447.36447.36 Consideration of interests in addition to members’ interests. In discharging his or her duties to a county or district dental society organized or continued under s. 447.12 and in determining what he or she believes to be in the best interests of the dental society, a director or officer may, in addition to considering the effects of any action on members, consider the following: 447.36(1)(1) The effects of the action on employees, suppliers and customers of the dental society. 447.36(2)(2) The effects of the action on communities in which the dental society operates. 447.36(3)(3) Any other factors the director or officer considers pertinent. 447.36 HistoryHistory: 1987 a. 13. 447.38447.38 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(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 HistoryHistory: 1987 a. 13. 447.38 AnnotationCooperative indemnification. La Rowe and Weine. WBB Sept. 1988.
447.40447.40 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 HistoryHistory: 2013 a. 345; 2023 a. 87. DENTIST AND DENTAL
HYGIENIST COMPACT
447.50447.50 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: