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 Jennifer.Garrett@wisconsin.gov, or by calling (608) 266-2112. Agency contact person:
Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-267-7139; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the public hearing, held on a date January 3, 2024, to be included in the record of rule-making proceedings. TEXT OF RULE
Section 1. DE 3.03 (6) is amended to read:
DE 3.03 (6) Administer injectable local anesthesia, except as provided in ch. DE 7. Section 2. DE 3.05 is created to read:
DE 3.05 Topical anesthetics. (1) “topical anesthetics” means anesthetics applied to a body surface such as the skin or mucous membrane as a remediable procedure.
(2) “subgingival anesthetics” means non-injectable topical anesthetics applied below the gum tissue as a remediable procedure.
(3) Pursuant to s. 447.06 (2) (c), Stats., a dental hygienist may apply topical and subgingival anesthetics to a patient without the presence of a dentist, if all of the following conditions are met: (a) the remediable procedure is performed under a written or oral prescription.
(b) The dentist who made the written or oral prescription has seen the patient at least once during the 12-month period immediately preceding:
1. The date on which the written or oral prescription was made; and
2. The date on which the dental hygiene practice or remediable procedure is performed.
(c) 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.
Section 3. 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)
