DE 17.03(5)(j)(j) A plan for the referral of patients to other dental or health care providers or clinics when services needed are beyond the scope of practice or authorization of the dental therapist. DE 17.03(6)(6) A collaborative management agreement shall be limited to covering one supervising dentist and one dental therapist. DE 17.03(7)(7) A dental therapist may enter into multiple collaborative management agreements. DE 17.03(8)(8) No supervising dentist may have collaborative management agreements with more than 4 dental therapists at any time. DE 17.03 HistoryHistory: EmR2410: emerg. cr., eff. 7-26-24; CR 24-094: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (5) (k) made under s. 13.92 (4) (b) 7., Stats., Register July 2025 No. 835. DE 17.04DE 17.04 Dental therapist employment. DE 17.04(1)(1) A dental therapist may, subject to sub. (3), provide dental therapy services only as an employee of one or more of the following that satisfies sub. (2): DE 17.04(1)(a)(a) A dentist with whom the dental therapist has entered into a collaborative management agreement. DE 17.04(1)(d)(d) The operator of a school for the education of dentists or dental hygienists. DE 17.04(1)(e)(e) A state or federal prison, a county jail, or other federal, state, county, or municipal correctional or detention facility, or a facility established to provide care for terminally ill patients. DE 17.04(1)(g)(g) A charitable institution open to the general public or to members of a religious sect or order. DE 17.04(1)(i)(i) The operator of a nonprofit dental care program serving primarily indigent, economically disadvantaged, or migrant worker populations. DE 17.04(2)(2) A dentist may not enter into a collaborative management agreement with a dental therapist unless the dentist directly employs the dental therapist as provided in sub. (1) (a) or the dentist is employed by or contracts with the dental therapist's employer described in sub. (1) (b) to (j). DE 17.04(3)(3) A dental therapist shall at all times comply with at least one of the following: DE 17.04(3)(a)(a) Limit his or her practice to practicing in one or more dental health shortage areas. If a dental therapist begins practicing in a dental health shortage area, and that area loses its designation as a dental health shortage area while the dental therapist continues to practice in that area, the dental therapist is considered to satisfy this paragraph as long as the dental therapist continues to practice in that area. DE 17.04 NoteNote: “Dental health shortage area” has the meaning given in s. 36.60 (1) (ad), Stats. DE 17.04(3)(b)(b) Practice in one or more settings in which at least 50 percent of the total patient base of the dental therapist consists of patients who are any of the following: DE 17.04(3)(b)3.3. Patients receiving dental care at free and charitable clinics. DE 17.04(3)(b)4.4. Patients receiving dental care at federally qualified health centers. DE 17.04(3)(b)7.7. Patients who are members of a federally recognized Indian tribe or band. DE 17.04(3)(b)8.8. Patients receiving dental care at clinics or facilities located on tribal lands. DE 17.04(3)(b)9.9. Patients with medical disabilities or chronic conditions that create barriers of access to dental care. DE 17.04(4)(4) A dental therapist is responsible for verifying and proving that his or her practice areas comply with the practice areas and settings described in sub. (3). DE 17.04 HistoryHistory: EmR2410: emerg. cr., eff. 7-26-24; CR 24-094: cr. Register July 2025 No. 835, eff. 8-1-25. DE 17.05DE 17.05 Dental therapist supervision of other dental staff. DE 17.05(1)(1) Dental therapist supervision of dental hygienists. DE 17.05(1)(a)(a) A dental therapist may authorize a dental hygienist to practice dental hygiene under the requirements of s. 447.06 (2), Stats., and ch. DE 3. DE 17.05(1)(b)(b) A dental therapist may delegate to a dental hygienist the performance of remediable procedures under the requirements of ss. 447.06 (2) and 447.065 (2), Stats., and ch. DE 3 only if all of the following conditions are met: DE 17.05(1)(b)1.1. The supervising dentist has allowed the dental therapist to perform the specific remediable procedure within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats. DE 17.05(1)(b)2.2. The supervising dentist has expressly allowed the dental therapist to delegate the specific remediable procedure within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats. DE 17.05(1)(b)3.3. The dental therapist has the authority to perform the specific remediable procedure personally, pursuant to the requirements under s. 447.06 (3) (bm) 1. and 2., Stats. DE 17.05(1)(b)4.4. The dental hygienist remains under the direct supervision of the dental therapist for the duration of the procedure. DE 17.05(1)(c)(c) The dental therapist and the dental therapist’s supervising dentist shall be responsible for any services, treatments, or procedures delegated and performed under par. (b). DE 17.05(1)(d)(d) A dental therapist may delegate to a dental hygienist the administration of oral systemic premedications, local anesthesia, subgingival sustained release chemotherapeutic agents, and nitrous oxide inhalation analgesia under the requirements of ss. 447.06 (2) (e) and 447.065 (2), Stats., and chs. DE 3, DE 7, and DE 15 only if all of the following conditions apply: DE 17.05(1)(d)1.1. The administration is performed pursuant to a treatment plan for the patient approved by a dentist. DE 17.05(1)(d)2.2. The dentist remains on the premises in which the administration is performed and is available to the patient throughout the completion of the appointment. DE 17.05(1)(d)4.4. The dental therapist remains under the supervision of the supervising dentist for the duration of the procedure. The dental therapist’s level of supervision shall be the level agreed upon for the procedure, as specified in the dental therapist’s collaborative management agreement described in s. DE 17.03 (5). DE 17.05(1)(d)5.5. The supervising dentist has allowed the dental therapist to perform the administration personally within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats. DE 17.05(1)(d)6.6. The supervising dentist has expressly allowed the dental therapist to delegate the administration within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats. DE 17.05(1)(e)(e) In par. (d), the dentist who approves the treatment plan and remains available to the patient may be a different dentist than the supervising dentist for the dental therapist. DE 17.05(1)(f)(f) The dental therapist, the dental therapist’s supervising dentist, and the dentist who approves the treatment plan shall be responsible for any services, treatments, or procedures delegated and performed under par. (d). DE 17.05(2)(2) Dental therapist supervision of unlicensed staff. DE 17.05(2)(a)(a) A dental therapist may delegate to an unlicensed person the performance of remediable procedures under the requirements of s. 447.065 (1), Stats., and ch. DE 12 only if all of the following conditions apply: DE 17.05(2)(a)1.1. The unlicensed individual performs the remediable procedures in accordance with a treatment plan approved by the dentist or dental therapist. DE 17.05(2)(a)2.2. The unlicensed individual remains under the direct supervision of the dental therapist for the duration of the procedure. DE 17.05(2)(a)3.3. The unlicensed individual's performance of the remediable procedures is subject to inspection by the dentist or dental therapist. DE 17.05(2)(a)5.5. The supervising dentist has allowed the dental therapist to perform the specific remediable procedure within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats. DE 17.05(2)(a)6.6. The supervising dentist has expressly allowed the dental therapist to delegate the specific remediable procedure within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats. DE 17.05(2)(b)(b) In par. (a), the dentist who approves the treatment plan and may inspect the performance of the remediable procedures may be a different dentist than the supervising dentist for the dental therapist. DE 17.05(2)(c)(c) The dental therapist, the dental therapist’s supervising dentist, and the dentist who approves the treatment plan shall be responsible for any services, treatments, or procedures delegated and performed under par. (a). DE 17.05(3)(3) Dental therapist supervision of expanded function dental auxiliaries. Pursuant to the requirements under s. 447.035, Stats., a dental therapist may not supervise or delegate procedures to expanded function dental auxiliaries. DE 17.05(4)(4) Limitation by collaborative management agreement. Notwithstanding subs. (1) and (2), a dental therapist’s authorization to supervise or delegate procedures to other dental staff is subject to further limitation by the collaborative management agreement described in s. DE 17.03 (5). DE 17.05(5)(5) Dental therapist responsibility for delegated procedures. A dental therapist who delegates to another individual the performance of any practice or procedure is responsible for that individual's performance of that delegated practice or procedure. DE 17.05 HistoryHistory: EmR2410: emerg. cr., eff. 7-26-24; CR 24-094: cr. Register July 2025 No. 835, eff. 8-1-25.
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