LRB-2370/1
MED&KP:skw
2021 - 2022 LEGISLATURE
March 16, 2021 - Introduced by Representatives Plumer, Armstrong, Baldeh,
Brooks, Callahan, Dittrich, Duchow, Gundrum, Krug, Magnafici, Moses,
Mursau, L. Myers, Neylon, Ramthun, J. Rodriguez, Rozar, Schraa,
Skowronski, Snyder, Spiros, Tauchen and Zimmerman, cosponsored by
Senators Felzkowski, Bernier, Darling, Kooyenga, Pfaff, Ringhand,
Stafsholt, Stroebel and L. Taylor. Referred to Committee on Assembly
Organization.
AB169,2,2
1An Act to amend 15.405 (6) (b), 36.61 (1) (b), 36.61 (3) (a), 36.61 (5) (b) 1., 36.61
2(8) (c) 3., 146.81 (1) (c), 146.89 (1) (r) 1., 146.89 (1) (r) 5., 146.89 (3) (b) 8., 146.89
3(3m) (intro.), 146.997 (1) (d) 3., 155.01 (7), 252.14 (1) (ar) 3., 257.01 (5) (a), 257.01
4(5) (b), 447.02 (1) (a), 447.02 (1) (b), 447.02 (2) (a), 447.02 (3) (a) (intro.), 447.02
5(3) (a) 2., 447.02 (3) (b), 447.02 (5), 447.03 (3) (c), 447.05, 447.06 (1), 447.06 (2)
6(a) 3., 447.06 (2) (b), 447.06 (2) (c) (intro.), 447.06 (2) (c) 2. (intro.), 447.063,
7447.065, 447.07 (1), 447.07 (3) (intro.), 447.07 (3) (e) to (h), 447.40 (intro.),
8447.40 (6), 448.03 (2) (a), 448.21 (1) (a), 450.03 (1) (e), 450.10 (3) (a) 4., 462.02
9(2) (d), 462.04, 463.10 (5), 463.12 (5), 632.87 (4), 895.48 (1m) (a) (intro.), 895.48
10(1m) (a) 2. and 941.315 (5); and
to create 36.61 (1) (ak), 440.03 (13) (b) 20m.,
11440.08 (2) (a) 25m., 447.01 (6g), 447.01 (6r), 447.02 (1) (g), 447.02 (3) (a) 3.,
12447.02 (6), 447.03 (1m), 447.03 (3) (am), 447.04 (1m), 447.057, 447.06 (1m) and
13447.06 (3) of the statutes;
relating to: licensure of dental therapists; extending
14the time limit for emergency rule procedures; providing an exemption from
1emergency rule procedures; providing an exemption from rule-making
2procedures; and granting rule-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 an approved dental therapy
program and passage of required examinations.
Dental therapists may provide dental therapy services only under the
supervision of a dentist with whom the dental therapist has a collaborative
management agreement that addresses various aspects of the dental therapist's
practice. Dental therapists are, subject to the terms of a collaborative management
agreement and what was covered in their dental therapy education program, 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 may initially provide dental therapy services only under the direct
or indirect supervision of a qualifying dentist. Once a dental therapist licensed has
provided dental therapy services for at least 2,000 hours, the dental therapist may
provide services under the general supervision of a qualifying dentist. However, the
level of supervision for a dental therapist may be further limited under the terms of
a collaborative management agreement. Dental therapists must also, under the bill,
either 1) limit their practice to federally defined dental shortage areas or 2) practice
in settings where at least 50 percent of their patient base consists of certain specified
populations. 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 50 individuals become licensed as a
dental therapist in this state or five years after the bill is enacted, that, to the extent
possible, one of the dental hygienist members on the board also be licensed as a
dental therapist.
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:
AB169,1
1Section
1. 15.405 (6) (b) of the statutes is amended to read:
AB169,3,72
15.405
(6) (b) Three dental hygienists who are licensed under ch. 447.
The
3governor shall, to the extent possible, appoint members under this paragraph so that
4at least one of the members under this paragraph is an individual who is also a dental
5therapist licensed under ch. 447. Notwithstanding s. 15.08 (1m) (a), the
dental
6hygienist members
under this paragraph may participate in the preparation and
7grading of licensing examinations for dental hygienists.
AB169,2
8Section 2
. 36.61 (1) (ak) of the statutes is created to read:
AB169,3,109
36.61
(1) (ak) “Dental therapist” means an individual licensed under s. 447.04
10(1m).
AB169,3
11Section 3
. 36.61 (1) (b) of the statutes is amended to read:
AB169,3,1312
36.61
(1) (b) “Health care provider" means a
dental therapist, dental hygienist,
13physician assistant, nurse-midwife, or nurse practitioner.
AB169,4
14Section 4
. 36.61 (3) (a) of the statutes is amended to read:
AB169,3,2115
36.61
(3) (a) The board shall enter into a written agreement with the health
16care provider. In the agreement, the health care provider shall agree to practice at
17least 32 clinic hours per week for 3 years in one or more eligible practice areas in this
18state or in a rural area, except that a health care provider in the expanded loan
19assistance program under sub. (8) who is not a
dental therapist or dental hygienist
20may only agree to practice at a public or private nonprofit entity in a health
21professional shortage area.
AB169,5
1Section
5. 36.61 (5) (b) 1. of the statutes is amended to read:
AB169,4,72
36.61
(5) (b) 1. The degree to which there is an extremely high need for medical
3care in the eligible practice area, health professional shortage area, or rural area in
4which an eligible applicant who is not a
dental therapist or dental hygienist desires
5to practice and the degree to which there is an extremely high need for dental care
6in the dental health shortage area or rural area in which an eligible applicant who
7is a
dental therapist or dental hygienist desires to practice.
AB169,6
8Section 6
. 36.61 (8) (c) 3. of the statutes is amended to read:
AB169,4,129
36.61
(8) (c) 3. Practice at a public or private nonprofit entity in a health
10professional shortage area, if the health care provider is not a
dental therapist or 11dental hygienist, or in a dental health shortage area, if the health care provider is
12a
dental therapist or dental hygienist.
AB169,7
13Section 7
. 146.81 (1) (c) of the statutes is amended to read:
AB169,4,1414
146.81
(1) (c) A dentist
or dental therapist licensed under ch. 447.
AB169,8
15Section 8
. 146.89 (1) (r) 1. of the statutes is amended to read:
AB169,4,2016
146.89
(1) (r) 1. Licensed as a physician under ch. 448, a dentist
, dental
17therapist, or dental hygienist under ch. 447, a registered nurse, practical nurse, or
18nurse-midwife under ch. 441, an optometrist under ch. 449, a physician assistant
19under ch. 448, a pharmacist under ch. 450, a chiropractor under ch. 446, a podiatrist
20under subch. IV of ch. 448, or a physical therapist under subch. III of ch. 448.
AB169,9
21Section 9
. 146.89 (1) (r) 5. of the statutes is amended to read:
AB169,5,222
146.89
(1) (r) 5. An individual who holds a valid, unexpired license,
23certification, or registration issued by another state or territory that authorizes or
24qualifies the individual to perform acts that are substantially the same as those acts
25that an individual who is described in subds. 1. to 4., except a dentist
, dental
1therapist, or dental hygienist, is licensed or certified to perform and who performs
2acts that are within the scope of that license, certification, or registration.
AB169,10
3Section 10
. 146.89 (3) (b) 8. of the statutes is amended to read:
AB169,5,84
146.89
(3) (b) 8. Dental services, including tooth extractions and other
5procedures done under local anesthesia only and any necessary suturing related to
6the extractions, performed by a dentist
or dental therapist who is a volunteer health
7provider; and dental hygiene services, performed by a dental hygienist who is a
8volunteer health provider.
AB169,11
9Section 11
. 146.89 (3m) (intro.) of the statutes is amended to read:
AB169,5,1310
146.89
(3m) (intro.) A volunteer health care provider who is a dentist
or dental
11therapist may provide dental services or a volunteer health care provider who is a
12dental hygienist may provide dental hygiene services, to persons who are recipients
13of Medical Assistance, if all of the following apply:
AB169,12
14Section 12
. 146.997 (1) (d) 3. of the statutes is amended to read:
AB169,5,1515
146.997
(1) (d) 3. A dentist
or dental therapist licensed under ch. 447.
AB169,13
16Section
13. 155.01 (7) of the statutes is amended to read:
AB169,6,317
155.01
(7) “Health care provider" means a nurse licensed or permitted under
18ch. 441, a chiropractor licensed under ch. 446, a dentist
or dental therapist licensed
19under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical
20therapist, physical therapist assistant, occupational therapist, or occupational
21therapy assistant licensed under ch. 448, a person practicing Christian Science
22treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch.
23455, a physical therapist or physical therapist assistant who holds a compact
24privilege under subch. IX of ch. 448, a partnership thereof, a corporation or limited
25liability company thereof that provides health care services, a cooperative health
1care association organized under s. 185.981 that directly provides services through
2salaried employees in its own facility, or a home health agency, as defined in s. 50.49
3(1) (a).
AB169,14
4Section 14
. 252.14 (1) (ar) 3. of the statutes is amended to read:
AB169,6,55
252.14
(1) (ar) 3. A dentist
or dental therapist licensed under ch. 447.
AB169,15
6Section 15
. 257.01 (5) (a) of the statutes is amended to read:
AB169,6,127
257.01
(5) (a) An individual who is licensed as a physician, a physician
8assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed
9practical nurse, or nurse-midwife under ch. 441, licensed as a dentist
or dental
10therapist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a
11veterinarian or certified as a veterinary technician under ch. 89, or certified as a
12respiratory care practitioner under ch. 448.
AB169,16
13Section 16
. 257.01 (5) (b) of the statutes is amended to read:
AB169,6,2114
257.01
(5) (b) An individual who was at any time within the previous 10 years,
15but is not currently, licensed as a physician, a physician assistant, or a podiatrist
16under ch. 448, licensed as a registered nurse, licensed practical nurse or
17nurse-midwife, under ch. 441, licensed as a dentist
or dental therapist under ch. 447,
18licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a
19veterinary technician under ch. 89, or certified as a respiratory care practitioner
20under ch. 448, if the individual's license or certification was never revoked, limited,
21suspended, or denied renewal.
AB169,17
22Section 17
. 440.03 (13) (b) 20m. of the statutes is created to read:
AB169,6,2323
440.03
(13) (b) 20m. Dental therapist.
AB169,18
24Section 18
. 440.08 (2) (a) 25m. of the statutes is created to read:
AB169,6,2525
440.08
(2) (a) 25m. Dental therapist: October 1 of each odd-numbered year.
AB169,19
1Section
19. 447.01 (6g) of the statutes is created to read:
AB169,7,32
447.01
(6g) “Dental therapist” means an individual who practices dental
3therapy.
AB169,20
4Section 20
. 447.01 (6r) of the statutes is created to read:
AB169,7,65
447.01
(6r) “Dental therapy” means the limited practice of dentistry, consisting
6of the services, treatments, and procedures specified in s. 447.06 (3) (b).
AB169,21
7Section 21
. 447.02 (1) (a) of the statutes is amended to read:
AB169,7,118
447.02
(1) (a) Governing the reexamination of an applicant who fails an
9examination specified in s. 447.04 (1) (a) 5.
, (1m) (e), or (2) (a) 5. The rules may specify
10additional educational requirements for those applicants and may specify the
11number of times an applicant may be examined.
AB169,22
12Section 22
. 447.02 (1) (b) of the statutes is amended to read:
AB169,7,1413
447.02
(1) (b) Governing the standards and conditions for the use of radiation
14and ionizing equipment in the practice of dentistry
or dental therapy.