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DE 2.04 (2) (d) The applicant has successfully completed a clinical and laboratory demonstration an examination on a human subject which, in the board’s judgment, is substantially equivalent to the clinical and laboratory demonstration examination administered by the central regional dental testing service a board approved examination.
Section 19. DE 2.04 (2) (f) is repealed.
Section 20. DE 2.05 is amended to read:
DE 2.05 Examination passing score. The score required to pass an examination shall be the recommended passing score of the examination provider. based on the board’s determination of the level of examination performance required for minimum acceptable competence in the profession. The board shall make the determination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing score for the examination at that point which represents minimum acceptable competence in the profession
Section 21. DE 2.06, 2.07, 2.08 and 2.09 are repealed.
Section 22. DE 3.02 and 3.03 are repealed and recreated to read:
DE 3.02 Practice of dental hygiene. (1) (a) This subsection applies to a dental hygienist who is practicing dental hygiene or performing remediable procedures as an employee or as an independent contractor in a dental office.
  (b) A dental hygienist may practice dental hygiene or perform remediable procedures only as authorized by a licensed dentist who is present in the facility in which those practices or procedures are performed, except as provided in par. (c).
  (c) A dental hygienist may practice dental hygiene or perform remediable procedures if a licensed dentist is not present in the facility in which those practices or procedures are performed only if all of the following conditions are met:
1. The dental hygiene practices or remediable procedures are performed under a written or oral prescription.
2. The dentist who made the written or oral prescription has examined the patient at least once during the 12-month period immediately preceding all of the following:
  a. The date on which the written or oral prescription was made.
  b. The date on which the dental hygiene practices or remediable procedures are performed.
3. The written or oral prescription specifies the practices and procedures that the dental hygienist may perform with the informed consent of the patient or, if applicable, the patient’s parent or legal guardian.
(2) (a) This subsection applies to a dental hygienist who is practicing dental hygiene or performing remediable procedures as an employee or as an independent contractor as follows:
    1. For a school board, a governing body of a private school, as defined in s. 115.001(3d), Stats., or a governing body of a tribal school, as defined in s. 115.001 (15m), Stats..
    2. For a school for the education of dentists or dental hygienists.
    3. For a state or federal prison, county jail or other federal, state, county or municipal correctional or detention facility, or a facility established to provide care for terminally ill patients.
    4. For a local health department, as defined in s. 250.01(4), Stats.
    5. For a charitable institution open to the general public or to members of a religious sect or order.
    6. For a nonprofit home health care agency.
    7. For a nonprofit dental care program serving primarily indigent, economically disadvantaged or migrant worker populations.
    8. At a facility, as defined in s. 50.01 (1m) , Stats., an adult family home certified under s. 50.032, Stats. or licensed under s. 50.033, Stats., an adult day care center, as defined in s. 49.45 (47) (a) , Stats., a community rehabilitation program, a hospital, as defined in s. 50.33 (2) , Stats., or a facility that is primarily operated to provide outpatient medical services.
  (b) A dental hygienist may only practice dental hygiene as defined in s. 447.01 (3), Stats. or perform remediable procedures as defined by s. 447.01 (12), Stats.
3.03 Prohibited practices. A dental hygienist may not do any of the following:
(1) Diagnose a dental disease or ailment.
(2) Determine any treatment or any regimen of any treatment outside of the scope of dental hygiene.
(3) Prescribe or order medication or radiograph.
(4) Perform any procedure that involves the intentional cutting of soft or hard tissue of the mouth by any means.
(5) Administer nitrous oxide inhalation, except as provided in ch. DE 15.
(6) Administer local anesthesia, except as provided in ch. DE 7.
Section 23. DE 3.04 (2) is amended to read:
DE 3.04 (2)Subgingival sustained release chemotherapeutic agents” means medications antibiotics that are applied under the gum tissue in periodontal pockets to treat periodontal or gum disease.
Section 24. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.
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