STATE OF WISCONSIN
Dentistry Examining Board
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DENTISTRY EXAMINING BOARD
PROPOSED ORDER OF THE DENTISTRY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE)
PROPOSED ORDER
An order of the Dentistry Examining Board to create DE Chapter 14 relating to informed consent. Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats. Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession. Section 227.11 (2) (a), Stats., provides that “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Section 447.02 (2) (i), Stats. The examining board shall promulgate rules specifying the provisions for implementing s. 447.40. Related statute or rule:
Plain language analysis:
The duty of certain health care professionals, other than physicians, to obtain informed consent from their patients before conducting treatment had not been codified as a statutory duty prior to the passage of 2013 Wisconsin Act 345. Act 345 sets forth the dentists’ duty to obtain informed consent from their patients and institutes the reasonable dentist standard as the standard for informing patients regarding their treatment options. The reasonable dentist standard requires disclosure only of the information that a reasonable dentist would know and disclose under the circumstances. Summary of, and comparison with, existing or proposed federal regulation:
Although several federal agencies require investigators to obtain informed consent of human subjects participating in investigative trials, there are no specific federal regulations regarding dentists obtaining informed consent from their patients or the reasonable dentist standard.
Comparison with rules in adjacent states:
Illinois: Illinois Administrative Code is silent with regards to dentists’ duty to obtain informed consent (68 Il. Admin. Code pt. 1220).
Iowa: Iowa Administrative Code regarding record keeping states that dental records must include, at a minimum, documentation of informed consent that includes a discussion of procedures, treatment options, potential complications, and known risks, and patient’s consent to proceed with treatment (Iowa Admin. Code r. 650-27.11).
