AB367: Bill Text

AB367,17,5 447.06 (6) (title) Delegation by a dentist to a dental hygienist.

AB367,17,7 (d) Any dentistry practice not included in dental hygiene, except as provided in sub. (5), if all of the following conditions are met:

AB367,17,10 1. The delegated practices are ones that, in the opinion of the dentist and the dental hygienist, the dental hygienist is competent to perform based on his or her education, training, or experience.

AB367,17,11 2. The dental hygienist's performance of the practice is inspected by a dentist.

AB367,17,14 (e) A remediable procedure, except that a dentist need not be present on the premises in which the procedure is performed if it is performed pursuant to a prescription that meets the requirements of sub. (2m) (b).

Note: This Section allows a dentist to delegate to a dental hygienist any dentistry practice not included in dental hygiene, with certain exceptions specified in current law, if two conditions are met. First, the delegated practices must be ones that, in the opinion of the dentist and the dental hygienist, the dental hygienist is competent to perform based on his or her education, training, or experience. Second, the dental hygienist's performance of the practice must be inspected by a dentist.

AB367, s. 29 Section 29 . 447.06 (7) of the statutes is created to read:

AB367,18,2 447.06 (7) Dentist responsible for delegation. A dentist who delegates to a dental hygienist the performance of any practice or remediable procedure under sub. (6) is responsible for that dental hygienist's performance of that delegated practice or procedure.

AB367, s. 30 Section 30 . 447.065 (title) of the statutes is amended to read:

AB367,18,5 447.065 (title) Delegation of remediable procedures and dental dentistry practices to unlicensed individuals.

Note: Since all provisions dealing with delegation by a dentist to a dental hygienist will be in s. 447.06, stats., Section 29 replicates a current law dealing with dental responsibility for delegation and Section 30 modifies the title of s. 447.065, stats., to reflect that that section applies only to delegation to unlicensed individuals.

AB367, s. 31 Section 31 . 447.065 (1) of the statutes is amended to read:

AB367,18,10 447.065 (1) A dentist who is licensed to practice dentistry under this chapter may delegate to an individual who is not licensed under this chapter only the performance of remediable procedures, and only or other dentistry practices subject to sub. (2), if all of the following conditions are met:

AB367,18,12 (a) The unlicensed individual performs the remediable procedure or dentistry practices in accordance with a treatment plan approved by the dentist.

AB367,18,14 (b) The dentist is on the premises when the unlicensed individual performs the remediable procedures or dentistry practices.

AB367,18,16 (c) The unlicensed individual's performance of the remediable procedures or dentistry practices is subject to inspection inspected by the dentist.

AB367, s. 32 Section 32 . 447.065 (2) of the statutes is repealed and recreated to read:

AB367,18,20 447.065 (2) A dentist may make a delegation under sub. (1) of dentistry practices that are not remediable procedures if all of the following requirements are met:

AB367,19,3 (a) The practice does not involve a practice under s. 447.01 (3) (a), (b), (e), (f), or (g), diagnosis of a dental disease or ailment, determination of any treatment or any regimen of treatment, prescription or ordering of medication, performance of any procedure that involves the intentional cutting of soft or hard tissue of the mouth by any means, or administration of local anesthesia or subgingival sustained release chemotherapeutic agents.

AB367,19,6 (b) The individual has graduated from an accredited dental assisting program or has worked at least 1,000 hours during the preceding 12 months in a clinical dentistry setting.

AB367,19,11 (c) The dentist making the delegation documents in his or her records that the individual has been trained or educated to do the delegated practice by a dental school; dental hygiene program; dental assisting program; a program offered or approved by a national or state dental, dental hygiene, or dental assisting association; or a program approved by the examining board.

AB367,19,14 (d) The delegated practices are ones that, in the opinion of the dentist and the individual to whom the practices are delegated, the individual is competent to perform based on his or her education, training, or experience.

Note: Section 31 modifies the current law regarding delegation of remediable procedures by a dentist to an unlicensed individual to reflect that a dentist may delegate additional dentistry practices to an unlicensed individual. With regard to those other dentistry practices, the three conditions for delegation in current law must be met as well as the four conditions specified in Section 32.

AB367, s. 33 Section 33. 447.065 (3) of the statutes is amended to read:

AB367,19,18 447.065 (3) A dentist who delegates to another an unlicensed individual the performance of any practice or remediable procedure is responsible for that individual's performance of that delegated practice or procedure.

Note: This Section amends the current law on dental responsibility for delegation to make it applicable to delegation to unlicensed individuals. A separate provision dealing with dental responsibility for delegation to a dental hygienist is created in Section 29.

AB367, s. 34 Section 34 . 560.183 (title) of the statutes is amended to read:

AB367,19,20 560.183 (title) Physician and dentist loan assistance program.

Note: Sections 34 to 43 include dentists in the current physician loan assistance program and rename the program to be the physician and dentist loan assistance program. In addition, the bill defines "dental health professional shortage area."

AB367, s. 35 Section 35. 560.183 (1) (ad) of the statutes is created to read:

AB367,20,4 560.183 (1) (ad) "Dental health professional shortage area" means an area that is designated by the federal department of health and human services under 42 CFR part 5, appendix B, as having a shortage of dental professionals.

AB367, s. 36 Section 36. 560.183 (1) (ae) of the statutes is created to read:

AB367,20,6 560.183 (1) (ae) "Dentist" means an individual licensed under s. 447.04 (1).

AB367, s. 37 Section 37. 560.183 (2) (a) and (b) of the statutes are amended to read:

AB367,20,11 560.183 (2) (a) The department may repay, on behalf of a physician or dentist, up to $50,000 in educational loans obtained by the physician or dentist from a public or private lending institution for education in an accredited school of medicine or dentistry or for postgraduate medical training.

AB367,20,15 (b) A physician or dentist who is a participant in the national health service corps scholarship program under 42 USC 254n, or a physician or dentist who was a participant in that program and who failed to carry out his or her obligations under that program, is not eligible for loan repayment under this section.

AB367, s. 38 Section 38. 560.183 (3) (a) of the statutes is amended to read:

AB367,21,3 560.183 (3) (a) The department shall enter into a written agreement with the physician. In the agreement, the physician shall agree , in which the physician agrees to practice at least 32 clinic hours per week for 3 years in one or more eligible practice areas in this state, except that a physician specializing in psychiatry may only agree to practice psychiatry in a mental health shortage area and a physician in the expanded loan assistance program under sub. (9) may only agree to practice at a public or private nonprofit entity in a health professional shortage area. The physician shall also agree to care for patients who are insured or for whom health benefits are payable under medicare, medical assistance, or any other governmental program.

AB367, s. 39 Section 39. 560.183 (3) (am) of the statutes is created to read:

AB367,21,9 560.183 (3) (am) The department shall enter into a written agreement with the dentist, in which the dentist agrees to practice at least 32 clinic hours per week for 3 years in one or more dental health professional shortage areas in this state. The dentist shall also agree to care for patients for whom health benefits are payable under medical assistance.

AB367, s. 40 Section 40. 560.183 (5) (b) 1., 2., 3., 4. and 5. and (d) of the statutes are amended to read:

AB367,21,16 560.183 (5) (b) 1. The degree to which there is an extremely high need for medical care in the eligible practice area or health professional shortage area in which the a physician desires to practice and the degree to which there is an extremely high need for dental care in the dental health professional shortage area in which a dentist desires to practice.

AB367,21,20 2. The likelihood that a physician will remain in the eligible practice area or health professional shortage area, and that a dentist will remain in the dental health professional shortage area, in which he or she desires to practice after the loan repayment period.

AB367,21,23 3. The per capita income of the eligible practice area or health professional shortage area in which a physician desires to practice and of the dental health professional shortage area in which a dentist desires to practice.

AB367,22,4 4. The financial or other support for physician recruitment and retention provided by individuals, organizations, or local governments in the eligible practice area or health professional shortage area in which a physician desires to practice and for dentist recruitment and retention provided by individuals, organizations, or local governments in the dental health professional shortage area in which a dentist desires to practice.

AB367,22,8 5. The geographic distribution of the physicians and dentists who have entered into loan repayment agreements under this section and the geographic distribution of the eligible practice areas or, health professional shortage areas, and dental health professional shortage areas in which the eligible applicants desire to practice.

AB367,22,11 (d) An agreement under sub. (3) does not create a right of action against the state on the part of the physician or the, dentist, or lending institution for failure to make the payments specified in the agreement.

AB367, s. 41 Section 41. 560.183 (6m) (a) (intro.) of the statutes is amended to read:

AB367,22,16 560.183 (6m) (a) (intro.) The department shall, by rule, establish penalties to be assessed by the department against physicians or dentists who breach an agreement agreements entered into under sub. (3) (a). The rules shall do all of the following:

AB367, s. 42 Section 42. 560.183 (8) (b), (d), (e) and (f) of the statutes are amended to read:

AB367,22,21 560.183 (8) (b) Advise the department and rural health development council on the identification of eligible practice areas with an extremely high need for medical care and dental health professional shortage areas with an extremely high need for dental care.

AB367,22,23 (d) Assist the department to publicize the program under this section to physicians, dentists, and eligible communities.

AB367,22,25 (e) Assist physicians and dentists who are interested in applying for the program under this section.

AB367,23,2 (f) Assist communities in obtaining physicians' and dentists' services through the program under this section.

AB367, s. 43 Section 43 . 560.183 (9) of the statutes is amended to read:

AB367,23,10 560.183 (9) Expanded loan assistance program. The department may agree to repay loans as provided under this section on behalf of a physician or dentist under an expanded physician and dentist loan assistance program that is funded through federal funds in addition to state matching funds. To be eligible for loan repayment under the expanded physician and dentist loan assistance program, a physician or dentist must fulfill all of the requirements for loan repayment under this section, as well as all of the following:

AB367,23,11 (a) The physician or dentist must be a U.S. citizen.

AB367,23,13 (b) The physician or dentist may not have a judgment lien against his or her property for a debt to the United States.

AB367,23,14 (c) The physician or dentist must agree to do all of the following:

AB367,23,16 1. Accept If the provider is a physician, accept medicare assignment as payment in full for services or articles provided.

AB367,23,19 2. Use a sliding fee scale or a comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the physician's or dentist's services.

AB367,23,22 3. Practice at a public or private nonprofit entity in a health professional shortage area, if the provider is a physician, or in a dental health professional shortage area, if the provider is a dentist.

AB367, s. 44 Section 44 . 560.184 (1) (ag) of the statutes is created to read:

AB367,23,25 560.184 (1) (ag) "Dental health professional shortage area" has the meaning given in s. 560.183 (1) (ad).

Note: Sections 44 to 50 include dental hygienists in the health care provider loan assistance program by including dental hygienists in the definition of "health care provider."

AB367, s. 45 Section 45. 560.184 (1) (aj) of the statutes is created to read:

AB367,24,3 560.184 (1) (aj) "Dental hygienist" means an individual licensed under s. 447.04 (2).

AB367, s. 46 Section 46. 560.184 (1) (am) and (b) of the statutes are amended to read:

AB367,24,8 560.184 (1) (am) "Eligible practice area" means a primary care shortage area, an American Indian reservation, or trust lands of an American Indian tribe, except that with respect to a dental hygienist "eligible practice area" means a dental health professional shortage area.

AB367,24,10 (b) "Health care provider" means a dental hygienist, physician assistant, nurse-midwife, or nurse practitioner.

AB367, s. 47 Section 47 . 560.184 (3) (a) of the statutes is amended to read:

AB367,24,17 560.184 (3) (a) The department shall enter into a written agreement with the health care provider. In the agreement, the health care provider shall agree to practice at least 32 clinic hours per week for 3 years in one or more eligible practice areas in this state, except that a health care provider in the expanded loan assistance program under sub. (8) who is not a dental hygienist may only agree to practice at a public or private nonprofit entity in a health professional shortage area.

AB367, s. 48 Section 48. 560.184 (5) (b) 1. of the statutes is amended to read:

AB367,25,2 560.184 (5) (b) 1. The degree to which there is an extremely high need for medical care in the eligible practice area or health professional shortage area in which an eligible applicant who is not a dental hygienist desires to practice and the degree to which there is an extremely high need for dental care in the dental health professional shortage area in which an eligible applicant who is a dental hygienist desires to practice.

AB367, s. 49 Section 49. 560.184 (7) (a) of the statutes is amended to read:

AB367,25,6 560.184 (7) (a) Advise the department and council on the identification of communities with an extremely high need for health care, including dental heath care.

AB367, s. 50 Section 50 . 560.184 (8) (c) 1., 2. and 3. of the statutes are amended to read:

AB367,25,9 560.184 (8) (c) 1. Accept If the health care provider is not a dental hygienist, accept medicare assignment as payment in full for services or articles provided.

AB367,25,13 2. Use a sliding fee scale or a comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the physician's health care provider's services.

AB367,25,16 3. Practice at a public or private nonprofit entity in a health professional shortage area, if the health care provider is not a dental hygienist, or in a dental health professional shortage area, if the health care provider is a dental hygienist.

AB367, s. 51 Section 51. 560.185 (1) of the statutes is amended to read:

AB367,25,20 560.185 (1) Advise the department on matters related to the physician and dentist loan assistance program under s. 560.183 and the health care provider loan assistance program under s. 560.184.

Note: This Section modifies the statute that requires the rural health development council to advise the department on matters related to the two loan assistance programs addressed in the bill. This Section modifies the name of the physician loan assistance program to be the physician and dentist loan assistance program.

AB367, s. 52 Section 52. Nonstatutory provisions.

AB367,26,6 (1) The department of health and family services shall prepare a plan for development of a comprehensive oral health data collection system. The plan shall identify data to be collected, sources from which the data can be collected, costs of implementing the system, and any statutory changes that are needed. The department shall submit its plan to the legislature, in the manner provided under section 13.172 (2) of the statutes, and to the governor by September 1, 2002.

AB367,26,12 (2) The department of health and family services shall prepare a report on its efforts to reduce the requirement for prior authorization for dental services under medical assistance and to simplify the prior authorization process for dental services. The department shall submit its report to the legislature, in the manner provided under section 13.172 (2) of the statutes, and to the governor by the first day of the 6th month beginning after the effective date of this subsection.

Note: Subsections (1 ) and (2) of this Section require the department of health and family services to prepare two reports for submission to the governor and the legislature. The first report would be a plan for development of a comprehensive oral health data collection system, which must identify data to be collected, sources from which the data can be collected, costs of implementing the system, and any statutory changes that are needed. The second report would be on the department's efforts to reduce the requirement for prior authorization for dental services under medical assistance and to simplify the prior authorization process for dental services.

AB367,26,19 (3) The department of health and family services and the department of regulation and licensing shall jointly prepare reports on whether the provisions of this act that modify sections 447.06 and 447.065 of the statutes have improved access to dental services and dental hygiene services. The departments shall submit the reports to the legislature, in the manner provided under section 13.172 (2) of the statutes, and to the governor by the first day of the 24th month and the first day of the 48th month beginning after the effective date of this subsection.

Note: Subsection (3 ) of this Section requires the department of health and family services and the department of regulation and licensing jointly to prepare reports on whether the provisions of this act that relate to scope of practice of dental hygienists and delegation by dentists to dental hygienists and unlicensed individuals have improved access to dental services and dental hygiene services.