STATE OF WISCONSIN
DENTISTRY EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : DENTISTRY EXAMINING BOARD
DENTISTRY EXAMINING BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE 17-068)
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ORDER
An order of the Dentistry Examining Board to repeal DE 1.02 (1m), (2) and (4), 2.03 (7), 2.04 (1) (c) and (d), 2.04 (2) (c), 2.04 (2) (f), 2.06, 2.07, 2.08 and 2.09; to amend DE 2.01 (1) (d), (f), and (g), 2.01 (2) (a) and (b), 2.015 (1) (d), 2.03 (5) (title), 2.03 (5) (a) 2., 2.04 (1), 2.04 (1) (e) and (g), 2.04 (2), 2.04 (2) (d), 2.05 and 3.04 (2); to repeal and recreate DE 2.03 (5) (b), 2.03 (6), 2.04 (1) (a), 3.02 and 3.03; and to create DE 2.005, 2.01 (1) (h), 2.01 (1m) (e), 2.01 (2) (c) and (d), 2.013, and 2.015 (1) (f), relating to dental licensure and the practice of dental hygiene.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Each examining board shall promulgate rules for its own guidance and 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 particular profession. [s. 15.08 (5) (b), Stats.] The examining board may promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements in order to restore the credential, in addition to the applicable requirements for renewal established under ch. 447, that the examining board determines are necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed in order to obtain an initial credential from the examining board. [s. 440.08 (3) (b), Stats.] The examining board may promulgate rules governing the reexamination of an applicant who fails an examination specified in s. 447.04 (1) (a) 5. 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. [s. 447.02 (1) (a) , Stats.] The examining board may promulgate rules 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. [s. 447.02 (1) (d), Stats.] The examining board may promulgate rules providing for the granting of temporary licenses under this chapter. [s. 447.02 (1) (e), Stats.] The examining board shall promulgate rules specifying the oral systemic premedications and subgingival sustained release chemotherapeutic agents that may be administered by a dental hygienist licensed under this chapter under s. 447.06 (2) (e) 1. and 3. [s. 447.02 (2) (d), Stats.] The examining board shall grant a license to practice dental hygiene to an individual who completes any other requirements established by the examining board by rule and to an individual licensed in another state or territory or another country if the applicant meets the requirements for licensure established by the examining board by rule. [ss. 447.04 (1) (a) 6. and 447.04 (1) (b) 1., Stats.] The examining board shall grant a license to practice dentistry to an individual who completes any other requirements established by the examining board by rule and to an individual licensed in another state or territory or another country if the applicant meets the requirements for licensure established by the examining board by rule. [ss. 447.04 (2) (a) 6. and 447.04 (2) (b) 1., Stats.] Related statute or rule:
N/A
Plain language analysis:
Section 1 repeals the definitions for “active practice of dental hygiene”, “active practice of dentistry” and “clinical and laboratory demonstration” due to those phrases are no longer being used in the code chapters.
Section 2 creates the criteria for approving dental testing services and dental hygiene testing service. The testing service must include testing clinical knowledge and a practical component which uses either live human patients or simulated patients.
Section 3 amends the provision to statutes and rules relating to dentistry rather than listing the statutory and code references in order to eliminate the need to update each time the chapter numbers change. The name of the entity which provides verification of the national test scores is updated. It amends the requirement to a board-approved testing service recognizing that there are several testing services. The term “clinical and laboratory demonstrations” is repealed as the phrase is outdated. It also states the exam must be taken within 1 year preceding application to create consistency. It also removes the limitation on the number of times a test can be taken.
Sections 4, 5 and 10 update the requirements to include the statutory requirement to provide proof of current cardiopulmonary resuscitation (CPR) training.
Section 6 updates the name of the entity which provides verification of the national test scores. It amends the requirement to a board-approved testing service recognizing that there are several testing services. The term “clinical and laboratory demonstrations” is repealed as the phrase is outdated. It also states the exam must be taken within 1 year preceding application to create consistency.
