SB689: Bill Text

SB689,34 Section 34. 447.03 (3) (c) of the statutes is amended to read:

SB689,,74 447.03 (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.

SB689,35 Section 35. 447.04 (1m) of the statutes is created to read:

SB689,,76 447.04 (1m) Dental therapists. The examining board shall grant a license to practice dental therapy to an individual who does all of the following:

SB689,,77 (a) Submits an application for the license to the department on a form provided by the department.

SB689,,78 (b) Pays the fee specified in s. 440.05 (1).

SB689,,79 (c) Submits evidence satisfactory to the examining board that he or she has done one of the following:

SB689,,80 1. Graduated from an accredited dental therapy education program.

SB689,,81 2. Graduated from a dental therapy education program that was not accredited at the time of graduation, but that satisfies all of the following:

SB689,,82 a. The program was approved by the Minnesota Board of Dentistry on or before the effective date of this subd. 2. a. .... [LRB inserts date].

SB689,,83 b. The program was accredited as of the date the individual applies for a license under this subsection.

SB689,,84 3. Graduated from a dental therapy education program located in this state that, at the time of graduation, was not fully accredited but had received initial accreditation. This subdivision applies to a dental therapy education program only during the 4-year period beginning after the program’s inception. After that 4-year period has elapsed, an individual may not qualify for a license under this subsection on the basis of graduation from that program unless the program has subsequently become accredited as described in subd. 1. The examining board shall maintain a register of individuals granted a license on the basis of graduation from a program described in this subdivision.

SB689,,85 (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.

SB689,,86 (e) Passes an examination administered by the examining board on the statutes and rules relating to dental therapy.

SB689,,87 (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.

SB689,,88 (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.

SB689,,89 (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.

SB689,36 Section 36. 447.05 (2m) of the statutes is created to read:

SB689,,91 447.05 (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.

SB689,37 Section 37. 447.057 of the statutes is created to read:

SB689,,93 447.057 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.

SB689,,94 (b) Continuing education required under par. (a) may include training in all of the following:

SB689,,95 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.

SB689,,96 2. Infection control. Not less than 2 of the credit hours required under par. (a) must be satisfied by such training.

SB689,,97 (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.

SB689,,98 (2) The credit hours required under sub. (1) (a) may be satisfied by independent study, correspondence, or Internet programs or courses.

SB689,,99 (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.

SB689,,100 (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.

SB689,,101 (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.

SB689,,102 (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.

SB689,38 Section 38. 447.06 (1) of the statutes is amended to read:

SB689,,104 447.06 (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.

SB689,39 Section 39. 447.06 (1m) of the statutes is created to read:

SB689,,106 447.06 (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.

SB689,40 Section 40. 447.06 (2) (a) 3. of the statutes is amended to read:

SB689,,108 447.06 (2) (a) 3. For a school for the education of dentists, dental therapists, or dental hygienists.

SB689,41 Section 41. 447.06 (2) (b) of the statutes is amended to read:

SB689,,110 447.06 (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).

SB689,42 Section 42. 447.06 (2) (c) (intro.) of the statutes is amended to read:

SB689,,112 447.06 (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:

SB689,43 Section 43. 447.06 (2) (c) 2. (intro.) of the statutes is amended to read:

SB689,,114 447.06 (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:

SB689,44 Section 44. 447.06 (3) of the statutes is created to read:

SB689,,116 447.06 (3) (a) In this subsection:

SB689,,117 1. “Collaborative management agreement” means an agreement under par. (d).

SB689,,118 2. “Dental health shortage area” has the meaning given in s. 36.60 (1) (ad).

SB689,,119 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.

SB689,,120 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.

SB689,,121 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.

SB689,,122 6. “Medical Assistance patient” means a patient who is a recipient of services under the Medical Assistance program under subch. IV of ch. 49.

SB689,,123 7. “Qualifying dentist” means a dentist who is licensed in this state, who is actively practicing in this state, and who satisfies the requirement under par. (dr).

SB689,,124 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.

SB689,,125 (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:

SB689,,126 1. Oral evaluation and assessment of dental disease and formulation of an individualized treatment plan.

SB689,,127 2. Identification of oral and systemic conditions requiring evaluation or treatment by dentists, physicians, or other health care providers and managing referrals.

SB689,,128 3. Comprehensive charting of the oral cavity.

SB689,,129 4. Oral health instruction and disease prevention education, including nutritional counseling and dietary analysis.

SB689,,130 5. Exposure and evaluation of radiographic images.

SB689,,131 6. Dental prophylaxis, including subgingival scaling and polishing procedures.

SB689,,132 7. Dispensing and administration via the oral or topical route of nonnarcotic analgesic, anti-inflammatory, and antibiotic medications as prescribed by a licensed health care provider.

SB689,,133 8. Application of topical preventive or prophylactic agents, including fluoride varnish, antimicrobial agents, caries arresting medicaments, and pit and fissure sealants.

SB689,,134 9. Pulp vitality testing.

SB689,,135 10. Application of desensitizing medications or resins.

SB689,,136 11. Fabrication of athletic mouth guards and soft occlusal guards.

SB689,,137 12. Changing of periodontal dressings.

SB689,,138 13. Administration of local anesthetic and nitrous oxide.

SB689,,139 14. Simple extraction of erupted primary teeth.

SB689,,140 15. Nonsurgical extraction of periodontally diseased permanent teeth with tooth mobility of +3 to +4 to the extent authorized in the dental therapist’s collaborative management agreement, except for the extraction of a tooth that is unerupted, impacted, or fractured or that needs to be sectioned for removal.

SB689,,141 16. Emergency palliative treatment of dental pain limited to the procedures in this paragraph.

SB689,,142 17. Preparation and placement of direct restoration in primary and permanent teeth.

SB689,,143 18. Fabrication and placement of single-tooth temporary crowns.

SB689,,144 19. Preparation and placement of preformed crowns on primary teeth.

SB689,,145 20. Indirect and direct pulp capping on permanent teeth.

SB689,,146 21. Indirect pulp capping on primary teeth.

SB689,,147 22. Intraoral suture placement and removal.

SB689,,148 23. Minor adjustment and repair of removable prostheses.

SB689,,149 24. Placement and removal of space maintainers.

SB689,,150 25. Pulpotomy on primary teeth.

SB689,,151 26. Tooth reimplantation and stabilization.

SB689,,152 27. Recementing of a permanent crown.

SB689,,153 28. Any additional services, treatments, or procedures specified in the rules promulgated under s. 447.02 (1) (g).

SB689,,154 (bm) 1. Notwithstanding par. (b) 1. to 28., a dental therapist shall, except as provided in subd. 2., limit his or her practice of dental therapy to providing the services, treatments, and procedures covered by his or her dental therapy education program.

SB689,,155 2. If any service, treatment, or procedure under par. (b) 1. to 28. was not covered by a dental therapist’s dental therapy education program, the dental therapist may provide that service, treatment, or procedure if the dental therapist has subsequently received additional dental therapy educational training to provide that service, treatment, or procedure.

SB689,,156 (c) 1. Except as provided in subd. 2., a dental therapist licensed under this chapter may provide dental therapy services in this state only under the direct supervision or indirect supervision of a qualifying dentist with whom the dental therapist has entered into a collaborative management agreement.

SB689,,157 2. a. Once a dental therapist licensed under this chapter has provided dental therapy services for at least 2,000 hours under direct supervision or indirect supervision, the dental therapist may provide dental therapy services in this state under the general supervision of a qualifying dentist with whom the dental therapist has entered into a collaborative management agreement.

SB689,,158 b. For purposes of the 2,000 hours requirement under subd. 2. a., hours may include hours of providing dental therapy services in this state under direct supervision or indirect supervision of a qualifying dentist as described in subd. 1. or hours of providing dental therapy services under direct supervision or indirect supervision while licensed as a dental therapist outside this state, but may not include any hours completed prior to graduating from the dental therapy education program.

SB689,,159 3. Notwithstanding subds. 1. and 2., the level of supervision for a dental therapist may be further limited under the terms of a collaborative management agreement under par. (d) 1. b.

SB689,,160 4. A supervising dentist shall accept responsibility for all services performed by a dental therapist pursuant to a collaborative management agreement. If services needed by a patient are beyond the dental therapist’s scope of practice or authorization under the collaborative management agreement, the dental therapist shall, to the extent required under the collaborative management agreement, consult with the supervising dentist as needed to arrange for those services to be provided by a dentist or another qualified health care provider.

SB689,,161 (d) 1. Prior to providing any dental therapy services, a dental therapist shall enter into a written collaborative management agreement with a qualifying dentist who will serve as a supervising dentist under par. (c). The agreement must be signed by the dental therapist and the qualifying dentist and address all of the following: