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 1An Act to repeal 447.03 (1) (title), 447.03 (2) (title), 447.03 (3) (title), 447.04 (1)
2(title) and 447.04 (2) (title); to renumber 447.03 (3) (b) and 447.04 (1); to
3renumber and amend
15.405 (6), 447.02 (1) (d), 447.03 (2), 447.04 (2), 447.06
4(1) and 447.06 (2); to amend 50.39 (3), 447.01 (3) (g), 447.01 (13), 447.02 (1) (a),
5447.02 (1) (c), 447.02 (1) (e), 447.02 (2) (a), 447.02 (2) (b), 447.03 (1) (intro.),
6447.03 (3) (intro.), 447.03 (3) (c), 447.065 (1) (intro.), 447.065 (2), 447.07 (1),
7447.07 (3) (intro.), 447.07 (3) (e), 447.07 (3) (f), 447.07 (3) (g), 447.07 (3) (h),
8447.09, 447.10 and 447.12 (1); to repeal and recreate chapter 447 (title); and
9to create 15.085 (1m) (c), 15.406 (3), subchapter I (title) of chapter 447
10[precedes 447.01], 447.01 (1m), subchapter II (title) of chapter 447 [precedes
11447.02], subchapter III (title) of chapter 447 [precedes 447.11] and subchapter
12IV of chapter 447 [precedes 447.51] of the statutes; relating to: the regulation

1of dental hygienists, creating a dental hygienists affiliated credentialing board,
2granting 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
1Section 1. 15.085 (1m) (c) of the statutes is created to read:
AB273,3,42 15.085 (1m) (c) The public member of the dental hygienists affiliated
3credentialing board shall not be engaged in any profession or occupation concerned
4with the delivery of dental or oral health care.
AB273, s. 2 5Section 2. 15.405 (6) of the statutes is renumbered 15.405 (6) (intro.) and
6amended to read:
AB273,3,107 15.405 (6) Dentistry examining board. (intro.) There is created a dentistry
8examining board in the department of regulation and licensing. The dentistry
9examining board shall consist of 8 members appointed for staggered
consisting of the
10following members appointed for
4-year terms.:
AB273,3,15 11(a) Five of the members shall be licensed dentists in this state. One member
12shall be a dental hygienist licensed to practice in this state. Notwithstanding s. 15.08
13(1m) (a), the dental hygienist member may participate in the preparation and
14grading of licensing examinations for dental hygienists
dentists who are licensed
15under subch. II of ch. 447
.
AB273,3,16 16(b) Two public members shall be public members.
AB273, s. 3 17Section 3. 15.406 (3) of the statutes is created to read:
AB273,3,2118 15.406 (3) Dental hygienists affiliated credentialing board. There is created
19in the department of regulation and licensing, attached to the dentistry examining
20board, a dental hygienists affiliated credentialing board consisting of the following
21members appointed for 4-year terms:
AB273,3,2222 (a) Three dental hygienists who are licensed under subch. IV of ch. 447.
AB273,3,2323 (b) One public member.
AB273, s. 4 24Section 4. 50.39 (3) of the statutes is amended to read:
AB273,4,9
150.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09,
258.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s.
3938.02 (15m), correctional institutions governed by the department of corrections
4under s. 301.02 and the offices and clinics of persons licensed to treat the sick under
5chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do
6not abridge the rights of the medical examining board, physical therapists affiliated
7credentialing board, dentistry examining board, dental hygienists affiliated
8credentialing board,
pharmacy examining board, chiropractic examining board and
9board of nursing in carrying out their statutory duties and responsibilities.
AB273, s. 5 10Section 5. Chapter 447 (title) of the statutes is repealed and recreated to read:
AB273,4,1211 Chapter 447
12 dental practices
AB273, s. 6 13Section 6. Subchapter I (title) of chapter 447 [precedes 447.01] of the statutes
14is created to read:
AB273,4,1515 Chapter 447
AB273,4,1716 Subchapter I
17 General provisions
AB273, s. 7 18Section 7. 447.01 (1m) of the statutes is created to read:
AB273,4,2019 447.01 (1m) "Affiliated credentialing board" means the dental hygienists
20affiliated credentialing board.
AB273, s. 8 21Section 8. 447.01 (3) (g) of the statutes is amended to read:
AB273,4,2322 447.01 (3) (g) Any other practice specified in the rules promulgated under s.
23447.02 (1) (d) 447.51 (1) (b).
AB273, s. 9 24Section 9. 447.01 (13) of the statutes is amended to read:
AB273,5,4
1447.01 (13) "Written or oral prescription" means specific written or oral
2authorization by a dentist who is licensed to practice dentistry under this chapter
3subch. II to perform patient procedures according to a clearly defined treatment plan
4developed by the dentist.
AB273, s. 10 5Section 10. Subchapter II (title) of chapter 447 [precedes 447.02] of the
6statutes is created to read:
AB273,5,77 Chapter 447
AB273,5,98 Subchapter II
9 Dentistry examining board
AB273, s. 11 10Section 11. 447.02 (1) (a) of the statutes is amended to read:
AB273,5,1411 447.02 (1) (a) Governing the reexamination of an applicant who fails an
12examination specified in s. 447.04 (1) (a) 5. or (2) (a) 5 (e). The rules may specify
13additional educational requirements for those applicants and may specify the
14number of times an applicant may be examined.
AB273, s. 12 15Section 12. 447.02 (1) (c) of the statutes is amended to read:
AB273,5,1616 447.02 (1) (c) Subject to ch. 553 and s. 447.06 (1), governing dental franchising.
AB273, s. 13 17Section 13. 447.02 (1) (d) of the statutes is renumbered 447.51 (1) (b) and
18amended to read:
AB273,5,2019 447.51 (1) (b) Specifying Specify practices, in addition to the practices specified
20under s. 447.01 (3) (a) to (f), that are included within the practice of dental hygiene.
AB273, s. 14 21Section 14. 447.02 (1) (e) of the statutes is amended to read:
AB273,5,2322 447.02 (1) (e) Providing for the granting of temporary licenses under this
23chapter subchapter.
AB273, s. 15 24Section 15. 447.02 (2) (a) of the statutes is amended to read:
AB273,6,2
1447.02 (2) (a) The conditions for supervision and the degree of supervision
2required under ss. 447.03 (3) (a), (b) and (d) 2. and 447.065.
AB273, s. 16 3Section 16. 447.02 (2) (b) of the statutes is amended to read:
AB273,6,74 447.02 (2) (b) The standards, conditions and any educational requirements
5that are in addition to the requirements specified in s. 447.04 (1) that must be met
6by a dentist to be permitted to induce general anesthesia or conscious sedation in
7connection with the practice of dentistry.
AB273, s. 17 8Section 17. 447.03 (1) (title) of the statutes is repealed.
AB273, s. 18 9Section 18. 447.03 (1) (intro.) of the statutes is amended to read:
AB273,6,1210 447.03 (1) (intro.) Except as provided under sub. (3), no person may do any of
11the following unless he or she is licensed to practice dentistry under this chapter
12subchapter:
AB273, s. 19 13Section 19. 447.03 (2) (title) of the statutes is repealed.
AB273, s. 20 14Section 20. 447.03 (2) of the statutes is renumbered 447.52 (1), and 447.52 (1)
15(intro.), as renumbered, is amended to read:
AB273,6,1816 447.52 (1) (intro.) Except as provided under sub. (3) (2), no person may do any
17of the following unless he or she is licensed to practice dental hygiene under this
18chapter subchapter:
AB273, s. 21 19Section 21. 447.03 (3) (title) of the statutes is repealed.
AB273, s. 22 20Section 22. 447.03 (3) (intro.) of the statutes is amended to read:
AB273,6,2221 447.03 (3) (intro.) No license under this chapter subchapter is required for any
22of the following:
AB273, s. 23 23Section 23. 447.03 (3) (b) of the statutes is renumbered 447.52 (2) (a).
AB273, s. 24 24Section 24. 447.03 (3) (c) of the statutes is amended to read:
AB273,7,5
1447.03 (3) (c) An individual licensed to practice dentistry or dental hygiene in
2another state or country who practices dentistry or dental hygiene in a program of
3dental education or research at the invitation of a group of dentists or practices
4dentistry or dental hygiene under the jurisdiction of the army, navy, air force, U.S.
5public health service or veterans bureau U.S. department of veterans affairs.
AB273, s. 25 6Section 25. 447.04 (1) (title) of the statutes is repealed.
AB273, s. 26 7Section 26. 447.04 (1) of the statutes is renumbered 447.04.
AB273, s. 27 8Section 27. 447.04 (2) (title) of the statutes is repealed.
AB273, s. 28 9Section 28. 447.04 (2) of the statutes is renumbered 447.53, and 447.53 (1)
10(intro.) and (c) to (f) and (2), as renumbered, are amended to read:
AB273,7,1211 447.53 (1) (intro.) The examining affiliated credentialing board shall grant a
12license to practice dental hygiene to an individual who does all of the following:
AB273,7,1413 (c) Submits evidence satisfactory to the examining affiliated credentialing
14board that he or she has graduated from an accredited dental hygiene school.
AB273,7,1815 (d) Submits evidence satisfactory to the examining affiliated credentialing
16board that he or she has passed the national dental hygiene examination and the
17examination of a dental hygiene testing service approved by the examining affiliated
18credentialing
board.
AB273,7,2019 (e) Passes an examination administered by the examining affiliated
20credentialing
board on the statutes and rules relating to dental hygiene.
AB273,7,2221 (f) Completes any other requirements established by the examining affiliated
22credentialing
board by rule.
AB273,8,3 23(2) The examining affiliated credentialing board may grant a license to practice
24dental hygiene to an individual who is licensed in good standing to practice dental
25hygiene in another state or territory of the United States or in another country if the

1applicant meets the requirements for licensure established by the examining
2affiliated credentialing board by rule and upon presentation of the license and
3payment of the fee specified under s. 440.05 (2).
AB273, s. 29 4Section 29. 447.06 (1) of the statutes is renumbered 447.06 and amended to
5read:
AB273,8,12 6447.06 Practice limitations. No contract of employment entered into
7between a dentist and any other party under which the dentist renders dental
8services may require the dentist to act in a manner which violates the professional
9standards for dentistry set forth in this chapter subchapter. Nothing in this
10subsection section limits the ability of the other party to control the operation of the
11dental practice in a manner in accordance with the professional standards for
12dentistry set forth in this chapter subchapter.
AB273, s. 30 13Section 30. 447.06 (2) of the statutes is renumbered 447.55, and 447.55 (2) and
14(3) (intro.), as renumbered, are amended to read:
AB273,8,1915 447.55 (2) A dental hygienist may practice dental hygiene or perform
16remediable procedures under par. (a) 1., 4., 6., 7. or 8. sub. (1) (a), (d), (f), (g) or (h)
17only as authorized by a dentist who is licensed to practice dentistry under this
18chapter
subch. II and who is present in the facility in which those practices or
19procedures are performed, except as provided in par. (c) sub. (3).
AB273,8,24 20(3) (intro.) A dental hygienist may practice dental hygiene or perform
21remediable procedures under par. (a) 1., 4., 6., 7. or 8. sub. (1) (a), (d), (f), (g) or (h)
22if a dentist who is licensed to practice dentistry under this chapter subch. II is not
23present in the facility in which those practices or procedures are performed only if
24all of the following conditions are met:
AB273, s. 31 25Section 31. 447.065 (1) (intro.) of the statutes is amended to read:
AB273,9,4
1447.065 (1) (intro.)  A dentist who is licensed to practice dentistry under this
2chapter subchapter may delegate to an individual who is not licensed under this
3chapter only the performance of remediable procedures, and only if all of the
4following conditions are met:
AB273, s. 32 5Section 32. 447.065 (2) of the statutes is amended to read:
AB273,9,96 447.065 (2) Subject to the requirements under s. 447.06 (2) 447.55, a dentist
7who is licensed to practice dentistry under this chapter subchapter may delegate to
8a dental hygienist who is licensed to practice dental hygiene under this chapter
9subch. IV the performance of remediable procedures.
AB273, s. 33 10Section 33. 447.07 (1) of the statutes is amended to read:
AB273,9,1411 447.07 (1) The examining board may, without further notice or process, limit,
12suspend or revoke the license of any dentist or dental hygienist who fails, within 60
13days after the mailing of written notice to the licensee's last-known address, to
14renew his or her license.
AB273, s. 34 15Section 34. 447.07 (3) (intro.) of the statutes is amended to read:
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