SB392: Bill Text

LRB-1534/1

MED:amn

2021 - 2022 LEGISLATURE

2021 Senate BILL 392

June 10, 2021 - Introduced by Senators Felzkowski, Ballweg, Bernier, Cowles, Feyen, Jacque, Nass, Ringhand, L. Taylor, Wirch and Darling, cosponsored by Representatives Plumer, Cabral-Guevara, Baldeh, Billings, Brooks, Doyle, Duchow, Gundrum, Kurtz, Loudenbeck, Moses, Murphy, Mursau, Neylon, Novak, Rozar, Shelton, Sortwell, Steffen, Subeck, Summerfield, Tauchen, Thiesfeldt, Tittl and VanderMeer. Referred to Committee on Insurance, Licensing and Forestry.

SB392,1,8 An Act to renumber and amend 447.05; to amend 440.08 (2) (a) (intro.), 447.04 (title), 447.07 (3) (intro.), 447.07 (3) (e), 447.07 (3) (f), 447.07 (3) (g), 447.07 (3) (h), 448.03 (2) (a), 448.21 (1) (a), 450.03 (1) (e) and 462.02 (2) (d); and to create 440.03 (13) (b) 28m., 447.035, 447.04 (3) and 447.05 (1) (b) of the statutes; relating to: certification of expanded function dental auxiliaries, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill establishes a certification program for expanded function dental auxiliaries administered by the Dentistry Examining Board. Under the bill, a person who is not licensed as a dentist or as a dental hygienist may perform the following activities, as delegated and supervised by a licensed dentist, if the person is certified by the examining board as an expanded function dental auxiliary: 1) placing and finishing restoration material after a dentist prepares a tooth for restoration; 2) applying sealants; 3) coronal polishing; 4) impressions; 5) temporizations; 6) packing cord; 7) removing cement from crowns; 8) adjusting dentures and other removable oral appliances; 9) removing sutures and dressings; 10) supragingival scaling; and 11) applying topical fluoride, fluoride varnish, or similar dental topical agent. The bill authorizes the examining board to promulgate rules for the certification and practice of expanded function dental auxiliaries, but prohibits the examining board from promulgating rules that allow an expanded function dental auxiliary to cut hard or soft tissue, diagnose, or plan treatments.

The examining board may grant a permanent certification as an expanded function dental auxiliary to an applicant who, among other things, has practiced as a dental assistant for a certain period, completes an accredited instructional program, and is proficient in cardiopulmonary resuscitation. Under the bill, the examining board investigates, holds hearings, and makes findings pertaining to violations of the bill and other statutes enforced by the examining board, and the examining board may impose on violators the same penalties that apply under current law to dentists and dental hygienists.

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:

SB392,1 Section 1. 440.03 (13) (b) 28m. of the statutes is created to read:

SB392,2,2 440.03 (13) (b) 28m. Expanded function dental auxiliary.

SB392,2 Section 2. 440.08 (2) (a) (intro.) of the statutes is amended to read:

SB392,2,7 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows:

SB392,3 Section 3. 447.035 of the statutes is created to read:

SB392,2,10 447.035 Certification; expanded function dental auxiliaries. (1) In this section, “auxiliary" means an expanded function dental auxiliary.

SB392,2,13 (2) Notwithstanding s. 447.03 (1) and (2), a certification to practice as an auxiliary granted under s. 447.04 (3) shall permit the holder to perform all of the following as delegated and supervised by a dentist:

SB392,3,2 (a) Placement and finishing of restoration material after the dentist prepares a tooth for restoration.

SB392,3,3 (b) Application of sealants.

SB392,3,4 (c) Coronal polishing.

SB392,3,5 (d) Impressions.

SB392,3,6 (e) Temporizations.

SB392,3,7 (f) Packing cord.

SB392,3,8 (g) Removal of cement from crowns.

SB392,3,9 (h) Adjustment of dentures and other removable oral appliances.

SB392,3,10 (i) Removal of sutures and dressings.

SB392,3,11 (j) Supragingival scaling.

SB392,3,13 (k) Application of topical fluoride, fluoride varnish, or similar dental topical agent.

SB392,3,15 (3) (a) The examining board shall, subject to pars. (b) and (c), promulgate rules for the certification and practice of auxiliaries.

SB392,3,16 (b) The rules promulgated under par. (a) shall do all of the following:

SB392,3,19 1. Require an applicant to the accredited instructional program described in subd. 2. to demonstrate in his or her application that the individual satisfies one of the following criteria in order to be permitted to enroll in the instructional program:

SB392,3,22 a. Has completed at least 1,000 hours practicing as a dental assistant and holds the certified dental assistant credential issued by the Dental Assisting National Board, Inc., or its successor.

SB392,3,24 b. Has completed at least 2,000 hours practicing as a dental assistant, as verified by the supervising licensed dentist.

SB392,4,4 2. 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 an accredited instructional program that provides training in practice as an auxiliary and requires no fewer than 70 hours of classroom instruction.

SB392,4,8 3. 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.

SB392,4,12 4. 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.

SB392,4,14 (c) The rules promulgated under par. (a) may not permit an auxiliary to perform any of the following:

SB392,4,15 1. Cutting of hard or soft tissue.

SB392,4,16 2. Diagnosis.

SB392,4,17 3. Treatment planning.

SB392,4 Section 4. 447.04 (title) of the statutes is amended to read:

SB392,4,19 447.04 (title) Licensure; certification.

SB392,5 Section 5. 447.04 (3) of the statutes is created to read:

SB392,4,23 447.04 (3) Expanded function dental auxiliaries. The examining board shall grant a certification to practice as an expanded function dental auxiliary to an individual who does all of the following:

SB392,4,24 (a) Pays the fee specified in s. 440.05 (1).

SB392,5,2 (b) Submits evidence satisfactory to the examining board that he or she has completed the accredited instructional program required under s. 447.035 (3) (b) 2.

SB392,5,7 (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.

SB392,6 Section 6. 447.05 of the statutes is renumbered 447.05 (1) (a) and amended to read:

SB392,5,13 447.05 (1) (a) Renewal Except as provided in par. (b), 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).

SB392,5,20 (2) 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.

SB392,6,2 (3) 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 examining board 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.