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June 17, 2021 - Introduced by Representatives Plumer, Cabral-Guevara,
Billings, Brooks, Baldeh, Doyle, Duchow, Gundrum, Kurtz, Loudenbeck,
Moses, Murphy, Mursau, Neylon, Novak, Rozar, Shelton, Sortwell,
Steffen, Subeck, Summerfield, Tauchen, Thiesfeldt, Tittl and
VanderMeer, cosponsored by Senators Felzkowski, Ballweg, Bernier,
Cowles, Feyen, Jacque, Nass, Ringhand, L. Taylor and Wirch. Referred to
Committee on Health.
AB402,1,8 1An Act to renumber and amend 447.05; to amend 440.08 (2) (a) (intro.),
2447.04 (title), 447.07 (3) (intro.), 447.07 (3) (e), 447.07 (3) (f), 447.07 (3) (g),
3447.07 (3) (h), 448.03 (2) (a), 448.21 (1) (a), 450.03 (1) (e) and 462.02 (2) (d); and
4to create 440.03 (13) (b) 28m., 447.035, 447.04 (3) and 447.05 (1) (b) of the
5statutes; relating to: certification of expanded function dental auxiliaries,
6extending the time limit for emergency rule procedures, providing an
7exemption from emergency rule procedures, and granting rule-making
8authority.
Analysis by the Legislative Reference Bureau
This bill establishes a certification program for expanded function dental
auxiliaries administered by the Dentistry Examining Board. Under the bill, a person
who is not licensed as a dentist or as a dental hygienist may perform the following
activities, as delegated and supervised by a licensed dentist, if the person is certified
by the examining board as an expanded function dental auxiliary: 1) placing and
finishing restoration material after a dentist prepares a tooth for restoration; 2)
applying sealants; 3) coronal polishing; 4) impressions; 5) temporizations; 6) packing
cord; 7) removing cement from crowns; 8) adjusting dentures and other removable
oral appliances; 9) removing sutures and dressings; 10) supragingival scaling; and

11) applying topical fluoride, fluoride varnish, or similar dental topical agent. The
bill authorizes the examining board to promulgate rules for the certification and
practice of expanded function dental auxiliaries, but prohibits the examining board
from promulgating rules that allow an expanded function dental auxiliary to cut
hard or soft tissue, diagnose, or plan treatments.
The examining board may grant a permanent certification as an expanded
function dental auxiliary to an applicant who, among other things, has practiced as
a dental assistant for a certain period, completes an accredited instructional
program, and is proficient in cardiopulmonary resuscitation. Under the bill, the
examining board investigates, holds hearings, and makes findings pertaining to
violations of the bill and other statutes enforced by the examining board, and the
examining board may impose on violators the same penalties that apply under
current law to dentists and dental hygienists.
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:
AB402,1 1Section 1. 440.03 (13) (b) 28m. of the statutes is created to read:
AB402,2,22 440.03 (13) (b) 28m. Expanded function dental auxiliary.
AB402,2 3Section 2 . 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB402,2,74 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
5444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 463.10,
6463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as
7follows:
AB402,3 8Section 3 . 447.035 of the statutes is created to read:
AB402,2,10 9447.035 Certification; expanded function dental auxiliaries. (1) In this
10section, “auxiliary" means an expanded function dental auxiliary.
AB402,2,13 11(2) Notwithstanding s. 447.03 (1) and (2), a certification to practice as an
12auxiliary granted under s. 447.04 (3) shall permit the holder to perform all of the
13following as delegated and supervised by a dentist:
AB402,3,2
1(a) Placement and finishing of restoration material after the dentist prepares
2a tooth for restoration.
AB402,3,33 (b) Application of sealants.
AB402,3,44 (c) Coronal polishing.
AB402,3,55 (d) Impressions.
AB402,3,66 (e) Temporizations.
AB402,3,77 (f) Packing cord.
AB402,3,88 (g) Removal of cement from crowns.
AB402,3,99 (h) Adjustment of dentures and other removable oral appliances.
AB402,3,1010 (i) Removal of sutures and dressings.
AB402,3,1111 (j) Supragingival scaling.
AB402,3,1312 (k) Application of topical fluoride, fluoride varnish, or similar dental topical
13agent.
AB402,3,15 14(3) (a) The examining board shall, subject to pars. (b) and (c), promulgate rules
15for the certification and practice of auxiliaries.
AB402,3,1616 (b) The rules promulgated under par. (a) shall do all of the following:
AB402,3,1917 1. Require an applicant to the accredited instructional program described in
18subd. 2. to demonstrate in his or her application that the individual satisfies one of
19the following criteria in order to be permitted to enroll in the instructional program:
AB402,3,2220 a. Has completed at least 1,000 hours practicing as a dental assistant and holds
21the certified dental assistant credential issued by the Dental Assisting National
22Board, Inc., or its successor.
AB402,3,2423 b. Has completed at least 2,000 hours practicing as a dental assistant, as
24verified by the supervising licensed dentist.
AB402,4,4
12. Require an applicant for certification under s. 447.04 (3) to demonstrate to
2the satisfaction of the examining board that the applicant has successfully completed
3an accredited instructional program that provides training in practice as an
4auxiliary and requires no fewer than 70 hours of classroom instruction.
AB402,4,85 3. Require a dentist who delegates a procedure to an auxiliary certified under
6s. 447.04 (3) to remain on the premises where the auxiliary is performing the
7procedure until the procedure is complete and the dentist has verified that the
8procedure has been performed successfully.
AB402,4,129 4. Require each auxiliary to maintain current proficiency in cardiopulmonary
10resuscitation, including the use of an automated external defibrillator achieved
11through instruction provided by an individual, organization, or institution of higher
12education approved under s. 46.03 (38) to provide such instruction.
AB402,4,1413 (c) The rules promulgated under par. (a) may not permit an auxiliary to perform
14any of the following:
AB402,4,1515 1. Cutting of hard or soft tissue.
AB402,4,1616 2. Diagnosis.
AB402,4,1717 3. Treatment planning.
AB402,4 18Section 4 . 447.04 (title) of the statutes is amended to read:
AB402,4,19 19447.04 (title) Licensure; certification.
AB402,5 20Section 5 . 447.04 (3) of the statutes is created to read:
AB402,4,2321 447.04 (3) Expanded function dental auxiliaries. The examining board shall
22grant a certification to practice as an expanded function dental auxiliary to an
23individual who does all of the following:
AB402,4,2424 (a) Pays the fee specified in s. 440.05 (1).
AB402,5,2
1(b) Submits evidence satisfactory to the examining board that he or she has
2completed the accredited instructional program required under s. 447.035 (3) (b) 2.
AB402,5,73 (c) Submits evidence satisfactory to the examining board that he or she has
4current proficiency in cardiopulmonary resuscitation, including the use of an
5automated external defibrillator achieved through instruction provided by an
6individual, organization, or institution of higher education approved under s. 46.03
7(38) to provide such instruction.
AB402,6 8Section 6 . 447.05 of the statutes is renumbered 447.05 (1) (a) and amended
9to read:
AB402,5,1310 447.05 (1) (a) Renewal Except as provided in par. (b), renewal applications
11shall be submitted to the department on a form provided by the department on or
12before the applicable renewal date specified under s. 440.08 (2) (a) and shall include
13the applicable renewal fee determined by the department under s. 440.03 (9) (a).
AB402,5,20 14(2) The examining board may not renew a license to practice dentistry unless
15the applicant for renewal attests that he or she has complied with s. 447.056, that
16he or she has current proficiency in cardiopulmonary resuscitation, including and
17that he or she has current proficiency in
the use of an automated external
18defibrillator achieved through instruction provided by an individual, organization,
19or institution of higher education approved under s. 46.03 (38) to provide such
20instruction.
AB402,6,2 21(3) The examining board may not renew a license to practice dental hygiene
22unless the applicant for renewal attests that he or she has complied with s. 447.055
23and any rules promulgated by the examining board under s. 447.055, that he or she
24has a current certification in cardiopulmonary resuscitation, and that he or she has
25current proficiency in the use of an automated external defibrillator achieved

1through instruction provided by an individual, organization, or institution of higher
2education approved under s. 46.03 (38) to provide such instruction.
AB402,7 3Section 7 . 447.05 (1) (b) of the statutes is created to read:
AB402,6,64 447.05 (1) (b) A certification to practice as an expanded function dental
5auxiliary granted under s. 447.04 (3) is permanent unless revoked and not subject
6to periodic renewal.
AB402,8 7Section 8 . 447.07 (3) (intro.) of the statutes is amended to read:
AB402,6,208 447.07 (3) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
9examining board may make investigations and conduct hearings in regard to any
10alleged action of any dentist or, dental hygienist, or expanded function dental
11auxiliary,
of a mobile dentistry program registrant, or of any other person it has
12reason to believe is engaged in or has engaged in the practice of dentistry or dental
13hygiene, or the operation of a mobile dentistry program, in this state, and may, on
14its own motion, or upon complaint in writing, reprimand any dentist or, dental
15hygienist, or expanded function dental auxiliary who is licensed or certified under
16this chapter, or any mobile dentistry program registrant, or deny, limit, suspend, or
17revoke his or her license or certificate, or the registration of the mobile dentistry
18program registrant, if it finds that the dentist, dental hygienist, expanded function
19dental auxiliary,
or mobile dentistry program registrant has done any of the
20following:
AB402,9 21Section 9 . 447.07 (3) (e) of the statutes is amended to read:
AB402,6,2522 447.07 (3) (e) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a
23crime, the circumstances of which substantially relate to the practice of dentistry or
24dental hygiene, the practice of an expanded function dental auxiliary, or the
25operation of a mobile dentistry program.
AB402,10
1Section 10. 447.07 (3) (f) of the statutes is amended to read:
AB402,7,42 447.07 (3) (f) Violated this chapter or any federal or state statute or rule that
3relates to the practice of dentistry or, dental hygiene, or an expanded function dental
4auxiliary,
or the operation of a mobile dentistry program.
AB402,11 5Section 11 . 447.07 (3) (g) of the statutes is amended to read:
AB402,7,86 447.07 (3) (g) Subject to ss. 111.321, 111.322 and 111.34, practiced dentistry or
7dental hygiene or as an expanded function dental auxiliary while his or her ability
8was impaired by alcohol or other drugs.
AB402,12 9Section 12 . 447.07 (3) (h) of the statutes is amended to read:
AB402,7,1210 447.07 (3) (h) Engaged in conduct that indicates a lack of knowledge of, an
11inability to apply or the negligent application of, principles or skills of dentistry or
12dental hygiene or the practice of an expanded function dental auxiliary.
AB402,13 13Section 13 . 448.03 (2) (a) of the statutes is amended to read:
AB402,7,2014 448.03 (2) (a) Any person lawfully practicing within the scope of a license,
15permit, registration, certificate, or certification granted to practice midwifery under
16subch. XIII of ch. 440, to practice professional or practical nursing or
17nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice
18dentistry or dental hygiene or as an expanded function dental auxiliary under ch.
19447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or
20under any other statutory provision, or as otherwise provided by statute.
AB402,14 21Section 14 . 448.21 (1) (a) of the statutes is amended to read:
AB402,7,2322 448.21 (1) (a) The practice of dentistry or dental hygiene within the meaning
23of ch. 447 or the practice of an expanded function dental auxiliary under s. 447.035.
AB402,15 24Section 15 . 450.03 (1) (e) of the statutes is amended to read:
AB402,8,7
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 or dental hygiene or as an
5expanded function dental auxiliary
under ch. 447, to practice medicine and surgery
6under ch. 448, to practice optometry under ch. 449, or to practice veterinary medicine
7under ch. 89, or as otherwise provided by statute.
AB402,16 8Section 16 . 462.02 (2) (d) of the statutes is amended to read:
AB402,8,119 462.02 (2) (d) A dentist licensed under s. 447.04 (1), a dental hygienist licensed
10under s. 447.04 (2), a person certified as an expanded function dental auxiliary under
11s. 447.04 (3),
or a person under the direct supervision of a dentist.
AB402,17 12Section 17 . Nonstatutory provisions.
AB402,8,2313 (1) Emergency rules. Using the procedure under s. 227.24, the dentistry
14examining board shall promulgate the rules for the certification and practice of
15expanded function dental auxiliaries required under s. 447.035 (3).
16Notwithstanding s. 227.24 (1) (a) and (3), the dentistry examining board is not
17required to provide evidence that promulgating a rule under this subsection as an
18emergency rule is necessary for the preservation of the public peace, health, safety,
19or welfare and is not required to provide a finding of emergency for a rule
20promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), an
21emergency rule promulgated under this subsection remains in effect for one year
22after its promulgation, or until permanent rules take effect, whichever is sooner, and
23the effective period may not be further extended under s. 227.24 (2).
AB402,8,2424 (End)
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