447.04 Cross-reference
Cross-reference: See also chs.
DE 2, and
3 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 determined by the department under
s. 440.03 (9) (a). The examining board may not renew a license to practice dentistry unless the applicant for renewal attests that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under
s. 46.03 (38) to provide such instruction. 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, that he or she has a current certification in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under
s. 46.03 (38) to provide such instruction.
447.055
447.055
Continuing education; dental hygienists. 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, other than a permit issued under
s. 447.02 (3), 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 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 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 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.
447.056
447.056
Continuing education; dentists. 447.056(1)
(1) Except as provided in
subs. (2) to
(4), a person is not eligible for renewal of a license to practice dentistry, other than a permit issued under
s. 447.02 (3), unless the person has taught, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under
s. 440.08 (2) (a), 30 credit hours of continuing education related to the practice of dentistry or the practice of medicine, including not less than 25 credit hours of instruction in clinical dentistry or clinical medicine. Not more than 4 of the 30 hours may be from teaching. Continuing education does not satisfy the requirements under this subsection unless the continuing education is one of the following:
447.056(1)(a)
(a) Sponsored or recognized by a local, state, regional, national, or international dental or medical professional organization.
447.056(1)(b)
(b) A college-level course that is offered by a postsecondary institution accredited by the American Dental Association commission on dental accreditation or a successor agency, or by another recognized accrediting body.
447.056(2)
(2) Subsection (1) 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.
447.056(3)
(3) Credit hours completed before the 2-year period immediately preceding renewal of a license to practice dentistry may not be applied to fulfill the credit hours required under
sub. (1).
447.056(4)
(4) The examining board may waive the continuing education requirements under
sub. (1) if it finds that exceptional circumstances such as prolonged illness, disability, or other similar circumstances have prevented a person licensed to practice dentistry from meeting the requirement.
447.056(5)
(5) A person who is licensed to practice dentistry shall keep a written record detailing each continuing education credit completed in compliance with
sub. (1) and shall maintain the written record for not less than 6 years after the person completes each credit. The examining board may require applicants for renewal of a license to practice dentistry to submit proof of compliance with the requirements of this section.
447.056 History
History: 2007 a. 31;
2009 a. 10.
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)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.
447.065
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:
447.07(3)(b)
(b) Made any false statement or given any false information in connection with an application for a license or certificate or for renewal or reinstatement of a license or certificate or received a license or certificate through error.
447.07(3)(c)
(c) Been adjudicated mentally incompetent by a court.
447.07(3)(d)
(d) Directly or indirectly sent, for a purpose other than shade verification, impressions or measurements to a dental laboratory without a written work authorization on a form approved by the examining board and signed by the authorizing dentist, or directly or indirectly sent a patient, or an agent of a patient, to a dental laboratory for any purpose other than for shade verification. The examining board or its agents or employees may inspect dental offices and the work authorization records of dental laboratories to determine compliance with this paragraph.
447.07(3)(e)
(e) Subject to
ss. 111.321,
111.322 and
111.335, been convicted of a crime, the circumstances of which substantially relate to the practice of dentistry or dental hygiene.
447.07(3)(f)
(f) Violated this chapter or any federal or state statute or rule which relates to the practice of dentistry or dental hygiene.
447.07(3)(g)
(g) Subject to
ss. 111.321,
111.322 and
111.34, practiced dentistry or dental hygiene while his or her ability was impaired by alcohol or other drugs.
447.07(3)(h)
(h) Engaged in conduct that indicates a lack of knowledge of, an inability to apply or the negligent application of, principles or skills of dentistry or dental hygiene.
447.07(3)(i)
(i) Obtained or attempted to obtain compensation by fraud or deceit.
447.07(3)(j)
(j) Employed, directly or indirectly, any unlicensed or uncertified person to perform any act requiring licensure or certification under this chapter.
447.07(3)(k)
(k) Engaged in repeated irregularities in billing a 3rd party for services rendered to a patient. In this paragraph, "irregularities in billing" includes:
447.07(3)(k)1.
1. Reporting charges for the purpose of obtaining a total payment in excess of that usually received for the services rendered.
447.07(3)(k)2.
2. Reporting incorrect treatment dates for the purpose of obtaining payment.
447.07(3)(k)4.
4. Incorrectly reporting services rendered for the purpose of obtaining payment.
447.07(3)(k)5.
5. Abrogating the copayment provisions of a contract by agreeing to forgive any or all of the patient's obligation for payment under the contract.
447.07(3)(m)
(m) Made a substantial misrepresentation in the course of practice that was relied upon by a client.
447.07(3)(o)
(o) Advertised by using a statement that tends to deceive or mislead the public.
