Wisconsin Legislative Council
ACT MEMO
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Prepared by: Steve McCarthy, Senior Staff Attorney February 7, 2024
2023 Wisconsin Act 88
[2023 Senate Bill 692]
Ratification of the Dentist and
Dental Hygienist Compact
2023 WISCONSIN ACT 88
2023 Wisconsin Act 88 ratifies and enters Wisconsin into the Dentist and Dental Hygienist Compact,
which allows a licensed dentist or dental hygienist in a compact member state to practice in another
member state under a “compact privilege,” without obtaining a license to practice in the other state. The
act applies only to an applicant for a compact privilege, and does not affect requirements for Wisconsin
licensure.
Compact Governance
The act enters Wisconsin into the Dentist and Dental Hygienist Compact Commission, which includes
one member or administrator of the licensure boards of each member state. The commission has
various powers and duties granted in the compact, including adopting bylaws, promulgating binding
rules for the compact, hiring employees, electing or appointing officers, and appointing committees.
The commission may levy on and collect an annual assessment from each member state or impose fees
on licensees of participating states when a compact privilege is granted to cover the cost of the
operations and activities of the commission and its staff.
The act provides for dispute resolution between member states and between member and nonmember
states, including a process for termination of a state’s membership in the compact if the state defaults
on its obligations under the compact. The compact provides that it may be amended upon the
enactment of an amendment by all member states. A state may withdraw from the compact by repealing
the statute authorizing the compact, but the compact provides that a withdrawal does not take effect
until 180 days after the effective date of that repeal.
Licensure
The act allows a dentist or dental hygienist to obtain a “compact privilege,” which allows a dentist or
dental hygienist to practice in another compact state, called a remote state, if he or she satisfies certain
criteria.
The compact specifies a number of requirements in order for a dentist or dental hygienist to exercise a
compact privilege, including holding a license in a home state, not having any encumbrances against a
license, and paying any fees and meeting any jurisprudence requirements that may be imposed by a
remote state.
Regulatory Oversight
A dentist or dental hygienist practicing in a remote state under a compact privilege functions within the
scope of practice authorized by the remote state for licensees in that state and is subject to that state’s
regulatory authority. - 2 -
A remote state may revoke or remove a dentist’s or dental hygienist’s compact privilege in the remote
state for a specific period of time, impose fines, and take any other necessary actions to protect the
health and safety of its citizens. If a dentist’s or dental hygienist’s license is encumbered, he or she loses
the compact privilege in all remote states until the license is no longer encumbered and again meets the
requirements for a compact privilege. If a dentist’s or dental hygienist’s compact privilege to practice in
a remote state is removed, he or she loses the compact privilege in any remote state and is not eligible
for a compact privilege in any remote state until the license is no longer encumbered.
In addition, the act does all of the following:
Allows member states’ licensure boards to conduct joint investigations of licensed individuals and to
issue subpoenas that are enforceable in other member states.
Creates a coordinated database and reporting system containing licensure and disciplinary action
information on dentists and dental hygienists. A member state must submit a uniform data set to
the data system on all individuals to whom the compact is applicable as required by the rules of the
commission.
Requires applicants for an initial license or privilege to practice to submit to be fingerprinted, and
requires an applicant’s fingerprint cards to be submitted to the state Department of Justice and the
Federal Bureau of Investigation for a criminal history background check.
Effective date: February 2, 2024. However, the compact itself becomes effective upon its enactment
in seven states. The act makes Wisconsin the fourth state to ratify the compact.
For a full history of the bill, visit the Legislature’s bill history page.
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