s. 15.08 (5) (b) Each Examining Board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession. Related statute or rule: N/A
Plain language analysis:
Section 1 clarifies the nondelegated functions to include functions which are intended, interpreted or represented to be preliminary assessments, dental hygiene treatment planning, oral screenings and calculus removal (both above and below the gumline).
Section 2 updates the provision to allow a dentist to verify the competency of the person who is performing the remediable dental procedure or function instead of providing training to a person who is already trained on the procedure or function.
Section 3 repeals the provision allowing the removal of plaque and material alba with a mechanical device only if the delegation of the function complies with ss. DE 12.01 and 12.02. This provision is unnecessary as any function that complies with ss. DE 12.01 and 12.02 is allowed. Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
Illinois: Illinois does not allow for the delegation to unlicensed persons.
Iowa: Iowa does not allow for the delegation to unlicensed persons.
Michigan: Michigan does not allow for the delegation to unlicensed persons.
Minnesota: Minnesota allows assistants without a license or permit to do the following:
- Perform all those duties not directly related with performing dental treatment or services on patients.
- Retract a patient’s cheek, tongue, or other parts of tissue during a dental operation.
- Assist with the placement or removal of a rubber dam and accessories used for its placement and retention, as directed by an operating dentist during the course of a dental operation.
- Remove debris by the use of vacuum devices, compressed air, mouthwash, and water that is normally created or accumulated during the course of treatment rendered by a licensed dentist.
- Provide any assistance in response to a specific direction by a licensed dentist who is physically engaged in performing a dental operation and is physically in a position to give personal supervision to the assistant.
- Aid dental hygienists and licensed dental assistants in the performance of their duties.
- Apply fluoride varnish in a community setting under the authorization and direction of a licensed practitioner with prescribing authority such as a dentist or physician, as long as the licensed practitioner authorizing the service or the facility at which the fluoride varnish is administered maintains appropriate patient records of the treatment.
An unlicensed assistant may not perform any dental treatment tor procedure on patients not otherwise authorized above.
Summary of factual data and analytical methodologies:
The Dentistry Examining Board reviewed the chapter to ensure it was statutorily compliant and current with professional standards and practices.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule was posted for economic comments and none were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received at or before the public hearing to be held on September 5, 2018 to be included in the record of rule-making proceedings. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. DE 12.01 (3) is amended to read:
DE 12.01 (3) Intended, interpreted, or represented to be preliminary assessments, dental hygiene treatment planning, oral screenings, oral prophylaxes, scaling or root planning, or dental sealants, or any portion of an oral prophylaxis other than supragingival rubber cup and air polishing after or subgingival calculus is removed if necessary removal.
Section 2. DE 12.02 is amended to read:
DE 12.02 Training. A dentist who delegates any remediable dental procedure or function to an unlicensed person shall first provide training to or verify competency of the person in the performance of the procedure or function.
Section 3. DE 12.04 is repealed.
Section 4. 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. ---------------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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