Date of enactment:
2023 Senate Bill 689 Date of publication*:
2023 WISCONSIN ACT
AN ACT to amend 15.405 (6) (b), 36.61 (1) (b), 36.61 (3) (a), 36.61 (5) (b) 1., 36.61 (8) (c) 3., 146.81 (1) (c), 146.89
(1) (r) 1., 146.89 (1) (r) 5., 146.89 (3) (b) 8., 146.89 (3m) (intro.), 146.997 (1) (d) 3., 155.01 (7), 252.14 (1) (ar) 3.,
257.01 (5) (a), 257.01 (5) (b), 440.094 (1) (c) 3., 447.02 (1) (a), 447.02 (1) (b), 447.02 (2) (a), 447.02 (3) (a) (intro.),
447.02 (3) (a) 2., 447.02 (3) (b), 447.02 (5), 447.03 (3) (c), 447.06 (1), 447.06 (2) (a) 3., 447.06 (2) (b), 447.06 (2)
(c) (intro.), 447.06 (2) (c) 2. (intro.), 447.063, 447.065, 447.07 (1), 447.07 (3) (intro.), 447.07 (3) (e) to (h), 447.40
(intro.), 447.40 (6), 448.03 (2) (a), 448.975 (2) (c) 1., 450.03 (1) (e), 450.10 (3) (a) 4., 462.02 (2) (d), 462.04, 463.10
(5), 463.12 (5), 632.87 (4), 895.48 (1m) (a) (intro.), 895.48 (1m) (a) 2. and 941.315 (5); and to create 36.61 (1) (ak),
440.03 (13) (b) 20m., 440.08 (2) (a) 25m., 447.01 (6g), 447.01 (6r), 447.02 (1) (g), 447.02 (3) (a) 3., 447.02 (6),
447.03 (1m), 447.03 (3) (am), 447.04 (1m), 447.05 (2m), 447.057, 447.06 (1m), 447.06 (3) and 447.07 (6) of the
statutes; relating to: licensure of dental therapists; extending the time limit for emergency rule procedures; providing
an exemption from emergency rule procedures; providing an exemption from rule−making procedures; and granting
rule−making authority.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 15.405 (6) (b) of the statutes is amended
to read:
15.405 (6) (b) Three dental hygienists who are
licensed under ch. 447. The governor shall, to the extent
possible, appoint members under this paragraph so that
at least one of the members under this paragraph is an
individual who is also a dental therapist licensed under
ch. 447. Notwithstanding s. 15.08 (1m) (a), the dental
hygienist members under this paragraph may participate
in the preparation and grading of licensing examinations
for dental hygienists.
SECTION 2. 36.61 (1) (ak) of the statutes is created to
read:
36.61 (1) (ak) “Dental therapist” means an individual
licensed under s. 447.04 (1m).
SECTION 3. 36.61 (1) (b) of the statutes is amended
to read:
36.61 (1) (b) “Health care provider” means a dental
therapist, dental hygienist, physician assistant, nurse−
midwife, or nurse practitioner.
SECTION 4. 36.61 (3) (a) of the statutes is amended
to read:
36.61 (3) (a) The board shall enter into a written
agreement with the health care provider. In the agree-
ment, the health care provider shall agree to practice at
least 32 clinic hours per week for 3 years in one or more
eligible practice areas in this state or in a rural area,
except that a health care provider in the expanded loan
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 689
assistance program under sub. (8) who is not a dental
therapist or dental hygienist may only agree to practice at
a public or private nonprofit entity in a health profes-
sional shortage area.
SECTION 5. 36.61 (5) (b) 1. of the statutes is amended
to read:
36.61 (5) (b) 1. The degree to which there is an
extremely high need for medical care in the eligible prac-
tice area, health professional shortage area, or rural area
in which an eligible applicant who is not a dental therapist
or dental hygienist desires to practice and the degree to
which there is an extremely high need for dental care in
the dental health shortage area or rural area in which an
eligible applicant who is a dental therapist or dental
hygienist desires to practice.
SECTION 6. 36.61 (8) (c) 3. of the statutes is amended
to read:
36.61 (8) (c) 3. Practice at a public or private non-
profit entity in a health professional shortage area, if the
health care provider is not a dental therapist or dental
hygienist, or in a dental health shortage area, if the health
care provider is a dental therapist or dental hygienist.
SECTION 7. 146.81 (1) (c) of the statutes is amended
to read:
146.81 (1) (c) A dentist or dental therapist licensed
under ch. 447.
SECTION 8. 146.89 (1) (r) 1. of the statutes is amended
to read:
146.89 (1) (r) 1. Licensed as a physician under ch.
448, naturopathic doctor under ch. 466, a dentist, dental
therapist, or dental hygienist under ch. 447, a registered
nurse, practical nurse, or nurse−midwife under ch. 441,
an optometrist under ch. 449, a physician assistant under
subch. IX of ch. 448, a pharmacist under ch. 450, a chiro-
practor under ch. 446, a podiatrist under subch. IV of ch.
448, or a physical therapist under subch. III of ch. 448.
SECTION 9. 146.89 (1) (r) 5. of the statutes is amended
to read:
146.89 (1) (r) 5. An individual who holds a valid,
unexpired license, certification, or registration issued by
another state or territory that authorizes or qualifies the
individual to perform acts that are substantially the same
as those acts that an individual who is described in subds.
1. to 4., except a dentist, dental therapist, or dental
hygienist, is licensed or certified to perform and who per-
forms acts that are within the scope of that license, certifi-
cation, or registration.
SECTION 10. 146.89 (3) (b) 8. of the statutes is
amended to read:
146.89 (3) (b) 8. Dental services, including tooth
extractions and other procedures done under local anes-
thesia only and any necessary suturing related to the
extractions, performed by a dentist or dental therapist
who is a volunteer health provider; and dental hygiene
services, performed by a dental hygienist who is a volun-
teer health provider.
SECTION 11. 146.89 (3m) (intro.) of the statutes is
amended to read:
146.89 (3m) (intro.) A volunteer health care provider
who is a dentist or dental therapist may provide dental
services or a volunteer health care provider who is a den-
tal hygienist may provide dental hygiene services, to per-
sons who are recipients of Medical Assistance, if all of
the following apply:
SECTION 12. 146.997 (1) (d) 3. of the statutes is
amended to read:
146.997 (1) (d) 3. A dentist or dental therapist
licensed under ch. 447.
SECTION 13. 155.01 (7) of the statutes, as affected by
2021 Wisconsin Act 251, is amended to read:
155.01 (7) “Health care provider” means a nurse
licensed or permitted under ch. 441, a chiropractor
licensed under ch. 446, a dentist or dental therapist
licensed under ch. 447, a physician, physician assistant,
perfusionist, podiatrist, physical therapist, physical ther-
apist assistant, occupational therapist, occupational ther-
apy assistant, or genetic counselor licensed under ch.
448, a naturopathic doctor licensed under ch. 466, a per-
son practicing Christian Science treatment, an
optometrist licensed under ch. 449, a psychologist who
is licensed under ch. 455, who is exercising the tempo-
rary authorization to practice, as defined in s. 455.50 (2)
(o), in this state, or who is practicing under the authority
to practice interjurisdictional telepsychology, as defined
in s. 455.50 (2) (b), a physical therapist or physical thera-
pist assistant who holds a compact privilege under subch.
XI of ch. 448, an occupational therapist or occupational
therapy assistant who holds a compact privilege under
subch. XII of ch. 448, a partnership thereof, a corporation
or limited liability company thereof that provides health
care services, a cooperative health care association orga-
nized under s. 185.981 that directly provides services
through salaried employees in its own facility, or a home
health agency, as defined in s. 50.49 (1) (a).
SECTION 14. 252.14 (1) (ar) 3. of the statutes is
amended to read:
252.14 (1) (ar) 3. A dentist or dental therapist
licensed under ch. 447.
SECTION 15. 257.01 (5) (a) of the statutes is amended
to read:
257.01 (5) (a) An individual who is licensed as a
physician, a physician assistant, or a podiatrist under ch.
448, licensed as a naturopathic doctor under ch. 466,
licensed as a registered nurse, licensed practical nurse, or
nurse−midwife under ch. 441, licensed as a dentist or
dental therapist under ch. 447, licensed as a pharmacist
under ch. 450, licensed as a veterinarian or certified as a
veterinary technician under ch. 89, or certified as a respi-
ratory care practitioner under ch. 448.
SECTION 16. 257.01 (5) (b) of the statutes is amended
to read: − 3 − 2023 Wisconsin Act 2023 Senate Bill 689
257.01 (5) (b) An individual who was at any time
within the previous 10 years, but is not currently, licensed
as a physician, a physician assistant, or a podiatrist under
ch. 448, licensed as a naturopathic doctor under ch. 466,
licensed as a registered nurse, licensed practical nurse or
nurse−midwife, under ch. 441, licensed as a dentist or
dental therapist under ch. 447, licensed as a pharmacist
under ch. 450, licensed as a veterinarian or certified as a
veterinary technician under ch. 89, or certified as a respi-
ratory care practitioner under ch. 448, if the individual’s
license or certification was never revoked, limited, sus-
pended, or denied renewal.
SECTION 17. 440.03 (13) (b) 20m. of the statutes is
created to read:
440.03 (13) (b) 20m. Dental therapist.
SECTION 18. 440.08 (2) (a) 25m. of the statutes is cre-
ated to read:
440.08 (2) (a) 25m. Dental therapist: October 1 of
each odd−numbered year.
SECTION 19. 440.094 (1) (c) 3. of the statutes is
amended to read:
440.094 (1) (c) 3. A dentist or dental therapist
licensed under ch. 447.
SECTION 20. 447.01 (6g) of the statutes is created to
read:
447.01 (6g) “Dental therapist” means an individual
who practices dental therapy.
SECTION 21. 447.01 (6r) of the statutes is created to
read:
447.01 (6r) “Dental therapy” means the limited prac-
tice of dentistry, consisting of the services, treatments,
and procedures specified in s. 447.06 (3) (b).
SECTION 22. 447.02 (1) (a) of the statutes is amended
to read:
447.02 (1) (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.
SECTION 23. 447.02 (1) (b) of the statutes is amended
to read:
447.02 (1) (b) Governing the standards and condi-
tions for the use of radiation and ionizing equipment in
the practice of dentistry or dental therapy.
SECTION 24. 447.02 (1) (g) of the statutes is created
to read:
447.02 (1) (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.
SECTION 25. 447.02 (2) (a) of the statutes is amended
to read:
447.02 (2) (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.
SECTION 26. 447.02 (3) (a) (intro.) of the statutes is
amended to read:
447.02 (3) (a) (intro.) The examining board may
issue a permit authorizing the practice in this state, with-
out compensation, of dentistry, dental therapy, or dental
hygiene to an applicant who is licensed to practice den-
tistry, dental therapy, or dental hygiene in another state,
if all of the following apply:
SECTION 27. 447.02 (3) (a) 2. of the statutes is
amended to read:
447.02 (3) (a) 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 den-
tistry, dental therapy, or dental hygiene.
SECTION 28. 447.02 (3) (a) 3. of the statutes is created
to read:
447.02 (3) (a) 3. If the applicant is applying for a per-
mit to practice dental therapy, the applicant graduated
from a dental therapy education program approved under
s. 447.04 (1m) (c) 1. to 3.
SECTION 29. 447.02 (3) (b) of the statutes is amended
to read:
447.02 (3) (b) A permit under this subsection shall
authorize the practice of dentistry, dental therapy, or den-
tal 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.
SECTION 30. 447.02 (5) of the statutes is amended to
read:
447.02 (5) Except as provided in ss. 447.058 and
447.063, nothing in this chapter 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 den-
tal hygiene, provided to a business that provides dental or
dental hygiene services.
SECTION 31. 447.02 (6) of the statutes is created to
read:
447.02 (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 the first
day of the 6th year beginning after the effective date of
this subsection .... [LRB inserts date].
SECTION 32. 447.03 (1m) of the statutes is created to
read:
447.03 (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 den-
tal therapy under this chapter: − 4 −2023 Wisconsin Act 2023 Senate Bill 689
(a) Practice or offer to practice dental therapy.
(b) Represent himself or herself to the public as a
dental therapist or use, in connection with his or her
name, any title or description that may convey the
impression that he or she is a dental therapist.
SECTION 33. 447.03 (3) (am) of the statutes is created
to read:
447.03 (3) (am) A dental therapy student who prac-
tices dental therapy under the supervision of a dentist in
an infirmary, clinic, hospital, or other institution con-
nected or associated for training purposes with a dental
therapy school accredited by the American Dental Asso-
ciation commission on dental accreditation or its succes-
sor agency.
SECTION 34. 447.03 (3) (c) of the statutes is amended
to read:
447.03 (3) (c) An individual licensed to practice den-
tistry, dental therapy, or dental hygiene in another state or
country who practices dentistry, dental therapy, or dental
hygiene in a program of dental education or research at
the invitation of a group of dentists or practices dentistry,
dental therapy, or dental hygiene under the jurisdiction of
the army, navy, air force, U.S. public health service, or
veterans bureau.
SECTION 35. 447.04 (1m) of the statutes is created to
read:
447.04 (1m) DENTAL THERAPISTS. The examining
board shall grant a license to practice dental therapy to an
individual who does all of the following:
(a) Submits an application for the license to the
department on a form provided by the department.
(b) Pays the fee specified in s. 440.05 (1).
(c) Submits evidence satisfactory to the examining
board that he or she has done one of the following:
1. Graduated from an accredited dental therapy edu-
cation program.
2. Graduated from a dental therapy education pro-
gram that was not accredited at the time of graduation,
but that satisfies all of the following:
a. The program was approved by the Minnesota
Board of Dentistry on or before the effective date of this
subd. 2. a. .... [LRB inserts date].
b. The program was accredited as of the date the indi-
vidual applies for a license under this subsection.
3. Graduated from a dental therapy education pro-
gram located in this state that, at the time of graduation,
was not fully accredited but had received initial accredi-
tation. This subdivision applies to a dental therapy edu-
cation program only during the 4−year period beginning
after the program’s inception. After that 4−year period
has elapsed, an individual may not qualify for a license
under this subsection on the basis of graduation from that
program unless the program has subsequently become
accredited as described in subd. 1. The examining board
shall maintain a register of individuals granted a license
on the basis of graduation from a program described in
this subdivision.
(d) Submits evidence satisfactory to the examining
board that he or she has passed a national board dental
therapy examination and a dental therapy clinical exami-
nation administered by a regional testing service that has
been approved by the examining board to administer
clinical examinations for dental professionals. If a
national board examination or a regional testing service
examination for dental therapy does not exist, the exam-
ining board shall accept evidence of passing an alterna-
tive examination administered by another entity or test-
ing service that is approved by the examining board.
(e) Passes an examination administered by the exam-
ining board on the statutes and rules relating to dental
therapy.
(f) Submits evidence satisfactory to the examining
board that he or she has current proficiency in cardiopul-
monary resuscitation, including the use of an automated
external defibrillator achieved through instruction pro-
vided by an individual, organization, or institution of
higher education approved under s. 46.03 (38) to provide
such instruction.
(g) If the individual was licensed or is currently
licensed in another state or territory of the United States
or in another country, the individual submits information
related to his or her licensure in other jurisdictions as
required by the examining board.
(h) Completes any other requirements established by
the examining board by rule that are comparable to and
no more restrictive than the requirements established by
the board for dentists under sub. (1) (a) 6. and dental
hygienists under sub. (2) (a) 6.
SECTION 36. 447.05 (2m) of the statutes is created to
read:
447.05 (2m) The examining board may not renew a
license to practice dental therapy unless the applicant for
renewal attests that he or she has complied with s.
447.057 and any rules promulgated under s. 447.057, that
he or she has current proficiency in cardiopulmonary
resuscitation, and that he or she has current proficiency
in the use of an automated external defibrillator achieved
through instruction provided by an individual, organiza-
tion, or institution of higher education approved under s.
46.03 (38) to provide such instruction.
SECTION 37. 447.057 of the statutes is created to read:
447.057 Continuing education; dental therapists.
(1) (a) Except as provided in subs. (3) and (4), a person
is not eligible for renewal of a license to practice dental
therapy, other than a permit issued under s. 447.02 (3),
unless the person has taught, prepared, attended, or other-
wise completed, during the 2−year period immediately
preceding the renewal date specified under s. 440.08 (2)
(a), 12 credit hours of continuing education relating to the
clinical practice of dental therapy that is sponsored or − 5 − 2023 Wisconsin Act 2023 Senate Bill 689
recognized by a local, state, regional, national, or interna-
tional dental, dental therapy, dental hygiene, dental
assisting, or medical−related professional organization.
(b) Continuing education required under par. (a) may
include training in all of the following:
1. Basic life support or cardiopulmonary resuscita-
tion. Not more than 2 of the credit hours required under
par. (a) may be satisfied by such training.
2. Infection control. Not less than 2 of the credit
hours required under par. (a) must be satisfied by such
training.
(c) After consultation with the department of health
services, the examining board may promulgate rules
requiring that continuing education credit hours under
par. (a) include courses in specific clinical subjects.
(2) The credit hours required under sub. (1) (a) may
be satisfied by independent study, correspondence, or
Internet programs or courses.
(3) Subsection (1) (a) does not apply to an applicant
for renewal of a license that expires on the first renewal
date after the date on which the examining board initially
granted the license.
(4) A person may substitute credit hours of college
level courses related to the practice of dental therapy for
the credit hours required under sub. (1) (a). For purposes
of this subsection, one credit hour of a college level
course is equivalent to 6 credit hours of continuing edu-
cation.
(5) For purposes of sub. (1) (a), one hour of teaching
or preparing a continuing education program is equiva-
lent to one credit hour of continuing education, but a per-
son who teaches or prepares a continuing education pro-
gram may obtain credit for the program only once.
(6) The examining board may require applicants for
renewal of a license to practice dental therapy to submit
proof of compliance with the requirements of this sec-
tion.
SECTION 38. 447.06 (1) of the statutes is amended to
read:
447.06 (1) No contract of employment entered into
between a dentist or dental therapist and any other party
under which the dentist or dental therapist renders dental
services may require the dentist or dental therapist to act
in a manner which that violates the professional stan-
dards for dentistry or dental therapy set forth in this chap-
ter. Nothing in this subsection limits the ability of the
other party to control the operation of the dental practice
in a manner in accordance with the professional stan-
dards for dentistry or dental therapy set forth in this chap-
ter.
SECTION 39. 447.06 (1m) of the statutes is created to
read:
447.06 (1m) No contract of employment entered into
between a dental therapist and any other party under
which the dental therapist is employed to practice dental
therapy may require a dental therapist to meet a minimum
quota for the number of patients seen or the number of
procedures performed.
SECTION 40. 447.06 (2) (a) 3. of the statutes is
amended to read:
447.06 (2) (a) 3. For a school for the education of den-
tists, dental therapists, or dental hygienists.
SECTION 41. 447.06 (2) (b) of the statutes is amended
to read:
447.06 (2) (b) A dental hygienist may practice dental
hygiene or perform remediable procedures under par. (a)
1. only as authorized by a dentist or dental therapist who
is licensed to practice dentistry or dental therapy under
this chapter and who is present in the facility in which
those practices or procedures are performed, except as
provided in par. (c).
SECTION 42. 447.06 (2) (c) (intro.) of the statutes is
amended to read:
447.06 (2) (c) (intro.) A dental hygienist may prac-
tice dental hygiene or perform remediable procedures
under par. (a) 1. if a dentist or dental therapist who is
licensed to practice dentistry or dental therapy under this
chapter is not present in the facility in which those prac-
tices or procedures are performed only if all of the follow-
ing conditions are met:
SECTION 43. 447.06 (2) (c) 2. (intro.) of the statutes
is amended to read:
447.06 (2) (c) 2. (intro.) The dentist or dental thera-
pist who made the written or oral prescription has exam-
ined the patient at least once during the 12−month period
immediately preceding:
SECTION 44. 447.06 (3) of the statutes is created to
read:
447.06 (3) (a) In this subsection:
1. “Collaborative management agreement” means an
agreement under par. (d).
2. “Dental health shortage area” has the meaning
given in s. 36.60 (1) (ad).
3. “Direct supervision” means that the dentist is
present in the dental office or other practice setting, per-
sonally diagnoses the condition to be treated, personally
authorizes each procedure, and before dismissal of the
patient, evaluates the performance of the allied dental
personnel.
4. “General supervision” means that the dentist is not
present in the dental office or other practice setting or on
the premises at the time tasks or procedures are being per-
formed by the dental therapist, but that the tasks or proce-
dures performed by the dental therapist are being per-
formed with the prior knowledge and consent of the
dentist.
5. “Indirect supervision” means that the dentist is
present in the dental office or other practice setting,
authorizes each procedure, and remains in the office
while the procedures are being performed by the allied
dental personnel. − 6 −2023 Wisconsin Act 2023 Senate Bill 689
6. “Medical Assistance patient” means a patient who
is a recipient of services under the Medical Assistance
program under subch. IV of ch. 49.
7. “Qualifying dentist” means a dentist who is
licensed in this state, who is actively practicing in this
state, and who satisfies the requirement under par. (dr).
8. “Uninsured patient” means a patient who lacks
dental health coverage, either through a public health
care program or private insurance, and has an annual
gross family income equal to or less than 200 percent of
the federal poverty guidelines.
(b) The scope of practice of a dental therapist shall,
subject to the terms of a collaborative management
agreement, be limited to providing the following ser-
vices, treatments, and procedures:
1. Oral evaluation and assessment of dental disease
and formulation of an individualized treatment plan.
2. Identification of oral and systemic conditions
requiring evaluation or treatment by dentists, physicians,
or other health care providers and managing referrals.
3. Comprehensive charting of the oral cavity.
4. Oral health instruction and disease prevention edu-
cation, including nutritional counseling and dietary anal-
ysis.
5. Exposure and evaluation of radiographic images.
6. Dental prophylaxis, including subgingival scaling
and polishing procedures.
7. Dispensing and administration via the oral or topi-
cal route of nonnarcotic analgesic, anti−inflammatory,
and antibiotic medications as prescribed by a licensed
health care provider.
8. Application of topical preventive or prophylactic
agents, including fluoride varnish, antimicrobial agents,
caries arresting medicaments, and pit and fissure
sealants.
9. Pulp vitality testing.
10. Application of desensitizing medications or
resins.
11. Fabrication of athletic mouth guards and soft
occlusal guards.
12. Changing of periodontal dressings.
13. Administration of local anesthetic and nitrous
oxide.
14. Simple extraction of erupted primary teeth.
15. Nonsurgical extraction of periodontally diseased
permanent teeth with tooth mobility of +3 to +4 to the
extent authorized in the dental therapist’s collaborative
management agreement, except for the extraction of a
tooth that is unerupted, impacted, or fractured or that
needs to be sectioned for removal.
16. Emergency palliative treatment of dental pain
limited to the procedures in this paragraph.
17. Preparation and placement of direct restoration in
primary and permanent teeth.
18. Fabrication and placement of single−tooth tem-
porary crowns.
19. Preparation and placement of preformed crowns
on primary teeth.
20. Indirect and direct pulp capping on permanent
teeth.
21. Indirect pulp capping on primary teeth.
22. Intraoral suture placement and removal.
23. Minor adjustment and repair of removable pros-
theses.
24. Placement and removal of space maintainers.
25. Pulpotomy on primary teeth.
26. Tooth reimplantation and stabilization.
27. Recementing of a permanent crown.
28. Any additional services, treatments, or proce-
dures specified in the rules promulgated under s. 447.02
(1) (g).
(bm) 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.
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 pro-
vide that service, treatment, or procedure if the dental
therapist has subsequently received additional dental
therapy educational training to provide that service, treat-
ment, or procedure.
(c) 1. Except as provided in subd. 2., a dental thera-
pist licensed under this chapter may provide dental ther-
apy 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 man-
agement agreement.
2. a. Once a dental therapist licensed under this chap-
ter 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.
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.
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 agree-
ment under par. (d) 1. b.
4. A supervising dentist shall accept responsibility
for all services performed by a dental therapist pursuant
to a collaborative management agreement. If services − 7 − 2023 Wisconsin Act 2023 Senate Bill 689
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.
(d) 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:
a. The practice settings where services may be pro-
vided and the patient populations that may be served.
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.
c. Age−specific and procedure−specific practice pro-
tocols.
d. Dental record−keeping procedures.
e. Plans for managing dental or medical emergencies.
f. A quality assurance plan for monitoring care pro-
vided by the dental therapist.
g. Protocols for administering and dispensing medi-
cations.
h. Criteria or protocols relating to the provision of
care to patients with specific medical conditions, treat-
ments, or medications.
i. Policies relating to supervision of dental hygienists
and other staff.
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 den-
tal therapist.
k. Whether and to what extent the dental therapist
may perform services described in par. (b) 15.
2. a. A collaborative management agreement shall be
limited to covering one qualifying dentist and one dental
therapist.
b. A dental therapist may enter into multiple collabo-
rative management agreements.
c. No dentist may have collaborative management
agreements with more than 4 dental therapists at any
time.
(dm) A dental therapist may, subject to par. (e), pro-
vide dental therapy services only as an employee of one
or more of the following that satisfies par. (dr):
1. A dentist with whom the dental therapist has
entered into a collaborative management agreement.
2. A dental practice.
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).
4. The operator of a school for the education of den-
tists or dental hygienists.
5. A state or federal prison, a county jail, or other fed-
eral, state, county, or municipal correctional or detention
facility, or a facility established to provide care for termi-
nally ill patients.
6. A local health department, as defined in s. 250.01
(4).
7. A charitable institution open to the general public
or to members of a religious sect or order.
8. A nonprofit home health care agency.
9. The operator of a nonprofit dental care program
serving primarily indigent, economically disadvantaged,
or migrant worker populations.
10. A health care employer, as defined in s. 440.094
(1) (b).
(dr) A dentist may not enter into a collaborative man-
agement 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.
(e) A dental therapist shall at all times comply with
at least one of the following:
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 sub-
division as long as the dental therapist continues to prac-
tice in that area.
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:
a. Medical Assistance patients.
b. Uninsured patients.
c. Patients receiving dental care at free and charitable
clinics.
d. Patients receiving dental care at federally qualified
health centers.
e. Patients who reside in long−term care facilities.
f. Veterans.
g. Patients who are members of a federally recog-
nized Indian tribe or band.
h. Patients receiving dental care at clinics or facilities
located on tribal lands.
i. Patients with medical disabilities or chronic condi-
tions that create barriers of access to dental care.
SECTION 45. 447.063 of the statutes is amended to
read:
447.063 Preservation and transfer of patient
health care records. (1) A person who manages or con-
trols a business that offers dental, dental therapy, or den-
tal hygiene services, including management or control of
a business through which the person allows another per- − 8 −2023 Wisconsin Act 2023 Senate Bill 689
son to offer dental, dental therapy, or dental hygiene ser-
vices, 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.
(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.
SECTION 46. 447.065 of the statutes is amended to
read:
447.065 Delegation of remediable procedures and
dental practices. (1) A dentist or dental therapist who
is licensed to practice dentistry under this chapter may
delegate to an individual who is not licensed under this
chapter only the performance of remediable procedures,
and only if all of the following conditions are met:
(a) The unlicensed individual performs the remedia-
ble procedures in accordance with a treatment plan
approved by the dentist or dental therapist.
(b) The dentist or dental therapist is on the premises
when the unlicensed individual performs the remediable
procedures.
(c) The unlicensed individual’s performance of the
remediable procedures is subject to inspection by the
dentist or dental therapist.
(2) Subject to the requirements under s. 447.06 (2),
a dentist or dental therapist who is licensed to practice
dentistry under this chapter may delegate to a dental
hygienist who is licensed to practice dental hygiene
under this chapter the performance of remediable proce-
dures and the administration of oral systemic premedica-
tions, local anesthesia, nitrous oxide inhalation analge-
sia, and subgingival sustained release chemotherapeutic
agents, to the extent the dentist or dental therapist has the
authority to perform the activity personally.
(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.
SECTION 47. 447.07 (1) of the statutes is amended to
read:
447.07 (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 pro-
gram registrant, who fails, within 60 days after the mail-
ing 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.
SECTION 48. 447.07 (3) (intro.) of the statutes is
amended to read:
447.07 (3) (intro.) 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 per-
son 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 com-
plaint in writing, reprimand any dentist, dental therapist,
dental hygienist, or expanded function dental auxiliary
who is licensed or certified under this chapter, or any
mobile dentistry program registrant, or deny, limit, sus-
pend, or revoke his or her license or certificate, or the reg-
istration 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:
SECTION 49. 447.07 (3) (e) to (h) of the statutes are
amended to read:
447.07 (3) (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.
(f) Violated this chapter or any federal or state statute
or rule that relates to the practice of dentistry, dental ther-
apy, dental hygiene, or an expanded function dental aux-
iliary, or the operation of a mobile dentistry program.
(g) Subject to ss. 111.321, 111.322 and 111.34, prac-
ticed dentistry, dental therapy, or dental hygiene or as an
expanded function dental auxiliary while his or her abil-
ity was impaired by alcohol or other drugs.
(h) Engaged in conduct that indicates a lack of
knowledge of, an inability to apply or the negligent appli-
cation of, principles or skills of dentistry, dental therapy,
or dental hygiene or the practice of an expanded function
dental auxiliary.
SECTION 50. 447.07 (6) of the statutes is created to
read:
447.07 (6) The examining board shall immediately
revoke the license to practice dental therapy granted
under s. 447.04 (1m) of an individual who qualified for
the license on the basis of graduation from a dental ther-
apy education program described in s. 447.04 (1m) (c) 3.
if, upon the conclusion of the 4−year period described in
s. 447.04 (1m) (c) 3., the program is not accredited as
described in s. 447.04 (1m) (c) 1. If the program subse-
quently becomes accredited, the examining board may
allow reinstatement of a revoked license described in this
subsection. − 9 − 2023 Wisconsin Act 2023 Senate Bill 689
SECTION 51. 447.40 (intro.) of the statutes is
amended to read:
447.40 Informed consent. (intro.) Any dentist or
dental therapist who treats a patient shall inform the
patient about the availability of reasonable alternate
modes of treatment and about the benefits and risks of
these treatments. The reasonable dentist standard is the
standard for informing a patient under this section. The
reasonable dentist standard requires disclosure only of
information that a reasonable dentist would know and
disclose under the circumstances. The dentist’s or dental
therapist’s duty to inform the patient under this section
does not require disclosure of any of the following:
SECTION 52. 447.40 (6) of the statutes is amended to
read:
447.40 (6) Information about alternate modes of
treatment for any condition the dentist or dental therapist
has not included in his or her diagnosis, assessment, or
treatment plan at the time the dentist or dental therapist
informs the patient.
SECTION 53. 448.03 (2) (a) of the statutes is amended
to read:
448.03 (2) (a) Any person lawfully practicing within
the scope of a license, permit, registration, certificate, or
certification granted to practice midwifery under subch.
XIII of ch. 440, to practice professional or practical nurs-
ing or nurse−midwifery under ch. 441, to practice chiro-
practic under ch. 446, to practice dentistry, dental ther-
apy, or dental hygiene or as an expanded function dental
auxiliary under ch. 447, to practice optometry under ch.
449, to practice as a physician assistant under subch. IX,
to practice acupuncture under ch. 451 or under any other
statutory provision, to practice naturopathic medicine
under ch. 466, or as otherwise provided by statute.
SECTION 54. 448.975 (2) (c) 1. of the statutes is
amended to read:
448.975 (2) (c) 1. The practice of dentistry, dental
therapy, or dental hygiene within the meaning of ch. 447.
SECTION 55. 450.03 (1) (e) of the statutes is amended
to read:
450.03 (1) (e) Any person lawfully practicing within
the scope of a license, permit, registration, certificate, or
certification granted to practice as a pharmacy technician
under s. 450.068, to provide home medical oxygen under
s. 450.076, to practice professional or practical nursing or
nurse−midwifery under ch. 441, to practice dentistry,
dental therapy, or dental hygiene or as an expanded func-
tion dental auxiliary under ch. 447, to practice medicine
and surgery under ch. 448, to practice optometry under
ch. 449, to practice naturopathic medicine under ch. 466,
or to practice veterinary medicine under ch. 89, or as oth-
erwise provided by statute.
SECTION 56. 450.10 (3) (a) 4. of the statutes is
amended to read:
450.10 (3) (a) 4. A dentist or dental therapist licensed
under ch. 447.
SECTION 57. 462.02 (2) (d) of the statutes is amended
to read:
462.02 (2) (d) A dentist licensed under s. 447.04 (1),
a dental therapist licensed under s. 447.04 (1m), a dental
hygienist licensed under s. 447.04 (2), a person certified
as an expanded function dental auxiliary under s. 447.04
(3), or a person under the direct supervision of a dentist.
SECTION 58. 462.04 of the statutes, as affected by
2021 Wisconsin Act 251, is amended to read:
462.04 Prescription or order required. A person
who holds a license or limited X−ray machine operator
permit under this chapter may not use diagnostic X−ray
equipment on humans for diagnostic purposes unless
authorized to do so by prescription or order of a physician
licensed under s. 448.04 (1) (a), a naturopathic doctor
licensed under s. 466.04 (1), a dentist licensed under s.
447.04 (1), a dental therapist licensed under s. 447.04
(1m), a podiatrist licensed under s. 448.63, a chiropractor
licensed under s. 446.02, an advanced practice nurse cer-
tified under s. 441.16 (2), a physician assistant licensed
under s. 448.974, or, subject to s. 448.56 (7) (a), a physi-
cal therapist who is licensed under s. 448.53 or who holds
a compact privilege under subch. XI of ch. 448.
SECTION 59. 463.10 (5) of the statutes is amended to
read:
463.10 (5) EXCEPTION. Subsections (2) to (4m) do not
apply to a dentist who is licensed under s. 447.03 (1) or
to a , dental therapist, or physician who tattoos or offers
to tattoo a person in the course of the dentist’s, dental
therapist’s, or physician’s professional practice.
SECTION 60. 463.12 (5) of the statutes is amended to
read:
463.12 (5) EXCEPTION. Subsections (2) to (4m) do not
apply to a dentist who is licensed under s. 447.03 (1) or
to a , dental therapist, or physician who pierces the body
of or offers to pierce the body of a person in the course of
the dentist’s, dental therapist’s, or physician’s profes-
sional practice.
SECTION 61. 632.87 (4) of the statutes is amended to
read:
632.87 (4) No policy, plan or contract may exclude
coverage for diagnosis and treatment of a condition or
complaint by a licensed dentist or dental therapist within
the scope of the dentist’s or dental therapist’s license, if
the policy, plan or contract covers diagnosis and treat-
ment of the condition or complaint by another health care
provider, as defined in s. 146.81 (1) (a) to (p).
SECTION 62. 895.48 (1m) (a) (intro.) of the statutes
is amended to read:
895.48 (1m) (a) (intro.) Except as provided in par.
(b), any physician, naturopathic doctor, physician assist-
ant, podiatrist, or athletic trainer licensed under ch. 448,
chiropractor licensed under ch. 446, dentist or dental
therapist licensed under ch. 447, emergency medical ser-
vices practitioner licensed under s. 256.15, emergency
medical responder certified under s. 256.15 (8), regis- − 10 −2023 Wisconsin Act 2023 Senate Bill 689
tered nurse licensed under ch. 441, or a massage therapist
or bodywork therapist licensed under ch. 460 who ren-
ders voluntary health care to a participant in an athletic
event or contest sponsored by a nonprofit corporation, as
defined in s. 66.0129 (6) (b), a private school, as defined
in s. 115.001 (3r), a tribal school, as defined in s. 115.001
(15m), a public agency, as defined in s. 46.856 (1) (b), or
a school, as defined in s. 609.655 (1) (c), is immune from
civil liability for his or her acts or omissions in rendering
that care if all of the following conditions exist:
SECTION 63. 895.48 (1m) (a) 2. of the statutes is
amended to read:
895.48 (1m) (a) 2. The physician, naturopathic doc-
tor, podiatrist, athletic trainer, chiropractor, dentist, den-
tal therapist, emergency medical services practitioner, as
defined in s. 256.01 (5), emergency medical responder,
as defined in s. 256.01 (4p), physician assistant, regis-
tered nurse, massage therapist or bodywork therapist
does not receive compensation for the health care, other
than reimbursement for expenses.
SECTION 64. 941.315 (5) of the statutes is amended
to read:
941.315 (5) (a) Subsection (2) does not apply to a per-
son to whom nitrous oxide is administered for the pur-
pose of providing medical or dental care, if the nitrous
oxide is administered by a physician or, dentist, or dental
therapist or at the direction or under the supervision of a
physician or, dentist, or dental therapist.
(b) Subsection (3) does not apply to the administra-
tion of nitrous oxide by a physician or, dentist, or dental
therapist, or by another person at the direction or under
the supervision of a physician or, dentist, or dental thera-
pist, for the purpose of providing medical or dental care.
(c) Subsection (3) (c) does not apply to the sale to a
hospital, health care clinic or other health care organiza-
tion or to a physician or, dentist, or dental therapist of any
object used, designed for use or primarily intended for
use in administering nitrous oxide for the purpose of pro-
viding medical or dental care.
SECTION 65.0Nonstatutory provisions.
(1) The dentistry 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).
(2) (a) The dentistry examining board shall promul-
gate emergency rules under s. 227.24 that are necessary
to implement this act. Notwithstanding s. 227.24 (1) (c)
and (2), emergency rules promulgated under this para-
graph remain in effect for 2 years, or until the date on
which permanent rules take effect, whichever is sooner.
Notwithstanding s. 227.24 (1) (a) and (3), the board is not
required to provide evidence that promulgating a rule
under this paragraph as an emergency rule is necessary
for the preservation of the public peace, health, safety, or
welfare and is not required to provide a finding of emer-
gency for a rule promulgated under this paragraph.
(b) The dentistry examining board shall present a
statement of scope for permanent and emergency rules
required to implement this act to the department of
administration under s. 227.135 (2) no later than the 30th
day after the effective date of this paragraph. Notwith-
standing s. 227.135 (2), if the governor does not disap-
prove the statement of scope by the 30th day after the
statement is presented to the department of administra-
tion, the statement is considered to be approved by the
governor.
(c) The dentistry examining board shall submit a pro-
posed emergency rule required to implement this act to
the governor for approval under s. 227.24 (1) (e) 1g. no
later than the 150th day after the effective date of this
paragraph. Notwithstanding s. 227.24 (1) (e) 1g., if the
governor does not reject the proposed emergency rule by
the 14th day after the rule is submitted to the governor in
final draft form, the rule is considered to be approved by
the governor.
(d) The dentistry examining board shall submit a pro-
posed permanent rule required to implement this act to
the governor for approval under s. 227.185 no later than
the 365th day after the effective date of this paragraph.
Notwithstanding s. 227.185, if the governor does not
reject that proposed permanent rule by the 30th day after
the rule is submitted to the governor in final draft form,
the rule is considered to be approved by the governor.
SECTION 66.0Effective dates. This act takes effect on
the day after publication, except as follows:
(1) The treatment of s. 15.405 (6) (b) takes effect on
the date the notice under s. 447.02 (6) is published in the
Wisconsin Administrative Register or on the first day of
the 6th year beginning after publication, whichever
occurs first.