440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal and any fees imposed under ss. 447.51 (2), 448.986 (2), 448.9875 (2), and 448.9885 (2), and 457.51 (2), and 459.71 (2) by doing all of the following:
88,12Section 12. 440.03 (9) (a) 2. of the statutes, as affected by 2023 Wisconsin Acts 55, 56 and 81, is amended to read: 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 447.51 (2), 448.986 (2), 448.9875 (2), and 448.9885 (2), and 457.51 (2), and 459.71 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department’s general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.
88,13Section 13. 440.03 (11m) (c) 1t. of the statutes is created to read: 440.03 (11m) (c) 1t. The coordinated database and reporting system under s. 447.50 (8), if such disclosure is required under the dentist and dental hygienist compact under s. 447.50.
88,14Section 14. 440.03 (13) (b) (intro.) of the statutes, as affected by 2023 Wisconsin Acts 55, 56 and 81, is amended to read: 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 455.50 (3) (e) 4. and (f) 4., and 457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 2.:
88,16Section 16. 440.03 (13) (c) 1. L. of the statutes is created to read: 440.03 (13) (c) 1. L. An applicant for a dentist or dental hygienist license or compact privilege under s. 447.04 when required pursuant to the dentist and dental hygienist compact under s. 447.50.
88,15Section 15. 440.03 (13) (c) 2. of the statutes, as affected by 2023 Wisconsin Acts 55, 56 and 81, is amended to read: 440.03 (13) (c) 2. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants identified in subd. 1. c. to i. L., to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.
88,17Section 17. 440.15 of the statutes, as affected by 2023 Wisconsin Acts 55, 56 and 81, is amended to read: 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., and 457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 1., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department’s or the credentialing board’s credentialing.
88,18Section 18. 446.01 (1v) (b) of the statutes is amended to read: 446.01 (1v) (b) Dentistry examining board under subch. I of ch. 447. “Health care professional” also includes an individual who holds a compact privilege under subch. II of ch. 447.
88,19Section 19. Chapter 447 (title) of the statutes is amended to read: CHAPTER 447
DENTISTRY EXAMINING BOARD
AND DENTAL HYGIENE
88,20Section 20. Subchapter I (title) of chapter 447 [precedes 447.01] of the statutes is created to read: CHAPTER 447
SUBCHAPTER I
REGULATION OF DENTISTRY
AND DENTAL HYGIENE
88,21Section 21. 447.01 (intro.) of the statutes is amended to read: 447.01 Definitions. (intro.) In this chapter subchapter:
88,22Section 22. 447.01 (1t) of the statutes is created to read: 447.01 (1t) “Compact” means the dentist and dental hygienist compact under s. 447.50.
88,23Section 23. 447.01 (1u) of the statutes is created to read: 447.01 (1u) “Compact privilege” means a compact privilege, as defined in s. 447.50 (2) (g), that is granted under the compact to an individual to practice in this state.
88,24Section 24. 447.01 (8) (bm) of the statutes is amended to read: 447.01 (8) (bm) A dentist who is licensed under this chapter subchapter or who is exercising the compact privilege in this state may not perform dental services that are outside the scope of the dentist’s relevant education, training, and experience.
88,25Section 25. 447.01 (13) of the statutes is amended to read: 447.01 (13) “Written or oral prescription” means specific written or oral authorization by a dentist who is licensed to practice dentistry under this chapter to perform patient procedures according to a clearly defined treatment plan developed by the dentist.
88,26Section 26. 447.02 (1) (e) of the statutes is amended to read: 447.02 (1) (e) Providing for the granting of temporary licenses under this chapter subchapter.
88,27Section 27. 447.02 (2) (c) of the statutes is amended to read: 447.02 (2) (c) Whether an individual is required to be licensed under this chapter subchapter to remove plaque or materia alba accretions with mechanical devices.
88,28Section 28. 447.02 (2) (d) of the statutes is amended to read: 447.02 (2) (d) The oral systemic premedications and subgingival sustained release chemotherapeutic agents that may be administered by a dental hygienist licensed under this chapter under s. 447.06 (2) (e) 1. and 3.
88,29Section 29. 447.02 (2) (e) of the statutes is amended to read: 447.02 (2) (e) The educational requirements for administration of local anesthesia by a dental hygienist licensed under this chapter under s. 447.06 (2) (e) 2.
88,30Section 30. 447.02 (2) (j) of the statutes is amended to read: 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.
88,31Section 31. 447.02 (4) of the statutes is amended to read: 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).
88,32Section 32. 447.02 (5) of the statutes is amended to read: 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.
88,33Section 33. 447.03 (1) (intro.) of the statutes is amended to read: 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:
88,34Section 34. 447.03 (2) (intro.) of the statutes is amended to read: 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:
88,35Section 35. 447.03 (3) (intro.) of the statutes is amended to read: 447.03 (3) Exceptions. (intro.) No license or certificate under this chapter subchapter is required for any of the following:
88,36Section 36. 447.04 (1) (bm) of the statutes is created to read: 447.04 (1) (bm) The examining board shall grant a compact privilege to practice dentistry to an individual who does all of the following:
1. Submits an application for the compact privilege to the department on a form provided by the department.
2. Pays the applicable fee specified in s. 447.51 (2).
3. Passes an examination administered by the examining board on the statutes and rules relating to dentistry.
4. Satisfies all other applicable requirements under s. 447.50 (4).
88,37Section 37. 447.04 (2) (bm) of the statutes is created to read: 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:
1. Submits an application for the compact privilege to the department on a form provided by the department.
2. Pays the applicable fee specified in s. 447.51 (2).
3. Passes an examination administered by the examining board on the statutes and rules relating to dental hygiene.
4. Satisfies all other applicable requirements under s. 447.50 (4).
88,38Section 38. 447.06 (1) of the statutes is amended to read: 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.
88,39Section 39. 447.06 (2) (b) of the statutes is amended to read: 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).
88,40Section 40. 447.06 (2) (c) (intro.) of the statutes is amended to read: 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:
88,41Section 41. 447.06 (2) (e) (intro.) of the statutes is amended to read: 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:
88,42Section 42. 447.065 (1) (intro.) of the statutes is amended to read: 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:
88,43Section 43. 447.065 (2) of the statutes is amended to read: 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.
88,44Section 44. 447.07 (3) (intro.) of the statutes is amended to read: 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:
88,45Section 45. 447.07 (3) (f) of the statutes is amended to read: 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.
88,46Section 46. 447.07 (3) (j) of the statutes is amended to read: 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.
88,47Section 47. 447.09 of the statutes is amended to read: 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.
88,48Section 48. 447.10 of the statutes is amended to read: 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).
88,49Section 49. 447.12 (1) of the statutes is amended to read: 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.
88,50Section 50. Subchapter II of chapter 447 [precedes 447.50] of the statutes is created to read: CHAPTER 447
