Date of enactment: January 31, 2024
2023 Senate Bill 692 Date of publication*: February 1, 2024
2023 WISCONSIN ACT 88
AN ACT to renumber and amend 440.03 (13) (c) 2.; to amend 15.405 (6) (a), 15.405 (6) (b), 36.60 (1) (ae), 45.40
(1g) (a), 77.54 (14) (f) 6., 146.81 (1) (c), 146.997 (1) (d) 3., 155.01 (7), 252.14 (1) (ar) 3., 440.03 (9) (a) (intro.), 440.03
(9) (a) 2., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (b), chapter 447 (title), 447.01 (intro.), 447.01 (8) (bm), 447.01
(13), 447.02 (1) (e), 447.02 (2) (c), 447.02 (2) (d), 447.02 (2) (e), 447.02 (2) (j), 447.02 (4), 447.02 (5), 447.03 (1)
(intro.), 447.03 (2) (intro.), 447.03 (3) (intro.), 447.06 (1), 447.06 (2) (b), 447.06 (2) (c) (intro.), 447.06 (2) (e) (intro.),
447.065 (1) (intro.), 447.065 (2), 447.07 (3) (intro.), 447.07 (3) (f), 447.07 (3) (j), 447.09, 447.10, 447.12 (1), 448.956
(4), 450.10 (3) (a) 4., 451.02 (1), 462.02 (2) (d), 462.04, 463.10 (5), 463.12 (5) and 895.48 (1m) (a) (intro.); and to
create 14.875, 440.03 (11m) (c) 1t., 440.03 (13) (c) 1. L., subchapter I (title) of chapter 447 [precedes 447.01], 447.01
(1t), 447.01 (1u), 447.04 (1) (bm), 447.04 (2) (bm), subchapter II of chapter 447 [precedes 447.50] and 990.01 (6m)
of the statutes; relating to: ratification of the Dentist and Dental Hygienist Compact.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 14.875 of the statutes is created to read:
14.875 Dentist and dental hygienist compact.
There is created a dentist and dental hygienist compact
commission as specified in s. 447.50. The commissioner
on the commission representing this state shall be
appointed by the dentistry examining board as provided
in s. 447.50 (7) (b) 1. and shall be an individual described
in s. 447.50 (7) (b) 2. The commission has the powers and
duties granted and imposed under s. 447.50.
SECTION 2. 15.405 (6) (a) of the statutes is amended
to read:
15.405 (6) (a) Six dentists who are licensed under
subch. I of ch. 447.
SECTION 3. 15.405 (6) (b) of the statutes is amended
to read:
15.405 (6) (b) Three dental hygienists who are
licensed under subch. I of ch. 447. Notwithstanding s.
15.08 (1m) (a), the dental hygienist members may partic-
ipate in the preparation and grading of licensing exami-
nations for dental hygienists.
SECTION 4. 36.60 (1) (ae) of the statutes is amended
to read:
36.60 (1) (ae) “Dentist” means a dentist, as defined
in s. 447.01 (7), who is licensed under subch. I of ch. 447
and who practices general or pediatric dentistry.
SECTION 5. 45.40 (1g) (a) of the statutes, as affected
by 2023 Wisconsin Act 56, is amended to read:
45.40 (1g) (a) “Health care provider” means an
advanced practice nurse prescriber who is certified under
s. 441.16 (2), an audiologist who is licensed under subch.
II of ch. 459 or who holds a compact privilege under
subch. III of ch. 459, a dentist who is licensed under
* 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 88 2023 Senate Bill 692
subch. I of ch. 447 or who holds a compact privilege
under subch. II of ch. 447, an optometrist who is licensed
under ch. 449, a physician who is licensed under s.
448.02, or a podiatrist who is licensed under s. 448.63.
SECTION 6. 77.54 (14) (f) 6. of the statutes is amended
to read:
77.54 (14) (f) 6. A dentist who is licensed under
subch. I of ch. 447 or who holds a compact privilege
under subch. II of ch. 447.
SECTION 7. 146.81 (1) (c) of the statutes is amended
to read:
146.81 (1) (c) A dentist who is licensed under ch. 447
or who holds a compact privilege under subch. II of ch.
447.
SECTION 8. 146.997 (1) (d) 3. of the statutes is
amended to read:
146.997 (1) (d) 3. A dentist who is licensed under ch.
447 or who holds a compact privilege under subch. II of
ch. 447.
SECTION 9. 155.01 (7) of the statutes, as affected by
2023 Wisconsin Act 81, 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 licensed under subch. I
of ch. 447, a physician, physician assistant, perfusionist,
podiatrist, physical therapist, physical therapist assistant,
occupational therapist, occupational therapy assistant, or
genetic counselor licensed under ch. 448, a naturopathic
doctor licensed under ch. 466, a person practicing Chris-
tian Science treatment, an optometrist licensed under ch.
449, a psychologist who is licensed under ch. 455, who
is exercising the temporary authorization to practice, as
defined in s. 455.50 (2) (o), in this state, or who is practic-
ing under the authority to practice interjurisdictional
telepsychology, as defined in s. 455.50 (2) (b), a dentist
who holds a compact privilege under subch. II of ch. 447,
a physical therapist or physical therapist 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 physician assistant who holds a compact privilege
under subch. XIII of ch. 448, a partnership thereof, a cor-
poration or limited liability company thereof that pro-
vides health care services, a cooperative health care asso-
ciation organized 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 10. 252.14 (1) (ar) 3. of the statutes is
amended to read:
252.14 (1) (ar) 3. A dentist who is licensed under
subch. I of ch. 447 or who holds a compact privilege
under subch. II of ch. 447.
SECTION 11. 440.03 (9) (a) (intro.) of the statutes, as
affected by 2023 Wisconsin Acts 55, 56 and 81, is
amended to read:
440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and
s. 458.33 (2) (b) and (5), the department shall, biennially,
determine each fee for an initial credential for which no
examination is required, for a reciprocal credential, and
for a credential renewal and any fees imposed under ss.
447.51 (2), 448.986 (2), 448.9875 (2), and 448.9885 (2),
and 457.51 (2), and 459.71 (2) by doing all of the follow-
ing:
SECTION 12. 440.03 (9) (a) 2. of the statutes, as
affected by 2023 Wisconsin Acts 55, 56 and 81, is
amended to read:
440.03 (9) (a) 2. Not later than January 31 of each
odd−numbered year, adjusting for the succeeding fiscal
biennium each fee for an initial credential for which an
examination is not required, for a reciprocal credential,
and, subject to s. 440.08 (2) (a), for a credential renewal,
and any fees imposed under ss. 447.51 (2), 448.986 (2),
448.9875 (2), and 448.9885 (2), and 457.51 (2), and
459.71 (2), if an adjustment is necessary to reflect the
approximate administrative and enforcement costs of the
department that are attributable to the regulation of the
particular occupation or business during the period in
which the initial or reciprocal credential, credential
renewal, or compact privilege is in effect and, for pur-
poses of each fee for a credential renewal, to reflect an
estimate of any additional moneys available for the
department’s general program operations as a result of
appropriation transfers that have been or are estimated to
be made under s. 20.165 (1) (i) during the fiscal biennium
in progress at the time of the deadline for an adjustment
under this subdivision or during the fiscal biennium
beginning on the July 1 immediately following the dead-
line for an adjustment under this subdivision.
SECTION 13. 440.03 (11m) (c) 1t. of the statutes is
created to read:
440.03 (11m) (c) 1t. The coordinated database and
reporting system under s. 447.50 (8), if such disclosure
is required under the dentist and dental hygienist compact
under s. 447.50.
SECTION 14. 440.03 (13) (b) (intro.) of the statutes,
as affected by 2023 Wisconsin Acts 55, 56 and 81, is
amended to read:
440.03 (13) (b) (intro.) The department may investi-
gate whether an applicant for or holder of any of the fol-
lowing credentials has been charged with or convicted of
a crime only pursuant to rules promulgated by the depart-
ment under this paragraph, including rules that establish
the criteria that the department will use to determine
whether an investigation under this paragraph is neces-
sary, except as provided in par. (c) and ss. 441.51 (5) (a)
5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5.,
455.50 (3) (e) 4. and (f) 4., and 457.50 (3) (b) 3. and (5)
(b) 2. a., and 459.70 (3) (b) 2.: − 3 − 2023 Wisconsin Act 88 2023 Senate Bill 692
SECTION 16. 440.03 (13) (c) 1. L. of the statutes is
created to read:
440.03 (13) (c) 1. L. An applicant for a dentist or den-
tal hygienist license or compact privilege under s. 447.04
when required pursuant to the dentist and dental hygien-
ist compact under s. 447.50.
SECTION 15. 440.03 (13) (c) 2. of the statutes, as
affected by 2023 Wisconsin Acts 55, 56 and 81, is
amended to read:
440.03 (13) (c) 2. The department of justice may sub-
mit the fingerprint cards, and the department of justice
shall submit the fingerprint cards of all applicants identi-
fied in subd. 1. c. to i. L., to the federal bureau of investi-
gation for the purpose of verifying the identity of the per-
sons fingerprinted and obtaining records of their criminal
arrests and convictions.
SECTION 17. 440.15 of the statutes, as affected by
2023 Wisconsin Acts 55, 56 and 81, is amended to read:
440.15 No fingerprinting. Except as provided
under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 447.50 (3) (a)
5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 450.071 (3) (c)
9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., and
457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 1.,
the department or a credentialing board may not require
that an applicant for a credential or a credential holder be
fingerprinted or submit fingerprints in connection with
the department’s or the credentialing board’s credential-
ing.
SECTION 18. 446.01 (1v) (b) of the statutes is
amended to read:
446.01 (1v) (b) Dentistry examining board under
subch. I of ch. 447. “Health care professional” also
includes an individual who holds a compact privilege
under subch. II of ch. 447.
SECTION 19. Chapter 447 (title) of the statutes is
amended to read:
CHAPTER 447
DENTISTRY EXAMINING BOARD
AND DENTAL HYGIENE
SECTION 20. Subchapter I (title) of chapter 447 [pre-
cedes 447.01] of the statutes is created to read:
CHAPTER 447
SUBCHAPTER I
REGULATION OF DENTISTRY
AND DENTAL HYGIENE
SECTION 21. 447.01 (intro.) of the statutes is
amended to read:
447.01 Definitions. (intro.) In this chapter sub-
chapter:
SECTION 22. 447.01 (1t) of the statutes is created to
read:
447.01 (1t) “Compact” means the dentist and dental
hygienist compact under s. 447.50.
SECTION 23. 447.01 (1u) of the statutes is created to
read:
447.01 (1u) “Compact privilege” means a compact
privilege, as defined in s. 447.50 (2) (g), that is granted
under the compact to an individual to practice in this
state.
SECTION 24. 447.01 (8) (bm) of the statutes is
amended to read:
447.01 (8) (bm) A dentist who is licensed under this
chapter subchapter or who is exercising the compact
privilege in this state may not perform dental services
that are outside the scope of the dentist’s relevant educa-
tion, training, and experience.
SECTION 25. 447.01 (13) of the statutes is amended
to read:
447.01 (13) “Written or oral prescription” means
specific written or oral authorization by a dentist who is
licensed to practice dentistry under this chapter to per-
form patient procedures according to a clearly defined
treatment plan developed by the dentist.
SECTION 26. 447.02 (1) (e) of the statutes is amended
to read:
447.02 (1) (e) Providing for the granting of tempo-
rary licenses under this chapter subchapter.
SECTION 27. 447.02 (2) (c) of the statutes is amended
to read:
447.02 (2) (c) Whether an individual is required to be
licensed under this chapter subchapter to remove plaque
or materia alba accretions with mechanical devices.
SECTION 28. 447.02 (2) (d) of the statutes is amended
to read:
447.02 (2) (d) 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.
SECTION 29. 447.02 (2) (e) of the statutes is amended
to read:
447.02 (2) (e) The educational requirements for
administration of local anesthesia by a dental hygienist
licensed under this chapter under s. 447.06 (2) (e) 2.
SECTION 30. 447.02 (2) (j) of the statutes is amended
to read:
447.02 (2) (j) The educational requirements for a
dental hygienist licensed under this chapter to administer
nitrous oxide inhalation analgesia under s. 447.06 (2) (e)
4.
SECTION 31. 447.02 (4) of the statutes is amended to
read:
447.02 (4) In the course of investigating a violation
of this chapter subchapter, the examining board may
require, by order or subpoena, that a person who manages
or controls a business that offers dental or dental hygiene
services, including management or control of a business
through which the person allows another person to offer
dental or dental hygiene services, produce patient health
care records, as defined in s. 146.81 (4).
SECTION 32. 447.02 (5) of the statutes is amended to
read: − 4 −2023 Wisconsin Act 88 2023 Senate Bill 692
447.02 (5) Except as provided in ss. 447.058 and
447.063, nothing in this chapter subchapter may be con-
strued as authorizing the examining board to regulate
business or administrative support functions or services,
that do not constitute the practice of dentistry or dental
hygiene, provided to a business that provides dental or
dental hygiene services.
SECTION 33. 447.03 (1) (intro.) of the statutes is
amended to read:
447.03 (1) DENTISTS. (intro.) Except as provided
under sub. (3) and ss. 257.03 and 447.02 (3), no person
may do any of the following unless he or she is licensed
to practice dentistry under this chapter subchapter or
holds a compact privilege to practice dentistry:
SECTION 34. 447.03 (2) (intro.) of the statutes is
amended to read:
447.03 (2) DENTAL HYGIENISTS. (intro.) 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 dental hygiene under this chapter subchapter or
holds a compact privilege to practice dental hygiene:
SECTION 35. 447.03 (3) (intro.) of the statutes is
amended to read:
447.03 (3) EXCEPTIONS. (intro.) No license or certifi-
cate under this chapter subchapter is required for any of
the following:
SECTION 36. 447.04 (1) (bm) of the statutes is created
to read:
447.04 (1) (bm) The examining board shall grant a
compact privilege to practice dentistry to an individual
who does all of the following:
1. Submits an application for the compact privilege
to the department on a form provided by the department.
2. Pays the applicable fee specified in s. 447.51 (2).
3. Passes an examination administered by the exam-
ining board on the statutes and rules relating to dentistry.
4. Satisfies all other applicable requirements under s.
447.50 (4).
SECTION 37. 447.04 (2) (bm) of the statutes is created
to read:
447.04 (2) (bm) The examining board shall grant a
compact privilege to practice dental hygiene to an indi-
vidual who does all of the following:
1. Submits an application for the compact privilege
to the department on a form provided by the department.
2. Pays the applicable fee specified in s. 447.51 (2).
3. Passes an examination administered by the exam-
ining board on the statutes and rules relating to dental
hygiene.
4. Satisfies all other applicable requirements under s.
447.50 (4).
SECTION 38. 447.06 (1) of the statutes is amended to
read:
447.06 (1) No contract of employment entered into
between a dentist and any other party under which the
dentist renders dental services may require the dentist to
act in a manner which that violates the professional stan-
dards for dentistry set forth in this chapter subchapter.
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 standards for
dentistry set forth in this chapter subchapter.
SECTION 39. 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 who is licensed to prac-
tice dentistry under this chapter and who is present in the
facility in which those practices or procedures are per-
formed, except as provided in par. (c).
SECTION 40. 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 who is licensed to practice
dentistry under this chapter is not present in the facility
in which those practices or procedures are performed
only if all of the following conditions are met:
SECTION 41. 447.06 (2) (e) (intro.) of the statutes is
amended to read:
447.06 (2) (e) (intro.) Pursuant to a treatment plan
approved by a dentist who is licensed under this chapter,
a dental hygienist licensed under this chapter may admin-
ister the following upon delegation by the dentist if the
dentist remains on the premises in which the practices are
performed and is available to the patient throughout the
completion of the appointment:
SECTION 42. 447.065 (1) (intro.) of the statutes is
amended to read:
447.065 (1) (intro.) A dentist who is licensed to prac-
tice dentistry under this chapter may delegate to an indi-
vidual who is not licensed under this chapter subchapter
only the performance of remediable procedures, and only
if all of the following conditions are met:
SECTION 43. 447.065 (2) of the statutes is amended
to read:
447.065 (2) Subject to the requirements under s.
447.06 (2), a dentist 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 procedures and the
administration of oral systemic premedications, local
anesthesia, nitrous oxide inhalation analgesia, and sub-
gingival sustained release chemotherapeutic agents.
SECTION 44. 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 hygienist, or
expanded function dental auxiliary, of a mobile dentistry
program registrant, or of any other person it has reason to − 5 − 2023 Wisconsin Act 88 2023 Senate Bill 692
believe is engaged in or has engaged in the practice of
dentistry 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 hygienist, or expanded function dental
auxiliary who is licensed or certified under this chapter
subchapter or who holds a compact privilege, or any
mobile dentistry program registrant, or deny, limit, sus-
pend, or revoke his or her license or, certificate, or com-
pact privilege, or the registration of the mobile dentistry
program registrant, if it finds that the dentist, dental
hygienist, expanded function dental auxiliary, or mobile
dentistry program registrant has done any of the follow-
ing:
SECTION 45. 447.07 (3) (f) of the statutes is amended
to read:
447.07 (3) (f) Violated this chapter subchapter or any
federal or state statute or rule that relates to the practice
of dentistry, dental hygiene, or an expanded function den-
tal auxiliary, or the operation of a mobile dentistry pro-
gram.
SECTION 46. 447.07 (3) (j) of the statutes is amended
to read:
447.07 (3) (j) Employed, directly or indirectly, any
unlicensed or uncertified person to perform any act
requiring licensure or certification under this chapter
subchapter.
SECTION 47. 447.09 of the statutes is amended to
read:
447.09 Penalties. Any person who violates this
chapter subchapter may be fined not more than $1,000 or
imprisoned for not more than one year in the county jail
or both for the first offense and is guilty of a Class I felony
for the 2nd or subsequent conviction within 5 years.
SECTION 48. 447.10 of the statutes is amended to
read:
447.10 Injunction. If it appears upon the complaint
of any person to the examining board, or it is believed by
the examining board that any person is violating this
chapter subchapter, the examining board, or the district
attorney of the proper county, may investigate such
alleged violation, and may, in addition to or in lieu of any
other remedies provided by law, bring action in the name
and on behalf of the state against any such person to
enjoin such violation. Between meetings of the examin-
ing board, its president and secretary, acting in its behalf,
are empowered jointly to make such an investigation, and
on the basis thereof to seek such relief. Investigations
conducted by the examining board, or by its president and
secretary, shall be conducted according to rules promul-
gated under s. 440.03 (1).
SECTION 49. 447.12 (1) of the statutes is amended to
read:
447.12 (1) The dentists of any county who are
licensed to practice dentistry under this chapter sub-
chapter, provided there are at least 5 in the county, may
organize a county dental society as a component of the
Wisconsin Dental Association. When so organized it
shall be a body corporate, and shall be designated as the
dental society of the county, and shall have the general
powers of a corporation and may take by purchase or gift
and hold real and personal property. County dental soci-
eties now existing are continued with the powers and
privileges conferred by this chapter subchapter. A
county or district dental society that was in existence but
unincorporated on September 29, 1963, is not required to
incorporate unless that is the express wish of the majority
of its members.
SECTION 50. Subchapter II of chapter 447 [precedes
447.50] of the statutes is created to read:
CHAPTER 447
SUBCHAPTER II
DENTIST AND DENTAL
HYGIENIST COMPACT
447.50 Dentist and dental hygienist compact. (1)
TITLE AND PURPOSE. This statute shall be known and cited
as the dentist and dental hygienist compact. The pur-
poses of this compact are to facilitate the interstate prac-
tice of dentistry and dental hygiene and improve public
access to dentistry and dental hygiene services by provid-
ing dentists and dental hygienists licensed in a participat-
ing state the ability to practice in participating states in
which they are not licensed. The compact does this by
establishing a pathway for a dentists and dental hygien-
ists licensed in a participating state to obtain a compact
privilege that authorizes them to practice in another par-
ticipating state in which they are not licensed. The com-
pact enables participating states to protect the public
health and safety with respect to the practice of such den-
tists and dental hygienists, through the state’s authority to
regulate the practice of dentistry and dental hygiene in
the state. The compact:
(a) Enables dentists and dental hygienists who qual-
ify for a compact privilege to practice in other participat-
ing states without satisfying burdensome and duplicative
requirements associated with securing a license to prac-
tice in those states;
(b) Promotes mobility and addresses workforce
shortages through each participating state’s acceptance
of a compact privilege to practice in that state;
(c) Increases public access to qualified, licensed den-
tists and dental hygienists by creating a responsible,
streamlined pathway for licensees to practice in partici-
pating states.
(d) Enhances the ability of participating states to pro-
tect the public’s health and safety;
(e) Does not interfere with licensure requirements
established by a participating state;
(f) Facilitates the sharing of licensure and disci-
plinary information among participating states;
(g) Requires dentists and dental hygienists who prac-
tice in a participating state pursuant to a compact privi- − 6 −2023 Wisconsin Act 88 2023 Senate Bill 692
lege to practice within the scope of practice authorized in
that state;
(h) Extends the authority of a participating state to
regulate the practice of dentistry and dental hygiene
within its borders to dentists and dental hygienists who
practice in the state through a compact privilege;
(i) Promotes the cooperation of participating state in
regulating the practice of dentistry and dental hygiene
within those states;
(j) Facilitates the relocation of military members and
their spouses who are licensed to practice dentistry or
dental hygiene;
(2) DEFINITIONS. As used in this compact, unless the
context requires otherwise, the following definitions
shall apply:
(a) “Active military member” means any person with
full−time duty status in the armed forces of the United
States, including members of the national guard and
reserve.
(b) “Adverse action” means disciplinary action or
encumbrance imposed on a license or compact privilege
by a state licensing authority.
(c) “Alternative program” means a nondisciplinary
monitoring or practice remediation process applicable to
a dentist or dental hygienist approved by a state licensing
authority of a participating state in which the dentist or
dental hygienist is licensed. This includes, but is not lim-
ited to, programs to which licensees with substance abuse
or addiction issues are referred in lieu of adverse action.
(d) “Clinical assessment” means examination or
process, required for licensure as a dentist or dental
hygienist as applicable, that provides evidence of clinical
competence in dentistry or dental hygiene.
(e) “Commissioner” means the individual appointed
by a participating state to serve as the member of the com-
mission for that participating state.
(f) “Compact” means this dentist and dental hygien-
ist compact.
(g) “Compact privilege” means the authorization
granted by a remote state to allow a licensee from a par-
ticipating state to practice as a dentist or dental hygienist
in a remote state.
(h) “Continuing professional development” means a
requirement, as a condition of license renewal to provide
evidence of successful participation in educational or
professional activities relevant to practice or area of
work.
(i) “Criminal background check” means the submis-
sion of fingerprints or other biometric−based information
for a license applicant for the purpose of obtaining that
applicant’s criminal history record information, as
defined in 28 CFR 20.3 (d), from the federal bureau of
investigation and the state’s criminal history record
repository, as defined in 28 CFR. 20.3 (f).
(j) “Data system” means the commission’s repository
of information about licensees, including but not limited
to examination, licensure, investigative, compact privi-
lege, adverse action, and alternative program.
(k) “Dental hygienist” means an individual who is
licensed by a state licensing authority to practice dental
hygiene.
(L) “Dentist” means an individual who is licensed by
a state licensing authority to practice dentistry.
(m) “Dentist and dental hygienist compact commis-
sion” or “commission” means a joint government agency
established by this compact comprised of each state that
has enacted the compact and a national administrative
body comprised of a commissioner from each state that
has enacted the compact.
(n) “Encumbered license” means a license that a state
licensing authority has limited in any way other than
through an alternative program.
(o) “Executive board” means the chair, vice chair,
secretary and treasurer and any other commissioners as
may be determined by commission rule or bylaw.
(p) “Jurisprudence requirement” means the assess-
ment of an individual’s knowledge of the laws and rules
governing the practice of dentistry or dental hygiene, as
applicable, in a state.
(q) “License” means current authorization by a state,
other than authorization pursuant to a compact privilege,
or other privilege, for an individual to practice as a dentist
or dental hygienist in that state.
(r) “Licensee” means an individual who holds an
unrestricted license from a participating state to practice
as a dentist or dental hygienist in that state.
(s) “Model compact” means the model for the dentist
and dental hygienist compact on file with the council of
state governments or other entity as designated by the
commission.
(t) “Participating state” means a state that has enacted
the compact and been admitted to the commission in
accordance with the provisions herein and commission
rules.
(u) “Qualifying license” means a license that is not
an encumbered license issued by a participating state to
practice dentistry or dental hygiene.
(v) “Remote state” means a participating state where
a licensee who is not licensed as a dentist or dental
hygienist is exercising or seeking to exercise the compact
privilege.
(w) “Rule” means a regulation promulgated by an
entity that has the force of law.
(x) “Scope of practice” means the procedures,
actions, and processes a dentist or dental hygienist
licensed in a state is permitted to undertake in that state
and the circumstances under which the licensee is permit-
ted to undertake those procedures, actions and processes.
Such procedures, actions and processes and the circum-
stances under which they may be undertaken may be
established through means, including, but not limited to,
statute, regulations, case law, and other processes avail- − 7 − 2023 Wisconsin Act 88 2023 Senate Bill 692
able to the state licensing authority or other government
agency.
(y) “Significant investigative information” means
information, records, and documents received or gener-
ated by a state licensing authority pursuant to an investi-
gation for which a determination has been made that
there is probable cause to believe that the licensee has
violated a statute or regulation that is considered more
than a minor infraction for which the state licensing
authority could pursue adverse action against the
licensee.
(z) “State” means any state, commonwealth, district,
or territory of the United States that regulates the prac-
tices of dentistry and dental hygiene.
(za) “State licensing authority” means an agency or
other entity of a state that is responsible for the licensing
and regulation of dentists or dental hygienists.
(3) STATE PARTICIPATION IN THE COMPACT. (a) In order
to join the compact and thereafter continue as a partici-
pating state, a state must:
1. Enact a compact that is not materially different
from the model compact as determined in accordance
with commission rules;
2. Participate fully in the commission’s data system;
3. Have a mechanism in place for receiving and
investigating complaints about its licensees and license
applicants;
4. Notify the commission, in compliance with the
terms of the compact and commission rules, of any
adverse action or the availability of significant investiga-
tive information regarding a licensee and license appli-
cant;
5. Fully implement a criminal background check
requirement, within a time frame established by commis-
sion rule, by receiving the results of a qualifying criminal
background check;
6. Comply with the commission rules applicable to
a participating state;
7. Accept the national board examinations of the
Joint Commission on National Dental Examinations or
another examination accepted by commission rule as a
licensure examination;
8. Accept for licensure that applicants for a dentist
license graduate from a predoctoral dental education pro-
gram accredited by the Commission on Dental Accredi-
tation or another accrediting agency recognized by the
United States department of education for the accredita-
tion of dentistry and dental hygiene education programs,
leading to the doctor of dental surgery (D.D.S.) or doctor
of dental medicine (D.M.D.) degree;
9. Accept for licensure that applicants for a dental
hygienist license graduate from a dental hygiene educa-
tion program accredited by the Commission on Dental
Accreditation or another accrediting agency recognized
by the United States department of education for the
accreditation of dentistry and dental hygiene education
programs;
10. Require for licensure that applicants successfully
complete a clinical assessment;
11. Have continuing professional development
requirements as a condition for license renewal; and
12. Pay a participation fee to the commission as
established by commission rule.
(b) Providing alternative pathways for an individual
to obtain an unrestricted license does not disqualify a
state from participating in the compact.
(c) When conducting a criminal background check
the state licensing authority shall:
1. Consider that information in making a licensure
decision;
2. Maintain documentation of completion of the
criminal background check and background check infor-
mation to the extent allowed by state and federal law; and
3. Report to the commission whether it has com-
pleted the criminal background check and whether the
individual was granted or denied a license.
(d) A licensee of a participating state who has a quali-
fying license in that state and does not hold an encum-
bered license in any other participating state, shall be
issued a compact privilege in a remote state in accordance
with the terms of the compact and commission rules. If
a remote state has a jurisprudence requirement a compact
privilege will not be issued to the licensee unless the
licensee has satisfied the jurisprudence requirement.
(4) COMPACT PRIVILEGE. (a) To obtain and exercise
the compact privilege under the terms and provisions of
the compact, the licensee shall:
1. Have a qualifying license as a dentist or dental
hygienist in a participating state;
2. Be eligible for a compact privilege in any remote
state in accordance with pars. (d), (g), and (h);
3. Submit to an application process whenever the
licensee is seeking a compact privilege;
4. Pay any applicable commission and remote state
fees for a compact privilege in the remote state;
5. Meet any jurisprudence requirement established
by a remote state in which the licensee is seeking a com-
pact privilege;
6. Have passed a national board examination of the
Joint Commission on National Dental Examinations or
another examination accepted by commission rule;
7. For a dentist, have graduated from a predoctoral
dental education program accredited by the Commission
on Dental Accreditation or another accrediting agency
recognized by the United States department of education
for the accreditation of dentistry and dental hygiene edu-
cation programs, leading to the doctor of dental surgery
(D.D.S.) or doctor of dental medicine (D.M.D.) degree;
8. For a dental hygienist, have graduated from a den-
tal hygiene education program accredited by the Com- − 8 −2023 Wisconsin Act 88 2023 Senate Bill 692
mission on Dental Accreditation or another accrediting
agency recognized by the United States department of
education for the accreditation of dentistry and dental
hygiene education programs;
9. Have successfully completed a clinical assessment
for licensure;
10. Report to the commission adverse action taken by
any non−participating state when applying for a compact
privilege and, otherwise, within thirty (30) days from the
date the adverse action is taken;
11. Report to the commission when applying for a
compact privilege the address of the licensee’s primary
residence and thereafter immediately report to the com-
mission any change in the address of the licensee’s pri-
mary residence; and
12. Consent to accept service of process by mail at the
licensee’s primary residence on record with the commis-
sion with respect to any action brought against the
licensee by the commission or a participating state, and
consent to accept service of a subpoena by mail at the
licensee’s primary residence on record with the commis-
sion with respect to any action brought or investigation
conducted by the commission or a participating state.
(b) The licensee must comply with the requirements
of par. (a) to maintain the compact privilege in the remote
state. If those requirements are met, the compact privi-
lege will continue as long as the licensee maintains a
qualifying license in the state through which the licensee
applied for the compact privilege and pays any applicable
compact privilege renewal fees.
(c) A licensee providing dentistry or dental hygiene
in a remote state under the compact privilege shall func-
tion within the scope of practice authorized by the remote
state for a dentist or dental hygienist licensed in that state.
(d) A licensee providing dentistry or dental hygiene
pursuant to a compact privilege in a remote state is sub-
ject to that state’s regulatory authority. A remote state
may, in accordance with due process and that state’s laws,
by adverse action revoke or remove a licensee’s compact
privilege in the remote state for a specific period of time
and impose fines or take any other necessary actions to
protect the health and safety of its citizens. If a remote
state imposes an adverse action against a compact privi-
lege that limits the compact privilege, that adverse action
applies to all compact privileges in all remote states. A
licensee whose compact privilege in a remote state is
removed for a specified period of time is not eligible for
a compact privilege in any other remote state until the
specific time for removal of the compact privilege has
passed and all encumbrance requirements are satisfied.
(e) If a license in a participating state is an encum-
bered license, the licensee shall lose the compact privi-
lege in a remote state and shall not be eligible for a com-
pact privilege in any remote state until the license is no
longer encumbered.
(f) Once an encumbered license in a participating
state is restored to good standing, the licensee must meet
the requirements of par. (a) to obtain a compact privilege
in a remote state.
(g) If a licensee’s compact privilege in a remote state
is removed by the remote state, the individual shall lose
or be ineligible for the compact privilege in any remote
state until the following occur:
1. The specific period of time for which the compact
privilege was removed has ended; and
2. All conditions for removal of the compact privi-
lege have been satisfied.
(h) Once the requirements of par. (g) have been met,
the licensee must meet the requirements in par. (a) to
obtain a compact privilege in a remote state.
(5) ACTIVE MILITARY MEMBER OR THEIR SPOUSES. An
active military member and their spouse shall not be
required to pay to the commission for a compact privilege
the fee otherwise charged by the commission. If a remote
state chooses to charge a fee for a compact privilege, it
may choose to charge a reduced fee or no fee to an active
military member and their spouse for a compact privi-
lege.
(6) ADVERSE ACTIONS. (a) A participating state in
which a licensee is licensed shall have exclusive author-
ity to impose adverse action against the qualifying
license issued by that participating state.
(b) A participating state may take adverse action
based on the significant investigative information of a
remote state, so long as the participating state follows its
own procedures for imposing adverse action.
(c) Nothing in this compact shall override a partici-
pating state’s decision that participation in an alternative
program may be used in lieu of adverse action and that
such participation shall remain nonpublic if required by
the participating state’s laws. Participating states must
require licensees who enter any alternative program in
lieu of discipline to agree not to practice pursuant to a
compact privilege in any other participating state during
the term of the alternative program without prior authori-
zation from such other participating state.
(d) Any participating state in which a licensee is
applying to practice or is practicing pursuant to a com-
pact privilege may investigate actual or alleged viola-
tions of the statutes and regulations authorizing the prac-
tice of dentistry or dental hygiene in any other
participating state in which the dentist or dental hygienist
holds a license or compact privilege.
(e) A remote state shall have the authority to:
1. Take adverse actions as set forth in sub. (4) (d)
against a licensee’s compact privilege in the state;
2. In furtherance of its rights and responsibilities
under the compact and the commission’s rules issue sub-
poenas for both hearings and investigations that require
the attendance and testimony of witnesses, and the pro- − 9 − 2023 Wisconsin Act 88 2023 Senate Bill 692
duction of evidence. Subpoenas issued by a state licens-
ing authority in a participating state for the attendance
and testimony of witnesses, or the production of evidence
from another participating state, shall be enforced in the
latter state by any court of competent jurisdiction,
according to the practice and procedure of that court
applicable to subpoenas issued in proceedings pending
before it. The issuing authority shall pay any witness
fees, travel expenses, mileage, and other fees required by
the service statutes of the state where the witnesses or evi-
dence are located; and
3. If otherwise permitted by state law, recover from
the licensee the costs of investigations and disposition of
cases resulting from any adverse action taken against that
licensee.
(f) Joint investigations. 1. In addition to the author-
ity granted to a participating state by its dentist or dental
hygienist licensure act or other applicable state law, a par-
ticipating state may jointly investigate licensees with
other participating states.
2. Participating states shall share any significant
investigative information, litigation, or compliance
materials in furtherance of any joint or individual investi-
gation initiated under the compact.
(g) Authority to continue investigation. 1. After a
licensee’s compact privilege in a remote state is termi-
nated, the remote state may continue an investigation of
the licensee that began when the licensee had a compact
privilege in that remote state.
2. If the investigation yields what would be signifi-
cant investigative information had the licensee continued
to have a compact privilege in that remote state, the
remote state shall report the presence of such information
to the data system as required by sub. (8) (b) 6. as if it was
significant investigative information.
(7) ESTABLISHMENT AND OPERATION OF THE COMMIS-
SION. (a) The compact participating states hereby create
and establish a joint government agency whose member-
ship consists of all participating states that have enacted
the compact. The commission is an instrumentality of the
participating states acting jointly and not an instrumen-
tality of any one state. The commission shall come into
existence on or after the effective date of the compact as
set forth in sub. (11) (a).
(b) Participation, voting, and meetings. 1. Each par-
ticipating state shall have and be limited to one (1) com-
missioner selected by that participating state’s state
licensing authority or, if the state has more than one state
licensing authority, selected collectively by the state
licensing authorities.
2. The commissioner shall be a member or designee
of such authority or authorities.
3. The commission may by rule or bylaw establish a
term of office for commissioners and may by rule or
bylaw establish term limits.
4. The commission may recommend to a state licens-
ing authority or authorities, as applicable, removal or sus-
pension of an individual as the state’s commissioner.
5. A participating state’s state licensing authority, or
authorities, as applicable, shall fill any vacancy of its
commissioner on the commission within sixty (60) days
of the vacancy.
6. Each commissioner shall be entitled to one vote on
all matters that are voted upon by the commission.
7. The commission shall meet at least once during
each calendar year. Additional meetings may be held as
set forth in the bylaws. The commission may meet by
telecommunication, video conference or other similar
electronic means.
(c) The commission shall have the following powers:
1. Establish the fiscal year of the commission;
2. Establish a code of conduct and conflict of interest
policies;
3. Adopt rules and bylaws;
4. Maintain its financial records in accordance with
the bylaws;
5. Meet and take such actions as are consistent with
the provisions of this compact, the commission’s rules,
and the bylaws;
6. Initiate and conclude legal proceedings or actions
in the name of the commission, provided that the standing
of any state licensing authority to sue or be sued under
applicable law shall not be affected;
7. Maintain and certify records and information pro-
vided to a participating state as the authenticated business
records of the commission, and designate a person to do
so on the commission’s behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of person-
nel, including, but not limited to, employees of a partici-
pating state;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
compact, and establish the commission’s personnel poli-
cies and programs relating to conflicts of interest, qualifi-
cations of personnel, and other related personnel matters;
12. As set forth in the commission rules, charge a fee
to a licensee for the grant of a compact privilege in a
remote state and thereafter, as may be established by
commission rule, charge the licensee a compact privilege
renewal fee for each renewal period in which that
licensee exercises or intends to exercise the compact
privilege in that remote state. Nothing herein shall be
construed to prevent a remote state from charging a
licensee a fee for a compact privilege or renewals of a
compact privilege, or a fee for the jurisprudence require-
ment if the remote state imposes such a requirement for
the grant of a compact privilege; − 10 −2023 Wisconsin Act 88 2023 Senate Bill 692
13. Accept any and all appropriate gifts, donations,
grants of money, other sources of revenue, equipment,
supplies, materials, and services, and receive, utilize, and
dispose of the same; provided that at all times the com-
mission shall avoid any appearance of impropriety and/
or conflict of interest;
14. Lease, purchase, retain, own, hold, improve, or
use any property, real, personal, or mixed, or any undi-
vided interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, per-
sonal, or mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
18. Appoint committees, including standing commit-
tees, which may be composed of members, state regula-
tors, state legislators or their representatives, and con-
sumer representatives, and such other interested persons
as may be designated in this compact and the bylaws;
19. Provide and receive information from, and coop-
erate with, law enforcement agencies;
20. Elect a chair, vice chair, secretary and treasurer
and such other officers of the commission as provided in
the commission’s bylaws;
21. Establish and elect an executive board;
22. Adopt and provide to the participating states an
annual report;
23. Determine whether a state’s enacted compact is
materially different from the model compact language
such that the state would not qualify for participation in
the compact; and
24. Perform such other functions as may be necessary
or appropriate to achieve the purposes of this compact.
(d) Meetings of the commission. 1. All meetings of
the commission that are not closed pursuant to this para-
graph shall be open to the public. Notice of public meet-
ings shall be posted on the commission’s website at least
thirty (30) days prior to the public meeting.
2. Notwithstanding subd. 1., the commission may
convene an emergency public meeting by providing at
least twenty−four (24) hours prior notice on the commis-
sion’s website, and any other means as provided in the
commission’s rules, for any of the reasons it may dis-
pense with notice of proposed rule making under sub. (9)
(L). The commission’s legal counsel shall certify that
one of the reasons justifying an emergency public meet-
ing has been met.
3. Notice of all commission meetings shall provide
the time, date, and location of the meeting, and if the
meeting is to be held or accessible via telecommunica-
tion, video conference, or other electronic means, the
notice shall include the mechanism for access to the
meeting through such means.
4. The commission may convene in a closed, non-
public meeting for the commission to receive legal
advice or to discuss:
a. Noncompliance of a participating state with its
obligations under the compact;
b. The employment, compensation, discipline or
other matters, practices or procedures related to specific
employees or other matters related to the commission’s
internal personnel practices and procedures;
c. Current or threatened discipline of a licensee or
compact privilege holder by the commission or by a par-
ticipating state’s licensing authority;
d. Current, threatened, or reasonably anticipated liti-
gation;
e. Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate;
f. Accusing any person of a crime or formally censur-
ing any person;
g. Trade secrets or commercial or financial informa-
tion that is privileged or confidential;
h. Information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of per-
sonal privacy;
i. Investigative records compiled for law enforce-
ment purposes;
j. Information related to any investigative reports
prepared by or on behalf of or for use of the commission
or other committee charged with responsibility of inves-
tigation or determination of compliance issues pursuant
to the compact;
k. Legal advice;
L. Matters specifically exempted from disclosure to
the public by federal or participating state law; and
m. Other matters as promulgated by the commission
by rule.
5. If a meeting, or portion of a meeting, is closed, the
presiding officer shall state that the meeting will be
closed and reference each relevant exempting provision,
and such reference shall be recorded in the minutes.
6. The commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and
shall provide a full and accurate summary of actions
taken, and the reasons therefore, including a description
of the views expressed. All documents considered in
connection with an action shall be identified in such min-
utes. All minutes and documents of a closed meeting
shall remain under seal, subject to release only by a
majority vote of the commission or order of a court of
competent jurisdiction.
(e) Financing of the commission. 1. The commission
shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing
activities.
2. The commission may accept any and all appropri-
ate sources of revenue, donations, and grants of money,
equipment, supplies, materials, and services.
3. The commission may levy on and collect an annual
assessment from each participating state and impose fees
on licensees of participating states when a compact privi- − 11 − 2023 Wisconsin Act 88 2023 Senate Bill 692
lege is granted, to cover the cost of the operations and
activities of the commission and its staff, which must be
in a total amount sufficient to cover its annual budget as
approved each fiscal year for which sufficient revenue is
not provided by other sources. The aggregate annual
assessment amount for participating states shall be allo-
cated based upon a formula that the commission shall
promulgate by rule.
4. The commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the
same; nor shall the commission pledge the credit of any
participating state, except by and with the authority of the
participating state.
5. The commission shall keep accurate accounts of
all receipts and disbursements. The receipts and dis-
bursements of the commission shall be subject to the
financial review and accounting procedures established
under its bylaws. All receipts and disbursements of funds
handled by the commission shall be subject to an annual
financial review by a certified or licensed public account-
ant, and the report of the financial review shall be
included in and become part of the annual report of the
commission.
(f) The executive board. 1. The executive board shall
have the power to act on behalf of the commission
according to the terms of this compact. The powers,
duties, and responsibilities of the executive board shall
include:
a. Overseeing the day−to−day activities of the admin-
istration of the compact including compliance with the
provisions of the compact, the commission’s rules and
bylaws;
b. Recommending to the commission changes to the
rules or bylaws, changes to this compact legislation, fees
charged to compact participating states, fees charged to
licensees, and other fees;
c. Ensuring compact administration services are
appropriately provided, including by contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the
commission;
f. Monitoring compact compliance of participating
states and providing compliance reports to the commis-
sion;
g. Establishing additional committees as necessary;
h. Exercising the powers and duties of the commis-
sion during the interim between commission meetings,
except for adopting or amending rules, adopting or
amending bylaws, and exercising any other powers and
duties expressly reserved to the commission by rule or
bylaw; and
i. Other duties as provided in the rules or bylaws of
the commission.
2. The executive board shall be composed of up to
seven (7) members:
a. The chair, vice chair, secretary and treasurer of the
commission and any other members of the commission
who serve on the executive board shall be voting mem-
bers of the executive board; and
b. Other than the chair, vice chair, secretary, and trea-
surer, the commission may elect up to three (3) voting
members from the current membership of the commis-
sion.
3. The commission may remove any member of the
executive board as provided in the commission’s bylaws.
4. The executive board shall meet at least annually.
a. An executive board meeting at which it takes or
intends to take formal action on a matter shall be open to
the public, except that the executive board may meet in
a closed, nonpublic session of a public meeting when
dealing with any of the matters covered under par. (d) 4.
b. The executive board shall give five (5) business
days’ notice of its public meetings, posted on its website
and as it may otherwise determine to provide notice to
persons with an interest in the public matters the execu-
tive board intends to address at those meetings.
5. The executive board may hold an emergency meet-
ing when acting for the commission to:
a. Meet an imminent threat to public health, safety,
or welfare;
b. Prevent a loss of commission or participating state
funds; or
c. Protect public health and safety.
(g) Qualified immunity, defense, and indemnifica-
tion. 1. The members, officers, executive director,
employees and representatives of the commission shall
be immune from suit and liability, both personally and in
their official capacity, for any claim for damage to or loss
of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error,
or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for
believing occurred within the scope of commission
employment, duties or responsibilities; provided that
nothing in this subdivision shall be construed to protect
any such person from suit or liability for any damage,
loss, injury, or liability caused by the intentional or will-
ful or wanton misconduct of that person. The procure-
ment of insurance of any type by the commission shall
not in any way compromise or limit the immunity granted
hereunder.
2. The commission shall defend any member, officer,
executive director, employee, and representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employ-
ment, duties, or responsibilities, or as determined by the
commission that the person against whom the claim is
made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or − 12 −2023 Wisconsin Act 88 2023 Senate Bill 692
responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining their own
counsel at their own expense; and provided further, that
the actual or alleged act, error, or omission did not result
from that person’s intentional or willful or wanton mis-
conduct.
3. Notwithstanding subd. 1., should any member,
officer, executive director, employee, or representative
of the commission be held liable for the amount of any
settlement or judgment arising out of any actual or
alleged act, error, or omission that occurred within the
scope of that individual’s employment, duties, or respon-
sibilities for the commission, or that the person to whom
that individual is liable had a reasonable basis for believ-
ing occurred within the scope of the individual’s employ-
ment, duties, or responsibilities for the commission, the
commission shall indemnify and hold harmless such
individual, provided that the actual or alleged act, error,
or omission did not result from the intentional or willful
or wanton misconduct of the individual.
4. Nothing herein shall be construed as a limitation
on the liability of any licensee for professional malprac-
tice or misconduct, which shall be governed solely by any
other applicable state laws.
5. Nothing in this compact shall be interpreted to
waive or otherwise abrogate a participating state’s state
action immunity or state action affirmative defense with
respect to antitrust claims under the Sherman Act, Clay-
ton Act, or any other state or federal antitrust or anticom-
petitive law or regulation.
6. Nothing in this compact shall be construed to be
a waiver of sovereign immunity by the participating
states or by the commission.
(8) DATA SYSTEM. (a) The commission shall provide
for the development, maintenance, operation, and uti-
lization of a coordinated database and reporting system
containing licensure, adverse action, and the presence of
significant investigative information on all licensees and
applicants for a license in participating states.
(b) Notwithstanding any other provision of state law
to the contrary, a participating state shall submit a uni-
form data set to the data system on all individuals to
whom this compact is applicable as required by the rules
of the commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a licensee, license appli-
cant or compact privilege and information related
thereto;
4. Nonconfidential information related to alternative
program participation, the beginning and ending dates of
such participation, and other information related to such
participation;
5. Any denial of an application for licensure, and the
reason(s) for such denial, (excluding the reporting of any
criminal history record information where prohibited by
law);
6. The presence of significant investigative informa-
tion; and
7. Other information that may facilitate the adminis-
tration of this compact or the protection of the public, as
determined by the rules of the commission.
(c) The records and information provided to a partici-
pating state pursuant to this compact or through the data
system, when certified by the commission or an agent
thereof, shall constitute the authenticated business
records of the commission, and shall be entitled to any
associated hearsay exception in any relevant judicial,
quasi−judicial or administrative proceedings in a partici-
pating state.
(d) Significant investigative information pertaining
to a licensee in any participating state will only be avail-
able to other participating states.
(e) It is the responsibility of the participating states
to monitor the database to determine whether adverse
action has been taken against a licensee or license appli-
cant. Adverse action information pertaining to a licensee
or license applicant in any participating state will be
available to any other participating state.
(f) Participating states contributing information to
the data system may designate information that may not
be shared with the public without the express permission
of the contributing state.
(g) Any information submitted to the data system that
is subsequently expunged pursuant to federal law or the
laws of the participating state contributing the informa-
tion shall be removed from the data system.
(9) RULE MAKING. (a) The commission shall promul-
gate reasonable rules in order to effectively and effi-
ciently implement and administer the purposes and pro-
visions of the compact. A commission rule shall be
invalid and have no force or effect only if a court of com-
petent jurisdiction holds that the rule is invalid because
the commission exercised its rule−making authority in a
manner that is beyond the scope and purposes of the com-
pact, or the powers granted hereunder, or based upon
another applicable standard of review.
(b) The rules of the commission shall have the force
of law in each participating state, provided however that
where the rules of the commission conflict with the laws
of the participating state that establish the participating
state’s scope of practice as held by a court of competent
jurisdiction, the rules of the commission shall be ineffec-
tive in that state to the extent of the conflict.
(c) The commission shall exercise its rule−making
powers pursuant to the criteria set forth in this subsection
and the rules adopted thereunder. Rules shall become
binding as of the date specified by the commission for
each rule. − 13 − 2023 Wisconsin Act 88 2023 Senate Bill 692
(d) If a majority of the legislatures of the participating
states rejects a commission rule or portion of a commis-
sion rule, by enactment of a statute or resolution in the
same manner used to adopt the compact, within four (4)
years of the date of adoption of the rule, then such rule
shall have no further force and effect in any participating
state or to any state applying to participate in the com-
pact.
(e) Rules shall be adopted at a regular or special
meeting of the commission.
(f) Prior to adoption of a proposed rule, the commis-
sion shall hold a public hearing and allow persons to pro-
vide oral and written comments, data, facts, opinions, and
arguments.
(g) Prior to adoption of a proposed rule by the com-
mission, and at least thirty (30) days in advance of the
meeting at which the commission will hold a public hear-
ing on the proposed rule, the commission shall provide a
notice of proposed rule making:
1. On the website of the commission or other publicly
accessible platform;
2. To persons who have requested notice of the com-
mission’s notices of proposed rule making, and
3. In such other way(s) as the commission may by
rule specify.
(h) The notice of proposed rule making shall include:
1. The time, date, and location of the public hearing
at which the commission will hear public comments on
the proposed rule and, if different, the time, date, and
location of the meeting where the commission will con-
sider and vote on the proposed rule;
2. If the hearing is held via telecommunication, video
conference, or other electronic means, the commission
shall include the mechanism for access to the hearing in
the notice of proposed rule making;
3. The text of the proposed rule and the reason there-
for;
4. A request for comments on the proposed rule from
any interested person; and
5. The manner in which interested persons may sub-
mit written comments.
(i) All hearings will be recorded. A copy of the
recording and all written comments and documents
received by the commission in response to the proposed
rule shall be available to the public.
(j) Nothing in this subsection shall be construed as
requiring a separate hearing on each commission rule.
Rules may be grouped for the convenience of the com-
mission at hearings required by this subsection.
(k) The commission shall, by majority vote of all
commissioners, take final action on the proposed rule
based on the rule−making record.
1. The commission may adopt changes to the pro-
posed rule provided the changes do not enlarge the origi-
nal purpose of the proposed rule.
2. The commission shall provide an explanation of
the reasons for substantive changes made to the proposed
rule as well as reasons for substantive changes not made
that were recommended by commenters.
3. The commission shall determine a reasonable
effective date for the rule. Except for an emergency as
provided in par. (L), the effective date of the rule shall be
no sooner than thirty (30) days after the commission issu-
ing the notice that it adopted or amended the rule.
(L) Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule
with 24 hours’ notice, with opportunity to comment, pro-
vided that the usual rule−making procedures provided in
the compact and in this subsection shall be retroactively
applied to the rule as soon as reasonably possible, in no
event later than ninety (90) days after the effective date
of the rule. For the purposes of this provision, an emer-
gency rule is one that must be adopted immediately in
order to:
1. Meet an imminent threat to public health, safety,
or welfare;
2. Prevent a loss of commission or participating state
funds;
3. Meet a deadline for the promulgation of a rule that
is established by federal law or rule; or
4. Protect public health and safety.
(m) The commission or an authorized committee of
the commission may direct revisions to a previously
adopted rule for purposes of correcting typographical
errors, errors in format, errors in consistency, or gram-
matical errors. Public notice of any revisions shall be
posted on the website of the commission. The revision
shall be subject to challenge by any person for a period
of thirty (30) days after posting. The revision may be
challenged only on grounds that the revision results in a
material change to a rule. A challenge shall be made in
writing and delivered to the commission prior to the end
of the notice period. If no challenge is made, the revision
will take effect without further action. If the revision is
challenged, the revision may not take effect without the
approval of the commission.
(n) No participating state’s rule−making require-
ments shall apply under this compact.
(10) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCE-
MENT. (a) Oversight. 1. The executive and judicial
branches of state government in each participating state
shall enforce this compact and take all actions necessary
and appropriate to implement the compact.
2. Venue is proper and judicial proceedings by or
against the commission shall be brought solely and
exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The com-
mission may waive venue and jurisdictional defenses to
the extent it adopts or consents to participate in alterna-
tive dispute resolution proceedings. Nothing herein shall − 14 −2023 Wisconsin Act 88 2023 Senate Bill 692
affect or limit the selection or propriety of venue in any
action against a licensee for professional malpractice,
misconduct or any such similar matter.
3. The commission shall be entitled to receive service
of process in any proceeding regarding the enforcement
or interpretation of the compact or commission rule and
shall have standing to intervene in such a proceeding for
all purposes. Failure to provide the commission service
of process shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
(b) Default, technical assistance, and termination.
1. If the commission determines that a participating state
has defaulted in the performance of its obligations or
responsibilities under this compact or the promulgated
rules, the commission shall provide written notice to the
defaulting state. The notice of default shall describe the
default, the proposed means of curing the default, and
any other action that the commission may take, and shall
offer training and specific technical assistance regarding
the default.
2. The commission shall provide a copy of the notice
of default to the other participating states.
(c) If a state in default fails to cure the default, the
defaulting state may be terminated from the compact
upon an affirmative vote of a majority of the commis-
sioners, and all rights, privileges and benefits conferred
on that state by this compact may be terminated on the
effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities
incurred during the period of default.
(d) Termination of participation in the compact shall
be imposed only after all other means of securing compli-
ance have been exhausted. Notice of intent to suspend or
terminate shall be given by the commission to the gover-
nor, the majority and minority leaders of the defaulting
state’s legislature, the defaulting state’s state licensing
authority or authorities, as applicable, and each of the
participating states’ state licensing authority or authori-
ties, as applicable.
(e) A state that has been terminated is responsible for
all assessments, obligations, and liabilities incurred
through the effective date of termination, including obli-
gations that extend beyond the effective date of termina-
tion.
(f) Upon the termination of a state’s participation in
this compact, that state shall immediately provide notice
to all licensees of the state, including licensees of other
participating states issued a compact privilege to practice
within that state, of such termination. The terminated
state shall continue to recognize all compact privileges
then in effect in that state for a minimum of one hundred
eighty (180) days after the date of said notice of termina-
tion.
(g) The commission shall not bear any costs related
to a state that is found to be in default or that has been ter-
minated from the compact, unless agreed upon in writing
between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the
commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the
commission has its principal offices. The prevailing
party shall be awarded all costs of such litigation, includ-
ing reasonable attorney’s fees.
(i) Dispute resolution. 1. Upon request by a partici-
pating state, the commission shall attempt to resolve dis-
putes related to the compact that arise among participat-
ing states and between participating states and
non−participating states.
2. The commission shall promulgate a rule providing
for both mediation and binding dispute resolution for dis-
putes as appropriate.
(j) Enforcement. 1. The commission, in the reason-
able exercise of its discretion, shall enforce the provi-
sions of this compact and the commission’s rules.
2. By majority vote, the commission may initiate
legal action against a participating state in default in the
U.S. District Court for the District of Columbia or the
federal district where the commission has its principal
offices to enforce compliance with the provisions of the
compact and its promulgated rules. The relief sought
may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing
party shall be awarded all costs of such litigation, includ-
ing reasonable attorney’s fees. The remedies herein shall
not be the exclusive remedies of the commission. The
commission may pursue any other remedies available
under federal or the defaulting participating state’s law.
3. A participating state may initiate legal action
against the commission in the U.S. District Court for the
District of Columbia or the federal district where the
commission has its principal offices to enforce compli-
ance with the provisions of the compact and its promul-
gated rules. The relief sought may include both injunc-
tive relief and damages. In the event judicial enforcement
is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable attorney’s
fees.
4. No individual or entity other than a participating
state may enforce this compact against the commission.
(11) EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.
(a) The compact shall come into effect on the date on
which the compact statute is enacted into law in the sev-
enth participating state.
1. On or after the effective date of the compact, the
commission shall convene and review the enactment of
each of the states that enacted the compact prior to the
commission convening (“charter participating states”) to
determine if the statute enacted by each such charter par-
ticipating state is materially different than the model
compact. − 15 − 2023 Wisconsin Act 88 2023 Senate Bill 692
a. A charter participating state whose enactment is
found to be materially different from the model compact
shall be entitled to the default process set forth in sub.
(10).
b. If any participating state is later found to be in
default, or is terminated or withdraws from the compact,
the commission shall remain in existence and the com-
pact shall remain in effect even if the number of partici-
pating states should be less than seven (7).
2. Participating states enacting the compact subse-
quent to the charter participating states shall be subject to
the process set forth in sub. (7) (c) 23. to determine if their
enactments are materially different from the model com-
pact and whether they qualify for participation in the
compact.
3. All actions taken for the benefit of the commission
or in furtherance of the purposes of the administration of
the compact prior to the effective date of the compact or
the commission coming into existence shall be consid-
ered to be actions of the commission unless specifically
repudiated by the commission.
4. Any state that joins the compact subsequent to the
commission’s initial adoption of the rules and bylaws
shall be subject to the commission’s rules and bylaws as
they exist on the date on which the compact becomes law
in that state. Any rule that has been previously adopted
by the commission shall have the full force and effect of
law on the day the compact becomes law in that state.
(b) Any participating state may withdraw from this
compact by enacting a statute repealing that state’s enact-
ment of the compact.
1. A participating state’s withdrawal shall not take
effect until one hundred eighty (180) days after enact-
ment of the repealing statute.
2. Withdrawal shall not affect the continuing require-
ment of the withdrawing state’s licensing authority or
authorities to comply with the investigative and adverse
action reporting requirements of this compact prior to the
effective date of withdrawal.
3. Upon the enactment of a statute withdrawing from
this compact, the state shall immediately provide notice
of such withdrawal to all licensees within that state. Not-
withstanding any subsequent statutory enactment to the
contrary, such withdrawing state shall continue to recog-
nize all compact privileges to practice within that state
granted pursuant to this compact for a minimum of one
hundred eighty (180) days after the date of such notice of
withdrawal.
(c) Nothing contained in this compact shall be con-
strued to invalidate or prevent any licensure agreement or
other cooperative arrangement between a participating
state and a non−participating state that does not conflict
with the provisions of this compact.
(d) This compact may be amended by the participat-
ing states. No amendment to this compact shall become
effective and binding upon any participating state until it
is enacted into the laws of all participating states.
(12) CONSTRUCTION AND SEVERABILITY. (a) This
compact and the commission’s rule−making authority
shall be liberally construed so as to effectuate the pur-
poses, and the implementation and administration of the
compact. Provisions of the compact expressly autho-
rizing or requiring the promulgation of rules shall not be
construed to limit the commission’s rule−making author-
ity solely for those purposes.
(b) The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this
compact is held by a court of competent jurisdiction to be
contrary to the constitution of any participating state, a
state seeking participation in the compact, or of the
United States, or the applicability thereof to any govern-
ment, agency, person or circumstance is held to be uncon-
stitutional by a court of competent jurisdiction, the valid-
ity of the remainder of this compact and the applicability
thereof to any other government, agency, person or cir-
cumstance shall not be affected thereby.
(c) Notwithstanding par. (b), the commission may
deny a state’s participation in the compact or, in accord-
ance with the requirements of sub. (10) (b), terminate a
participating state’s participation in the compact, if it
determines that a constitutional requirement of a partici-
pating state is a material departure from the compact.
Otherwise, if this compact shall be held to be contrary to
the constitution of any participating state, the compact
shall remain in full force and effect as to the remaining
participating states and in full force and effect as to the
participating state affected as to all severable matters.
(13) CONSISTENT EFFECT AND CONFLICT WITH OTHER
STATE LAWS. (a) Nothing herein shall prevent or inhibit
the enforcement of any other law of a participating state
that is not inconsistent with the compact.
(b) Any laws, statutes, regulations, or other legal
requirements in a participating state in conflict with the
compact are superseded to the extent of the conflict.
(c) All permissible agreements between the commis-
sion and the participating states are binding in accord-
ance with their terms.
447.51 Implementation of the dentist and dental
hygienist compact. (1) In this section, “compact privi-
lege” has the meaning given in s. 447.50 (2) (g).
(2) The department may impose a fee for an individ-
ual to receive a compact privilege as provided in s. 447.50
(4) (a) 4.
(3) (a) An individual who is exercising the compact
privilege in this state shall comply with s. 440.03 (13)
(am).
(b) Subject to s. 447.50 and any rules promulgated
thereunder, ss. 440.20 to 440.22 and the rules promul-
gated under s. 440.03 (1) shall apply to an individual who
is exercising the compact privilege in this state in the − 16 −2023 Wisconsin Act 88 2023 Senate Bill 692
same manner that they apply to holders of licenses issued
under subch. I.
SECTION 51. 448.956 (4) of the statutes, as affected
by 2021 Wisconsin Act 251, is amended to read:
448.956 (4) If a licensee determines that a patient’s
medical condition is beyond the scope of practice of the
licensee, the licensee shall, in accordance with the proto-
col established under sub. (1) (a), refer the patient to a
health care practitioner who is licensed under ch. 446 or
447 or subch. II, III or IV of ch. 448; or who holds a com-
pact privilege under subch. II of ch. 447 or subch. XI of
ch. 448 and who can provide appropriate treatment to the
patient.
SECTION 52. 450.10 (3) (a) 4. of the statutes is
amended to read:
450.10 (3) (a) 4. A dentist who is licensed under
subch. I of ch. 447 or who holds a compact privilege
under subch. II of ch. 447.
SECTION 53. 451.02 (1) of the statutes, as affected by
2021 Wisconsin Act 251, is amended to read:
451.02 (1) An individual holding a license, permit or
certificate under ch. 441, 446, 447, 448, or 449 or a com-
pact privilege under subch. II of ch. 447 or subch. XI or
XII of ch. 448 who engages in a practice of acupuncture
that is also included within the scope of his or her license,
permit, certificate, or privilege.
SECTION 54. 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 hygienist licensed under s. 447.04 (2), a person
certified as an expanded function dental auxiliary under
s. 447.04 (3), a dentist or dental hygienist who holds a
compact privilege under subch. II of ch. 447, or a person
under the direct supervision of a dentist.
SECTION 55. 462.04 of the statutes, as affected by
2023 Wisconsin Act 81, 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 who is licensed
under s. 447.04 (1) or who holds a compact privilege
under subch. II of ch. 447, a podiatrist licensed under s.
448.63, a chiropractor licensed under s. 446.02, an
advanced practice nurse certified under s. 441.16 (2), a
physician assistant who is licensed under s. 448.974 or
who holds a compact privilege under subch. XIII of ch.
448, or, subject to s. 448.56 (7) (a), a physical therapist
who is licensed under s. 448.53 or who holds a compact
privilege under subch. XI of ch. 448.
SECTION 56. 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 physician who tattoos or offers to tattoo a person in
the course of the dentist’s or physician’s professional
practice.
SECTION 57. 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 physician who pierces the body of or offers to pierce
the body of a person in the course of the dentist’s or physi-
cian’s professional practice.
SECTION 58. 895.48 (1m) (a) (intro.) of the statutes,
as affected by 2023 Wisconsin Act 81, is amended to
read:
895.48 (1m) (a) (intro.) Except as provided in par.
(b), any physician, podiatrist, or athletic trainer licensed
under ch. 448, physician assistant who is licensed under
subch. IX of ch. 448 or who holds a compact privilege
under subch. XIII of ch. 448, naturopathic doctor
licensed under ch. 466, chiropractor licensed under ch.
446, dentist who is licensed under subch. I of ch. 447 or
who holds a compact privilege under subch. II of ch. 447,
emergency medical services practitioner licensed under
s. 256.15, emergency medical responder certified under
s. 256.15 (8), registered nurse licensed under ch. 441,
massage therapist or bodywork therapist licensed under
ch. 460, or naturopathic doctor licensed under ch. 466
who renders voluntary health care to a participant in an
athletic event or contest sponsored by a nonprofit corpo-
ration, 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 omis-
sions in rendering that care if all of the following condi-
tions exist:
SECTION 59. 990.01 (6m) of the statutes is created to
read:
990.01 (6m) DENTIST. “Dentist” means a person who
is licensed as a dentist under subch. I of ch. 447 or who
holds a dentist compact privilege under subch. II of ch.
447.