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.
AB749,1,5 1An Act to amend 447.04 (title), 447.07 (3) (intro.), 447.07 (3) (e), 447.07 (3) (f),
2447.07 (3) (g), 447.07 (3) (h), 448.03 (2) (a), 448.21 (1) (a), 450.03 (1) (e) and
3462.02 (2) (d); and to create 440.03 (13) (b) 28m., 447.035 and 447.04 (3) of the
4statutes; 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
plan treatments.
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
dental hygienists.
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:
AB749,1 1Section 1. 440.03 (13) (b) 28m. of the statutes is created to read:
AB749,2,22 440.03 (13) (b) 28m. Expanded function dental auxiliary.
AB749,2 3Section 2 . 447.035 of the statutes is created to read:
AB749,2,5 4447.035 Certification required; expanded function dental auxiliaries.
5(1)
In this section, “auxiliary" means an expanded function dental auxiliary.
AB749,2,8 6(2) Notwithstanding s. 447.03 (1) and (2), a certification to practice as an
7auxiliary shall permit the holder to perform all of the following as delegated and
8supervised by a dentist:
AB749,2,109 (a) Placement and finishing of restoration material, including the use of a
10high-speed handpiece, after a dentist has removed tooth decay.
AB749,2,1111 (b) Application of sealants.
AB749,2,1212 (c) Coronal polishing.
AB749,2,1313 (d) Impressions.
AB749,2,1414 (e) Temporizations.
AB749,2,1515 (f) Packing cord.
AB749,2,1616 (g) Removal of cement from crowns.
AB749,2,1717 (h) Adjustment of dentures and other removable oral appliances.
AB749,2,1818 (i) Removal of sutures and dressings.
AB749,3,2
1(j) Application of topical fluoride, fluoride varnish, or similar dental topical
2agent.
AB749,3,4 3(3) The examining board shall promulgate rules for the certification and
4practice of auxiliaries.
AB749,3,5 5(4) The rules promulgated under sub. (3) shall do all of the following:
AB749,3,96 (a) Require an applicant to the instructional program described in par. (b) to
7demonstrate in his or her application that the individual satisfies one of the following
8criteria before the individual may be permitted to enroll in the instructional
9program:
AB749,3,1210 1. The applicant has completed at least 1,000 hours practicing as a dental
11assistant and the applicant holds the certified dental assistant credential issued by
12the Dental Assisting National Board, Inc., or its successor.
AB749,3,1413 2. The applicant has completed at least 2,000 hours practicing as a dental
14assistant, as verified by the supervising licensed dentist.
AB749,3,1815 (b) Require an applicant for certification under s. 447.04 (3) to demonstrate to
16the satisfaction of the examining board that the applicant has successfully completed
17no fewer than 70 hours of classroom instruction in an instructional program that
18provides the training required to practice as an auxiliary.
AB749,3,2219 (c) Require a dentist who delegates a procedure to an auxiliary certified under
20s. 447.04 (3) to remain on the premises where the auxiliary is performing the
21procedure until the procedure is complete and the dentist has verified that the
22procedure has been performed successfully.
AB749,4,223 (d) Require each auxiliary to maintain current proficiency in cardiopulmonary
24resuscitation, including the use of an automated external defibrillator achieved

1through instruction provided by an individual, organization, or institution of higher
2education approved under s. 46.03 (38) to provide such instruction.
AB749,4,4 3(5) The rules promulgated under sub. (3) may not permit an auxiliary to
4perform any of the following:
AB749,4,55 (a) Cutting of hard or soft tissue.
AB749,4,66 (b) Diagnosis.
AB749,4,77 (c) Treatment planning.
AB749,3 8Section 3 . 447.04 (title) of the statutes is amended to read:
AB749,4,9 9447.04 (title) Licensure; certification.
AB749,4 10Section 4 . 447.04 (3) of the statutes is created to read:
AB749,4,1311 447.04 (3) Expanded function dental auxiliary. The examining board shall
12grant a certification to practice as an expanded function dental auxiliary to an
13individual who does all of the following:
AB749,4,1414 (a) Pays the fee specified in s. 440.05 (1).
AB749,4,1615 (b) Submits evidence satisfactory to the examining board that he or she has
16completed the instructional program required under s. 447.035 (4) (b).
AB749,4,2117 (c) Submits evidence satisfactory to the examining board that he or she has
18current proficiency in cardiopulmonary resuscitation, including the use of an
19automated external defibrillator achieved through instruction provided by an
20individual, organization, or institution of higher education approved under s. 46.03
21(38) to provide such instruction.
AB749,5 22Section 5 . 447.07 (3) (intro.) of the statutes is amended to read:
AB749,5,1023 447.07 (3) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
24examining board may make investigations and conduct hearings in regard to any
25alleged action of any dentist or, dental hygienist, or expanded function dental

1auxiliaries,
of a mobile dentistry program registrant, or of any other person it has
2reason to believe is engaged in or has engaged in the practice of dentistry or dental
3hygiene, or the operation of a mobile dentistry program, in this state, and may, on
4its own motion, or upon complaint in writing, reprimand any dentist or, dental
5hygienist, or expanded function dental auxiliary who is licensed or certified under
6this chapter, or any mobile dentistry program registrant, or deny, limit, suspend, or
7revoke his or her license or certificate, or the registration of the mobile dentistry
8program registrant, if it finds that the dentist, dental hygienist, expanded function
9dental auxiliary,
or mobile dentistry program registrant has done any of the
10following:
AB749,6 11Section 6 . 447.07 (3) (e) of the statutes is amended to read:
AB749,5,1512 447.07 (3) (e) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a
13crime, the circumstances of which substantially relate to the practice of dentistry or
14dental hygiene, the practice of an expanded function dental auxiliary, or the
15operation of a mobile dentistry program.
AB749,7 16Section 7 . 447.07 (3) (f) of the statutes is amended to read:
AB749,5,1917 447.07 (3) (f) Violated this chapter or any federal or state statute or rule that
18relates to the practice of dentistry or, dental hygiene, or an expanded function dental
19auxiliary,
or the operation of a mobile dentistry program.
AB749,8 20Section 8 . 447.07 (3) (g) of the statutes is amended to read:
AB749,5,2321 447.07 (3) (g) Subject to ss. 111.321, 111.322 and 111.34, practiced dentistry or
22dental hygiene or as an expanded function dental auxiliary while his or her ability
23was impaired by alcohol or other drugs.
AB749,9 24Section 9 . 447.07 (3) (h) of the statutes is amended to read:
AB749,6,3
1447.07 (3) (h) Engaged in conduct that indicates a lack of knowledge of, an
2inability to apply or the negligent application of, principles or skills of dentistry or
3dental hygiene or the practice of an expanded function dental auxiliary.
AB749,10 4Section 10 . 448.03 (2) (a) of the statutes is amended to read:
AB749,6,115 448.03 (2) (a) Any person lawfully practicing within the scope of a license,
6permit, registration, certificate, or certification granted to practice midwifery under
7subch. XIII of ch. 440, to practice professional or practical nursing or
8nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice
9dentistry or dental hygiene or as an expanded function dental auxiliary under ch.
10447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or
11under any other statutory provision, or as otherwise provided by statute.
AB749,11 12Section 11 . 448.21 (1) (a) of the statutes is amended to read:
AB749,6,1413 448.21 (1) (a) The practice of dentistry or dental hygiene within the meaning
14of ch. 447 or the practice of an expanded function dental auxiliary under s. 447.035.
AB749,12 15Section 12 . 450.03 (1) (e) of the statutes is amended to read:
AB749,6,2216 450.03 (1) (e) Any person lawfully practicing within the scope of a license,
17permit, registration, certificate, or certification granted to provide home medical
18oxygen under s. 450.076, to practice professional or practical nursing or
19nurse-midwifery under ch. 441, to practice dentistry or dental hygiene or as an
20expanded function dental auxiliary
under ch. 447, to practice medicine and surgery
21under ch. 448, to practice optometry under ch. 449, or to practice veterinary medicine
22under ch. 89, or as otherwise provided by statute.
AB749,13 23Section 13 . 462.02 (2) (d) of the statutes is amended to read:
AB749,7,3
1462.02 (2) (d) A dentist licensed under s. 447.04 (1), a dental hygienist licensed
2under s. 447.04 (2), a person certified as an expanded function dental auxiliary under
3s. 447.04 (3),
or a person under the direct supervision of a dentist.
AB749,7,44 (End)
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