AB43: Bill Text

AB43,,8157 (a) The unlicensed individual performs the remediable procedures in accordance with a treatment plan approved by the dentist or dental therapist.

AB43,,8158 (b) The dentist or dental therapist is on the premises when the unlicensed individual performs the remediable procedures.

AB43,,8159 (c) The unlicensed individual’s performance of the remediable procedures is subject to inspection by the dentist or dental therapist.

AB43,,8160 (2) Subject to the requirements under s. 447.06 (2), a dentist or dental therapist who is licensed to practice dentistry under this chapter may delegate to a dental hygienist who is licensed to practice dental hygiene under this chapter the performance of remediable procedures and the administration of oral systemic premedications, local anesthesia, nitrous oxide inhalation analgesia, and subgingival sustained release chemotherapeutic agents, to the extent the dentist or dental therapist has the authority to perform the activity personally.

AB43,,8161 (3) A dentist or dental therapist who delegates to another individual the performance of any practice or remediable procedure is responsible for that individual’s performance of that delegated practice or procedure.

AB43,2939 Section 2939. 447.07 (1) of the statutes is amended to read:

AB43,,8163 447.07 (1) The examining board may, without further notice or process, limit, suspend, or revoke the license or certificate of any dentist, dental therapist, or dental hygienist, or the registration of a mobile dentistry program registrant, who fails, within 60 days after the mailing of written notice to the dentist’s, dental therapist’s, dental hygienist’s, or registrant’s last-known address, to renew the license, certificate, or registration.

AB43,2940 Section 2940. 447.07 (3) (intro.) of the statutes is amended to read:

AB43,,8165 447.07 (3) (intro.) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to any alleged action of any dentist, dental therapist, dental hygienist, or expanded function dental auxiliary, of a mobile dentistry program registrant, or of any other person it has reason to believe is engaged in or has engaged in the practice of dentistry, dental therapy, or dental hygiene, or the operation of a mobile dentistry program, in this state, and may, on its own motion, or upon complaint in writing, reprimand any dentist, dental therapist, dental hygienist, or expanded function dental auxiliary who is licensed or certified under this chapter, or any mobile dentistry program registrant, or deny, limit, suspend, or revoke his or her license or certificate, or the registration of the mobile dentistry program registrant, if it finds that the dentist, dental therapist, dental hygienist, expanded function dental auxiliary, or mobile dentistry program registrant has done any of the following:

AB43,2941 Section 2941. 447.07 (3) (e) to (h) of the statutes are amended to read:

AB43,,8167 447.07 (3) (e) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a crime, the circumstances of which substantially relate to the practice of dentistry, dental therapy, or dental hygiene, the practice of an expanded function dental auxiliary, or the operation of a mobile dentistry program.

AB43,,8168 (f) Violated this chapter or any federal or state statute or rule that relates to the practice of dentistry, dental therapy, dental hygiene, or an expanded function dental auxiliary, or the operation of a mobile dentistry program.

AB43,,8169 (g) Subject to ss. 111.321, 111.322 and 111.34, practiced dentistry, dental therapy, or dental hygiene or as an expanded function dental auxiliary while his or her ability was impaired by alcohol or other drugs.

AB43,,8170 (h) Engaged in conduct that indicates a lack of knowledge of, an inability to apply or the negligent application of, principles or skills of dentistry, dental therapy, or dental hygiene or the practice of an expanded function dental auxiliary.

AB43,2942 Section 2942. 447.40 (intro.) of the statutes is amended to read:

AB43,,8172 447.40 Informed consent. (intro.) Any dentist or dental therapist who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable dentist standard is the standard for informing a patient under this section. The reasonable dentist standard requires disclosure only of information that a reasonable dentist would know and disclose under the circumstances. The dentist’s or dental therapist’s duty to inform the patient under this section does not require disclosure of any of the following:

AB43,2943 Section 2943. 447.40 (6) of the statutes is amended to read:

AB43,,8174 447.40 (6) Information about alternate modes of treatment for any condition the dentist or dental therapist has not included in his or her diagnosis, assessment, or treatment plan at the time the dentist or dental therapist informs the patient.

AB43,2944 Section 2944. 448.03 (2) (a) of the statutes is amended to read:

AB43,,8176 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to practice midwifery under subch. XIII of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry, dental therapy, or dental hygiene or as an expanded function dental auxiliary under ch. 447, to practice optometry under ch. 449, to practice as a physician assistant under subch. IX, to practice acupuncture under ch. 451 or under any other statutory provision, to practice naturopathic medicine under ch. 466, or as otherwise provided by statute.

AB43,2945 Section 2945. 448.03 (2) (a) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB43,,8178 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to practice midwifery under subch. XIII of ch. 440, to practice professional or, practical, or advanced practice registered nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry, dental therapy, or dental hygiene or as an expanded function dental auxiliary under ch. 447, to practice optometry under ch. 449, to practice as a physician assistant under subch. IX, to practice acupuncture under ch. 451 or under any other statutory provision, to practice naturopathic medicine under ch. 466, or as otherwise provided by statute.

****Note: This is reconciled s. 448.03 (2) (a). This Section has been affected by drafts with the following LRB numbers: -1105/P2 and -1910/P2.

AB43,2946 Section 2946. 448.03 (3m) of the statutes is created to read:

AB43,,8180 448.03 (3m) Use of terms representing physicians. Except as otherwise provided in this chapter, no person, except a licensed physician, may use or assume the following words, letters, or terms in his or her title, advertising, or description of services: “physician,” “surgeon,” “osteopathic physician,” “osteopathic surgeon,” “medical doctor,” “anesthesiologist,” “cardiologist,” “dermatologist,” “endocrinologist,” “gastroenterologist,” “gynecologist,” “hematologist,” “laryngologist,” “nephrologist,” “neurologist,” “obstetrician,” “oncologist,” “ophthalmologist,” “orthopedic surgeon,” “orthopedist,” “osteopath,” “otologist,” “otolaryngologist,” “otorhinolaryngologist,” “pathologist,” “pediatrician,” “primary care physician,” “proctologist,” “psychiatrist,” “radiologist,” “rheumatologist,” “rhinologist,” “urologist,” or any other words, letters, or abbreviations, alone or in combination with other titles or words, that represent or tend to represent that the person is a physician.

AB43,2947 Section 2947. 448.035 (1) (a) of the statutes is repealed.

AB43,2948 Section 2948. 448.035 (2) to (4) of the statutes are amended to read:

AB43,,8183 448.035 (2) Notwithstanding the requirements of s. 448.30, a physician or certified advanced practice nurse prescriber may provide expedited partner therapy if the patient is diagnosed as infected with a chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with a sexual partner during which the chlamydial infection, gonorrhea, or trichomoniasis may have been transmitted to or from the sexual partner. The physician or certified advanced practice nurse prescriber shall attempt to obtain the name of the patient’s sexual partner. A prescription order for an antimicrobial drug prepared under this subsection shall include the name and address of the patient’s sexual partner, if known. If the physician or certified advanced practice nurse prescriber is unable to obtain the name of the patient’s sexual partner, the prescription order shall include, in ordinary bold-faced capital letters, the words, “expedited partner therapy” or the letters “EPT.”

AB43,,8184 (3) The physician or certified advanced practice nurse prescriber shall provide the patient with a copy of the information sheet prepared by the department of health services under s. 46.03 (44) and shall request that the patient give the information sheet to the person with whom the patient had sexual contact.

AB43,,8185 (4) (a) Except as provided in par. (b), a physician or certified advanced practice nurse prescriber is immune from civil liability for injury to or the death of a person who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed, or furnished under this section and if expedited partner therapy is provided as specified under this section.

AB43,,8186 (b) The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a physician or certified advanced practice nurse prescriber whose act or omission involves reckless, wanton, or intentional misconduct.

AB43,2949 Section 2949. 448.07 (1) (a) of the statutes is amended to read:

AB43,,8188 448.07 (1) (a) Every person licensed or certified under this subchapter shall register on or before November 1 of each odd-numbered year following issuance of the license or certificate with the board on or before his or her renewal date determined by the department under s. 440.08 (2). Registration shall be completed in such manner as the board shall designate and upon forms the board shall provide, except that registration with respect to a compact license shall be governed by the renewal provisions in s. 448.980 (7). The secretary of the board, on or before October 1 of each odd-numbered year, shall mail or cause to be mailed to every person required to register a registration form. The board shall furnish to each person registered under this section a certificate of registration, and the person shall display the registration certificate conspicuously in the office at all times. No person may exercise the rights or privileges conferred by any license or certificate granted by the board unless currently registered as required under this subsection.

AB43,2950 Section 2950. 448.13 (title) of the statutes is repealed and recreated to read:

AB43,,8190 448.13 (title) Continuing education and professional development.

AB43,2951 Section 2951. 448.13 (1) (a) 1. of the statutes is amended to read:

AB43,,8192 448.13 (1) (a) 1. Continuing education programs or courses of study approved for at least 30 hours of credit required by the board within the 2 calendar years preceding the calendar year for which the registration is effective by rule under s. 448.40 (2).

AB43,2952 Section 2952. 448.13 (1) (a) 2. of the statutes is amended to read:

AB43,,8194 448.13 (1) (a) 2. Professional development and maintenance of certification or performance improvement or continuing medical education programs or courses of study required by the board by rule under s. 448.40 (1) and completed within the 2 calendar years preceding the calendar year for which the registration is effective.

AB43,2953 Section 2953. 448.13 (1m) of the statutes is amended to read:

AB43,,8196 448.13 (1m) The board shall, on a random basis, verify the accuracy of proof submitted by physicians under sub. (1) (a) and may, at any time during the 2 calendar years specified in sub. (1) (a), require a physician to submit proof of any continuing education, professional development, and maintenance of certification or performance improvement or continuing medical education programs or courses of study that he or she has attended and completed at that time during the 2 calendar years since he or she last registered under s. 448.07.

AB43,2954 Section 2954. 448.40 (1) of the statutes is amended to read:

AB43,,8198 448.40 (1) The board may promulgate rules to carry out the purposes of this subchapter, including rules requiring the completion of continuing education, professional development, and maintenance of certification or performance improvement or continuing medical education programs for renewal of a license to practice medicine and surgery.

AB43,2955 Section 2955. 448.40 (2) (e) of the statutes is amended to read:

AB43,,8200 448.40 (2) (e) Establishing continuing education or continuing medical education requirements for renewal of a license to practice medicine and surgery under s. 448.13 (1). The board shall require 30 hours of continuing education to be completed every 2-year period. The examining board shall establish the criteria for the substitution of uncompensated hours of professional assistance volunteered to the department of health services for some or all of the hours of continuing education credits required under s. 448.13 (1) (a) 1. for physicians specializing in psychiatry. The eligible substitution hours shall involve professional evaluation of community programs for the certification and recertification of community mental health programs, as defined in s. 51.01 (3n), by the department of health services.

AB43,2956 Section 2956. 448.55 (2) of the statutes is amended to read:

AB43,,8202 448.55 (2) The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under rules promulgated under s. 448.53 (2), are specified shall be as determined by the department under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and proof of compliance with the requirements established in any rules promulgated under sub. (3).

AB43,2957 Section 2957. 448.56 (1) and (1m) (b) of the statutes are amended to read:

AB43,,8204 448.56 (1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice registered nurse prescriber certified under s. 441.16 (2). Written referral is not required if a physical therapist provides services in schools to children with disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient’s plan of care; provides services related to athletic activities, conditioning, or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual’s physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice registered nurse prescriber certified under s. 441.16 (2) who made the diagnosis. The examining board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.

AB43,,8205 (1m) (b) The examining board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice registered nurse prescriber makes a written referral under sub. (1). The purpose of the rules shall be to ensure continuity of care between the physical therapist and the health care practitioner.

AB43,2958 Section 2958. 448.62 (2m) of the statutes is amended to read:

AB43,,8207 448.62 (2m) An advanced practice registered nurse who is certified to issue prescription orders under s. 441.16 and who is providing nonsurgical patient services as directed, supervised, and inspected by a podiatrist who has the power to direct, decide, and oversee the implementation of the patient services rendered.

AB43,2959 Section 2959. 448.65 (2) (intro.) of the statutes is amended to read:

AB43,,8209 448.65 (2) (intro.) The renewal date for a license granted under this subchapter, other than a temporary license granted under rules promulgated under s. 448.63 (3), is specified shall be as determined by the department under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall be accompanied by all of the following:

AB43,2960 Section 2960. 448.665 of the statutes is amended to read:

AB43,,8211 448.665 Continuing education. The affiliated credentialing board shall promulgate rules establishing requirements and procedures for licensees to complete continuing education programs or courses of study in order to qualify for renewal of a license granted under this subchapter. The rules shall require a licensee to complete at least 30 hours of continuing education programs or courses of study within each per 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a). The affiliated credentialing board may waive all or part of these requirements for the completion of continuing education programs or courses of study if the affiliated credentialing board determines that prolonged illness, disability or other exceptional circumstances have prevented a licensee from completing the requirements.

AB43,2961 Section 2961. 448.67 (2) of the statutes is amended to read:

AB43,,8213 448.67 (2) Separate billing required. Except as provided in sub. (4), a licensee who renders any podiatric service or assistance, or gives any podiatric advice or any similar advice or assistance, to any patient, podiatrist, physician, physician assistant, advanced practice registered nurse prescriber certified under s. 441.16 (2), partnership, or corporation, or to any other institution or organization, including a hospital, for which a charge is made to a patient, shall, except as authorized by Title 18 or Title 19 of the federal Social Security Act, render an individual statement or account of the charge directly to the patient, distinct and separate from any statement or account by any other podiatrist, physician, physician assistant, advanced practice registered nurse prescriber, or other person.

AB43,2962 Section 2962. 448.86 (2) of the statutes is amended to read:

AB43,,8215 448.86 (2) The renewal dates for certificates granted under this subchapter, other than temporary certificates granted under s. 448.80, are specified shall be as determined by the department under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

AB43,2963 Section 2963. 448.9545 (1) (a) of the statutes is amended to read:

AB43,,8217 448.9545 (1) (a) To be eligible for renewal of a license issued under s. 448.953 (1) or (2), a licensee shall, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), complete not less than 30 credit hours of continuing education in courses of study approved by the affiliated credentialing board. The examining board shall promulgate rules to establish the continuing education requirements under this section. The rules shall require completion of not less than 30 credit hours of continuing education per 2-year period.

AB43,2964 Section 2964. 448.9545 (1) (b) (intro.) of the statutes is amended to read:

AB43,,8219 448.9545 (1) (b) (intro.) No more than 10 credit hours of the continuing education required under par. (a) per 2-year period may be on any of the following subject areas or combination of subject areas:

AB43,2965 Section 2965. 448.955 (1) of the statutes is amended to read:

AB43,,8221 448.955 (1) The renewal dates for licenses granted under this subchapter are specified shall be as determined by the department under s. 440.08 (2) (a).

AB43,2966 Section 2966. 448.955 (2) (a) of the statutes is amended to read:

AB43,,8223 448.955 (2) (a) Completed, during the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a), the applicable continuing education requirements specified in established under s. 448.9545.

AB43,2967 Section 2967. 448.955 (3) (a) of the statutes is amended to read:

AB43,,8225 448.955 (3) (a) A place for the licensee to describe his or her work history, including the average number of hours worked each week, for the 2-year period immediately preceding the renewal date specified in determined by the department under s. 440.08 (2) (a).

AB43,2968 Section 2968. 448.956 (1) (c) of the statutes is amended to read:

AB43,,8227 448.956 (1) (c) A protocol established under par. (a) shall be updated no later than 30 days before the licensee’s renewal date specified in s. 440.08 (2) (a) 14f.

AB43,2969 Section 2969. 448.956 (1m) of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read:

AB43,,8229 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training to an individual without a referral, except that a licensee may not provide athletic training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation setting unless the licensee has obtained a written referral for the individual from a practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter; under ch. 446; or under s. 441.16 (2) 441.09 or from a practitioner who holds a compact privilege under subch. XI or XII of ch. 448.

AB43,2970 Section 2970. 448.967 (2) of the statutes is amended to read:

AB43,,8231 448.967 (2) The renewal dates for licenses granted under this subchapter are specified shall be as determined by the department under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and a statement attesting compliance with the continuing education requirements established in rules promulgated under s. 448.965 (1) (b).

AB43,2971 Section 2971. 448.9703 (3) (a) of the statutes is amended to read:

AB43,,8233 448.9703 (3) (a) Successfully completed at least 30 hours of applicable continuing education in the prior 2-year period requirements established under this paragraph. The rules promulgated under this paragraph shall require at least 30 hours of continuing education per 2-year period. The board may provide for an exemption from or a reduction of the requirement under this paragraph for new licensees, as the board determines is appropriate.

AB43,2972 Section 2972. 448.9706 (2) of the statutes is amended to read:

AB43,,8235 448.9706 (2) Except as provided in s. 448.9705, the renewal dates for licenses granted under this subchapter are specified determined by the department under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department, and shall include the renewal fee specified in s. 440.08 (2) (a) determined by the department under s. 440.03 (9) (a) and proof of compliance with the requirements established by rules promulgated by the board under s. 448.9703 (3).

AB43,2973 Section 2973. 448.974 (2) (a) of the statutes is amended to read:

AB43,,8237 448.974 (2) (a) The renewal date for a license issued under this subchapter is specified shall be as determined by the department under s. 440.08 (2) (a), and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a). Renewal of a license is subject to par. (b).

AB43,2974 Section 2974. 448.975 (2) (c) 1. of the statutes is amended to read:

AB43,,8239 448.975 (2) (c) 1. The practice of dentistry, dental therapy, or dental hygiene within the meaning of ch. 447.

AB43,2975 Section 2975. 449.06 (1) of the statutes is amended to read:

AB43,,8241 449.06 (1) Persons practicing optometry shall, on or before the applicable renewal date specified determined by the department under s. 440.08 (2) (a), register with, submit a renewal application to the department, pay the applicable renewal fee determined by the department under s. 440.03 (9) (a), and provide evidence satisfactory to the examining board that he or she has complied with the rules promulgated under sub. (2m).

AB43,2976 Section 2976. 449.06 (2m) of the statutes is amended to read:

AB43,,8243 449.06 (2m) The examining board shall promulgate rules requiring a person who is issued a license to practice optometry to complete, during the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a), satisfy continuing education requirements. The rules shall require the completion of not less than 30 hours of continuing education per 2-year period. The rules shall include requirements that apply only to optometrists who are allowed to use topical ocular diagnostic pharmaceutical agents under s. 449.17 or who are allowed to use therapeutic pharmaceutical agents or remove foreign bodies from an eye or from an appendage to the eye under s. 449.18.

AB43,2977 Section 2977. 450.01 (1m) of the statutes is repealed.