Oral Health Data Collection Plan
The bill requires the department of health and family services to prepare a plan
for development of a comprehensive oral health data collection system. The plan must
be submitted to the governor and the legislature by September 1, 2002.
Prior Authorization Report
The bill requires the department of health and family services to prepare a report
on its efforts to reduce the requirement for prior authorization for dental services under
medical assistance and to simplify the prior authorization process for those services. The
report must be submitted to the governor and the legislature by the first day of the sixth
month beginning after publication of the act.
Access to Services Report
The bill requires the department of health and family services and the department
of regulation and licensing jointly to prepare reports on whether the provisions of the bill
relating to a dental hygienist's scope of practice and delegation of dentistry practices have
improved access to dental services and dental hygiene services. The reports, which would
be submitted to the governor and the legislature, would be done two years and four years
after enactment of the bill.
SB167, s. 1
1Section
1. 15.157 (8) (intro.) and (g) of the statutes are amended to read:
SB167,5,72
15.157
(8) Rural health development council. (intro.) There is created in the
3department of commerce a rural health development council consisting of
11 13 4members nominated by the governor, and with the advice and consent of the senate
5appointed, for 5-year terms, and the secretaries of commerce and health and family
6services, or their designees. The appointed members shall include all of the
7following:
SB167,6,3
1(g) A physician licensed under ch. 448
and, a nurse licensed under ch. 441,
both 2a dentist licensed under ch. 447, and a dental hygienist licensed under ch. 447, all 3of whom practice in a rural area, and a representative of public health services.
Note: This Section adds a dentist and a dental hygienist to the rural health
development council. The council is advisory to the department of commerce, which
administers the current physician loan assistance program and the health care provider
loan assistance program. The first program is being expanded to include dentists and the
second program is being expanded to include dental hygienists.
SB167, s. 2
4Section
2. 20.143 (1) (jc) (title), (jm) (title), and (kr) (title) of the statutes are
5amended to read:
SB167,6,76
20.143
(1) (jc) (title)
Physician and dentist and health care provider loan
7assistance programs repayments; penalties.
SB167,6,88
(jm) (title)
Physician and dentist loan assistance program; local contributions.
SB167,6,109
(kr) (title)
Physician and dentist and health care provider loan assistance
10programs, repayments and contract.
Note: This Section modifies the name of the physician loan assistance program
to be the physician and dentist loan assistance program.
SB167, s. 3
11Section
3
. 46.03 (44) of the statutes is created to read:
SB167,6,1712
46.03
(44) Dental work force report. By January 1, 2003, and every 5 years
13thereafter, submit jointly with the dentistry examining board a report to the
14legislature in the manner provided under s. 13.172 (2) and to the governor on the
15ability of the dental work force to meet the oral health care needs of individuals in
16this state. The report shall include findings and any recommendations of the
17department and the examining board.
Note: Sections 3 and 9 require the department of health and family services and
the dentistry examining board to submit a periodic report on the ability of the dental work
force to meet the oral health care needs of individuals in Wisconsin. The first report is
due January 1, 2003, and subsequent reports would be due every five years thereafter.
SB167, s. 4
18Section
4. 447.01 (10) of the statutes is created to read:
SB167,7,3
1447.01
(10) "Oral risk assessment" means a review of the patient's caries
2experience, dental care utilization, use of preventive services, and medical history.
3"Oral risk assessment" does not include a dental diagnosis.
Note: This Section creates a definition of "oral risk assessment." The term is used
in provisions of the bill dealing with the scope of practice of dental hygienists.
SB167, s. 5
4Section
5. 447.01 (12) of the statutes is amended to read:
SB167,7,85
447.01
(12) "Remediable procedures" means patient procedures that create
6changes within the oral cavity or surrounding structures that are reversible
without
7professional intervention and do not involve any increased health risks to the
8patient.
Note: This Section modifies the current definition of "remediable procedures."
The bill specifies that the procedures must be reversible without professional
intervention.
SB167, s. 6
9Section
6
. 447.02 (1) (c) of the statutes is amended to read:
SB167,7,1110
447.02
(1) (c) Subject to ch. 553 and s.
447.06 (1) 447.055, governing dental
11franchising.
SB167, s. 7
12Section
7. 447.02 (2) (d) of the statutes is amended to read:
SB167,7,1513
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).
SB167, s. 8
16Section
8
. 447.02 (2) (e) of the statutes is amended to read:
SB167,7,1917
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.
SB167, s. 9
20Section
9
. 447.02 (3) of the statutes is created to read:
SB167,8,6
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.
SB167, s. 10
7Section
10
. 447.03 (2) (intro.), (a) and (b) of the statutes are renumbered
8447.03 (2) (a) (intro.), 1. and 2.
SB167, s. 11
9Section
11
. 447.03 (2) (b) of the statutes is created to read:
SB167,8,1210
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.
SB167, s. 12
13Section
12
. 447.03 (3) (g) of the statutes is amended to read:
SB167,8,1514
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.
SB167, s. 13
16Section
13. 447.04 (1) (a) 4. of the statutes is amended to read:
SB167,8,2017
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.
SB167, s. 14
1Section
14. 447.04 (1) (b) of the statutes is amended to read:
SB167,9,72
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.
SB167, s. 15
8Section
15
. 447.04 (1) (c) of the statutes is created to read:
SB167,9,139
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:
SB167,9,1514
a. The applicant has graduated from a school of dentistry accredited by the
15American Dental Association's commission on dental accreditation.
SB167,9,1916
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.
SB167,10,4
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.
SB167,10,75
d. The applicant has successfully completed a jurisprudence examination on
6the provisions of Wisconsin statutes and administrative rules relating to dentistry
7and dental hygiene.
SB167,10,98
e. The applicant possesses a current certificate of proficiency in
9cardiopulmonary resuscitation.
SB167,10,1210
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.
SB167,10,1613
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.
SB167,10,2017
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."
SB167, s. 16
21Section
16
. 447.04 (1) (d) of the statutes is created to read:
SB167,11,5
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:
SB167,11,66
a. The applicant is a faculty member at a school of dentistry in this state.
SB167,11,107
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.
SB167,11,1311
c. The applicant has successfully completed a jurisprudence examination on
12the provisions of Wisconsin statutes and administrative rules relating to dentistry
13and dental hygiene.
SB167,11,1514
d. The applicant possesses a current certificate of proficiency in
15cardiopulmonary resuscitation.
SB167,11,1816
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.
SB167,11,2219
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.
SB167,12,223
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.
SB167,12,43
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.
SB167, s. 17
5Section
17
. 447.06 (title) of the statutes is amended to read:
SB167,12,6
6447.06 (title)
Practice Dental hygienist practice limitations.
SB167, s. 18
7Section
18
. 447.06 (1) of the statutes is renumbered 447.055 and amended to
8read:
SB167,12,15
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.
SB167, 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:
SB167,12,2018
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:
SB167, s. 20
1Section
20. 447.06 (2) (b) of the statutes is renumbered 447.06 (2m) (a) and
2amended to read:
SB167,13,93
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).
SB167, 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:
SB167,13,1612
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:
SB167, s. 22
17Section
22. 447.06 (2) (d) of the statutes is renumbered 447.06 (5).
SB167, s. 23
18Section
23
. 447.06 (2) (e) of the statutes is renumbered 447.06 (6).
SB167, s. 24
19Section
24
. 447.06 (2m) (title) of the statutes is created to read:
SB167,13,2120
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.
SB167, s. 25
22Section
25
. 447.06 (3) of the statutes is created to read:
SB167,14,10
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.
SB167, s. 26
11Section
26
. 447.06 (4) of the statutes is created to read:
SB167,14,1712
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:
SB167,14,2118
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).