SB692: Bill Text

SB692,14,14 447.07 (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, dental hygienist, or expanded function dental auxiliary, 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, dental hygienist, or expanded function dental auxiliary who is licensed or certified under this chapter subchapter or who holds a compact privilege, or any mobile dentistry program registrant, or deny, limit, suspend, or revoke his or her license or, certificate, or compact privilege, 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:

SB692,45 Section 45. 447.07 (3) (f) of the statutes is amended to read:

SB692,14,18 447.07 (3) (f) Violated this chapter subchapter or any federal or state statute or rule that relates to the practice of dentistry, dental hygiene, or an expanded function dental auxiliary, or the operation of a mobile dentistry program.

SB692,46 Section 46. 447.07 (3) (j) of the statutes is amended to read:

SB692,14,22 447.07 (3) (j) Employed, directly or indirectly, any unlicensed or uncertified person to perform any act requiring licensure or certification under this chapter subchapter.

SB692,47 Section 47. 447.09 of the statutes is amended to read:

SB692,15,2 447.09 Penalties. Any person who violates this chapter subchapter may be fined not more than $1,000 or imprisoned for not more than one year in the county jail or both for the first offense and is guilty of a Class I felony for the 2nd or subsequent conviction within 5 years.

SB692,48 Section 48. 447.10 of the statutes is amended to read:

SB692,15,13 447.10 Injunction. If it appears upon the complaint of any person to the examining board, or it is believed by the examining board that any person is violating this chapter subchapter, the examining board, or the district attorney of the proper county, may investigate such alleged violation, and may, in addition to or in lieu of any other remedies provided by law, bring action in the name and on behalf of the state against any such person to enjoin such violation. Between meetings of the examining board, its president and secretary, acting in its behalf, are empowered jointly to make such an investigation, and on the basis thereof to seek such relief. Investigations conducted by the examining board, or by its president and secretary, shall be conducted according to rules promulgated under s. 440.03 (1).

SB692,49 Section 49. 447.12 (1) of the statutes is amended to read:

SB692,15,24 447.12 (1) The dentists of any county who are licensed to practice dentistry under this chapter subchapter, provided there are at least 5 in the county, may organize a county dental society as a component of the Wisconsin Dental Association. When so organized it shall be a body corporate, and shall be designated as the dental society of the county, and shall have the general powers of a corporation and may take by purchase or gift and hold real and personal property. County dental societies now existing are continued with the powers and privileges conferred by this chapter subchapter. A county or district dental society that was in existence but unincorporated on September 29, 1963, is not required to incorporate unless that is the express wish of the majority of its members.

SB692,50 Section 50. Subchapter II of chapter 447 [precedes 447.50] of the statutes is created to read:

SB692,16,3 chapter 447

SB692,16,4 Subchapter II

SB692,16,6 Dentist and Dental Hygienist Compact

SB692,16,18 447.50 Dentist and dental hygienist compact. (1) Title and purpose. This statute shall be known and cited as the dentist and dental hygienist compact. The purposes of this compact are to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dentistry and dental hygiene services by providing dentists and dental hygienists licensed in a participating state the ability to practice in participating states in which they are not licensed. The compact does this by establishing a pathway for a dentists and dental hygienists licensed in a participating state to obtain a compact privilege that authorizes them to practice in another participating state in which they are not licensed. The compact enables participating states to protect the public health and safety with respect to the practice of such dentists and dental hygienists, through the state's authority to regulate the practice of dentistry and dental hygiene in the state. The compact:

SB692,16,22 (a) Enables dentists and dental hygienists who qualify for a compact privilege to practice in other participating states without satisfying burdensome and duplicative requirements associated with securing a license to practice in those States;

SB692,16,24 (b) Promotes mobility and addresses workforce shortages through each participating state's acceptance of a compact privilege to practice in that state;

SB692,17,3 (c) Increases public access to qualified, licensed dentists and dental hygienists by creating a responsible, streamlined pathway for licensees to practice in participating states.

SB692,17,5 (d) Enhances the ability of participating states to protect the public's health and safety;

SB692,17,7 (e) Does not interfere with licensure requirements established by a participating state;

SB692,17,9 (f) Facilitates the sharing of licensure and disciplinary information among participating states;

SB692,17,12 (g) Requires dentists and dental hygienists who practice in a participating state pursuant to a compact privilege to practice within the scope of practice authorized in that state;

SB692,17,15 (h) Extends the authority of a participating state to regulate the practice of dentistry and dental hygiene within its borders to dentists and dental hygienists who practice in the state through a compact privilege;

SB692,17,17 (i) Promotes the cooperation of participating state in regulating the practice of dentistry and dental hygiene within those states;

SB692,17,19 (j) Facilitates the relocation of military members and their spouses who are licensed to practice dentistry or dental hygiene;

SB692,17,21 (2) Definitions. As used in this compact, unless the context requires otherwise, the following definitions shall apply:

SB692,17,24 (a) “Active military member” means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve.

SB692,18,2 (b) “Adverse action” means disciplinary action or encumbrance imposed on a license or compact privilege by a state licensing authority.

SB692,18,7 (c) “Alternative program” means a nondisciplinary monitoring or practice remediation process applicable to a dentist or dental hygienist approved by a state licensing authority of a participating state in which the dentist or dental hygienist is licensed. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues are referred in lieu of adverse action.

SB692,18,10 (d) “Clinical assessment” means examination or process, required for licensure as a dentist or dental hygienist as applicable, that provides evidence of clinical competence in dentistry or dental hygiene.

SB692,18,12 (e) “Commissioner” means the individual appointed by a participating state to serve as the member of the commission for that participating state.

SB692,18,13 (f) “Compact” means this dentist and dental hygienist compact.

SB692,18,16 (g) “Compact privilege” means the authorization granted by a remote state to allow a licensee from a participating state to practice as a dentist or dental hygienist in a remote state.

SB692,18,19 (h) “Continuing professional development” means a requirement, as a condition of license renewal to provide evidence of successful participation in educational or professional activities relevant to practice or area of work.

SB692,18,24 (i) “Criminal background check” means the submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 CFR 20.3 (d) from the federal bureau of investigation and the state's criminal history record repository as defined in 28 CFR. 20.3 (f).

SB692,19,3 (j) “Data system” means the commission's repository of information about licensees, including but not limited to examination, licensure, investigative, compact privilege, adverse action, and alternative program.

SB692,19,5 (k) “Dental hygienist” means an individual who is licensed by a state licensing authority to practice dental hygiene.

SB692,19,7 (L) “Dentist” means an individual who is licensed by a state licensing authority to practice dentistry.

SB692,19,11 (m) “Dentist and dental hygienist compact commission” or “commission” means a joint government agency established by this compact comprised of each state that has enacted the compact and a national administrative body comprised of a commissioner from each state that has enacted the compact.

SB692,19,13 (n) “Encumbered license” means a license that a state licensing authority has limited in any way other than through an alternative program.

SB692,19,15 (o) “Executive board” means the chair, vice chair, secretary and treasurer and any other commissioners as may be determined by commission rule or bylaw.

SB692,19,18 (p) “Jurisprudence requirement” means the assessment of an individual's knowledge of the laws and rules governing the practice of dentistry or dental hygiene, as applicable, in a state.

SB692,19,21 (q) “License” means current authorization by a state, other than authorization pursuant to a compact privilege, or other privilege, for an individual to practice as a dentist or dental hygienist in that state.

SB692,19,23 (r) “Licensee” means an individual who holds an unrestricted license from a participating state to practice as a dentist or dental hygienist in that state.

SB692,20,3 (s) “Model compact” the model for the dentist and dental hygienist compact on file with the council of state governments or other entity as designated by the commission.

SB692,20,6 (t) “Participating state” means a state that has enacted the compact and been admitted to the commission in accordance with the provisions herein and commission rules.

SB692,20,8 (u) “Qualifying license” means a license that is not an encumbered license issued by a participating state to practice dentistry or dental hygiene.

SB692,20,11 (v) “Remote state” means a participating state where a licensee who is not licensed as a dentist or dental hygienist is exercising or seeking to exercise the compact privilege.

SB692,20,13 (w) “Rule” means a regulation promulgated by an entity that has the force of law.

SB692,20,20 (x) “Scope of practice” means the procedures, actions, and processes a dentist or dental hygienist licensed in a state is permitted to undertake in that state and the circumstances under which the licensee is permitted to undertake those procedures, actions and processes. Such procedures, actions and processes and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law, and other processes available to the state licensing authority or other government agency.

SB692,21,2 (y) “Significant investigative information” means information, records, and documents received or generated by a state licensing authority pursuant to an investigation for which a determination has been made that there is probable cause to believe that the licensee has violated a statute or regulation that is considered more than a minor infraction for which the state licensing authority could pursue adverse action against the licensee.

SB692,21,4 (z) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practices of dentistry and dental hygiene.

SB692,21,6 (za) “State licensing authority” means an agency or other entity of a state that is responsible for the licensing and regulation of dentists or dental hygienists.

SB692,21,8 (3) State participation in the compact. (a) In order to join the Compact and thereafter continue as a participating state, a state must:

SB692,21,10 1. Enact a compact that is not materially different from the model compact as determined in accordance with commission rules;

SB692,21,11 2. Participate fully in the commission's data system;

SB692,21,13 3. Have a mechanism in place for receiving and investigating complaints about its licensees and license applicants;

SB692,21,16 4. Notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of significant investigative information regarding a licensee and license applicant;

SB692,21,19 5. Fully implement a criminal background check requirement, within a time frame established by commission rule, by receiving the results of a qualifying criminal background check;

SB692,21,20 6. Comply with the commission rules applicable to a participating state;

SB692,21,23 7. Accept the national board examinations of the Joint Commission on National Dental Examinations or another examination accepted by commission rule as a licensure examination;

SB692,22,4 8. Accept for licensure that applicants for a dentist license graduate from a predoctoral dental education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs, leading to the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree;

SB692,22,9 9. Accept for licensure that applicants for a dental hygienist license graduate from a dental hygiene education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs;

SB692,22,11 10. Require for licensure that applicants successfully complete a clinical assessment;

SB692,22,13 11. Have continuing professional development requirements as a condition for license renewal; and

SB692,22,15 12. Pay a participation fee to the commission as established by commission rule.

SB692,22,17 (b) Providing alternative pathways for an individual to obtain an unrestricted license does not disqualify a state from participating in the compact.

SB692,22,19 (c) When conducting a criminal background check the state licensing authority shall:

SB692,22,20 1. Consider that information in making a licensure decision;

SB692,22,22 2. Maintain documentation of completion of the criminal background check and background check information to the extent allowed by state and federal law; and

SB692,22,24 3. Report to the commission whether it has completed the criminal background check and whether the individual was granted or denied a license.

SB692,23,6 (d) A licensee of a participating state who has a qualifying license in that state and does not hold an encumbered license in any other participating state, shall be issued a compact privilege in a remote state in accordance with the terms of the compact and commission rules. If a remote state has a jurisprudence requirement a compact privilege will not be issued to the licensee unless the licensee has satisfied the jurisprudence requirement.

SB692,23,8 (4) Compact privilege. (a) To obtain and exercise the compact privilege under the terms and provisions of the compact, the licensee shall:

SB692,23,10 1. Have a qualifying license as a dentist or dental hygienist in a participating state;

SB692,23,12 2. Be eligible for a compact privilege in any remote state in accordance with pars. (d), (g), and (h);

SB692,23,14 3. Submit to an application process whenever the licensee is seeking a compact privilege;

SB692,23,16 4. Pay any applicable commission and remote state fees for a compact privilege in the remote state;

SB692,23,18 5. Meet any jurisprudence requirement established by a remote state in which the licensee is seeking a compact privilege;

SB692,23,21 6. Have passed a national board examination of the Joint Commission on National Dental Examinations or another examination accepted by commission rule;

SB692,24,2 7. For a dentist, have graduated from a predoctoral dental education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs, leading to the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree;

SB692,24,6 8. For a dental hygienist, have graduated from a dental hygiene education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs;

SB692,24,7 9. Have successfully completed a clinical assessment for licensure;

SB692,24,10 10. Report to the commission adverse action taken by any non-participating state when applying for a compact privilege and, otherwise, within thirty (30) days from the date the adverse action is taken;

SB692,24,13 11. Report to the commission when applying for a compact privilege the address of the licensee's primary residence and thereafter immediately report to the commission any change in the address of the licensee's primary residence; and

SB692,24,19 12. Consent to accept service of process by mail at the licensee's primary residence on record with the commission with respect to any action brought against the licensee by the commission or a participating state, and consent to accept service of a subpoena by mail at the licensee's primary residence on record with the commission with respect to any action brought or investigation conducted by the commission or a participating state.

SB692,24,24 (b) The licensee must comply with the requirements of par. (a) to maintain the compact privilege in the remote state. If those requirements are met, the compact privilege will continue as long as the licensee maintains a qualifying license in the state through which the licensee applied for the compact privilege and pays any applicable compact privilege renewal fees.

SB692,25,3 (c) A licensee providing dentistry or dental hygiene in a remote state under the compact privilege shall function within the scope of practice authorized by the remote state for a dentist or dental hygienist licensed in that state.

SB692,25,14 (d) A licensee providing dentistry or dental hygiene pursuant to a compact privilege in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, by adverse action revoke or remove a licensee's compact privilege in the remote state for a specific period of time and impose fines or take any other necessary actions to protect the health and safety of its citizens. If a remote state imposes an adverse action against a compact privilege that limits the compact privilege, that adverse action applies to all compact privileges in all remote states. A licensee whose compact privilege in a remote state is removed for a specified period of time is not eligible for a compact privilege in any other remote state until the specific time for removal of the compact privilege has passed and all encumbrance requirements are satisfied.