SB692: Bill Text

SB692,,1 2023 SENATE BILL 692

November 21, 2023 - Introduced by Senators Wimberger, Hesselbein, Felzkowski, Cowles, L. Johnson, Marklein, Ballweg and Spreitzer, cosponsored by Representatives VanderMeer, Dittrich, Armstrong, Bodden, Brooks, Callahan, Gustafson, Jacobson, Kitchens, Mursau, O’Connor, Penterman, Plumer, Rozar, Wittke and Brandtjen. Referred to Committee on Health.

SB692,,2 An Act to renumber and amend 440.03 (13) (c); to amend 15.405 (6) (a), 15.405 (6) (b), 36.60 (1) (ae), 45.40 (1g) (a), 77.54 (14) (f) 6., 146.81 (1) (c), 146.997 (1) (d) 3., 155.01 (7), 252.14 (1) (ar) 3., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (b), chapter 447 (title), 447.01 (intro.), 447.01 (8) (bm), 447.01 (13), 447.02 (1) (e), 447.02 (2) (c), 447.02 (2) (d), 447.02 (2) (e), 447.02 (2) (j), 447.02 (4), 447.02 (5), 447.03 (1) (intro.), 447.03 (2) (intro.), 447.03 (3) (intro.), 447.06 (1), 447.06 (2) (b), 447.06 (2) (c) (intro.), 447.06 (2) (e) (intro.), 447.065 (1) (intro.), 447.065 (2), 447.07 (3) (intro.), 447.07 (3) (f), 447.07 (3) (j), 447.09, 447.10, 447.12 (1), 448.956 (4), 450.10 (3) (a) 4., 451.02 (1), 462.02 (2) (d), 462.04, 463.10 (5), 463.12 (5) and 895.48 (1m) (a) (intro.); and to create 14.875, 440.03 (11m) (c) 1t., 440.03 (13) (c) 1. i., subchapter I (title) of chapter 447 [precedes 447.01], 447.01 (1t), 447.01 (1u), 447.04 (1) (bm), 447.04 (2) (bm), subchapter II of chapter 447 [precedes 447.50] and 990.01 (6m) of the statutes; relating to: ratification of the Dentist and Dental Hygienist Compact.

SB692,,3 Analysis by the Legislative Reference Bureau

This bill ratifies and enters Wisconsin into the Dentist and Dental Hygienist Compact, which provides for the ability of a dentist or dental hygienist to become eligible to practice in other compact states. Significant provisions of the compact include the following:

1. The creation of a Dentist and Dental Hygienist Compact Commission, which includes one member or administrator of the licensure boards of each member state. The commission has various powers and duties granted in the compact, including adopting bylaws, promulgating binding rules for the compact, hiring employees, electing or appointing officers, and appointing committees. The commission may levy on and collect an annual assessment from each member state or impose fees on licensees of participating states when a compact privilege is granted to cover the cost of the operations and activities of the commission and its staff.

2. The ability for a dentist or dental hygienist to obtain a “compact privilege,” which allows a dentist or dental hygienist to practice in another compact state (remote state) if he or she satisfies certain criteria. The compact specifies a number of requirements in order for a dentist or dental hygienist to exercise a compact privilege, including holding a license in a home state, not having any encumbrances against a license, and paying any fees and meeting any jurisprudence requirements that may be imposed by a remote state. A dentist or dental hygienist practicing in a remote state under a compact privilege functions within the scope of practice authorized by the remote state for licensees in that state and is subject to that state’s regulatory authority. A remote state may, in accordance with that state’s laws, revoke or remove a dentist’s or dental hygienist’s compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. If a dentist’s or dental hygienist’s license is encumbered, he or she loses the compact privilege in all remote states until the license is no longer encumbered and again meets the requirements for a compact privilege. If a dentist’s or dental hygienist’s compact privilege to practice in a remote state is removed, he or she loses the compact privilege in any remote state and is not eligible for a compact privilege in any remote state until the license is no longer encumbered.

3. The ability of member states to issue subpoenas that are enforceable in other states.

4. The creation of a coordinated database and reporting system containing licensure and disciplinary action information on dentists and dental hygienists. A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission.

5. Provisions regarding resolutions of disputes between member states and between member and nonmember states, including a process for termination of a state’s membership in the compact if the state defaults on its obligations under the compact.

The compact becomes effective in this state upon its enactment in seven states. The compact provides that it may be amended upon the enactment of an amendment by all member states. A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until 180 days after the effective date of that repeal.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

SB692,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB692,1 Section 1. 14.875 of the statutes is created to read:

SB692,,6 14.875 Dentist and dental hygienist compact. There is created a dentist and dental hygienist compact commission as specified in s. 447.50. The commissioner on the commission representing this state shall be appointed by the dentistry examining board as provided in s. 447.50 (7) (b) 1. and shall be an individual described in s. 447.50 (7) (b) 2. The commission has the powers and duties granted and imposed under s. 447.50.

SB692,2 Section 2. 15.405 (6) (a) of the statutes is amended to read:

SB692,,8 15.405 (6) (a) Six dentists who are licensed under subch. I of ch. 447.

SB692,3 Section 3. 15.405 (6) (b) of the statutes is amended to read:

SB692,,10 15.405 (6) (b) Three dental hygienists who are licensed under subch. I of ch. 447. Notwithstanding s. 15.08 (1m) (a), the dental hygienist members may participate in the preparation and grading of licensing examinations for dental hygienists.

SB692,4 Section 4. 36.60 (1) (ae) of the statutes is amended to read:

SB692,,12 36.60 (1) (ae) “Dentist” means a dentist, as defined in s. 447.01 (7), who is licensed under subch. I of ch. 447 and who practices general or pediatric dentistry.

SB692,5 Section 5. 45.40 (1g) (a) of the statutes is amended to read:

SB692,,14 45.40 (1g) (a) “Health care provider” means an advanced practice nurse prescriber who is certified under s. 441.16 (2), an audiologist who is licensed under ch. 459, a dentist who is licensed under subch. I of ch. 447 or who holds a compact privilege under subch. II of ch. 447, an optometrist who is licensed under ch. 449, a physician who is licensed under s. 448.02, or a podiatrist who is licensed under s. 448.63.

SB692,6 Section 6. 77.54 (14) (f) 6. of the statutes is amended to read:

SB692,,16 77.54 (14) (f) 6. A dentist who is licensed under subch. I of ch. 447 or who holds a compact privilege under subch. II of ch. 447.

SB692,7 Section 7. 146.81 (1) (c) of the statutes is amended to read:

SB692,,18 146.81 (1) (c) A dentist who is licensed under ch. 447 or who holds a compact privilege under subch. II of ch. 447.

SB692,8 Section 8. 146.997 (1) (d) 3. of the statutes is amended to read:

SB692,,20 146.997 (1) (d) 3. A dentist who is licensed under ch. 447 or who holds a compact privilege under subch. II of ch. 447.

SB692,9 Section 9. 155.01 (7) of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read:

SB692,,22 155.01 (7) “Health care provider” means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under subch. I of ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, or genetic counselor licensed under ch. 448, a naturopathic doctor licensed under ch. 466, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b), a dentist who holds a compact privilege under subch. II of ch. 447, a physical therapist or physical therapist assistant who holds a compact privilege under subch. XI of ch. 448, an occupational therapist or occupational therapy assistant who holds a compact privilege under subch. XII of ch. 448, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

SB692,10 Section 10. 252.14 (1) (ar) 3. of the statutes is amended to read:

SB692,,24 252.14 (1) (ar) 3. A dentist who is licensed under subch. I of ch. 447 or who holds a compact privilege under subch. II of ch. 447.

SB692,11 Section 11. 440.03 (9) (a) (intro.) of the statutes is amended to read:

SB692,,26 440.03 (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), and 448.9875 (2) by doing all of the following:

SB692,12 Section 12. 440.03 (9) (a) 2. of the statutes is amended to read:

SB692,,28 440.03 (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), and 448.9875 (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.

SB692,13 Section 13. 440.03 (11m) (c) 1t. of the statutes is created to read:

SB692,,30 440.03 (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.

SB692,14 Section 14. 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB692,,32 440.03 (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., and 455.50 (3) (e) 4. and (f) 4.:

SB692,15 Section 15. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.) and amended to read:

SB692,,34 440.03 (13) (c) 1. (intro.) The department shall require an all of the following to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints:

SB692,,35 a. An applicant for a private detective license or a private security permit under s. 440.26, an.

SB692,,36 b. An applicant for a juvenile martial arts instructor permit under sub. (17), an.

SB692,,37 c. An applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an.

SB692,,38 d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.

SB692,,39 e. An applicant for a compact license under s. 448.05 (2) (f), an.

SB692,,40 f. An applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an.

SB692,,41 g. An applicant for an occupational therapist or occupational therapy assistant compact privilege under s. 448.987 (4), and an applicant for an occupational therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2. a., an

SB692,,42 h. An applicant for a psychologist license under s. 455.04, and a.

SB692,,43 z. A person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints.

SB692,,44 2. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, of all applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist license under s. 448.53 or a physical therapist assistant license under s. 448.535, and of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to i., 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.

SB692,,45 3. Information obtained from the federal bureau of investigation may be shared with the department or the appropriate credentialing board, but shall otherwise be kept confidential and is not subject to disclosure under s. 19.35.

SB692,16 Section 16. 440.03 (13) (c) 1. i. of the statutes is created to read:

SB692,,47 440.03 (13) (c) 1. i. 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.

SB692,17 Section 17. 440.15 of the statutes is amended to read:

SB692,,49 440.15 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., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., 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.

SB692,18 Section 18. 446.01 (1v) (b) of the statutes is amended to read:

SB692,,51 446.01 (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.

SB692,19 Section 19. Chapter 447 (title) of the statutes is amended to read:

SB692,,55 CHAPTER 447 DENTISTRY EXAMINING BOARD AND DENTAL HYGIENE

SB692,20 Section 20. Subchapter I (title) of chapter 447 [precedes 447.01] of the statutes is created to read:

SB692,,57 CHAPTER 447

SB692,,58 SUBCHAPTER I

SB692,,60 REGULATION OF DENTISTRY AND DENTAL HYGIENE

SB692,21 Section 21. 447.01 (intro.) of the statutes is amended to read:

SB692,,62 447.01 Definitions. (intro.) In this chapter subchapter:

SB692,22 Section 22. 447.01 (1t) of the statutes is created to read:

SB692,,64 447.01 (1t) “Compact” means the dentist and dental hygienist compact under s. 447.50.

SB692,23 Section 23. 447.01 (1u) of the statutes is created to read:

SB692,,66 447.01 (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.

SB692,24 Section 24. 447.01 (8) (bm) of the statutes is amended to read:

SB692,,68 447.01 (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.

SB692,25 Section 25. 447.01 (13) of the statutes is amended to read:

SB692,,70 447.01 (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.

SB692,26 Section 26. 447.02 (1) (e) of the statutes is amended to read: