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.
447.058
447.058
Mobile dentistry program registration. 447.058(1)(1)
Registration required. No person may own or operate a mobile dentistry program in this state unless the person is registered under this section. A person that wishes to own or operate more than one mobile dentistry program in this state shall apply for a separate registration under this section for each mobile dentistry program the person owns or operates.
447.058(2)(a)
(a) The examining board may grant a registration under this section to a person who does all of the following:
447.058(2)(a)1.
1. Submits an application for registration to the department on a form provided by the department. The application shall include the person's name and tax identification number, the person's business address and telephone number, and any other information the department or the examining board requires.
447.058(2)(a)3.
3. Satisfies any other requirements established by the examining board by rule.
447.058(2)(b)
(b) A mobile dentistry program registrant shall submit an application for renewal, and the applicable renewal fee determined by the department under s.
440.03 (9) (a), to the department on a form provided by the department on or before the applicable renewal date specified under s.
440.08 (2) (a).
447.058 History
History: 2013 a. 244.
447.058 Cross-reference
Cross-reference: See also ch.
DE 10, Wis. adm. code.
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(1g)
(1g) No contract of employment entered into between a dentist and any other party under which the dentist is employed to practice dentistry may require a dentist to meet a minimum quota for the number of patients seen or the number of procedures performed.
447.06(1r)
(1r) No contract of employment entered into between a dental hygienist and any other party under which the dental hygienist is employed to practice dental hygiene may require a dental hygienist to meet a minimum quota for the number of patients seen or the number of procedures performed.
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 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)(a)9.
9. At a facility, as defined in s.
50.01 (1m), an adult family home certified under s.
50.032 or licensed under s.
50.033, an adult day care center, as defined in s.
49.45 (47) (a), a community rehabilitation program, a hospital, as defined in s.
50.33 (2), or a facility that is primarily operated to provide outpatient medical services.
447.06(2)(b)
(b) A dental hygienist may practice dental hygiene or perform remediable procedures under par.
(a) 1. 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. 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)(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.
447.063
447.063
Preservation and transfer of patient health care records. 447.063(1)(1)
A person who manages or controls a business that offers dental or dental hygiene services, including management or control of a business through which the person allows another person to offer dental or dental hygiene services, shall preserve patient health care records, as defined in s.
146.81 (4), for an amount of time determined by the examining board by rule.
447.063(2)
(2) A person who manages or controls a business that offers dental or dental hygiene services, including management or control of a business through which the person allows another person to offer dental or dental hygiene services, shall, upon request of a patient or person authorized by the patient, as defined in s.
146.81 (5), transfer the patient health care records, as defined in s.
146.81 (4), of the patient to another person that the patient or person authorized by the patient specifies to receive the patient health care records.
447.063 History
History: 2017 a. 116.
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, nitrous oxide inhalation analgesia, 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.
447.067
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, or the registration of a mobile dentistry program registrant, who fails, within 60 days after the mailing of written notice to the dentist's, dental hygienist's, or registrant's last-known address, to renew the license, certificate, or registration.
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, of a mobile dentistry program registrant, or of any other person it has reason to believe is engaged in or has engaged in the practice of dentistry or dental hygiene, or the operation of a mobile dentistry program, 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 any mobile dentistry program registrant, or deny, limit, suspend, or revoke his or her license or certificate, or the registration of the mobile dentistry program registrant, if it finds that the dentist, dental hygienist, or mobile dentistry program registrant has done any of the following:
447.07(3)(a)
(a) Engaged in unprofessional conduct or violated the standards of conduct established by the examining board under s.
447.02 (2) (g).
447.07(3)(b)
(b) Made any false statement or given any false information in connection with an application for a license, certificate, or registration or for renewal or reinstatement of a license, certificate, or registration, or received a license, certificate, or registration 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 or the operation of a mobile dentistry program.
447.07(3)(f)
(f) Violated this chapter or any federal or state statute or rule that relates to the practice of dentistry or dental hygiene, or the operation of a mobile dentistry program.
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, or in the operation of a mobile dentistry program, 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.
447.07(5)
(5) The examining board may reinstate a license, certificate, or registration that has been voluntarily surrendered or revoked on terms and conditions that it considers appropriate. This subsection does not apply to a license or registration that is revoked under s.
440.12.
447.07(7)
(7) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license, certificate, or registration under sub.
(3), the examining board may assess against an applicant, licensee, certificate holder, or mobile dentistry program registrant a forfeiture of not more than $5,000 for each violation enumerated under sub.
(3).
447.07 Cross-reference
Cross-reference: See also ch.
DE 6, Wis. adm. code.
447.07 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.
447.07 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.
