2017 - 2018 LEGISLATURE
December 19, 2017 - Introduced by Representatives Felzkowski, Ballweg,
Berceau, Billings, Born, Brandtjen, E. Brooks, R. Brooks, Considine,
Crowley, Fields, Genrich, Goyke, Horlacher, Hutton, Krug, Kuglitsch,
Kulp, Loudenbeck, Murphy, Mursau, Novak, Ohnstad, Petryk, Ripp,
Rohrkaste, Spiros, Steffen, Stuck, Tauchen, Thiesfeldt, Tittl, Tusler and
VanderMeer, cosponsored by Senators Testin,
LeMahieu, Nass, Olsen,
Stroebel and Vinehout. Referred to Committee on Health.
1An Act to amend
447.04 (title), 447.07 (3) (intro.), 447.07 (3) (e), 447.07 (3) (f), 2
447.07 (3) (g), 447.07 (3) (h), 448.03 (2) (a), 448.21 (1) (a), 450.03 (1) (e) and 3
462.02 (2) (d); and to create
440.03 (13) (b) 28m., 447.035 and 447.04 (3) of the 4
statutes; relating to: certification of expanded function dental auxiliaries and
5granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill establishes a certification program for expanded function dental
auxiliaries administered by the Dentistry Examining Board. Under the bill, a person
who is not licensed as a dentist or as a dental hygienist may perform the following
activities, as delegated and supervised by a licensed dentist, if the person is certified
by the examining board as an expanded function dental auxiliary: 1) placing and
finishing restoration material after a dentist removes tooth decay; 2) applying
sealants; 3) coronal polishing; 4) impressions; 5) temporizations; 6) packing cord; 7)
removing cement from crowns; 8) adjusting dentures and other removable oral
appliances; 9) removing sutures and dressings; and 10) applying topical fluoride,
fluoride varnish, or similar dental topical agent. The bill authorizes the examining
board to promulgate rules for the certification and practice of expanded function
dental auxiliaries, but prohibits the examining board from promulgating rules that
allow an expanded practice dental auxiliary to cut hard or soft tissue, diagnose, or
The examining board may grant a permanent certification as an expanded
function dental auxiliary to an applicant who, among other things, has practiced as
a dental assistant for a certain period, completes an instructional program, and is
proficient in cardiopulmonary resuscitation. Under the bill, the examining board
investigates, holds hearings, and makes findings pertaining to violations of the bill
and other statutes enforced by the examining board, and the examining board may
impose on violators the same penalties that apply under current law to dentists and
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
440.03 (13) (b) 28m. of the statutes is created to read:
(b) 28m. Expanded function dental auxiliary.
447.035 of the statutes is created to read:
4447.035 Certification required; expanded function dental auxiliaries.
In this section, “auxiliary" means an expanded function dental auxiliary.
Notwithstanding s. 447.03 (1) and (2), a certification to practice as an 7
auxiliary shall permit the holder to perform all of the following as delegated and 8
supervised by a dentist:
(a) Placement and finishing of restoration material, including the use of a 10
high-speed handpiece, after a dentist has removed tooth decay.
(b) Application of sealants.
(c) Coronal polishing.
(f) Packing cord.
(g) Removal of cement from crowns.
(h) Adjustment of dentures and other removable oral appliances.
(i) Removal of sutures and dressings.
(j) Application of topical fluoride, fluoride varnish, or similar dental topical 2
The examining board shall promulgate rules for the certification and 4
practice of auxiliaries.
The rules promulgated under sub. (3) shall do all of the following:
(a) Require an applicant to the instructional program described in par. (b) to 7
demonstrate in his or her application that the individual satisfies one of the following 8
criteria before the individual may be permitted to enroll in the instructional 9
1. The applicant has completed at least 1,000 hours practicing as a dental 11
assistant and the applicant holds the certified dental assistant credential issued by 12
the Dental Assisting National Board, Inc., or its successor.
2. The applicant has completed at least 2,000 hours practicing as a dental 14
assistant, as verified by the supervising licensed dentist.
(b) Require an applicant for certification under s. 447.04 (3) to demonstrate to 16
the satisfaction of the examining board that the applicant has successfully completed 17
no fewer than 70 hours of classroom instruction in an instructional program that 18
provides the training required to practice as an auxiliary.
(c) Require a dentist who delegates a procedure to an auxiliary certified under 20
s. 447.04 (3) to remain on the premises where the auxiliary is performing the 21
procedure until the procedure is complete and the dentist has verified that the 22
procedure has been performed successfully.
(d) Require each auxiliary to maintain current proficiency in cardiopulmonary 24
resuscitation, including the use of an automated external defibrillator achieved
through instruction provided by an individual, organization, or institution of higher 2
education approved under s. 46.03 (38) to provide such instruction.
The rules promulgated under sub. (3) may not permit an auxiliary to 4
perform any of the following:
(a) Cutting of hard or soft tissue.
(c) Treatment planning.
447.04 (title) of the statutes is amended to read:
(title) Licensure; certification.
447.04 (3) of the statutes is created to read:
447.04 (3) Expanded function dental auxiliary.
The examining board shall 12
grant a certification to practice as an expanded function dental auxiliary to an 13
individual who does all of the following:
(a) Pays the fee specified in s. 440.05 (1).
(b) Submits evidence satisfactory to the examining board that he or she has 16
completed the instructional program required under s. 447.035 (4) (b).
(c) Submits evidence satisfactory to the examining board that he or she has 18
current proficiency in cardiopulmonary resuscitation, including the use of an 19
automated external defibrillator achieved through instruction provided by an 20
individual, organization, or institution of higher education approved under s. 46.03 21
(38) to provide such instruction.
447.07 (3) (intro.) of the statutes is amended to read:
(intro.) Subject to the rules promulgated under s. 440.03 (1), the 24
examining board may make investigations and conduct hearings in regard to any 25
alleged action of any dentist or,
dental hygienist, or expanded function dental
of a mobile dentistry program registrant, or of any other person it has 2
reason to believe is engaged in or has engaged in the practice of dentistry or dental 3
hygiene, or the operation of a mobile dentistry program, in this state, and may, on 4
its own motion, or upon complaint in writing, reprimand any dentist
hygienist, or expanded function dental auxiliary
who is licensed or certified under 6
this chapter, or any mobile dentistry program registrant, or deny, limit, suspend, or 7
revoke his or her license or certificate, or the registration of the mobile dentistry 8
program registrant, if it finds that the dentist, dental hygienist,
or mobile dentistry program registrant has done any of the 10
447.07 (3) (e) of the statutes is amended to read:
(e) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a 13
crime, the circumstances of which substantially relate to the practice of dentistry or 14
dental hygiene, the practice of an expanded function dental auxiliary,
or the 15
operation of a mobile dentistry program.