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LRB-2282/1
MED:amn
2019 - 2020 LEGISLATURE
March 7, 2019 - Introduced by Senators Craig, Darling, L. Taylor, Kapenga,
Tiffany, Kooyenga, Bernier, Hansen, Stroebel and Schachtner,
cosponsored by Representatives Felzkowski, Nygren, Kolste, Mursau,
Neylon, Pronschinske, Skowronski, Snyder, Stafsholt, Tauchen, Quinn,
Dittrich, Emerson, Gundrum, Hutton, Katsma, Kulp, Magnafici, Myers,
Plumer, Ramthun, Schraa, Tusler, Wittke and Zimmerman. Referred to
Committee on Health and Human Services.
SB89,2,2 1An Act to amend 36.61 (1) (b), 36.61 (3) (a), 36.61 (5) (b) 1., 36.61 (8) (c) 3., 146.81
2(1) (c), 146.89 (1) (r) 1., 146.89 (1) (r) 5., 146.89 (3) (b) 8., 146.89 (3m) (intro.),
3146.997 (1) (d) 3., 155.01 (7), 252.14 (1) (ar) 3., 257.01 (5) (a), 257.01 (5) (b),
4447.02 (1) (a), 447.02 (1) (b), 447.02 (2) (a), 447.02 (3) (a) (intro.), 447.02 (3) (a)
52., 447.02 (3) (b), 447.02 (5), 447.03 (3) (c), 447.05, 447.06 (1), 447.06 (2) (a) 3.,
6447.06 (2) (b), 447.06 (2) (c) (intro.), 447.06 (2) (c) 2. (intro.), 447.065, 447.07 (1),
7447.07 (3) (intro.), 447.07 (3) (e) to (h), 447.40 (intro.), 447.40 (6), 448.03 (2) (a),
8448.21 (1) (a), 450.03 (1) (e), 450.10 (3) (a) 4., 462.02 (2) (d), 462.04, 463.10 (5),
9463.12 (5), 632.87 (4), 895.48 (1m) (a) (intro.), 895.48 (1m) (a) 2. and 941.315 (5);
10and to create 15.405 (6) (am), 36.61 (1) (ak), 440.03 (13) (b) 20m., 440.08 (2) (a)
1125m., 447.01 (6g), 447.01 (6r), 447.02 (1) (g), 447.03 (1m), 447.03 (3) (am),
12447.04 (1m), 447.057, 447.06 (1m) and 447.06 (3) of the statutes; relating to:
13licensure of dental therapists; extending the time limit for emergency rule
14procedures; providing an exemption from emergency rule procedures;

1providing an exemption from rule-making procedures; and granting
2rule-making authority.
Analysis by the Legislative Reference Bureau
This bill provides for the licensure of dental therapists, who are health care
practitioners who may engage in the limited practice of dentistry.
Under current law, dentists and dental hygienists are licensed by the Dentistry
Examining Board to practice dentistry and dental hygiene, respectively. This bill
provides for the licensure of a third type of dental practitioner, dental therapists.
Under the bill, the board must grant a dental therapist license to an individual who
satisfies certain criteria, including completion of a dental therapy program and
passage of required examinations.
Dental therapists may provide dental therapy services only under the general
supervision of a dentist with whom the dental therapist has a collaborative
management agreement that addresses various aspects of the dental therapist's
practice. Supervision by a dentist requires the dentist's prior knowledge and
consent, but does not require the presence of the dentist at the time a task or
procedure is being performed or prior examination or diagnosis of a patient by a
dentist prior to the provision of dental therapy services by a dental therapist. Dental
therapists are, subject to the terms of a collaborative management agreement,
limited to providing services, treatments, and procedures that are specified in the
bill, as well as additional services, treatments, or procedures specified by the board
by rule. Dental therapists must complete 12 hours of continuing education each
biennium.
The bill subjects dental therapists to, or covers dental therapists under, various
other laws, including the health care records law, the volunteer health care provider
program, the health care worker protection law, and the emergency volunteer health
care practitioner law. The bill also provides for loan forgiveness for dental therapists
under the health care provider loan assistance program.
Finally, the bill requires, effective when the first individual becomes licensed
as a dental therapist in this state, that two dental therapists be added to the board.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB89,1 3Section 1 . 15.405 (6) (am) of the statutes is created to read:
SB89,2,44 15.405 (6) (am) Two dental therapists who are licensed under ch. 447.
SB89,2 5Section 2 . 36.61 (1) (ak) of the statutes is created to read:
SB89,3,2
136.61 (1) (ak) “Dental therapist” means an individual licensed under s. 447.04
2(1m).
SB89,3 3Section 3 . 36.61 (1) (b) of the statutes is amended to read:
SB89,3,54 36.61 (1) (b) “Health care provider" means a dental therapist, dental hygienist,
5physician assistant, nurse-midwife, or nurse practitioner.
SB89,4 6Section 4 . 36.61 (3) (a) of the statutes is amended to read:
SB89,3,137 36.61 (3) (a) The board shall enter into a written agreement with the health
8care provider. In the agreement, the health care provider shall agree to practice at
9least 32 clinic hours per week for 3 years in one or more eligible practice areas in this
10state or in a rural area, except that a health care provider in the expanded loan
11assistance program under sub. (8) who is not a dental therapist or dental hygienist
12may only agree to practice at a public or private nonprofit entity in a health
13professional shortage area.
SB89,5 14Section 5 . 36.61 (5) (b) 1. of the statutes is amended to read:
SB89,3,2015 36.61 (5) (b) 1. The degree to which there is an extremely high need for medical
16care in the eligible practice area, health professional shortage area, or rural area in
17which an eligible applicant who is not a dental therapist or dental hygienist desires
18to practice and the degree to which there is an extremely high need for dental care
19in the dental health shortage area or rural area in which an eligible applicant who
20is a dental therapist or dental hygienist desires to practice.
SB89,6 21Section 6 . 36.61 (8) (c) 3. of the statutes is amended to read:
SB89,3,2522 36.61 (8) (c) 3. Practice at a public or private nonprofit entity in a health
23professional shortage area, if the health care provider is not a dental therapist or
24dental hygienist, or in a dental health shortage area, if the health care provider is
25a dental therapist or dental hygienist.
SB89,7
1Section 7. 146.81 (1) (c) of the statutes is amended to read:
SB89,4,22 146.81 (1) (c) A dentist or dental therapist licensed under ch. 447.
SB89,8 3Section 8 . 146.89 (1) (r) 1. of the statutes is amended to read:
SB89,4,84 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist, dental
5therapist,
or dental hygienist under ch. 447, a registered nurse, practical nurse, or
6nurse-midwife under ch. 441, an optometrist under ch. 449, a physician assistant
7under ch. 448, a pharmacist under ch. 450, a chiropractor under ch. 446, a podiatrist
8under subch. IV of ch. 448, or a physical therapist under subch. III of ch. 448.
SB89,9 9Section 9 . 146.89 (1) (r) 5. of the statutes is amended to read:
SB89,4,1510 146.89 (1) (r) 5. An individual who holds a valid, unexpired license,
11certification, or registration issued by another state or territory that authorizes or
12qualifies the individual to perform acts that are substantially the same as those acts
13that an individual who is described in subds. 1. to 4., except a dentist , dental
14therapist,
or dental hygienist, is licensed or certified to perform and who performs
15acts that are within the scope of that license, certification, or registration.
SB89,10 16Section 10 . 146.89 (3) (b) 8. of the statutes is amended to read:
SB89,4,2117 146.89 (3) (b) 8. Dental services, including tooth extractions and other
18procedures done under local anesthesia only and any necessary suturing related to
19the extractions, performed by a dentist or dental therapist who is a volunteer health
20provider; and dental hygiene services, performed by a dental hygienist who is a
21volunteer health provider.
SB89,11 22Section 11 . 146.89 (3m) (intro.) of the statutes is amended to read:
SB89,5,223 146.89 (3m) (intro.) A volunteer health care provider who is a dentist or dental
24therapist
may provide dental services or a volunteer health care provider who is a

1dental hygienist may provide dental hygiene services, to persons who are recipients
2of Medical Assistance, if all of the following apply:
SB89,12 3Section 12 . 146.997 (1) (d) 3. of the statutes is amended to read:
SB89,5,44 146.997 (1) (d) 3. A dentist or dental therapist licensed under ch. 447.
SB89,13 5Section 13 . 155.01 (7) of the statutes is amended to read:
SB89,5,156 155.01 (7) “Health care provider" means a nurse licensed or permitted under
7ch. 441, a chiropractor licensed under ch. 446, a dentist or dental therapist licensed
8under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical
9therapist, physical therapist assistant, occupational therapist, or occupational
10therapy assistant licensed under ch. 448, a person practicing Christian Science
11treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch.
12455, a partnership thereof, a corporation or limited liability company thereof that
13provides health care services, a cooperative health care association organized under
14s. 185.981 that directly provides services through salaried employees in its own
15facility, or a home health agency, as defined in s. 50.49 (1) (a).
SB89,14 16Section 14 . 252.14 (1) (ar) 3. of the statutes is amended to read:
SB89,5,1717 252.14 (1) (ar) 3. A dentist or dental therapist licensed under ch. 447.
SB89,15 18Section 15 . 257.01 (5) (a) of the statutes is amended to read:
SB89,5,2419 257.01 (5) (a) An individual who is licensed as a physician, a physician
20assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed
21practical nurse, or nurse-midwife under ch. 441, licensed as a dentist or dental
22therapist
under ch. 447, licensed as a pharmacist under ch. 450, licensed as a
23veterinarian or certified as a veterinary technician under ch. 89, or certified as a
24respiratory care practitioner under ch. 448.
SB89,16 25Section 16 . 257.01 (5) (b) of the statutes is amended to read:
SB89,6,8
1257.01 (5) (b) An individual who was at any time within the previous 10 years,
2but is not currently, licensed as a physician, a physician assistant, or a podiatrist
3under ch. 448, licensed as a registered nurse, licensed practical nurse or
4nurse-midwife, under ch. 441, licensed as a dentist or dental therapist under ch. 447,
5licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a
6veterinary technician under ch. 89, or certified as a respiratory care practitioner
7under ch. 448, if the individual's license or certification was never revoked, limited,
8suspended, or denied renewal.
SB89,17 9Section 17 . 440.03 (13) (b) 20m. of the statutes is created to read:
SB89,6,1010 440.03 (13) (b) 20m. Dental therapist.
SB89,18 11Section 18 . 440.08 (2) (a) 25m. of the statutes is created to read:
SB89,6,1212 440.08 (2) (a) 25m. Dental therapist: October 1 of each odd-numbered year.
SB89,19 13Section 19 . 447.01 (6g) of the statutes is created to read:
SB89,6,1514 447.01 (6g) “Dental therapist” means an individual who practices dental
15therapy.
SB89,20 16Section 20 . 447.01 (6r) of the statutes is created to read:
SB89,6,1817 447.01 (6r) “Dental therapy” means the limited practice of dentistry, consisting
18of the services, treatments, and procedures specified in s. 447.06 (3) (b).
SB89,21 19Section 21 . 447.02 (1) (a) of the statutes is amended to read:
SB89,6,2320 447.02 (1) (a) Governing the reexamination of an applicant who fails an
21examination specified in s. 447.04 (1) (a) 5., (1m) (a) 5., or (2) (a) 5. The rules may
22specify additional educational requirements for those applicants and may specify the
23number of times an applicant may be examined.
SB89,22 24Section 22 . 447.02 (1) (b) of the statutes is amended to read:
SB89,7,2
1447.02 (1) (b) Governing the standards and conditions for the use of radiation
2and ionizing equipment in the practice of dentistry or dental therapy.
SB89,23 3Section 23 . 447.02 (1) (g) of the statutes is created to read:
SB89,7,64 447.02 (1) (g) Specifying services, treatments, or procedures, in addition to
5those specified under s. 447.06 (3) (b) 1. to 28., that are included within the practice
6of dental therapy.
SB89,24 7Section 24 . 447.02 (2) (a) of the statutes is amended to read:
SB89,7,98 447.02 (2) (a) The conditions for supervision and the degree of supervision
9required under ss. 447.03 (3) (a), (am), (b) and (d) 2. and 447.065.
SB89,25 10Section 25 . 447.02 (3) (a) (intro.) of the statutes is amended to read:
SB89,7,1411 447.02 (3) (a) (intro.) The examining board may issue a permit authorizing the
12practice in this state, without compensation, of dentistry, dental therapy, or dental
13hygiene to an applicant who is licensed to practice dentistry, dental therapy, or dental
14hygiene in another state, if all of the following apply:
SB89,26 15Section 26 . 447.02 (3) (a) 2. of the statutes is amended to read:
SB89,7,1916 447.02 (3) (a) 2. The examining board determines that the applicant is qualified
17and satisfies the criteria specified under s. 447.04 (1) (b) 1. to 3., except that the
18examining board may not require the applicant to pass an examination of state
19statutes and rules relating to dentistry, dental therapy, or dental hygiene.
SB89,27 20Section 27 . 447.02 (3) (b) of the statutes is amended to read:
SB89,7,2521 447.02 (3) (b) A permit under this subsection shall authorize the practice of
22dentistry, dental therapy, or dental hygiene in a specified area of the state for a period
23of time not more than 10 days in a year and may be renewed by the examining board.
24The examining board may not require an applicant to pay a fee for the issuance or
25renewal of a permit under this subsection.
SB89,28
1Section 28. 447.02 (5) of the statutes is amended to read:
SB89,8,62 447.02 (5) Except as provided in ss. 447.058 and 447.063, nothing in this
3chapter may be construed as authorizing the examining board to regulate business
4or administrative support functions or services, that do not constitute the practice
5of dentistry, dental therapy, or dental hygiene, provided to a business that provides
6dental or dental hygiene services.
SB89,29 7Section 29 . 447.03 (1m) of the statutes is created to read:
SB89,8,108 447.03 (1m) Dental therapists. Except as provided under sub. (3) and s.
9447.02 (3), no person may do any of the following unless he or she is licensed to
10practice dental therapy under this chapter:
SB89,8,1111 (a) Practice or offer to practice dental therapy.
SB89,8,1412 (b) Represent himself or herself to the public as a dental therapist or use, in
13connection with his or her name, any title or description that may convey the
14impression that he or she is a dental therapist.
SB89,30 15Section 30 . 447.03 (3) (am) of the statutes is created to read:
SB89,8,1916 447.03 (3) (am) A dental therapy student who practices dental therapy under
17the supervision of a dentist in an infirmary, clinic, hospital or other institution
18connected or associated for training purposes with an accredited dental therapy
19school.
SB89,31 20Section 31 . 447.03 (3) (c) of the statutes is amended to read:
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