AB56: Bill Text

AB56,1012,24 28. Any additional services, treatments, or procedures specified in the rules promulgated under s. 447.02 (1) (g).

AB56,1013,10 (c) 1. A dental therapist licensed under this chapter may provide dental therapy services only under the general supervision of a qualifying dentist with whom the dental therapist has entered into a collaborative management agreement. For purposes of this subdivision, general supervision of a dental therapist by a dentist requires that a task or procedure be performed by a dental therapist with the prior knowledge and consent of the dentist, but does not require the presence of the dentist in the office or on the premises at the time a task or procedure is being performed by the dental therapist and does not require prior examination or diagnosis of a patient by the dentist before the dental therapist provides dental therapy services to the patient.

AB56,1013,17 2. A supervising dentist shall accept responsibility for all services performed by a dental therapist pursuant to a collaborative management agreement. If services needed by a patient are beyond the dental therapist's scope of practice or authorization under the collaborative management agreement, the dental therapist shall, to the extent required under the collaborative management agreement, consult with the supervising dentist as needed to arrange for those services to be provided by a dentist or another qualified health care professional.

AB56,1013,21 (d) 1. Prior to providing any dental therapy services, a dental therapist shall enter into a written collaborative management agreement with a qualifying dentist who will serve as a supervising dentist under par. (c). The agreement must be signed by the dental therapist and the qualifying dentist and address all of the following:

AB56,1013,23 a. The practice settings where services may be provided and the patient populations that may be served.

AB56,1014,3 b. Any conditions or limitations on the services that may be provided by the dental therapist, the level of supervision required, and any circumstances requiring consultation prior to performing services.

AB56,1014,4 c. Age-specific and procedure-specific practice protocols.

AB56,1014,5 d. Dental record-keeping procedures.

AB56,1014,6 e. Plans for managing dental or medical emergencies.

AB56,1014,8 f. A quality assurance plan for monitoring care provided by the dental therapist.

AB56,1014,9 g. Protocols for administering and dispensing medications.

AB56,1014,11 h. Criteria or protocols relating to the provision of care to patients with specific medical conditions, treatments, or medications.

AB56,1014,12 i. Policies relating to supervision of dental hygienists and other staff.

AB56,1014,15 j. A plan for the referral of patients to other dental or health care professionals or clinics when services needed are beyond the scope of practice or authorization of the dental therapist.

AB56,1014,17 k. Whether and to what extent the dental therapist may perform services described in par. (b) 15.

AB56,1014,19 2. a. A collaborative management agreement shall be limited to covering one qualifying dentist and one dental therapist.

AB56,1014,21 b. A dental therapist may enter into multiple collaborative management agreements.

AB56,1014,23 c. No dentist may have collaborative management agreements with more than 5 dental therapists at any time.

AB56,2050 Section 2050 . 447.065 of the statutes is amended to read:

AB56,1015,5 447.065 Delegation of remediable procedures and dental practices. (1) A dentist or dental therapist 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 if all of the following conditions are met:

AB56,1015,7 (a) The unlicensed individual performs the remediable procedures in accordance with a treatment plan approved by the dentist or dental therapist.

AB56,1015,9 (b) The dentist or dental therapist is on the premises when the unlicensed individual performs the remediable procedures.

AB56,1015,11 (c) The unlicensed individual's performance of the remediable procedures is subject to inspection by the dentist or dental therapist.

AB56,1015,18 (2) Subject to the requirements under s. 447.06 (2), a dentist or dental therapist who is licensed to practice dentistry under this chapter may delegate to a dental hygienist who is licensed to practice dental hygiene under this chapter the performance of remediable procedures and the administration of oral systemic premedications, local anesthesia, nitrous oxide inhalation analgesia, and subgingival sustained release chemotherapeutic agents, to the extent the dentist or dental therapist has the authority to perform the activity personally.

AB56,1015,21 (3) A dentist or dental therapist who delegates to another individual the performance of any practice or remediable procedure is responsible for that individual's performance of that delegated practice or procedure.

AB56,2051 Section 2051 . 447.07 (1) of the statutes is amended to read:

AB56,1016,3 447.07 (1) The examining board may, without further notice or process, limit, suspend, or revoke the license or certificate of any dentist, dental therapist, or dental hygienist, or the registration of a mobile dentistry program registrant, who fails, within 60 days after the mailing of written notice to the dentist's, dental therapist's, dental hygienist's, or registrant's last-known address, to renew the license, certificate, or registration.

AB56,2052 Section 2052 . 447.07 (3) (intro.) of the statutes is amended to read:

AB56,1016,16 447.07 (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, dental therapist, or dental hygienist, of a mobile dentistry program registrant, or of any other person it has reason to believe is engaged in or has engaged in the practice of dentistry, dental therapy, or dental hygiene, or the operation of a mobile dentistry program, in this state, and may, on its own motion, or upon complaint in writing, reprimand any dentist , dental therapist, or dental hygienist who is licensed or certified under this chapter, or any mobile dentistry program registrant, or deny, limit, suspend, or revoke his or her license or certificate, or the registration of the mobile dentistry program registrant, if it finds that the dentist, dental therapist, dental hygienist, or mobile dentistry program registrant has done any of the following:

AB56,2053 Section 2053 . 447.07 (3) (e) to (h) of the statutes are amended to read:

AB56,1016,20 447.07 (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, dental therapy, or dental hygiene or the operation of a mobile dentistry program.

AB56,1016,23 (f) Violated this chapter or any federal or state statute or rule that relates to the practice of dentistry, dental therapy, or dental hygiene, or the operation of a mobile dentistry program.

AB56,1017,3 (g) Subject to ss. 111.321, 111.322 and 111.34, practiced dentistry, dental therapy, or dental hygiene while his or her ability was impaired by alcohol or other drugs.

AB56,1017,6 (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 , dental therapy, or dental hygiene.

AB56,2054 Section 2054 . 447.40 (intro.) of the statutes is amended to read:

AB56,1017,15 447.40 Informed consent. (intro.) Any dentist or dental therapist who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable dentist standard is the standard for informing a patient under this section. The reasonable dentist standard requires disclosure only of information that a reasonable dentist would know and disclose under the circumstances. The dentist's or dental therapist's duty to inform the patient under this section does not require disclosure of any of the following:

AB56,2055 Section 2055 . 447.40 (6) of the statutes is amended to read:

AB56,1017,19 447.40 (6) Information about alternate modes of treatment for any condition the dentist or dental therapist has not included in his or her diagnosis, assessment, or treatment plan at the time the dentist or dental therapist informs the patient.

AB56,2056 Section 2056 . 448.03 (2) (a) of the statutes is amended to read:

AB56,1018,2 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice midwifery under subch. XIII of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry, dental therapy, or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or under any other statutory provision, or as otherwise provided by statute.

AB56,2057 Section 2057 . 448.21 (1) (a) of the statutes is amended to read:

AB56,1018,5 448.21 (1) (a) The practice of dentistry, dental therapy, or dental hygiene within the meaning of ch. 447.

AB56,2058 Section 2058 . 450.03 (1) (e) of the statutes is amended to read:

AB56,1018,13 450.03 (1) (e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under s. 450.076, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice dentistry, dental therapy, or dental hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine under ch. 89, or as otherwise provided by statute.

AB56,2059 Section 2059 . 450.10 (3) (a) 4. of the statutes is amended to read:

AB56,1018,15 450.10 (3) (a) 4. A dentist or dental therapist licensed under ch. 447.

AB56,2060 Section 2060 . 452.14 (3) (n) of the statutes is amended to read:

AB56,1018,20 452.14 (3) (n) Treated any person unequally solely because of sex, race, color, handicap, national origin, ancestry, marital status, lawful source of income, status as a holder or nonholder of a license under s. 343.03 (3m), or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u).

AB56,2061 Section 2061 . 462.02 (2) (d) of the statutes is amended to read:

AB56,1018,24 462.02 (2) (d) A dentist licensed under s. 447.04 (1), a dental therapist licensed under s. 447.04 (1m), a dental hygienist licensed under s. 447.04 (2), or a person under the direct supervision of a dentist.

AB56,2062 Section 2062 . 462.04 of the statutes is amended to read:

AB56,1019,9 462.04 Prescription or order required. A person who holds a license or limited X-ray machine operator permit under this chapter may not use diagnostic X-ray equipment on humans for diagnostic purposes unless authorized to do so by prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed under s. 447.04 (1), a dental therapist licensed under s. 447.04 (1m), a podiatrist licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician assistant licensed under s. 448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical therapist licensed under s. 448.53.

AB56,2063 Section 2063 . 463.10 (5) of the statutes is amended to read:

AB56,1019,14 463.10 (5) Exception. Subsections (2) to (4m) do not apply to a dentist who is licensed under s. 447.03 (1) or to a , dental therapist, or physician who tattoos or offers to tattoo a person in the course of the dentist's, dental therapist's, or physician's professional practice.

AB56,2064 Section 2064 . 463.12 (5) of the statutes is amended to read:

AB56,1019,19 463.12 (5) Exception. Subsections (2) to (4m) do not apply to a dentist who is licensed under s. 447.03 (1) or to a , dental therapist, or physician who pierces the body of or offers to pierce the body of a person in the course of the dentist's, dental therapist's, or physician's professional practice.

AB56,2065 Section 2065. 565.10 (17) of the statutes is created to read:

AB56,1020,2 565.10 (17) Setoff against retailer compensation. The department shall setoff any debt or other amount owed to the department, regardless of the origin, nature, or date of the debt or amount, against any compensation or payment owed to a lottery retailer under this chapter, whether owed by statute, rule, or contract. If, after the setoff, additional compensation or payment is due, the department shall setoff the remaining amount against all certified debts owed by the lottery retailer under ss. 71.93 and 71.935.

AB56,2066 Section 2066. 565.12 (1) (intro.) of the statutes is amended to read:

AB56,1020,6 565.12 (1) (intro.) A lottery retailer contract entered into under s. 565.10 may be terminated or suspended for a specified period if the department finds that the retailer has done any of the following before or after the contract was entered into:

AB56,2067 Section 2067. 565.30 (5) of the statutes is amended to read:

AB56,1021,13 565.30 (5) Withholding of delinquent state taxes, child support or debts owed the state. The administrator shall report the name, address and social security number or federal income tax number of each winner of a lottery prize equal to or greater than $600 and the name, address and social security number or federal income tax number of each person to whom a lottery prize equal to or greater than $600 has been assigned to the department of revenue to determine whether the payee or assignee of the prize is delinquent in the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139 or, if applicable, in the court-ordered payment of child support or has a debt owing to the state under s. 71.93 or 71.935. Upon receipt of a report under this subsection, the department of revenue shall first ascertain based on certifications by the department of children and families or its designee under s. 49.855 (1) whether any person named in the report is currently delinquent in court-ordered payment of child support, and shall next certify to the administrator, whether any person named in the report is delinquent in court-ordered payment of child support or based on certifications by the department of children and families under s. 49.855 (1), is delinquent in the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139, or has a debt under s. 71.93 or 71.935. Upon this certification by the department of revenue or upon court order the administrator shall withhold the certified amount and send it to the department of revenue for remittance to the appropriate agency or person. The department of revenue shall charge the winner or assignee of the lottery prize for the department of revenue's administrative expenses associated with withholding and remitting debt owed to a state agency a collection fee and may withhold the amount of the administrative expenses collection fee from the prize payment. The administrative expenses collection fee received or withheld by the department of revenue shall be credited to the appropriation under s. 20.566 (1) (h). In instances in which the payee or assignee of the prize is delinquent both in payments for state taxes and in court-ordered payments of child support, or is delinquent in one or both of these payments and has a debt owing to the state under s. 71.93 or 71.935, the amount remitted to the appropriate agency or person shall be in proportion to the prize amount as is the delinquency or debt owed by the payee or assignee setoff under s. 71.93 (3) (a).

AB56,2068 Section 2068. 601.31 (1) (n) of the statutes is amended to read:

AB56,1021,18 601.31 (1) (n) For appointing, or renewing an appointment of, an agent under s. 628.11, $16 annually for resident agents or $30 $40 annually for nonresident agents, unless the commissioner sets a higher fee by rule, to be paid at times and under procedures set by the commissioner.

AB56,2069 Section 2069 . 601.83 (1) (a) of the statutes is amended to read:

AB56,1022,7 601.83 (1) (a) The commissioner shall administer a state-based reinsurance program known as the healthcare stability plan in accordance with the specific terms and conditions approved by the federal department of health and human services dated July 29, 2018. Before December 31, 2023, the commissioner may not request from the federal department of health and human services a modification, suspension, withdrawal, or termination of the waiver under 42 USC 18052 under which the healthcare stability plan under this subchapter operates unless legislation has been enacted specifically directing the modification, suspension, withdrawal, or termination. Before December 31, 2023, the commissioner may request renewal, without substantive change, of the waiver under 42 USC 18052 under which the health care stability plan operates in accordance with s. 20.940 (4) unless legislation has been enacted that is contrary to such a renewal request. The commissioner shall comply with applicable timing in and requirements of s. 20.940.

AB56,2070 Section 2070. 609.713 of the statutes is created to read:

AB56,1022,10 609.713 Essential health benefits; preventive services. Defined network plans and preferred provider plans are subject to s. 632.895 (13m) and (14m).

AB56,2071 Section 2071. 609.847 of the statutes is created to read:

AB56,1022,14 609.847 Preexisting condition discrimination and certain benefit limits prohibited. Limited service health organizations, preferred provider plans, and defined network plans are subject to s. 632.728.

AB56,2072 Section 2072. 625.12 (1) (a) of the statutes is amended to read:

AB56,1022,17 625.12 (1) (a) Past and prospective loss and expense experience within and outside of this state, except as provided in s. 632.728.

AB56,2073 Section 2073. 625.12 (1) (e) of the statutes is amended to read:

AB56,1022,20 625.12 (1) (e) Subject to s. ss. 632.365 and 632.728, all other relevant factors, including the judgment of technical personnel.

AB56,2074 Section 2074. 625.12 (2) of the statutes is amended to read:

AB56,1023,5 625.12 (2) Classification. Risks Except as provided in s. 632.728, risks may be classified in any reasonable way for the establishment of rates and minimum premiums, except that no classifications may be based on race, color, creed or national origin, and classifications in automobile insurance may not be based on physical condition or developmental disability as defined in s. 51.01 (5). Subject to s. ss. 632.365 and 632.728, rates thus produced may be modified for individual risks in accordance with rating plans or schedules that establish reasonable standards for measuring probable variations in hazards, expenses, or both. Rates may also be modified for individual risks under s. 625.13 (2).

AB56,2075 Section 2075. 625.15 (1) of the statutes is amended to read:

AB56,1023,14 625.15 (1) Rate making. An Except as provided in s. 632.728, an insurer may itself establish rates and supplementary rate information for one or more market segments based on the factors in s. 625.12 and, if the rates are for motor vehicle liability insurance, subject to s. 632.365, or the insurer may use rates and supplementary rate information prepared by a rate service organization, with average expense factors determined by the rate service organization or with such modification for its own expense and loss experience as the credibility of that experience allows.

AB56,2076 Section 2076. 628.34 (3) (a) of the statutes is amended to read:

AB56,1023,22 628.34 (3) (a) No insurer may unfairly discriminate among policyholders by charging different premiums or by offering different terms of coverage except on the basis of classifications related to the nature and the degree of the risk covered or the expenses involved, subject to ss. 632.365, 632.728, 632.746 and 632.748. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, blanket or franchise policy, and terms are not unfairly discriminatory merely because they are more favorable than in a similar individual policy.

AB56,2077 Section 2077 . 632.35 of the statutes is amended to read:

AB56,1024,3 632.35 Prohibited rejection, cancellation and nonrenewal. No insurer may cancel or refuse to issue or renew an automobile insurance policy wholly or partially because of one or more of the following characteristics of any person: age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status or, occupation, or status as a holder or nonholder of a license under s. 343.03 (3m).

AB56,2078 Section 2078. 632.697 of the statutes is amended to read:

AB56,1024,13 632.697 Benefits subject to department's right to recover. Death benefits payable under a life insurance policy or an annuity are subject to the right of the department of health services to recover under s. 46.27 (7g) , 2017 stats., 49.496, 49.682, or 49.849 an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support services under s. 46.27, 2017 stats., that is recoverable under s. 46.27 (7g) (c) 1., 2017 stats., and that was paid on behalf of the deceased policyholder or annuitant.

AB56,2079 Section 2079. 632.728 of the statutes is created to read:

AB56,1024,16 632.728 Coverage of persons with preexisting conditions; guaranteed issue; benefit limits. (1) Definitions. In this section:

AB56,1024,17 (a) “Health benefit plan” has the meaning given in s. 632.745 (11).

AB56,1024,18 (b) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

AB56,1024,24 (2) Guaranteed issue. (a) Every individual health benefit plan shall accept every individual in this state who, and every group health benefit plan shall accept every employer in this state that, applies for coverage, regardless of sexual orientation, gender identity, or whether or not any employee or individual has a preexisting condition. A health benefit plan may restrict enrollment in coverage described in this paragraph to open or special enrollment periods.