AB43: Bill Text

AB43,2910 Section 2910. 447.02 (3) (b) of the statutes is amended to read:

AB43,,8004 447.02 (3) (b) A permit under this subsection shall authorize the practice of dentistry, dental therapy, or dental hygiene in a specified area of the state for a period of time not more than 10 days in a year and may be renewed by the examining board. The examining board may not require an applicant to pay a fee for the issuance or renewal of a permit under this subsection.

AB43,2911 Section 2911. 447.02 (5) of the statutes is amended to read:

AB43,,8006 447.02 (5) Except as provided in ss. 447.058 and 447.063, nothing in this chapter 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, dental therapy, or dental hygiene, provided to a business that provides dental or dental hygiene services.

AB43,2912 Section 2912. 447.02 (6) of the statutes is created to read:

AB43,,8008 447.02 (6) The examining board shall send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register when the board determines that 50 or more individuals are currently licensed as dental therapists in this state under s. 447.04 (1m). This subsection does not apply on or after the first day of the 6th year beginning after the effective date of this subsection .... [LRB inserts date].

AB43,2913 Section 2913. 447.03 (1m) of the statutes is created to read:

AB43,,8010 447.03 (1m) Dental therapists. 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 therapy under this chapter:

AB43,,8011 (a) Practice or offer to practice dental therapy.

AB43,,8012 (b) Represent himself or herself to the public as a dental therapist or use, in connection with his or her name, any title or description that may convey the impression that he or she is a dental therapist.

AB43,2914 Section 2914. 447.03 (3) (am) of the statutes is created to read:

AB43,,8014 447.03 (3) (am) A dental therapy student who practices dental therapy under the supervision of a dentist in an infirmary, clinic, hospital, or other institution connected or associated for training purposes with a dental therapy school accredited by the American Dental Association commission on dental accreditation or its successor agency.

AB43,2915 Section 2915. 447.03 (3) (c) of the statutes is amended to read:

AB43,,8016 447.03 (3) (c) An individual licensed to practice dentistry, dental therapy, or dental hygiene in another state or country who practices dentistry, dental therapy, or dental hygiene in a program of dental education or research at the invitation of a group of dentists or practices dentistry, dental therapy, or dental hygiene under the jurisdiction of the army, navy, air force, U.S. public health service, or veterans bureau.

AB43,2916 Section 2916. 447.04 (1m) of the statutes is created to read:

AB43,,8018 447.04 (1m) Dental therapists. The examining board shall grant a license to practice dental therapy to an individual who does all of the following:

AB43,,8019 (a) Submits an application for the license to the department on a form provided by the department.

AB43,,8020 (b) Pays the fee specified in s. 440.05 (1).

AB43,,8021 (c) Submits evidence satisfactory to the examining board that he or she has done one of the following:

AB43,,8022 1. Graduated from a dental therapy education program accredited by the American Dental Association commission on dental accreditation or its successor agency.

AB43,,8023 2. Graduated from a dental therapy education program that was not accredited by the American Dental Association commission on dental accreditation or its successor agency at the time of graduation, but was, on or before the effective date of this subdivision .... [LRB inserts date], accredited or approved by the Minnesota Board of Dentistry.

AB43,,8024 3. Graduated from a dental therapy education program located outside this state that was not accredited by the American Dental Association commission on dental accreditation or its successor agency, but that is approved by the examining board. The examining board shall approve a program under this subdivision if the examining board determines that the dental therapy education program is substantially similar to a program accredited by the American Dental Association commission on dental accreditation or its successor agency.

AB43,,8025 (d) Submits evidence satisfactory to the examining board that he or she has passed a national board dental therapy examination and a dental therapy clinical examination administered by a regional testing service that has been approved by the examining board to administer clinical examinations for dental professionals. If a national board examination or a regional testing service examination for dental therapy does not exist, the examining board shall accept evidence of passing an alternative examination administered by another entity or testing service that is approved by the examining board.

AB43,,8026 (e) Passes an examination administered by the examining board on the statutes and rules relating to dental therapy.

AB43,,8027 (f) Submits evidence satisfactory to the examining board that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

AB43,,8028 (g) If the individual was licensed or is currently licensed in another state or territory of the United States or in another country, the individual submits information related to his or her licensure in other jurisdictions as required by the examining board.

AB43,,8029 (h) Completes any other requirements established by the examining board by rule that are comparable to and no more restrictive than the requirements established by the board for dentists under sub. (1) (a) 6. and dental hygienists under sub. (2) (a) 6.

AB43,2917 Section 2917. 447.05 (1) (a) of the statutes is amended to read:

AB43,,8031 447.05 (1) (a) Except as provided in par. (b), renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified determined by the department under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).

AB43,2918 Section 2918. 447.05 (2m) of the statutes is created to read:

AB43,,8033 447.05 (2m) The examining board may not renew a license to practice dental therapy unless the applicant for renewal attests that he or she has complied with s. 447.057 and any rules promulgated under s. 447.057, that he or she has current proficiency in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

AB43,2919 Section 2919. 447.055 (1) (a) of the statutes is amended to read:

AB43,,8035 447.055 (1) (a) 1. Except as provided in subs. (3) and (4), a person is not eligible for renewal of a license to practice dental hygiene, other than a permit issued under s. 447.02 (3), unless the person has taught, prepared, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), 12 credit hours of satisfied the applicable continuing education relating to the clinical practice of dental hygiene that is sponsored or recognized by a local, state, regional, national, or international dental, dental hygiene, dental assisting, or medical-related professional organization. requirements established under subd. 2.

AB43,,8036 2. Notwithstanding subd. 1., the The examining board may shall promulgate a rule rules requiring not more than 20 nor less than 12 credit hours of continuing education for eligibility for renewal of a license to practice dental hygiene to be taught, prepared, attended, or otherwise completed per 2-year period. The rules shall require that continuing education be sponsored or recognized by a local, state, regional, national, or international dental, dental hygiene, dental assisting, or medical-related professional organization in order to qualify under this paragraph.

AB43,2920 Section 2920. 447.055 (1) (b) 1. of the statutes is amended to read:

AB43,,8038 447.055 (1) (b) 1. Basic life support or cardiopulmonary resuscitation. Not more than 2 of the credit hours required under par. (a) per 2-year period may be satisfied by such training.

AB43,2921 Section 2921. 447.055 (1) (b) 2. of the statutes is amended to read:

AB43,,8040 447.055 (1) (b) 2. Infection control. Not less than 2 of the credit hours required under par. (a) per 2-year period must be satisfied by such training.

AB43,2922 Section 2922. 447.055 (3) of the statutes is repealed and recreated to read:

AB43,,8042 447.055 (3) The examining board shall, for up to a 2-year period, exempt new licensees from the requirements under this section.

AB43,2923 Section 2923. 447.056 (1) (intro.) of the statutes is amended to read:

AB43,,8044 447.056 (1) (intro.) Except as provided in subs. (2) to and (4), a person is not eligible for renewal of a license to practice dentistry, other than a permit issued under s. 447.02 (3), unless the person has taught, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), 30 credit hours of satisfied the applicable continuing education related to the practice of dentistry or the practice of medicine, including requirements established under this subsection. The examining board shall promulgate rules requiring 30 credit hours of continuing education to be taught, prepared, attended, or otherwise completed per 2-year period. The rules shall require that not less than 25 credit hours of instruction per 2-year period be in clinical dentistry or clinical medicine. Not The rules may not allow more than 4 of the 30 hours may per 2-year period to be from teaching. Continuing education does not satisfy the requirements under this subsection unless the continuing education is one of the following:

AB43,2924 Section 2924. 447.056 (2) of the statutes is repealed and recreated to read:

AB43,,8046 447.056 (2) The examining board shall, for up to a 2-year period, exempt new licensees from the requirements under this section.

AB43,2925 Section 2925. 447.056 (3) of the statutes is repealed.

AB43,2926 Section 2926. 447.057 of the statutes is created to read:

AB43,,8049 447.057 Continuing education; dental therapists. (1) (a) Except as provided in subs. (3) and (4), a person is not eligible for renewal of a license to practice dental therapy, other than a permit issued under s. 447.02 (3), unless the person has taught, prepared, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), 12 credit hours of continuing education relating to the clinical practice of dental therapy that is sponsored or recognized by a local, state, regional, national, or international dental, dental therapy, dental hygiene, dental assisting, or medical-related professional organization.

AB43,,8050 (b) Continuing education required under par. (a) may include training in all of the following:

AB43,,8051 1. Basic life support or cardiopulmonary resuscitation. Not more than 2 of the credit hours required under par. (a) may be satisfied by such training.

AB43,,8052 2. Infection control. Not less than 2 of the credit hours required under par. (a) must be satisfied by such training.

AB43,,8053 (c) After consultation with the department of health services, the examining board may promulgate rules requiring that continuing education credit hours under par. (a) include courses in specific clinical subjects.

AB43,,8054 (2) The credit hours required under sub. (1) (a) may be satisfied by independent study, correspondence, or Internet programs or courses.

AB43,,8055 (3) Subsection (1) (a) does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.

AB43,,8056 (4) A person may substitute credit hours of college level courses related to the practice of dental therapy for the credit hours required under sub. (1) (a). For purposes of this subsection, one credit hour of a college level course is equivalent to 6 credit hours of continuing education.

AB43,,8057 (5) For purposes of sub. (1) (a), one hour of teaching or preparing a continuing education program is equivalent to one credit hour of continuing education, but a person who teaches or prepares a continuing education program may obtain credit for the program only once.

AB43,,8058 (6) The examining board may require applicants for renewal of a license to practice dental therapy to submit proof of compliance with the requirements of this section.

AB43,2927 Section 2927. 447.057 (1) (a) and (b) 1. and 2. of the statutes, as created by 2023 Wisconsin Act .... (this act), are amended to read:

AB43,,8060 447.057 (1) (a) Except as provided in subs. (3) and (4), a person is not eligible for renewal of a license to practice dental therapy, other than a permit issued under s. 447.02 (3), unless the person has taught, prepared, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), 12 credit hours of satisfied the applicable continuing education relating to the clinical practice of dental therapy that is sponsored or recognized by a local, state, regional, national, or international dental, dental therapy, dental hygiene, dental assisting, or medical-related professional organization requirements established under subd. 2.

AB43,,8061 (b) 1. Basic life support or cardiopulmonary resuscitation. Not more than 2 of the credit hours required under par. (a) per 2-year period may be satisfied by such training.

AB43,,8062 2. Infection control. Not less than 2 of the credit hours required under par. (a) per 2-year period must be satisfied by such training.

****Note: This is reconciled s. 447.057 (1) (a) and (b) 1. and 2. This Section has been affected by drafts with the following LRB numbers: -1294/P3 and -1105/P3.

AB43,2928 Section 2928. 447.057 (3) of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed and recreated to read:

AB43,,8064 447.057 (3) The examining board shall, for up to a 2-year period, exempt new licensees from the requirements under this section.

****Note: This is reconciled s. 447.057 (1) (a) and (b) 3. This Section has been affected by drafts with the following LRB numbers: -1294/P3 and -1105/P3.

AB43,2929 Section 2929. 447.058 (2) (b) of the statutes is amended to read:

AB43,,8066 447.058 (2) (b) A mobile dentistry program registrant shall submit an application for renewal, and the applicable renewal fee determined by the department under s. 440.03 (9) (a), to the department on a form provided by the department on or before the applicable renewal date specified determined by the department under s. 440.08 (2) (a).

AB43,2930 Section 2930. 447.06 (1) of the statutes is amended to read:

AB43,,8068 447.06 (1) No contract of employment entered into between a dentist or dental therapist and any other party under which the dentist or dental therapist renders dental services may require the dentist or dental therapist to act in a manner which that violates the professional standards for dentistry or dental therapy set forth in this chapter. 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 or dental therapy set forth in this chapter.

AB43,2931 Section 2931. 447.06 (1m) of the statutes is created to read:

AB43,,8070 447.06 (1m) No contract of employment entered into between a dental therapist and any other party under which the dental therapist is employed to practice dental therapy may require a dental therapist to meet a minimum quota for the number of patients seen or the number of procedures performed.

AB43,2932 Section 2932. 447.06 (2) (a) 3. of the statutes is amended to read:

AB43,,8072 447.06 (2) (a) 3. For a school for the education of dentists, dental therapists, or dental hygienists.

AB43,2933 Section 2933. 447.06 (2) (b) of the statutes is amended to read:

AB43,,8074 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 or dental therapist who is licensed to practice dentistry or dental therapy under this chapter and who is present in the facility in which those practices or procedures are performed, except as provided in par. (c).

AB43,2934 Section 2934. 447.06 (2) (c) (intro.) of the statutes is amended to read:

AB43,,8076 447.06 (2) (c) (intro.) A dental hygienist may practice dental hygiene or perform remediable procedures under par. (a) 1. if a dentist or dental therapist who is licensed to practice dentistry or dental therapy 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:

AB43,2935 Section 2935. 447.06 (2) (c) 2. (intro.) of the statutes is amended to read:

AB43,,8078 447.06 (2) (c) 2. (intro.) The dentist or dental therapist who made the written or oral prescription has examined the patient at least once during the 12-month period immediately preceding:

AB43,2936 Section 2936. 447.06 (3) of the statutes is created to read:

AB43,,8080 447.06 (3) (a) In this subsection:

AB43,,8081 1. “Collaborative management agreement” means an agreement under par. (d).

AB43,,8082 2. “Dental health shortage area” has the meaning given in s. 36.60 (1) (ad).

AB43,,8083 3. “Direct supervision” means that the dentist is present in the dental office or other practice setting, personally diagnoses the condition to be treated, personally authorizes each procedure, and before dismissal of the patient, evaluates the performance of the allied dental personnel.

AB43,,8084 4. “General supervision” means that the dentist is not present in the dental office or other practice setting or on the premises at the time tasks or procedures are being performed by the dental therapist, but that the tasks or procedures performed by the dental therapist are being performed with the prior knowledge and consent of the dentist.

AB43,,8085 5. “Indirect supervision” means that the dentist is present in the dental office or other practice setting, authorizes each procedure, and remains in the office while the procedures are being performed by the allied dental personnel.

AB43,,8086 6. “Medical Assistance patient” means a patient who is a recipient of services under the Medical Assistance program under subch. IV of ch. 49.

AB43,,8087 7. “Qualifying dentist” means a dentist who is licensed in this state and who is actively practicing in this state.

AB43,,8088 8. “Uninsured patient” means a patient who lacks dental health coverage, either through a public health care program or private insurance, and has an annual gross family income equal to or less than 200 percent of the federal poverty guidelines.

AB43,,8089 (b) The scope of practice of a dental therapist shall, subject to the terms of a collaborative management agreement, be limited to providing the following services, treatments, and procedures: