DENTISTRY EXAMINING BOARD
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
DENTISTRY EXAMINING BOARD
PROPOSED ORDER OF THE DENTISTRY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Dentistry Examining Board to repeal DE 2.03 (7), 2.04 (1) (c) and (d), 2.04 (2) (c), 2.04 (2) (f), 2.06, 2.07, 2.08 and 2.09; to amend DE 2.01 (1) (d) and (g), 2.01 (2) (b), 2.015 (1) (d), 2.03 (5) (title), 2.03 (5) (a) 2., 2.04 (1), 2.04 (1) (e) and (g), 2.04 (2), 2.04 (2) (d) 2.05 and 3.04 (2); to repeal and recreate DE 2.03 (5) (b), 2.03 (6), 3.02 and 3.03; and to create DE 2.01 (1) (h), 2.01 (1m) (e), 2.01 (2) (c) and (d), and 2.015 (1) (f) relating to dental licensure and the practice of dental hygiene.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: 447.04, 447.05, and 447.06 (2), Stats.
Explanation of agency authority:
Each examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular profession. [s. 15.08 (5) (b) , Stats.] The examining may promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements in order to restore the credential, in addition to the applicable requirements for renewal established under ch. 447, that the examining board determines are necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed in order to obtain an initial credential from the examining board. [s. 440.08 (3) (b), Stats.] The examining board may promulgate rules 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. [s. 447.02 (1) (a) , Stats.] The examining board may promulgate rules 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. [s. 447.02 (1) (d) , Stats.] The examining board may promulgate rules providing for the granting of temporary licenses under this chapter. [s. 447.02 (1) (e) , Stats.] The examining board shall promulgate rules specifying 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. [s. 447.02 (2) (d) , Stats.] The examining board shall grant a license to practice dental hygiene to an individual who completes any other requirements established by the examining board by rule and to an individual licensed in another state or territory or another country if the applicant meets the requirements for licensure established by the examining board by rule. [ss. 447.04 (1) (a) 6. and 447.04 (1) (b) 1., Stats.] The examining board shall grant a license to practice dentistry to an individual who completes any other requirements established by the examining board by rule and to an individual licensed in another state or territory or another country if the applicant meets the requirements for licensure established by the examining board by rule. [ss. 447.04 (2) (a) 6. and 447.04 (2) (b) 1., Stats.] Related statute or rule: N/A
Plain language analysis:
Section 1 amends the provision to statues and rules relating to dentistry rather than listing the statutory and code references in order to eliminate the need to update each time the chapter numbers change.
Sections 2, 3 and 7 update the requirements to include the statutory requirement to provide proof of current cardiopulmonary resuscitation (CPR) training.
Section 4 amends the requirement to a board-approved testing service recognizing that there are several testing services. The term “clinical and laboratory demonstrations” is repealed as the phrase is outdated. It also states the exam must be taken within 1 year preceding application to create consistency.
Section 5 updates the requirements to include the statutory requirements of graduation from an accredited dental hygiene school and proof of CPR training.
Section 6 removes the requirement that applicant for a faculty license must have an interview with the board to prove competency, but allows the board to interview the applicant as necessary.
Section 8 amends the title of the subsection in order to address the requirements for late renewal and reinstatement separately.
Section 9 updates the renewal fee statutory reference.
Section 10 provides the requirements for renewing a license after 5 years. A person renewing after 5 years is required to pay the renewal fee and late fee, proof of CPR training and then evidence of one of the following to show competency: licensed in another state; passed an examination within the past year; competed a one year general practice residency; completed a clinical education program approved by the board.
Section 11 repeals and recreates the requirements for reinstatement of license after suspension or revocation or unmet disciplinary requirements and a license lapsed more than 5 years. The individual must provide evidence of completion of any disciplinary requirements and rehabilitation or change in circumstances showing that reinstatement to the practice will not constitute a danger to the public or a patient. In addition, if the license has not been renewed within 5 years the individual is required to complete the renewing after 5 years requirements.
Section 12 repeals the requirement that the license must be displayed in a prominent place. This requirement creates an unnecessary burden and is obsolete due to the ease of electronic license verification for the public and registrations are no longer mailed to the licensees.
Sections 13 and 16 clarify the license held in another jurisdiction is in good standing and updates the statutory reference.
Section 14 repeals the requirement for endorsement that the applicant has not failed an examination within the last three years recognizing that the passage of the examination reflects competency. This repeals makes the requirement consistent with non-endorsement applicants. This section also removes the requirement that an endorsement applicant must demonstrate active practice within at least 48 or the last 60 months. This requirement created a burden on applicants and barred those applicants who had a license less than 48 months.
Section 15 clarifies the examination requirement for endorsement applicants by requiring the applicant to have passed a test which the board determines is substantially equivalent to a board approved examination. It also amends the CPR requirement to create consistency throughout the rule.
Section 17 repeals the requirement for endorsement that the applicant has not failed an examination within the last three years recognizing that the passage of the examination reflects competency. This repeals makes the requirement consistent with non-endorsement applicants.
Section 18 clarifies the examination requirement for endorsement applicants by requiring the applicant to have passed a test which the board determines is substantially equivalent to a board approved examination.
Section 19 This section removes the requirement that an endorsement applicant must demonstrate active practice. This requirement created a burden on applicants and barred those applicants who recently obtained a license in another state.
Section 20 simplifies the examination passing score to be the recommended passing score of the exam provider.
Section 21 repeals obsolete provisions relating to examinations including unauthorized assistance, examination review, and claim of examination error. It also repeals the limitation an applicant can fail an examination only 3 times without more training or education. The board does not have knowledge of what questions the applicant fails, therefore can’t prescribe further training or education to remediate those areas.
Section 22 creates conformity with the statutes regarding the practice of dental hygiene. It also removes the confusing references regarding a dentist being present in the dental facility which is not referenced in statute. The new language also allows for the scope of practice to evolve without a list of items which can be performed by a dental hygienist.
Section 24 further defines subgingival sustained release chemotherapeutic agents as antibiotics.
Summary of, and comparison with, existing or proposed federal regulation: None
