2023 WISCONSIN ACT 88
An Act to renumber and amend 440.03 (13) (c) 2.; to amend 15.405 (6) (a), 15.405 (6) (b), 36.60 (1) (ae), 45.40 (1g) (a), 77.54 (14) (f) 6., 146.81 (1) (c), 146.997 (1) (d) 3., 155.01 (7), 252.14 (1) (ar) 3., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (b), chapter 447 (title), 447.01 (intro.), 447.01 (8) (bm), 447.01 (13), 447.02 (1) (e), 447.02 (2) (c), 447.02 (2) (d), 447.02 (2) (e), 447.02 (2) (j), 447.02 (4), 447.02 (5), 447.03 (1) (intro.), 447.03 (2) (intro.), 447.03 (3) (intro.), 447.06 (1), 447.06 (2) (b), 447.06 (2) (c) (intro.), 447.06 (2) (e) (intro.), 447.065 (1) (intro.), 447.065 (2), 447.07 (3) (intro.), 447.07 (3) (f), 447.07 (3) (j), 447.09, 447.10, 447.12 (1), 448.956 (4), 450.10 (3) (a) 4., 451.02 (1), 462.02 (2) (d), 462.04, 463.10 (5), 463.12 (5) and 895.48 (1m) (a) (intro.); and to create 14.875, 440.03 (11m) (c) 1t., 440.03 (13) (c) 1. L., subchapter I (title) of chapter 447 [precedes 447.01], 447.01 (1t), 447.01 (1u), 447.04 (1) (bm), 447.04 (2) (bm), subchapter II of chapter 447 [precedes 447.50] and 990.01 (6m) of the statutes; relating to: ratification of the Dentist and Dental Hygienist Compact.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
88,1Section 1. 14.875 of the statutes is created to read: 14.875 Dentist and dental hygienist compact. There is created a dentist and dental hygienist compact commission as specified in s. 447.50. The commissioner on the commission representing this state shall be appointed by the dentistry examining board as provided in s. 447.50 (7) (b) 1. and shall be an individual described in s. 447.50 (7) (b) 2. The commission has the powers and duties granted and imposed under s. 447.50.
88,2Section 2. 15.405 (6) (a) of the statutes is amended to read: 15.405 (6) (a) Six dentists who are licensed under subch. I of ch. 447.
88,3Section 3. 15.405 (6) (b) of the statutes is amended to read: 15.405 (6) (b) Three dental hygienists who are licensed under subch. I of ch. 447. Notwithstanding s. 15.08 (1m) (a), the dental hygienist members may participate in the preparation and grading of licensing examinations for dental hygienists.
88,4Section 4. 36.60 (1) (ae) of the statutes is amended to read: 36.60 (1) (ae) “Dentist” means a dentist, as defined in s. 447.01 (7), who is licensed under subch. I of ch. 447 and who practices general or pediatric dentistry.
88,5Section 5. 45.40 (1g) (a) of the statutes, as affected by 2023 Wisconsin Act 56, is amended to read: 45.40 (1g) (a) “Health care provider” means an advanced practice nurse prescriber who is certified under s. 441.16 (2), an audiologist who is licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, a dentist who is licensed under subch. I of ch. 447 or who holds a compact privilege under subch. II of ch. 447, an optometrist who is licensed under ch. 449, a physician who is licensed under s. 448.02, or a podiatrist who is licensed under s. 448.63.
88,6Section 6. 77.54 (14) (f) 6. of the statutes is amended to read: 77.54 (14) (f) 6. A dentist who is licensed under subch. I of ch. 447 or who holds a compact privilege under subch. II of ch. 447.
88,7Section 7. 146.81 (1) (c) of the statutes is amended to read: 146.81 (1) (c) A dentist who is licensed under ch. 447 or who holds a compact privilege under subch. II of ch. 447.
88,8Section 8. 146.997 (1) (d) 3. of the statutes is amended to read: 146.997 (1) (d) 3. A dentist who is licensed under ch. 447 or who holds a compact privilege under subch. II of ch. 447.
88,9Section 9. 155.01 (7) of the statutes, as affected by 2023 Wisconsin Act 81, is amended to read: 155.01 (7) “Health care provider” means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under subch. I of ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, or genetic counselor licensed under ch. 448, a naturopathic doctor licensed under ch. 466, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b), a dentist who holds a compact privilege under subch. II of ch. 447, a physical therapist or physical therapist assistant who holds a compact privilege under subch. XI of ch. 448, an occupational therapist or occupational therapy assistant who holds a compact privilege under subch. XII of ch. 448, a physician assistant who holds a compact privilege under subch. XIII of ch. 448, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).
88,10Section 10. 252.14 (1) (ar) 3. of the statutes is amended to read: 252.14 (1) (ar) 3. A dentist who is licensed under subch. I of ch. 447 or who holds a compact privilege under subch. II of ch. 447.
88,11Section 11. 440.03 (9) (a) (intro.) of the statutes, as affected by 2023 Wisconsin Acts 55, 56 and 81, is amended to read: 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal and any fees imposed under ss. 447.51 (2), 448.986 (2), 448.9875 (2), and 448.9885 (2), and 457.51 (2), and 459.71 (2) by doing all of the following:
88,12Section 12. 440.03 (9) (a) 2. of the statutes, as affected by 2023 Wisconsin Acts 55, 56 and 81, is amended to read: 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 447.51 (2), 448.986 (2), 448.9875 (2), and 448.9885 (2), and 457.51 (2), and 459.71 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department’s general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.
88,13Section 13. 440.03 (11m) (c) 1t. of the statutes is created to read: 440.03 (11m) (c) 1t. The coordinated database and reporting system under s. 447.50 (8), if such disclosure is required under the dentist and dental hygienist compact under s. 447.50.
88,14Section 14. 440.03 (13) (b) (intro.) of the statutes, as affected by 2023 Wisconsin Acts 55, 56 and 81, is amended to read: 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 455.50 (3) (e) 4. and (f) 4., and 457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 2.:
88,16Section 16. 440.03 (13) (c) 1. L. of the statutes is created to read: 440.03 (13) (c) 1. L. An applicant for a dentist or dental hygienist license or compact privilege under s. 447.04 when required pursuant to the dentist and dental hygienist compact under s. 447.50.
88,15Section 15. 440.03 (13) (c) 2. of the statutes, as affected by 2023 Wisconsin Acts 55, 56 and 81, is amended to read: 440.03 (13) (c) 2. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants identified in subd. 1. c. to i. L., to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.
88,17Section 17. 440.15 of the statutes, as affected by 2023 Wisconsin Acts 55, 56 and 81, is amended to read: 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., and 457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 1., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department’s or the credentialing board’s credentialing.
88,18Section 18. 446.01 (1v) (b) of the statutes is amended to read: 446.01 (1v) (b) Dentistry examining board under subch. I of ch. 447. “Health care professional” also includes an individual who holds a compact privilege under subch. II of ch. 447.
88,19Section 19. Chapter 447 (title) of the statutes is amended to read: CHAPTER 447
DENTISTRY EXAMINING BOARD
AND DENTAL HYGIENE
88,20Section 20. Subchapter I (title) of chapter 447 [precedes 447.01] of the statutes is created to read: CHAPTER 447
SUBCHAPTER I
REGULATION OF DENTISTRY
AND DENTAL HYGIENE
88,21Section 21. 447.01 (intro.) of the statutes is amended to read: 447.01 Definitions. (intro.) In this chapter subchapter:
88,22Section 22. 447.01 (1t) of the statutes is created to read: 447.01 (1t) “Compact” means the dentist and dental hygienist compact under s. 447.50.
88,23Section 23. 447.01 (1u) of the statutes is created to read: 447.01 (1u) “Compact privilege” means a compact privilege, as defined in s. 447.50 (2) (g), that is granted under the compact to an individual to practice in this state.
88,24Section 24. 447.01 (8) (bm) of the statutes is amended to read: 447.01 (8) (bm) A dentist who is licensed under this chapter subchapter or who is exercising the compact privilege in this state may not perform dental services that are outside the scope of the dentist’s relevant education, training, and experience.
88,25Section 25. 447.01 (13) of the statutes is amended to read: 447.01 (13) “Written or oral prescription” means specific written or oral authorization by a dentist who is licensed to practice dentistry under this chapter to perform patient procedures according to a clearly defined treatment plan developed by the dentist.
88,26Section 26. 447.02 (1) (e) of the statutes is amended to read: 447.02 (1) (e) Providing for the granting of temporary licenses under this chapter subchapter.
88,27Section 27. 447.02 (2) (c) of the statutes is amended to read: 447.02 (2) (c) Whether an individual is required to be licensed under this chapter subchapter to remove plaque or materia alba accretions with mechanical devices.
88,28Section 28. 447.02 (2) (d) of the statutes is amended to read: 447.02 (2) (d) The oral systemic premedications and subgingival sustained release chemotherapeutic agents that may be administered by a dental hygienist licensed under this chapter under s. 447.06 (2) (e) 1. and 3.
88,29Section 29. 447.02 (2) (e) of the statutes is amended to read: 447.02 (2) (e) The educational requirements for administration of local anesthesia by a dental hygienist licensed under this chapter under s. 447.06 (2) (e) 2.
88,30Section 30. 447.02 (2) (j) of the statutes is amended to read: 447.02 (2) (j) The educational requirements for a dental hygienist licensed under this chapter to administer nitrous oxide inhalation analgesia under s. 447.06 (2) (e) 4.
88,31Section 31. 447.02 (4) of the statutes is amended to read: 447.02 (4) In the course of investigating a violation of this chapter subchapter, the examining board may require, by order or subpoena, that a person who manages or controls a business that offers dental or dental hygiene services, including management or control of a business through which the person allows another person to offer dental or dental hygiene services, produce patient health care records, as defined in s. 146.81 (4).
88,32Section 32. 447.02 (5) of the statutes is amended to read: 447.02 (5) Except as provided in ss. 447.058 and 447.063, nothing in this chapter subchapter 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 or dental hygiene, provided to a business that provides dental or dental hygiene services.
88,33Section 33. 447.03 (1) (intro.) of the statutes is amended to read: 447.03 (1) Dentists. (intro.) Except as provided under sub. (3) and ss. 257.03 and 447.02 (3), no person may do any of the following unless he or she is licensed to practice dentistry under this chapter subchapter or holds a compact privilege to practice dentistry:
88,34Section 34. 447.03 (2) (intro.) of the statutes is amended to read: 447.03 (2) Dental hygienists. (intro.) 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 hygiene under this chapter subchapter or holds a compact privilege to practice dental hygiene:
88,35Section 35. 447.03 (3) (intro.) of the statutes is amended to read: 447.03 (3) Exceptions. (intro.) No license or certificate under this chapter subchapter is required for any of the following:
88,36Section 36. 447.04 (1) (bm) of the statutes is created to read: 447.04 (1) (bm) The examining board shall grant a compact privilege to practice dentistry to an individual who does all of the following:
1. Submits an application for the compact privilege to the department on a form provided by the department.
2. Pays the applicable fee specified in s. 447.51 (2).
