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.
447.04 447.04 Licensure.
447.04(1)(1)Dentists.
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)2. 2. Pays the fee specified in s. 440.05 (1).
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.a. a. Pays the fee specified in s. 440.05 (2).
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) (2)Dental hygienists.
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)2. 2. Pays the fee specified in s. 440.05 (1).
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 History History: 1989 a. 349; 1997 a. 96; 2001 a. 16, 109.
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.
447.05 History History: 1989 a. 349; 1991 a. 39; 2005 a. 318.
447.055 447.055 Continuing education.
447.055(1) (1)
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) (2)
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)1. 1. In a dental office.
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)5. 5. For a local health department, as defined in s. 250.01 (4).
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)7. 7. For a nonprofit home health care agency.
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)2. 2. If the dental hygienist is certified under s. 447.04 (2) (c) 1., local anesthesia.
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.
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This is an archival version of the Wis. Stats. database for 2005. See Are the Statutes on this Website Official?