Chapter 447

447.06(3)(b)22. 22. Intraoral suture placement and removal.

447.06(3)(b)23. 23. Minor adjustment and repair of removable prostheses.

447.06(3)(b)24. 24. Placement and removal of space maintainers.

447.06(3)(b)25. 25. Pulpotomy on primary teeth.

447.06(3)(b)26. 26. Tooth reimplantation and stabilization.

447.06(3)(b)27. 27. Recementing of a permanent crown.

447.06(3)(b)28. 28. Any additional services, treatments, or procedures specified in the rules promulgated under s. 447.02 (1) (g).

447.06(3)(bm) (bm)

447.06(3)(bm)1. 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.

447.06(3)(bm)2. 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.

447.06(3)(c) (c)

447.06(3)(c)1. 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.

447.06(3)(c)2. 2.

447.06(3)(c)2.a. 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.

447.06(3)(c)2.b. 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.

447.06(3)(c)3. 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.

447.06(3)(c)4. 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.

447.06(3)(d) (d)

447.06(3)(d)1. 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:

447.06(3)(d)1.a. a. The practice settings where services may be provided and the patient populations that may be served.

447.06(3)(d)1.b. b. Consistent with and subject to pars. (bm) and (c), any conditions or limitations on the services that may be provided by the dental therapist, the level of supervision required, and any circumstances requiring consultation prior to performing services.

447.06(3)(d)1.c. c. Age-specific and procedure-specific practice protocols.

447.06(3)(d)1.d. d. Dental record-keeping procedures.

447.06(3)(d)1.e. e. Plans for managing dental or medical emergencies.

447.06(3)(d)1.f. f. A quality assurance plan for monitoring care provided by the dental therapist.

447.06(3)(d)1.g. g. Protocols for administering and dispensing medications.

447.06(3)(d)1.h. h. Criteria or protocols relating to the provision of care to patients with specific medical conditions, treatments, or medications.

447.06(3)(d)1.i. i. Policies relating to supervision of dental hygienists and other staff.

447.06(3)(d)1.j. j. A plan for the referral of patients to other dental or health care providers or clinics when services needed are beyond the scope of practice or authorization of the dental therapist.

447.06(3)(d)1.k. k. Whether and to what extent the dental therapist may perform services described in par. (b) 15.

447.06(3)(d)2. 2.

447.06(3)(d)2.a. a. A collaborative management agreement shall be limited to covering one qualifying dentist and one dental therapist.

447.06(3)(d)2.b. b. A dental therapist may enter into multiple collaborative management agreements.

447.06(3)(d)2.c. c. No dentist may have collaborative management agreements with more than 4 dental therapists at any time.

447.06(3)(dm) (dm) A dental therapist may, subject to par. (e), provide dental therapy services only as an employee of one or more of the following that satisfies par. (dr):

447.06(3)(dm)1. 1. A dentist with whom the dental therapist has entered into a collaborative management agreement.

447.06(3)(dm)2. 2. A dental practice.

447.06(3)(dm)3. 3. A school district or the operator of a private school, as defined in s. 115.001 (3r), or a tribal school, as defined in s. 115.001 (15m).

447.06(3)(dm)4. 4. The operator of a school for the education of dentists or dental hygienists.

447.06(3)(dm)5. 5. A state or federal prison, a county jail, or other federal, state, county, or municipal correctional or detention facility, or a facility established to provide care for terminally ill patients.

447.06(3)(dm)6. 6. A local health department, as defined in s. 250.01 (4).

447.06(3)(dm)7. 7. A charitable institution open to the general public or to members of a religious sect or order.

447.06(3)(dm)8. 8. A nonprofit home health care agency.

447.06(3)(dm)9. 9. The operator of a nonprofit dental care program serving primarily indigent, economically disadvantaged, or migrant worker populations.

447.06(3)(dm)10. 10. A health care employer, as defined in s. 440.094 (1) (b).

447.06(3)(dr) (dr) A dentist may not enter into a collaborative management agreement with a dental therapist unless the dentist directly employs the dental therapist as provided in par. (dm) 1. or the dentist is employed by or contracts with the dental therapist’s employer described in par. (dm) 2. to 10.

447.06(3)(e) (e) A dental therapist shall at all times comply with at least one of the following:

447.06(3)(e)1. 1. Limit his or her practice to practicing in one or more dental health shortage areas. If a dental therapist begins practicing in a dental health shortage area, and that area loses its designation as a dental health shortage area while the dental therapist continues to practice in that area, the dental therapist is considered to satisfy this subdivision as long as the dental therapist continues to practice in that area.

447.06(3)(e)2. 2. Practice in one or more settings in which at least 50 percent of the total patient base of the dental therapist consists of patients who are any of the following:

447.06(3)(e)2.a. a. Medical Assistance patients.

447.06(3)(e)2.b. b. Uninsured patients.

447.06(3)(e)2.c. c. Patients receiving dental care at free and charitable clinics.

447.06(3)(e)2.d. d. Patients receiving dental care at federally qualified health centers.

447.06(3)(e)2.e. e. Patients who reside in long-term care facilities.

447.06(3)(e)2.f. f. Veterans.

447.06(3)(e)2.g. g. Patients who are members of a federally recognized Indian tribe or band.

447.06(3)(e)2.h. h. Patients receiving dental care at clinics or facilities located on tribal lands.

447.06(3)(e)2.i. i. Patients with medical disabilities or chronic conditions that create barriers of access to dental care.

447.06 History History: 1989 a. 349 ss. 13, 16 to 19; 1993 a. 27; 1997 a. 96; 2009 a. 302; 2013 a. 237, 354; 2017 a. 20, 116; 2023 a. 87, 88; s. 13.92 (2) (i).

447.063 447.063 Preservation and transfer of patient health care records.

447.063(1) (1) A person who manages or controls a business that offers dental, dental therapy, or dental hygiene services, including management or control of a business through which the person allows another person to offer dental, dental therapy, or dental hygiene services, shall preserve patient health care records, as defined in s. 146.81 (4), for an amount of time determined by the examining board by rule.

447.063(2) (2) A person who manages or controls a business that offers dental, dental therapy, or dental hygiene services, including management or control of a business through which the person allows another person to offer dental, dental therapy, or dental hygiene services, shall, upon request of a patient or person authorized by the patient, as defined in s. 146.81 (5), transfer the patient health care records, as defined in s. 146.81 (4), of the patient to another person that the patient or person authorized by the patient specifies to receive the patient health care records.

447.063 History History: 2017 a. 116; 2023 a. 87.

447.065 447.065 Delegation of remediable procedures and dental practices.

447.065(1) (1) A dentist or dental therapist may delegate to an individual who is not licensed under this subchapter only the performance of remediable procedures, and only if all of the following conditions are met:

447.065 Note NOTE: Sub. (1) (intro.) 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).

447.065(1)(a) (a) The unlicensed individual performs the remediable procedures in accordance with a treatment plan approved by the dentist or dental therapist.

447.065(1)(b) (b) The dentist or dental therapist is on the premises when the unlicensed individual performs the remediable procedures.

447.065(1)(c) (c) The unlicensed individual’s performance of the remediable procedures is subject to inspection by the dentist or dental therapist.

447.065(2) (2) Subject to the requirements under s. 447.06 (2), a dentist or dental therapist may delegate to a dental hygienist the performance of remediable procedures and the administration of oral systemic premedications, local anesthesia, nitrous oxide inhalation analgesia, and subgingival sustained release chemotherapeutic agents, to the extent the dentist or dental therapist has the authority to perform the activity personally.

447.065 Note NOTE: Sub. (2) 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).

447.065(3) (3) A dentist or dental therapist who delegates to another individual the performance of any practice or remediable procedure is responsible for that individual’s performance of that delegated practice or procedure.

447.065 History History: 1989 a. 349; 1997 a. 96; 2013 a. 354; 2023 a. 87, 88; s. 13.92 (2) (i).

447.067 447.067 Identification of removable prosthetic devices.

447.067(1) (1) Except as provided in sub. (2), a dentist who constructs a removable prosthetic device shall mark the device with the patient’s first and last name. Except as provided in sub. (2), a dentist who authorizes a dental laboratory or dental laboratory technician to construct a removable prosthetic device shall ensure that the device is marked with the patient’s first and last name.

447.067(2) (2) The following exceptions apply to the identification required under sub. (1):

447.067(2)(a) (a) The first, middle and last name initials of the patient may be substituted for the first and last name of the patient if, in the professional judgment of the dentist, it is impracticable to mark the first and last name of the patient.

447.067(2)(b) (b) The name and the initials of the patient may be omitted if each of those forms of identification is medically contraindicated.

447.067 History History: 1993 a. 103.

447.07 447.07 Disciplinary proceedings.

447.07(1) (1) The examining board may, without further notice or process, limit, suspend, or revoke the license or certificate of any dentist, dental therapist, or dental hygienist, or the registration of a mobile dentistry program registrant, who fails, within 60 days after the mailing of written notice to the dentist’s, dental therapist’s, dental hygienist’s, or registrant’s last-known address, to renew the license, certificate, or registration.

447.07(3) (3) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to any alleged action of any dentist, dental therapist, dental hygienist, or expanded function dental auxiliary, of a mobile dentistry program registrant, or of any other person it has reason to believe is engaged in or has engaged in the practice of dentistry, dental therapy, or dental hygiene, or the operation of a mobile dentistry program, in this state, and may, on its own motion, or upon complaint in writing, reprimand any dentist, dental therapist, dental hygienist, or expanded function dental auxiliary who is licensed or certified under this subchapter or who holds a compact privilege, or any mobile dentistry program registrant, or deny, limit, suspend, or revoke his or her license, certificate, or compact privilege, or the registration of the mobile dentistry program registrant, if it finds that the dentist, dental therapist, dental hygienist, expanded function dental auxiliary, or mobile dentistry program registrant has done any of the following:

447.07 Note NOTE: Sub. (3) (intro.) 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).

447.07(3)(a) (a) Engaged in unprofessional conduct or violated the standards of conduct established by the examining board under s. 447.02 (2) (g).

447.07(3)(b) (b) Made any false statement or given any false information in connection with an application for a license, certificate, or registration or for renewal or reinstatement of a license, certificate, or registration, or received a license, certificate, or registration through error.

447.07(3)(c) (c) Been adjudicated mentally incompetent by a court.

447.07(3)(d) (d) Directly or indirectly sent, for a purpose other than shade verification, impressions or measurements to a dental laboratory without a written work authorization on a form approved by the examining board and signed by the authorizing dentist, or directly or indirectly sent a patient, or an agent of a patient, to a dental laboratory for any purpose other than for shade verification. The examining board or its agents or employees may inspect dental offices and the work authorization records of dental laboratories to determine compliance with this paragraph.

447.07(3)(e) (e) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a crime, the circumstances of which substantially relate to the practice of dentistry, dental therapy, or dental hygiene, the practice of an expanded function dental auxiliary, or the operation of a mobile dentistry program.

447.07(3)(f) (f) Violated this subchapter or any federal or state statute or rule that relates to the practice of dentistry, dental therapy, dental hygiene, or an expanded function dental auxiliary, or the operation of a mobile dentistry program.