447.03
447.03
License required. 447.03(1)(1)
Dentists. Except as provided under
sub. (3) and
ss. 257.03 and
447.02 (3), no person may do any of the following unless he or she is licensed to practice dentistry under this chapter:
447.03 Note
NOTE: Sub. (1) (intro.) is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
447.03(1)(b)
(b) Use or permit to be used, directly or indirectly, for a profit or otherwise for himself or herself, or for any other person, the title, or append to his or her name the words or letters, "doctor", "Dr.", "Doctor of Dental Surgery", "D.D.S.", or "D.M.D.", or any other letters, titles, degrees, terms or descriptive matter, personal or not, which directly or indirectly represent him or her to be engaged in the practice of dentistry.
447.03(1)(c)
(c) Inform the public directly or indirectly in any language, orally, in writing or printing, or by drawings, demonstrations, signs, pictures or other means that he or she can perform or will attempt to perform dental services of any kind.
447.03(2)
(2) Dental hygienists. Except as provided under
sub. (3) and
s. 447.02 (3), no person may do any of the following unless he or she is licensed to practice dental hygiene under this chapter:
447.03(2)(a)
(a) Practice or offer to practice dental hygiene.
447.03(2)(b)
(b) Represent himself or herself to the public as a dental hygienist or use, in connection with his or her name, any title or description that may convey the impression that he or she is a dental hygienist.
447.03(3)
(3) Exceptions. No license or certificate under this chapter is required for any of the following:
447.03(3)(a)
(a) A dental student who practices dentistry under the supervision of a dentist in an infirmary, clinic, hospital or other institution connected or associated for training purposes with an accredited dental school.
447.03(3)(b)
(b) A dental hygiene student who practices dental hygiene under the supervision of a dentist in an infirmary, clinic, hospital or other institution connected or associated for training purposes with an accredited dental hygiene school.
447.03(3)(c)
(c) An individual licensed to practice dentistry or dental hygiene in another state or country who practices dentistry or dental hygiene in a program of dental education or research at the invitation of a group of dentists or practices dentistry or dental hygiene under the jurisdiction of the army, navy, air force, U.S. public health service or veterans bureau.
447.03(3)(d)
(d) Any of the following individuals who do not engage in the private practice of dentistry and do not have an office outside the institution at which he or she is appointed or employed:
447.03(3)(d)1.
1. A nonclinical instructor in dental science who is employed by an accredited dental school.
447.03(3)(d)2.
2. A dental fellow engaged in dental science teaching or research who is appointed by and is under the supervision of the faculty of an accredited dental school.
447.03(3)(d)3.
3. A dental intern who is appointed by a hospital located in this state, if the hospital is accredited for dental internship training and the internship does not exceed one year.
447.03(3)(d)4.
4. A dental resident who is appointed by a hospital located in this state for a 2nd or subsequent year of advanced study of dental science if the hospital is accredited for dental residency training.
447.03(3)(e)
(e) Any examiner representing a testing service approved by the examining board.
447.03(3)(f)
(f) A dental laboratory or dental laboratory technician to construct appliances or restorations for dentists if all of the following apply:
447.03(3)(f)1.
1. The appliances or restorations are constructed upon receipt from a dentist of impressions or measurements, directions, and a written work authorization on a form approved by the examining board.
447.03(3)(f)2.
2. The amounts payable for the services are billed to the dentist.
447.03(3)(h)
(h) A physician or surgeon licensed in this state who extracts teeth, or operates upon the palate or maxillary bones and investing tissues, or who administers anesthetics, either general or local.
447.03 History
History: 1989 a. 349 ss.
15,
18;
1997 a. 96;
2005 a. 96;
2009 a. 10,
42; s. 13.92 (2) (i).
447.03 Cross-reference
Cross-reference: See also chs.
DE 2,
3,
4,
9,
11, and
12, Wis. adm. code.
447.03 Annotation
Tort-based informed consent law requires a showing that a failure to disclose information caused actual injury. The standards of unprofessional conduct do not require such a showing. Unprofessional conduct includes practicing in a manner that substantially departs from the standard of care ordinarily exercised by a dentist that harms or could have harmed a patient. Painter v. Dentistry Examining Board, 2003 WI App 123,
265 Wis. 2d 248,
665 N.W.2d 397,
02-2218.
447.03 Annotation
The 5-pronged test of Gimenez,
203 Wis. 2d 349, does not apply to cases in which fraud and misrepresentation are alleged. Gimenez expressly limits the application of the test to cases in which the medical professional is charged with choosing a course of treatment that is dangerous or detrimental to his or her patient or the public. It does not apply to allegations of unprofessional conduct by perpetrating a fraud on a patient in an attempt to obtain compensation. Krahenbuhl v. Wisconsin Dentistry Examining Board, 2006 WI App 73,
292 Wis. 2d 154,
713 N.W.2d 152,
05-1376.
447.04(1)(a)(a) The examining board shall grant a license to practice dentistry to an individual who does all of the following:
447.04(1)(a)1.
1. Submits an application for the license to the department on a form provided by the department.
447.04(1)(a)3.
3. Submits evidence satisfactory to the examining board that he or she has graduated from an accredited dental school.
447.04(1)(a)4.
4. Submits evidence satisfactory to the examining board that he or she has passed the national dental examination and the examination of a dental testing service approved by the examining board.
447.04(1)(a)5.
5. Passes an examination administered by the examining board on the statutes and rules relating to dentistry.
447.04(1)(a)5m.
5m. Submits evidence satisfactory to the examining board that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under
s. 46.03 (38) to provide such instruction.
447.04(1)(a)6.
6. Completes any other requirements established by the examining board by rule.
447.04(1)(b)
(b) Except as provided in
par. (c), the examining board may grant a license to practice dentistry to an individual who is licensed in good standing to practice dentistry in another state or territory of the United States or in another country if the applicant complies with all of the following requirements:
447.04(1)(b)1.
1. Meets the requirements for licensure established by the examining board by rule.
447.04(1)(b)2.
2. Submits evidence satisfactory to the examining board that the person has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education qualified to provide such instruction. The examining board shall consult with the department of health services to determine whether an individual, organization, or institution of higher education is qualified to provide instruction under this subdivision.
447.04(1)(c)1.1. The examining board shall grant a license to practice dentistry to an applicant who is licensed in good standing to practice dentistry in another jurisdiction upon presentation of the license and who does all of the following:
447.04(1)(c)1.b.
b. Submits evidence satisfactory to the examining board that the applicant has been offered employment as a full-time faculty member at a school of dentistry in this state.
447.04(1)(c)1.c.
c. Makes responses during any interview that the examining board may require that demonstrate, to the satisfaction of the examining board, that the applicant is competent to practice dentistry.
447.04(1)(c)1.d.
d. Submits evidence satisfactory to the examining board that the person has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education qualified to provide such instruction. The examining board shall consult with the department of health services to determine whether an individual, organization, or institution of higher education is qualified to provide instruction under this subdivision.
447.04(1)(c)2.
2. A license granted under
subd. 1. authorizes the license holder to practice dentistry only within educational facilities.
447.04(1)(c)3.
3. A license granted under
subd. 1. is no longer in effect if the license holder ceases to be employed as a full-time faculty member at a school of dentistry in this state.
447.04(1)(c)4.
4. The examining board may promulgate rules to carry out the purposes of this paragraph.
447.04(2)(a)(a) The examining board shall grant a license to practice dental hygiene to an individual who does all of the following:
447.04(2)(a)1.
1. Submits an application for the license to the department on a form provided by the department.
447.04(2)(a)3.
3. Submits evidence satisfactory to the examining board that he or she has graduated from an accredited dental hygiene school.
447.04(2)(a)4.
4. Submits evidence satisfactory to the examining board that he or she has passed the national dental hygiene examination and the examination of a dental hygiene testing service approved by the examining board.
447.04(2)(a)5.
5. Passes an examination administered by the examining board on the statutes and rules relating to dental hygiene.
447.04(2)(a)5m.
5m. Submits evidence satisfactory to the examining board that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under
s. 46.03 (38) to provide such instruction.
447.04(2)(a)6.
6. Completes any other requirements established by the examining board by rule.
447.04(2)(b)
(b) The examining board may grant a license to practice dental hygiene to an individual who is licensed in good standing to practice dental hygiene in another state or territory of the United States or in another country if the applicant complies with all of the following requirements:
447.04(2)(b)1.
1. Meets the requirements for licensure established by the examining board by rule.
447.04(2)(b)2.
2. Submits evidence satisfactory to the examining board that the person has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education qualified to provide such instruction. The examining board shall consult with the department of health services to determine whether an individual, organization, or institution of higher education is qualified to provide instruction under this subdivision.
447.04(2)(c)1.1. The examining board shall grant a certificate to administer local anesthesia to a dental hygienist who is licensed under
par. (a) or
(b), and who submits evidence satisfactory to the examining board that he or she satisfies the educational requirements established in rules promulgated under
s. 447.02 (2) (e).
447.04(2)(c)2.
2. No fee may be charged for a certificate granted under
subd. 1. A certificate granted under
subd. 1. remains in effect while the dental hygienist's license granted under
par. (a) or
(b) remains in effect unless the certificate is suspended or revoked by the examining board.
447.04 Cross-reference
Cross-reference: See also chs.
DE 2,
3, and
4, Wis. adm. code.
447.05
447.05
Expiration and renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under
s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under
s. 440.03 (9) (a). The examining board may not renew a license to practice dentistry unless the applicant for renewal attests that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under
s. 46.03 (38) to provide such instruction. The examining board may not renew a license to practice dental hygiene unless the applicant for renewal attests that he or she has complied with
s. 447.055 and any rules promulgated by the department under
s. 447.055, that he or she has a current certification in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under
s. 46.03 (38) to provide such instruction.
447.055
447.055
Continuing education; dental hygienists. 447.055(1)(a)(a) Except as provided in
subs. (3) and
(4), a person is not eligible for renewal of a license to practice dental hygiene, other than a permit issued under
s. 447.02 (3), unless the person has taught, prepared, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under
s. 440.08 (2) (a), 12 credit hours of continuing education relating to the clinical practice of dental hygiene that is sponsored or recognized by a local, state, regional, national, or international dental, dental hygiene, dental assisting, or medical-related professional organization.
447.055(1)(b)
(b) Continuing education required under
par. (a) may include training in all of the following:
447.055(1)(b)1.
1. Basic life support or cardiopulmonary resuscitation. Not more than 2 of the credit hours required under
par. (a) may be satisfied by such training.
447.055(1)(b)2.
2. Infection control. Not less than 2 of the credit hours required under
par. (a) must be satisfied by such training.
447.055(1)(c)
(c) Biennially, beginning January 1, 2007, the department shall consult with the examining board and with the department of health services regarding the number of credit hours of continuing education required for eligibility for renewal under
par. (a). After consulting with the examining board and the department of health services, and notwithstanding
par. (a), the department may promulgate a rule requiring not more than 20 nor less than 12 credit hours of continuing education for eligibility for renewal.
447.055(1)(d)
(d) After consultation with the examining board and with the department of health services, the department may promulgate rules requiring that continuing education credit hours under
par. (a) include courses in specific clinical subjects.
447.055(2)
(2) The credit hours required under
sub. (1) (a) may be satisfied by independent study, correspondence, or Internet programs or courses.
447.055(3)
(3) Subsection (1) (a) does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.
447.055(4)
(4) A person may substitute credit hours of college level courses related to the practice of dental hygiene for the credit hours required under
sub. (1) (a). For purposes of this subsection, one credit hour of a college level course is equivalent to 6 credit hours of continuing education.
447.055(5)
(5) For purposes of
sub. (1) (a), one hour of teaching or preparing a continuing education program is equivalent to one credit hour of continuing education, but a person who teaches or prepares a continuing education program may obtain credit for the program only once.
447.055(6)
(6) The examining board may require applicants for renewal of a license to practice dental hygiene to submit proof of compliance with the requirements of this section.
447.056
447.056
Continuing education; dentists. 447.056(1)
(1) Except as provided in
subs. (2) to
(4), a person is not eligible for renewal of a license to practice dentistry, other than a permit issued under
s. 447.02 (3), unless the person has taught, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under
s. 440.08 (2) (a), 30 credit hours of continuing education related to the practice of dentistry or the practice of medicine, including not less than 25 credit hours of instruction in clinical dentistry or clinical medicine. Not more than 4 of the 30 hours may be from teaching. Continuing education does not satisfy the requirements under this subsection unless the continuing education is one of the following:
447.056(1)(a)
(a) Sponsored or recognized by a local, state, regional, national, or international dental or medical professional organization.
447.056(1)(b)
(b) A college-level course that is offered by a postsecondary institution accredited by the American Dental Association commission on dental accreditation or a successor agency, or by another recognized accrediting body.
