STATE OF WISCONSIN
DENTISTRY EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : DENTISTRY EXAMINING BOARD
DENTISTRY EXAMINING BOARD : ADOPTING EMERGENCY RULES
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The statement of scope for this rule, SS 071-20, was approved by the Governor on June 11, 2020, published in Register 774A3 on June 15, 2020, and approved by Dentistry Examining Board on June 25, 2020.
This emergency rule was approved by the Governor on July 17, 2020
ORDER
An order of the Dentistry Examining Board to create DE 2.06 and 2.07, relating to temporary licenses.
Analysis prepared by the Department of Safety and Professional Services.
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FINDING OF EMERGENCY
The Dentistry Examining Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The dental and dental hygiene testing services have canceled or postponed licensing exams. This is creating a delay for recent graduates of dental and dental hygiene programs from obtaining a license and beginning their practice. A delay for new graduates receiving licensure due to delayed licensure exams creates the inability for new dentists and dental hygienists to begin practice in areas of the state experiencing a dentistry services shortage.
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ANALYSIS
Statutes interpreted: s. 447.04, Stats. Explanation of agency authority:
Each examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular profession. [s. 15.08, Stats.] The examining board may promulgate rules providing for the granting of temporary licenses under this chapter. [s. 447.02 (1) (e), Stats.] Related statute or rule: s. 447.04, Stats., and ch. DE 2 Plain language analysis:
This rule creates temporary licenses for dentists and dental hygienists. A temporary license may be granted to an applicant who meets all of the requirements for license except the clinical examination. A person who has taken the clinical exam and failed is not eligible.
A person holding a temporary license is required to practice under the supervision of a licensed dentist. Supervision is defined as a person of immediate availability to coordinate, direct and inspect the practice of the holder of the temporary license either by being on site or available to collaborate through the use of communication technology.
The temporary license is valid for a period of 3 months or until the holder receives a regular license or notification of failing the clinical exam.
Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois: In Illinois, the only temporary license for dentists is a temporary training license for dentists licensed in another jurisdiction to complete a residency or specialty training in Illinois. There is no temporary license for dental hygienists.
Iowa: In Iowa, a temporary permit may be issued authorizing the practice of dentistry or dental hygiene on a short-term basis at a specific location or locations to fulfill an urgent need, to serve an educational purpose, or to provide volunteer services. A temporary permit is not meant as a way to practice before a permanent license is granted or as a means to practice because the applicant does not fulfill the requirements for permanent licensure.
Michigan: Michigan does not have temporary licenses for dentists or dental hygienists.
Minnesota: Minnesota does not have temporary licenses for dentists or dental hygienists.
