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;
2005 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.
447.03 Annotation
The 5-pronged test of Gimenez,
203 Wis. 2d 349, does not apply to cases in which fraud and misrepresentation are alleged. Gimenez expressly limits the application of the test to cases in which the medical professional is charged with choosing a course of treatment that is dangerous or detrimental to his or her patient or the public. It does not apply to allegations of unprofessional conduct by perpetrating a fraud on a patient in an attempt to obtain compensation. Krahenbuhl v. Wisconsin Dentistry Examining Board, 2006 WI App 73,
05-1376.
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). The examining board may not renew a license to practice dental hygiene unless the applicant for renewal attests that he or she has complied with
s. 447.055 and any rules promulgated by the department under
s. 447.055 and that he or she has a current certification in cardiopulmonary resuscitation.
447.055
447.055
Continuing education. 447.055(1)(a)(a) Except as provided in
subs. (3) and
(4), a person is not eligible for renewal of a license to practice dental hygiene unless the person has taught, prepared, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under
s. 440.08 (2) (a), 12 credit hours of continuing education relating to the clinical practice of dental hygiene that is sponsored or recognized by a local, state, regional, national, or international dental, dental hygiene, dental assisting, or medical-related professional organization.
447.055(1)(b)
(b) Continuing education required under
par. (a) may include training in all of the following:
447.055(1)(b)1.
1. Basic life support or cardiopulmonary resuscitation. Not more than 2 of the credit hours required under
par. (a) may be satisfied by such training.
447.055(1)(b)2.
2. Infection control. Not less than 2 of the credit hours required under
par. (a) must be satisfied by such training.
447.055(1)(c)
(c) Biennially, beginning January 1, 2007, the department shall consult with the examining board and with the department of health and family services regarding the number of credit hours of continuing education required for eligibility for renewal under
par. (a). After consulting with the examining board and the department of health and family services, and notwithstanding
par. (a), the department may promulgate a rule requiring not more than 20 nor less than 12 credit hours of continuing education for eligibility for renewal.
447.055(1)(d)
(d) After consultation with the examining board and with the department of health and family services, the department may promulgate rules requiring that continuing education credit hours under
par. (a) include courses in specific clinical subjects.
447.055(2)
(2) The credit hours required under
sub. (1) (a) may be satisfied by independent study, correspondence, or Internet programs or courses.
447.055(3)
(3) Subsection (1) (a) does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.
447.055(4)
(4) A person may substitute credit hours of college level courses related to the practice of dental hygiene for the credit hours required under
sub. (1) (a). For purposes of this subsection, one credit hour of a college level course is equivalent to 6 credit hours of continuing education.
447.055(5)
(5) For purposes of
sub. (1) (a), one hour of teaching or preparing a continuing education program is equivalent to one credit hour of continuing education, but a person who teaches or prepares a continuing education program may obtain credit for the program only once.
447.055(6)
(6) The examining board may require applicants for renewal of a license to practice dental hygiene to submit proof of compliance with the requirements of this section.
447.055 History
History: 2005 a. 318.
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.
