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SB89,21,9 2447.40 Informed consent. (intro.) Any dentist or dental therapist who treats
3a patient shall inform the patient about the availability of reasonable alternate
4modes of treatment and about the benefits and risks of these treatments. The
5reasonable dentist standard is the standard for informing a patient under this
6section. The reasonable dentist standard requires disclosure only of information
7that a reasonable dentist would know and disclose under the circumstances. The
8dentist's or dental therapist's duty to inform the patient under this section does not
9require disclosure of any of the following:
SB89,47 10Section 47 . 447.40 (6) of the statutes is amended to read:
SB89,21,1311 447.40 (6) Information about alternate modes of treatment for any condition
12the dentist or dental therapist has not included in his or her diagnosis, assessment,
13or treatment plan
at the time the dentist or dental therapist informs the patient.
SB89,48 14Section 48 . 448.03 (2) (a) of the statutes is amended to read:
SB89,21,2115 448.03 (2) (a) Any person lawfully practicing within the scope of a license,
16permit, registration, certificate or certification granted to practice midwifery under
17subch. XIII of ch. 440, to practice professional or practical nursing or
18nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice
19dentistry, dental therapy, or dental hygiene under ch. 447, to practice optometry
20under ch. 449, to practice acupuncture under ch. 451 or under any other statutory
21provision, or as otherwise provided by statute.
SB89,49 22Section 49 . 448.21 (1) (a) of the statutes is amended to read:
SB89,21,2423 448.21 (1) (a) The practice of dentistry, dental therapy, or dental hygiene within
24the meaning of ch. 447.
SB89,50 25Section 50 . 450.03 (1) (e) of the statutes is amended to read:
SB89,22,7
1450.03 (1) (e) Any person lawfully practicing within the scope of a license,
2permit, registration, certificate, or certification granted to provide home medical
3oxygen under s. 450.076, to practice professional or practical nursing or
4nurse-midwifery under ch. 441, to practice dentistry, dental therapy, or dental
5hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice
6optometry under ch. 449 or to practice veterinary medicine under ch. 89, or as
7otherwise provided by statute.
SB89,51 8Section 51 . 450.10 (3) (a) 4. of the statutes is amended to read:
SB89,22,99 450.10 (3) (a) 4. A dentist or dental therapist licensed under ch. 447.
SB89,52 10Section 52 . 462.02 (2) (d) of the statutes is amended to read:
SB89,22,1311 462.02 (2) (d) A dentist licensed under s. 447.04 (1), a dental therapist licensed
12under s. 447.04 (1m),
a dental hygienist licensed under s. 447.04 (2), or a person
13under the direct supervision of a dentist.
SB89,53 14Section 53 . 462.04 of the statutes is amended to read:
SB89,22,23 15462.04 Prescription or order required. A person who holds a license or
16limited X-ray machine operator permit under this chapter may not use diagnostic
17X-ray equipment on humans for diagnostic purposes unless authorized to do so by
18prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
19under s. 447.04 (1), a dental therapist licensed under s. 447.04 (1m), a podiatrist
20licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced
21practice nurse certified under s. 441.16 (2), a physician assistant licensed under s.
22448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical therapist licensed under s.
23448.53.
SB89,54 24Section 54 . 463.10 (5) of the statutes is amended to read:
SB89,23,4
1463.10 (5) Exception. Subsections (2) to (4m) do not apply to a dentist who is
2licensed under s. 447.03 (1) or to a
, dental therapist, or physician who tattoos or
3offers to tattoo a person in the course of the dentist's, dental therapist's, or physician's
4professional practice.
SB89,55 5Section 55 . 463.12 (5) of the statutes is amended to read:
SB89,23,96 463.12 (5) Exception. Subsections (2) to (4m) do not apply to a dentist who is
7licensed under s. 447.03 (1) or to a
, dental therapist, or physician who pierces the
8body of or offers to pierce the body of a person in the course of the dentist's, dental
9therapist's,
or physician's professional practice.
SB89,56 10Section 56 . 632.87 (4) of the statutes is amended to read:
SB89,23,1511 632.87 (4) No policy, plan or contract may exclude coverage for diagnosis and
12treatment of a condition or complaint by a licensed dentist or dental therapist within
13the scope of the dentist's or dental therapist's license, if the policy, plan or contract
14covers diagnosis and treatment of the condition or complaint by another health care
15provider, as defined in s. 146.81 (1) (a) to (p).
SB89,57 16Section 57 . 895.48 (1m) (a) (intro.) of the statutes is amended to read:
SB89,24,317 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, physician
18assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed
19under ch. 446, dentist or dental therapist licensed under ch. 447, emergency medical
20services practitioner licensed under s. 256.15, emergency medical responder
21certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage
22therapist or bodywork therapist licensed under ch. 460 who renders voluntary health
23care to a participant in an athletic event or contest sponsored by a nonprofit
24corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001
25(3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s.

146.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability
2for his or her acts or omissions in rendering that care if all of the following conditions
3exist:
SB89,58 4Section 58 . 895.48 (1m) (a) 2. of the statutes is amended to read:
SB89,24,95 895.48 (1m) (a) 2. The physician, podiatrist, athletic trainer, chiropractor,
6dentist, dental therapist, emergency medical services practitioner, as defined in s.
7256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), physician
8assistant, registered nurse, massage therapist or bodywork therapist does not
9receive compensation for the health care, other than reimbursement for expenses.
SB89,59 10Section 59 . 941.315 (5) of the statutes is amended to read:
SB89,24,1411 941.315 (5) (a) Subsection (2) does not apply to a person to whom nitrous oxide
12is administered for the purpose of providing medical or dental care, if the nitrous
13oxide is administered by a physician or, dentist, or dental therapist or at the direction
14or under the supervision of a physician or, dentist, or dental therapist.
SB89,24,1815 (b) Subsection (3) does not apply to the administration of nitrous oxide by a
16physician or, dentist, or dental therapist, or by another person at the direction or
17under the supervision of a physician or, dentist, or dental therapist, for the purpose
18of providing medical or dental care.
SB89,24,2219 (c) Subsection (3) (c) does not apply to the sale to a hospital, health care clinic
20or other health care organization or to a physician or , dentist, or dental therapist of
21any object used, designed for use or primarily intended for use in administering
22nitrous oxide for the purpose of providing medical or dental care.
SB89,60 23Section 60 . Nonstatutory provisions.
SB89,25,224 (1) When the first individual becomes licensed as a dental therapist in this
25state under s. 447.04 (1m), the dentistry examining board shall send a notice to the

1legislative reference bureau for publication in the Wisconsin Administrative
2Register.
SB89,25,113 (2) (a) The dentistry examining board shall promulgate emergency rules under
4s. 227.24 that are necessary to implement this act. Notwithstanding s. 227.24 (1) (c)
5and (2), emergency rules promulgated under this paragraph remain in effect for 2
6years, or until the date on which permanent rules take effect, whichever is sooner.
7Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide
8evidence that promulgating a rule under this paragraph as an emergency rule is
9necessary for the preservation of the public peace, health, safety, or welfare and is
10not required to provide a finding of emergency for a rule promulgated under this
11paragraph.
SB89,25,1812 (b) The dentistry examining board shall present a statement of scope for
13permanent and emergency rules required to implement this act to the department
14of administration under s. 227.135 (2) no later than the 30th day after the effective
15date of this paragraph. Notwithstanding s. 227.135 (2), if the governor does not
16disapprove the statement of scope by the 30th day after the statement is presented
17to the department of administration, the statement is considered to be approved by
18the governor.
SB89,25,2419 (c) The dentistry examining board shall submit a proposed emergency rule
20required to implement this act to the governor for approval under s. 227.24 (1) (e) 1g.
21no later than the 150th day after the effective date of this paragraph.
22Notwithstanding s. 227.24 (1) (e) 1g., if the governor does not reject the proposed
23emergency rule by the 14th day after the rule is submitted to the governor in final
24draft form, the rule is considered to be approved by the governor.
SB89,26,6
1(d) The dentistry examining board shall submit a proposed permanent rule
2required to implement this act to the governor for approval under s. 227.185 no later
3than the 365th day after the effective date of this paragraph. Notwithstanding s.
4227.185, if the governor does not reject that proposed permanent rule by the 30th day
5after the rule is submitted to the governor in final draft form, the rule is considered
6to be approved by the governor.
SB89,61 7Section 61 . Effective dates. This act takes effect on the day after publication,
8except as follows:
SB89,26,109 (1) The treatment of s. 15.405 (6) (am) takes effect on the date the notice under
10Section 60 (1) of this act is published in the Wisconsin Administrative Register.
SB89,26,1111 (End)
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