2021 - 2022 LEGISLATURE
March 4, 2021 - Introduced by Representatives Brooks, Milroy, Moses, Mursau,
Schraa, Sinicki, Skowronski and Dittrich, cosponsored by Senators Bernier,
Wanggaard, Cowles, Feyen, Kooyenga and Ringhand. Referred to
Committee on Health.
1An Act to create
447.01 (1e), 447.01 (8) (az), 447.01 (11) and 447.059 of the 2
statutes; relating to: dentists administering certain vaccines.
Analysis by the Legislative Reference Bureau
This bill authorizes dentists to administer COVID-19 and flu vaccines. Under
current law, generally, vaccines may be administered only by physicians, physician
assistants, nurses, pharmacists, and certain pharmacy students.
To administer COVID-19 and flu vaccines under the bill, a dentist must
complete 12 hours of training on vaccine storage, protocols, administration
technique, emergency procedures, and record keeping and must have in effect
liability insurance meeting certain requirements. A dentist may not administer a
COVID-19 or flu vaccine to a child under the age of six unless the vaccine is
administered pursuant to a prescription order and the dentist completes training
that includes administering vaccines to children under the age of six. The bill also
requires a dentist who administers a COVID-19 or flu vaccine to update the
Wisconsin Immunization Registry established by the Department of Health Services
within seven days of administering the vaccine.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
447.01 (1e) of the statutes is created to read:
“Administer” means to directly apply a vaccine to the body of a 2
patient by any means.
447.01 (8) (az) of the statutes is created to read:
(az) “Dentistry” includes administering vaccines against 5
SARS-CoV-2 coronavirus and influenza under s. 447.059 (1).
447.01 (11) of the statutes is created to read:
“Prescription order” has the meaning given in s. 450.01 (21).
447.059 of the statutes is created to read:
9447.059 Administering certain vaccines. (1)
A dentist may administer 10
without a prescription order a vaccine against SARS-CoV-2 coronavirus or 11
influenza only if he or she satisfies all of the following:
(a) The dentist successfully completes 12 hours in a course of study and 13
training approved by the examining board in vaccination storage, protocols, 14
administration technique, emergency procedures, and record keeping.
(b) The dentist has in effect liability insurance that covers the dentist against 16
loss, expense, and liability resulting from errors, omissions, or neglect in the 17
administration of vaccines against SARS-CoV-2 coronavirus and influenza in an 18
amount that is not less than $1,000,000 for each occurrence and $2,000,000 for all 19
occurrences in any one policy year.
(c) The dentist maintains proof of completing a course of study and training 21
specified in par. (a) and satisfying the requirement specified in par. (b).
A dentist may not administer a vaccine under sub. (1) to a child who is under 23
the age of 6 unless all of the following apply:
(a) The vaccine is administered pursuant to a prescription order issued within 25
the 29 days immediately preceding the day on which the vaccine is administered.
(b) The dentist successfully completes a course of instruction approved by the 2
examining board that includes the administration of vaccines against SARS-CoV-2 3
coronavirus and influenza to children under the age of 6.
(c) The dentist maintains proof of completing a course of instruction specified 5
in par. (b).
Upon request, a dentist shall provide copies of proof required under subs. 7
(1) (c) and (2) (c) to the department or the examining board.
A dentist who administers a vaccine under sub. (1) shall update the 9
Wisconsin Immunization Registry established by the department of health services 10
within 7 days of administering the vaccine.