LRB-2108/1
KP:emw&kjf
2017 - 2018 LEGISLATURE
May 15, 2017 - Introduced by Representatives Steffen, Spreitzer, Allen,
Ballweg, Berceau, Bernier, Billings, Brandtjen, R. Brooks, Considine,
Doyle, Fields, Genrich, Hintz, Kolste, Krug, Murphy, Mursau, Novak,
Quinn, Riemer, Rohrkaste, Spiros, Subeck and Tauchen, cosponsored by
Senators Wanggaard, Roth, Bewley, Carpenter, Johnson, Lasee, Nass,
Olsen, Ringhand and Shilling. Referred to Committee on Health.
AB318,1,4 1An Act to create 447.02 (4), 447.02 (5), 447.06 (1g), 447.06 (1r) and 447.063 of
2the statutes; relating to: preserving and transferring dental patient health
3care records, contracts for practicing dentistry or dental hygiene, and granting
4rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires dental practices to preserve patient records for the amount
of time determined by the board by rule. It also requires dental practices to transfer
patient records if requested by a patient or person authorized by the patient. Also,
under the bill, a contract between a dentist or dental hygienist and another party for
practicing dentistry or dental hygiene may not require the dentist or dental hygienist
to meet a minimum quota for the number of patients seen or procedures performed.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB318,1 5Section 1 . 447.02 (4) of the statutes is created to read:
AB318,2,46 447.02 (4) In the course of investigating a violation of this chapter, the
7examining board may require, by order or subpoena, that a person who manages or

1controls a business that offers dental or dental hygiene services, including
2management or control of a business through which the person allows another
3person to offer dental or dental hygiene services, produce patient health care records,
4as defined in s. 146.81 (4).
AB318,2 5Section 2 . 447.02 (5) of the statutes is created to read:
AB318,2,106 447.02 (5) Except as provided in ss. 447.058 and 447.063, nothing in this
7chapter may be construed as authorizing the examining board to regulate business
8or administrative support functions or services, that do not constitute the practice
9of dentistry or dental hygiene, provided to a business that provides dental or dental
10hygiene services.
AB318,3 11Section 3 . 447.06 (1g) of the statutes is created to read:
AB318,2,1512 447.06 (1g) No contract of employment entered into between a dentist and any
13other party under which the dentist is employed to practice dentistry may require
14a dentist to meet a minimum quota for the number of patients seen or the number
15of procedures performed.
AB318,4 16Section 4 . 447.06 (1r) of the statutes is created to read:
AB318,2,2017 447.06 (1r) No contract of employment entered into between a dental hygienist
18and any other party under which the dental hygienist is employed to practice dental
19hygiene may require a dental hygienist to meet a minimum quota for the number of
20patients seen or the number of procedures performed.
AB318,5 21Section 5 . 447.063 of the statutes is created to read:
AB318,3,2 22447.063 Preservation and transfer of patient health care records. (1)
23A person who manages or controls a business that offers dental or dental hygiene
24services, including management or control of a business through which the person
25allows another person to offer dental or dental hygiene services, shall preserve

1patient health care records, as defined in s. 146.81 (4), for an amount of time
2determined by the examining board by rule.
AB318,3,9 3(2) A person who manages or controls a business that offers dental or dental
4hygiene services, including management or control of a business through which the
5person allows another person to offer dental or dental hygiene services, shall, upon
6request of a patient or person authorized by the patient, as defined in s. 146.81 (5),
7transfer the patient health care records, as defined in s. 146.81 (4), of the patient to
8another person that the patient or person authorized by the patient specifies to
9receive the patient health care records.
AB318,3,1010 (End)
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