447.06 Practice limitations.

1,073 words·~5 min read·/wi/chapter-447/447-06-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 that violates the professional standards for dentistry or dental therapy set forth in this 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 or dental therapy set forth in this subchapter.

(1g)No contract of employment entered into between a dentist and any other party under which the dentist is employed to practice dentistry may require a dentist to meet a minimum quota for the number of patients seen or the number of procedures performed.

(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.

(1r)No contract of employment entered into between a dental hygienist and any other party under which the dental hygienist is employed to practice dental hygiene may require a dental hygienist to meet a minimum quota for the number of patients seen or the number of procedures performed.

(a)A hygienist may practice dental hygiene or perform remediable procedures only as an employee or as an independent contractor and only as follows:

1. In a dental office.

2. For a school board, a governing body of a private school, as defined in s. 115.001

(3d), or a governing body of a tribal school, as defined in s. 115.001

(15m).

3. For a school for the education of dentists, dental therapists, or dental hygienists.

4. For a state or federal prison, county jail or other federal, state, county or municipal correctional or detention facility, or a facility established to provide care for terminally ill patients.

5. For a local health department, as defined in s. 250.01

(4).

6. For a charitable institution open to the general public or to members of a religious sect or order.

7. For a nonprofit home health care agency.

8. For a nonprofit dental care program serving primarily indigent, economically disadvantaged or migrant worker populations.

9. At a facility, as defined in s. 50.01

(1m), an adult family home certified under s. 50.032 or licensed under s. 50.033 , an adult day care center, as defined in s. 49.45

(a), a community rehabilitation program, a hospital, as defined in s. 50.33

(2), or a facility that is primarily operated to provide outpatient medical services.

(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 present in the facility in which those practices or procedures are performed, except as provided in par.

(c).

(c)A dental hygienist may practice dental hygiene or perform remediable procedures under par.

(a)1. if a dentist or dental therapist is not present in the facility in which those practices or procedures are performed only if all of the following conditions are met:

1. The dental hygiene practices or remediable procedures are performed under a written or oral prescription.

2. The dentist or dental therapist who made the written or oral prescription has examined the patient at least once during the 12-month period immediately preceding:

a. The date on which the written or oral prescription was made; and

b. The date on which the dental hygiene practices or remediable procedures are performed.

3. The written or oral prescription specifies the practices and procedures that the dental hygienist may perform with the informed consent of the patient or, if applicable, the patient’s parent or legal guardian.

(d)A dental hygienist may not diagnose a dental disease or ailment, determine any treatment or any regimen of any treatment outside of the scope of dental hygiene, prescribe or order medication or perform any procedure that involves the intentional cutting of soft or hard tissue of the mouth by any means.

(e)Pursuant to a treatment plan approved by a dentist, a dental hygienist may administer 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:

1. Oral systemic premedications specified by the examining board by rule.

2. If the dental hygienist is certified under s. 447.04

3. Subgingival sustained release chemotherapeutic agents specified by the examining board by rule.

4. If the dental hygienist is certified under s. 447.04

(d)1. , nitrous oxide inhalation analgesia.

(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

(ad).

3. “Direct supervision” means that the dentist is present in the dental office or other practice setting, personally 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 performed by the dental therapist, but that the tasks or procedures performed by the dental therapist are being performed 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. “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.