LRB-5338/1
MED:ahe
2017 - 2018 LEGISLATURE
February 12, 2018 - Introduced by Representatives Felzkowski, Swearingen,
Tittl, Quinn, VanderMeer, Tauchen, Mursau, Born, Stafsholt, Horlacher
and Hutton, cosponsored by Senators Craig and Kapenga. Referred to
Committee on Health.
AB945,2,2 1An Act to amend 36.61 (1) (b), 36.61 (3) (a), 36.61 (5) (b) 1., 36.61 (8) (c) 3., 146.81
2(1) (c), 146.89 (1) (r) 1., 146.89 (1) (r) 5., 146.89 (3) (b) 8., 146.89 (3m) (intro.),
3146.997 (1) (d) 3., 155.01 (7), 252.14 (1) (ar) 3., 257.01 (5) (a), 257.01 (5) (b),
4447.02 (1) (b), 447.02 (2) (a), 447.02 (3) (a) (intro.), 447.02 (3) (a) 2., 447.02 (3)
5(b), 447.02 (5), 447.03 (3) (c), 447.05, 447.06 (1), 447.06 (2) (a) 3., 447.06 (2) (b),
6447.06 (2) (c) (intro.), 447.06 (2) (c) 2. (intro.), 447.07 (1), 447.07 (3) (intro.),
7447.07 (3) (e) to (h), 447.40 (intro.), 447.40 (6), 448.03 (2) (a), 448.21 (1) (a),
8450.03 (1) (e), 450.10 (3) (a) 4., 462.02 (2) (d), 462.04, 463.10 (5), 463.12 (5),
9632.87 (4), 895.48 (1m) (a) (intro.), 895.48 (1m) (a) 2. and 941.315 (5); and to
10create
15.405 (6) (am), 36.61 (1) (ak), 440.03 (13) (b) 20m., 440.08 (2) (a) 25m.,
11447.01 (6g), 447.01 (6r), 447.02 (1) (g), 447.03 (1m), 447.03 (3) (am), 447.04 (1m),

1447.057, 447.06 (1m) and 447.06 (3) of the statutes; relating to: licensure of
2dental therapists and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill provides for the licensure of dental therapists, who are health care
practitioners who may engage in the limited practice of dentistry.
Under current law, dentists and dental hygienists are licensed by the Dentistry
Examining Board to practice dentistry and dental hygiene, respectively. This bill
provides for the licensure of a third type of dental practitioner, dental therapists.
Under the bill, the board must grant a dental therapist license to an individual who
satisfies certain criteria, including completion of a dental therapy program and
passage of required examinations.
Dental therapists may provide dental therapy services only under the general
supervision of a dentist with whom the dental therapist has a collaborative
management agreement that addresses various aspects of the dental therapist's
practice. Supervision by a dentist requires the dentist's prior knowledge and
consent, but does not require the presence of the dentist at the time a task or
procedure is being performed or prior examination or diagnosis of a patient by a
dentist prior to the provision of dental therapy services by a dental therapist. Dental
therapists are, subject to the terms of a collaborative management agreement,
limited to providing services, treatments, and procedures that are specified in the
bill, as well as additional services, treatments, or procedures specified by the board
by rule. Dental therapists must complete 12 hours of continuing education each
biennium.
The bill subjects dental therapists to, or covers dental therapists under, various
other laws, including the health care records law, the volunteer health care provider
program, the health care worker protection law, and the emergency volunteer health
care practitioner law. The bill also provides for loan forgiveness for dental therapists
under the health care provider loan assistance program.
Finally, the bill requires, effective when the first individual becomes licensed
as a dental therapist in this state, that two dental therapists be added to the board.
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:
AB945,1 3Section 1. 15.405 (6) (am) of the statutes is created to read:
AB945,2,44 15.405 (6) (am) Two dental therapists who are licensed under ch. 447.
AB945,2 5Section 2. 36.61 (1) (ak) of the statutes is created to read:
AB945,3,2
136.61 (1) (ak) “Dental therapist” means an individual licensed under s. 447.04
2(1m).
AB945,3 3Section 3. 36.61 (1) (b) of the statutes is amended to read:
AB945,3,54 36.61 (1) (b) “Health care provider" means a dental therapist, dental hygienist,
5physician assistant, nurse-midwife, or nurse practitioner.
AB945,4 6Section 4. 36.61 (3) (a) of the statutes is amended to read:
AB945,3,137 36.61 (3) (a) The board shall enter into a written agreement with the health
8care provider. In the agreement, the health care provider shall agree to practice at
9least 32 clinic hours per week for 3 years in one or more eligible practice areas in this
10state or in a rural area, except that a health care provider in the expanded loan
11assistance program under sub. (8) who is not a dental therapist or dental hygienist
12may only agree to practice at a public or private nonprofit entity in a health
13professional shortage area.
AB945,5 14Section 5. 36.61 (5) (b) 1. of the statutes is amended to read:
AB945,3,2015 36.61 (5) (b) 1. The degree to which there is an extremely high need for medical
16care in the eligible practice area, health professional shortage area, or rural area in
17which an eligible applicant who is not a dental therapist or dental hygienist desires
18to practice and the degree to which there is an extremely high need for dental care
19in the dental health shortage area or rural area in which an eligible applicant who
20is a dental therapist or dental hygienist desires to practice.
AB945,6 21Section 6. 36.61 (8) (c) 3. of the statutes is amended to read:
AB945,3,2522 36.61 (8) (c) 3. Practice at a public or private nonprofit entity in a health
23professional shortage area, if the health care provider is not a dental therapist or
24dental hygienist, or in a dental health shortage area, if the health care provider is
25a dental therapist or dental hygienist.
AB945,7
1Section 7. 146.81 (1) (c) of the statutes is amended to read:
AB945,4,22 146.81 (1) (c) A dentist or dental therapist licensed under ch. 447.
AB945,8 3Section 8. 146.89 (1) (r) 1. of the statutes is amended to read:
AB945,4,84 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist, dental
5therapist,
or dental hygienist under ch. 447, a registered nurse, practical nurse, or
6nurse-midwife under ch. 441, an optometrist under ch. 449, a physician assistant
7under ch. 448, a pharmacist under ch. 450, a chiropractor under ch. 446, a podiatrist
8under subch. IV of ch. 448, or a physical therapist under subch. III of ch. 448.
AB945,9 9Section 9. 146.89 (1) (r) 5. of the statutes is amended to read:
AB945,4,1510 146.89 (1) (r) 5. An individual who holds a valid, unexpired license,
11certification, or registration issued by another state or territory that authorizes or
12qualifies the individual to perform acts that are substantially the same as those acts
13that an individual who is described in subds. 1. to 4., except a dentist , dental
14therapist,
or dental hygienist, is licensed or certified to perform and who performs
15acts that are within the scope of that license, certification, or registration.
AB945,10 16Section 10. 146.89 (3) (b) 8. of the statutes is amended to read:
AB945,4,2117 146.89 (3) (b) 8. Dental services, including tooth extractions and other
18procedures done under local anesthesia only and any necessary suturing related to
19the extractions, performed by a dentist or dental therapist who is a volunteer health
20provider; and dental hygiene services, performed by a dental hygienist who is a
21volunteer health provider.
AB945,11 22Section 11. 146.89 (3m) (intro.) of the statutes is amended to read:
AB945,5,223 146.89 (3m) (intro.) A volunteer health care provider who is a dentist or dental
24therapist
may provide dental services or a volunteer health care provider who is a

1dental hygienist may provide dental hygiene services, to persons who are recipients
2of Medical Assistance, if all of the following apply:
AB945,12 3Section 12. 146.997 (1) (d) 3. of the statutes is amended to read:
AB945,5,44 146.997 (1) (d) 3. A dentist or dental therapist licensed under ch. 447.
AB945,13 5Section 13. 155.01 (7) of the statutes is amended to read:
AB945,5,156 155.01 (7) “Health care provider" means a nurse licensed or permitted under
7ch. 441, a chiropractor licensed under ch. 446, a dentist or dental therapist licensed
8under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical
9therapist, physical therapist assistant, occupational therapist, or occupational
10therapy assistant licensed under ch. 448, a person practicing Christian Science
11treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch.
12455, a partnership thereof, a corporation or limited liability company thereof that
13provides health care services, a cooperative health care association organized under
14s. 185.981 that directly provides services through salaried employees in its own
15facility, or a home health agency, as defined in s. 50.49 (1) (a).
AB945,14 16Section 14. 252.14 (1) (ar) 3. of the statutes is amended to read:
AB945,5,1717 252.14 (1) (ar) 3. A dentist or dental therapist licensed under ch. 447.
AB945,15 18Section 15. 257.01 (5) (a) of the statutes is amended to read:
AB945,5,2419 257.01 (5) (a) An individual who is licensed as a physician, a physician
20assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed
21practical nurse, or nurse-midwife under ch. 441, licensed as a dentist or dental
22therapist
under ch. 447, licensed as a pharmacist under ch. 450, licensed as a
23veterinarian or certified as a veterinary technician under ch. 89, or certified as a
24respiratory care practitioner under ch. 448.
AB945,16 25Section 16. 257.01 (5) (b) of the statutes is amended to read:
AB945,6,8
1257.01 (5) (b) An individual who was at any time within the previous 10 years,
2but is not currently, licensed as a physician, a physician assistant, or a podiatrist
3under ch. 448, licensed as a registered nurse, licensed practical nurse or
4nurse-midwife, under ch. 441, licensed as a dentist or dental therapist under ch. 447,
5licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a
6veterinary technician under ch. 89, or certified as a respiratory care practitioner
7under ch. 448, if the individual's license or certification was never revoked, limited,
8suspended, or denied renewal.
AB945,17 9Section 17. 440.03 (13) (b) 20m. of the statutes is created to read:
AB945,6,1010 440.03 (13) (b) 20m. Dental therapist.
AB945,18 11Section 18. 440.08 (2) (a) 25m. of the statutes is created to read:
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