for any
47.22other just cause related to the practice of dentistry. Suspension, revocation, modification
47.23or limitation of any license shall not be based upon any judgment as to therapeutic or
47.24monetary value of any individual drug prescribed or any individual treatment rendered,
47.25but only upon a repeated pattern of conduct;
47.26(14) knowingly providing false or misleading information that is directly related
47.27to the care of that patient unless done for an accepted therapeutic purpose such as the
47.28administration of a placebo; or
47.29(15) aiding suicide or aiding attempted suicide in violation of section609.215 as
47.30established by any of the following:
47.31(i) a copy of the record of criminal conviction or plea of guilty for a felony in
47.32violation of section609.215, subdivision 1 or 2;
47.33(ii) a copy of the record of a judgment of contempt of court for violating an
47.34injunction issued under section609.215, subdivision 4 ;
47.35(iii) a copy of the record of a judgment assessing damages under section609.215,
47.36subdivision 5 ; or
48.1(iv) a finding by the board that the person violated section609.215, subdivision
48.21 or 2. The board shall investigate any complaint of a violation of section
609.215,
48.3subdivision 1 or 2.
48.4 Sec. 13. Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
48.5 Subd. 3a. Costs; additional penalties. (a) The board may impose a civil penalty
48.6not exceeding $10,000 for each separate violation, the amount of the civil penalty to
48.7be fixed so as to deprive a licensee or registrant of any economic advantage gained by
48.8reason of the violation, to discourage similar violations by the licensee or registrant or any
48.9other licensee or registrant, or to reimburse the board for the cost of the investigation and
48.10proceeding, including, but not limited to, fees paid for services provided by the Office of
48.11Administrative Hearings, legal and investigative services provided by the Office of the
48.12Attorney General, court reporters, witnesses, reproduction of records, board members'
48.13per diem compensation, board staff time, and travel costs and expenses incurred by board
48.14staff and board members.
48.15(b) In addition to costs and penalties imposed under paragraph (a), the board may
48.16also:
48.17(1) order the dentist, oral health practitioner, dental therapist, dental hygienist, or
48.18dental assistant to provide unremunerated service;
48.19(2) censure or reprimand the dentist, oral health practitioner, dental therapist, dental
48.20hygienist, or dental assistant; or
48.21(3) any other action as allowed by law and justified by the facts of the case.
48.22 Sec. 14. Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
48.23 Subd. 5. Medical examinations. If the board has probable cause to believe that
48.24a dentist, oral health practitioner, dental therapist, dental hygienist, registered dental
48.25assistant, or applicant engages in acts described in subdivision 1, clause (4) or (5), or
48.26has a condition described in subdivision 1, clause (8), it shall direct the dentist, oral
48.27health practitioner, dental therapist, dental hygienist, assistant, or applicant to submit to a
48.28mental or physical examination or a chemical dependency assessment. For the purpose
48.29of this subdivision, every dentist, oral health practitioner, dental therapist, hygienist, or
48.30assistant licensed or registered under this chapter or person submitting an application for a
48.31license or registration is deemed to have given consent to submit to a mental or physical
48.32examination when directed in writing by the board and to have waived all objections
48.33in any proceeding under this section to the admissibility of the examining physician's
48.34testimony or examination reports on the ground that they constitute a privileged
49.1communication. Failure to submit to an examination without just cause may result in an
49.2application being denied or a default and final order being entered without the taking of
49.3testimony or presentation of evidence, other than evidence which may be submitted by
49.4affidavit, that the licensee, registrant, or applicant did not submit to the examination.
49.5A dentist, oral health practitioner, dental therapist, dental hygienist, registered dental
49.6assistant, or applicant affected under this section shall at reasonable intervals be afforded
49.7an opportunity to demonstrate ability to start or resume the competent practice of dentistry
49.8or perform the duties ofa an oral health practitioner, dental therapist, dental hygienist, or
49.9registered dental assistant with reasonable skill and safety to patients. In any proceeding
49.10under this subdivision, neither the record of proceedings nor the orders entered by the
49.11board is admissible, is subject to subpoena, or may be used against the dentist, oral health
49.12practitioner, dental therapist, dental hygienist, registered dental assistant, or applicant in
49.13any proceeding not commenced by the board. Information obtained under this subdivision
49.14shall be classified as private pursuant to the Minnesota Government Data Practices Act.
49.15 Sec. 15. Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
49.16 Subdivision 1. Registration information and procedure. On or before the license
49.17or registration certificate expiration date every licensed dentist, oral health practitioner,
49.18dental therapist, dental hygienist, and registered dental assistant shall transmit to the
49.19executive secretary of the board, pertinent information required by the board, together
49.20with the fee established by the board. At least 30 days before a license or registration
49.21certificate expiration date, the board shall send a written notice stating the amount and due
49.22date of the fee and the information to be provided to every licensed dentist, oral health
49.23practitioner, dental therapist, dental hygienist, and registered dental assistant.
49.24 Sec. 16. Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
49.25 Subd. 3. Current address, change of address. Every dentist, oral health
49.26practitioner, dental therapist, dental hygienist, and registered dental assistant shall
49.27maintain with the board a correct and current mailing address. For dentists engaged in the
49.28practice of dentistry, the address shall be that of the location of the primary dental practice.
49.29Within 30 days after changing addresses, every dentist, oral health practitioner, dental
49.30therapist, dental hygienist, and registered dental assistant shall provide the board written
49.31notice of the new address either personally or by first class mail.
49.32 Sec. 17. Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
50.1 Subd. 2. Application fees. Each applicant for licensure or registration shall submit
50.2with a license or registration application a nonrefundable fee in the following amounts in
50.3order to administratively process an application:
50.4(1) dentist, $140;
50.5(2) limited faculty dentist, $140;
50.6(3) resident dentist, $55;
50.7(4) oral health practitioner, $100;
50.8 (5) dental therapist, $100;
50.9(6) dental hygienist, $55;
50.10(5) (7) registered dental assistant, $35; and
50.11(6) (8) dental assistant with a limited registration, $15.
50.12 Sec. 18. Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
50.13 Subd. 3. Initial license or registration fees. Along with the application fee, each of
50.14the following licensees or registrants shall submit a separate prorated initial license or
50.15registration fee. The prorated initial fee shall be established by the board based on the
50.16number of months of the licensee's or registrant's initial term as described in Minnesota
50.17Rules, part 3100.1700, subpart 1a, not to exceed the following monthly fee amounts:
50.18(1) dentist, $14 times the number of months of the initial term;
50.19(2) oral health practitioner, $10 times the number of months of initial term;
50.20 (3) dental therapist, $10 times the number of months of initial term;
50.21(4) dental hygienist, $5 times the number of months of the initial term;
50.22(3) (5) registered dental assistant, $3 times the number of months of initial term; and
50.23(4) (6) dental assistant with a limited registration, $1 times the number of months
50.24of the initial term.
50.25 Sec. 19. Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
50.26 Subd. 5. Biennial license or registration fees. Each of the following licensees or
50.27registrants shall submit with a biennial license or registration renewal application a fee as
50.28established by the board, not to exceed the following amounts:
50.29(1) dentist, $336;
50.30(2) oral health practitioner, $240;
50.31 (3) dental therapist, $180;
50.32(4) dental hygienist, $118;
50.33(3) (5) registered dental assistant, $80; and
50.34(4) (6) dental assistant with a limited registration, $24.
51.1 Sec. 20. Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
51.2 Subd. 8. Duplicate license or registration fee. Each licensee or registrant shall
51.3submit, with a request for issuance of a duplicate of the original license or registration, or
51.4of an annual or biennial renewal of it, a fee in the following amounts:
51.5(1) original dentist, oral health practitioner, dental therapist, or dental hygiene
51.6license, $35; and
51.7(2) initial and renewal registration certificates and license renewal certificates, $10.
51.8 Sec. 21. Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to
51.9read:
51.10 Subd. 10. Reinstatement fee. No dentist, oral health practitioner, dental therapist,
51.11dental hygienist, or registered dental assistant whose license or registration has been
51.12suspended or revoked may have the license or registration reinstated or a new license or
51.13registration issued until a fee has been submitted to the board in the following amounts:
51.14(1) dentist, $140;
51.15(2) oral health practitioner, $100;
51.16 (3) dental therapist, $85;
51.17(4) dental hygienist, $55; and
51.18(3) (5) registered dental assistant, $35.
51.19 Sec. 22. Minnesota Statutes 2008, section 150A.10, subdivision 1, is amended to read:
51.20 Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist,
51.21public institution, or school authority may obtain services from a licensed dental hygienist.
51.22Such The licensed dental hygienist may provide those services defined in section
150A.05,
51.23subdivision 1a . Such The services provided shall not include the establishment of a final
51.24diagnosis or treatment plan for a dental patient.Such All services shall be provided
51.25under supervision of a licensed dentist. Any licensed dentist who shall permit any dental
51.26service by a dental hygienist other than those authorized by the Board of Dentistry, shall
51.27be deemed to be violating the provisions of sections150A.01 to
150A.12 , and any such
51.28unauthorized dental service by a dental hygienist shall constitute a violation of sections
51.29150A.01
to
150A.12 .
51.30 Sec. 23. Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
51.31 Subd. 2. Dental assistants. Every licensed dentist, oral health practitioner, and
51.32dental therapist who uses the services of any unlicensed person for the purpose of
51.33assistance in the practice of dentistry or dental therapy or within the practice of an oral
52.1health practitioner shall be responsible for the acts of such unlicensed person while
52.2engaged in such assistance.Such The dentist, oral health practitioner, or dental therapist
52.3shall permitsuch the unlicensed assistant to perform only those acts which are authorized
52.4to be delegated to unlicensed assistants by the Board of Dentistry.Such The acts shall
52.5be performed under supervision of a licensed dentist, licensed oral health practitioner, or
52.6dental therapist. A licensed oral health practitioner or a licensed dental therapist shall not
52.7supervise more than four registered dental assistants at any one practice setting. The
52.8board may permit differing levels of dental assistance based upon recognized educational
52.9standards, approved by the board, for the training of dental assistants. The board may also
52.10define by rule the scope of practice of registered and nonregistered dental assistants. The
52.11board by rule may require continuing education for differing levels of dental assistants,
52.12as a condition to their registration or authority to perform their authorized duties. Any
52.13licensed dentist, oral health practitioner, or dental therapist whoshall permit such permits
52.14an unlicensed assistant to perform any dental service other than that authorized by the
52.15board shall be deemed to be enabling an unlicensed person to practice dentistry, and
52.16commission of such an act bysuch an unlicensed assistant shall constitute a violation
52.17of sections150A.01 to
150A.12 .
52.18 Sec. 24. Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:
52.19 Subd. 3. Dental technicians. Every licensed dentist, oral health practitioner, and
52.20dental therapist who uses the services of any unlicensed person, other than under the
52.21dentist's or oral health practitioner's supervision and withinsuch dentist's own office the
52.22same practice setting, for the purpose of constructing, altering, repairing or duplicating
52.23any denture, partial denture, crown, bridge, splint, orthodontic, prosthetic or other dental
52.24appliance, shall be required to furnish such unlicensed person with a written work order
52.25in such form as shall be prescribed by the rules of the board; said. The work order shall
52.26be made in duplicate form, a duplicate copy to be retained in a permanent filein of the
52.27dentist's office dentist or oral health practitioner at the practice setting for a period of two
52.28years, and the original to be retained in a permanent file for a period of two years by
52.29such the unlicensed person in that person's place of business. Such The permanent file
52.30of work orders to be kept bysuch the dentist, oral health practitioner, or by such the
52.31unlicensed person shall be open to inspection at any reasonable time by the board or
52.32its duly constituted agent.
52.33 Sec. 25. Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:
53.1 Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 2,
53.2a licensed dental hygienist or a registered dental assistant may perform the following
53.3restorative procedures:
53.4(1) place, contour, and adjust amalgam restorations;
53.5(2) place, contour, and adjust glass ionomer;
53.6(3) adapt and cement stainless steel crowns; and
53.7(4) place, contour, and adjust class I and class V supragingival composite restorations
53.8where the margins are entirely within the enamel.
53.9(b) The restorative procedures described in paragraph (a) may be performed only if:
53.10(1) the licensed dental hygienist or the registered dental assistant has completed a
53.11board-approved course on the specific procedures;
53.12(2) the board-approved course includes a component that sufficiently prepares the
53.13dental hygienist or registered dental assistant to adjust the occlusion on the newly placed
53.14restoration;
53.15(3) a licensed dentist or licensed oral health practitioner has authorized the procedure
53.16to be performed; and
53.17(4) a licensed dentist or licensed oral health practitioner is available in the clinic
53.18while the procedure is being performed.
53.19(c) The dental faculty who teaches the educators of the board-approved courses
53.20specified in paragraph (b) must have prior experience teaching these procedures in an
53.21accredited dental education program.
53.22 Sec. 26. [150A.105] ORAL HEALTH PRACTITIONER.
53.23 Subdivision 1. General. An oral health practitioner licensed under this chapter
53.24may practice under the supervision of a Minnesota-licensed dentist pursuant to a written
53.25collaborative management agreement and the requirements of this chapter.
53.26 Subd. 2. Limited practice settings. An oral health practitioner licensed under this
53.27chapter is limited to primarily practicing in settings that serve low-income, uninsured, and
53.28underserved patients or are located in a dental health professional shortage area.
53.29 Subd. 3. Collaborative management agreement. (a) Prior to performing any of
53.30the services authorized under this chapter, an oral health practitioner must enter into
53.31a written collaborative management agreement with a Minnesota-licensed dentist. The
53.32agreement must include:
53.33(1) practice settings where services may be provided and the populations to be
53.34served;
54.1(2) any limitations on the services that may be provided by the oral health
54.2practitioner, including the level of supervision required by the collaborating dentist and
54.3consultation criteria;
54.4(3) age and procedure specific practice protocols, including case selection criteria,
54.5examination guidelines, and imaging frequency;
54.6(4) a procedure for creating and maintaining dental records for the patients that
54.7are treated by the oral health practitioner;
54.8(5) a plan to manage medical emergencies in each practice setting where the oral
54.9health practitioner provides care;
54.10(6) a quality assurance plan for monitoring care provided by the oral health
54.11practitioner, including patient care review, referral follow-up, and a quality assurance
54.12chart review;
54.13(7) protocols for prescribing, administering, and dispensing medications authorized
54.14under subdivision 5, including the specific conditions and circumstances under which
54.15these medications are to be prescribed, dispensed, and administered;
54.16(8) criteria relating to the provision of care to patients with specific medical
54.17conditions or complex medication histories, including any requirements for consultation
54.18prior to the initiation of care;
54.19(9) criteria for the supervision of allied dental personnel;
54.20(10) a plan for the provision of clinical referrals in situations that are beyond the
54.21diagnostic or treatment capabilities of the oral health practitioner; and
54.22(11) a description of any financial arrangement, if applicable, between the oral
54.23health practitioner and collaborating dentist.
54.24(b) A collaborating dentist must be licensed and practicing in Minnesota. The
54.25collaborating dentist shall accept responsibility for all services authorized and performed
54.26by the oral health practitioner under the collaborative management agreement. Any
54.27licensed dentist who permits an oral health practitioner to perform a dental service other
54.28than those authorized under this section or by the board or any oral health practitioner who
54.29performs unauthorized services violates sections 150A.01 to 150A.12.
54.30(c) Both the collaborating dentist and the oral health practitioner must maintain
54.31professional liability coverage. Proof of professional liability coverage shall be submitted
54.32to the board as part of the collaborative management agreement.
54.33(d) Collaborative management agreements must be signed and maintained by the
54.34collaborating dentist and the oral health practitioner. Agreements must be reviewed,
54.35updated, and submitted to the board on an annual basis.
55.1(e) A collaborating dentist shall accept any patient referred by the oral health
55.2practitioner or have a referral process for patients that are referred by the oral health
55.3practitioner.
55.4(f) A collaborating dentist must conduct periodic oversight reviews of each oral
55.5health practitioner with whom the dentist has entered into a collaborative management
55.6agreement.
55.7 Subd. 4. Scope of practice. (a) A licensed oral health practitioner may perform
55.8dental services as authorized under this section within the parameters of the collaborative
55.9management agreement.
55.10(b) The services a licensed oral health practitioner may perform include preventive,
55.11primary diagnostic, educational, palliative, therapeutic, and restorative oral health services
55.12as specified in paragraph (c), and within the parameters of the collaborative management
55.13agreement.
55.14(c) A licensed oral health practitioner may perform the following services under
55.15general supervision, unless restricted or prohibited in the collaborative management
55.16agreement:
55.17(1) preventive, palliative, diagnostic, and assessment services:
55.18(i) oral health instruction and disease prevention education, including nutritional
55.19counseling and dietary analysis;
55.20(ii) diagnostic services, including an examination, evaluation, and assessment to
55.21identify oral disease and conditions;
55.22(iii) formulation of a diagnosis and individualized treatment plan, including
55.23preliminary charting of the oral cavity;
55.24(iv) taking of radiographs;
55.25(v) fabrication of athletic mouthguards;
55.26(vi) application of topical preventive or prophylactic agents, including fluoride
55.27varnishes and pit and fissure sealants;
55.28(vii) emergency palliative treatment of dental pain;
55.29(viii) pulp vitality testing;
55.30(ix) application of desensitizing medication or resin; and
55.31(x) space maintainer removal;
55.32(2) restorative services:
55.33(i) cavity preparation class I-IV;
55.34(ii) restoration of primary and permanent teeth class I-IV;
55.35(iii) placement of temporary crowns;
55.36(iv) placement of temporary restorations;
56.1(v) preparation and placement of preformed crowns;
56.2(vi) pulpotomies on primary teeth;
56.3(vii) indirect and direct pulp capping on primary and permanent teeth;
56.4(viii) repair of defective prosthetic appliances;
56.5(ix) recementing of permanent crowns;
56.6(x) administering nitrous oxide inhalation analgesia;
56.7(xi) administering injections of local anesthetic agents;
56.8(xii) soft-tissue reline and conditioning;
56.9(xiii) atraumatic restorative technique; and
56.10(xiv) opening permanent teeth for pulpal debridement and opening chamber; and
56.11(3) surgical services:
56.12(i) extractions of primary and permanent teeth;
56.13(ii) suture placement and removal;
56.14(iii) dressing change;
56.15(iv) brush biopsies;
56.16(v) tooth reimplantation and stabilization;
56.17(vi) abscess incision and drainage;
56.18(vii) placement of space maintainers; and
56.19(viii) fabrication of soft-occlusal guards.
56.20(d) For purposes of this section, "general supervision" has the meaning given in
56.21Minnesota Rules, part 3100.0100, subpart 21.
56.22 Subd. 5. Prescribing authority. (a) A licensed oral health practitioner may
56.23prescribe, dispense, and administer the following drugs within the parameters of the
56.24collaborative management agreement and within the scope of practice of the oral health
56.25practitioner: analgesics, anti-inflammatories, and antibiotics.
56.26(b) The authority to prescribe, dispense, and administer shall extend only to the
56.27categories of drugs identified in this subdivision, and may be further limited by the
56.28collaborative management agreement.
56.29(c) The authority to dispense includes the authority to dispense sample drugs within
56.30the categories identified in this subdivision if dispensing is permitted by the collaborative
56.31management agreement.
56.32(d) Notwithstanding paragraph (a), a licensed oral health practitioner is prohibited
56.33from dispensing, prescribing, or administering a narcotic drug as defined in section
56.34152.01, subdivision 10.
56.35 Subd. 6. Application of other laws. A licensed oral health practitioner authorized
56.36to practice under this chapter is not in violation of section 150A.05 as it relates to the
57.1unauthorized practice of dentistry if the practice is authorized under this chapter and is
57.2within the parameters of the collaborative management agreement.
57.3 Subd. 7. Use of dental allied personnel. (a) A licensed oral health practitioner
57.4may supervise registered and unregistered dental assistants to the extent permitted in the
57.5collaborative management agreement and according to section 150A.10, subdivision 2.
57.6(b) Notwithstanding paragraph (a), a licensed oral health practitioner is limited to
57.7supervising no more than four registered dental assistants at any one practice setting.
57.8 Subd. 8. Definitions. (a) For the purposes of this section, the following definitions
57.9apply.
57.10(b) "Practice settings that serve the low-income, uninsured, and underserved" mean:
57.11(1) critical access dental provider settings as designated by the commissioner of
57.12human services under section 256B.76, subdivision 4;
57.13(2) dental hygiene collaborative practice settings identified in section 150A.10,
57.14subdivision 1a, paragraph (e), medical facilities, assisted living facilities, local and state
57.15correctional facilities, federally qualified health centers, and organizations eligible to
57.16receive a community clinic grant under section 145.9268, subdivision 1;
57.17(3) military and veterans administration hospitals, clinics, and care settings;
57.18(4) a patient's residence or home when the patient is homebound or receiving or
57.19eligible to receive home care services or home and community-based waivered services,
57.20regardless of the patient's income;
57.21(5) oral health educational institutions; or
57.22(6) any other clinic or practice setting, including mobile dental units, in which at
57.23least 50 percent of the oral health practitioner's total patient base in that clinic or practice
57.24setting are patients who:
57.25(i) are enrolled in a state public health care program;
57.26(ii) have a medical disability or chronic condition that creates a significant barrier
57.27to receiving dental care;
57.28(iii) reside in geographically isolated or medically underserved areas; or
57.29(iv) do not have dental health coverage either through a state public health care
57.30program or private insurance, and whose family gross income is equal to or less than 275
57.31percent of the federal poverty guidelines.
57.32(c) "Dental health professional shortage area" means an area that meets the criteria
57.33established by the secretary of the United States Department of Health and Human
57.34Services and is designated as such under United States Code, title 42, section 254e.
57.35 Sec. 27. [150A.106] DENTAL THERAPIST.
58.1 Subdivision 1. General. A dental therapist licensed under this chapter shall practice
58.2under the supervision of a Minnesota-licensed dentist and under the requirements of
58.3this chapter.
58.4 Subd. 2. Limited practice settings. A dental therapist licensed under this chapter is
58.5limited to primarily practicing in settings that serve low-income and underserved patients
58.6or in a dental health professional shortage area.
58.7 Subd. 3. Collaborative management agreement. (a) Prior to performing any of
58.8the services authorized under this chapter, a dental therapist must enter into a written
58.9collaborative management agreement with a Minnesota-licensed dentist. The agreement
58.10must include:
58.11 (1) practice settings where services may be provided and the populations to be
58.12served;
58.13 (2) any limitations on the services that may be provided by the dental therapist,
58.14including the level of supervision required by the collaborating dentist;
58.15 (3) age and procedure specific practice protocols, including case selection criteria,
58.16assessment guidelines, and imaging frequency;
58.17 (4) a procedure for creating and maintaining dental records for the patients that
58.18are treated by the dental therapist;
58.19 (5) a plan to manage medical emergencies in each practice setting where the dental
58.20therapist provides care;
58.21 (6) a quality assurance plan for monitoring care provided by the dental therapist,
58.22including patient care review, referral follow-up, and a quality assurance chart review;
58.23 (7) protocols for administering and dispensing medications authorized under
58.24subdivision 5, including the specific conditions and circumstance under which these
58.25medications are to be dispensed and administered;
58.26 (8) criteria relating to the provision of care to patients with specific medical
58.27conditions or complex medication histories, including requirements for consultation prior
58.28to the initiation of care;
58.29 (9) supervision criteria of registered and nonregistered dental assistants; and
58.30 (10) a plan for the provision of clinical resources and referrals in situations which
58.31are beyond the capabilities of the dental therapist.
58.32 (b) A collaborating dentist must be licensed and practicing in Minnesota. The
58.33collaborating dentist shall accept responsibility for all services authorized and performed
58.34by the dental therapist pursuant to the management agreement. Any licensed dentist who
58.35permits a dental therapist to perform a dental service other than those authorized under
59.1this section or by the board, or any dental therapist who performs an unauthorized service,
59.2violates sections 150A.01 to 150A.12.
59.3 (c) Collaborative management agreements must be signed and maintained by the
59.4collaborating dentist and the dental therapist. Agreements must be reviewed, updated, and
59.5submitted to the board on an annual basis.
59.6 Subd. 4. Scope of practice. (a) A licensed dental therapist may perform dental
59.7services as authorized under this section within the parameters of the collaborative
59.8management agreement.
59.9 (b) The services authorized to be performed by a licensed dental therapist include
59.10preventive, evaluative, and educational oral health services, as specified in paragraphs (c),
59.11(d), and (e), and within the parameters of the collaborative management agreement.
59.12 (c) A licensed dental therapist may perform the following preventive, evaluative,
59.13and assessment services under general supervision, unless restricted or prohibited in
59.14the collaborative management agreement:
59.15 (1) oral health instruction and disease prevention education, including nutritional
59.16counseling and dietary analysis;
59.17 (2) assessment services, including an evaluation and assessment to identify oral
59.18disease and conditions;
59.19 (3) preliminary charting of the oral cavity;
59.20 (4) making radiographs;
59.21 (5) mechanical polishing;
59.22 (6) application of topical preventive or prophylactic agents, including fluoride
59.23varnishes and pit and fissure sealants;
59.24 (7) pulp vitality testing; and
59.25 (8) application of desensitizing medication or resin.
59.26 (d) A licensed dental therapist may perform the following services under indirect
59.27supervision:
59.28 (1) fabrication of athletic mouthguards;
59.29 (2) emergency palliative treatment of dental pain;
59.30 (3) space maintainer removal;
59.31 (4) restorative services:
59.32 (i) cavity preparation class I-IV;
59.33 (ii) restoration of primary and permanent teeth class I-IV;
59.34 (iii) placement of temporary crowns;
59.35 (iv) placement of temporary restorations;
59.36 (v) preparation and placement of preformed crowns; and
60.1 (vi) pulpotomies on primary teeth;
60.2 (5) indirect and direct pulp capping on primary and permanent teeth;
60.3 (6) fabrication of soft-occlusal guards;
60.4 (7) soft-tissue reline and conditioning;
60.5 (8) atraumatic restorative technique;
60.6 (9) surgical services:
60.7 (i) extractions of primary teeth;
60.8 (ii) suture removal; and
60.9 (iii) dressing change;
60.10 (10) tooth reimplantation and stabilization;
60.11 (11) administration of local anesthetic; and
60.12 (12) administration of nitrous oxide.
60.13 (e) A licensed dental therapist may perform the following services under direct
60.14supervision:
60.15 (1) placement of space maintainers; and
60.16 (2) recementing of permanent crowns.
60.17 (f) For purposes of this section, "general supervision," "indirect supervision,"
60.18and "direct supervision" have the meanings given in Minnesota Rules, part 3100.0100,
60.19subpart 21.
60.20 Subd. 5. Dispensing authority. (a) A licensed dental therapist may dispense and
60.21administer the following drugs within the parameters of the collaborative management
60.22agreement and within the scope of practice of the dental therapist: analgesics,
60.23anti-inflammatories, and antibiotics.
60.24 (b) The authority to dispense and administer shall extend only to the categories
60.25of drugs identified in this subdivision, and may be further limited by the collaborative
60.26management agreement.
60.27 (c) The authority to dispense includes the authority to dispense sample drugs within
60.28the categories identified in this subdivision if dispensing is permitted by the collaborative
60.29management agreement.
60.30 (d) A licensed dental therapist is prohibited from dispensing or administering a
60.31narcotic drug as defined in section 152.01, subdivision 10.
60.32 Subd. 6. Application of other laws. A licensed dental therapist authorized to
60.33practice under this chapter is not in violation of section 150A.05 as it relates to the
60.34unauthorized practice of dentistry if the practice is authorized under this chapter and is
60.35within the parameters of the collaborative management agreement.
61.1 Subd. 7. Use of dental assistants. (a) A licensed dental therapist may supervise
61.2registered and unregistered dental assistants to the extent permitted in the collaborative
61.3management agreement and according to section 150A.10, subdivision 2.
61.4 (b) Notwithstanding paragraph (a), a licensed dental therapist is limited to
61.5supervising no more than four registered dental assistants or nonregistered dental
61.6assistants at any one practice setting.
61.7 Subd. 8. Definitions. (a) For the purposes of this section, the following definitions
61.8apply.
61.9 (b) "Practice settings that serve the low-income and underserved" mean:
61.10 (1) critical access dental provider settings as designated by the commissioner of
61.11human services under section 256B.76, subdivision 4;
61.12 (2) dental hygiene collaborative practice settings identified in section 150A.10,
61.13subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities,
61.14federally qualified health centers, and organizations eligible to receive a community clinic
61.15grant under section 145.9268, subdivision 1;
61.16 (3) military and veterans administration hospitals, clinics, and care settings;
61.17 (4) a patient's residence or home when the patient is home-bound or receiving or
61.18eligible to receive home care services or home and community-based waivered services,
61.19regardless of the patient's income;
61.20 (5) oral health educational institutions; or
61.21 (6) any other clinic or practice setting, including mobile dental units, in which at least
61.2250 percent of the total patient base of the clinic or practice setting consists of patients who:
61.23 (i) are enrolled in a Minnesota health care program;
61.24 (ii) have a medical disability or chronic condition that creates a significant barrier to
61.25receiving dental care; or
61.26 (iii) do not have dental health coverage, either through a public health care program
61.27or private insurance, and have an annual gross family income equal to or less than 200
61.28percent of the federal poverty guidelines.
61.29 (c) "Dental health professional shortage area" means an area that meets the criteria
61.30established by the secretary of the United States Department of Health and Human
61.31Services and is designated as such under United States Code, title 42, section 254e.
61.32 Sec. 28. Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:
61.33 Subd. 4. Dividing fees. It shall be unlawful for any dentist to divide fees with or
61.34promise to pay a part of the dentist's fee to, or to pay a commission to, any dentist or
61.35other person who calls the dentist in consultation or who sends patients to the dentist for
62.1treatment, or operation, but nothing herein shall prevent licensed dentists from forming
62.2a bona fide partnership for the practice of dentistry, nor to the actual employment by a
62.3licensed dentist of, a licensed oral health practitioner, a licensed dental therapist, a licensed
62.4dental hygienist or another licensed dentist.
62.5 Sec. 29. Minnesota Statutes 2008, section 150A.12, is amended to read:
62.6150A.12 VIOLATION AND DEFENSES.
62.7Every person who violates any of the provisions of sections150A.01 to
150A.12
62.8for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor;
62.9and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in
62.10the county jail for not more than one year or by both such fine and imprisonment. In the
62.11prosecution of any person for violation of sections150A.01 to
150A.12 , it shall not be
62.12necessary to allege or prove lack of a valid license to practice dentistryor, dental hygiene,
62.13or dental therapy, or as an oral health practitioner butsuch matter shall be a matter of
62.14defense to be established by the defendant.
62.15 Sec. 30. Minnesota Statutes 2008, section 150A.21, subdivision 1, is amended to read:
62.16 Subdivision 1. Patient's name and Social Security number. Every complete
62.17upper and lower denture and removable dental prosthesis fabricated by a dentist licensed
62.18under section150A.06 , or fabricated pursuant to the dentist's or oral health practitioner's
62.19work order, shall be marked with the name and Social Security number of the patient for
62.20whom the prosthesis is intended. The markings shall be done during fabrication and shall
62.21be permanent, legible and cosmetically acceptable. The exact location of the markings
62.22and the methods used to apply or implant them shall be determined by the dentist, oral
62.23health practitioner, or dental laboratory fabricating the prosthesis. If in the professional
62.24judgment of the dentist, oral health practitioner, or dental laboratory, this identification is
62.25not practicable, identification shall be provided as follows:
62.26(a) The Social Security number of the patient may be omitted if the name of the
62.27patient is shown;
62.28(b) The initials of the patient may be shown alone, if use of the name of the patient is
62.29impracticable;
62.30(c) The identification marks may be omitted in their entirety if none of the forms of
62.31identification specified in clauses (a) and (b) are practicable or clinically safe.
62.32 Sec. 31. Minnesota Statutes 2008, section 150A.21, subdivision 4, is amended to read:
63.1 Subd. 4. Failure to comply. Failure of any dentist or oral health practitioner to
63.2comply with this section shall be deemed to be a violation for which the dentist or oral
63.3health practitioner may be subject to proceedings pursuant to section150A.08 , provided
63.4the dentist or oral health practitioner is charged with the violation within two years of
63.5initial insertion of the dental prosthetic device.
63.6 Sec. 32. Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:
63.7 Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
63.8doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
63.9licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes
63.10of sections151.15, subdivision 4 ,
151.37, subdivision 2 , paragraphs (b), (e), and (f),
63.11and151.461 , "practitioner" also means a physician assistant authorized to prescribe,
63.12dispense, and administer under chapter 147A,or an advanced practice nurse authorized
63.13to prescribe, dispense, and administer under section148.235 , or a licensed oral health
63.14practitioner authorized to prescribe, dispense, and administer under chapter 150A. For
63.15purposes of sections 151.15, subdivision 4; 151.37, subdivision 2, paragraph (b); and
63.16151.461, "practitioner" also means a dental therapist authorized to dispense and administer
63.17under chapter 150A.
63.18 Sec. 33. Minnesota Statutes 2008, section 151.37, subdivision 2, is amended to read:
63.19 Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of
63.20professional practice only, may prescribe, administer, and dispense a legend drug,
63.21and may cause the same to be administered by a nurse, a physician assistant, an oral
63.22health practitioner, or medical student or resident under the practitioner's direction and
63.23supervision, and may cause a person who is an appropriately certified, registered, or
63.24licensed health care professional to prescribe, dispense, and administer the same within
63.25the expressed legal scope of the person's practice as defined in Minnesota Statutes. A
63.26licensed practitioner may prescribe a legend drug, without reference to a specific patient,
63.27by directing a nurse, pursuant to section148.235, subdivisions 8 and 9 , an oral health
63.28practitioner under chapter 150A, a physician assistant, or a medical student or resident to
63.29adhere to a particular practice guideline or protocol when treating patients whose condition
63.30falls within such guideline or protocol, and when such guideline or protocol specifies the
63.31circumstances under which the legend drug is to be prescribed and administered. An
63.32individual who verbally, electronically, or otherwise transmits a written, oral, or electronic
63.33order, as an agent of a prescriber, shall not be deemed to have prescribed the legend drug.
64.1This paragraph applies to a physician assistant only if the physician assistant meets the
64.2requirements of section147A.18 .
64.3 (b) A licensed practitioner that dispenses for profit a legend drug that is to be
64.4administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
64.5file with the practitioner's licensing board a statement indicating that the practitioner
64.6dispenses legend drugs for profit, the general circumstances under which the practitioner
64.7dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
64.8dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
64.9with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
64.10any amount received by the practitioner in excess of the acquisition cost of a legend drug
64.11for legend drugs that are purchased in prepackaged form, or (2) any amount received
64.12by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
64.13making the drug available if the legend drug requires compounding, packaging, or other
64.14treatment. The statement filed under this paragraph is public data under section13.03 .
64.15This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
64.16pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
64.17dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
64.18To dispense for profit does not include dispensing by a community health clinic when the
64.19profit from dispensing is used to meet operating expenses.
64.20 (c) A prescription or drug order for the following drugs is not valid, unless it can be
64.21established that the prescription or order was based on a documented patient evaluation,
64.22including an examination, adequate to establish a diagnosis and identify underlying
64.23conditions and contraindications to treatment:
64.24 (1) controlled substance drugs listed in section152.02, subdivisions 3 to 5;
64.25 (2) drugs defined by the Board of Pharmacy as controlled substances under section
64.26152.02, subdivisions 7
, 8, and 12;
64.27 (3) muscle relaxants;
64.28 (4) centrally acting analgesics with opioid activity;
64.29 (5) drugs containing butalbital; or
64.30 (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
64.31 (d) For the purposes of paragraph (c), the requirement for an examination shall be
64.32met if an in-person examination has been completed in any of the following circumstances:
64.33 (1) the prescribing practitioner examines the patient at the time the prescription
64.34or drug order is issued;
64.35 (2) the prescribing practitioner has performed a prior examination of the patient;
65.1 (3) another prescribing practitioner practicing within the same group or clinic as the
65.2prescribing practitioner has examined the patient;
65.3 (4) a consulting practitioner to whom the prescribing practitioner has referred the
65.4patient has examined the patient; or
65.5 (5) the referring practitioner has performed an examination in the case of a
65.6consultant practitioner issuing a prescription or drug order when providing services by
65.7means of telemedicine.
65.8 (e) Nothing in paragraph (c) or (d) prohibits a licensed practitioner from prescribing
65.9a drug through the use of a guideline or protocol pursuant to paragraph (a).
65.10 (f) Nothing in this chapter prohibits a licensed practitioner from issuing a
65.11prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
65.12in the Management of Sexually Transmitted Diseases guidance document issued by the
65.13United States Centers for Disease Control.
65.14 (g) Nothing in paragraph (c) or (d) limits prescription, administration, or dispensing
65.15of legend drugs through a public health clinic or other distribution mechanism approved
65.16by the commissioner of health or a board of health in order to prevent, mitigate, or treat
65.17a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
65.18biological, chemical, or radiological agent.
65.19 (h) No pharmacist employed by, under contract to, or working for a pharmacy
65.20licensed under section151.19, subdivision 1 , may dispense a legend drug based on a
65.21prescription that the pharmacist knows, or would reasonably be expected to know, is not
65.22valid under paragraph (c).
65.23 (i) No pharmacist employed by, under contract to, or working for a pharmacy
65.24licensed under section151.19, subdivision 2 , may dispense a legend drug to a resident
65.25of this state based on a prescription that the pharmacist knows, or would reasonably be
65.26expected to know, is not valid under paragraph (c).
65.27 Sec. 34. IMPACT OF ORAL HEALTH PRACTITIONERS AND DENTAL
65.28THERAPISTS.
65.29(a) The Board of Dentistry shall evaluate the impact of the use of oral health
65.30practitioners and dental therapists on the delivery of and access to dental services.
65.31The board shall report to the chairs and ranking minority members of the legislative
65.32committees with jurisdiction over health care by January 15, 2014:
65.33(1) the number of oral health practitioners and dental therapists annually licensed
65.34by the board beginning in 2011;
66.1(2) the settings where licensed oral health practitioners and dental therapists are
66.2practicing and the populations being served;
66.3(3) the number of complaints filed against oral health practitioners and dental
66.4therapists and the basis for each complaint; and
66.5(4) the number of disciplinary actions taken against oral health practitioners and
66.6dental therapists.
66.7(b) The board, in consultation with the Department of Human Services, shall also
66.8include the number and type of dental services that were performed by oral health
66.9practitioners and dental therapists and reimbursed by the state under the Minnesota state
66.10health care programs for the 2013 fiscal year.
66.11(c) The Board of Dentistry, in consultation with the Department of Health, shall
66.12develop an evaluation process that focuses on assessing the impact of oral health
66.13practitioners and dental therapists in terms of patient safety, cost effectiveness, and access
66.14to dental services. The process shall focus on the following outcome measures:
66.15(1) number of new patients served;
66.16(2) reduction in waiting times for needed services;
66.17(3) decreased travel time for patients;
66.18(4) impact on emergency room usage for dental care; and
66.19(5) costs to the public health care system.
66.20(d) The evaluation process shall be used by the board in the report required in
66.21paragraph (a) and shall expire January 1, 2014.
66.22 Sec. 35. REPEALER.
66.23Minnesota Statutes 2008, section 150A.061, is repealed.
1.3provisions; setting deadlines; allowing certain advertising; establishing
1.4the Minnesota P-20 education partnership; regulating course equivalency
1.5guides; requiring notice to prospective students; requiring lists of enrolled
1.6students; amending Minnesota Office of Higher Education responsibilities;
1.7establishing programs; defining terms; regulating grants, scholarships, and
1.8work-study; requiring an annual certificate; regulating certain board membership
1.9provisions; requiring job placement impact reviews; regulating oral health
1.10care practitioner provisions; establishing fees; providing criminal penalties;
1.11requiring reports; appropriating money;amending Minnesota Statutes 2008,
1.12sections 13.3215; 124D.09, subdivision 9; 135A.08, subdivision 1; 135A.17,
1.13subdivision 2; 135A.25, subdivision 4; 136A.08, subdivision 1, by adding a
1.14subdivision; 136A.101, subdivision 5a; 136A.121, by adding subdivisions;
1.15136A.127, subdivisions 2, 4, 9, 10, 12, 14, by adding a subdivision; 136A.1701,
1.16subdivision 10; 136A.87; 136F.02, subdivision 1; 136F.03, subdivision 4;
1.17136F.04, subdivision 4; 136F.045; 136F.19, subdivision 1; 136F.31; 137.0245,
1.18subdivision 2; 137.0246, subdivision 2; 137.025, subdivision 1; 150A.01, by
1.19adding subdivisions; 150A.05, subdivision 2, by adding subdivisions; 150A.06,
1.20subdivisions 2d, 5, 6, by adding subdivisions; 150A.08, subdivisions 1, 3a, 5;
1.21150A.09, subdivisions 1, 3; 150A.091, subdivisions 2, 3, 5, 8, 10; 150A.10,
1.22subdivisions 1, 2, 3, 4; 150A.11, subdivision 4; 150A.12; 150A.21, subdivisions
1.231, 4; 151.01, subdivision 23; 151.37, subdivision 2; 201.061, subdivision 3;
1.24299A.45, subdivision 1; Laws 2007, chapter 144, article 1, section 4, subdivision
1.253; proposing coding for new law in Minnesota Statutes, chapters 127A; 135A;
1.26136A; 136F; 150A; repealing Minnesota Statutes 2008, sections 136A.127,
1.27subdivisions 8, 13; 150A.061.
1.28BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.31 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.33summarize direct appropriations, by fund, made in this article.
2.9 Subd. 2. Summary By Agency - All Funds. The amounts shown in this subdivision
2.10summarize direct appropriations, by agency, made in this article.
| 2.23 |
Sec. 2. HIGHER EDUCATION APPROPRIATIONS. |
||||||
2.25agencies and for the purposes specified in this article. The appropriations are from the
2.26general fund, or another named fund, and are available for the fiscal years indicated
2.27for each purpose. The figures "2010" and "2011" used in this article mean that the
2.28appropriations listed under them are available for the fiscal year ending June 30, 2010, or
2.29June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
2.30year 2011. "The biennium" is fiscal years 2010 and 2011.
| 2.31 |
APPROPRIATIONS |
||||||
| 2.32 |
Available for the Year |
||||||
| 2.33 |
Ending June 30 |
||||||
| 2.34 |
2010 |
2011 |
|||||
| 2.35 2.36 |
Sec. 3. MINNESOTA OFFICE OF HIGHER EDUCATION |
||||||
| 2.37 |
Subdivision 1.Total Appropriation |
$ |
191,224,000 |
$ |
190,083,000 |
||
3.2purpose are specified in the following
3.3subdivisions.
| 3.4 |
Subd. 2.State Grants |
144,138,000 |
144,138,000 |
||||
3.6either year is insufficient, the appropriation
3.7for the other year is available for it.
3.8For the biennium, the tuition maximum
3.9is $11,038 in each year for students in
3.10four-year programs, and $6,908 for students
3.11in two-year programs.
3.12This appropriation sets the living and
3.13miscellaneous expense allowance at $6,447
3.14each year.
3.15Up to $75,000 of this appropriation may be
3.16used to complete computer programming
3.17changes necessary to implement new
3.18Minnesota Statutes, section 136A.121,
3.19subdivision 9b.
3.20Amounts in the state grant program under
3.21Minnesota Statutes, section 136A.121, made
3.22available for reallocation due to the increase
3.23in the federal Pell grant program must
3.24remain allocated to the state grant program to
3.25provide additional resources to students.
| 3.26 |
Subd. 3.Safety Officers Survivors |
100,000 |
100,000 |
||||
3.28benefits under Minnesota Statutes, section
3.29299A.45, to eligible dependent children and
3.30to the spouses of public safety officers killed
3.31in the line of duty.
3.32If the appropriation in this subdivision for
3.33either year is insufficient, the appropriation
3.34for the other year is available for it.
| 4.1 |
Subd. 4.Child Care Grants |
6,184,000 |
6,184,000 |
||||
| 4.2 |
Subd. 5.State Work-Study |
12,444,000 |
12,444,000 |
||||
| 4.3 |
Subd. 6.Achieve Scholarship Program |
8,643,000 |
7,486,000 |
||||
4.5Statutes, section 136A.127.
4.6(2) This appropriation includes $4,000,000
4.7that must be used in the 2010-2011 biennium
4.8for advising and counseling grants, to support
4.9access to rigorous high school courses and
4.10college attendance programs. This includes,
4.11but is not limited to, college in the schools
4.12and postsecondary enrollment options,
4.13grants under the Intervention for College
4.14Attendance Program, additional funding for
4.15the Get Ready Program or local recipients of
4.16federal TRIO program money, local college
4.17access programs, and to increase support
4.18for schools and school districts to improve
4.19high school counseling. This is a onetime
4.20appropriation.
4.21(3) To provide continuity in program services
4.22and facilitate data collection that measures
4.23Advising and Counseling College Program
4.24outcomes, the director must, in selecting
4.25grant recipients for the 2010-2011 biennium,
4.26give priority to 2008-2009 grantees that
4.27provide up-to-date annual outcome data
4.28on services provided, students served, and
4.29other information requested by the director.
4.30Projects whose funding is renewed, must:
4.31(i) retain an emphasis on beginning early in a
4.32student's time in school to prepare students
4.33for academic success in college; and
5.1(ii) use objective measures to report on the
5.2project's impacts on student achievement,
5.3student enrollment in rigorous courses,
5.4high school attendance and success in
5.5postsecondary education, and college
5.6counseling effectiveness.
5.7The base funding for this program is
5.8$9,544,000 in fiscal year 2012 and
5.9$11,845,000 in fiscal year 2013.
| 5.10 |
Subd. 7.Indian Scholarships |
1,875,000 |
1,875,000 |
||||
5.12person with demonstrated competence in
5.13American Indian culture and residing in or
5.14near the city of Bemidji to assist students
5.15with the scholarships under Minnesota
5.16Statutes, section 136A.126, and with other
5.17information about financial aid for which
5.18the students may be eligible. Bemidji State
5.19University must provide office space at
5.20no cost to the Minnesota Office of Higher
5.21Education for purposes of administering the
5.22American Indian scholarship program under
5.23Minnesota Statutes, section 136A.126.
| 5.24 |
Subd. 8.TEACH Program |
250,000 |
250,000 |
||||
5.26136A.128.
| 5.27 5.28 |
Subd. 9.Intervention for College Attendance Program Grants |
496,000 |
496,000 |
||||
5.30section
5.31appropriation each year may be used for
5.32administrative expenses.
5.33To provide continuity in program services
5.34and facilitate data collection that measures
6.1Intervention for College Attendance
6.2Program outcomes, the director must, in
6.3selecting grant recipients for the 2010-2011
6.4biennium, give priority to 2008-2009
6.5grantees that provide up-to-date annual
6.6program participation and outcome data
6.7regarding their success in increasing high
6.8school graduation, college participation, and
6.9college graduation of students served by the
6.10program; and other information requested
6.11by the director. Projects whose funding is
6.12renewed, must:
6.13(1) retain an emphasis on enhancing
6.14academic readiness for college attendance
6.15and success in college for participants in
6.16grades 6 to 12; or
6.17(2) if the program's participants are college
6.18students, document that they are providing
6.19academic support services to participants
6.20that ensure success in college.
6.21Grantees must submit data to the director
6.22about the number of students in the project's
6.23service area that would be eligible for the
6.24program, but are not being served.
| 6.25 |
Subd. 10.Midwest Higher Education Compact |
95,000 |
95,000 |
||||
| 6.26 6.27 |
Subd. 11.United Family Medicine Residency Program |
418,000 |
434,000 |
||||
6.29residency program. This appropriation
6.30shall be used to support up to 18 resident
6.31physicians each year in family practice at
6.32United Family Medicine residency programs
6.33and shall prepare doctors to practice family
6.34care medicine in underserved rural and
6.35urban areas of the state. It is intended that
7.1this program will improve health care in
7.2underserved communities, provide affordable
7.3access to appropriate medical care, and
7.4manage the treatment of patients in a more
7.5cost-effective manner.
| 7.6 |
Subd. 12.Interstate Tuition Reciprocity |
2,750,000 |
2,750,000 |
||||
7.8either year is insufficient, the appropriation
7.9for the other year is available to meet
7.10reciprocity contract obligations.
7.11The base funding for this program is
7.12$3,150,000 in fiscal year 2012 and
7.13$3,250,000 in fiscal year 2013.
| 7.14 |
Subd. 13.Minnesota College Savings Plan |
700,000 |
700,000 |
||||
| 7.15 |
Subd. 14.Learning Network of Minnesota |
4,535,000 |
4,535,000 |
||||
| 7.16 |
Subd. 15.MnLINK Gateway and Minitex |
5,720,000 |
5,720,000 |
||||
| 7.17 |
Subd. 16.Other Programs |
357,000 |
357,000 |
||||
7.19year for student and parent information,
7.20$184,000 each year for the get ready outreach
7.21program, and $48,000 each year for a
7.22grant to the Minnesota Minority Education
7.23Partnership.
| 7.24 |
Subd. 17.Agency Administration |
2,519,000 |
2,519,000 |
||||
7.26year to administer the Achieve Scholarship
7.27Program and $75,000 each year to administer
7.28the Indian Scholarship Program.
| 7.29 |
Subd. 18.Balances Forward |
||||||
7.31does not cancel, but is available for the
7.32second year.
| 8.1 |
Subd. 19.Transfers |
||||||
8.3may transfer unencumbered balances from
8.4the appropriations in this section to the state
8.5grant appropriation, the interstate tuition
8.6reciprocity appropriation, the child care
8.7grant appropriation, the Indian scholarship
8.8appropriation, the state work-study
8.9appropriation, the achieve scholarship
8.10appropriation, the public safety officers'
8.11survivors appropriation, and the Minnesota
8.12college savings plan appropriation. Transfers
8.13from the child care or state work-study
8.14appropriations may only be made to the
8.15extent there is a projected surplus in the
8.16appropriation. A transfer may be made
8.17only with prior written notice to the chairs
8.18of the senate and house of representatives
8.19committees with jurisdiction over higher
8.20education finance.
| 8.21 |
Subd. 20.TANF Work-Study |
||||||
8.23work-study jobs funded by a TANF
8.24appropriation do not require employer
8.25matching funds.
| 8.26 8.27 8.28 |
Sec. 4. BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES |
||||||
| 8.29 |
Subdivision 1.Total Appropriation |
$ |
675,424,000 |
$ |
644,038,000 |
||
| 8.30 |
Appropriations by Fund |
||
| 8.31 |
2010 |
2011 |
|
| 8.32 |
General |
615,362,000 |
644,038,000 |
| 8.33 |
Federal |
60,062,000 |
0 |
9.2purpose are specified in the following
9.3subdivisions.
| 9.4 |
Subd. 2.General Appropriation |
615,362,000 |
644,038,000 |
||||
9.6operation and maintenance of the system.
9.7(2) This appropriation includes funding
9.8to eliminate nonresident undergraduate
9.9tuition at Century College, St. Paul College,
9.10Minneapolis Community and Technical
9.11College, Rochester Community and
9.12Technical College, Inver Hills Community
9.13College, St. Cloud Technical College,
9.14Normandale Community College, North
9.15Hennepin Community College, Alexandria
9.16Technical College, Anoka Technical College,
9.17and Hennepin Technical College. The Board
9.18of Trustees must not implement a nonresident
9.19undergraduate tuition rate at a community
9.20college, technical college, or consolidated
9.21community and technical college that did not
9.22have such a rate on May 1, 2007.
9.23(3) This appropriation includes $100,000 for
9.24Minnesota State University, Mankato, for
9.25development and delivery of an educational
9.26program for the International Renewable
9.27Energy Technology Institute. This is a
9.28onetime appropriation.
9.29(4) The Chancellor of the Minnesota State
9.30Colleges and Universities must review the
9.31following institutional priority allocations to
9.32determine whether the programs are critical
9.33to advancing the educational mission and
9.34priorities of the system:
9.35(i) farm and small business programs;
10.1(ii) centers of excellence;
10.2(iii) competitive salaries;
10.3(iv) community energy pilots;
10.4(v) economic development e-folio upgrade;
10.5and
10.6(vi) northeast higher education district/range
10.7vocational education.
10.8The chancellor must make recommendations,
10.9by February 1, 2010, to the Board of
10.10Trustees concerning the priority allocations.
10.11If the board determines that a program is
10.12not essential to advancing the educational
10.13mission and priorities of the system, then
10.14the board may discontinue a program and
10.15reallocate the funding.
10.16(5) The system base is $627,849,000 in fiscal
10.17year 2012 and $627,849,000 in fiscal year
10.182013.
| 10.19 10.20 |
Subd. 3.American Recovery and Reinvestment Act of 2009 |
60,062,000 |
0 |
||||
10.22stabilization account in the federal fund.
10.23This appropriation must be allocated to
10.24mitigate the need to raise tuition and
10.25fees for Minnesota resident students. This
10.26appropriation may be used for modernization,
10.27renovation, or repair of facilities that are
10.28primarily used for instruction, research,
10.29or student housing but may not be used
10.30for maintenance of systems, equipment,
10.31or facilities. Amounts in this subdivision
10.32must not be allocated to modernization,
10.33renovation, or repair of stadiums or other
10.34facilities primarily used for athletic contests
10.35or exhibitions or other events for which
11.1admission is charged to the general public
11.2and must not be allocated to any facility
11.3used for sectarian instruction or religious
11.4worship or in which a substantial portion of
11.5the functions of the facilities are subsumed
11.6in a religious mission. No amount from this
11.7appropriation can be allocated to increase
11.8endowment funds.
11.9The Board of Trustees must consult with
11.10the chairs of the legislative committees with
11.11jurisdiction over higher education finance
11.12and then submit a plan to the director of the
11.13Minnesota Office of Higher Education and
11.14the chairs of the legislative committees with
11.15jurisdiction over higher education finance by
11.16June 1, 2009. The plan must describe how
11.17the board will allocate the appropriations
11.18in this subdivision. The plan must describe
11.19the amounts that will be allocated to
11.20scholarships, grants, or other types of tuition
11.21assistance for Minnesota resident students
11.22and the effect of the allocations on the
11.23amount of proposed tuition increases that
11.24are mitigated. The plan must also describe
11.25any amounts allocated to other education
11.26and general purposes, and how the amounts
11.27allocated to these purposes will mitigate the
11.28need to raise tuition for Minnesota resident
11.29students. The director must consult with the
11.30chairs of the legislative committees with
11.31jurisdiction over higher education finance
11.32prior to approving the plan submitted by the
11.33Board of Trustees. The director may require
11.34the Board of Trustees to modify the plan.
11.35The director must approve the plan by June
11.3615, 2009. The Board of Trustees must not
12.1implement the plan until the director has
12.2approved the plan.
12.3An additional $15,578,000 is appropriated
12.4from the fiscal stabilization account for fiscal
12.5year 2009 and must be allocated according to
12.6the requirements of this subdivision.
12.7EFFECTIVE DATE.Subdivision 3 is effective the day following final enactment.
| 12.8 12.9 |
Sec. 5. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA |
||||||
| 12.10 |
Subdivision 1.Total Appropriation |
$ |
691,837,000 |
$ |
662,852,000 |
||
| 12.11 |
Appropriations by Fund |
||
| 12.12 |
2010 |
2011 |
|
| 12.13 |
General |
632,017,000 |
660,695,000 |
| 12.14 |
Health Care Access |
2,157,000 |
2,157,000 |
| 12.15 |
Federal |
57,663,000 |
0 |
12.17purpose are specified in the following
12.18subdivisions.
| 12.19 |
Subd. 2.Operations and Maintenance |
559,469,000 |
588,147,000 |
||||
12.21operation and maintenance of the system.
12.22The operations and maintenance base
12.23is $572,580,000 in fiscal year 2012 and
12.24$572,580,000 in fiscal year 2013.
| 12.25 |
Subd. 3.Primary Care Education Initiatives |
2,157,000 |
2,157,000 |
||||
12.27access fund.
| 12.28 12.29 |
Subd. 4.American Recovery and Reinvestment Act of 2009 |
57,663,000 |
0 |
||||
12.31stabilization account in the federal fund.
12.32This appropriation must be allocated to
12.33mitigate the need to raise tuition and
13.1fees for Minnesota resident students. This
13.2appropriation may be used for modernization,
13.3renovation, or repair of facilities that are
13.4primarily used for instruction, research,
13.5or student housing but may not be used
13.6for maintenance of systems, equipment,
13.7or facilities. Amounts in this subdivision
13.8must not be allocated to modernization,
13.9renovation, or repair of stadiums or other
13.10facilities primarily used for athletic contests
13.11or exhibitions or other events for which
13.12admission is charged to the general public
13.13and must not be allocated to any facility
13.14used for sectarian instruction or religious
13.15worship or in which a substantial portion of
13.16the functions of the facilities are subsumed
13.17in a religious mission. No amount from this
13.18appropriation can be allocated to increase
13.19endowment funds.
13.20The Board of Regents must consult with the
13.21chairs of the legislative committees with
13.22jurisdiction over higher education finance
13.23and then submit a plan to the director of the
13.24Minnesota Office of Higher Education and
13.25the chairs of the legislative committees with
13.26jurisdiction over higher education finance by
13.27June 1, 2009. The plan must describe how
13.28the board will allocate the appropriations
13.29in this subdivision. The plan must describe
13.30the amounts that will be allocated to
13.31scholarships, grants, or other types of tuition
13.32assistance for Minnesota resident students
13.33and the effect of the allocations on the
13.34amount of proposed tuition increases that
13.35are mitigated. The plan must also describe
13.36any amounts allocated to other education
14.1and general purposes, and how the amounts
14.2allocated to these purposes will mitigate the
14.3need to raise tuition for Minnesota resident
14.4students. The director must consult with the
14.5chairs of the legislative committees with
14.6jurisdiction over higher education finance
14.7prior to approving the plan submitted by the
14.8Board of Regents. The director may require
14.9the Board of Regents to modify the plan.
14.10The director must approve the plan by June
14.1115, 2009. The Board of Regents must not
14.12implement the plan until the director has
14.13approved the plan.
14.14An additional $14,968,000 is appropriated
14.15from the fiscal stabilization account for fiscal
14.16year 2009 and must be allocated according to
14.17the requirements of this subdivision.
| 14.18 |
Subd. 5.Special Appropriations |
||||||
| 14.19 |
(a) Agriculture and Extension Service |
52,175,000 |
52,175,000 |
||||
14.21and the Minnesota Extension Service. This
14.22appropriation includes $1,500,000 each year
14.23to promote alternative livestock research
14.24and outreach, and for an ongoing organic
14.25research and education program according to
14.26clauses (2), (3), and (4).
14.27(2) This appropriation includes funding
14.28for research efforts that demonstrate a
14.29renewed emphasis on the needs of the state's
14.30production agriculture community and a
14.31continued focus on renewable energy derived
14.32from Minnesota biomass resources including
14.33agronomic crops, plant and animal wastes,
14.34and native plants or trees, with priority for
14.35extending the Minnesota vegetable growing
15.1season; fertilizer and soil fertility research
15.2and development; treating and curing human
15.3diseases utilizing plant and livestock cells;
15.4using biofuel production coproducts as
15.5feed for livestock; and a rapid agricultural
15.6response fund for current or emerging
15.7animal, plant, and insect problems affecting
15.8production or food safety. In addition, the
15.9appropriation may be used to secure a facility
15.10and retain current faculty levels for poultry
15.11research currently conducted at UMore Park.
15.12(3) In the area of renewable energy, priority
15.13should be given to projects pertaining to:
15.14biofuel and other energy production from
15.15small grains; alternative bioenergy crops and
15.16cropping systems; and growing, harvesting,
15.17and transporting biomass plant material.
15.18(4) This appropriation includes funding for
15.19the college of food, agricultural, and natural
15.20resources sciences to establish and maintain
15.21a statewide organic research and education
15.22initiative to provide leadership for organic
15.23agronomic, horticultural, livestock, and food
15.24systems research, education, and outreach
15.25and for the purchase of state-of-the-art
15.26laboratory, planting, tilling, harvesting, and
15.27processing equipment necessary for this
15.28project.
15.29(5) By February 1, 2011, the Board of Regents
15.30must report to the legislative committees
15.31with responsibility for agriculture and
15.32higher education finance on the research and
15.33initiatives under clauses (2), (3), and (4).
| 15.34 |
(b) Health Sciences |
5,251,000 |
5,251,000 |
||||
16.2resident physicians in the St. Cloud Hospital
16.3family practice residency program. The
16.4program must prepare doctors to practice
16.5primary care medicine in the rural areas of
16.6the state. The legislature intends this program
16.7to improve health care in rural communities,
16.8provide affordable access to appropriate
16.9medical care, and manage the treatment of
16.10patients in a more cost-effective manner.
16.11The remainder of this appropriation is for
16.12the rural physicians associates program, the
16.13Veterinary Diagnostic Laboratory, health
16.14sciences research, dental care, and the
16.15Biomedical Engineering Center.
| 16.16 |
(c) Institute of Technology |
1,387,000 |
1,387,000 |
||||
16.18youth mathematics program.
| 16.19 |
(d) System Special |
6,155,000 |
6,155,000 |
||||
16.21money, industrial relations education, Natural
16.22Resources Research Institute, Center for
16.23Urban and Regional Affairs, Bell Museum of
16.24Natural History, and the Humphrey exhibit.
| 16.25 16.26 |
Subd. 6.University of Minnesota and Mayo Foundation Partnership |
7,500,000 |
7,500,000 |
||||
16.28collaborative research partnership between
16.29the University of Minnesota and the Mayo
16.30Foundation for research in biotechnology
16.31and medical genomics. This appropriation is
16.32available until expended. An annual report
16.33on the expenditure of this appropriation
16.34must be submitted to the governor and the
16.35chairs and ranking minority members of
17.1the senate and house of representatives
17.2committees responsible for higher education
17.3and economic development by June 30 of
17.4each fiscal year.
17.5All parties to the partnership and the chairs of
17.6the legislative committees with jurisdiction
17.7over higher education finance must be
17.8consulted before the Board of Regents
17.9reduces the amount appropriated under this
17.10subdivision during the biennium ending June
17.1130, 2011.
| 17.12 |
Subd. 7.Bovine Tuberculosis Research |
80,000 |
80,000 |
||||
| 17.13 |
Subd. 8.Academic Health Center |
||||||
17.15Center funding under Minnesota Statutes,
17.16section 297F.10, is $22,250,000 each year.
17.17EFFECTIVE DATE.Subdivision 4 is effective the day following final enactment.
| 17.18 |
Sec. 6. MAYO MEDICAL FOUNDATION |
||||||
| 17.19 |
Subdivision 1.Total Appropriation |
$ |
1,209,000 |
$ |
1,256,000 |
||
17.21purposes are specified in the following
17.22subdivisions.
| 17.23 |
Subd. 2.Medical School |
595,000 |
618,000 |
||||
17.25each year for each student who is a resident
17.26of Minnesota. The appropriation may be
17.27transferred between years of the biennium to
17.28accommodate enrollment fluctuations.
17.29It is intended that during the biennium the
17.30Mayo Clinic use the capitation money to
17.31increase the number of doctors practicing in
17.32rural areas in need of doctors.
| 18.1 18.2 |
Subd. 3.Family Practice and Graduate Residency Program |
614,000 |
638,000 |
||||
18.4support for up to 27 residents each year.
| 18.5 |
Sec. 7. BOARD OF DENTISTRY |
$ |
93,000 |
$ |
17,000 |
||
18.7government special revenue fund for the
18.8purpose of licensing oral health practitioners
18.9and dental therapists. The base appropriation
18.10of the Board of Dentistry must be decreased
18.11by $11,000 in fiscal year 2012 and $11,000
18.12in fiscal year 2013.
| 18.13 |
Sec. 8. DEPARTMENT OF HEALTH |
||||||
18.15of Health from the state government special
18.16revenue fund is increased by $48,000 in
18.17fiscal year 2012 and by $141,000 in fiscal
18.18year 2013 for the purpose of the evaluation
18.19process for assessing the impact of oral
18.20health practitioners and dental therapists.
18.21This appropriation must not be added to the
18.22department's base after fiscal year 2014.
18.23 Sec. 9. Laws 2007, chapter 144, article 1, section 4, subdivision 3, is amended to read:
| 18.24 |
Subd. 3.Board Policies |
||||||
18.26students to add the cost of textbooks and
18.27required course materials purchased at a
18.28campus bookstore, owned by or operated
18.29under a contract with the campus, to the
18.30existing waivers or payment plans for tuition
18.31and fees.
19.1
19.2
19.3
19.4
19.5
19.6
19.7
19.8
19.9
19.10
19.11
19.12
19.15 Section 1. Minnesota Statutes 2008, section 13.3215, is amended to read:
19.1613.3215 UNIVERSITY OF MINNESOTA DATA.
19.17 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this
19.18subdivision have the meanings given them.
19.19(b) "Business data" is data described in section 13.591, subdivision 1, and includes
19.20the funded amount of the University of Minnesota's commitment to the investment
19.21to date, if any; the market value of the investment by the University of Minnesota; the
19.22University of Minnesota's internal rate of return for the investment, including expenditures
19.23and receipts used in the calculation of the investment's internal rate of return; and the
19.24age of the investment in years.
19.25(c) "Financial, business, or proprietary data" means data, as determined by the
19.26responsible authority for the University of Minnesota, that are of a financial, business, or
19.27proprietary nature, the release of which could cause competitive harm to the University
19.28of Minnesota, the legal entity in which the University of Minnesota has invested or has
19.29considered an investment, the managing entity of an investment, or a portfolio company in
19.30which the legal entity holds an interest.
19.31(d) "Investment" means the investments by the University of Minnesota in the
19.32following private capital:
19.33(1) venture capital and other private equity investment businesses through
19.34participation in limited partnerships, trusts, limited liability corporations, limited liability
19.35companies, limited liability partnerships, and corporations;
20.1(2) real estate ownership interests or loans secured by mortgages or deeds of trust or
20.2shares of real estate investment trusts through investment in limited partnerships; and
20.3(3) natural resource investments through limited partnerships, trusts, limited liability
20.4corporations, limited liability companies, limited liability partnerships, and corporations.
20.5 Subd. 2. Claims experience data. Claims experience and all related information
20.6received from carriers and claims administrators participating in a University of Minnesota
20.7group health, dental, life, or disability insurance plan or the University of Minnesota
20.8workers' compensation program, and survey information collected from employees or
20.9students participating in these plans and programs, except when the university determines
20.10that release of the data will not be detrimental to the plan or program, are classified as
20.11nonpublic data
20.12 Subd. 3. Private equity investment data. (a) Financial, business, or proprietary
20.13data and business data collected, created, received, or maintained by the University of
20.14Minnesota in connection with investments are nonpublic data.
20.15(b) The name of the general partners and the legal entity in which the University of
20.16Minnesota has invested; the amount of the University of Minnesota's initial commitment;
20.17and the portfolio performance of University of Minnesota investments overall, including
20.18the number of investments, the total amount of University of Minnesota commitments, the
20.19total current market value, and the return on the total investment portfolio, are public.
20.20EFFECTIVE DATE.This section is effective the day following final enactment.
20.21 Sec. 2. Minnesota Statutes 2008, section 124D.09, subdivision 9, is amended to read:
20.22 Subd. 9. Enrollment priority. A postsecondary institution shall give priority to
20.23its postsecondary students when enrolling 11th and 12th grade pupils in its courses. A
20.24postsecondary institution may provide information about its programs to a secondary
20.25school or to a pupil or parent
20.26
20.27An institution must not enroll secondary pupils, for postsecondary enrollment options
20.28purposes, in remedial, developmental, or other courses that are not college level. Once a
20.29pupil has been enrolled in a postsecondary course under this section, the pupil shall not
20.30be displaced by another student.
20.31EFFECTIVE DATE.This section is effective the day following final enactment.
20.32 Sec. 3. [127A.70] MINNESOTA P-20 EDUCATION PARTNERSHIP.
21.1 Subdivision 1. Establishment; membership. A P-20 education partnership is
21.2established to create a seamless system of education that maximizes achievements of
21.3all students, from early childhood through elementary, secondary, and postsecondary
21.4education, while promoting the efficient use of financial and human resources. The
21.5partnership shall consist of major statewide educational groups or constituencies or
21.6noneducational statewide organizations with a stated interest in P-20 education. The initial
21.7membership of the partnership includes the members serving on the Minnesota P-16
21.8Education Partnership and four legislators appointed as follows:
21.9 (1) one senator from the majority party and one senator from the minority party,
21.10appointed by the senate Subcommittee on Committees of the Committee on Rules and
21.11Administration; and
21.12 (2) one member of the house of representatives appointed by the speaker of the
21.13house and one member appointed by the minority leader of the house of representatives.
21.14 Prospective members may be nominated by any partnership member and new
21.15members will be added with the approval of a two-thirds majority of the partnership. The
21.16partnership will also seek input from nonmember organizations whose expertise can help
21.17inform the partnership's work. The partnership shall select a chair from its membership.
21.18 Partnership members shall be represented by the chief executives, presidents, or
21.19other formally designated leaders of their respective organizations, or their designees. The
21.20partnership shall meet at least three times during each calendar year.
21.21 Subd. 2. Powers and duties; report. The partnership shall develop
21.22recommendations to the governor and the legislature designed to maximize the
21.23achievement of all P-20 students while promoting the efficient use of state resources,
21.24thereby helping the state realize the maximum value for its investment. These
21.25recommendations may include, but are not limited to, strategies, policies, or other actions
21.26focused on:
21.27 (1) improving the quality of and access to education at all points from preschool
21.28through the graduate education;
21.29 (2) improving preparation for, and transitions to, postsecondary education and
21.30work; and
21.31 (3) ensuring educator quality by creating rigorous standards for teacher recruitment,
21.32teacher preparation, induction and mentoring of beginning teachers, and continuous
21.33professional development for career teachers.
21.34 By January 15 of each year, the partnership shall submit a report to the governor
21.35and to the chairs and ranking minority members of the legislative committees and
21.36divisions with jurisdiction over P-20 education policy and finance that summarizes the
22.1partnership's progress in meeting its goals and identifies the need for any draft legislation
22.2when necessary to further the goals of the partnership to maximize student achievement
22.3while promoting efficient use of resources. Until the partnership determines otherwise, the
22.4commissioner of education shall provide the necessary staff support and meeting space
22.5for meetings of the partnership.
22.6Members of the partnership may not receive any compensation or reimbursement for
22.7expenses for their service in the partnership.
22.8 Subd. 3. Expiration. Notwithstanding section 15.059, subdivision 5, the partnership
22.9is permanent and does not expire.
22.10 Sec. 4. Minnesota Statutes 2008, section 135A.08, subdivision 1, is amended to read:
22.11 Subdivision 1. Course equivalency. The Board of Regents of the University of
22.12Minnesota and the Board of Trustees of the Minnesota State Colleges and Universities
22.13shall develop and maintain course equivalency guides for use between institutions that
22.14have a high frequency of transfer. The course equivalency guides must include information
22.15on the course equivalency and awarding of credit for learning acquired as a result of
22.16the successful completion of formal military courses and occupational training. Course
22.17equivalency guides
22.18not been divided into identifiable courses. The governing boards of private institutions
22.19that grant associate and baccalaureate degrees and that have a high frequency of transfer
22.20students are requested to participate in developing these guides.
22.21 Sec. 5. [135A.157] NOTICE TO PROSPECTIVE STUDENTS.
22.22A public or private postsecondary educational institution located in this state shall
22.23give the notice specified in this section to each person applying to be a student at the
22.24institution:
22.25 "NOTICE REGARDING POSSIBLE IMPACT OF CRIMINAL RECORDS
22.26 If you have been arrested, charged, or convicted of any criminal offense, you
22.27should investigate the impact that the arrest, charge, or conviction may have on your
22.28chances of employment in the field you intend to study and on your chances to obtain
22.29federal, state, and other financial aid."
22.30 Sec. 6. Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to read:
22.31 Subd. 2.
22.32
22.33within the Minnesota State Colleges and Universities must prepare a current list of
23.1students enrolled in the institution and residing
23.2
23.3student's name and current address, unless the name or address is not designated as public
23.4data under section 13.32, subdivision 5. The list
23.5
23.625 days before the November general election, in an electronic format specified by the
23.7secretary of state, for use in election day registration as provided under section
23.8subdivision 3
23.9of the postsecondary educational institution, or for institutions within the Minnesota State
23.10Colleges and Universities, by the chancellor, and must state that the list is current and
23.11accurate and includes only the names of currently enrolled students residing in Minnesota
23.12as of the date of certification. The secretary of state must combine the data received from
23.13each postsecondary educational institution under this subdivision and must process the
23.14data to locate the precinct in which the address provided for each student is located. If the
23.15data submitted by the postsecondary educational institution is insufficient for the secretary
23.16of state to locate the proper precinct, the associated student name must not appear in any
23.17list forwarded to a county auditor under this subdivision.
23.18At least 14 days before the November general election, the secretary of state
23.19must forward to the appropriate county auditor lists of students containing the students'
23.20names and addresses for which precinct determinations have been made along with their
23.21postsecondary educational institutions. The list must be sorted by precinct and student
23.22last name and must be forwarded in an electronic format specified by the secretary of
23.23state or other mutually agreed upon medium, if a written agreement specifying the
23.24medium is signed by the secretary of state and the county auditor at least 90 days before
23.25the November general election. A written agreement is effective for all elections until
23.26rescinded by either the secretary of state or the county auditor.
23.27(b) Other postsecondary institutions may provide lists as provided by this subdivision
23.28or as provided by the rules of the secretary of state. The University of Minnesota is
23.29requested to comply with this subdivision.
23.30(c) A residential housing list provided under this subdivision may not be used or
23.31disseminated by a county auditor or the secretary of state for any other purpose.
23.32 Sec. 7. Minnesota Statutes 2008, section 135A.25, subdivision 4, is amended to read:
23.33 Subd. 4. Minnesota Office of Higher Education responsibilities.
23.34postsecondary institutions, the Minnesota Office of Higher Education must develop
23.35educational materials considering the recommendations by the Minnesota Office of Higher
24.1Education and others and at least annually convene and sponsor meetings and workshops
24.2and provide educational strategies for faculty, students, administrators, institutions, and
24.3bookstores to inform all interested parties on strategies for reducing the costs of course
24.4materials for students attending postsecondary institutions.
24.5
24.6
24.7
24.8
24.9
24.10 Sec. 8. [135A.61] HIGH SCHOOL-TO-COLLEGE DEVELOPMENTAL
24.11TRANSITION PROGRAMS.
24.12 Subdivision 1. High school-to-college developmental transition programs. All
24.13public higher education systems and other higher education institutions in Minnesota
24.14are encouraged to offer research-based high school-to-college developmental transition
24.15programs to prepare students for college-level academic coursework. An entity that
24.16provides a program under this section must promote the program as part of its activities
24.17under section 136A.121, subdivision 20. A program under this section must, at a
24.18minimum, include instruction to develop the skills and abilities necessary to be ready for
24.19college-level academic coursework when the student enrolls in a degree, diploma, or
24.20certificate program and the skills identified as needing improvement by a college readiness
24.21assessment completed by the student. A program offered under this section must not
24.22constitute more than the equivalent of one semester of full-time study occurring in the
24.23summer following high school graduation. The courses completed in a program under this
24.24section must be identified on the student's transcript with a unique identifier to distinguish
24.25it from other developmental education classes or programs.
24.26 Subd. 2. High school-to-college developmental transition programs evaluation
24.27report. (a) Institutions that offer a high school-to-college developmental transition
24.28program and enroll students that receive a grant under section 136A.121, subdivision
24.299b, must annually submit a report to the director of the Minnesota Office of Higher
24.30Education that provides data and information about the program provided to students and
24.31the results for students.
24.32(b) Institutions must specify both program and student outcome goals and the
24.33activities implemented to achieve the goals. The goals must be clearly stated and
24.34measurable. Institutions must collect, analyze, and report on program participation and
25.1outcome data that enable the director to verify the program has met the outcome goals
25.2established for the program.
25.3(c) The report submitted to the director by an institution must include, at a minimum,
25.4the following information:
25.5(1) demographic information about the students;
25.6(2) names of the high schools from which the students graduated;
25.7(3) the placement test used to determine the student was not ready for college-level
25.8academic course work;
25.9(4) the curriculum content areas assessed and the scores received by the students;
25.10(5) a description of the services, including any supplemental noncredit academic
25.11support services, provided to students;
25.12(6) data on the registration load, courses completed, and grades received by students;
25.13(7) data on the placement test scores and course grades of students that participated in
25.14the programs compared to the placement test scores and course grades of nonparticipants;
25.15(8) the retention of students from the term they participated in the program to the
25.16fall term immediately following graduation from high school, including the number of
25.17credits for which they enrolled and the grades they received;
25.18(9) information about the student's enrollment in subsequent terms; and
25.19(10) other information specified by the director.
25.20(d) The director must establish and convene a data working group to develop the
25.21necessary procedures, as well as a timeline, for the collection, analysis, and submission of
25.22data and information to the director. The data working group must develop data collection
25.23and analysis procedures that ensure consistency in the data collected by each institution
25.24and identify the types of program delivery procedures most successful with students that
25.25present a variety of academic and socioeconomic characteristics. The data group must
25.26include representatives of all sectors of higher education in the state that offer a program
25.27under this section and have expertise in data collection processes and the delivery of
25.28academic programs to students. The data group must assist the director in the preparation
25.29of the report synthesizing information from each institutional report.
25.30 Subd. 3. Report to legislature. By December 15 of each year, the director shall
25.31submit a report to the committees of the legislature with jurisdiction over higher education
25.32finance and policy regarding the academic performance of students who participated in the
25.33transition programs compared to the performance of students who did not participate in
25.34the program. The report submitted to the legislature must incorporate information from
25.35the reports submitted by the institutions participating in the program.
26.1 Sec. 9. Minnesota Statutes 2008, section 136A.08, subdivision 1, is amended to read:
26.2 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
26.3have the meanings given them.
26.4(b) "Province" and "provincial" mean the Canadian province of Manitoba.
26.5(c) "Resident of this state" means a resident student as defined in section 136A.101,
26.6subdivision 8.
26.7 Sec. 10. Minnesota Statutes 2008, section 136A.08, is amended by adding a
26.8subdivision to read:
26.9 Subd. 9. Appeal; resident status. A student who does not meet the definition of
26.10resident after residing in Minnesota for 12 months may appeal to the director by providing
26.11documentation on the student's reasons for residing in Minnesota. The director may
26.12grant resident status for the purpose of this section to the student upon determining the
26.13documentation establishes that postsecondary education was not the student's principal
26.14reason for residing in Minnesota.
26.15 Sec. 11. Minnesota Statutes 2008, section 136A.101, subdivision 5a, is amended to
26.16read:
26.17 Subd. 5a. Assigned family responsibility. "Assigned family responsibility" means
26.18the amount of a family's contribution to a student's cost of attendance, as determined by a
26.19federal need analysis. For dependent students, the assigned family responsibility is
26.20percent of the parental contribution. For independent students with dependents other than
26.21a spouse, the assigned family responsibility is
26.22For independent students without dependents other than a spouse, the assigned family
26.23responsibility is
26.24 Sec. 12. Minnesota Statutes 2008, section 136A.121, is amended by adding a
26.25subdivision to read:
26.26 Subd. 5a. Minnesota promise. (a) The stipend for an applicant who has an income
26.27used to determine eligibility that is less than 185 percent of the federal poverty guidelines,
26.28adjusted for family size, is the greater of:
26.29(1) the stipend calculated under subdivision 5 plus the applicant's Pell grant; or
26.30(2) an amount equal to the tuition and required fees under subdivision 6 at a
26.31Minnesota public two-year community college or consolidated community and technical
26.32college.
27.1(b) The stipend under this subdivision is the Minnesota promise. The Minnesota
27.2Office of Higher Education must prepare and distribute materials under section 136A.87
27.3to promote the Minnesota promise and the benefits of higher education for all students
27.4and particularly for students from low-income families.
27.5 Sec. 13. Minnesota Statutes 2008, section 136A.121, is amended by adding a
27.6subdivision to read:
27.7 Subd. 9b. Onetime grant for high school-to-college developmental transition
27.8program. (a) A student who enrolls in a program under section 135A.61 is eligible for
27.9a onetime grant to help pay expenses to attend the program. The amount of the grant
27.10must be determined according to subdivision 5, except as modified by paragraph (b).
27.11The requirement in subdivision 9a that subtracts a federal Pell Grant award for which a
27.12student would be eligible, even if the student has exhausted the federal Pell Grant award,
27.13does not apply to a student who receives a grant under this subdivision in the award
27.14year in which the grant is received. The maximum grant under this subdivision must be
27.15reduced by the average amount a student would earn working in an on-campus work-study
27.16position for ten hours per week during a summer term. The office must determine an
27.17amount for student earnings in a summer term, using available data about earnings, before
27.18determining the amount awarded under this subdivision.
27.19(b) If an applicant's income used to determine eligibility is less than 185 percent of
27.20the federal poverty guideline, adjusted for family size, the maximum amount of the grant
27.21is the cost of attendance under subdivision 6.
27.22(c) A grant under this subdivision is in addition to grants for the eight semesters or
27.23equivalent under subdivision 9. A grant under this subdivision must not be awarded for
27.24the same term for which another grant is awarded under this section.
27.25EFFECTIVE DATE.This section is effective for students who graduate from high
27.26school after December 31, 2009.
27.27 Sec. 14. Minnesota Statutes 2008, section 136A.121, is amended by adding a
27.28subdivision to read:
27.29 Subd. 20. Institutional partnership with high schools. An eligible institution in
27.30Minnesota that enrolls a student who receives a grant under this section must develop a
27.31partnership to promote academic preparation and college attendance with at least two high
27.32schools that have not made adequate yearly progress in reading and math in the most
27.33recent year. The Minnesota Office of Higher Education must maintain a current list of
27.34high schools in the state that have not made adequate yearly progress in reading and
28.1math in the most recent year and are eligible to be considered a partner school under this
28.2subdivision. The partnership must include:
28.3(1) making available to students, at low cost or no cost, a college readiness
28.4assessment that meets recognized standards;
28.5(2) assisting students and families in completing the Free Application for Federal
28.6Student Aid (FAFSA); and
28.7(3) visiting a college campus.
28.8 Sec. 15. Minnesota Statutes 2008, section 136A.127, subdivision 2, is amended to read:
28.9 Subd. 2. Definition; qualifying program. For the purposes of this section, a
28.10"qualifying program" means a rigorous secondary school program of study defined by
28.11the Department of Education under agreement with the Secretary of Education for the
28.12purposes of determining eligibility for the federal Academic Competitiveness Grant
28.13Program under Title IV of the Higher Education Act of 1965, as amended. If a qualifying
28.14program includes a foreign language requirement, the foreign language requirement is
28.15waived for a student whose first language is not English and who attains English language
28.16proficiency.
28.17EFFECTIVE DATE.This section is effective the day following final enactment
28.18and applies to students who graduate on or after January 1, 2009.
28.19 Sec. 16. Minnesota Statutes 2008, section 136A.127, subdivision 4, is amended to read:
28.20 Subd. 4. Student eligibility. To be eligible to receive a scholarship under this
28.21section, in addition to the requirements listed under section
28.22 (1) submit a Free Application for Federal Student Aid (FAFSA);
28.23 (2)
28.24
28.25home-school setting under section
28.26and graduate with an unweighted 2.5 grade point average or higher;
28.27 (3) have a family adjusted gross income of less than
28.28
28.29
28.30size as reported in the federal need analysis. The Office of Higher Education or the
28.31postsecondary institution may request documentation to confirm income eligibility;
28.32 (4) be a United States citizen or eligible noncitizen, as defined in section 484 of the
28.33Higher Education Act, United States Code, title 20, sections 1091 et seq., as amended,
28.34and Code of Federal Regulations, title 34, section
29.1 (5) be a Minnesota resident, as defined in section
29.3 enroll full-time in a degree, diploma, or certificate program in the fall term immediately
29.4following high school graduation at an eligible institution as defined under section
29.7and applies to students who graduate on or after January 1, 2009.
29.8 Sec. 17. Minnesota Statutes 2008, section 136A.127, subdivision 9, is amended to read:
29.9 Subd. 9. Scholarship awards.
29.10
29.11
29.12is the amount remaining after deducting from the total amount of qualifying expenses
29.13under subdivision 10 all amounts of federal, state, private, and institutional grants and gift
29.14aid from any source and the amount under subdivision 10a. The
29.15may be used to pay for qualifying expenses at eligible institutions.
29.16EFFECTIVE DATE.This section is effective the day following final enactment
29.17and applies to students who graduate on or after January 1, 2009.
29.18 Sec. 18. Minnesota Statutes 2008, section 136A.127, subdivision 10, is amended to
29.19read:
29.20 Subd. 10. Qualifying expenses. Qualifying expenses are components included
29.21under the cost of attendance used for federal student financial aid programs, as defined
29.22in
29.231087ll et seq., as amended for the institution the student attends. The maximum qualifying
29.24expenses under this subdivision is the average total qualifying expenses at the four-year
29.25institutions of the Minnesota State Colleges and Universities.
29.26EFFECTIVE DATE.This section is effective the day following final enactment
29.27and applies to students who graduate on or after January 1, 2009.
29.28 Sec. 19. Minnesota Statutes 2008, section 136A.127, is amended by adding a
29.29subdivision to read:
29.30 Subd. 10a. Student investment. A student investment is required in an amount
29.31equal to the average amount a student would earn working in an on-campus work-study
29.32position for ten hours per week during a term. The office must determine an amount under
30.1this subdivision, using available data about earnings, before determining the amount
30.2awarded under subdivision 9.
30.3EFFECTIVE DATE.This section is effective the day following final enactment
30.4and applies to students who graduate on or after January 1, 2009.
30.5 Sec. 20. Minnesota Statutes 2008, section 136A.127, subdivision 12, is amended to
30.6read:
30.7 Subd. 12. Availability of scholarship funds.
30.8
30.9
30.10
30.11scholarship under this section, the scholarship may be renewed for up to three consecutive
30.12award years of continuous enrollment in a degree, diploma, or certificate program at an
30.13eligible institution. The student must make satisfactory academic progress and have at
30.14least a cumulative 3.0 grade point average on a 4.0 scale for the first and subsequent award
30.15years of study to continue receiving a scholarship.
30.16EFFECTIVE DATE.This section is effective the day following final enactment
30.17and applies to students who graduate on or after January 1, 2009.
30.18 Sec. 21. Minnesota Statutes 2008, section 136A.127, subdivision 14, is amended to
30.19read:
30.20 Subd. 14. Evaluation report. By January 15 of each
30.21Office of Higher Education shall submit a report, to the committees of the legislature with
30.22jurisdiction over higher education finance and policy, regarding the
30.23
30.24minimum, the following information:
30.25 (1) the demographics of individuals participating in the program;
30.26
30.27
30.28
30.29institution for a second year;
30.30
30.31
30.32
30.33institution; and
31.1
31.2 Sec. 22. Minnesota Statutes 2008, section 136A.1701, subdivision 10, is amended to
31.3read:
31.4 Subd. 10. Prohibition on use of state money. Except as provided in section
31.5136A.1787, subdivision 1, no money originating from state sources in the state treasury
31.6shall be made available for student loans under this section and all student loans shall be
31.7made from money originating from nonstate sources.
31.8 Sec. 23. [136A.1787] ANNUAL CERTIFICATE OF MINIMUM NEEDED FOR
31.9BUDGET.
31.10 Subdivision 1. Certification to governor. In order to ensure the payment of the
31.11principal of and interest on bonds and notes of the office and the continued maintenance of
31.12the loan capital fund under section 136A.1785, the office shall annually determine and
31.13certify to the governor, on or before December 1:
31.14(1) the amount, if any, then needed to restore the loan capital fund to the minimum
31.15amount required by a resolution or indenture relating to any bonds or notes of the office,
31.16not exceeding the maximum amount of principal and interest to become due and payable
31.17in any subsequent year on all bonds or notes which are then outstanding;
31.18(2) the amount, if any, determined by the office to be needed in the then immediately
31.19ensuing fiscal year, with other money pledged and estimated to be received during that
31.20year, for the payment of the principal and interest due and payable in that year on all then
31.21outstanding bonds and notes; and
31.22(3) the amount, if any, then needed to restore any debt service fund securing any
31.23outstanding bonds or notes of the office to the amount required in a resolution or indenture
31.24relating to such outstanding bonds or notes.
31.25 Subd. 2. Governor's budget. The governor shall include and submit the amounts
31.26certified by the office in accordance with this section to the legislature in the governor's
31.27budget for the following fiscal year, or in a supplemental budget if the regular budget for
31.28that year has previously been approved.
31.29 Sec. 24. Minnesota Statutes 2008, section 136A.87, is amended to read:
31.30136A.87 PLANNING INFORMATION FOR POSTSECONDARY
31.31EDUCATION.
31.32The office shall make available to all residents
31.33through adulthood information about planning and preparing for postsecondary
32.1opportunities. Information must be provided to all
32.2annually by
32.3their postsecondary education. The office may also provide information to high school
32.4students and their parents, to adults, and to out-of-school youth. The information provided
32.5may include the following:
32.6(1) the need to start planning early;
32.7(2) the availability of assistance in educational planning from educational institutions
32.8and other organizations;
32.9(3) suggestions for studying effectively during high school;
32.10(4) high school courses necessary to be adequately prepared for postsecondary
32.11education;
32.12(5) encouragement to involve parents actively in planning for all phases of education;
32.13(6) information about
32.14opportunities existing in the state, their respective missions and expectations for students,
32.15their preparation requirements, admission requirements, and student placement;
32.16(7) ways to evaluate and select postsecondary institutions;
32.17(8) the process of transferring credits among Minnesota postsecondary institutions
32.18and systems;
32.19(9) the costs of postsecondary education and the availability of financial assistance
32.20in meeting these costs, including specific information about the Minnesota promise and
32.21achieve scholarship program;
32.22(10) the interrelationship of assistance from student financial aid, public assistance,
32.23and job training programs; and
32.24(11) financial planning for postsecondary education
32.25 Sec. 25. Minnesota Statutes 2008, section 136F.02, subdivision 1, is amended to read:
32.26 Subdivision 1. Membership. The board consists of 15 members appointed by the
32.27governor, including three members who are students who have attended an institution for
32.28at least one year and are currently enrolled at least half time in a degree, diploma, or
32.29certificate program in an institution governed by the board. The student members shall
32.30include one member from a community college, one member from a state university, and
32.31one member from a technical college. One member representing labor must be appointed
32.32after considering the recommendations made under section
32.33is not bound by the recommendations. Appointments to the board are with the advice
32.34and consent of the senate. At least one member of the board must be a resident of each
32.35congressional district. All other members must be appointed to represent the state at large.
33.1In selecting appointees, the governor must consider the needs of the board of trustees and
33.2the balance of the board membership with respect to labor and business representation
33.3and racial, gender, geographic, and ethnic composition.
33.4A commissioner of a state agency may not serve as a member of the board.
33.5EFFECTIVE DATE.This section is effective the day following final enactment,
33.6except that a commissioner serving on the board of trustees on the effective date may
33.7continue to serve for the remainder of a current term of appointment to the board.
33.8 Sec. 26. Minnesota Statutes 2008, section 136F.03, subdivision 4, is amended to read:
33.9 Subd. 4. Recommendations. Except for seats filled under sections
33.11candidates for each seat. By April 15 of each even-numbered year in which the governor
33.12makes appointments to the board, the advisory council shall submit its recommendations
33.13to the governor and to the chairs and ranking minority members of the legislative
33.14committees with primary jurisdiction over higher education policy and finance. The
33.15governor is not bound by these recommendations.
33.16 Sec. 27. Minnesota Statutes 2008, section 136F.04, subdivision 4, is amended to read:
33.17 Subd. 4. Recommendations. Each student association shall recommend at least two
33.18and not more than four candidates for its student member. By April 15 of the year in which
33.19its members' term expires, each student association shall submit its recommendations to
33.20the governor and to the chairs and ranking minority members of the legislative committees
33.21with primary jurisdiction over higher education policy and finance. The governor is not
33.22bound by these recommendations.
33.23 Sec. 28. Minnesota Statutes 2008, section 136F.045, is amended to read:
33.24136F.045 LABOR ORGANIZATION BOARD MEMBER SELECTION
33.25PROCESS.
33.26 The Minnesota AFL-CIO shall recruit and screen qualified labor candidates to
33.27be recommended to the governor for appointment to the board. The organization must
33.28develop a process for selecting candidates, and a statement of selection criteria for board
33.29membership that is consistent with the requirements under section
33.30The organization must recommend at least two and no more than four candidates to the
33.31governor beginning in 2010 and every six years thereafter. Recommendations must be
33.32made to the governor and to the chairs and ranking minority members of the legislative
34.1committees with primary jurisdiction over higher education policy and finance by April 15
34.2of the year in which the governor makes appointments to the board. The governor is not
34.3bound by the recommendations.
34.4 Sec. 29. Minnesota Statutes 2008, section 136F.19, subdivision 1, is amended to read:
34.5 Subdivision 1. Establishment. The board
34.6each campus a power of you program at Metropolitan State University, Minneapolis
34.7Community and Technical College, and St. Paul College. The program shall, to the
34.8extent of available funding, make grants to eligible students. Each campus shall develop
34.9partnerships with high schools and school districts as part of the program. The board may
34.10accept and expend private funding for the program.
34.11 Sec. 30. Minnesota Statutes 2008, section 136F.31, is amended to read:
34.12136F.31 CENTERS OF EXCELLENCE.
34.13 Subdivision 1. Board designation. The board
34.14up to eight different program centers of excellence. The board must determine the form
34.15and required information contained in applications from member institutions.
34.16 Subd. 2. Center selection criteria. The board must select programs based on
34.17institutional proposals demonstrating:
34.18(1) the capacity to build multistate regional or national recognition of the program
34.19within five years;
34.20(2) a commitment to expanding the influence of the center to improve results in
34.21related programs in participating institutions;
34.22(3) the capacity to improve employment placement and income expectations of
34.23graduates from the program;
34.24(4) a strong partnership between a four-year and at least one two-year institution that
34.25maximizes the leverage of academic and training capacities in each institution;
34.26(5) a comprehensive academic plan that includes a seamless continuum of academic
34.27offerings in the program area that supports career development at multiple levels in related
34.28employment fields;
34.29(6) a specific development plan that includes a description of how the institution
34.30will pursue continuous improvement and accountability;
34.31(7)
34.32programmatic commitment to the center of excellence on the part of employers who
34.33will benefit from the development of the center. A center for teacher education must
34.34demonstrate support from local school districts;
35.1(8) a commitment from the institution that the new designated funding will not
35.2supplant current budgets from related programs;
35.3(9) a strong existing program upon which the proposed center will build; and
35.4(10) a separate fund for donations dedicated for the program within current
35.5institutional foundations.
35.6The board may adopt additional criteria that promote general goals of the centers.
35.7The board shall give priority to programs that integrate the academic and training outcomes
35.8of the center with business clusters that have a significant multiplier effect on the state's
35.9economy based on projections of job, income, or general economic growth. The board
35.10shall consult with the Department of Employment and Economic Development to identify
35.11these clusters and the potential economic impact of developing a center for excellence.
35.12 Subd. 3. Advisory committee and reports required. A center of excellence must
35.13create an advisory committee representing local, statewide, and national leaders in the
35.14field. By January 15 of each
35.15a report to the governor and the chairs of committees of the legislature with jurisdiction
35.16over higher education finance, that includes annual and integrated data on program
35.17enrollment, student demographics, student admission data, endowment growth, graduation
35.18rates, graduation outcomes, employer involvement, indicators of student or graduate
35.19employment success, and other outcomes as determined by the board. After a center
35.20has been in existence for three years, the report must include measures of the program's
35.21impact on the local economy.
35.22 Sec. 31. [136F.37] JOB PLACEMENT IMPACT ON PROGRAM REVIEW;
35.23INFORMATION TO STUDENTS.
35.24The board must assess labor market data when conducting college program reviews.
35.25The board must require a college to enroll no more than the approximate number of
35.26students in a technical or occupational program that the labor market data indicates have
35.27a reasonable likelihood of obtaining a job in the program field of study. A college must
35.28provide prospective students with the job placement rate for graduates of technical and
35.29occupational programs offered at a college.
35.30 Sec. 32. Minnesota Statutes 2008, section 137.0245, subdivision 2, is amended to read:
35.31 Subd. 2. Membership. The Regent Candidate Advisory Council shall consist of
35.3224 members. Twelve members shall be appointed by the Subcommittee on Committees
35.33of the Committee on Rules and Administration of the senate. Twelve members shall
35.34be appointed by the speaker of the house. Each appointing authority must appoint one
36.1member who is a student enrolled in a degree program at the University of Minnesota at
36.2the time of appointment. No more than one-third of the members appointed by each
36.3appointing authority may be current or former legislators. No more than two-thirds of the
36.4members appointed by each appointing authority may belong to the same political party;
36.5however, political activity or affiliation is not required for the appointment of any member.
36.6Geographical representation must be taken into consideration when making appointments.
36.7Section
36.8(1) the members shall be appointed to six-year terms with one-third appointed each
36.9even-numbered year; and
36.10(2) student members are appointed to two-year terms with two students appointed
36.11each even-numbered year.
36.12A member may not serve more than two full terms.
36.13EFFECTIVE DATE.This section is effective the day following final enactment
36.14and applies to members serving on the council on that date, although those members may
36.15serve out the remainder of their current terms.
36.16 Sec. 33. Minnesota Statutes 2008, section 137.0246, subdivision 2, is amended to read:
36.17 Subd. 2. Regent nomination joint committee. (a) The joint legislative committee
36.18consists of the members of the higher education budget and policy divisions in each house
36.19of the legislature. The chairs of the divisions from each body shall be cochairs of the
36.20joint legislative committee. A majority of the members from each house is a quorum of
36.21the joint committee.
36.22 (b) By February 28 of each odd-numbered year, or at a date agreed to by concurrent
36.23resolution, the joint legislative committee shall meet to consider the advisory council's
36.24recommendations for regent of the University of Minnesota for possible presentation to a
36.25joint convention of the legislature.
36.26 (c) The joint committee may recommend to the joint convention candidates
36.27recommended by the advisory council and the other candidates nominated by the joint
36.28committee. A candidate other than those recommended by the advisory council may be
36.29nominated for consideration by the joint committee only if the nomination receives the
36.30support of at least three house of representatives members of the committee and two
36.31senate members of the committee. A candidate must receive a majority vote of members
36.32from the house of representatives and from the senate on the joint committee to be
36.33recommended to the joint convention. The joint committee may recommend no more than
36.34one candidate for each vacancy. In recommending nominees, the joint committee must
37.1consider the needs of the board of regents and the balance of the board membership with
37.2respect to gender, racial, and ethnic composition.
37.3
37.4
37.5
37.6
37.7 Sec. 34. Minnesota Statutes 2008, section 137.025, subdivision 1, is amended to read:
37.8 Subdivision 1. Appropriations not for buildings. The commissioner of finance
37.9shall pay
37.10
37.11
37.12
37.13
37.14
37.15
37.16
37.17
37.18
37.19
37.20or Sunday, the monthly payment must be made on the first business day immediately
37.21following the 21st day of the month.
37.22 Sec. 35. Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:
37.23 Subd. 3. Election day registration. (a) An individual who is eligible to vote may
37.24register on election day by appearing in person at the polling place for the precinct in
37.25which the individual maintains residence, by completing a registration application, making
37.26an oath in the form prescribed by the secretary of state and providing proof of residence.
37.27An individual may prove residence for purposes of registering by:
37.28 (1) presenting a driver's license or Minnesota identification card issued pursuant
37.29to section
37.30 (2) presenting any document approved by the secretary of state as proper
37.31identification;
37.32 (3) presenting one of the following:
37.33 (i) a current valid student identification card from a postsecondary educational
37.34institution in Minnesota, if a list of students from that institution has been prepared under
38.1section
38.2the secretary of state; or
38.3 (ii) a current student fee statement that contains the student's valid address in the
38.4precinct together with a picture identification card; or
38.5 (4) having a voter who is registered to vote in the precinct, or who is an employee
38.6employed by and working in a residential facility in the precinct and vouching for a
38.7resident in the facility, sign an oath in the presence of the election judge vouching that the
38.8voter or employee personally knows that the individual is a resident of the precinct. A
38.9voter who has been vouched for on election day may not sign a proof of residence oath
38.10vouching for any other individual on that election day. A voter who is registered to vote in
38.11the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
38.12does not apply to an employee of a residential facility described in this clause. The
38.13secretary of state shall provide a form for election judges to use in recording the number
38.14of individuals for whom a voter signs proof-of-residence oaths on election day. The
38.15form must include space for the maximum number of individuals for whom a voter may
38.16sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
38.17a statement that the voter is registered to vote in the precinct, personally knows that the
38.18individual is a resident of the precinct, and is making the statement on oath. The form must
38.19include a space for the voter's printed name, signature, telephone number, and address.
38.20 The oath required by this subdivision and Minnesota Rules, part
38.21attached to the voter registration application.
38.22 (b) The operator of a residential facility shall prepare a list of the names of its
38.23employees currently working in the residential facility and the address of the residential
38.24facility. The operator shall certify the list and provide it to the appropriate county auditor
38.25no less than 20 days before each election for use in election day registration.
38.26 (c) "Residential facility" means transitional housing as defined in section
38.27subdivision 1
38.28section
38.295
38.30establishment as defined in section
38.31the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
38.32licensed by the commissioner of human services to provide a residential program as
38.33defined in section
38.34developmental disability licensed by the commissioner of human services under section
38.36for battered women as defined in section
39.1publicly or privately operated shelter or dwelling designed to provide temporary living
39.2accommodations for the homeless.
39.3 (d) For tribal band members, an individual may prove residence for purposes of
39.4registering by:
39.5 (1) presenting an identification card issued by the tribal government of a tribe
39.6recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
39.7contains the name, address, signature, and picture of the individual; or
39.8 (2) presenting an identification card issued by the tribal government of a tribe
39.9recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
39.10contains the name, signature, and picture of the individual and also presenting one of the
39.11documents listed in Minnesota Rules, part
39.12 (e) A county, school district, or municipality may require that an election judge
39.13responsible for election day registration initial each completed registration application.
39.14 Sec. 36. Minnesota Statutes 2008, section 299A.45, subdivision 1, is amended to read:
39.15 Subdivision 1. Eligibility. A person is eligible to receive educational benefits under
39.16this section if the person:
39.17 (1) is certified under section
39.18of the commissioner of public safety and the Minnesota Office of Higher Education;
39.19 (2) is enrolled in an undergraduate degree or certificate program after June 30,
39.201990, at an eligible Minnesota institution as provided in section
39.214
39.22agreement executed under section 136A.08;
39.23 (3) has not received a baccalaureate degree or been enrolled full time for ten
39.24semesters or the equivalent, except that a student who withdraws from enrollment for
39.25active military service is entitled to an additional semester or the equivalent of eligibility;
39.26and
39.27 (4) is related in one of the following ways to a public safety officer killed in the
39.28line of duty on or after January 1, 1973:
39.29 (i) as a dependent child less than 23 years of age;
39.30 (ii) as a surviving spouse; or
39.31 (iii) as a dependent child less than 30 years of age who has served on active military
39.32duty 181 consecutive days or more and has been honorably discharged or released to the
39.33dependent child's reserve or National Guard unit.
39.34EFFECTIVE DATE.This section is effective the day following final enactment
39.35and applies retroactively to July 1, 2008.
40.1 Sec. 37. SYSTEM IMPROVEMENTS; MINNESOTA STATE COLLEGES AND
40.2UNIVERSITIES.
40.3The Board of Trustees of the Minnesota State Colleges and Universities is
40.4encouraged to place a priority on identifying and implementing measures to improve the
40.5human resources system used by the Minnesota State Colleges and Universities. One of
40.6the goals of improving the human resources system is to provide seamless information on
40.7faculty and employees to facilitate transfers between institutions.
40.8 Sec. 38. IMPLEMENTATION OF TEXTBOOK INFORMATION
40.9REQUIREMENTS.
40.10The Minnesota Office of Higher Education must report to the committees of
40.11the legislature responsible for higher education finance by January 15, 2010, on the
40.12implementation of textbook information requirements under United States Code, title 20,
40.13section 1015b, effective July 1, 2010. In preparing the report, the office must work with
40.14representatives of textbook publishers, the Student Advisory Council, Minnesota State
40.15Colleges and Universities, the University of Minnesota, and the Private College Council.
40.16At a minimum, the report must include a template that publishers may use to provide
40.17the required information in a consistent format to all Minnesota campuses, and make
40.18recommendations for methods to disseminate pricing information to support students and
40.19faculty in making well informed decisions about course materials.
40.20 Sec. 39. ACHIEVE SCHOLARSHIP FOR STUDENTS ELIGIBLE PRIOR TO
40.21JANUARY 1, 2008.
40.22A student who met the eligibility requirements for the achieve scholarship program
40.23that existed prior to January 1, 2009, and who meets the requirements of Minnesota
40.24Statutes, section 136A.127, that are effective for students who graduate on or after January
40.251, 2009, may receive a scholarship award under Minnesota Statutes, section 136A.127, for
40.26an additional three consecutive award years of continuous college enrollment.
40.27A student who met the requirements to receive an achieve scholarship prior to
40.28January 1, 2009, but did not receive the scholarship award and does not meet the eligibility
40.29requirements on or after January 1, 2009, may be awarded a onetime scholarship of
40.30$1,200. This section expires on December 31, 2012.
40.31 Sec. 40. TEACHER EDUCATION REPORT.
40.32The Minnesota Office of Higher Education must examine and evaluate innovative
40.33teacher education programs and teacher education research, and develop a plan to reform
41.1teacher education and improve the effectiveness of teachers in the classroom. The plan
41.2must include, at a minimum, proposals to:
41.3(1) increase admission requirements for students applying to teacher education
41.4programs;
41.5(2) develop teacher education preparation program curriculum that will prepare
41.6prospective teachers to teach an increasingly diverse student population;
41.7(3) provide opportunities for mid-career professionals employed in professions in
41.8which there is a shortage of teachers to pursue a teaching career;
41.9(4) enhance the ability of teachers to use technology in the classroom; and
41.10(5) ensure that all students will be ready for college or employment in high-paying
41.11jobs following graduation from high school.
41.12The office must consult with the Minnesota Department of Education, the University
41.13of Minnesota, Minnesota State Colleges and Universities, Minnesota Association of
41.14Colleges for Teacher Education, the Bush Foundation, labor organizations representing
41.15teachers, and the Woodrow Wilson Foundation in developing the plan and submit a report
41.16to the committees of the legislature with primary jurisdiction over higher education
41.17policy and finance on the findings and recommendations regarding the reform of teacher
41.18education in the state. The report must be submitted to the legislative committees by
41.19December 15, 2009.
41.20 Sec. 41. ORGANIZATIONAL DEADLINES FOR P-20 PARTNERSHIP.
41.21The appointing authorities under Minnesota Statutes, section 127A.70, shall
41.22complete their appointments no later than September 1, 2009. The chairs of the P-16
41.23partnership shall convene the first meeting of the P-20 partnership no later than October
41.241, 2009.
41.25 Sec. 42. REPEALER.
41.26Minnesota Statutes 2008, section 136A.127, subdivisions 8 and 13, are repealed.
41.29 Section 1. Minnesota Statutes 2008, section 150A.01, is amended by adding a
41.30subdivision to read:
41.31 Subd. 6b. Oral health practitioner. "Oral health practitioner" means a person
41.32licensed under this chapter to perform the services authorized under section 150A.105 or
41.33any other services authorized under this chapter.
42.1 Sec. 2. Minnesota Statutes 2008, section 150A.01, is amended by adding a subdivision
42.2to read:
42.3 Subd. 6c. Dental therapist. "Dental therapist" means a person licensed under this
42.4chapter to perform the services authorized under section 150A.106 or any other services
42.5authorized under this chapter.
42.6 Sec. 3. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
42.7to read:
42.8 Subd. 1b. Practice of oral health practitioners. A person shall be deemed to be
42.9practicing as an oral health practitioner within the meaning of this chapter who:
42.10(1) works under the supervision of a Minnesota-licensed dentist under a collaborative
42.11management agreement as specified under section 150A.105;
42.12(2) practices in settings that serve low-income, uninsured, and underserved patients
42.13or are located in dental health professional shortage areas; and
42.14(3) provides oral health care services, including preventive, primary diagnostic,
42.15educational, palliative, therapeutic, and restorative services as authorized under section
42.16150A.105 and within the context of a collaborative management agreement.
42.17 Sec. 4. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
42.18to read:
42.19 Subd. 1c. Practice of dental therapy. A person shall be deemed to be practicing
42.20dental therapy within the meaning of sections 150A.01 to 150A.12 who:
42.21 (1) works under the supervision of a Minnesota-licensed dentist as specified under
42.22section 150A.106;
42.23 (2) practices in settings that serve low-income and underserved patients or are
42.24located in dental health professional shortage areas; and
42.25 (3) provides oral health care services, including preventive, evaluative, and
42.26educational services as authorized under section 150A.106 and within the context of
42.27a collaborative management agreement.
42.28 Sec. 5. Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
42.29 Subd. 2. Exemptions and exceptions of certain practices and operations.
42.30Sections
42.31(1) the practice of dentistry or dental hygiene in any branch of the armed services of
42.32the United States, the United States Public Health Service, or the United States Veterans
42.33Administration;
43.1(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate
43.2dental students, oral health practitioner students, dental therapy students, dental hygiene
43.3students, and dental assisting students of the University of Minnesota, schools of dental
43.4hygiene, schools with an oral health practitioner education program accredited under
43.5section 150A.06, schools with a dental therapy education program, or schools of dental
43.6assisting approved by the board, when acting under the direction and supervision of a
43.7licensed dentist, a licensed oral health practitioner, a licensed dental therapist, or a licensed
43.8dental hygienist acting as an instructor;
43.9(3) the practice of dentistry by licensed dentists of other states or countries while
43.10appearing as clinicians under the auspices of a duly approved dental school or college, or a
43.11reputable dental society, or a reputable dental study club composed of dentists;
43.12(4) the actions of persons while they are taking examinations for licensure or
43.13registration administered or approved by the board pursuant to sections
43.14subdivision 1
43.15(5) the practice of dentistry by dentists and dental hygienists licensed by other states
43.16during their functioning as examiners responsible for conducting licensure or registration
43.17examinations administered by regional and national testing agencies with whom the
43.18board is authorized to affiliate and participate under section
43.19and the practice of dentistry by the regional and national testing agencies during their
43.20administering examinations pursuant to section
43.21(6) the use of X-rays or other diagnostic imaging modalities for making radiographs
43.22or other similar records in a hospital under the supervision of a physician or dentist or
43.23by a person who is credentialed to use diagnostic imaging modalities or X-ray machines
43.24for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing
43.25agency other than the Board of Dentistry; or
43.26(7) the service, other than service performed directly upon the person of a patient, of
43.27constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
43.28splint, orthodontic, prosthetic, or other dental appliance, when performed according to
43.29a written work order from a licensed dentist or a licensed oral health practitioner in
43.30accordance with section
43.31 Sec. 6. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
43.32to read:
43.33 Subd. 1d. Oral health practitioners. A person of good moral character who has
43.34graduated with a baccalaureate degree or a master's degree from an oral health practitioner
43.35education program that has been approved by the board or accredited by the American
44.1Dental Association Commission on Dental Accreditation or another board-approved
44.2national accreditation organization may apply for licensure.
44.3The applicant must submit an application and fee as prescribed by the board and a
44.4diploma or certificate from an oral health practitioner education program. Prior to being
44.5licensed, the applicant must pass a comprehensive, competency-based clinical examination
44.6that is approved by the board and administered independently of an institution providing
44.7oral health practitioner education. The applicant must also pass an examination testing
44.8the applicant's knowledge of the Minnesota laws and rules relating to the practice of
44.9dentistry. An applicant who has failed the clinical examination twice is ineligible to retake
44.10the clinical examination until further education and training are obtained as specified by
44.11the board. A separate, nonrefundable fee may be charged for each time a person applies.
44.12An applicant who passes the examination in compliance with subdivision 2b, abides by
44.13professional ethical conduct requirements, and meets all the other requirements of the
44.14board shall be licensed as an oral health practitioner.
44.15 Sec. 7. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
44.16to read:
44.17 Subd. 1e. Dental therapists. A person of good moral character who has graduated
44.18from a dental therapy education program in a dental school or dental college accredited
44.19by the American Dental Association Commission on Dental Accreditation may apply
44.20for licensure.
44.21 The applicant must submit an application and fee as prescribed by the board and a
44.22diploma or certificate from a dental therapy education program. Prior to being licensed,
44.23the applicant must pass a comprehensive, competency-based clinical examination that is
44.24approved by the board and administered independently of an institution providing dental
44.25therapy education. The applicant must also pass an examination testing the applicant's
44.26knowledge of the laws of Minnesota relating to the practice of dentistry and of the rules of
44.27the board. An applicant is ineligible to retake the clinical examination required by the
44.28board after failing it twice until further education and training are obtained as specified by
44.29board rule. A separate, nonrefundable fee may be charged for each time a person applies.
44.30An applicant who passes the examination in compliance with subdivision 2b, abides by
44.31professional ethical conduct requirements, and meets all the other requirements of the
44.32board shall be licensed as a dental therapist.
44.33 Sec. 8. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
44.34to read:
45.1 Subd. 1f. Resident dental providers. A person who is a graduate of an
45.2undergraduate program and is an enrolled graduate student of an advanced dental
45.3education program shall obtain from the board a license to practice as a resident dental
45.4hygienist or oral health practitioner. The license must be designated "resident dental
45.5provider license" and authorizes the licensee to practice only under the supervision of a
45.6licensed dentist or licensed oral health practitioner. A resident dental provider license
45.7must be renewed annually by the board. An applicant for a resident dental provider license
45.8shall pay a nonrefundable fee set by the board for issuing and renewing the license. The
45.9requirements of sections
45.10specified in rules adopted by the board. A resident dental provider license does not qualify
45.11a person for licensure under subdivision 1d or 2.
45.12 Sec. 9. Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
45.13 Subd. 2d. Continuing education and professional development waiver. (a) The
45.14board shall grant a waiver to the continuing education requirements under this chapter for
45.15a licensed dentist, licensed oral health practitioner, a licensed dental therapist, licensed
45.16dental hygienist, or registered dental assistant who documents to the satisfaction of the
45.17board that the dentist, oral health practitioner, a dental therapist, dental hygienist, or
45.18registered dental assistant has retired from active practice in the state and limits the
45.19provision of dental care services to those offered without compensation in a public
45.20health, community, or tribal clinic or a nonprofit organization that provides services to
45.21the indigent or to recipients of medical assistance, general assistance medical care, or
45.22MinnesotaCare programs.
45.23(b) The board may require written documentation from the volunteer and retired
45.24dentist, oral health practitioner, a dental therapist, dental hygienist, or registered dental
45.25assistant prior to granting this waiver.
45.26(c) The board shall require the volunteer and retired dentist, oral health practitioner,
45.27dental therapist, dental hygienist, or registered dental assistant to meet the following
45.28requirements:
45.29(1) a licensee or registrant seeking a waiver under this subdivision must complete
45.30and document at least five hours of approved courses in infection control, medical
45.31emergencies, and medical management for the continuing education cycle; and
45.32(2) provide documentation of certification in advanced or basic cardiac life support
45.33recognized by the American Heart Association, the American Red Cross, or an equivalent
45.34entity.
46.1 Sec. 10. Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
46.2 Subd. 5. Fraud in securing licenses or registrations. Every person implicated
46.3in employing fraud or deception in applying for or securing a license or registration to
46.4practice dentistry, dental hygiene,
46.5practitioner or in annually renewing a license or registration under sections
46.7 Sec. 11. Minnesota Statutes 2008, section 150A.06, subdivision 6, is amended to read:
46.8 Subd. 6. Display of name and certificates. The initial license and subsequent
46.9renewal, or current registration certificate, of every dentist, oral health practitioner, a dental
46.10therapist, dental hygienist, or dental assistant shall be conspicuously displayed in every
46.11office in which that person practices, in plain sight of patients. Near or on the entrance
46.12door to every office where dentistry is practiced, the name of each dentist practicing there,
46.13as inscribed on the current license certificate, shall be displayed in plain sight.
46.14 Sec. 12. Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:
46.15 Subdivision 1. Grounds. The board may refuse or by order suspend or revoke, limit
46.16or modify by imposing conditions it deems necessary,
46.17
46.18or the registration of any dental assistant upon any of the following grounds:
46.19(1) fraud or deception in connection with the practice of dentistry or the securing of
46.20a license or registration certificate;
46.21(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
46.22contest plea, in any court of a felony or gross misdemeanor reasonably related to the
46.23practice of dentistry as evidenced by a certified copy of the conviction;
46.24(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a
46.25no contest plea, in any court of an offense involving moral turpitude as evidenced by a
46.26certified copy of the conviction;
46.27(4) habitual overindulgence in the use of intoxicating liquors;
46.28(5) improper or unauthorized prescription, dispensing, administering, or personal
46.29or other use of any legend drug as defined in chapter 151, of any chemical as defined in
46.30chapter 151, or of any controlled substance as defined in chapter 152;
46.31(6) conduct unbecoming a person licensed to practice dentistry, dental therapy,
46.32or dental hygiene or as an oral health practitioner or registered as a dental assistant, or
46.33conduct contrary to the best interest of the public, as such conduct is defined by the rules
46.34of the board;
47.1(7) gross immorality;
47.2(8) any physical, mental, emotional, or other disability which adversely affects a
47.3dentist's, oral health practitioner's, dental therapist's, dental hygienist's, or registered dental
47.4assistant's ability to perform the service for which the person is licensed or registered;
47.5(9) revocation or suspension of a license, registration, or equivalent authority to
47.6practice, or other disciplinary action or denial of a license or registration application taken
47.7by a licensing, registering, or credentialing authority of another state, territory, or country
47.8as evidenced by a certified copy of the licensing authority's order, if the disciplinary action
47.9or application denial was based on facts that would provide a basis for disciplinary action
47.10under this chapter and if the action was taken only after affording the credentialed person
47.11or applicant notice and opportunity to refute the allegations or pursuant to stipulation
47.12or other agreement;
47.13(10) failure to maintain adequate safety and sanitary conditions for a dental office in
47.14accordance with the standards established by the rules of the board;
47.15(11) employing, assisting, or enabling in any manner an unlicensed person to
47.16practice dentistry;
47.17(12) failure or refusal to attend, testify, and produce records as directed by the board
47.18under subdivision 7;
47.19(13) violation of, or failure to comply with, any other provisions of sections
47.20to
47.21board, sections
47.22other just cause related to the practice of dentistry. Suspension, revocation, modification
47.23or limitation of any license shall not be based upon any judgment as to therapeutic or
47.24monetary value of any individual drug prescribed or any individual treatment rendered,
47.25but only upon a repeated pattern of conduct;
47.26(14) knowingly providing false or misleading information that is directly related
47.27to the care of that patient unless done for an accepted therapeutic purpose such as the
47.28administration of a placebo; or
47.29(15) aiding suicide or aiding attempted suicide in violation of section
47.30established by any of the following:
47.31(i) a copy of the record of criminal conviction or plea of guilty for a felony in
47.32violation of section
47.33(ii) a copy of the record of a judgment of contempt of court for violating an
47.34injunction issued under section
47.35(iii) a copy of the record of a judgment assessing damages under section
47.36subdivision 5
48.1(iv) a finding by the board that the person violated section
48.21
48.3subdivision 1
48.4 Sec. 13. Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
48.5 Subd. 3a. Costs; additional penalties. (a) The board may impose a civil penalty
48.6not exceeding $10,000 for each separate violation, the amount of the civil penalty to
48.7be fixed so as to deprive a licensee or registrant of any economic advantage gained by
48.8reason of the violation, to discourage similar violations by the licensee or registrant or any
48.9other licensee or registrant, or to reimburse the board for the cost of the investigation and
48.10proceeding, including, but not limited to, fees paid for services provided by the Office of
48.11Administrative Hearings, legal and investigative services provided by the Office of the
48.12Attorney General, court reporters, witnesses, reproduction of records, board members'
48.13per diem compensation, board staff time, and travel costs and expenses incurred by board
48.14staff and board members.
48.15(b) In addition to costs and penalties imposed under paragraph (a), the board may
48.16also:
48.17(1) order the dentist, oral health practitioner, dental therapist, dental hygienist, or
48.18dental assistant to provide unremunerated service;
48.19(2) censure or reprimand the dentist, oral health practitioner, dental therapist, dental
48.20hygienist, or dental assistant; or
48.21(3) any other action as allowed by law and justified by the facts of the case.
48.22 Sec. 14. Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
48.23 Subd. 5. Medical examinations. If the board has probable cause to believe that
48.24a dentist, oral health practitioner, dental therapist, dental hygienist, registered dental
48.25assistant, or applicant engages in acts described in subdivision 1, clause (4) or (5), or
48.26has a condition described in subdivision 1, clause (8), it shall direct the dentist, oral
48.27health practitioner, dental therapist, dental hygienist, assistant, or applicant to submit to a
48.28mental or physical examination or a chemical dependency assessment. For the purpose
48.29of this subdivision, every dentist, oral health practitioner, dental therapist, hygienist, or
48.30assistant licensed or registered under this chapter or person submitting an application for a
48.31license or registration is deemed to have given consent to submit to a mental or physical
48.32examination when directed in writing by the board and to have waived all objections
48.33in any proceeding under this section to the admissibility of the examining physician's
48.34testimony or examination reports on the ground that they constitute a privileged
49.1communication. Failure to submit to an examination without just cause may result in an
49.2application being denied or a default and final order being entered without the taking of
49.3testimony or presentation of evidence, other than evidence which may be submitted by
49.4affidavit, that the licensee, registrant, or applicant did not submit to the examination.
49.5A dentist, oral health practitioner, dental therapist, dental hygienist, registered dental
49.6assistant, or applicant affected under this section shall at reasonable intervals be afforded
49.7an opportunity to demonstrate ability to start or resume the competent practice of dentistry
49.8or perform the duties of
49.9registered dental assistant with reasonable skill and safety to patients. In any proceeding
49.10under this subdivision, neither the record of proceedings nor the orders entered by the
49.11board is admissible, is subject to subpoena, or may be used against the dentist, oral health
49.12practitioner, dental therapist, dental hygienist, registered dental assistant, or applicant in
49.13any proceeding not commenced by the board. Information obtained under this subdivision
49.14shall be classified as private pursuant to the Minnesota Government Data Practices Act.
49.15 Sec. 15. Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
49.16 Subdivision 1. Registration information and procedure. On or before the license
49.17or registration certificate expiration date every licensed dentist, oral health practitioner,
49.18dental therapist, dental hygienist, and registered dental assistant shall transmit to the
49.19executive secretary of the board, pertinent information required by the board, together
49.20with the fee established by the board. At least 30 days before a license or registration
49.21certificate expiration date, the board shall send a written notice stating the amount and due
49.22date of the fee and the information to be provided to every licensed dentist, oral health
49.23practitioner, dental therapist, dental hygienist, and registered dental assistant.
49.24 Sec. 16. Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
49.25 Subd. 3. Current address, change of address. Every dentist, oral health
49.26practitioner, dental therapist, dental hygienist, and registered dental assistant shall
49.27maintain with the board a correct and current mailing address. For dentists engaged in the
49.28practice of dentistry, the address shall be that of the location of the primary dental practice.
49.29Within 30 days after changing addresses, every dentist, oral health practitioner, dental
49.30therapist, dental hygienist, and registered dental assistant shall provide the board written
49.31notice of the new address either personally or by first class mail.
49.32 Sec. 17. Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
50.1 Subd. 2. Application fees. Each applicant for licensure or registration shall submit
50.2with a license or registration application a nonrefundable fee in the following amounts in
50.3order to administratively process an application:
50.4(1) dentist, $140;
50.5(2) limited faculty dentist, $140;
50.6(3) resident dentist, $55;
50.7(4) oral health practitioner, $100;
50.8 (5) dental therapist, $100;
50.9(6) dental hygienist, $55;
50.10
50.11
50.12 Sec. 18. Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
50.13 Subd. 3. Initial license or registration fees. Along with the application fee, each of
50.14the following licensees or registrants shall submit a separate prorated initial license or
50.15registration fee. The prorated initial fee shall be established by the board based on the
50.16number of months of the licensee's or registrant's initial term as described in Minnesota
50.17Rules, part 3100.1700, subpart 1a, not to exceed the following monthly fee amounts:
50.18(1) dentist, $14 times the number of months of the initial term;
50.19(2) oral health practitioner, $10 times the number of months of initial term;
50.20 (3) dental therapist, $10 times the number of months of initial term;
50.21(4) dental hygienist, $5 times the number of months of the initial term;
50.22
50.23
50.24of the initial term.
50.25 Sec. 19. Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
50.26 Subd. 5. Biennial license or registration fees. Each of the following licensees or
50.27registrants shall submit with a biennial license or registration renewal application a fee as
50.28established by the board, not to exceed the following amounts:
50.29(1) dentist, $336;
50.30(2) oral health practitioner, $240;
50.31 (3) dental therapist, $180;
50.32(4) dental hygienist, $118;
50.33
50.34
51.1 Sec. 20. Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
51.2 Subd. 8. Duplicate license or registration fee. Each licensee or registrant shall
51.3submit, with a request for issuance of a duplicate of the original license or registration, or
51.4of an annual or biennial renewal of it, a fee in the following amounts:
51.5(1) original dentist, oral health practitioner, dental therapist, or dental hygiene
51.6license, $35; and
51.7(2) initial and renewal registration certificates and license renewal certificates, $10.
51.8 Sec. 21. Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to
51.9read:
51.10 Subd. 10. Reinstatement fee. No dentist, oral health practitioner, dental therapist,
51.11dental hygienist, or registered dental assistant whose license or registration has been
51.12suspended or revoked may have the license or registration reinstated or a new license or
51.13registration issued until a fee has been submitted to the board in the following amounts:
51.14(1) dentist, $140;
51.15(2) oral health practitioner, $100;
51.16 (3) dental therapist, $85;
51.17(4) dental hygienist, $55; and
51.18
51.19 Sec. 22. Minnesota Statutes 2008, section 150A.10, subdivision 1, is amended to read:
51.20 Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist,
51.21public institution, or school authority may obtain services from a licensed dental hygienist.
51.22
51.23subdivision 1a
51.24diagnosis or treatment plan for a dental patient.
51.25under supervision of a licensed dentist. Any licensed dentist who shall permit any dental
51.26service by a dental hygienist other than those authorized by the Board of Dentistry, shall
51.27be deemed to be violating the provisions of sections
51.28unauthorized dental service by a dental hygienist shall constitute a violation of sections
51.30 Sec. 23. Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
51.31 Subd. 2. Dental assistants. Every licensed dentist, oral health practitioner, and
51.32dental therapist who uses the services of any unlicensed person for the purpose of
51.33assistance in the practice of dentistry or dental therapy or within the practice of an oral
52.1health practitioner shall be responsible for the acts of such unlicensed person while
52.2engaged in such assistance.
52.3shall permit
52.4to be delegated to unlicensed assistants by the Board of Dentistry.
52.5be performed under supervision of a licensed dentist, licensed oral health practitioner, or
52.6dental therapist. A licensed oral health practitioner or a licensed dental therapist shall not
52.7supervise more than four registered dental assistants at any one practice setting. The
52.8board may permit differing levels of dental assistance based upon recognized educational
52.9standards, approved by the board, for the training of dental assistants. The board may also
52.10define by rule the scope of practice of registered and nonregistered dental assistants. The
52.11board by rule may require continuing education for differing levels of dental assistants,
52.12as a condition to their registration or authority to perform their authorized duties. Any
52.13licensed dentist, oral health practitioner, or dental therapist who
52.14an unlicensed assistant to perform any dental service other than that authorized by the
52.15board shall be deemed to be enabling an unlicensed person to practice dentistry, and
52.16commission of such an act by
52.17of sections
52.18 Sec. 24. Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:
52.19 Subd. 3. Dental technicians. Every licensed dentist, oral health practitioner, and
52.20dental therapist who uses the services of any unlicensed person, other than under the
52.21dentist's or oral health practitioner's supervision and within
52.22same practice setting, for the purpose of constructing, altering, repairing or duplicating
52.23any denture, partial denture, crown, bridge, splint, orthodontic, prosthetic or other dental
52.24appliance, shall be required to furnish such unlicensed person with a written work order
52.25in such form as shall be prescribed by the rules of the board
52.26be made in duplicate form, a duplicate copy to be retained in a permanent file
52.27
52.28years, and the original to be retained in a permanent file for a period of two years by
52.29
52.30of work orders to be kept by
52.31unlicensed person shall be open to inspection at any reasonable time by the board or
52.32its duly constituted agent.
52.33 Sec. 25. Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:
53.1 Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 2,
53.2a licensed dental hygienist or a registered dental assistant may perform the following
53.3restorative procedures:
53.4(1) place, contour, and adjust amalgam restorations;
53.5(2) place, contour, and adjust glass ionomer;
53.6(3) adapt and cement stainless steel crowns; and
53.7(4) place, contour, and adjust class I and class V supragingival composite restorations
53.8where the margins are entirely within the enamel.
53.9(b) The restorative procedures described in paragraph (a) may be performed only if:
53.10(1) the licensed dental hygienist or the registered dental assistant has completed a
53.11board-approved course on the specific procedures;
53.12(2) the board-approved course includes a component that sufficiently prepares the
53.13dental hygienist or registered dental assistant to adjust the occlusion on the newly placed
53.14restoration;
53.15(3) a licensed dentist or licensed oral health practitioner has authorized the procedure
53.16to be performed; and
53.17(4) a licensed dentist or licensed oral health practitioner is available in the clinic
53.18while the procedure is being performed.
53.19(c) The dental faculty who teaches the educators of the board-approved courses
53.20specified in paragraph (b) must have prior experience teaching these procedures in an
53.21accredited dental education program.
53.22 Sec. 26. [150A.105] ORAL HEALTH PRACTITIONER.
53.23 Subdivision 1. General. An oral health practitioner licensed under this chapter
53.24may practice under the supervision of a Minnesota-licensed dentist pursuant to a written
53.25collaborative management agreement and the requirements of this chapter.
53.26 Subd. 2. Limited practice settings. An oral health practitioner licensed under this
53.27chapter is limited to primarily practicing in settings that serve low-income, uninsured, and
53.28underserved patients or are located in a dental health professional shortage area.
53.29 Subd. 3. Collaborative management agreement. (a) Prior to performing any of
53.30the services authorized under this chapter, an oral health practitioner must enter into
53.31a written collaborative management agreement with a Minnesota-licensed dentist. The
53.32agreement must include:
53.33(1) practice settings where services may be provided and the populations to be
53.34served;
54.1(2) any limitations on the services that may be provided by the oral health
54.2practitioner, including the level of supervision required by the collaborating dentist and
54.3consultation criteria;
54.4(3) age and procedure specific practice protocols, including case selection criteria,
54.5examination guidelines, and imaging frequency;
54.6(4) a procedure for creating and maintaining dental records for the patients that
54.7are treated by the oral health practitioner;
54.8(5) a plan to manage medical emergencies in each practice setting where the oral
54.9health practitioner provides care;
54.10(6) a quality assurance plan for monitoring care provided by the oral health
54.11practitioner, including patient care review, referral follow-up, and a quality assurance
54.12chart review;
54.13(7) protocols for prescribing, administering, and dispensing medications authorized
54.14under subdivision 5, including the specific conditions and circumstances under which
54.15these medications are to be prescribed, dispensed, and administered;
54.16(8) criteria relating to the provision of care to patients with specific medical
54.17conditions or complex medication histories, including any requirements for consultation
54.18prior to the initiation of care;
54.19(9) criteria for the supervision of allied dental personnel;
54.20(10) a plan for the provision of clinical referrals in situations that are beyond the
54.21diagnostic or treatment capabilities of the oral health practitioner; and
54.22(11) a description of any financial arrangement, if applicable, between the oral
54.23health practitioner and collaborating dentist.
54.24(b) A collaborating dentist must be licensed and practicing in Minnesota. The
54.25collaborating dentist shall accept responsibility for all services authorized and performed
54.26by the oral health practitioner under the collaborative management agreement. Any
54.27licensed dentist who permits an oral health practitioner to perform a dental service other
54.28than those authorized under this section or by the board or any oral health practitioner who
54.29performs unauthorized services violates sections 150A.01 to 150A.12.
54.30(c) Both the collaborating dentist and the oral health practitioner must maintain
54.31professional liability coverage. Proof of professional liability coverage shall be submitted
54.32to the board as part of the collaborative management agreement.
54.33(d) Collaborative management agreements must be signed and maintained by the
54.34collaborating dentist and the oral health practitioner. Agreements must be reviewed,
54.35updated, and submitted to the board on an annual basis.
55.1(e) A collaborating dentist shall accept any patient referred by the oral health
55.2practitioner or have a referral process for patients that are referred by the oral health
55.3practitioner.
55.4(f) A collaborating dentist must conduct periodic oversight reviews of each oral
55.5health practitioner with whom the dentist has entered into a collaborative management
55.6agreement.
55.7 Subd. 4. Scope of practice. (a) A licensed oral health practitioner may perform
55.8dental services as authorized under this section within the parameters of the collaborative
55.9management agreement.
55.10(b) The services a licensed oral health practitioner may perform include preventive,
55.11primary diagnostic, educational, palliative, therapeutic, and restorative oral health services
55.12as specified in paragraph (c), and within the parameters of the collaborative management
55.13agreement.
55.14(c) A licensed oral health practitioner may perform the following services under
55.15general supervision, unless restricted or prohibited in the collaborative management
55.16agreement:
55.17(1) preventive, palliative, diagnostic, and assessment services:
55.18(i) oral health instruction and disease prevention education, including nutritional
55.19counseling and dietary analysis;
55.20(ii) diagnostic services, including an examination, evaluation, and assessment to
55.21identify oral disease and conditions;
55.22(iii) formulation of a diagnosis and individualized treatment plan, including
55.23preliminary charting of the oral cavity;
55.24(iv) taking of radiographs;
55.25(v) fabrication of athletic mouthguards;
55.26(vi) application of topical preventive or prophylactic agents, including fluoride
55.27varnishes and pit and fissure sealants;
55.28(vii) emergency palliative treatment of dental pain;
55.29(viii) pulp vitality testing;
55.30(ix) application of desensitizing medication or resin; and
55.31(x) space maintainer removal;
55.32(2) restorative services:
55.33(i) cavity preparation class I-IV;
55.34(ii) restoration of primary and permanent teeth class I-IV;
55.35(iii) placement of temporary crowns;
55.36(iv) placement of temporary restorations;
56.1(v) preparation and placement of preformed crowns;
56.2(vi) pulpotomies on primary teeth;
56.3(vii) indirect and direct pulp capping on primary and permanent teeth;
56.4(viii) repair of defective prosthetic appliances;
56.5(ix) recementing of permanent crowns;
56.6(x) administering nitrous oxide inhalation analgesia;
56.7(xi) administering injections of local anesthetic agents;
56.8(xii) soft-tissue reline and conditioning;
56.9(xiii) atraumatic restorative technique; and
56.10(xiv) opening permanent teeth for pulpal debridement and opening chamber; and
56.11(3) surgical services:
56.12(i) extractions of primary and permanent teeth;
56.13(ii) suture placement and removal;
56.14(iii) dressing change;
56.15(iv) brush biopsies;
56.16(v) tooth reimplantation and stabilization;
56.17(vi) abscess incision and drainage;
56.18(vii) placement of space maintainers; and
56.19(viii) fabrication of soft-occlusal guards.
56.20(d) For purposes of this section, "general supervision" has the meaning given in
56.21Minnesota Rules, part 3100.0100, subpart 21.
56.22 Subd. 5. Prescribing authority. (a) A licensed oral health practitioner may
56.23prescribe, dispense, and administer the following drugs within the parameters of the
56.24collaborative management agreement and within the scope of practice of the oral health
56.25practitioner: analgesics, anti-inflammatories, and antibiotics.
56.26(b) The authority to prescribe, dispense, and administer shall extend only to the
56.27categories of drugs identified in this subdivision, and may be further limited by the
56.28collaborative management agreement.
56.29(c) The authority to dispense includes the authority to dispense sample drugs within
56.30the categories identified in this subdivision if dispensing is permitted by the collaborative
56.31management agreement.
56.32(d) Notwithstanding paragraph (a), a licensed oral health practitioner is prohibited
56.33from dispensing, prescribing, or administering a narcotic drug as defined in section
56.34152.01, subdivision 10.
56.35 Subd. 6. Application of other laws. A licensed oral health practitioner authorized
56.36to practice under this chapter is not in violation of section 150A.05 as it relates to the
57.1unauthorized practice of dentistry if the practice is authorized under this chapter and is
57.2within the parameters of the collaborative management agreement.
57.3 Subd. 7. Use of dental allied personnel. (a) A licensed oral health practitioner
57.4may supervise registered and unregistered dental assistants to the extent permitted in the
57.5collaborative management agreement and according to section 150A.10, subdivision 2.
57.6(b) Notwithstanding paragraph (a), a licensed oral health practitioner is limited to
57.7supervising no more than four registered dental assistants at any one practice setting.
57.8 Subd. 8. Definitions. (a) For the purposes of this section, the following definitions
57.9apply.
57.10(b) "Practice settings that serve the low-income, uninsured, and underserved" mean:
57.11(1) critical access dental provider settings as designated by the commissioner of
57.12human services under section 256B.76, subdivision 4;
57.13(2) dental hygiene collaborative practice settings identified in section 150A.10,
57.14subdivision 1a, paragraph (e), medical facilities, assisted living facilities, local and state
57.15correctional facilities, federally qualified health centers, and organizations eligible to
57.16receive a community clinic grant under section 145.9268, subdivision 1;
57.17(3) military and veterans administration hospitals, clinics, and care settings;
57.18(4) a patient's residence or home when the patient is homebound or receiving or
57.19eligible to receive home care services or home and community-based waivered services,
57.20regardless of the patient's income;
57.21(5) oral health educational institutions; or
57.22(6) any other clinic or practice setting, including mobile dental units, in which at
57.23least 50 percent of the oral health practitioner's total patient base in that clinic or practice
57.24setting are patients who:
57.25(i) are enrolled in a state public health care program;
57.26(ii) have a medical disability or chronic condition that creates a significant barrier
57.27to receiving dental care;
57.28(iii) reside in geographically isolated or medically underserved areas; or
57.29(iv) do not have dental health coverage either through a state public health care
57.30program or private insurance, and whose family gross income is equal to or less than 275
57.31percent of the federal poverty guidelines.
57.32(c) "Dental health professional shortage area" means an area that meets the criteria
57.33established by the secretary of the United States Department of Health and Human
57.34Services and is designated as such under United States Code, title 42, section 254e.
57.35 Sec. 27. [150A.106] DENTAL THERAPIST.
58.1 Subdivision 1. General. A dental therapist licensed under this chapter shall practice
58.2under the supervision of a Minnesota-licensed dentist and under the requirements of
58.3this chapter.
58.4 Subd. 2. Limited practice settings. A dental therapist licensed under this chapter is
58.5limited to primarily practicing in settings that serve low-income and underserved patients
58.6or in a dental health professional shortage area.
58.7 Subd. 3. Collaborative management agreement. (a) Prior to performing any of
58.8the services authorized under this chapter, a dental therapist must enter into a written
58.9collaborative management agreement with a Minnesota-licensed dentist. The agreement
58.10must include:
58.11 (1) practice settings where services may be provided and the populations to be
58.12served;
58.13 (2) any limitations on the services that may be provided by the dental therapist,
58.14including the level of supervision required by the collaborating dentist;
58.15 (3) age and procedure specific practice protocols, including case selection criteria,
58.16assessment guidelines, and imaging frequency;
58.17 (4) a procedure for creating and maintaining dental records for the patients that
58.18are treated by the dental therapist;
58.19 (5) a plan to manage medical emergencies in each practice setting where the dental
58.20therapist provides care;
58.21 (6) a quality assurance plan for monitoring care provided by the dental therapist,
58.22including patient care review, referral follow-up, and a quality assurance chart review;
58.23 (7) protocols for administering and dispensing medications authorized under
58.24subdivision 5, including the specific conditions and circumstance under which these
58.25medications are to be dispensed and administered;
58.26 (8) criteria relating to the provision of care to patients with specific medical
58.27conditions or complex medication histories, including requirements for consultation prior
58.28to the initiation of care;
58.29 (9) supervision criteria of registered and nonregistered dental assistants; and
58.30 (10) a plan for the provision of clinical resources and referrals in situations which
58.31are beyond the capabilities of the dental therapist.
58.32 (b) A collaborating dentist must be licensed and practicing in Minnesota. The
58.33collaborating dentist shall accept responsibility for all services authorized and performed
58.34by the dental therapist pursuant to the management agreement. Any licensed dentist who
58.35permits a dental therapist to perform a dental service other than those authorized under
59.1this section or by the board, or any dental therapist who performs an unauthorized service,
59.2violates sections 150A.01 to 150A.12.
59.3 (c) Collaborative management agreements must be signed and maintained by the
59.4collaborating dentist and the dental therapist. Agreements must be reviewed, updated, and
59.5submitted to the board on an annual basis.
59.6 Subd. 4. Scope of practice. (a) A licensed dental therapist may perform dental
59.7services as authorized under this section within the parameters of the collaborative
59.8management agreement.
59.9 (b) The services authorized to be performed by a licensed dental therapist include
59.10preventive, evaluative, and educational oral health services, as specified in paragraphs (c),
59.11(d), and (e), and within the parameters of the collaborative management agreement.
59.12 (c) A licensed dental therapist may perform the following preventive, evaluative,
59.13and assessment services under general supervision, unless restricted or prohibited in
59.14the collaborative management agreement:
59.15 (1) oral health instruction and disease prevention education, including nutritional
59.16counseling and dietary analysis;
59.17 (2) assessment services, including an evaluation and assessment to identify oral
59.18disease and conditions;
59.19 (3) preliminary charting of the oral cavity;
59.20 (4) making radiographs;
59.21 (5) mechanical polishing;
59.22 (6) application of topical preventive or prophylactic agents, including fluoride
59.23varnishes and pit and fissure sealants;
59.24 (7) pulp vitality testing; and
59.25 (8) application of desensitizing medication or resin.
59.26 (d) A licensed dental therapist may perform the following services under indirect
59.27supervision:
59.28 (1) fabrication of athletic mouthguards;
59.29 (2) emergency palliative treatment of dental pain;
59.30 (3) space maintainer removal;
59.31 (4) restorative services:
59.32 (i) cavity preparation class I-IV;
59.33 (ii) restoration of primary and permanent teeth class I-IV;
59.34 (iii) placement of temporary crowns;
59.35 (iv) placement of temporary restorations;
59.36 (v) preparation and placement of preformed crowns; and
60.1 (vi) pulpotomies on primary teeth;
60.2 (5) indirect and direct pulp capping on primary and permanent teeth;
60.3 (6) fabrication of soft-occlusal guards;
60.4 (7) soft-tissue reline and conditioning;
60.5 (8) atraumatic restorative technique;
60.6 (9) surgical services:
60.7 (i) extractions of primary teeth;
60.8 (ii) suture removal; and
60.9 (iii) dressing change;
60.10 (10) tooth reimplantation and stabilization;
60.11 (11) administration of local anesthetic; and
60.12 (12) administration of nitrous oxide.
60.13 (e) A licensed dental therapist may perform the following services under direct
60.14supervision:
60.15 (1) placement of space maintainers; and
60.16 (2) recementing of permanent crowns.
60.17 (f) For purposes of this section, "general supervision," "indirect supervision,"
60.18and "direct supervision" have the meanings given in Minnesota Rules, part 3100.0100,
60.19subpart 21.
60.20 Subd. 5. Dispensing authority. (a) A licensed dental therapist may dispense and
60.21administer the following drugs within the parameters of the collaborative management
60.22agreement and within the scope of practice of the dental therapist: analgesics,
60.23anti-inflammatories, and antibiotics.
60.24 (b) The authority to dispense and administer shall extend only to the categories
60.25of drugs identified in this subdivision, and may be further limited by the collaborative
60.26management agreement.
60.27 (c) The authority to dispense includes the authority to dispense sample drugs within
60.28the categories identified in this subdivision if dispensing is permitted by the collaborative
60.29management agreement.
60.30 (d) A licensed dental therapist is prohibited from dispensing or administering a
60.31narcotic drug as defined in section 152.01, subdivision 10.
60.32 Subd. 6. Application of other laws. A licensed dental therapist authorized to
60.33practice under this chapter is not in violation of section 150A.05 as it relates to the
60.34unauthorized practice of dentistry if the practice is authorized under this chapter and is
60.35within the parameters of the collaborative management agreement.
61.1 Subd. 7. Use of dental assistants. (a) A licensed dental therapist may supervise
61.2registered and unregistered dental assistants to the extent permitted in the collaborative
61.3management agreement and according to section 150A.10, subdivision 2.
61.4 (b) Notwithstanding paragraph (a), a licensed dental therapist is limited to
61.5supervising no more than four registered dental assistants or nonregistered dental
61.6assistants at any one practice setting.
61.7 Subd. 8. Definitions. (a) For the purposes of this section, the following definitions
61.8apply.
61.9 (b) "Practice settings that serve the low-income and underserved" mean:
61.10 (1) critical access dental provider settings as designated by the commissioner of
61.11human services under section 256B.76, subdivision 4;
61.12 (2) dental hygiene collaborative practice settings identified in section 150A.10,
61.13subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities,
61.14federally qualified health centers, and organizations eligible to receive a community clinic
61.15grant under section 145.9268, subdivision 1;
61.16 (3) military and veterans administration hospitals, clinics, and care settings;
61.17 (4) a patient's residence or home when the patient is home-bound or receiving or
61.18eligible to receive home care services or home and community-based waivered services,
61.19regardless of the patient's income;
61.20 (5) oral health educational institutions; or
61.21 (6) any other clinic or practice setting, including mobile dental units, in which at least
61.2250 percent of the total patient base of the clinic or practice setting consists of patients who:
61.23 (i) are enrolled in a Minnesota health care program;
61.24 (ii) have a medical disability or chronic condition that creates a significant barrier to
61.25receiving dental care; or
61.26 (iii) do not have dental health coverage, either through a public health care program
61.27or private insurance, and have an annual gross family income equal to or less than 200
61.28percent of the federal poverty guidelines.
61.29 (c) "Dental health professional shortage area" means an area that meets the criteria
61.30established by the secretary of the United States Department of Health and Human
61.31Services and is designated as such under United States Code, title 42, section 254e.
61.32 Sec. 28. Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:
61.33 Subd. 4. Dividing fees. It shall be unlawful for any dentist to divide fees with or
61.34promise to pay a part of the dentist's fee to, or to pay a commission to, any dentist or
61.35other person who calls the dentist in consultation or who sends patients to the dentist for
62.1treatment, or operation, but nothing herein shall prevent licensed dentists from forming
62.2a bona fide partnership for the practice of dentistry, nor to the actual employment by a
62.3licensed dentist of, a licensed oral health practitioner, a licensed dental therapist, a licensed
62.4dental hygienist or another licensed dentist.
62.5 Sec. 29. Minnesota Statutes 2008, section 150A.12, is amended to read:
62.6150A.12 VIOLATION AND DEFENSES.
62.7Every person who violates any of the provisions of sections
62.8for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor;
62.9and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in
62.10the county jail for not more than one year or by both such fine and imprisonment. In the
62.11prosecution of any person for violation of sections
62.12necessary to allege or prove lack of a valid license to practice dentistry
62.13or dental therapy, or as an oral health practitioner but
62.14defense to be established by the defendant.
62.15 Sec. 30. Minnesota Statutes 2008, section 150A.21, subdivision 1, is amended to read:
62.16 Subdivision 1. Patient's name and Social Security number. Every complete
62.17upper and lower denture and removable dental prosthesis fabricated by a dentist licensed
62.18under section
62.19work order, shall be marked with the name and Social Security number of the patient for
62.20whom the prosthesis is intended. The markings shall be done during fabrication and shall
62.21be permanent, legible and cosmetically acceptable. The exact location of the markings
62.22and the methods used to apply or implant them shall be determined by the dentist, oral
62.23health practitioner, or dental laboratory fabricating the prosthesis. If in the professional
62.24judgment of the dentist, oral health practitioner, or dental laboratory, this identification is
62.25not practicable, identification shall be provided as follows:
62.26(a) The Social Security number of the patient may be omitted if the name of the
62.27patient is shown;
62.28(b) The initials of the patient may be shown alone, if use of the name of the patient is
62.29impracticable;
62.30(c) The identification marks may be omitted in their entirety if none of the forms of
62.31identification specified in clauses (a) and (b) are practicable or clinically safe.
62.32 Sec. 31. Minnesota Statutes 2008, section 150A.21, subdivision 4, is amended to read:
63.1 Subd. 4. Failure to comply. Failure of any dentist or oral health practitioner to
63.2comply with this section shall be deemed to be a violation for which the dentist or oral
63.3health practitioner may be subject to proceedings pursuant to section
63.4the dentist or oral health practitioner is charged with the violation within two years of
63.5initial insertion of the dental prosthetic device.
63.6 Sec. 32. Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:
63.7 Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
63.8doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
63.9licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes
63.10of sections
63.11and
63.12dispense, and administer under chapter 147A,
63.13to prescribe, dispense, and administer under section
63.14practitioner authorized to prescribe, dispense, and administer under chapter 150A. For
63.15purposes of sections 151.15, subdivision 4; 151.37, subdivision 2, paragraph (b); and
63.16151.461, "practitioner" also means a dental therapist authorized to dispense and administer
63.17under chapter 150A.
63.18 Sec. 33. Minnesota Statutes 2008, section 151.37, subdivision 2, is amended to read:
63.19 Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of
63.20professional practice only, may prescribe, administer, and dispense a legend drug,
63.21and may cause the same to be administered by a nurse, a physician assistant, an oral
63.22health practitioner, or medical student or resident under the practitioner's direction and
63.23supervision, and may cause a person who is an appropriately certified, registered, or
63.24licensed health care professional to prescribe, dispense, and administer the same within
63.25the expressed legal scope of the person's practice as defined in Minnesota Statutes. A
63.26licensed practitioner may prescribe a legend drug, without reference to a specific patient,
63.27by directing a nurse, pursuant to section
63.28practitioner under chapter 150A, a physician assistant, or a medical student or resident to
63.29adhere to a particular practice guideline or protocol when treating patients whose condition
63.30falls within such guideline or protocol, and when such guideline or protocol specifies the
63.31circumstances under which the legend drug is to be prescribed and administered. An
63.32individual who verbally, electronically, or otherwise transmits a written, oral, or electronic
63.33order, as an agent of a prescriber, shall not be deemed to have prescribed the legend drug.
64.1This paragraph applies to a physician assistant only if the physician assistant meets the
64.2requirements of section
64.3 (b) A licensed practitioner that dispenses for profit a legend drug that is to be
64.4administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
64.5file with the practitioner's licensing board a statement indicating that the practitioner
64.6dispenses legend drugs for profit, the general circumstances under which the practitioner
64.7dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
64.8dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
64.9with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
64.10any amount received by the practitioner in excess of the acquisition cost of a legend drug
64.11for legend drugs that are purchased in prepackaged form, or (2) any amount received
64.12by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
64.13making the drug available if the legend drug requires compounding, packaging, or other
64.14treatment. The statement filed under this paragraph is public data under section
64.15This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
64.16pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
64.17dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
64.18To dispense for profit does not include dispensing by a community health clinic when the
64.19profit from dispensing is used to meet operating expenses.
64.20 (c) A prescription or drug order for the following drugs is not valid, unless it can be
64.21established that the prescription or order was based on a documented patient evaluation,
64.22including an examination, adequate to establish a diagnosis and identify underlying
64.23conditions and contraindications to treatment:
64.24 (1) controlled substance drugs listed in section
64.25 (2) drugs defined by the Board of Pharmacy as controlled substances under section
64.27 (3) muscle relaxants;
64.28 (4) centrally acting analgesics with opioid activity;
64.29 (5) drugs containing butalbital; or
64.30 (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
64.31 (d) For the purposes of paragraph (c), the requirement for an examination shall be
64.32met if an in-person examination has been completed in any of the following circumstances:
64.33 (1) the prescribing practitioner examines the patient at the time the prescription
64.34or drug order is issued;
64.35 (2) the prescribing practitioner has performed a prior examination of the patient;
65.1 (3) another prescribing practitioner practicing within the same group or clinic as the
65.2prescribing practitioner has examined the patient;
65.3 (4) a consulting practitioner to whom the prescribing practitioner has referred the
65.4patient has examined the patient; or
65.5 (5) the referring practitioner has performed an examination in the case of a
65.6consultant practitioner issuing a prescription or drug order when providing services by
65.7means of telemedicine.
65.8 (e) Nothing in paragraph (c) or (d) prohibits a licensed practitioner from prescribing
65.9a drug through the use of a guideline or protocol pursuant to paragraph (a).
65.10 (f) Nothing in this chapter prohibits a licensed practitioner from issuing a
65.11prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
65.12in the Management of Sexually Transmitted Diseases guidance document issued by the
65.13United States Centers for Disease Control.
65.14 (g) Nothing in paragraph (c) or (d) limits prescription, administration, or dispensing
65.15of legend drugs through a public health clinic or other distribution mechanism approved
65.16by the commissioner of health or a board of health in order to prevent, mitigate, or treat
65.17a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
65.18biological, chemical, or radiological agent.
65.19 (h) No pharmacist employed by, under contract to, or working for a pharmacy
65.20licensed under section
65.21prescription that the pharmacist knows, or would reasonably be expected to know, is not
65.22valid under paragraph (c).
65.23 (i) No pharmacist employed by, under contract to, or working for a pharmacy
65.24licensed under section
65.25of this state based on a prescription that the pharmacist knows, or would reasonably be
65.26expected to know, is not valid under paragraph (c).
65.27 Sec. 34. IMPACT OF ORAL HEALTH PRACTITIONERS AND DENTAL
65.28THERAPISTS.
65.29(a) The Board of Dentistry shall evaluate the impact of the use of oral health
65.30practitioners and dental therapists on the delivery of and access to dental services.
65.31The board shall report to the chairs and ranking minority members of the legislative
65.32committees with jurisdiction over health care by January 15, 2014:
65.33(1) the number of oral health practitioners and dental therapists annually licensed
65.34by the board beginning in 2011;
66.1(2) the settings where licensed oral health practitioners and dental therapists are
66.2practicing and the populations being served;
66.3(3) the number of complaints filed against oral health practitioners and dental
66.4therapists and the basis for each complaint; and
66.5(4) the number of disciplinary actions taken against oral health practitioners and
66.6dental therapists.
66.7(b) The board, in consultation with the Department of Human Services, shall also
66.8include the number and type of dental services that were performed by oral health
66.9practitioners and dental therapists and reimbursed by the state under the Minnesota state
66.10health care programs for the 2013 fiscal year.
66.11(c) The Board of Dentistry, in consultation with the Department of Health, shall
66.12develop an evaluation process that focuses on assessing the impact of oral health
66.13practitioners and dental therapists in terms of patient safety, cost effectiveness, and access
66.14to dental services. The process shall focus on the following outcome measures:
66.15(1) number of new patients served;
66.16(2) reduction in waiting times for needed services;
66.17(3) decreased travel time for patients;
66.18(4) impact on emergency room usage for dental care; and
66.19(5) costs to the public health care system.
66.20(d) The evaluation process shall be used by the board in the report required in
66.21paragraph (a) and shall expire January 1, 2014.
66.22 Sec. 35. REPEALER.
66.23Minnesota Statutes 2008, section 150A.061, is repealed.