LRB-1018/1
MDK:kaf:jf
1997 - 1998 LEGISLATURE
April 11, 1997 - Introduced by Representatives Powers, Robson, Zukowski,
Hanson, Kreibich, Turner, Hahn, Musser, Bock, Vander Loop, Notestein,
Olsen, Johnsrud, Kaufert and J. Lehman, cosponsored by Senators Clausing,
Zien, Plache and
Risser. Referred to Committee on Health.
AB273,2,2
1An Act to repeal 447.03 (1) (title), 447.03 (2) (title), 447.03 (3) (title), 447.04 (1)
2(title) and 447.04 (2) (title);
to renumber 447.03 (3) (b) and 447.04 (1);
to
3renumber and amend 15.405 (6), 447.02 (1) (d), 447.03 (2), 447.04 (2), 447.06
4(1) and 447.06 (2);
to amend 50.39 (3), 447.01 (3) (g), 447.01 (13), 447.02 (1) (a),
5447.02 (1) (c), 447.02 (1) (e), 447.02 (2) (a), 447.02 (2) (b), 447.03 (1) (intro.),
6447.03 (3) (intro.), 447.03 (3) (c), 447.065 (1) (intro.), 447.065 (2), 447.07 (1),
7447.07 (3) (intro.), 447.07 (3) (e), 447.07 (3) (f), 447.07 (3) (g), 447.07 (3) (h),
8447.09, 447.10 and 447.12 (1);
to repeal and recreate chapter 447 (title); and
9to create 15.085 (1m) (c), 15.406 (3), subchapter I (title) of chapter 447
10[precedes 447.01], 447.01 (1m), subchapter II (title) of chapter 447 [precedes
11447.02], subchapter III (title) of chapter 447 [precedes 447.11] and subchapter
12IV of chapter 447 [precedes 447.51] of the statutes;
relating to: the regulation
1of dental hygienists, creating a dental hygienists affiliated credentialing board,
2granting rule-making authority and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, a person must be licensed as a
dental hygienist by the dentistry examining board (DEB) in the department of
regulation and licensing (DORL) in order to practice dental hygiene or perform
remediable procedures or to represent himself or herself to the public as a dental
hygienist. DEB is authorized to promulgate rules that specify practices that are
included within the practice of dental hygiene. In addition, DEB may take
disciplinary action against a dental hygienist, or an applicant for a dental hygienist
license, who engages in unprofessional conduct, violates statutes or rules related to
the practice of dental hygiene or engages in certain other prohibited conduct.
This bill creates a dental hygienists affiliated credentialing board (DHACB) in
DORL that has 3 dental hygienist members and one public member. The bill
transfers to DHACB all authority that DEB has under current law relating to the
regulation of dental hygienists, including the authority to promulgate rules
specifying practices that are included within the practice of dental hygiene and the
authority to take disciplinary action. In addition, the bill allows DHACB to
promulgate rules that impose continuing education requirements on all dental
hygienists or on an individual dental hygienist in conjunction with, or instead of,
taking disciplinary action.
Under current law, a dental hygienist's practice of dental hygiene or
performance of remediable procedures must be authorized by a dentist who is
present in the same facility as the dental hygienist. If a dentist is not present, a
dental hygienist may practice dental hygiene or perform remediable procedures only
under a prescription made by a dentist that specifies the practice or procedures to
be performed and only if the following 2 requirements are satisfied: 1) the dentist
examined the patient at least once within the 12-month period preceding the date
of the prescription or the practice of dental hygiene or performance of procedures;
and 2) if the practice or procedures are performed in a dental office, the patient has
been a patient of the dentist for at least 6 months. Under this bill, these 2
requirements do not have to be satisfied if the dentist who made the prescription
waives them.
Finally, under current law, the membership of DEB includes one licensed
dental hygienist. This bill removes the dental hygienist member from DEB.
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:
AB273, s. 1
1Section
1. 15.085 (1m) (c) of the statutes is created to read:
AB273,3,42
15.085
(1m) (c) The public member of the dental hygienists affiliated
3credentialing board shall not be engaged in any profession or occupation concerned
4with the delivery of dental or oral health care.
AB273, s. 2
5Section
2. 15.405 (6) of the statutes is renumbered 15.405 (6) (intro.) and
6amended to read:
AB273,3,107
15.405
(6) Dentistry examining board. (intro.) There is created a dentistry
8examining board in the department of regulation and licensing
. The dentistry
9examining board shall consist of 8 members appointed for staggered
consisting of the
10following members appointed for 4-year terms
.:
AB273,3,15
11(a) Five
of the members shall be licensed dentists in this state. One member
12shall be a dental hygienist licensed to practice in this state. Notwithstanding s. 15.08
13(1m) (a), the dental hygienist member may participate in the preparation and
14grading of licensing examinations for dental hygienists dentists who are licensed
15under subch. II of ch. 447.
AB273,3,16
16(b) Two
public members
shall be public members.
AB273, s. 3
17Section
3. 15.406 (3) of the statutes is created to read:
AB273,3,2118
15.406
(3) Dental hygienists affiliated credentialing board. There is created
19in the department of regulation and licensing, attached to the dentistry examining
20board, a dental hygienists affiliated credentialing board consisting of the following
21members appointed for 4-year terms:
AB273,3,2222
(a) Three dental hygienists who are licensed under subch. IV of ch. 447.
AB273,3,2323
(b) One public member.
AB273, s. 4
24Section
4. 50.39 (3) of the statutes is amended to read:
AB273,4,9
150.39
(3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09,
258.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s.
3938.02 (15m), correctional institutions governed by the department of corrections
4under s. 301.02 and the offices and clinics of persons licensed to treat the sick under
5chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do
6not abridge the rights of the medical examining board, physical therapists affiliated
7credentialing board, dentistry examining board,
dental hygienists affiliated
8credentialing board, pharmacy examining board, chiropractic examining board and
9board of nursing in carrying out their statutory duties and responsibilities.
AB273, s. 5
10Section
5. Chapter 447 (title) of the statutes is repealed and recreated to read:
AB273,4,1211
Chapter 447
12
dental practices
AB273, s. 6
13Section
6. Subchapter I (title) of chapter 447 [precedes 447.01] of the statutes
14is created to read:
AB273,4,1716
Subchapter I
17
General provisions
AB273, s. 7
18Section
7. 447.01 (1m) of the statutes is created to read:
AB273,4,2019
447.01
(1m) "Affiliated credentialing board" means the dental hygienists
20affiliated credentialing board.
AB273, s. 8
21Section
8. 447.01 (3) (g) of the statutes is amended to read:
AB273,4,2322
447.01
(3) (g) Any other practice specified in the rules promulgated under s.
23447.02 (1) (d) 447.51 (1) (b).
AB273, s. 9
24Section
9. 447.01 (13) of the statutes is amended to read:
AB273,5,4
1447.01
(13) "Written or oral prescription" means specific written or oral
2authorization by a dentist who is licensed to practice dentistry under
this chapter 3subch. II to perform patient procedures according to a clearly defined treatment plan
4developed by the dentist.
AB273, s. 10
5Section
10. Subchapter II (title) of chapter 447 [precedes 447.02] of the
6statutes is created to read:
AB273,5,98
Subchapter II
9
Dentistry examining board
AB273, s. 11
10Section
11. 447.02 (1) (a) of the statutes is amended to read:
AB273,5,1411
447.02
(1) (a) Governing the reexamination of an applicant who fails an
12examination specified in s. 447.04 (1)
(a) 5. or (2) (a) 5 (e). The rules may specify
13additional educational requirements for those applicants and may specify the
14number of times an applicant may be examined.
AB273, s. 12
15Section
12. 447.02 (1) (c) of the statutes is amended to read:
AB273,5,1616
447.02
(1) (c) Subject to ch. 553 and s. 447.06
(1), governing dental franchising.
AB273, s. 13
17Section
13. 447.02 (1) (d) of the statutes is renumbered 447.51 (1) (b) and
18amended to read:
AB273,5,2019
447.51
(1) (b)
Specifying Specify practices, in addition to the practices specified
20under s. 447.01 (3) (a) to (f), that are included within the practice of dental hygiene.
AB273, s. 14
21Section
14. 447.02 (1) (e) of the statutes is amended to read:
AB273,5,2322
447.02
(1) (e) Providing for the granting of temporary licenses under this
23chapter subchapter.
AB273, s. 15
24Section
15. 447.02 (2) (a) of the statutes is amended to read:
AB273,6,2
1447.02
(2) (a) The conditions for supervision and the degree of supervision
2required under ss. 447.03 (3) (a)
, (b) and (d) 2. and 447.065.
AB273, s. 16
3Section
16. 447.02 (2) (b) of the statutes is amended to read: