CORRECTED COPY
LRBs0223/1
MPG:emw&amn
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 368
January 11, 2016 - Offered by Representative Steffen.
AB368-ASA1,1,7
1An Act to amend 15.405 (6) (c), 447.07 (1), 447.07 (3) (intro.), 447.07 (3) (b),
2447.07 (3) (e), 447.07 (3) (f), 447.07 (3) (m), 447.07 (5) and 447.07 (7);
to repeal
3and recreate 447.07 (1), 447.07 (3) (intro.), 447.07 (3) (e), 447.07 (3) (f), 447.07
4(3) (m) and 447.07 (7); and
to create 15.405 (6) (bm), 440.03 (13) (b) 20m.,
5440.08 (2) (a) 25m., 447.01 (5m), 447.02 (2m) and 447.059 of the statutes;
6relating to: regulation of dental practices and persons that own or operate
7dental practices and membership of the Dentistry Examining Board.
Analysis by the Legislative Reference Bureau
This substitute amendment prohibits a person from owning or operating a
dental practice in Wisconsin unless the dental practice is registered by the Dentistry
Examining Board. Under the substitute amendment, a person is considered to own
or operate a dental practice if 1) the person has an ownership interest in or controls
a business that offers dentistry or dental hygiene services and the person receives
direct or indirect consideration from the operation of the business or 2) the person
manages or controls a business that offers dentistry or dental hygiene services. The
bill adds one non-dentist member to the board who is an owner or operator of a dental
practice in Wisconsin and eliminates one public member of the board.
No registration is required under the substitute amendment for, among others,
a dental practice that is solely owned and operated by a licensed dentist or a mobile
dentistry program subject to separate regulation by the board. The substitute
amendment authorizes the board to take regulatory action with respect to owners or
operators of dental practices in addition to the registered dental practices
themselves.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB368-ASA1,1
1Section
1. 15.405 (6) (bm) of the statutes is created to read:
AB368-ASA1,2,42
15.405
(6) (bm) One individual who is an owner or operator of a dental practice
3in this state, within the meaning of s. 447.059 (1) (b), and who is not a dentist, as
4defined in s. 447.01 (7).
AB368-ASA1,2
5Section
2. 15.405 (6) (c) of the statutes is amended to read:
AB368-ASA1,2,66
15.405
(6) (c)
Two One public
members member.
AB368-ASA1,3
7Section
3. 440.03 (13) (b) 20m. of the statutes is created to read:
AB368-ASA1,2,88
440.03
(13) (b) 20m. Dental practice registrant.
AB368-ASA1,4
9Section
4. 440.08 (2) (a) 25m. of the statutes is created to read:
AB368-ASA1,2,1110
440.08
(2) (a) 25m. Dental practice registration: October 1 of each
11odd-numbered year.
AB368-ASA1,5
12Section
5. 447.01 (5m) of the statutes is created to read:
AB368-ASA1,2,1413
447.01
(5m) "Dental practice registrant" means a person registered under s.
14447.059.
AB368-ASA1,6
15Section
6. 447.02 (2m) of the statutes is created to read:
AB368-ASA1,2,1916
447.02
(2m) Any rule the examining board promulgates that regulates or
17directly impacts the business practices of a dental practice registrant shall apply
18uniformly to all dental practice registrants and dental practices exempt from
19registration under s. 447.059 (3) (a).
AB368-ASA1,7
1Section
7. 447.059 of the statutes is created to read:
AB368-ASA1,3,4
2447.059 Dental practice registration. (1) Registration required. (a) No
3person may own or operate a dental practice in this state unless the dental practice
4is registered under this section.
AB368-ASA1,3,75
(b) A person is considered to own or operate a dental practice or be an owner
6or operator of a dental practice for purposes of this chapter if any of the following
7apply:
AB368-ASA1,3,108
1. The person has an ownership interest in or controls a business that offers
9dentistry or dental hygiene services, and the person receives direct or indirect
10consideration from the operation of the business.
AB368-ASA1,3,1311
2. The person manages or controls a business that offers dentistry or dental
12hygiene services, including management or control of a business through which the
13person allows another person to offer dentistry or dental hygiene services.
AB368-ASA1,3,15
14(2) Registration. (a) The examining board may grant a registration under this
15section to a person who does all of the following:
AB368-ASA1,3,1916
1. Submits an application for registration to the department on a form provided
17by the department. The application shall include the person's name and tax
18identification number, the person's business address and telephone number, and any
19other information the department or the examining board requires.
AB368-ASA1,3,2020
2. Pays the fee specified in s. 440.05 (1).
AB368-ASA1,3,2421
(b) A dental practice registrant shall submit an application for renewal, and
22the applicable renewal fee determined by the department under s. 440.03 (9) (a), to
23the department on a form provided by the department on or before the applicable
24renewal date specified under s. 440.08 (2) (a).
AB368-ASA1,4,3
1(c) The examining board may not promulgate a rule that prohibits a person who
2is not a dentist from owning or operating a dental practice in this state consistent
3with this section.
AB368-ASA1,4,5
4(3) Exceptions to registration requirement. No registration is required under
5this section for any of the following:
AB368-ASA1,4,76
(a) A dental practice that is solely owned and operated by a dentist who is
7licensed under this chapter.
AB368-ASA1,4,88
(b) A mobile dentistry program.
AB368-ASA1,4,109
(c) A dental practice that is solely owned and operated by a hospital, a federally
10qualified health center, or an affiliate of a hospital or health care system.
AB368-ASA1,4,1211
(d) A dental practice that is solely owned and operated by an accredited
12institution of higher education.
AB368-ASA1,8
13Section
8. 447.07 (1) of the statutes is amended to read:
AB368-ASA1,4,1814
447.07
(1) The examining board may, without further notice or process, limit,
15suspend
, or revoke the license or certificate of any dentist or dental hygienist
, or the
16registration of a dental practice registrant, who fails, within 60 days after the
17mailing of written notice to the dentist's
or
, dental hygienist's
, or registrant's 18last-known address, to renew
his or her the license
or, certificate
, or registration.
AB368-ASA1,5,221
447.07
(1) The examining board may, without further notice or process, limit,
22suspend, or revoke the license or certificate of any dentist or dental hygienist, or the
23registration of a mobile dentistry program registrant or a dental practice registrant,
24who fails, within 60 days after the mailing of written notice to the dentist's, dental
1hygienist's, or registrant's last-known address, to renew the license, certificate, or
2registration.
AB368-ASA1,10
3Section
10. 447.07 (3) (intro.) of the statutes is amended to read:
AB368-ASA1,5,164
447.07
(3) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
5examining board may make investigations and conduct hearings in regard to any
6alleged action of any dentist or dental hygienist,
of a dental practice registrant or
7owner or operator of the dental practice registrant, or of any other person it has
8reason to believe is engaged in or has engaged in the practice of dentistry or dental
9hygiene
, or the ownership or operation of a dental practice, in this state, and may,
10on its own motion, or upon complaint in writing, reprimand any dentist or dental
11hygienist who is licensed or certified under this chapter
, or any dental practice
12registrant or owner or operator of the dental practice registrant, or deny, limit,
13suspend
, or revoke his or her license or certificate
, or the registration of the dental
14practice registrant, if it finds that the dentist
or, dental hygienist
, or dental practice
15registrant or owner or operator of the dental practice registrant has done any of the
16following:
AB368-ASA1,6,819
447.07
(3) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
20examining board may make investigations and conduct hearings in regard to any
21alleged action of any dentist or dental hygienist, of a mobile dentistry program
22registrant or a dental practice registrant or owner or operator of the dental practice
23registrant, or of any other person it has reason to believe is engaged in or has engaged
24in the practice of dentistry or dental hygiene, or the ownership or operation of a
25mobile dentistry program or a dental practice, in this state, and may, on its own
1motion, or upon complaint in writing, reprimand any dentist or dental hygienist who
2is licensed or certified under this chapter, or any mobile dentistry program registrant
3or dental practice registrant or owner or operator of the dental practice registrant,
4or deny, limit, suspend, or revoke his or her license or certificate, or the registration
5of the mobile dentistry program registrant or dental practice registrant, if it finds
6that the dentist, dental hygienist, mobile dentistry program registrant, or dental
7practice registrant or owner or operator of the dental practice registrant has done
8any of the following:
AB368-ASA1,12
9Section
12. 447.07 (3) (b) of the statutes is amended to read:
AB368-ASA1,6,1310
447.07
(3) (b) Made any false statement or given any false information in
11connection with an application for a license
or
, certificate
, or registration or for
12renewal or reinstatement of a license
or, certificate
, or registration, or received a
13license
or, certificate
, or registration through error.
AB368-ASA1,13
14Section
13. 447.07 (3) (e) of the statutes is amended to read:
AB368-ASA1,6,1715
447.07
(3) (e) Subject to ss. 111.321, 111.322
, and 111.335, been convicted of a
16crime, the circumstances of which substantially relate to the practice of dentistry or
17dental hygiene
or the ownership or operation of a dental practice.
AB368-ASA1,6,2320
447.07
(3) (e) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a
21crime, the circumstances of which substantially relate to the practice of dentistry or
22dental hygiene, the operation of a mobile dentistry program, or the ownership or
23operation of a dental practice.
AB368-ASA1,15
24Section
15. 447.07 (3) (f) of the statutes is amended to read: