SB181: Bill Text

SB181,29 Section 29 . 447.02 (5) of the statutes is amended to read:

SB181,8,23 447.02 (5) Except as provided in ss. 447.058 and 447.063, nothing in this chapter may be construed as authorizing the examining board to regulate business or administrative support functions or services, that do not constitute the practice of dentistry, dental therapy, or dental hygiene, provided to a business that provides dental or dental hygiene services.

SB181,30 Section 30. 447.02 (6) of the statutes is created to read:

SB181,9,5 447.02 (6) The examining board shall send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register when the board determines that 50 or more individuals are currently licensed as dental therapists in this state under s. 447.04 (1m). This subsection does not apply on or after the first day of the 6th year beginning after publication of this act .... [LRB inserts date].

SB181,31 Section 31 . 447.03 (1m) of the statutes is created to read:

SB181,9,9 447.03 (1m) Dental therapists. Except as provided under sub. (3) and s. 447.02 (3), no person may do any of the following unless he or she is licensed to practice dental therapy under this chapter:

SB181,9,10 (a) Practice or offer to practice dental therapy.

SB181,9,13 (b) Represent himself or herself to the public as a dental therapist or use, in connection with his or her name, any title or description that may convey the impression that he or she is a dental therapist.

SB181,32 Section 32 . 447.03 (3) (am) of the statutes is created to read:

SB181,9,19 447.03 (3) (am) A dental therapy student who practices dental therapy under the supervision of a dentist in an infirmary, clinic, hospital, or other institution connected or associated for training purposes with a dental therapy school accredited by the American Dental Association commission on dental accreditation or its successor agency.

SB181,33 Section 33 . 447.03 (3) (c) of the statutes is amended to read:

SB181,9,24 447.03 (3) (c) An individual licensed to practice dentistry, dental therapy, or dental hygiene in another state or country who practices dentistry , dental therapy, or dental hygiene in a program of dental education or research at the invitation of a group of dentists or practices dentistry, dental therapy, or dental hygiene under the jurisdiction of the army, navy, air force, U.S. public health service, or veterans bureau.

SB181,34 Section 34 . 447.04 (1m) of the statutes is created to read:

SB181,10,5 447.04 (1m) Dental therapists. The examining board shall grant a license to practice dental therapy to an individual who does all of the following:

SB181,10,7 (a) Submits an application for the license to the department on a form provided by the department.

SB181,10,8 (b) Pays the fee specified in s. 440.05 (1).

SB181,10,10 (c) Submits evidence satisfactory to the examining board that he or she has done one of the following:

SB181,10,13 1. Graduated from a dental therapy education program accredited by the American Dental Association commission on dental accreditation or its successor agency.

SB181,10,18 2. Graduated from a dental therapy education program that was not accredited by the American Dental Association commission on dental accreditation or its successor agency at the time of graduation, but was, on or before the effective date of this subdivision .... [LRB inserts date], accredited or approved by the Minnesota Board of Dentistry.

SB181,10,25 3. Graduated from a dental therapy education program located outside this state that was not accredited by the American Dental Association commission on dental accreditation or its successor agency, but that is approved by the examining board. The examining board shall approve a program under this subdivision if the examining board determines that the dental therapy education program is substantially similar to a program accredited by the American Dental Association commission on dental accreditation or its successor agency.

SB181,11,8 (d) Submits evidence satisfactory to the examining board that he or she has passed a national board dental therapy examination and a dental therapy clinical examination administered by a regional testing service that has been approved by the examining board to administer clinical examinations for dental professionals. If a national board examination or a regional testing service examination for dental therapy does not exist, the examining board shall accept evidence of passing an alternative examination administered by another entity or testing service that is approved by the examining board.

SB181,11,10 (e) Passes an examination administered by the examining board on the statutes and rules relating to dental therapy.

SB181,11,15 (f) Submits evidence satisfactory to the examining board that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

SB181,11,19 (g) If the individual was licensed or is currently licensed in another state or territory of the United States or in another country, the individual submits information related to his or her licensure in other jurisdictions as required by the examining board.

SB181,11,23 (h) Completes any other requirements established by the examining board by rule that are comparable to and no more restrictive than the requirements established by the board for dentists under sub. (1) (a) 6. and dental hygienists under sub. (2) (a) 6.

SB181,35 Section 35 . 447.05 of the statutes is amended to read:

SB181,12,24 447.05 Expiration and renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a). The examining board may not renew a license to practice dentistry unless the applicant for renewal attests that he or she has complied with s. 447.056, that he or she has current proficiency in cardiopulmonary resuscitation, including and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. The examining board may not renew a license to practice dental therapy unless the applicant for renewal attests that he or she has complied with s. 447.057 and any rules promulgated under s. 447.057, that he or she has current proficiency in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. The examining board may not renew a license to practice dental hygiene unless the applicant for renewal attests that he or she has complied with s. 447.055 and any rules promulgated by the examining board under s. 447.055, that he or she has a current certification in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

SB181,36 Section 36 . 447.057 of the statutes is created to read:

SB181,13,9 447.057 Continuing education; dental therapists. (1) (a) Except as provided in subs. (3) and (4), a person is not eligible for renewal of a license to practice dental therapy, other than a permit issued under s. 447.02 (3), unless the person has taught, prepared, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), 12 credit hours of continuing education relating to the clinical practice of dental therapy that is sponsored or recognized by a local, state, regional, national, or international dental, dental therapy, dental hygiene, dental assisting, or medical-related professional organization.

SB181,13,11 (b) Continuing education required under par. (a) may include training in all of the following:

SB181,13,13 1. Basic life support or cardiopulmonary resuscitation. Not more than 2 of the credit hours required under par. (a) may be satisfied by such training.

SB181,13,15 2. Infection control. Not less than 2 of the credit hours required under par. (a) must be satisfied by such training.

SB181,13,18 (c) After consultation with the department of health services, the examining board may promulgate rules requiring that continuing education credit hours under par. (a) include courses in specific clinical subjects.

SB181,13,20 (2) The credit hours required under sub. (1) (a) may be satisfied by independent study, correspondence, or Internet programs or courses.

SB181,13,23 (3) Subsection (1) (a) does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.

SB181,14,2 (4) A person may substitute credit hours of college level courses related to the practice of dental therapy for the credit hours required under sub. (1) (a). For purposes of this subsection, one credit hour of a college level course is equivalent to 6 credit hours of continuing education.

SB181,14,6 (5) For purposes of sub. (1) (a), one hour of teaching or preparing a continuing education program is equivalent to one credit hour of continuing education, but a person who teaches or prepares a continuing education program may obtain credit for the program only once.

SB181,14,9 (6) The examining board may require applicants for renewal of a license to practice dental therapy to submit proof of compliance with the requirements of this section.

SB181,37 Section 37 . 447.06 (1) of the statutes is amended to read:

SB181,14,17 447.06 (1) No contract of employment entered into between a dentist or dental therapist and any other party under which the dentist or dental therapist renders dental services may require the dentist or dental therapist to act in a manner which that violates the professional standards for dentistry or dental therapy set forth in this chapter. Nothing in this subsection limits the ability of the other party to control the operation of the dental practice in a manner in accordance with the professional standards for dentistry or dental therapy set forth in this chapter.

SB181,38 Section 38 . 447.06 (1m) of the statutes is created to read:

SB181,14,22 447.06 (1m) No contract of employment entered into between a dental therapist and any other party under which the dental therapist is employed to practice dental therapy may require a dental therapist to meet a minimum quota for the number of patients seen or the number of procedures performed.

SB181,39 Section 39 . 447.06 (2) (a) 3. of the statutes is amended to read:

SB181,14,25 447.06 (2) (a) 3. For a school for the education of dentists, dental therapists, or dental hygienists.

SB181,40 Section 40. 447.06 (2) (b) of the statutes is amended to read:

SB181,15,6 447.06 (2) (b) A dental hygienist may practice dental hygiene or perform remediable procedures under par. (a) 1. only as authorized by a dentist or dental therapist who is licensed to practice dentistry or dental therapy under this chapter and who is present in the facility in which those practices or procedures are performed, except as provided in par. (c).

SB181,41 Section 41 . 447.06 (2) (c) (intro.) of the statutes is amended to read:

SB181,15,12 447.06 (2) (c) (intro.) A dental hygienist may practice dental hygiene or perform remediable procedures under par. (a) 1. if a dentist or dental therapist who is licensed to practice dentistry or dental therapy under this chapter is not present in the facility in which those practices or procedures are performed only if all of the following conditions are met:

SB181,42 Section 42 . 447.06 (2) (c) 2. (intro.) of the statutes is amended to read:

SB181,15,16 447.06 (2) (c) 2. (intro.) The dentist or dental therapist who made the written or oral prescription has examined the patient at least once during the 12-month period immediately preceding:

SB181,43 Section 43 . 447.06 (3) of the statutes is created to read:

SB181,15,18 447.06 (3) (a) In this subsection:

SB181,15,19 1. “Collaborative management agreement” means an agreement under par. (d).

SB181,15,20 2. “Dental health shortage area” has the meaning given in s. 36.60 (1) (ad).

SB181,15,24 3. “Direct supervision” means that the dentist is present in the dental office or other practice setting, personally diagnoses the condition to be treated, personally authorizes each procedure, and before dismissal of the patient, evaluates the performance of the allied dental personnel.

SB181,16,5 4. “General supervision” means that the dentist is not present in the dental office or other practice setting or on the premises at the time tasks or procedures are being performed by the dental therapist, but that the tasks or procedures performed by the dental therapist are being performed with the prior knowledge and consent of the dentist.

SB181,16,8 5. “Indirect supervision” means that the dentist is present in the dental office or other practice setting, authorizes each procedure, and remains in the office while the procedures are being performed by the allied dental personnel.

SB181,16,10 6. “Medical Assistance patient” means a patient who is a recipient of services under the Medical Assistance program under subch. IV of ch. 49.

SB181,16,12 7. “Qualifying dentist” means a dentist who is licensed in this state and who is actively practicing in this state.

SB181,16,16 8. “Uninsured patient” means a patient who lacks dental health coverage, either through a public health care program or private insurance, and has an annual gross family income equal to or less than 200 percent of the federal poverty guidelines.

SB181,16,19 (b) The scope of practice of a dental therapist shall, subject to the terms of a collaborative management agreement, be limited to providing the following services, treatments, and procedures:

SB181,16,21 1. Oral evaluation and assessment of dental disease and formulation of an individualized treatment plan.

SB181,16,24 2. Identification of oral and systemic conditions requiring evaluation or treatment by dentists, physicians, or other health care providers and managing referrals.

SB181,16,25 3. Comprehensive charting of the oral cavity.

SB181,17,2 4. Oral health instruction and disease prevention education, including nutritional counseling and dietary analysis.

SB181,17,3 5. Exposure and evaluation of radiographic images.

SB181,17,4 6. Dental prophylaxis, including subgingival scaling and polishing procedures.

SB181,17,7 7. Dispensing and administration via the oral or topical route of nonnarcotic analgesic, anti-inflammatory, and antibiotic medications as prescribed by a licensed health care provider.

SB181,17,10 8. Application of topical preventive or prophylactic agents, including fluoride varnish, antimicrobial agents, caries arresting medicaments, and pit and fissure sealants.

SB181,17,11 9. Pulp vitality testing.

SB181,17,12 10. Application of desensitizing medications or resins.

SB181,17,13 11. Fabrication of athletic mouth guards and soft occlusal guards.

SB181,17,14 12. Changing of periodontal dressings.

SB181,17,15 13. Administration of local anesthetic and nitrous oxide.

SB181,17,16 14. Simple extraction of erupted primary teeth.

SB181,17,20 15. Nonsurgical extraction of periodontally diseased permanent teeth with tooth mobility of +3 to +4 to the extent authorized in the dental therapist's collaborative management agreement, except for the extraction of a tooth that is unerupted, impacted, or fractured or that needs to be sectioned for removal.

SB181,17,22 16. Emergency palliative treatment of dental pain limited to the procedures in this paragraph.

SB181,17,24 17. Preparation and placement of direct restoration in primary and permanent teeth.

SB181,17,25 18. Fabrication and placement of single-tooth temporary crowns.

SB181,18,1 19. Preparation and placement of preformed crowns on primary teeth.

SB181,18,2 20. Indirect and direct pulp capping on permanent teeth.

SB181,18,3 21. Indirect pulp capping on primary teeth.

SB181,18,4 22. Intraoral suture placement and removal.

SB181,18,5 23. Minor adjustment and repair of removable prostheses.

SB181,18,6 24. Placement and removal of space maintainers.

SB181,18,7 25. Pulpotomy on primary teeth.

SB181,18,8 26. Tooth reimplantation and stabilization.

SB181,18,9 27. Recementing of a permanent crown.

SB181,18,11 28. Any additional services, treatments, or procedures specified in the rules promulgated under s. 447.02 (1) (g).