LRB-3743/1

MED:amn

2021 - 2022 LEGISLATURE

2021 Assembly BILL 402

June 17, 2021 - Introduced by Representatives Plumer, Cabral-Guevara, Billings, Brooks, Baldeh, Doyle, Duchow, Gundrum, Kurtz, Loudenbeck, Moses, Murphy, Mursau, Neylon, Novak, Rozar, Shelton, Sortwell, Steffen, Subeck, Summerfield, Tauchen, Thiesfeldt, Tittl and VanderMeer, cosponsored by Senators Felzkowski, Ballweg, Bernier, Cowles, Feyen, Jacque, Nass, Ringhand, L. Taylor and Wirch. Referred to Committee on Health.

AB402,1,8 An Act to renumber and amend 447.05; to amend 440.08 (2) (a) (intro.), 447.04 (title), 447.07 (3) (intro.), 447.07 (3) (e), 447.07 (3) (f), 447.07 (3) (g), 447.07 (3) (h), 448.03 (2) (a), 448.21 (1) (a), 450.03 (1) (e) and 462.02 (2) (d); and to create 440.03 (13) (b) 28m., 447.035, 447.04 (3) and 447.05 (1) (b) of the statutes; relating to: certification of expanded function dental auxiliaries, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill establishes a certification program for expanded function dental auxiliaries administered by the Dentistry Examining Board. Under the bill, a person who is not licensed as a dentist or as a dental hygienist may perform the following activities, as delegated and supervised by a licensed dentist, if the person is certified by the examining board as an expanded function dental auxiliary: 1) placing and finishing restoration material after a dentist prepares a tooth for restoration; 2) applying sealants; 3) coronal polishing; 4) impressions; 5) temporizations; 6) packing cord; 7) removing cement from crowns; 8) adjusting dentures and other removable oral appliances; 9) removing sutures and dressings; 10) supragingival scaling; and 11) applying topical fluoride, fluoride varnish, or similar dental topical agent. The bill authorizes the examining board to promulgate rules for the certification and practice of expanded function dental auxiliaries, but prohibits the examining board from promulgating rules that allow an expanded function dental auxiliary to cut hard or soft tissue, diagnose, or plan treatments.

The examining board may grant a permanent certification as an expanded function dental auxiliary to an applicant who, among other things, has practiced as a dental assistant for a certain period, completes an accredited instructional program, and is proficient in cardiopulmonary resuscitation. Under the bill, the examining board investigates, holds hearings, and makes findings pertaining to violations of the bill and other statutes enforced by the examining board, and the examining board may impose on violators the same penalties that apply under current law to dentists and dental hygienists.

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

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

AB402,1 Section 1. 440.03 (13) (b) 28m. of the statutes is created to read:

AB402,2,2 440.03 (13) (b) 28m. Expanded function dental auxiliary.

AB402,2 Section 2 . 440.08 (2) (a) (intro.) of the statutes is amended to read:

AB402,2,7 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows:

AB402,3 Section 3 . 447.035 of the statutes is created to read:

AB402,2,10 447.035 Certification; expanded function dental auxiliaries. (1) In this section, “auxiliary" means an expanded function dental auxiliary.