AB367, s. 7
12Section
7. 447.02 (2) (d) of the statutes is amended to read:
AB367,7,1513
447.02
(2) (d) The oral systemic premedications and subgingival sustained
14release chemotherapeutic agents that may be administered by a dental hygienist
15licensed under this chapter under s. 447.06
(2) (e) 1. and 3 (6) (a) and (c).
AB367, s. 8
16Section
8
. 447.02 (2) (e) of the statutes is amended to read:
AB367,7,1917
447.02
(2) (e) The educational requirements for administration of local
18anesthesia by a dental hygienist licensed under this chapter under s. 447.06
(2) (e)
192 (6) (b).
Note: Sections 6 to 8 modify current cross-references to reflect changes made by
the bill.
AB367, s. 9
20Section
9
. 447.02 (3) of the statutes is created to read:
AB367,8,6
1447.02
(3) By January 1, 2003, and every 5 years thereafter, the examining
2board shall submit jointly with the department of health and family services a report
3to the legislature under s. 13.172 (2) and to the governor on the ability of the dental
4work force to meet the oral health care needs of individuals in this state. The report
5shall include findings and any recommendations of the examining board and the
6department.
AB367, s. 10
7Section
10
. 447.03 (2) (intro.), (a) and (b) of the statutes are renumbered
8447.03 (2) (a) (intro.), 1. and 2.
AB367, s. 11
9Section
11
. 447.03 (2) (b) of the statutes is created to read:
AB367,8,1210
447.03
(2) (b) Any individual who is licensed as a dental hygienist under this
11chapter is not required to be licensed as a dentist to perform acts delegated by a
12dentist under s. 447.06.
AB367, s. 12
13Section
12
. 447.03 (3) (g) of the statutes is amended to read:
AB367,8,1514
447.03
(3) (g) Any individual who provides remediable procedures
or other
15dentistry practices that are delegated under s. 447.065 (1)
or (2).
Note: Sections 10 to 12 modify current statutes dealing with unauthorized
practice of dentistry to allow individuals who are delegated dentistry practices by a
dentist under the bill to do so without having to be licensed as a dentist.
AB367, s. 13
16Section
13. 447.04 (1) (a) 4. of the statutes is amended to read:
AB367,8,2017
447.04
(1) (a) 4. Submits evidence satisfactory to the examining board that he
18or she has passed the national dental examination and
either the examination of a
19dental testing service approved by the examining board
or an examination of a
20regional dental testing service in the United States.
Note: This Section modifies one of the requirements for licensure as a dentist.
Under the current requirement, the applicant must submit evidence satisfactory to the
dentistry 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. This
Section modifies the latter requirement so that the individual would have to pass either
the examination of a dental testing service approved by the examining board or an
examination of a regional dental testing service in the United States. There are four such
regional dental testing services in the United States, two of which are currently
recognized by the examining board.
AB367, s. 14
1Section
14. 447.04 (1) (b) of the statutes is amended to read:
AB367,9,72
447.04
(1) (b)
The Except as provided in pars. (c) and (d), the examining board
3may grant a license to practice dentistry to an individual who is licensed in good
4standing to practice dentistry in another state or territory of the United States or in
5another country if the applicant meets the requirements for licensure established by
6the examining board by rule and upon presentation of the license and payment of the
7fee specified under s. 440.05 (2).
Note: This Section amends the current statute allowing the dentistry examining
board to grant a license to practice dentistry to an individual who is licensed in another
state, territory, or country. The statute is amended to reference the two provisions in the
bill under which the examining board would be required to grant a license to practice
dentistry, as specified in Sections 15 and 16.
AB367, s. 15
8Section
15
. 447.04 (1) (c) of the statutes is created to read:
AB367,9,139
447.04
(1) (c) 1. The examining board shall grant a license to practice dentistry
10to an applicant who is licensed in good standing to practice dentistry in another state
11or territory of the United States or in Canada upon presentation of the license,
12payment of the fee specified under s. 440.05 (2), and submission of evidence
13satisfactory to the examining board that all of the following conditions are met:
AB367,9,1514
a. The applicant has graduated from a school of dentistry accredited by the
15American Dental Association's commission on dental accreditation.
AB367,9,1916
b. The applicant submits a certificate from each jurisdiction in which the
17applicant is or has ever been licensed stating that no disciplinary action is pending
18against the applicant or the license, and detailing all discipline, if any, that has ever
19been imposed against the applicant or the license.
AB367,10,4
1c. The applicant has been engaged in the active practice of dentistry, as defined
2in s. DE 1.02 (2), Wis. Adm. Code, in one or more jurisdictions in which the applicant
3has a current license in good standing, for at least 48 of the 60 months preceding the
4application for licensure in this state.
AB367,10,75
d. The applicant has successfully completed a jurisprudence examination on
6the provisions of Wisconsin statutes and administrative rules relating to dentistry
7and dental hygiene.
AB367,10,98
e. The applicant possesses a current certificate of proficiency in
9cardiopulmonary resuscitation.
AB367,10,1210
f. The applicant has disclosed all discipline that has ever been taken against
11the applicant in any jurisdiction shown in reports from the national practitioner data
12bank and the American association of dental examiners.
AB367,10,1613
g. The applicant has presented satisfactory responses during any personal
14interview with the board that the board may require to resolve conflicts between the
15licensing standards and the applicant's application or to inquire into any discipline
16that was imposed against the applicant or the license in another jurisdiction.
AB367,10,2017
2. Notwithstanding subd. 1., the examining board may refuse to grant a license
18to an applicant following an interview under subd. 1. g. if the examining board
19determines that discipline that was imposed against the applicant or the license in
20another jurisdiction demonstrates that the applicant is unfit to practice dentistry.
Note: This Section requires the dentistry examining board to grant a license to
practice dentistry to an applicant who is licensed in good standing to practice dentistry
in another state or territory of the United States or in Canada upon satisfying conditions
specified in the bill. Licensure of persons who have practiced in another jurisdiction is
commonly referred to as "licensure by endorsement."
AB367, s. 16
21Section
16
. 447.04 (1) (d) of the statutes is created to read:
AB367,11,5
1447.04
(1) (d) 1. The examining board shall grant a license to practice dentistry
2to an applicant who is licensed in good standing to practice dentistry in another state
3or territory of the United States or in another country upon presentation of the
4license, payment of the fee specified under s. 440.05 (2), and submission of evidence
5satisfactory to the examining board that all of the following conditions are met:
AB367,11,66
a. The applicant is a faculty member at a school of dentistry in this state.
AB367,11,107
b. The applicant submits a certificate from each jurisdiction in which the
8applicant is or has ever been licensed stating that no disciplinary action is pending
9against the applicant or the license, and detailing all discipline, if any, that has ever
10been imposed against the applicant or the license.
AB367,11,1311
c. The applicant has successfully completed a jurisprudence examination on
12the provisions of Wisconsin statutes and administrative rules relating to dentistry
13and dental hygiene.
AB367,11,1514
d. The applicant possesses a current certificate of proficiency in
15cardiopulmonary resuscitation.
AB367,11,1816
e. The applicant has disclosed all discipline that has ever been taken against
17the applicant in any jurisdiction shown in reports from the national practitioner data
18bank and the American association of dental examiners.
AB367,11,2219
f. The applicant has presented satisfactory responses during any personal
20interview with the board that the board may require to resolve conflicts between the
21licensing standards and the applicant's application or to inquire into any discipline
22that was imposed against the applicant or the license in another jurisdiction.
AB367,12,223
2. Notwithstanding subd. 1., the examining board may refuse to grant a license
24to an applicant following an interview under subd. 1. f. if the examining board
1determines that discipline that was imposed against the applicant or the license in
2another jurisdiction demonstrates that the applicant is unfit to practice dentistry.
AB367,12,43
3. A license under this paragraph is no longer in effect if the licensee ceases to
4be a faculty member at a school of dentistry in this state.
Note: This Section requires the dentistry examining board to grant a license to
practice dentistry to an applicant who is licensed in good standing to practice dentistry
in another state or territory in the United States or in another country if the applicant
is a faculty member at a school of dentistry in this state and satisfies other conditions
specified in this Section. A license granted under this provision is no longer in effect if
the licensee ceases to be a faculty member at a school of dentistry in this state.
AB367, s. 17
5Section
17
. 447.06 (title) of the statutes is amended to read:
AB367,12,6
6447.06 (title)
Practice Dental hygienist practice limitations.
AB367, s. 18
7Section
18
. 447.06 (1) of the statutes is renumbered 447.055 and amended to
8read:
AB367,12,15
9447.055 Contract provisions. No contract of employment entered into
10between a dentist and any other party under which the dentist renders dental
11services may require the dentist to act in a manner which violates the professional
12standards for dentistry set forth in this chapter. Nothing in this
subsection section 13limits the ability of the other party to control the operation of the dental practice in
14a manner in accordance with the professional standards for dentistry set forth in this
15chapter.
Note: Sections 17 and 18 remove from a statutory section dealing primarily with
dental hygienists a provision that relates to dentists. Titles are modified to accommodate
this change.
AB367, s. 19
16Section
19
. 447.06 (2) (a) of the statutes is renumbered 447.06 (1m) and 447.06
17(1m) (intro.), as renumbered, is amended to read:
AB367,12,2018
447.06
(1m) Practice circumstances. A
dental hygienist may practice dental
19hygiene or perform remediable procedures
or other delegated procedures only as an
20employee or as an independent contractor and only as follows:
AB367, s. 20
1Section
20. 447.06 (2) (b) of the statutes is renumbered 447.06 (2m) (a) and
2amended to read:
AB367,13,93
447.06
(2m) (a)
A Except as provided in subs. (3) and (4), a dental hygienist
4may practice dental hygiene or perform remediable procedures
under par. (a) 1., 4.,
56., 7. or 8. only as only if either authorized by a dentist who is licensed to practice
6dentistry under this chapter and who is present in the facility in which those
7practices or procedures are performed
, except as provided in par. (c) or if the practices
8or procedures are performed pursuant to a prescription that meets the requirements
9of par. (b).
AB367, s. 21
10Section
21
. 447.06 (2) (c) of the statutes is renumbered 447.06 (2m) (b) and
11447.06 (2m) (b) (intro.), as renumbered, is amended to read:
AB367,13,1612
447.06
(2m) (b) (intro.)
A dental hygienist may practice dental hygiene or
13perform remediable procedures under par. (a) 1., 4., 6., 7. or 8. if a dentist who is
14licensed to practice dentistry under this chapter is not present in the facility in which
15those The practices or procedures
are under par. (a) may be performed
pursuant to
16a prescription only if all of the following conditions are met:
AB367, s. 22
17Section
22. 447.06 (2) (d) of the statutes is renumbered 447.06 (5).
AB367, s. 23
18Section
23
. 447.06 (2) (e) of the statutes is renumbered 447.06 (6).
AB367, s. 24
19Section
24
. 447.06 (2m) (title) of the statutes is created to read:
AB367,13,2120
447.06
(2m) (title)
Requirement for a dentist present or a prescription if a
21dentist is not present.
Note: Sections 19 to 24 restructure s. 447.06, stats. This bill restates from current
law the general requirement that a dental hygienist may practice only if a dentist is
present in the facility or a dentist has issued an oral or written prescription. Exceptions
to this general requirement are set forth in Sections 25 and 26 and are different than the
exceptions in current law.
AB367, s. 25
22Section
25
. 447.06 (3) of the statutes is created to read:
AB367,14,10
1447.06
(3) Practice circumstances without a dentist present and without a
2prescription; dental hygienist school. A dental hygienist may practice dental
3hygiene or perform remediable procedures at a school for the education of dental
4hygienists without a dentist present in the facility in which the practices or
5procedures are performed and without a written or oral prescription. A dental
6hygienist may apply sealants on a patient at a school for the education of dental
7hygienists without a diagnosis or treatment plan by a dentist if a dental hygienist
8has performed an oral risk assessment of the patient. A dental hygienist shall
9maintain a written record of the assessment and make appropriate referrals based
10on the assessment.
Note: This Section permits a dental hygienist to practice at a school for the
education of dental hygienists without a dentist present in the facility and without a
written or oral prescription. In addition, a dental hygienist may apply sealants on a
patient in this setting without a diagnosis or treatment plan by a dentist if a dental
hygienist has performed an oral risk assessment of the patient.
AB367, s. 26
11Section
26
. 447.06 (4) of the statutes is created to read:
AB367,14,1712
447.06
(4) Practice circumstances without a dentist present and without a
13prescription; additional education and experience. (a) A dental hygienist may
14perform any of the following practices without a dentist present in the facility in
15which the practices are performed and without a written or oral prescription if the
16requirements of pars. (am), (b), and (c) are met and if the dental hygienist first
17reviews the patient's medical history and performs an oral risk assessment:
AB367,14,2118
1. Conduct an oral screening and have a plan of what dental hygiene
19procedures will be performed on the patient. Oral screening that is performed solely
20for the purpose of data collection does not require an oral risk assessment and does
21not require certification under par. (c).
AB367,15,2
12. Apply dental sealants. Sealants may be applied under this subdivision
2without a diagnosis or treatment plan by a dentist.
AB367,15,33
3. Provide fluoride therapies.
AB367,15,44
4. Provide patient education services.
AB367,15,65
5. Expose radiographs if a dentist will be available to read and diagnose the
6radiographs.
AB367,15,127
6. Perform oral prophylaxis, if a dentist, nurse practitioner, physician or
8physician assistant has reviewed a current medical history for the patient and has
9indicated in writing that the patient may receive the service. The dental hygienist
10may use topical anesthesia under this subdivision only if the anesthesia has been
11prescribed by a dentist, nurse practitioner, physician, or physician assistant. Local
12anesthesia may not be administered by a dental hygienist under this subdivision.
AB367,15,2113
7. Remove supragingival or subgingival calcareous deposits, subgingival
14cement, or extrinsic stains from a natural or restored surface of a human tooth or a
15fixed replacement for a human tooth, perform debridement or deep scaling or root
16planing of teeth, if a dentist, nurse practitioner, physician, or physician assistant has
17reviewed a current medical history of the patient and has indicated in writing that
18the patient may receive the service for the patient. The dental hygienist may use
19topical anesthesia under this subdivision only if prescribed by a dentist, nurse
20practitioner, physician, or physician assistant. Local anesthesia may not be
21administered by a dental hygienist under this subdivision.
AB367,15,2422
(am) A dental hygienist shall maintain a written record of and oral risk
23assessment performed under par. (a) and make appropriate referrals based on the
24assessment.
AB367,15,2525
(b) The practices under par. (a) may be performed only as follows:
AB367,16,1
11. For a school board or a governing body of a private school.
AB367,16,32
2. For a facility, as defined in s. 50.01 (1m), a hospital, as defined in s. 50.33 (2),
3or a facility established to provide care for terminally ill patients.
AB367,16,44
3. For a local health department, as defined in s. 250.01 (4).
AB367,16,65
4. For a charitable institution open to the general public or to members of a
6religious sect or order.
AB367,16,77
5. For a nonprofit home health care agency.
AB367,16,98
6. For a nonprofit dental care program serving primarily indigent,
9economically disadvantaged, or migrant worker populations.
AB367,16,1510
(c) A dental hygienist may perform the practices under par. (a) only if certified
11by the examining board in dental hygiene practice circumstances without a dentist
12present and without a prescription. The examining board shall issue a certificate in
13dental hygiene practice circumstances without a dentist present and without a
14presciption to an individual who documents to the board that he or she has 2 years
15of experience as a dental hygienist and meets any of the following:
AB367,16,2016
1. Has submitted to the examining board proof of course completion issued by
17an accredited dental school or an accredited dental hygiene school in dental hygiene
18circumstances without a dentist present and without a prescription. This course
19may be offered in conjunction with a national or state dental or dental hygiene
20association.
AB367,16,2321
2. Has been certified in community dental health, public health, or public
22health education from an accredited dental school or an accredited dental hygiene
23program.
AB367,16,2524
3. Has worked for at least 1,000 hours in a public health or community health
25setting.
AB367,17,1
14. Has received a bachelor's degree from an accredited college or university.
Note: This Section creates an exception to the general rule that in order for a
dental hygienist to practice, there must be a dentist in the facility or the practice must
be pursuant to a written or oral prescription by a dentist. A dental hygienist who meets
specified education and experience requirements would be allowed to perform specified
procedures in the six practice settings or circumstances specified in this Section.
AB367, s. 27
2Section
27. 447.06 (5) (title) of the statutes is created to read:
AB367,17,33
447.06
(5) (title)
Prohibited practices.
Note: This Section creates a new subsection title to reflect a restructuring of s.
447.06, stats.
AB367, s. 28
4Section
28. 447.06 (6) (title), (d) and (e) of the statutes are created to read:
AB367,17,55
447.06
(6) (title)
Delegation by a dentist to a dental hygienist.
AB367,17,76
(d) Any dentistry practice not included in dental hygiene, except as provided
7in sub. (5), if all of the following conditions are met: