Chapter 447

447.17   Mandatory indemnification.

447.19   Determination of right to indemnification.

447.21   Allowance of expenses as incurred.

447.23   Dental society may limit indemnification.

447.25   Additional rights to indemnification and allowance of expenses.

447.27   Court-ordered indemnification.

447.29   Indemnification and allowance of expenses of employees and agents.

447.31   Insurance.

447.34   Reliance by directors or officers.

447.36   Consideration of interests in addition to members’ interests.

447.38   Limited liability of directors and officers.

447.40   Informed consent.

SUBCHAPTER II

DENTIST AND DENTAL
HYGIENIST COMPACT

447.50   Dentist and dental hygienist compact.

447.51   Implementation of the dentist and dental hygienist compact.

Ch. 447 Cross-reference Cross-reference: See definitions in s. 440.01.

subch. I of ch. 447 SUBCHAPTER I

REGULATION OF DENTISTRY
AND DENTAL HYGIENE

447.01 447.01 Definitions. In this subchapter:

447.01(1) (1) “Accredited” means accredited by the American Dental Association commission on dental accreditation or its successor agency.

447.01(1e) (1e) “Administer” means to directly apply a vaccine to the body of a patient by any means.

447.01(1m) (1m) “Community rehabilitation program” means a nonprofit entity, county, municipality, or state or federal agency that directly provides, or facilitates the provision of, vocational rehabilitation services to individuals who have disabilities to maximize the employment opportunities, including career advancement, of such individuals.

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

447.01(1u) (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.

447.01(2) (2) “Dental disease” means any pain, injury, deformity, physical illness or departure from complete dental health or the proper condition of the human oral cavity or any of its parts.

447.01(3) (3) “Dental hygiene” means the performance of educational, preventive or therapeutic dental services. “Dental hygiene” includes any of the following:

447.01(3)(a) (a) Removing supragingival or subgingival calcareous deposits, subgingival cement or extrinsic stains from a natural or restored surface of or a fixed replacement for a human tooth.

447.01(3)(b) (b) Deep scaling or root planing a human tooth.

447.01(3)(c) (c) Conditioning a human tooth surface in preparation for the placement of a sealant and placing a sealant.

447.01(3)(d) (d) Conducting a substantive medical or dental history interview or preliminary examination of a dental patient’s oral cavity or surrounding structures, including the preparation of a case history or recording of clinical findings.

447.01(3)(e) (e) Conducting an oral screening without the written prescription of a dentist.

447.01(3)(f) (f) Participating in the development of a dental patient’s dental hygiene treatment plan.

447.01(3)(g) (g) Any other practice specified in the rules promulgated under s. 447.02 (1) (d).

447.01(4) (4) “Dental hygiene student” means an individual who is enrolled in and in regular attendance at an accredited dental hygiene school.

447.01(5) (5) “Dental hygienist” means an individual who practices dental hygiene.

447.01(6) (6) “Dental student” means an individual who is enrolled in and in regular attendance at an accredited dental school.

447.01(6g) (6g) “Dental therapist” means an individual who practices dental therapy.

447.01(6r) (6r) “Dental therapy” means the limited practice of dentistry, consisting of the services, treatments, and procedures specified in s. 447.06 (3) (b).

447.01(7) (7) “Dentist” means an individual who practices dentistry.

447.01(8) (8) 

447.01(8)(am) (am) “Dentistry” means the examination, evaluation, diagnosis, prevention, or treatment, including surgery, of diseases, disorders, or conditions of the human oral cavity or its adjacent or associated tissues and structures, or of the maxillofacial area, and their impact on the human body.

447.01(8)(az) (az) “Dentistry” includes administering vaccines against SARS-CoV-2 coronavirus and influenza under s. 447.059 (1).

447.01(8)(bm) (bm) A dentist who is licensed under this 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.

447.01(9) (9) “Examining board” means the dentistry examining board.

447.01(10) (10) “Mobile dentistry program registrant” means a person registered under s. 447.058.

447.01(11) (11) “Prescription order” has the meaning given in s. 450.01 (21).

447.01(12) (12) “Remediable procedures” means patient procedures that create changes within the oral cavity or surrounding structures that are reversible and do not involve any increased health risks to the patient.

447.01(13) (13) “Written or oral prescription” means specific written or oral authorization by a dentist to perform patient procedures according to a clearly defined treatment plan developed by the dentist.

447.01 History History: 1989 a. 56; 1989 a. 349 ss. 4, 5, 8 to 10; 2013 a. 244, 341; 2017 a. 20; 2021 a. 8; 2023 a. 87, 88.

447.02 447.02 Dentistry examining board.

447.02(1) (1) The examining board may promulgate rules:

447.02(1)(a) (a) Governing the reexamination of an applicant who fails an examination specified in s. 447.04 (1) (a) 5., (1m) (e), or (2) (a) 5. The rules may specify additional educational requirements for those applicants and may specify the number of times an applicant may be examined.

447.02(1)(b) (b) Governing the standards and conditions for the use of radiation and ionizing equipment in the practice of dentistry or dental therapy.

447.02(1)(c) (c) Subject to ch. 553 and s. 447.06 (1), governing dental franchising.

447.02(1)(d) (d) Specifying practices, in addition to the practices specified under s. 447.01 (3) (a) to (f), that are included within the practice of dental hygiene.

447.02(1)(e) (e) Providing for the granting of temporary licenses under this subchapter.

447.02(1)(f) (f) Governing compliance with continuing education requirements under s. 447.056.

447.02(1)(g) (g) Specifying services, treatments, or procedures, in addition to those specified under s. 447.06 (3) (b) 1. to 27., that are included within the practice of dental therapy.

447.02(2) (2) The examining board shall promulgate rules specifying all of the following:

447.02(2)(a) (a) The conditions for supervision and the degree of supervision required under ss. 447.03 (3) (a), (am), (b) and (d) 2. and 447.065.

447.02(2)(b) (b) The standards, conditions and any educational requirements that are in addition to the requirements specified in s. 447.04 (1) that must be met by a dentist to be permitted to induce general anesthesia or conscious sedation in connection with the practice of dentistry.

447.02(2)(c) (c) Whether an individual is required to be licensed under this subchapter to remove plaque or materia alba accretions with mechanical devices.

447.02(2)(d) (d) The oral systemic premedications and subgingival sustained release chemotherapeutic agents that may be administered by a dental hygienist under s. 447.06 (2) (e) 1. and 3.

447.02(2)(e) (e) The educational requirements for administration of local anesthesia by a dental hygienist under s. 447.06 (2) (e) 2.

447.02(2)(f) (f) A requirement that a mobile dentistry program registrant establish procedures for a patient treated in the mobile dentistry program to access his or her patient records.

447.02(2)(g) (g) Standards of conduct for the operation of a mobile dentistry program in this state, the provision of dental services through a mobile dentistry program, and the use of portable dental equipment.

447.02(2)(h) (h) A definition of “mobile dentistry program” and the activities that constitute the operation of a mobile dentistry program for purposes of the registration requirement under s. 447.058.

447.02(2)(i) (i) Provisions implementing s. 447.40.

447.02(2)(j) (j) The educational requirements for a dental hygienist to administer nitrous oxide inhalation analgesia under s. 447.06 (2) (e) 4.

447.02(3) (3) 

447.02(3)(a) (a) The examining board may issue a permit authorizing the practice in this state, without compensation, of dentistry, dental therapy, or dental hygiene to an applicant who is licensed to practice dentistry, dental therapy, or dental hygiene in another state, if all of the following apply:

447.02(3)(a)1. 1. The examining board determines that the applicant’s services will improve the welfare of Wisconsin residents.

447.02(3)(a)2. 2. The examining board determines that the applicant is qualified and satisfies the criteria specified under s. 447.04 (1) (b) 1. to 3., except that the examining board may not require the applicant to pass an examination of state statutes and rules relating to dentistry, dental therapy, or dental hygiene.

447.02(3)(a)3. 3. If the applicant is applying for a permit to practice dental therapy, the applicant graduated from a dental therapy education program approved under s. 447.04 (1m) (c) 1. to 3.

447.02(3)(b) (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.

447.02(4) (4) In the course of investigating a violation of this 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).

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

447.02 Note NOTE: Sub. (5) is shown as amended by 2023 Wis. Acts 87 and 88 and as merged by the legislative reference bureau under s. 13.92 (2) (i).

447.02(6) (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 January 1, 2030.

447.02 History History: 1989 a. 349; 1997 a. 96; 2007 a. 31; 2009 a. 10; 2013 a. 244, 345, 354; 2015 a. 195 s. 82; 2017 a. 116; 2023 a. 87, 88; s. 13.92 (2) (i).

447.02 Cross-reference Cross-reference: See also DE and chs. DE 7, 10, and 11, Wis. adm. code.

447.03 447.03 License required.

447.03(1) (1) Dentists. 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 subchapter or holds a compact privilege to practice dentistry:

447.03(1)(a) (a) Practice or offer to practice dentistry.

447.03(1)(b) (b) Use or permit to be used, directly or indirectly, for a profit or otherwise for himself or herself, or for any other person, the title, or append to his or her name the words or letters, “doctor”, “Dr.”, “Doctor of Dental Surgery”, “D.D.S.”, or “D.M.D.”, or any other letters, titles, degrees, terms or descriptive matter, personal or not, which directly or indirectly represent him or her to be engaged in the practice of dentistry.

447.03(1)(c) (c) Inform the public directly or indirectly in any language, orally, in writing or printing, or by drawings, demonstrations, signs, pictures or other means that he or she can perform or will attempt to perform dental services of any kind.

447.03(1m) (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: