447.02 History
History: 1989 a. 349;
1997 a. 96.
447.02 Cross-reference
Cross Reference: See also DE and chs.
DE 7 and
11, Wis. adm. code.
447.03
447.03
License required. 447.03(1)(1)
Dentists. 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:
447.03(1)(b)
(b) Use or permit to be used, directly or indirectly, for a profit or otherwise for himself or herself, or for any other person, the title, or append to his or her name the words or letters, "doctor", "Dr.", "Doctor of Dental Surgery", "D.D.S.", or "D.M.D.", or any other letters, titles, degrees, terms or descriptive matter, personal or not, which directly or indirectly represent him or her to be engaged in the practice of dentistry.
447.03(1)(c)
(c) Inform the public directly or indirectly in any language, orally, in writing or printing, or by drawings, demonstrations, signs, pictures or other means that he or she can perform or will attempt to perform dental services of any kind.
447.03(2)
(2) Dental hygienists. Except as provided under
sub. (3), no person may do any of the following unless he or she is licensed to practice dental hygiene under this chapter:
447.03(2)(a)
(a) Practice or offer to practice dental hygiene.
447.03(2)(b)
(b) Represent himself or herself to the public as a dental hygienist or use, in connection with his or her name, any title or description that may convey the impression that he or she is a dental hygienist.
447.03(3)
(3) Exceptions. No license or certificate under this chapter is required for any of the following:
447.03(3)(a)
(a) A dental student who practices dentistry under the supervision of a dentist in an infirmary, clinic, hospital or other institution connected or associated for training purposes with an accredited dental school.
447.03(3)(b)
(b) A dental hygiene student who practices dental hygiene under the supervision of a dentist in an infirmary, clinic, hospital or other institution connected or associated for training purposes with an accredited dental hygiene school.
447.03(3)(c)
(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.
447.03(3)(d)
(d) Any of the following individuals who do not engage in the private practice of dentistry and do not have an office outside the institution at which he or she is appointed or employed:
447.03(3)(d)1.
1. A nonclinical instructor in dental science who is employed by an accredited dental school.
447.03(3)(d)2.
2. A dental fellow engaged in dental science teaching or research who is appointed by and is under the supervision of the faculty of an accredited dental school.
447.03(3)(d)3.
3. A dental intern who is appointed by a hospital located in this state, if the hospital is accredited for dental internship training and the internship does not exceed one year.
447.03(3)(d)4.
4. A dental resident who is appointed by a hospital located in this state for a 2nd or subsequent year of advanced study of dental science if the hospital is accredited for dental residency training.
447.03(3)(e)
(e) Any examiner representing a testing service approved by the examining board.
447.03(3)(f)
(f) A dental laboratory or dental laboratory technician to construct appliances or restorations for dentists if all of the following apply:
447.03(3)(f)1.
1. The appliances or restorations are constructed upon receipt from a dentist of impressions or measurements, directions, and a written work authorization on a form approved by the examining board.
447.03(3)(f)2.
2. The amounts payable for the services are billed to the dentist.
447.03(3)(h)
(h) A physician or surgeon licensed in this state who extracts teeth, or operates upon the palate or maxillary bones and investing tissues, or who administers anesthetics, either general or local.
447.03 History
History: 1989 a. 349 ss.
15,
18;
1997 a. 96.
447.03 Cross-reference
Cross Reference: See also chs.
DE 2,
3,
4,
9,
11, and
12, Wis. adm. code.
447.03 Annotation
Tort-based informed consent law requires a showing that a failure to disclose information caused actual injury. The standards of unprofessional conduct do not require such a showing. Unprofessional conduct includes practicing in a manner that substantially departs from the standard of care ordinarily exercised by a dentist that harms or could have harmed a patient. Painter v. Dentistry Examining Board, 2003 WI App 123,
265 Wis. 2d 248,
665 N.W.2d 397,
02-2218.
447.04(1)(a)(a) The examining board shall grant a license to practice dentistry to an individual who does all of the following:
447.04(1)(a)1.
1. Submits an application for the license to the department on a form provided by the department.
447.04(1)(a)3.
3. Submits evidence satisfactory to the examining board that he or she has graduated from an accredited dental school.
447.04(1)(a)4.
4. Submits evidence satisfactory to the examining board that he or she has passed the national dental examination and the examination of a dental testing service approved by the examining board.
447.04(1)(a)5.
5. Passes an examination administered by the examining board on the statutes and rules relating to dentistry.
447.04(1)(a)6.
6. Completes any other requirements established by the examining board by rule.
447.04(1)(b)
(b) Except as provided in
par. (c), the examining board may grant a license to practice dentistry to an individual who is licensed in good standing to practice dentistry 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 board by rule and upon presentation of the license and payment of the fee specified under
s. 440.05 (2).
447.04(1)(c)1.1. The examining board shall grant a license to practice dentistry to an applicant who is licensed in good standing to practice dentistry in another jurisdiction upon presentation of the license and who does all of the following:
447.04(1)(c)1.b.
b. Submits evidence satisfactory to the examining board that the applicant has been offered employment as a full-time faculty member at a school of dentistry in this state.
447.04(1)(c)1.c.
c. Makes responses during any interview that the examining board may require that demonstrate, to the satisfaction of the examining board, that the applicant is competent to practice dentistry.
447.04(1)(c)2.
2. A license granted under
subd. 1. authorizes the license holder to practice dentistry only within educational facilities.
447.04(1)(c)3.
3. A license granted under
subd. 1. is no longer in effect if the license holder ceases to be employed as a full-time faculty member at a school of dentistry in this state.
447.04(1)(c)4.
4. The examining board may promulgate rules to carry out the purposes of this paragraph.
447.04(2)(a)(a) The examining board shall grant a license to practice dental hygiene to an individual who does all of the following:
447.04(2)(a)1.
1. Submits an application for the license to the department on a form provided by the department.
447.04(2)(a)3.
3. Submits evidence satisfactory to the examining board that he or she has graduated from an accredited dental hygiene school.
447.04(2)(a)4.
4. Submits evidence satisfactory to the examining 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 board.
447.04(2)(a)5.
5. Passes an examination administered by the examining board on the statutes and rules relating to dental hygiene.
447.04(2)(a)6.
6. Completes any other requirements established by the examining board by rule.
447.04(2)(b)
(b) The examining 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 board by rule and upon presentation of the license and payment of the fee specified under
s. 440.05 (2).
447.04(2)(c)1.1. The examining board shall grant a certificate to administer local anesthesia to a dental hygienist who is licensed under
par. (a) or
(b), and who submits evidence satisfactory to the examining board that he or she satisfies the educational requirements established in rules promulgated under
s. 447.02 (2) (e).
447.04(2)(c)2.
2. No fee may be charged for a certificate granted under
subd. 1. A certificate granted under
subd. 1. remains in effect while the dental hygienist's license granted under
par. (a) or
(b) remains in effect unless the certificate is suspended or revoked by the examining board.
447.04 Cross-reference
Cross Reference: See also chs.
DE 2,
3, and
4, Wis. adm. code.
447.05
447.05
Expiration and renewal. 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).
447.05 History
History: 1989 a. 349;
1991 a. 39.
447.06
447.06
Practice limitations. 447.06(1)
(1) 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. Nothing in this subsection 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.
447.06(2)(a)(a) A hygienist may practice dental hygiene or perform remediable procedures only as an employee or as an independent contractor and only as follows:
447.06(2)(a)2.
2. For a school board or a governing body of a private school.
447.06(2)(a)3.
3. For a school for the education of dentists or dental hygienists.
447.06(2)(a)4.
4. For a facility, as defined in
s. 50.01 (1m), a hospital, as defined in
s. 50.33 (2), a state or federal prison, county jail or other federal, state, county or municipal correctional or detention facility, or a facility established to provide care for terminally ill patients.
447.06(2)(a)6.
6. For a charitable institution open to the general public or to members of a religious sect or order.
447.06(2)(a)8.
8. For a nonprofit dental care program serving primarily indigent, economically disadvantaged or migrant worker populations.
447.06(2)(b)
(b) A dental hygienist may practice dental hygiene or perform remediable procedures under
par. (a) 1.,
4.,
6.,
7. or
8. only as authorized by a dentist who is licensed to practice dentistry under this chapter and who is present in the facility in which those practices or procedures are performed, except as provided in
par. (c).
447.06(2)(c)
(c) A dental hygienist may practice dental hygiene or perform remediable procedures under
par. (a) 1.,
4.,
6.,
7. or
8. if a dentist who is licensed to practice dentistry under this chapter is not present in the facility in which those practices or procedures are performed only if all of the following conditions are met:
447.06(2)(c)1.
1. The dental hygiene practices or remediable procedures are performed under a written or oral prescription.
447.06(2)(c)2.
2. The dentist who made the written or oral prescription has examined the patient at least once during the 12-month period immediately preceding:
447.06(2)(c)2.a.
a. The date on which the written or oral prescription was made; and
447.06(2)(c)2.b.
b. The date on which the dental hygiene practices or remediable procedures are performed.
447.06(2)(c)3.
3. The written or oral prescription specifies the practices and procedures that the dental hygienist may perform with the informed consent of the patient or, if applicable, the patient's parent or legal guardian.
447.06(2)(c)4.
4. If the practices or procedures are performed in a dental office, the patient has been the dentist's patient of record for not less than 6 months.
447.06(2)(d)
(d) A dental hygienist may not diagnose a dental disease or ailment, determine any treatment or any regimen of any treatment outside of the scope of dental hygiene, prescribe or order medication or perform any procedure that involves the intentional cutting of soft or hard tissue of the mouth by any means.
447.06(2)(e)
(e) Pursuant to a treatment plan approved by a dentist who is licensed under this chapter, a dental hygienist licensed under this chapter may administer the following upon delegation by the dentist if the dentist remains on the premises in which the practices are performed and is available to the patient throughout the completion of the appointment:
447.06(2)(e)1.
1. Oral systemic premedications specified by the examining board by rule.
447.06(2)(e)3.
3. Subgingival sustained release chemotherapeutic agents specified by the examining board by rule.
447.06 History
History: 1989 a. 349 ss.
13,
16 to
19;
1993 a. 27;
1997 a. 96.
447.065
447.065
Delegation of remediable procedures and dental practices.
