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. 447.065(1)(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 if all of the following conditions are met:
447.065(1)(a)
(a) The unlicensed individual performs the remediable procedures in accordance with a treatment plan approved by the dentist.
447.065(1)(b)
(b) The dentist is on the premises when the unlicensed individual performs the remediable procedures.
447.065(1)(c)
(c) The unlicensed individual's performance of the remediable procedures is subject to inspection by the dentist.
447.065(2)
(2) Subject to the requirements under
s. 447.06 (2), a dentist 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 and subgingival sustained release chemotherapeutic agents.
447.065(3)
(3) A dentist 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.
447.065 History
History: 1989 a. 349;
1997 a. 96.
447.067
447.067
Identification of removable prosthetic devices. 447.067(1)(1) Except as provided in
sub. (2), a dentist who constructs a removable prosthetic device shall mark the device with the patient's first and last name. Except as provided in
sub. (2), a dentist who authorizes a dental laboratory or dental laboratory technician to construct a removable prosthetic device shall ensure that the device is marked with the patient's first and last name.
447.067(2)
(2) The following exceptions apply to the identification required under
sub. (1):
447.067(2)(a)
(a) The first, middle and last name initials of the patient may be substituted for the first and last name of the patient if, in the professional judgment of the dentist, it is impracticable to mark the first and last name of the patient.
447.067(2)(b)
(b) The name and the initials of the patient may be omitted if each of those forms of identification is medically contraindicated.
447.067 History
History: 1993 a. 103.
447.07
447.07
Disciplinary proceedings. 447.07(1)
(1) The examining board may, without further notice or process, limit, suspend or revoke the license or certificate of any dentist or dental hygienist who fails, within 60 days after the mailing of written notice to the dentist's or dental hygienist's last-known address, to renew his or her license or certificate.
447.07(3)
(3) 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 or certified under this chapter or deny, limit, suspend or revoke his or her license or certificate if it finds that the dentist or dental hygienist has done any of the following:
