SB692: Bill Text

SB692,30 Section 30. 447.02 (2) (j) of the statutes is amended to read:

SB692,,80 447.02 (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.

SB692,31 Section 31. 447.02 (4) of the statutes is amended to read:

SB692,,82 447.02 (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).

SB692,32 Section 32. 447.02 (5) of the statutes is amended to read:

SB692,,84 447.02 (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.

SB692,33 Section 33. 447.03 (1) (intro.) of the statutes is amended to read:

SB692,,86 447.03 (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:

SB692,34 Section 34. 447.03 (2) (intro.) of the statutes is amended to read:

SB692,,88 447.03 (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:

SB692,35 Section 35. 447.03 (3) (intro.) of the statutes is amended to read:

SB692,,90 447.03 (3) Exceptions. (intro.) No license or certificate under this chapter subchapter is required for any of the following:

SB692,36 Section 36. 447.04 (1) (bm) of the statutes is created to read:

SB692,,92 447.04 (1) (bm) The examining board shall grant a compact privilege to practice dentistry to an individual who does all of the following:

SB692,,93 1. Submits an application for the compact privilege to the department on a form provided by the department.

SB692,,94 2. Pays the applicable fee specified in s. 447.51 (2).

SB692,,95 3. Passes an examination administered by the examining board on the statutes and rules relating to dentistry.

SB692,,96 4. Satisfies all other applicable requirements under s. 447.50 (4).

SB692,37 Section 37. 447.04 (2) (bm) of the statutes is created to read:

SB692,,98 447.04 (2) (bm) The examining board shall grant a compact privilege to practice dental hygiene to an individual who does all of the following:

SB692,,99 1. Submits an application for the compact privilege to the department on a form provided by the department.

SB692,,100 2. Pays the applicable fee specified in s. 447.51 (2).

SB692,,101 3. Passes an examination administered by the examining board on the statutes and rules relating to dental hygiene.

SB692,,102 4. Satisfies all other applicable requirements under s. 447.50 (4).

SB692,38 Section 38. 447.06 (1) of the statutes is amended to read:

SB692,,104 447.06 (1) No contract of employment entered into between a dentist and any other party under which the dentist renders dental services may require the dentist to act in a manner which that violates the professional standards for dentistry set forth in this chapter subchapter. 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 set forth in this chapter subchapter.

SB692,39 Section 39. 447.06 (2) (b) of the statutes is amended to read:

SB692,,106 447.06 (2) (b) A dental hygienist may practice dental hygiene or perform remediable procedures under par. (a) 1. only as authorized by a dentist who is licensed to practice dentistry under this chapter and who is present in the facility in which those practices or procedures are performed, except as provided in par. (c).

SB692,40 Section 40. 447.06 (2) (c) (intro.) of the statutes is amended to read:

SB692,,108 447.06 (2) (c) (intro.) A dental hygienist may practice dental hygiene or perform remediable procedures under par. (a) 1. if a dentist who is licensed to practice dentistry 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:

SB692,41 Section 41. 447.06 (2) (e) (intro.) of the statutes is amended to read:

SB692,,110 447.06 (2) (e) (intro.) Pursuant to a treatment plan approved by a dentist who is licensed under this chapter, a dental hygienist licensed under this chapter may administer the following upon delegation by the dentist if the dentist remains on the premises in which the practices are performed and is available to the patient throughout the completion of the appointment:

SB692,42 Section 42. 447.065 (1) (intro.) of the statutes is amended to read:

SB692,,112 447.065 (1) (intro.) A dentist who is licensed to practice dentistry under this chapter may delegate to an individual who is not licensed under this chapter subchapter only the performance of remediable procedures, and only if all of the following conditions are met:

SB692,43 Section 43. 447.065 (2) of the statutes is amended to read:

SB692,,114 447.065 (2) Subject to the requirements under s. 447.06 (2), a dentist 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.

SB692,44 Section 44. 447.07 (3) (intro.) of the statutes is amended to read:

SB692,,116 447.07 (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 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 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 hygienist, or expanded function dental auxiliary who is licensed or certified under this chapter subchapter or who holds a compact privilege, or any mobile dentistry program registrant, or deny, limit, suspend, or revoke his or her license or, certificate, or compact privilege, or the registration of the mobile dentistry program registrant, if it finds that the dentist, dental hygienist, expanded function dental auxiliary, or mobile dentistry program registrant has done any of the following:

SB692,45 Section 45. 447.07 (3) (f) of the statutes is amended to read:

SB692,,118 447.07 (3) (f) Violated this chapter subchapter or any federal or state statute or rule that relates to the practice of dentistry, dental hygiene, or an expanded function dental auxiliary, or the operation of a mobile dentistry program.

SB692,46 Section 46. 447.07 (3) (j) of the statutes is amended to read:

SB692,,120 447.07 (3) (j) Employed, directly or indirectly, any unlicensed or uncertified person to perform any act requiring licensure or certification under this chapter subchapter.

SB692,47 Section 47. 447.09 of the statutes is amended to read:

SB692,,122 447.09 Penalties. Any person who violates this chapter subchapter may be fined not more than $1,000 or imprisoned for not more than one year in the county jail or both for the first offense and is guilty of a Class I felony for the 2nd or subsequent conviction within 5 years.

SB692,48 Section 48. 447.10 of the statutes is amended to read:

SB692,,124 447.10 Injunction. If it appears upon the complaint of any person to the examining board, or it is believed by the examining board that any person is violating this chapter subchapter, the examining board, or the district attorney of the proper county, may investigate such alleged violation, and may, in addition to or in lieu of any other remedies provided by law, bring action in the name and on behalf of the state against any such person to enjoin such violation. Between meetings of the examining board, its president and secretary, acting in its behalf, are empowered jointly to make such an investigation, and on the basis thereof to seek such relief. Investigations conducted by the examining board, or by its president and secretary, shall be conducted according to rules promulgated under s. 440.03 (1).

SB692,49 Section 49. 447.12 (1) of the statutes is amended to read:

SB692,,126 447.12 (1) The dentists of any county who are licensed to practice dentistry under this chapter subchapter, provided there are at least 5 in the county, may organize a county dental society as a component of the Wisconsin Dental Association. When so organized it shall be a body corporate, and shall be designated as the dental society of the county, and shall have the general powers of a corporation and may take by purchase or gift and hold real and personal property. County dental societies now existing are continued with the powers and privileges conferred by this chapter subchapter. A county or district dental society that was in existence but unincorporated on September 29, 1963, is not required to incorporate unless that is the express wish of the majority of its members.

SB692,50 Section 50. Subchapter II of chapter 447 [precedes 447.50] of the statutes is created to read:

SB692,,128 CHAPTER 447

SB692,,129 SUBCHAPTER II

SB692,,131 DENTIST AND DENTAL HYGIENIST COMPACT

SB692,,132 447.50 Dentist and dental hygienist compact. (1) Title and purpose. This statute shall be known and cited as the dentist and dental hygienist compact. The purposes of this compact are to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dentistry and dental hygiene services by providing dentists and dental hygienists licensed in a participating state the ability to practice in participating states in which they are not licensed. The compact does this by establishing a pathway for a dentists and dental hygienists licensed in a participating state to obtain a compact privilege that authorizes them to practice in another participating state in which they are not licensed. The compact enables participating states to protect the public health and safety with respect to the practice of such dentists and dental hygienists, through the state’s authority to regulate the practice of dentistry and dental hygiene in the state. The compact:

SB692,,133 (a) Enables dentists and dental hygienists who qualify for a compact privilege to practice in other participating states without satisfying burdensome and duplicative requirements associated with securing a license to practice in those States;

SB692,,134 (b) Promotes mobility and addresses workforce shortages through each participating state’s acceptance of a compact privilege to practice in that state;

SB692,,135 (c) Increases public access to qualified, licensed dentists and dental hygienists by creating a responsible, streamlined pathway for licensees to practice in participating states.

SB692,,136 (d) Enhances the ability of participating states to protect the public’s health and safety;

SB692,,137 (e) Does not interfere with licensure requirements established by a participating state;

SB692,,138 (f) Facilitates the sharing of licensure and disciplinary information among participating states;

SB692,,139 (g) Requires dentists and dental hygienists who practice in a participating state pursuant to a compact privilege to practice within the scope of practice authorized in that state;

SB692,,140 (h) Extends the authority of a participating state to regulate the practice of dentistry and dental hygiene within its borders to dentists and dental hygienists who practice in the state through a compact privilege;

SB692,,141 (i) Promotes the cooperation of participating state in regulating the practice of dentistry and dental hygiene within those states;

SB692,,142 (j) Facilitates the relocation of military members and their spouses who are licensed to practice dentistry or dental hygiene;

SB692,,143 (2) Definitions. As used in this compact, unless the context requires otherwise, the following definitions shall apply:

SB692,,144 (a) “Active military member” means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve.

SB692,,145 (b) “Adverse action” means disciplinary action or encumbrance imposed on a license or compact privilege by a state licensing authority.

SB692,,146 (c) “Alternative program” means a nondisciplinary monitoring or practice remediation process applicable to a dentist or dental hygienist approved by a state licensing authority of a participating state in which the dentist or dental hygienist is licensed. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues are referred in lieu of adverse action.

SB692,,147 (d) “Clinical assessment” means examination or process, required for licensure as a dentist or dental hygienist as applicable, that provides evidence of clinical competence in dentistry or dental hygiene.

SB692,,148 (e) “Commissioner” means the individual appointed by a participating state to serve as the member of the commission for that participating state.

SB692,,149 (f) “Compact” means this dentist and dental hygienist compact.

SB692,,150 (g) “Compact privilege” means the authorization granted by a remote state to allow a licensee from a participating state to practice as a dentist or dental hygienist in a remote state.

SB692,,151 (h) “Continuing professional development” means a requirement, as a condition of license renewal to provide evidence of successful participation in educational or professional activities relevant to practice or area of work.

SB692,,152 (i) “Criminal background check” means the submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 CFR 20.3 (d) from the federal bureau of investigation and the state’s criminal history record repository as defined in 28 CFR. 20.3 (f).

SB692,,153 (j) “Data system” means the commission’s repository of information about licensees, including but not limited to examination, licensure, investigative, compact privilege, adverse action, and alternative program.

SB692,,154 (k) “Dental hygienist” means an individual who is licensed by a state licensing authority to practice dental hygiene.

SB692,,155 (L) “Dentist” means an individual who is licensed by a state licensing authority to practice dentistry.

SB692,,156 (m) “Dentist and dental hygienist compact commission” or “commission” means a joint government agency established by this compact comprised of each state that has enacted the compact and a national administrative body comprised of a commissioner from each state that has enacted the compact.

SB692,,157 (n) “Encumbered license” means a license that a state licensing authority has limited in any way other than through an alternative program.

SB692,,158 (o) “Executive board” means the chair, vice chair, secretary and treasurer and any other commissioners as may be determined by commission rule or bylaw.

SB692,,159 (p) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of dentistry or dental hygiene, as applicable, in a state.

SB692,,160 (q) “License” means current authorization by a state, other than authorization pursuant to a compact privilege, or other privilege, for an individual to practice as a dentist or dental hygienist in that state.

SB692,,161 (r) “Licensee” means an individual who holds an unrestricted license from a participating state to practice as a dentist or dental hygienist in that state.

SB692,,162 (s) “Model compact” the model for the dentist and dental hygienist compact on file with the council of state governments or other entity as designated by the commission.

SB692,,163 (t) “Participating state” means a state that has enacted the compact and been admitted to the commission in accordance with the provisions herein and commission rules.

SB692,,164 (u) “Qualifying license” means a license that is not an encumbered license issued by a participating state to practice dentistry or dental hygiene.

SB692,,165 (v) “Remote state” means a participating state where a licensee who is not licensed as a dentist or dental hygienist is exercising or seeking to exercise the compact privilege.

SB692,,166 (w) “Rule” means a regulation promulgated by an entity that has the force of law.

SB692,,167 (x) “Scope of practice” means the procedures, actions, and processes a dentist or dental hygienist licensed in a state is permitted to undertake in that state and the circumstances under which the licensee is permitted to undertake those procedures, actions and processes. Such procedures, actions and processes and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law, and other processes available to the state licensing authority or other government agency.

SB692,,168 (y) “Significant investigative information” means information, records, and documents received or generated by a state licensing authority pursuant to an investigation for which a determination has been made that there is probable cause to believe that the licensee has violated a statute or regulation that is considered more than a minor infraction for which the state licensing authority could pursue adverse action against the licensee.