AB945: Bill Text

AB945,27 Section 27. 447.02 (5) of the statutes, as created by 2017 Wisconsin Act 116, is amended to read:

AB945,8,2 447.02 (5) Except as provided in ss. 447.058 and 447.063, nothing in this chapter may be construed as authorizing the examining board to regulate business or administrative support functions or services, that do not constitute the practice of dentistry, dental therapy, or dental hygiene, provided to a business that provides dental or dental hygiene services.

AB945,28 Section 28. 447.03 (1m) of the statutes is created to read:

AB945,8,6 447.03 (1m) Dental therapists. Except as provided under sub. (3) and s. 447.02 (3), no person may do any of the following unless he or she is licensed to practice dental therapy under this chapter:

AB945,8,7 (a) Practice or offer to practice dental therapy.

AB945,8,10 (b) Represent himself or herself to the public as a dental therapist or use, in connection with his or her name, any title or description that may convey the impression that he or she is a dental therapist.

AB945,29 Section 29 . 447.03 (3) (am) of the statutes is created to read:

AB945,8,15 447.03 (3) (am) A dental therapy student who practices dental therapy under the supervision of a dentist in an infirmary, clinic, hospital or other institution connected or associated for training purposes with an accredited dental therapy school.

AB945,30 Section 30 . 447.03 (3) (c) of the statutes is amended to read:

AB945,8,22 447.03 (3) (c) An individual licensed to practice dentistry, dental therapy, or dental hygiene in another state or country who practices dentistry , dental therapy, or dental hygiene in a program of dental education or research at the invitation of a group of dentists or practices dentistry, dental therapy, or dental hygiene under the jurisdiction of the army, navy, air force, U.S. public health service , or veterans bureau.

AB945,31 Section 31. 447.04 (1m) of the statutes is created to read:

AB945,8,25 447.04 (1m) Dental therapists. (a) The examining board shall grant a license to practice dental therapy to an individual who does all of the following:

AB945,9,2 1. Submits an application for the license to the department on a form provided by the department.

AB945,9,3 2. Pays the fee specified in s. 440.05 (1).

AB945,9,5 3. Submits evidence satisfactory to the examining board that he or she has done one of the following:

AB945,9,6 a. Graduated from an accredited dental therapy school.

AB945,9,12 b. Completed a dental therapy program administered by an accredited dental or dental hygiene school, if the school certifies to the examining board that the applicant's education substantially conformed to the education standards established by the Commission on Dental Accreditation. This subd. 3. b. applies only with respect to an applicant who submits an application for a dental therapy license before January 1, 2023.

AB945,9,19 4. Submits evidence satisfactory to the examining board that he or she has passed a national board dental therapy examination and a dental therapy clinical examination administered by a regional testing service approved by the examining board. If a national board examination or a regional testing service examination for dental therapy does not exist, the examining board shall accept evidence of passing an alternative examination administered by another entity or testing service that is approved by the examining board.

AB945,9,21 5. Passes an examination administered by the examining board on the statutes and rules relating to dental therapy.

AB945,9,24 5m. Submits evidence satisfactory to the examining board that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

AB945,10,4 6. Completes any other requirements established by the examining board by rule.

AB945,10,8 (b) The examining board may grant a license to practice dental therapy to an individual who is licensed in good standing to practice dental therapy in another state or territory of the United States or in another country if the applicant complies with all of the following requirements:

AB945,10,10 1. Meets the requirements for licensure established by the examining board by rule.

AB945,10,17 2. Submits evidence satisfactory to the examining board that the person has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education qualified to provide such instruction. The examining board shall consult with the department of health services to determine whether an individual, organization, or institution of higher education is qualified to provide instruction under this subdivision.

AB945,10,19 3. Presents the license to the examining board and pays the fee specified under s. 440.05 (2).

AB945,32 Section 32. 447.05 of the statutes is amended to read:

AB945,11,18 447.05 Expiration and renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a). The examining board may not renew a license to practice dentistry unless the applicant for renewal attests that he or she has complied with s. 447.056, that he or she has current proficiency in cardiopulmonary resuscitation, including and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. The examining board may not renew a license to practice dental therapy unless the applicant for renewal attests that he or she has complied with s. 447.057, that he or she has current proficiency in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. The examining board may not renew a license to practice dental hygiene unless the applicant for renewal attests that he or she has complied with s. 447.055 and any rules promulgated by the department under s. 447.055, that he or she has a current certification in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

AB945,33 Section 33 . 447.057 of the statutes is created to read:

AB945,12,3 447.057 Continuing education; dental therapists. (1) (a) Except as provided in subs. (3) and (4), a person is not eligible for renewal of a license to practice dental therapy, other than a permit issued under s. 447.02 (3), unless the person has taught, prepared, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), 12 credit hours of continuing education relating to the clinical practice of dental therapy that is sponsored or recognized by a local, state, regional, national, or international dental, dental therapy, dental hygiene, dental assisting, or medical-related professional organization.

AB945,12,5 (b) Continuing education required under par. (a) may include training in all of the following:

AB945,12,7 1. Basic life support or cardiopulmonary resuscitation. Not more than 2 of the credit hours required under par. (a) may be satisfied by such training.

AB945,12,9 2. Infection control. Not less than 2 of the credit hours required under par. (a) must be satisfied by such training.

AB945,12,12 (d) After consultation with the examining board and with the department of health services, the department may promulgate rules requiring that continuing education credit hours under par. (a) include courses in specific clinical subjects.

AB945,12,14 (2) The credit hours required under sub. (1) (a) may be satisfied by independent study, correspondence, or Internet programs or courses.

AB945,12,17 (3) Subsection (1) (a) does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.

AB945,12,21 (4) A person may substitute credit hours of college level courses related to the practice of dental therapy for the credit hours required under sub. (1) (a). For purposes of this subsection, one credit hour of a college level course is equivalent to 6 credit hours of continuing education.

AB945,12,25 (5) For purposes of sub. (1) (a), one hour of teaching or preparing a continuing education program is equivalent to one credit hour of continuing education, but a person who teaches or prepares a continuing education program may obtain credit for the program only once.

AB945,13,3 (6) The examining board may require applicants for renewal of a license to practice dental therapy to submit proof of compliance with the requirements of this section.

AB945,34 Section 34 . 447.06 (1) of the statutes is amended to read:

AB945,13,11 447.06 (1) No contract of employment entered into between a dentist or dental therapist and any other party under which the dentist or dental therapist renders dental services may require the dentist or dental therapist to act in a manner which that violates the professional standards for dentistry or dental therapy set forth in this chapter. Nothing in this subsection limits the ability of the other party to control the operation of the dental practice in a manner in accordance with the professional standards for dentistry or dental therapy set forth in this chapter.

AB945,35 Section 35 . 447.06 (1m) of the statutes is created to read:

AB945,13,16 447.06 (1m) No contract of employment entered into between a dental therapist and any other party under which the dental therapist is employed to practice dental therapy may require a dental therapist to meet a minimum quota for the number of patients seen or the number of procedures performed.

AB945,36 Section 36 . 447.06 (2) (a) 3. of the statutes is amended to read:

AB945,13,19 447.06 (2) (a) 3. For a school for the education of dentists, dental therapists, or dental hygienists.

AB945,37 Section 37 . 447.06 (2) (b) of the statutes, as affected by 2017 Wisconsin Act 20, is amended to read:

AB945,14,2 447.06 (2) (b) A dental hygienist may practice dental hygiene or perform remediable procedures under par. (a) 1. only as authorized by a dentist or dental therapist who is licensed to practice dentistry or dental therapy under this chapter and who is present in the facility in which those practices or procedures are performed, except as provided in par. (c).

AB945,38 Section 38 . 447.06 (2) (c) (intro.) of the statutes, as affected by 2017 Wisconsin Act 20, is amended to read:

AB945,14,9 447.06 (2) (c) (intro.) A dental hygienist may practice dental hygiene or perform remediable procedures under par. (a) 1. if a dentist or dental therapist who is licensed to practice dentistry or dental therapy under this chapter is not present in the facility in which those practices or procedures are performed only if all of the following conditions are met:

AB945,39 Section 39 . 447.06 (2) (c) 2. (intro.) of the statutes is amended to read:

AB945,14,13 447.06 (2) (c) 2. (intro.) The dentist or dental therapist who made the written or oral prescription has examined the patient at least once during the 12-month period immediately preceding:

AB945,40 Section 40. 447.06 (3) of the statutes is created to read:

AB945,14,15 447.06 (3) (a) In this subsection:

AB945,14,16 1. “Collaborative management agreement” means an agreement under par. (d).

AB945,14,18 2. “Qualifying dentist” means a dentist who is licensed in this state and who is actively practicing in this state.

AB945,14,21 (b) The scope of practice of a dental therapist shall, subject to the terms of a collaborative management agreement, be limited to providing the following services, treatments, and procedures:

AB945,14,23 1. Oral evaluation and assessment of dental disease and formulation of an individualized treatment plan.

AB945,14,24 2. Evaluating radiographs.

AB945,15,2 3. Identifying oral and systemic conditions requiring evaluation or treatment by dentists, physicians, or other health care providers and managing referrals.

AB945,15,3 4. Comprehensive charting of the oral cavity.

AB945,15,5 5. Oral health instruction and disease prevention education, including nutritional counseling and dietary analysis.

AB945,15,6 6. Exposing radiographic images.

AB945,15,7 7. Dental prophylaxis, including subgingival scaling and polishing procedures.

AB945,15,10 8. Dispensing and administering via the oral or topical route nonnarcotic analgesic, anti-inflammatory, and antibiotic medications as prescribed by a licensed health care provider.

AB945,15,12 9. Applying topical preventive or prophylactic agents, including fluoride varnish, antimicrobial agents, and pit and fissure sealants.

AB945,15,13 10. Pulp vitality testing.

AB945,15,14 11. Applying desensitizing medication or resin.

AB945,15,15 12. Fabricating athletic mouth guards.

AB945,15,16 13. Changing periodontal dressings.

AB945,15,17 14. Administering local anesthetic.

AB945,15,18 15. Pulpotomies on primary teeth.

AB945,15,19 16. Simple extraction of erupted primary teeth.

AB945,15,24 17. Nonsurgical extractions of periodontally diseased permanent teeth with tooth mobility of +3 to +4 under general supervision if authorized in advance by the supervising dentist, except that “dental therapy” does not include the extraction of a tooth that is unerupted, impacted, or fractured or that needs to be sectioned for removal.

AB945,16,2 18. Emergency palliative treatment of dental pain limited to the procedures in this paragraph.

AB945,16,4 19. Preparation and placement of direct restoration in primary and permanent teeth.

AB945,16,5 20. Fabrication and placement of single-tooth temporary crowns.

AB945,16,6 21. Preparation and placement of preformed crowns on primary teeth.

AB945,16,7 22. Indirect and direct pulp capping on permanent teeth.

AB945,16,8 23. Indirect pulp capping on primary teeth.

AB945,16,9 24. Suture removal.

AB945,16,10 25. Minor adjustments and repairs on removable prostheses.

AB945,16,11 26. Placement and removal of space maintainers.

AB945,16,13 27. Any additional services, treatments, or procedures specified in the rules promulgated under s. 447.02 (1) (g).

AB945,16,23 (c) 1. A dental therapist licensed under this chapter may provide dental therapy services only under the general supervision of a qualifying dentist with which the dental therapist has entered into a collaborative management agreement. For purposes of this subdivision, general supervision of a dental therapist by a dentist requires that a task or procedure be performed by a dental therapist with the prior knowledge and consent of the dentist, but does not require the presence of the dentist in the office or on the premises at the time a task or procedure is being performed by the dental therapist and does not require prior examination or diagnosis of a patient by the dentist before the dental therapist provides dental therapy services to the patient.

AB945,17,4 2. A supervising dentist shall accept responsibility for all services performed by a dental therapist pursuant to a collaborative management agreement and for providing or arranging for services to be provided by a dentist or other qualified health care professional when services needed by a patient are beyond the dental therapist's scope of practice and authorization under the collaborative management agreement.

AB945,17,8 (d) 1. Prior to providing any dental therapy services, a dental therapist shall enter into a written collaborative management agreement with a qualifying dentist who will serve as a supervising dentist under par. (c). The agreement must be signed by the dental therapist and the qualifying dentist and address all of the following:

AB945,17,10 a. The practice settings where services may be provided and the patient populations that may be served.

AB945,17,13 b. Any conditions or limitations on the services that may be provided by the dental therapist, the level of supervision required, and any circumstances requiring consultation prior to performing services.

AB945,17,14 c. Age-specific and procedure-specific practice protocols.

AB945,17,15 d. Dental record-keeping procedures.