STATE OF WISCONSIN
DENTISTRY EXAMINING BOARD
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
DENTISTRY EXAMINING BOARD
ORDER OF THE DENTISTRY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE 17-045)
ORDER
An order of the Dentistry Examining Board to repeal DE 5.02 (12) and 5.03; to amend DE 5.02 (13); and to create DE 5.02 (14m) and (27) relating to unprofessional conduct.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: s. 447.07, Stats. Explanation of agency authority:
Each Examining Board shall promulgate rules for the guidance of the profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the profession.
Related statute or rule: ch. DE 5 Plain language analysis:
This rule updates the unprofessional conduct provisions.
Section 1 repeals the provision relating to false, deceptive or misleading advertising due to it being redundant in that ch. DE 6 governs advertising and it is unprofessional conduct to violate any valid rule of the board. Section 2 updates the provision relating to refusing to render services based upon discriminatory basis by removing the words “color and sex” and adding the word “gender”.
Section 3 clarifies it is unprofessional conduct if the person surrenders a credential issued by another state while under investigation by that other jurisdiction.
Sections 4 and 5 create a provision under unprofessional conduct relating to engaging in irregularities in billing a 3rd party for services provided to a patient and then eliminates the prohibited practice section as being duplicative. The Board determined the prohibited practice section is not required and the new unprofessional conduct provision adequately protects the public.
Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
Illinois: Illinois’ unprofessional conduct provisions include irregularities in billing for services rendered to a patient. It does not include surrendering a license while under investigation. It also does not address failure to treat a person due to color, sex or gender.
Iowa: Iowa’s unprofessional conduct provisions include: various billing violations; and refusing to accept patients or deny dental service to patients because of the patient’s race, creed, sex or national origin. It does not mention a person surrendering a license while under investigation.
Michigan: The provisions addressed in this proposed rule are not included in Michigan’s unprofessional conduct provisions.
Minnesota: The provisions addressed in this proposed rule are not included in Minnesota’s unprofessional conduct provisions.
Summary of factual data and analytical methodologies:
The Dentistry Examining Board did a comprehensive review of chapter DE 5 to create clarity and remove obsolete provisions.
