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AB169,21,1312 2. Practice in one or more settings in which at least 50 percent of the total
13patient base of the dental therapist consists of patients who are any of the following:
AB169,21,1414 a. Medical Assistance patients.
AB169,21,1515 b. Uninsured patients.
AB169,21,1616 c. Patients receiving dental care at free and charitable clinics.
AB169,21,1717 d. Patients receiving dental care at federally qualified health centers.
AB169,21,1818 e. Patients who reside in long-term care facilities.
AB169,21,1919 f. Veterans.
AB169,21,2020 g. Patients who are members of a federally recognized Indian tribe or band.
AB169,21,2121 h. Patients receiving dental care at clinics or facilities located on tribal lands.
AB169,21,2322 i. Patients with medical disabilities or chronic conditions that create barriers
23of access to dental care.
AB169,44 24Section 44. 447.063 of the statutes is amended to read:
AB169,22,6
1447.063 Preservation and transfer of patient health care records. (1)
2A person who manages or controls a business that offers dental, dental therapy, or
3dental hygiene services, including management or control of a business through
4which the person allows another person to offer dental, dental therapy, or dental
5hygiene services, shall preserve patient health care records, as defined in s. 146.81
6(4), for an amount of time determined by the examining board by rule.
AB169,22,13 7(2) A person who manages or controls a business that offers dental, dental
8therapy,
or dental hygiene services, including management or control of a business
9through which the person allows another person to offer dental, dental therapy, or
10dental hygiene services, shall, upon request of a patient or person authorized by the
11patient, as defined in s. 146.81 (5), transfer the patient health care records, as
12defined in s. 146.81 (4), of the patient to another person that the patient or person
13authorized by the patient specifies to receive the patient health care records.
AB169,45 14Section 45 . 447.065 of the statutes is amended to read:
AB169,22,19 15447.065 Delegation of remediable procedures and dental practices. (1)
16A dentist or dental therapist who is licensed to practice dentistry under this chapter
17may delegate to an individual who is not licensed under this chapter only the
18performance of remediable procedures, and only if all of the following conditions are
19met:
AB169,22,2120 (a) The unlicensed individual performs the remediable procedures in
21accordance with a treatment plan approved by the dentist or dental therapist.
AB169,22,2322 (b) The dentist or dental therapist is on the premises when the unlicensed
23individual performs the remediable procedures.
AB169,22,2524 (c) The unlicensed individual's performance of the remediable procedures is
25subject to inspection by the dentist or dental therapist.
AB169,23,7
1(2) Subject to the requirements under s. 447.06 (2), a dentist or dental therapist
2who is licensed to practice dentistry under this chapter may delegate to a dental
3hygienist who is licensed to practice dental hygiene under this chapter the
4performance of remediable procedures and the administration of oral systemic
5premedications, local anesthesia, nitrous oxide inhalation analgesia, and
6subgingival sustained release chemotherapeutic agents, to the extent the dentist or
7dental therapist has the authority to perform the activity personally
.
AB169,23,10 8(3) A dentist or dental therapist who delegates to another individual the
9performance of any practice or remediable procedure is responsible for that
10individual's performance of that delegated practice or procedure.
AB169,46 11Section 46 . 447.07 (1) of the statutes is amended to read:
AB169,23,1712 447.07 (1) The examining board may, without further notice or process, limit,
13suspend, or revoke the license or certificate of any dentist, dental therapist, or dental
14hygienist, or the registration of a mobile dentistry program registrant, who fails,
15within 60 days after the mailing of written notice to the dentist's, dental therapist's,
16dental hygienist's, or registrant's last-known address, to renew the license,
17certificate, or registration.
AB169,47 18Section 47 . 447.07 (3) (intro.) of the statutes is amended to read:
AB169,24,519 447.07 (3) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
20examining board may make investigations and conduct hearings in regard to any
21alleged action of any dentist, dental therapist, or dental hygienist, of a mobile
22dentistry program registrant, or of any other person it has reason to believe is
23engaged in or has engaged in the practice of dentistry, dental therapy, or dental
24hygiene, or the operation of a mobile dentistry program, in this state, and may, on
25its own motion, or upon complaint in writing, reprimand any dentist , dental

1therapist,
or dental hygienist who is licensed or certified under this chapter, or any
2mobile dentistry program registrant, or deny, limit, suspend, or revoke his or her
3license or certificate, or the registration of the mobile dentistry program registrant,
4if it finds that the dentist, dental therapist, dental hygienist, or mobile dentistry
5program registrant has done any of the following:
AB169,48 6Section 48 . 447.07 (3) (e) to (h) of the statutes are amended to read:
AB169,24,97 447.07 (3) (e) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a
8crime, the circumstances of which substantially relate to the practice of dentistry,
9dental therapy,
or dental hygiene or the operation of a mobile dentistry program.
AB169,24,1210 (f) Violated this chapter or any federal or state statute or rule that relates to
11the practice of dentistry, dental therapy, or dental hygiene, or the operation of a
12mobile dentistry program.
AB169,24,1513 (g) Subject to ss. 111.321, 111.322 and 111.34, practiced dentistry , dental
14therapy,
or dental hygiene while his or her ability was impaired by alcohol or other
15drugs.
AB169,24,1816 (h) Engaged in conduct that indicates a lack of knowledge of, an inability to
17apply or the negligent application of, principles or skills of dentistry , dental therapy,
18or dental hygiene.
AB169,49 19Section 49 . 447.40 (intro.) of the statutes is amended to read:
AB169,25,2 20447.40 Informed consent. (intro.) Any dentist or dental therapist who treats
21a patient shall inform the patient about the availability of reasonable alternate
22modes of treatment and about the benefits and risks of these treatments. The
23reasonable dentist standard is the standard for informing a patient under this
24section. The reasonable dentist standard requires disclosure only of information
25that a reasonable dentist would know and disclose under the circumstances. The

1dentist's or dental therapist's duty to inform the patient under this section does not
2require disclosure of any of the following:
AB169,50 3Section 50 . 447.40 (6) of the statutes is amended to read:
AB169,25,64 447.40 (6) Information about alternate modes of treatment for any condition
5the dentist or dental therapist has not included in his or her diagnosis, assessment,
6or treatment plan
at the time the dentist or dental therapist informs the patient.
AB169,51 7Section 51 . 448.03 (2) (a) of the statutes is amended to read:
AB169,25,148 448.03 (2) (a) Any person lawfully practicing within the scope of a license,
9permit, registration, certificate or certification granted to practice midwifery under
10subch. XIII of ch. 440, to practice professional or practical nursing or
11nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice
12dentistry, dental therapy, or dental hygiene under ch. 447, to practice optometry
13under ch. 449, to practice acupuncture under ch. 451 or under any other statutory
14provision, or as otherwise provided by statute.
AB169,52 15Section 52 . 448.21 (1) (a) of the statutes is amended to read:
AB169,25,1716 448.21 (1) (a) The practice of dentistry, dental therapy, or dental hygiene within
17the meaning of ch. 447.
AB169,53 18Section 53 . 450.03 (1) (e) of the statutes is amended to read:
AB169,25,2519 450.03 (1) (e) Any person lawfully practicing within the scope of a license,
20permit, registration, certificate, or certification granted to provide home medical
21oxygen under s. 450.076, to practice professional or practical nursing or
22nurse-midwifery under ch. 441, to practice dentistry, dental therapy, or dental
23hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice
24optometry under ch. 449 or to practice veterinary medicine under ch. 89, or as
25otherwise provided by statute.
AB169,54
1Section 54. 450.10 (3) (a) 4. of the statutes is amended to read:
AB169,26,22 450.10 (3) (a) 4. A dentist or dental therapist licensed under ch. 447.
AB169,55 3Section 55 . 462.02 (2) (d) of the statutes is amended to read:
AB169,26,64 462.02 (2) (d) A dentist licensed under s. 447.04 (1), a dental therapist licensed
5under s. 447.04 (1m),
a dental hygienist licensed under s. 447.04 (2), or a person
6under the direct supervision of a dentist.
AB169,56 7Section 56. 462.04 of the statutes is amended to read:
AB169,26,16 8462.04 Prescription or order required. A person who holds a license or
9limited X-ray machine operator permit under this chapter may not use diagnostic
10X-ray equipment on humans for diagnostic purposes unless authorized to do so by
11prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
12under s. 447.04 (1), a dental therapist licensed under s. 447.04 (1m), a podiatrist
13licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced
14practice nurse certified under s. 441.16 (2), a physician assistant licensed under s.
15448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical therapist who is licensed under
16s. 448.53 or who holds a compact privilege under subch. IX of ch. 448.
AB169,57 17Section 57 . 463.10 (5) of the statutes is amended to read:
AB169,26,2118 463.10 (5) Exception. Subsections (2) to (4m) do not apply to a dentist who is
19licensed under s. 447.03 (1) or to a
, dental therapist, or physician who tattoos or
20offers to tattoo a person in the course of the dentist's, dental therapist's, or physician's
21professional practice.
AB169,58 22Section 58 . 463.12 (5) of the statutes is amended to read:
AB169,27,223 463.12 (5) Exception. Subsections (2) to (4m) do not apply to a dentist who is
24licensed under s. 447.03 (1) or to a
, dental therapist, or physician who pierces the

1body of or offers to pierce the body of a person in the course of the dentist's, dental
2therapist's,
or physician's professional practice.
AB169,59 3Section 59 . 632.87 (4) of the statutes is amended to read:
AB169,27,84 632.87 (4) No policy, plan or contract may exclude coverage for diagnosis and
5treatment of a condition or complaint by a licensed dentist or dental therapist within
6the scope of the dentist's or dental therapist's license, if the policy, plan or contract
7covers diagnosis and treatment of the condition or complaint by another health care
8provider, as defined in s. 146.81 (1) (a) to (p).
AB169,60 9Section 60 . 895.48 (1m) (a) (intro.) of the statutes is amended to read:
AB169,27,2110 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, physician
11assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed
12under ch. 446, dentist or dental therapist licensed under ch. 447, emergency medical
13services practitioner licensed under s. 256.15, emergency medical responder
14certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage
15therapist or bodywork therapist licensed under ch. 460 who renders voluntary health
16care to a participant in an athletic event or contest sponsored by a nonprofit
17corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001
18(3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s.
1946.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability
20for his or her acts or omissions in rendering that care if all of the following conditions
21exist:
AB169,61 22Section 61 . 895.48 (1m) (a) 2. of the statutes is amended to read:
AB169,28,223 895.48 (1m) (a) 2. The physician, podiatrist, athletic trainer, chiropractor,
24dentist, dental therapist, emergency medical services practitioner, as defined in s.
25256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), physician

1assistant, registered nurse, massage therapist or bodywork therapist does not
2receive compensation for the health care, other than reimbursement for expenses.
AB169,62 3Section 62 . 941.315 (5) of the statutes is amended to read:
AB169,28,74 941.315 (5) (a) Subsection (2) does not apply to a person to whom nitrous oxide
5is administered for the purpose of providing medical or dental care, if the nitrous
6oxide is administered by a physician or, dentist, or dental therapist or at the direction
7or under the supervision of a physician or, dentist, or dental therapist.
AB169,28,118 (b) Subsection (3) does not apply to the administration of nitrous oxide by a
9physician or, dentist, or dental therapist, or by another person at the direction or
10under the supervision of a physician or, dentist, or dental therapist, for the purpose
11of providing medical or dental care.
AB169,28,1512 (c) Subsection (3) (c) does not apply to the sale to a hospital, health care clinic
13or other health care organization or to a physician or , dentist, or dental therapist of
14any object used, designed for use or primarily intended for use in administering
15nitrous oxide for the purpose of providing medical or dental care.
AB169,63 16Section 63 . Nonstatutory provisions.
AB169,28,2017 (1) The dentistry examining board shall send a notice to the legislative
18reference bureau for publication in the Wisconsin Administrative Register when the
19board determines that 50 or more individuals are currently licensed as dental
20therapists in this state under s. 447.04 (1m).
AB169,29,421 (2) (a) The dentistry examining board shall promulgate emergency rules under
22s. 227.24 that are necessary to implement this act. Notwithstanding s. 227.24 (1) (c)
23and (2), emergency rules promulgated under this paragraph remain in effect for 2
24years, or until the date on which permanent rules take effect, whichever is sooner.
25Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide

1evidence that promulgating a rule under this paragraph as an emergency rule is
2necessary for the preservation of the public peace, health, safety, or welfare and is
3not required to provide a finding of emergency for a rule promulgated under this
4paragraph.
AB169,29,115 (b) The dentistry examining board shall present a statement of scope for
6permanent and emergency rules required to implement this act to the department
7of administration under s. 227.135 (2) no later than the 30th day after the effective
8date of this paragraph. Notwithstanding s. 227.135 (2), if the governor does not
9disapprove the statement of scope by the 30th day after the statement is presented
10to the department of administration, the statement is considered to be approved by
11the governor.
AB169,29,1712 (c) The dentistry examining board shall submit a proposed emergency rule
13required to implement this act to the governor for approval under s. 227.24 (1) (e) 1g.
14no later than the 150th day after the effective date of this paragraph.
15Notwithstanding s. 227.24 (1) (e) 1g., if the governor does not reject the proposed
16emergency rule by the 14th day after the rule is submitted to the governor in final
17draft form, the rule is considered to be approved by the governor.
AB169,29,2318 (d) The dentistry examining board shall submit a proposed permanent rule
19required to implement this act to the governor for approval under s. 227.185 no later
20than the 365th day after the effective date of this paragraph. Notwithstanding s.
21227.185, if the governor does not reject that proposed permanent rule by the 30th day
22after the rule is submitted to the governor in final draft form, the rule is considered
23to be approved by the governor.
AB169,64 24Section 64 . Effective dates. This act takes effect on the day after publication,
25except as follows:
AB169,30,3
1(1) The treatment of s. 15.405 (6) (b) takes effect on the date the notice under
2s. 447.02 (6) is published in the Wisconsin Administrative Register or on the first day
3of the 6th year beginning after publication, whichever occurs first.
AB169,30,44 (End)
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