447.36 Consideration of interests in addition to members' interests.
447.38 Limited liability of directors and officers.
Ch. 447 Cross-reference
Cross-reference: See definitions in s.
440.01.
447.01
447.01
Definitions. In this chapter:
447.01(1)
(1) "Accredited" means accredited by the American Dental Association commission on dental accreditation or its successor agency.
447.01(2)
(2) "Dental disease" means any pain, injury, deformity, physical illness or departure from complete dental health or the proper condition of the human oral cavity or any of its parts.
447.01(3)
(3) "Dental hygiene" means the performance of educational, preventive or therapeutic dental services. "Dental hygiene" includes any of the following:
447.01(3)(a)
(a) Removing supragingival or subgingival calcareous deposits, subgingival cement or extrinsic stains from a natural or restored surface of or a fixed replacement for a human tooth.
447.01(3)(b)
(b) Deep scaling or root planing a human tooth.
447.01(3)(c)
(c) Conditioning a human tooth surface in preparation for the placement of a sealant and placing a sealant.
447.01(3)(d)
(d) Conducting a substantive medical or dental history interview or preliminary examination of a dental patient's oral cavity or surrounding structures, including the preparation of a case history or recording of clinical findings.
447.01(3)(e)
(e) Conducting an oral screening without the written prescription of a dentist.
447.01(3)(f)
(f) Participating in the development of a dental patient's dental hygiene treatment plan.
447.01(4)
(4) "Dental hygiene student" means an individual who is enrolled in and in regular attendance at an accredited dental hygiene school.
447.01(5)
(5) "Dental hygienist" means an individual who practices dental hygiene.
447.01(6)
(6) "Dental student" means an individual who is enrolled in and in regular attendance at an accredited dental school.
447.01(7)
(7) "Dentist" means an individual who practices dentistry.
447.01(8)
(8) "Dentistry" means the examination, diagnosis, treatment, planning or care of conditions within the human oral cavity or its adjacent tissues and structures. "Dentistry" includes any of the following:
447.01(8)(a)
(a) Examining into the fact, condition or cause of dental health or dental disease or applying principles or techniques of dental science in the diagnosis, treatment or prevention of or prescription for any of the lesions, dental diseases, disorders or deficiencies of the human oral cavity, teeth, investing tissues, maxilla or mandible, or adjacent associated structures.
447.01(8)(b)
(b) Extracting human teeth or correcting their malposition.
447.01(8)(c)
(c) Directly or indirectly, by mail, carrier, person or any other method, furnishing, supplying, constructing, reproducing or repairing prosthetic dentures, bridges, appliances or other structures to be used or worn as substitutes for natural human teeth; or placing such substitutes in the mouth directly or indirectly or adjusting the same; or taking, making or giving advice or assistance or providing facilities for the taking or making of any impression, bite, cast or design preparatory to, or for the purpose of, or with a view to the making, producing, reproducing, constructing, fitting, furnishing, supplying, altering or repairing of any such prosthetic denture, bridge or appliance; or taking impressions for or fitting athletic mouthguards.
447.01(8)(d)
(d) Administering anesthetics, either general or local, while performing or claiming to perform dental services.
447.01(8)(e)
(e) Prescribing or administering drugs in the course of or incident to the rendition of dental services, or as part of a representation that dental services have been or will be rendered.
447.01(8)(f)
(f) Engaging in any of the practices, techniques or procedures included in the curricula of accredited dental schools.
447.01(8)(g)
(g) Penetrating, piercing or severing the tissues within the human oral cavity or adjacent associated structures. This paragraph does not apply to care or treatment rendered by a physician, as defined in
s. 448.01 (5), acting within the scope of the practice of medicine and surgery, as defined in
s. 448.01 (9).
447.01(8)(h)
(h) Developing a treatment plan for a dental patient to treat, operate, prescribe or advise for the patient by any means or instrumentality. Nothing in this paragraph prohibits a dental hygienist from participating in the development of a dental patient's dental hygiene treatment plan.
447.01(9)
(9) "Examining board" means the dentistry examining board.
447.01(12)
(12) "Remediable procedures" means patient procedures that create changes within the oral cavity or surrounding structures that are reversible and do not involve any increased health risks to the patient.
447.01(13)
(13) "Written or oral prescription" means specific written or oral authorization by a dentist who is licensed to practice dentistry under this chapter to perform patient procedures according to a clearly defined treatment plan developed by the dentist.
447.01 History
History: 1989 a. 56;
1989 a. 349 ss.
4,
5,
8 to
10.
447.02
447.02
Dentistry examining board. 447.02(1)
(1) The examining board may promulgate rules:
447.02(1)(a)
(a) Governing the reexamination of an applicant who fails an examination specified in
s. 447.04 (1) (a) 5. or
(2) (a) 5. The rules may specify additional educational requirements for those applicants and may specify the number of times an applicant may be examined.
447.02(1)(b)
(b) Governing the standards and conditions for the use of radiation and ionizing equipment in the practice of dentistry.
447.02(1)(d)
(d) Specifying practices, in addition to the practices specified under
s. 447.01 (3) (a) to
(f), that are included within the practice of dental hygiene.
447.02(1)(e)
(e) Providing for the granting of temporary licenses under this chapter.
447.02(2)
(2) The examining board shall promulgate rules specifying all of the following:
447.02(2)(b)
(b) The standards, conditions and any educational requirements that are in addition to the requirements specified in
s. 447.04 (1) that must be met by a dentist to be permitted to induce general anesthesia or conscious sedation in connection with the practice of dentistry.
447.02(2)(c)
(c) Whether an individual is required to be licensed under this chapter to remove plaque or materia alba accretions with mechanical devices.
447.02(2)(d)
(d) The oral systemic premedications and subgingival sustained release chemotherapeutic agents that may be administered by a dental hygienist licensed under this chapter under
s. 447.06 (2) (e) 1. and
3.
447.02(2)(e)
(e) The educational requirements for administration of local anesthesia by a dental hygienist licensed under this chapter under
s. 447.06 (2) (e) 2.
447.02(3)(a)(a) The examining board may issue a permit authorizing the practice in this state, without compensation, of dentistry or dental hygiene to an applicant who is licensed to practice dentistry or dental hygiene in another state, if all of the following apply:
447.02(3)(a)1.
1. The examining board determines that the applicant's services will improve the welfare of Wisconsin residents.
447.02(3)(a)2.
2. The examining board determines that the applicant is qualified and satisfies the criteria specified under
s. 447.04 (1) (b) 1. to
3., except that the examining board may not require the applicant to pass an examination of state statutes and rules relating to dentistry or dental hygiene.
447.02(3)(b)
(b) A permit under this subsection shall authorize the practice of dentistry or dental hygiene in a specified area of the state for a period of time not more than 10 days in a year and may be renewed by the examining board. The examining board may not require an applicant to pay a fee for the issuance or renewal of a permit under this subsection.
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) and
ss. 257.03 and
447.02 (3), no person may do any of the following unless he or she is licensed to practice dentistry under this chapter:
447.03 Note
NOTE: Sub. (1) (intro.) is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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) and
s. 447.02 (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;
2005 a. 96;
2009 a. 10,
42; s. 13.92 (2) (i).
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,
292 Wis. 2d 154,
713 N.W.2d 152,
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.
