Register August 2006 No. 608

Chapter DE 12

DELEGATION OF FUNCTIONS TO UNLICENSED PERSONS

DE 12.01 Nondelegated functions.

DE 12.02 Training.

DE 12.03 Reporting violations.

DE 12.04 Allowable delegation.

DE 12.01 DE 12.01  Nondelegated functions. A dentist may not delegate any dental procedure of any description to an unlicensed person if the procedure to be delegated:

DE 12.01(1) (1) Is of a character which may cause damage to the patient's teeth or oral cavity which cannot be remedied without professional intervention.

DE 12.01(2) (2) Is of a character which may cause adverse or unintended general systemic reaction.

DE 12.01(3) (3) Is intended, interpreted, or represented to be preliminary assessments, dental hygiene treatment planning, oral screenings, oral prophylaxes, scaling or root planing, or dental sealants, or any portion of an oral prophylaxis other than supragingival rubber cup and air polishing after calculus is removed if necessary.

DE 12.01 History History: Cr. Register, August, 1991, No. 428, eff. 9-1-91; am. (3), Register, January, 1996, No. 481, eff. 2-1-96; am. (3), Register, August, 1996, No. 488, eff. 9-1-96.

DE 12.02 DE 12.02  Training. A dentist who delegates any dental procedure or function to an unlicensed person must first train or verify the training of the person in the performance of the procedure or function, and must maintain verifiable records on forms approved by the board of the successful completion of the training by the unlicensed person.

DE 12.02 History History: Cr. Register, August, 1991, No. 428, eff. 9-1-91.

DE 12.03 DE 12.03  Reporting violations. A dentist or dental hygienist who becomes aware that any dentist is improperly delegating the performance of any dental procedure or function to an unlicensed person, or to a person who is performing the delegated procedure or function in a manner which is less than minimally competent, shall report the circumstances to the board. Failure to report the circumstances of improper delegation by a dentist constitutes aiding and abetting the violation of a law substantially related to the practice of dentistry or dental hygiene, and is a violation of s. DE 5.02 (20).

DE 12.03 History History: Cr. Register, August, 1991, No. 428, eff. 9-1-91.

DE 12.04 DE 12.04  Allowable delegation. An unlicensed person may remove plaque and materia alba with a mechanical device only if the delegation of the function complies with ss. DE 12.01 and 12.02.

DE 12.04 History History: Cr. Register, August, 1991, No. 428, eff. 9-1-91.