SB635: Bill Text

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:

SB635,1 Section 1. 440.03 (13) (b) 28m. of the statutes is created to read:

SB635,2,2 440.03 (13) (b) 28m. Expanded function dental auxiliary.

SB635,2 Section 2. 447.035 of the statutes is created to read:

SB635,2,5 447.035 Certification required; expanded function dental auxiliaries. (1) In this section, “auxiliary" means an expanded function dental auxiliary.

SB635,2,8 (2) Notwithstanding s. 447.03 (1) and (2), a certification to practice as an auxiliary shall permit the holder to perform all of the following as delegated and supervised by a dentist:

SB635,2,10 (a) Placement and finishing of restoration material, including the use of a high-speed handpiece, after a dentist has removed tooth decay.

SB635,2,11 (b) Application of sealants.

SB635,2,12 (c) Coronal polishing.

SB635,2,13 (d) Impressions.

SB635,2,14 (e) Temporizations.

SB635,2,15 (f) Packing cord.

SB635,2,16 (g) Removal of cement from crowns.

SB635,2,17 (h) Adjustment of dentures and other removable oral appliances.

SB635,2,18 (i) Removal of sutures and dressings.

SB635,3,2 (j) Application of topical fluoride, fluoride varnish, or similar dental topical agent.

SB635,3,4 (3) The examining board shall promulgate rules for the certification and practice of auxiliaries.

SB635,3,5 (4) The rules promulgated under sub. (3) shall do all of the following:

SB635,3,9 (a) Require an applicant to the instructional program described in par. (b) to demonstrate in his or her application that the individual satisfies one of the following criteria before the individual may be permitted to enroll in the instructional program:

SB635,3,12 1. The applicant has completed at least 1,000 hours practicing as a dental assistant and the applicant holds the certified dental assistant credential issued by the Dental Assisting National Board, Inc., or its successor.

SB635,3,14 2. The applicant has completed at least 2,000 hours practicing as a dental assistant, as verified by the supervising licensed dentist.

SB635,3,18 (b) Require an applicant for certification under s. 447.04 (3) to demonstrate to the satisfaction of the examining board that the applicant has successfully completed no fewer than 70 hours of classroom instruction in an instructional program that provides the training required to practice as an auxiliary.

SB635,3,22 (c) Require a dentist who delegates a procedure to an auxiliary certified under s. 447.04 (3) to remain on the premises where the auxiliary is performing the procedure until the procedure is complete and the dentist has verified that the procedure has been performed successfully.

SB635,4,2 (d) Require each auxiliary to maintain 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.

SB635,4,4 (5) The rules promulgated under sub. (3) may not permit an auxiliary to perform any of the following:

SB635,4,5 (a) Cutting of hard or soft tissue.

SB635,4,6 (b) Diagnosis.

SB635,4,7 (c) Treatment planning.

SB635,3 Section 3. 447.04 (title) of the statutes is amended to read:

SB635,4,9 447.04 (title) Licensure; certification.

SB635,4 Section 4. 447.04 (3) of the statutes is created to read:

SB635,4,13 447.04 (3) Expanded function dental auxiliary. The examining board shall grant a certification to practice as an expanded function dental auxiliary to an individual who does all of the following:

SB635,4,14 (a) Pays the fee specified in s. 440.05 (1).

SB635,4,16 (b) Submits evidence satisfactory to the examining board that he or she has completed the instructional program required under s. 447.035 (4) (b).

SB635,4,21 (c) 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.

SB635,5 Section 5. 447.07 (3) (intro.) of the statutes is amended to read:

SB635,5,10 447.07 (3) (intro.) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to any alleged action of any dentist or, dental hygienist, or expanded function dental auxiliaries, of a mobile dentistry program registrant, or of any other person it has reason to believe is engaged in or has engaged in the practice of dentistry or dental hygiene, or the operation of a mobile dentistry program, in this state, and may, on its own motion, or upon complaint in writing, reprimand any dentist or, dental hygienist, or expanded function dental auxiliary who is licensed or certified under this chapter, or any mobile dentistry program registrant, or deny, limit, suspend, or revoke his or her license or certificate, or the registration of the mobile dentistry program registrant, if it finds that the dentist, dental hygienist, expanded function dental auxiliary, or mobile dentistry program registrant has done any of the following:

SB635,6 Section 6. 447.07 (3) (e) of the statutes is amended to read:

SB635,5,15 447.07 (3) (e) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a crime, the circumstances of which substantially relate to the practice of dentistry or dental hygiene, the practice of an expanded function dental auxiliary, or the operation of a mobile dentistry program.

SB635,7 Section 7. 447.07 (3) (f) of the statutes is amended to read:

SB635,5,19 447.07 (3) (f) Violated this chapter or any federal or state statute or rule that relates to the practice of dentistry or, dental hygiene, or an expanded function dental auxiliary, or the operation of a mobile dentistry program.

SB635,8 Section 8. 447.07 (3) (g) of the statutes is amended to read:

SB635,5,23 447.07 (3) (g) Subject to ss. 111.321, 111.322 and 111.34, practiced dentistry or dental hygiene or as an expanded function dental auxiliary while his or her ability was impaired by alcohol or other drugs.

SB635,9 Section 9. 447.07 (3) (h) of the statutes is amended to read:

SB635,6,3 447.07 (3) (h) Engaged in conduct that indicates a lack of knowledge of, an inability to apply or the negligent application of, principles or skills of dentistry or dental hygiene or the practice of an expanded function dental auxiliary.

SB635,10 Section 10. 448.03 (2) (a) of the statutes is amended to read:

SB635,6,11 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to practice midwifery under subch. XIII of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene or as an expanded function dental auxiliary under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or under any other statutory provision, or as otherwise provided by statute.

SB635,11 Section 11. 448.21 (1) (a) of the statutes is amended to read:

SB635,6,14 448.21 (1) (a) The practice of dentistry or dental hygiene within the meaning of ch. 447 or the practice of an expanded function dental auxiliary under s. 447.035.

SB635,12 Section 12. 450.03 (1) (e) of the statutes is amended to read:

SB635,6,22 450.03 (1) (e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under s. 450.076, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice dentistry or dental hygiene or as an expanded function dental auxiliary under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449, or to practice veterinary medicine under ch. 89, or as otherwise provided by statute.

SB635,13 Section 13. 462.02 (2) (d) of the statutes is amended to read:

SB635,7,3 462.02 (2) (d) A dentist licensed under s. 447.04 (1), a dental hygienist licensed under s. 447.04 (2), a person certified as an expanded function dental auxiliary under s. 447.04 (3), or a person under the direct supervision of a dentist.

SB635,7,4 (End)