Section 24 simplifies the examination passing score to be the recommended passing score of the exam provider.
Section 25 repeals obsolete provisions relating to examinations including unauthorized assistance, examination review, and claim of examination error. It also repeals the limitation an applicant can fail an examination only 3 times without more training or education. The board does not have knowledge of what questions the applicant fails, therefore can’t prescribe further training or education to remediate those areas.
Section 26 creates conformity with the statutes regarding the practice of dental hygiene. It also removes the confusing references regarding a dentist being present in the dental facility which is not referenced in statute. The new language also allows for the scope of practice to evolve without a list of items which can be performed by a dental hygienist.
Section 27 further defines subgingival sustained release chemotherapeutic agents as antibiotics.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois: Illinois accepts the following examinations: North East Regional Board of Dental Examiners (NERB); Central Regional Dental Testing Service (CRDTS); Southern Regional Testing Agency (SRTA), Western Regional Examining Board (WREB) or Council of Interstate Testing Agencies (CITA) completed within the last 5 years if never licensed in another jurisdiction. The examination scores are set by the testing service. Illinois requires Basic Life Support (BLS) certification. Applicants for a faculty license are not required to appear before the Board for an interview. A dentist or dental hygienist renewing after 5 years shall complete 48 hours of continuing education and provide one of the following: active practice in another jurisdiction for 3 of the last 5 years; military service; or pass one of the licensing examinations. A dental hygienist may not perform procedures that require the professional judgment and skill of a dentist or those procedures that constitute the practice of dentistry.
Iowa: Iowa accepts the following regional examinations: CRDTS, WREB, SRTA, Commission on Dental Competency Assessments (CDCA) [NOTE: CDCA was formerly known as NERB], CITA within the previous 5 years. A passing grade of at least 75% is required. Iowa requires CPR certification. Applicants based upon licensure in another state shall have passed a regional examination within the previous 5 year period or 3 consecutive years immediately prior to the filing of the application been in active practice of dentistry. Applicants for a faculty license are not required to appear before the Board for an interview. Renewal of a lapsed license requires evidence of completion of a total of 15 hours of continuing education per each lapsed year up to a maximum of 75 hours or evidence of licensure in another state in good standing.
Michigan: Michigan accepts the NERB examination or one that is substantially equivalent. The Board adopts the score recommended by NERB but not less than a converted score of 75 on each component of the examination. Applicants for a faculty license are not required to appear before the Board for an interview. Applicants based upon license in another state are required to demonstrate practicing in another state of a minimum of 5 years immediately preceding the application or successful completion of a regional examination. Renewal of a license which has lapsed more than 5 years may be renewed by meeting initial licensure requirements or evidence held a license in another state within 3 years immediately preceding renewal. The license shall be displayed in the principal place of practice. A dentist may not delegate the following: the diagnosing or prescribing for disease, pain, deformity, deficiency, injury or physical condition; the cutting of hard and soft tissue; the removal of accretions, stains, or calculus deposits; deep scaling; root planing; any intra-oral restorative procedures (some procedures allowed under direct supervision); administration of local anesthesia, nitrous oxide analgesia (may perform if certain qualifications are met) or acupuncture; irrigation and medication of root canals, try-in of cones or points, filing or filling of root canals; taking impressions for any purpose other than study or opposing models; or permanent cementation of any restorative or appliance.
Minnesota: Minnesota requires passage of a board approved clinical examination. Applicants for a faculty license are not required to appear before the Board for an interview. An application based upon licensure in another state requires at least 2,000 hours of active practice within 36 months of application. Renewal of a lapsed license after 2 years requires a jurisprudence exam, physical examination attesting to the applicant’s physical and mental condition and optical examination; and successfully pass an examination or completion of board approved education. A dental hygienist may perform various procedures based upon direct or indirect supervision and whether a dentist is present on the premises.
Summary of factual data and analytical methodologies:
The Board conducted a comprehensive review of chapters DE 2 and 3 to ensure the chapters are statutorily compliant, current with professional standards and practices and remove obsolete provisions.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
The rule was posted for economic impact comments and none were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435 Agency contact person: Sharon Henes, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at DSPSAdminRules@wisconsin.gov. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
------------------------------------------------------------------------------------------------------------
Section 1. DE 1.02 (1m), (2), and (4) are repealed.
Section 2. DE 2.005 is created to read:
DE 2.005 Dental testing service and dental hygiene testing service requirements. A dental testing service or dental hygiene testing service may be approved if all the testing service’s exams meet all of the following requirements:
(1) Test clinical knowledge.
(2) Practical component on application of the basic principles utilizing live human patients or simulated patients.
Section 3. DE 2.01 (1) (d), (f), and (g) are amended to read:
DE 2.01 (1) (d) Evidence of successful completion of an examination on provisions in ch. 447, Stats, and chs. DE 1 to 9 the statutes and rules relating to dentistry. (f) Verification from the commission on national examinations of the American dental association Joint Commission on National Dental Examinations or other board-approved professional testing services of successful completion of an examination.
(g) Verification from the central regional dental testing service or other a board-approved testing services service of successful completion of an examination in clinical and laboratory demonstrations taken within the 5 one year period immediately preceding application. In this paragraph, “successful completion” means an applicant has passed all parts of the examination in no more than 3 attempts on any one part, as required in s. DE 2.09. Section 4. DE 2.01 (1) (h) is created to read:
DE 2.01 (1) (h) Evidence satisfactory to the board the applicant 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 by the Wisconsin department of health services.
Section 5. DE 2.01 (1m) (e) is created to read:
DE 2.01 (1m) (e) Evidence satisfactory to the board the applicant 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 by the Wisconsin department of health services.
Section 6. DE 2.01 (2) (a) and (b) are amended to read:
DE 2.01 (2) (a) Verification from the commission on national examinations of the American dental association Joint Commission on National Dental Examinations or other board-approved professional testing service of successful completion of an examination on the basic principles of the practice of dental hygiene; and.
(b) Verification from the central regional dental hygiene testing service or other a board-approved testing service of successful completion of an examination in clinical and laboratory demonstrations taken within the 5 one year period immediately preceding application.
Section 7. DE 2.01 (2) (c) and (d) are created to read:
DE 2.01 (2) (c) Evidence satisfactory to the board of having graduated from an accredited dental hygiene school.
(d) Evidence satisfactory to the board the applicant 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 by the Wisconsin department of health services.
Section 8. DE 2.013 is created to read:
DE 2.013 Student supervision. A dental student under s. 447.03 (a), Stats., or a dental hygiene student under s. 447.03 (b), Stats. is required to practice under the supervision of a dentist who is present in the facility in which the practice occurs. Section 9. DE 2.015 (1) (d) is amended to read:
DE 2.015 (1) (d) Submits to an initial interview and any other interview that the board may require that demonstrates, to the board’s satisfaction, that the applicant is competent to practice dentistry.
Section 10. DE 2.015 (1) (f) is created to read:
