AB273: Bill Text

1997 Assembly BILL 273

April 11, 1997 - Introduced by Representatives Powers, Robson, Zukowski, Hanson, Kreibich, Turner, Hahn, Musser, Bock, Vander Loop, Notestein, Olsen, Johnsrud, Kaufert and J. Lehman, cosponsored by Senators Clausing, Zien, Plache and Risser. Referred to Committee on Health.

AB273,2,2 An Act to repeal 447.03 (1) (title), 447.03 (2) (title), 447.03 (3) (title), 447.04 (1) (title) and 447.04 (2) (title); to renumber 447.03 (3) (b) and 447.04 (1); to renumber and amend 15.405 (6), 447.02 (1) (d), 447.03 (2), 447.04 (2), 447.06 (1) and 447.06 (2); to amend 50.39 (3), 447.01 (3) (g), 447.01 (13), 447.02 (1) (a), 447.02 (1) (c), 447.02 (1) (e), 447.02 (2) (a), 447.02 (2) (b), 447.03 (1) (intro.), 447.03 (3) (intro.), 447.03 (3) (c), 447.065 (1) (intro.), 447.065 (2), 447.07 (1), 447.07 (3) (intro.), 447.07 (3) (e), 447.07 (3) (f), 447.07 (3) (g), 447.07 (3) (h), 447.09, 447.10 and 447.12 (1); to repeal and recreate chapter 447 (title); and to create 15.085 (1m) (c), 15.406 (3), subchapter I (title) of chapter 447 [precedes 447.01], 447.01 (1m), subchapter II (title) of chapter 447 [precedes 447.02], subchapter III (title) of chapter 447 [precedes 447.11] and subchapter IV of chapter 447 [precedes 447.51] of the statutes; relating to: the regulation of dental hygienists, creating a dental hygienists affiliated credentialing board, granting rule-making authority and providing penalties.

Analysis by the Legislative Reference Bureau

Under current law, with certain exceptions, a person must be licensed as a dental hygienist by the dentistry examining board (DEB) in the department of regulation and licensing (DORL) in order to practice dental hygiene or perform remediable procedures or to represent himself or herself to the public as a dental hygienist. DEB is authorized to promulgate rules that specify practices that are included within the practice of dental hygiene. In addition, DEB may take disciplinary action against a dental hygienist, or an applicant for a dental hygienist license, who engages in unprofessional conduct, violates statutes or rules related to the practice of dental hygiene or engages in certain other prohibited conduct.

This bill creates a dental hygienists affiliated credentialing board (DHACB) in DORL that has 3 dental hygienist members and one public member. The bill transfers to DHACB all authority that DEB has under current law relating to the regulation of dental hygienists, including the authority to promulgate rules specifying practices that are included within the practice of dental hygiene and the authority to take disciplinary action. In addition, the bill allows DHACB to promulgate rules that impose continuing education requirements on all dental hygienists or on an individual dental hygienist in conjunction with, or instead of, taking disciplinary action.

Under current law, a dental hygienist's practice of dental hygiene or performance of remediable procedures must be authorized by a dentist who is present in the same facility as the dental hygienist. If a dentist is not present, a dental hygienist may practice dental hygiene or perform remediable procedures only under a prescription made by a dentist that specifies the practice or procedures to be performed and only if the following 2 requirements are satisfied: 1) the dentist examined the patient at least once within the 12-month period preceding the date of the prescription or the practice of dental hygiene or performance of procedures; and 2) if the practice or procedures are performed in a dental office, the patient has been a patient of the dentist for at least 6 months. Under this bill, these 2 requirements do not have to be satisfied if the dentist who made the prescription waives them.

Finally, under current law, the membership of DEB includes one licensed dental hygienist. This bill removes the dental hygienist member from DEB.

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:

AB273, s. 1 Section 1. 15.085 (1m) (c) of the statutes is created to read:

AB273,3,4 15.085 (1m) (c) The public member of the dental hygienists affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of dental or oral health care.

AB273, s. 2 Section 2. 15.405 (6) of the statutes is renumbered 15.405 (6) (intro.) and amended to read:

AB273,3,10 15.405 (6) Dentistry examining board. (intro.) There is created a dentistry examining board in the department of regulation and licensing. The dentistry examining board shall consist of 8 members appointed for staggered consisting of the following members appointed for 4-year terms.:

AB273,3,15 (a) Five of the members shall be licensed dentists in this state. One member shall be a dental hygienist licensed to practice in this state. Notwithstanding s. 15.08 (1m) (a), the dental hygienist member may participate in the preparation and grading of licensing examinations for dental hygienists dentists who are licensed under subch. II of ch. 447.

AB273,3,16 (b) Two public members shall be public members.

AB273, s. 3 Section 3. 15.406 (3) of the statutes is created to read:

AB273,3,21 15.406 (3) Dental hygienists affiliated credentialing board. There is created in the department of regulation and licensing, attached to the dentistry examining board, a dental hygienists affiliated credentialing board consisting of the following members appointed for 4-year terms:

AB273,3,22 (a) Three dental hygienists who are licensed under subch. IV of ch. 447.

AB273,3,23 (b) One public member.

AB273, s. 4 Section 4. 50.39 (3) of the statutes is amended to read:

AB273,4,9 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 938.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, dentistry examining board, dental hygienists affiliated credentialing board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.

AB273, s. 5 Section 5. Chapter 447 (title) of the statutes is repealed and recreated to read:

AB273,4,12 Chapter 447 dental practices

AB273, s. 6 Section 6. Subchapter I (title) of chapter 447 [precedes 447.01] of the statutes is created to read:

AB273,4,15 Chapter 447

AB273,4,17 Subchapter I General provisions

AB273, s. 7 Section 7. 447.01 (1m) of the statutes is created to read:

AB273,4,20 447.01 (1m) "Affiliated credentialing board" means the dental hygienists affiliated credentialing board.

AB273, s. 8 Section 8. 447.01 (3) (g) of the statutes is amended to read:

AB273,4,23 447.01 (3) (g) Any other practice specified in the rules promulgated under s. 447.02 (1) (d) 447.51 (1) (b).

AB273, s. 9 Section 9. 447.01 (13) of the statutes is amended to read:

AB273,5,4 447.01 (13) "Written or oral prescription" means specific written or oral authorization by a dentist who is licensed to practice dentistry under this chapter subch. II to perform patient procedures according to a clearly defined treatment plan developed by the dentist.

AB273, s. 10 Section 10. Subchapter II (title) of chapter 447 [precedes 447.02] of the statutes is created to read:

AB273,5,7 Chapter 447

AB273,5,9 Subchapter II Dentistry examining board

AB273, s. 11 Section 11. 447.02 (1) (a) of the statutes is amended to read:

AB273,5,14 447.02 (1) (a) Governing the reexamination of an applicant who fails an examination specified in s. 447.04 (1) (a) 5. or (2) (a) 5 (e). The rules may specify additional educational requirements for those applicants and may specify the number of times an applicant may be examined.

AB273, s. 12 Section 12. 447.02 (1) (c) of the statutes is amended to read:

AB273,5,16 447.02 (1) (c) Subject to ch. 553 and s. 447.06 (1), governing dental franchising.

AB273, s. 13 Section 13. 447.02 (1) (d) of the statutes is renumbered 447.51 (1) (b) and amended to read:

AB273,5,20 447.51 (1) (b) Specifying Specify practices, in addition to the practices specified under s. 447.01 (3) (a) to (f), that are included within the practice of dental hygiene.

AB273, s. 14 Section 14. 447.02 (1) (e) of the statutes is amended to read:

AB273,5,23 447.02 (1) (e) Providing for the granting of temporary licenses under this chapter subchapter.

AB273, s. 15 Section 15. 447.02 (2) (a) of the statutes is amended to read:

AB273,6,2 447.02 (2) (a) The conditions for supervision and the degree of supervision required under ss. 447.03 (3) (a), (b) and (d) 2. and 447.065.

AB273, s. 16 Section 16. 447.02 (2) (b) of the statutes is amended to read:

AB273,6,7 447.02 (2) (b) The standards, conditions and any educational requirements that are in addition to the requirements specified in s. 447.04 (1) that must be met by a dentist to be permitted to induce general anesthesia or conscious sedation in connection with the practice of dentistry.

AB273, s. 17 Section 17. 447.03 (1) (title) of the statutes is repealed.

AB273, s. 18 Section 18. 447.03 (1) (intro.) of the statutes is amended to read:

AB273,6,12 447.03 (1) (intro.) Except as provided under sub. (3), no person may do any of the following unless he or she is licensed to practice dentistry under this chapter subchapter:

AB273, s. 19 Section 19. 447.03 (2) (title) of the statutes is repealed.

AB273, s. 20 Section 20. 447.03 (2) of the statutes is renumbered 447.52 (1), and 447.52 (1) (intro.), as renumbered, is amended to read:

AB273,6,18 447.52 (1) (intro.) Except as provided under sub. (3) (2), no person may do any of the following unless he or she is licensed to practice dental hygiene under this chapter subchapter:

AB273, s. 21 Section 21. 447.03 (3) (title) of the statutes is repealed.

AB273, s. 22 Section 22. 447.03 (3) (intro.) of the statutes is amended to read:

AB273,6,22 447.03 (3) (intro.) No license under this chapter subchapter is required for any of the following:

AB273, s. 23 Section 23. 447.03 (3) (b) of the statutes is renumbered 447.52 (2) (a).

AB273, s. 24 Section 24. 447.03 (3) (c) of the statutes is amended to read:

AB273,7,5 447.03 (3) (c) An individual licensed to practice dentistry or dental hygiene in another state or country who practices dentistry or dental hygiene in a program of dental education or research at the invitation of a group of dentists or practices dentistry or dental hygiene under the jurisdiction of the army, navy, air force, U.S. public health service or veterans bureau U.S. department of veterans affairs.

AB273, s. 25 Section 25. 447.04 (1) (title) of the statutes is repealed.

AB273, s. 26 Section 26. 447.04 (1) of the statutes is renumbered 447.04.

AB273, s. 27 Section 27. 447.04 (2) (title) of the statutes is repealed.

AB273, s. 28 Section 28. 447.04 (2) of the statutes is renumbered 447.53, and 447.53 (1) (intro.) and (c) to (f) and (2), as renumbered, are amended to read:

AB273,7,12 447.53 (1) (intro.) The examining affiliated credentialing board shall grant a license to practice dental hygiene to an individual who does all of the following:

AB273,7,14 (c) Submits evidence satisfactory to the examining affiliated credentialing board that he or she has graduated from an accredited dental hygiene school.

AB273,7,18 (d) Submits evidence satisfactory to the examining affiliated credentialing board that he or she has passed the national dental hygiene examination and the examination of a dental hygiene testing service approved by the examining affiliated credentialing board.

AB273,7,20 (e) Passes an examination administered by the examining affiliated credentialing board on the statutes and rules relating to dental hygiene.

AB273,7,22 (f) Completes any other requirements established by the examining affiliated credentialing board by rule.

AB273,8,3 (2) The examining affiliated credentialing board may grant a license to practice dental hygiene to an individual who is licensed in good standing to practice dental hygiene in another state or territory of the United States or in another country if the applicant meets the requirements for licensure established by the examining affiliated credentialing board by rule and upon presentation of the license and payment of the fee specified under s. 440.05 (2).

AB273, s. 29 Section 29. 447.06 (1) of the statutes is renumbered 447.06 and amended to read:

AB273,8,12 447.06 Practice limitations. No contract of employment entered into between a dentist and any other party under which the dentist renders dental services may require the dentist to act in a manner which violates the professional standards for dentistry set forth in this chapter subchapter. Nothing in this subsection section limits the ability of the other party to control the operation of the dental practice in a manner in accordance with the professional standards for dentistry set forth in this chapter subchapter.

AB273, s. 30 Section 30. 447.06 (2) of the statutes is renumbered 447.55, and 447.55 (2) and (3) (intro.), as renumbered, are amended to read:

AB273,8,19 447.55 (2) A dental hygienist may practice dental hygiene or perform remediable procedures under par. (a) 1., 4., 6., 7. or 8. sub. (1) (a), (d), (f), (g) or (h) only as authorized by a dentist who is licensed to practice dentistry under this chapter subch. II and who is present in the facility in which those practices or procedures are performed, except as provided in par. (c) sub. (3).

AB273,8,24 (3) (intro.) A dental hygienist may practice dental hygiene or perform remediable procedures under par. (a) 1., 4., 6., 7. or 8. sub. (1) (a), (d), (f), (g) or (h) if a dentist who is licensed to practice dentistry under this chapter subch. II is not present in the facility in which those practices or procedures are performed only if all of the following conditions are met:

AB273, s. 31 Section 31. 447.065 (1) (intro.) of the statutes is amended to read:

AB273,9,4 447.065 (1) (intro.)  A dentist who is licensed to practice dentistry under this chapter subchapter may delegate to an individual who is not licensed under this chapter only the performance of remediable procedures, and only if all of the following conditions are met:

AB273, s. 32 Section 32. 447.065 (2) of the statutes is amended to read:

AB273,9,9 447.065 (2) Subject to the requirements under s. 447.06 (2) 447.55, a dentist who is licensed to practice dentistry under this chapter subchapter may delegate to a dental hygienist who is licensed to practice dental hygiene under this chapter subch. IV the performance of remediable procedures.

AB273, s. 33 Section 33. 447.07 (1) of the statutes is amended to read:

AB273,9,14 447.07 (1) The examining board may, without further notice or process, limit, suspend or revoke the license of any dentist or dental hygienist who fails, within 60 days after the mailing of written notice to the licensee's last-known address, to renew his or her license.

AB273, s. 34 Section 34. 447.07 (3) (intro.) of the statutes is amended to read: