AB273: Bill Text

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:

AB273,9,23 447.07 (3) (intro.) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to any alleged action of any dentist or dental hygienist, or of any other person it has reason to believe is engaged in or has engaged in the practice of dentistry or dental hygiene in this state, and may, on its own motion, or upon complaint in writing, reprimand any dentist or dental hygienist who is licensed under this chapter subchapter or deny, limit, suspend or revoke his or her license if it finds that the dentist or dental hygienist has done any of the following:

AB273, s. 35 Section 35. 447.07 (3) (e) of the statutes is amended to read:

AB273,10,3 447.07 (3) (e) Subject to ss. 111.321, 111.322 and 111.335, been convicted of a crime, the circumstances of which substantially relate to the practice of dentistry or dental hygiene.

AB273, s. 36 Section 36. 447.07 (3) (f) of the statutes is amended to read:

AB273,10,6 447.07 (3) (f) Violated this chapter subchapter or any federal or state statute or rule which relates to the practice of dentistry or dental hygiene.

AB273, s. 37 Section 37. 447.07 (3) (g) of the statutes is amended to read:

AB273,10,9 447.07 (3) (g) Subject to ss. 111.321, 111.322 and 111.34, practiced dentistry or dental hygiene while his or her ability was impaired by alcohol or other drugs.

AB273, s. 38 Section 38. 447.07 (3) (h) of the statutes is amended to read:

AB273,10,13 447.07 (3) (h) Engaged in conduct that indicates a lack of knowledge of, an inability to apply or the negligent application of, principles or skills of dentistry or dental hygiene.

AB273, s. 39 Section 39. 447.09 of the statutes is amended to read:

AB273,10,19 447.09 Penalties. Any person who violates this chapter subchapter or subch. III may be fined not more than $1,000 or imprisoned for not more than one year in the county jail or both for the first offense and may be fined not more than $2,500 or imprisoned for not more than 2 years or both for the 2nd or subsequent conviction within 5 years.

AB273, s. 40 Section 40. 447.10 of the statutes is amended to read:

AB273,11,6 447.10 Injunction. If it appears upon the complaint of any person to the examining board, or it is believed by the examining board that any person is violating this chapter subchapter or subch. III, the examining board, or the district attorney of the proper county, may investigate such alleged violation, and may, in addition to or in lieu of any other remedies provided by law, bring action in the name and on behalf of the state against any such person to enjoin such violation. Between meetings of the examining board, its president chairperson and secretary, acting in its behalf, are empowered jointly to make such an investigation, and on the basis thereof to seek such relief. Investigations conducted by the examining board, or by its president chairperson and secretary, shall be conducted according to rules promulgated under s. 440.03 (1).

AB273, s. 41 Section 41. Subchapter III (title) of chapter 447 [precedes 447.11] of the statutes is created to read:

AB273,11,9 Chapter 447

AB273,11,11 Subchapter III Dental societies

AB273, s. 42 Section 42. 447.12 (1) of the statutes is amended to read:

AB273,11,22 447.12 (1) The dentists of any county who are licensed to practice dentistry under this chapter subch. II, provided there are at least 5 in the county, may organize a county dental society as a component of the Wisconsin dental association. When so organized it shall be a body corporate, and shall be designated as the dental society of the county, and shall have the general powers of a corporation and may take by purchase or gift and hold real and personal property. County dental societies now existing are continued with the powers and privileges conferred by this chapter subchapter. A county or district dental society that was in existence but unincorporated on September 29, 1963, is not required to incorporate unless that is the express wish of the majority of its members.

AB273, s. 43 Section 43. Subchapter IV of chapter 447 [precedes 447.51] of the statutes is created to read:

AB273,11,25 Chapter 447

AB273,12,3 Subchapter IV Dental Hygienists affiliated credentialing board

AB273,12,5 447.51 Dental hygienists affiliated credentialing board. (1) The affiliated credentialing board may promulgate rules that do any of the following:

AB273,12,9 (a) Govern the reexamination of an applicant who fails an examination specified in s. 447.53 (1) (e). Rules promulgated under this paragraph may specify additional educational requirements for those applicants and may specify the number of times an applicant may be examined.

AB273,12,10 (c) Provide for the granting of temporary licenses under this subchapter.

AB273,12,13 (2) The affiliated credentialing board shall promulgate rules that specify the conditions for supervision and the degree of supervision required under s. 447.52 (2) (a).

AB273,12,14 447.52 License required.

AB273,12,15 (2) No license is required under this subchapter for any of the following:

AB273,12,20 (b) An individual licensed to practice dental hygiene in another state or country who practices dental hygiene in a program of dental education or research at the invitation of a group of dentists or dental hygienists or practices dental hygiene under the jurisdiction of the army, navy, air force, U.S. public health service or U.S. department of veterans affairs.

AB273,12,22 (c) Any examiner representing a testing service approved by the affiliated credentialing board.

AB273,12,24 (d) Any individual who provides remediable procedures that are delegated under s. 447.065 (1).

AB273,12,25 447.53 Licensure.

AB273,13,6 447.54 Renewal of licenses. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under s. 440.08 (2) (a) and, if required by rule promulgated by the affiliated credentialing board, proof of completion of continuing education requirements as specified in the rule.

AB273,13,7 447.55 Practice limitations.

AB273,13,11 (3m) Notwithstanding sub. (3) (b) and (d), a dental hygienist may practice dental hygiene or perform remediable procedures under sub. (3) if the dentist who makes the written or oral prescription specified in sub. (3) (a) waives the requirements under sub. (3) (b) and (d).

AB273,13,15 447.56 Disciplinary proceedings. (1) The affiliated credentialing board may, without further notice or process, limit, suspend or revoke the license of any 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.

AB273,13,22 (2) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings in regard to any alleged action of any dental hygienist, or of any other person it has reason to believe is engaged in or has engaged in the practice of dental hygiene in this state, and may, on its own motion, or upon complaint in writing, reprimand any dental hygienist who is licensed under this subchapter or deny, limit, suspend or revoke his or her license if it finds that the dental hygienist has done any of the following:

AB273,13,23 (a) Engaged in unprofessional conduct.

AB273,14,3 (b) Made any false statement or given any false information in connection with an application for a license or for renewal or reinstatement of a license or received the license through error.

AB273,14,4 (c) Been adjudicated mentally incompetent by a court.

AB273,14,11 (d) Directly or indirectly sent impressions or measurements to a dental laboratory without a written work authorization on a form approved by the examining board and signed by the authorizing dentist, or directly or indirectly sent a patient, or an agent of a patient, to a dental laboratory for any purpose. The affiliated credentialing board or its agents or employes may inspect dental offices and the work authorization records of dental laboratories to determine compliance with this paragraph.

AB273,14,13 (e) Subject to ss. 111.321, 111.322 and 111.335, been convicted of a crime, the circumstances of which substantially relate to the practice of dental hygiene.

AB273,14,15 (f) Violated this subchapter or any federal or state statute or rule which relates to the practice of dental hygiene.

AB273,14,17 (g) Subject to ss. 111.321, 111.322 and 111.34, practiced dental hygiene while his or her ability was impaired by alcohol or other drugs.

AB273,14,19 (h) Engaged in conduct that indicates a lack of knowledge of, an inability to apply or the negligent application of, principles or skills of dental hygiene.

AB273,14,20 (i) Obtained or attempted to obtain compensation by fraud or deceit.

AB273,14,22 (j) Employed, directly or indirectly, any unlicensed person to perform any act requiring licensure under this chapter.

AB273,14,24 (k) Engaged in repeated irregularities in billing a 3rd party for services rendered to a patient. In this paragraph, "irregularities in billing" includes:

AB273,15,2 1. Reporting charges for the purpose of obtaining a total payment in excess of that usually received for the services rendered.

AB273,15,3 2. Reporting incorrect treatment dates for the purpose of obtaining payment.

AB273,15,4 3. Reporting charges for services not rendered.

AB273,15,6 4. Incorrectly reporting services rendered for the purpose of obtaining payment.

AB273,15,8 5. Abrogating the copayment provisions of a contract by agreeing to forgive any or all of the patient's obligation for payment under the contract.

AB273,15,9 (L) Violated ch. 450 or 961.

AB273,15,11 (m) Made a substantial misrepresentation in the course of practice that was relied upon by a client.

AB273,15,12 (n) Violated any order of the affiliated credentialing board.

AB273,15,13 (o) Advertised by using a statement that tends to deceive or mislead the public.

AB273,15,16 (3) The affiliated credentialing board may reinstate a license that has been voluntarily surrendered or revoked on terms and conditions that it considers appropriate.

AB273,15,19 (4) In addition to or in lieu of a reprimand or denial, limitation, suspension or revocation of a license under sub. (2), the affiliated credentialing board may do any of the following:

AB273,15,22 (a) Require a licensee to complete any continuing education specified by the affiliated credentialing board for the purpose of ensuring competency to practice dental hygiene.

AB273,15,24 (b) Assess against an applicant or licensee a forfeiture of not more than $5,000 for each violation enumerated under sub. (2).

AB273,16,4 447.57 Penalties. Any person who violates this subchapter may be fined not more than $1,000 or imprisoned for not more than one year in the county jail or both for the first offense and may be fined not more than $2,500 or imprisoned for not more than 2 years or both for the 2nd or subsequent conviction within 5 years.

AB273,16,15 447.58 Injunction. If it appears upon the complaint of any person to the affiliated credentialing board, or it is believed by the affiliated credentialing board that any person is violating this subchapter, the affiliated credentialing board, or the district attorney of the proper county, may investigate such alleged violation, and may, in addition to or in lieu of any other remedies provided by law, bring action in the name and on behalf of the state against any such person to enjoin such violation. Between meetings of the affiliated credentialing board, its chairperson and secretary, acting in its behalf, are empowered jointly to make such an investigation, and on the basis thereof to seek such relief. Investigations conducted by the affiliated credentialing board, or by its chairperson and secretary, shall be conducted according to rules promulgated under s. 440.03 (1).

AB273, s. 44 Section 44 . Nonstatutory provisions; dental hygienists affiliated credentialing board.

AB273,16,21 (1) Initial appointments. Notwithstanding the length of the terms specified in section 15.406 (3) (intro.) of the statutes, as created by this act, the initial members of the dental hygienists affiliated credentialing board shall be appointed by the first day of the 4th month beginning after the effective date of this subsection for the following terms:

AB273,16,22 (a) One dental hygienist, for a term expiring on July 1, 2000.

AB273,16,23 (b) One dental hygienist, for a term expiring on July 1, 2001.

AB273,16,24 (c) The public member, for a term expiring on July 1, 2002.

AB273,17,1 (d) One dental hygienist, for a term expiring on July 1, 2003.

AB273,17,3 (2) Transfer of authority and records from dentistry examining board; transitional provisions.

AB273,17,4 (a) Definitions. In this subsection:

AB273,17,6 1. "Affiliated credentialing board" means the dental hygienists affiliated credentialing board.

AB273,17,7 2. "Examining board" means the dentistry examining board.

AB273,17,13 (b) Transitional provisions. During the period beginning on the effective date of this paragraph and ending on the first day of the 7th month beginning after the effective date of this paragraph, the examining board shall cooperate with the affiliated credentialing board, as created by this act, in providing orderly and efficient transfers under this subsection. On the first day of the 7th month beginning after the effective date of this paragraph, all of the following apply:

AB273,17,16 1. The assets and liabilities of the examining board pertaining to the regulation of dental hygienists shall become the assets and liabilities of the affiliated credentialing board.

AB273,17,19 2. All tangible personal property, including records, of the examining board pertaining to the regulation of dental hygienists is transferred to the affiliated credentialing board.

AB273,18,2 3. All rules pertaining to the regulation of dental hygienists that have been promulgated by the examining board and that are in effect shall become rules of the affiliated credentialing board and shall remain in effect until their specified expiration dates or until amended or repealed by the affiliated credentialing board. All orders pertaining to the regulation of dental hygienists that have been issued by the examining board and that are in effect shall become orders of the affiliated credentialing board and shall remain in effect until their specified expiration dates or until modified or rescinded by the affiliated credentialing board.

AB273,18,7 4. Any matter relating to the regulation of dental hygienists that is pending with the examining board is transferred to the affiliated credentialing board, and all materials submitted to or actions taken by the examining board with respect to the pending matter are considered to have been submitted to or taken by the affiliated credentialing board.

AB273,18,14 5. Notwithstanding section 447.53 (1) of the statutes, as affected by this act, any person who, on the day before the first day of the 7th month beginning after the effective date of this subdivision, was licensed as a dental hygienist by the examining board under chapter 447 of the statutes is considered to be licensed by the affiliated credentialing board under subchapter IV of chapter 447 of the statutes, as created by this act, without meeting any of the requirements of section 447.53 of the statutes, as affected by this act.

AB273, s. 45 Section 45. Effective dates. This act takes effect on the first day of the 7th beginning after publication, except as follows: