Chapter 447

447.38 447.38 Limited liability of directors and officers.

447.38(1) (1) Except as provided in subs. (2) and (3), a director or officer of a county or district dental society organized or continued under s. 447.12 is not liable to the dental society, its members or creditors, or any person asserting rights on behalf of the dental society, its members or creditors, or any other person, for damages, settlements, fees, fines, penalties or other monetary liabilities arising from a breach of, or failure to perform, any duty resulting solely from his or her status as a director or officer, unless the person asserting liability proves that the breach or failure to perform constitutes any of the following:

447.38(1)(a) (a) A willful failure to deal fairly with the dental society or its members in connection with a matter in which the director or officer has a material conflict of interest.

447.38(1)(b) (b) A violation of criminal law, unless the director or officer had reasonable cause to believe his or her conduct was lawful or no reasonable cause to believe his or her conduct was unlawful.

447.38(1)(c) (c) A transaction from which the director or officer derived an improper personal profit.

447.38(1)(d) (d) Willful misconduct.

447.38(2) (2) Except as provided in sub. (3), this section does not apply to any of the following:

447.38(2)(a) (a) A civil or criminal proceeding brought by or on behalf of any governmental unit, authority or agency.

447.38(2)(b) (b) A proceeding brought by any person for a violation of state or federal law where the proceeding is brought pursuant to an express private right of action created by state or federal statute.

447.38(3) (3) Subsection (2) does not apply to a proceeding brought by a governmental unit, authority or agency in its capacity as a private party or contractor.

447.38 History History: 1987 a. 13.

447.38 Annotation Cooperative indemnification. La Rowe and Weine. WBB Sept. 1988.

447.40 447.40 Informed consent. Any dentist or dental therapist who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable dentist standard is the standard for informing a patient under this section. The reasonable dentist standard requires disclosure only of information that a reasonable dentist would know and disclose under the circumstances. The dentist’s or dental therapist’s duty to inform the patient under this section does not require disclosure of any of the following:

447.40(1) (1) Detailed technical information that in all probability a patient would not understand.

447.40(2) (2) Risks apparent or known to the patient.

447.40(3) (3) Extremely remote possibilities that might falsely or detrimentally alarm the patient.

447.40(4) (4) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.

447.40(5) (5) Information in cases where the patient is incapable of consenting.

447.40(6) (6) Information about alternate modes of treatment for any condition the dentist or dental therapist has not included in his or her diagnosis, assessment, or treatment plan at the time the dentist or dental therapist informs the patient.

447.40 History History: 2013 a. 345; 2023 a. 87.

subch. II of ch. 447 SUBCHAPTER II

DENTIST AND DENTAL
HYGIENIST COMPACT

447.50 447.50 Dentist and dental hygienist compact.

447.50(1) (1) Title and purpose. This statute shall be known and cited as the dentist and dental hygienist compact. The purposes of this compact are to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dentistry and dental hygiene services by providing dentists and dental hygienists licensed in a participating state the ability to practice in participating states in which they are not licensed. The compact does this by establishing a pathway for a dentists and dental hygienists licensed in a participating state to obtain a compact privilege that authorizes them to practice in another participating state in which they are not licensed. The compact enables participating states to protect the public health and safety with respect to the practice of such dentists and dental hygienists, through the state’s authority to regulate the practice of dentistry and dental hygiene in the state. The compact:

447.50(1)(a) (a) Enables dentists and dental hygienists who qualify for a compact privilege to practice in other participating states without satisfying burdensome and duplicative requirements associated with securing a license to practice in those states;

447.50(1)(b) (b) Promotes mobility and addresses workforce shortages through each participating state’s acceptance of a compact privilege to practice in that state;

447.50(1)(c) (c) Increases public access to qualified, licensed dentists and dental hygienists by creating a responsible, streamlined pathway for licensees to practice in participating states.

447.50(1)(d) (d) Enhances the ability of participating states to protect the public’s health and safety;

447.50(1)(e) (e) Does not interfere with licensure requirements established by a participating state;

447.50(1)(f) (f) Facilitates the sharing of licensure and disciplinary information among participating states;

447.50(1)(g) (g) Requires dentists and dental hygienists who practice in a participating state pursuant to a compact privilege to practice within the scope of practice authorized in that state;

447.50(1)(h) (h) Extends the authority of a participating state to regulate the practice of dentistry and dental hygiene within its borders to dentists and dental hygienists who practice in the state through a compact privilege;

447.50(1)(i) (i) Promotes the cooperation of participating state in regulating the practice of dentistry and dental hygiene within those states;

447.50(1)(j) (j) Facilitates the relocation of military members and their spouses who are licensed to practice dentistry or dental hygiene;

447.50(2) (2) Definitions. As used in this compact, unless the context requires otherwise, the following definitions shall apply:

447.50(2)(a) (a) “Active military member” means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve.

447.50(2)(b) (b) “Adverse action” means disciplinary action or encumbrance imposed on a license or compact privilege by a state licensing authority.

447.50(2)(c) (c) “Alternative program” means a nondisciplinary monitoring or practice remediation process applicable to a dentist or dental hygienist approved by a state licensing authority of a participating state in which the dentist or dental hygienist is licensed. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues are referred in lieu of adverse action.

447.50(2)(d) (d) “Clinical assessment” means examination or process, required for licensure as a dentist or dental hygienist as applicable, that provides evidence of clinical competence in dentistry or dental hygiene.

447.50(2)(e) (e) “Commissioner” means the individual appointed by a participating state to serve as the member of the commission for that participating state.

447.50(2)(f) (f) “Compact” means this dentist and dental hygienist compact.

447.50(2)(g) (g) “Compact privilege” means the authorization granted by a remote state to allow a licensee from a participating state to practice as a dentist or dental hygienist in a remote state.

447.50(2)(h) (h) “Continuing professional development” means a requirement, as a condition of license renewal to provide evidence of successful participation in educational or professional activities relevant to practice or area of work.

447.50(2)(i) (i) “Criminal background check” means the submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 CFR 20.3 (d), from the federal bureau of investigation and the state’s criminal history record repository, as defined in 28 CFR. 20.3 (f).

447.50(2)(j) (j) “Data system” means the commission’s repository of information about licensees, including but not limited to examination, licensure, investigative, compact privilege, adverse action, and alternative program.

447.50(2)(k) (k) “Dental hygienist” means an individual who is licensed by a state licensing authority to practice dental hygiene.

447.50(2)(L) (L) “Dentist” means an individual who is licensed by a state licensing authority to practice dentistry.

447.50(2)(m) (m) “Dentist and dental hygienist compact commission” or “commission” means a joint government agency established by this compact comprised of each state that has enacted the compact and a national administrative body comprised of a commissioner from each state that has enacted the compact.

447.50(2)(n) (n) “Encumbered license” means a license that a state licensing authority has limited in any way other than through an alternative program.

447.50(2)(o) (o) “Executive board” means the chair, vice chair, secretary and treasurer and any other commissioners as may be determined by commission rule or bylaw.

447.50(2)(p) (p) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of dentistry or dental hygiene, as applicable, in a state.

447.50(2)(q) (q) “License” means current authorization by a state, other than authorization pursuant to a compact privilege, or other privilege, for an individual to practice as a dentist or dental hygienist in that state.

447.50(2)(r) (r) “Licensee” means an individual who holds an unrestricted license from a participating state to practice as a dentist or dental hygienist in that state.

447.50(2)(s) (s) “Model compact” means the model for the dentist and dental hygienist compact on file with the council of state governments or other entity as designated by the commission.

447.50(2)(t) (t) “Participating state” means a state that has enacted the compact and been admitted to the commission in accordance with the provisions herein and commission rules.

447.50(2)(u) (u) “Qualifying license” means a license that is not an encumbered license issued by a participating state to practice dentistry or dental hygiene.

447.50(2)(v) (v) “Remote state” means a participating state where a licensee who is not licensed as a dentist or dental hygienist is exercising or seeking to exercise the compact privilege.

447.50(2)(w) (w) “Rule” means a regulation promulgated by an entity that has the force of law.

447.50(2)(x) (x) “Scope of practice” means the procedures, actions, and processes a dentist or dental hygienist licensed in a state is permitted to undertake in that state and the circumstances under which the licensee is permitted to undertake those procedures, actions and processes. Such procedures, actions and processes and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law, and other processes available to the state licensing authority or other government agency.

447.50(2)(y) (y) “Significant investigative information” means information, records, and documents received or generated by a state licensing authority pursuant to an investigation for which a determination has been made that there is probable cause to believe that the licensee has violated a statute or regulation that is considered more than a minor infraction for which the state licensing authority could pursue adverse action against the licensee.

447.50(2)(z) (z) “State” means any state, commonwealth, district, or territory of the United States that regulates the practices of dentistry and dental hygiene.

447.50(2)(za) (za) “State licensing authority” means an agency or other entity of a state that is responsible for the licensing and regulation of dentists or dental hygienists.

447.50(3) (3) State participation in the compact.

447.50(3)(a) (a) In order to join the compact and thereafter continue as a participating state, a state must:

447.50(3)(a)1. 1. Enact a compact that is not materially different from the model compact as determined in accordance with commission rules;

447.50(3)(a)2. 2. Participate fully in the commission’s data system;

447.50(3)(a)3. 3. Have a mechanism in place for receiving and investigating complaints about its licensees and license applicants;

447.50(3)(a)4. 4. Notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of significant investigative information regarding a licensee and license applicant;

447.50(3)(a)5. 5. Fully implement a criminal background check requirement, within a time frame established by commission rule, by receiving the results of a qualifying criminal background check;

447.50(3)(a)6. 6. Comply with the commission rules applicable to a participating state;

447.50(3)(a)7. 7. Accept the national board examinations of the Joint Commission on National Dental Examinations or another examination accepted by commission rule as a licensure examination;

447.50(3)(a)8. 8. Accept for licensure that applicants for a dentist license graduate from a predoctoral dental education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs, leading to the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree;

447.50(3)(a)9. 9. Accept for licensure that applicants for a dental hygienist license graduate from a dental hygiene education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs;

447.50(3)(a)10. 10. Require for licensure that applicants successfully complete a clinical assessment;

447.50(3)(a)11. 11. Have continuing professional development requirements as a condition for license renewal; and

447.50(3)(a)12. 12. Pay a participation fee to the commission as established by commission rule.

447.50(3)(b) (b) Providing alternative pathways for an individual to obtain an unrestricted license does not disqualify a state from participating in the compact.

447.50(3)(c) (c) When conducting a criminal background check the state licensing authority shall:

447.50(3)(c)1. 1. Consider that information in making a licensure decision;

447.50(3)(c)2. 2. Maintain documentation of completion of the criminal background check and background check information to the extent allowed by state and federal law; and

447.50(3)(c)3. 3. Report to the commission whether it has completed the criminal background check and whether the individual was granted or denied a license.

447.50(3)(d) (d) A licensee of a participating state who has a qualifying license in that state and does not hold an encumbered license in any other participating state, shall be issued a compact privilege in a remote state in accordance with the terms of the compact and commission rules. If a remote state has a jurisprudence requirement a compact privilege will not be issued to the licensee unless the licensee has satisfied the jurisprudence requirement.

447.50(4) (4) Compact privilege.

447.50(4)(a) (a) To obtain and exercise the compact privilege under the terms and provisions of the compact, the licensee shall:

447.50(4)(a)1. 1. Have a qualifying license as a dentist or dental hygienist in a participating state;

447.50(4)(a)2. 2. Be eligible for a compact privilege in any remote state in accordance with pars. (d), (g), and (h);

447.50(4)(a)3. 3. Submit to an application process whenever the licensee is seeking a compact privilege;

447.50(4)(a)4. 4. Pay any applicable commission and remote state fees for a compact privilege in the remote state;

447.50(4)(a)5. 5. Meet any jurisprudence requirement established by a remote state in which the licensee is seeking a compact privilege;