DE 12.01 Nondelegated functions. A dentist or dental therapist may not delegate any dental procedure of any description to an unlicensed person if the procedure or function to be delegated is any of the following:
Section 40. DE 12.02 is amended to read:
DE 12.02 Training. A dentist or dental therapist who delegates any remediable dental procedure or function to an unlicensed person shall first provide training to or verify competency of the person in the performance of the procedure or function.
Section 41. DE 12.03 is amended to read:
DE 12.03 Reporting violations. (1) A licensee shall report to the board any dentist or dental therapist who is improperly delegating the performance of any dental or dental therapy procedure or function to an unlicensed person, or is delegating to a person performing any dental or dental therapy procedure or function in a manner which is less than minimally competent.
(2) A licensee who fails to report the circumstances as specified in sub. (1) constitutes aiding and abetting the violation of a law substantially related to the practice of dentistry, dental therapy, or dental hygiene, and shall be in violation of s. DE 5.02 (20), (21), (21m), or (22). Section 42. DE 12.04 is created to read:
DE 12.04 Dental therapist delegation to unlicensed persons. (1) In this section:
(a) “Direct supervision” has the meaning given in s. DE 17.01 (2). (b) “Supervising dentist” has the meaning given in s. DE 17.01 (6). (2) A dental therapist may delegate to an unlicensed person only the performance of remediable procedures, and only if all of the following conditions are met:
_Hlk166584843(a) The unlicensed individual performs the remediable procedures in accordance with a treatment plan approved by the dentist or dental therapist. (b) The unlicensed individual remains under the direct supervision of the dental therapist
for the duration of the procedure.
(c) The unlicensed individual's performance of the remediable procedures is subject to inspection by the dentist or dental therapist.
(e) The supervising dentist has allowed the dental therapist to perform the specific remediable procedure within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats. (f) The supervising dentist has expressly allowed the dental therapist to delegate the specific remediable procedure within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats. (3) In sub. (2), the dentist who approves the treatment plan and may inspect the performance of the remediable procedures may be a different dentist than the supervising dentist for the dental therapist.
(4) The dental therapist, the dental therapist’s supervising dentist, and the dentist who approves the treatment plan shall be responsible for any services, treatments, or procedures delegated and performed under sub. (2).
Section 43. DE 13.01 is amended to read:
Section 44. DE 13.02 (3) and (4) (intro.) are amended to read:
DE 13.02 (3) “Professional organization" means an organization that seeks to further the dental, dental therapy, dental hygiene, or medical professions, the interests of licensees engaged in those professions, and the public interests. “Professional organization" includes a study group, as defined in sub. (4).
(4) “Study group" means a group of 2 or more dentists, dental therapists, or dental hygienists who discuss continuing education topics relating to the practice of dentistry, dental therapy, or medicine, or the clinical practice of dental hygiene, and that satisfies all of the following:
Section 45. DE 13.035 is created to read:
DE 13.035 Continuing education requirements for dental therapists. (1) Completion of continuing education credit hours. Except as provided under sub. (5), during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), Stats., a dental therapist shall complete 12 credit hours of continuing education related to the practice of dental therapy. No more than 2 of the 12 credit hours may be satisfied by training related to basic life support or cardiopulmonary resuscitation. Not less than 2 of the 12 credit hours shall include training in infection control. (2) Prescribing controlled substances continuing education. If a dental therapist has a federal drug enforcement administration registration number, the 12 credit hours of continuing education shall include 2 hours in the topic of prescribing of controlled substances for the treatment of dental pain.
(3) Credit for college level courses. One credit hour of a college level course is equivalent to 6 credit hours of continuing education. A licensee may substitute credit hours of college level courses related to the practice of dentistry, dental therapy, or medicine for the required continuing education credit hours.
(4) Credit for distance education. The credit hours required under sub. (1) may be satisfied by independent study, correspondence, or internet programs or courses.
(5) Exemption for new licensees. Subsection (1) does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the applicant is licensed.
(6) Certification statement. At the time of each renewal, each licensee shall sign a statement certifying that, within the 2 years immediately preceding the renewal date specified under s. 440.08 (2) (a), Stats., the licensee has completed the continuing education credit hours required under sub. (1). (7) Failure to complete continuing education hours. A licensee who fails to complete the continuing education requirements by the renewal date specified under s. 440.08 (2) (a), Stats., shall not practice dental therapy until the license is restored under s. DE 2.03 (5). (8) Time limits on obtaining credits. Credit hours completed before the 2-year period immediately preceding renewal of a license to practice dental therapy may not be applied to fulfill the credit hours required under sub. (1).
(9) Recordkeeping. Every licensee shall maintain a written record of the continuing education hours required under sub. (1) for not less than 6 years after completion of each credit.
(10) Waiver of continuing education hours. The board may waive the continuing education requirements under sub. (1) if it finds that exceptional circumstances such as prolonged illness, disability, or other similar circumstances have prevented a licensee from meeting the requirements.
Section 46. DE 13.05 (1m) is created to read:
DE 13.05 (1m) Dental Therapists. The board accepts continuing education programs for dental therapists that satisfy the following criteria:
(a) The subject matter of the continuing education program relates to the practice of dental therapy or the practice of medicine.
(b) The continuing education program is one of the following:
1. Sponsored or recognized by a local, state, regional, national, or international dental, dental therapy, dental hygiene, dental assisting, or medical related professional organization.
2. A college level course that is offered by a postsecondary institution accredited by the American Dental Association Commission on Dental Accreditation or a successor agency, or by another recognized accrediting body.
Section 47. DE 14.01 (2) is amended to read:
DE 14.01 (2) Purpose. The purpose of the rules is to define the obligation of a dentist or dental therapist to communicate alternate modes of treatment to a patient.
