Rule-Making Notices
Notice of Hearing
Safety and Professional Services —
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Wisconsin Dentistry Examining Board, will hold a public hearing at the time and place indicated below to consider an order adopting permanent rules to amend sections
DE 2.03 (1) (intro.)
,
(a)
,
(2)
,
(3)
,
(5) (a) (intro.)
, and
(b)
; and to create sections
DE 2.03 (1) (d)
,
(4)
,
(5) (a) 4.
and Chapter
DE 13
, relating to licensure renewal and continuing education for dentists and dental hygienists.
Hearing Information
Date:
Wednesday, September 7, 2011
Time:
8:30 A.M.
Location:
1400 East Washington Avenue
Room 121A
Madison, WI 53703
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Even if you appear at the hearing in person, you are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by the date and time of the hearing to be included in the record of rule-making proceedings.
Submittal of Written Comments
Comments may be submitted to Kris Anderson, Paralegal, Department of Safety and Professional Services, Division of Board Services, 1400 E. Washington Ave., Room 151, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
Kristine1.Anderson@Wisconsin.gov
. Comments must be received on or before the date and time of the hearing to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Kris Anderson, Paralegal, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Kristine1.Anderson@wisconsin.gov
.
Analysis Prepared by Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of Statutory Authority
Section
15.08 (5) (b)
, Stats., requires that examining boards shall promulgate rules for their own guidance and for the guidance of the professions over which they have jurisdiction. Section
227.11 (2)
, Stats., permits an agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency. Section
447.02 (1) (f)
, Stats., authorizes the Wisconsin Dentistry Examining Board to promulgate rules regarding compliance with continuing education requirements under s.
447.056
, Stats. Sections
447.055 (6)
and
447.056 (5)
, Stats. authorizes the Dentistry Examining Board to require applicants for the renewal of licenses to practice dentistry and dental hygiene to submit proof of compliance with continuing education requirements.
Related rules or statutes
There are no related statutes or rules other than those listed above.
Plain language analysis
This rule-making proposal implements the continuing education (CE) requirements for dental hygienists established by the state legislature in 2005 Wis. Act 318 and for dentists in
2007 Wis. Act 31
. The dentistry examining board's proposal includes new ch.
DE 13
, setting forth specific rules and procedures respecting CE for both professions. The board also proposes changes to the licensure renewal rules for dentists and dental hygienists, found in s.
DE 2.03
, that are necessitated by the new continuing education requirements.
Comparison with federal regulations
There are no existing or proposed federal regulations.
Comparison with rules in adjacent states
Illinois:
The Illinois statutes require dentists to complete 48 hours of CE in courses relevant to the practice of dentistry during each triennial licensure renewal period. Dental hygienists must complete 36 hours each triennium. Licensure renewal applicants for both professions must submit an affidavit attesting to their compliance with the appropriate CE requirement. 225 ILCS 25/16.1. Under the Illinois Administrative Code, there is no CE requirement for new licensees applying for their first renewal. 68 Ill. Admin. Code 1220.440 a) 4). Persons who are licensed in a dental specialty need only complete the CE required for their general license. 68 Ill. Admin. Code 1220.440 a) 5). No more than 50% of the required CE hours for licensees of both professions may be acquired through correspondence courses. To receive credit for a correspondence course, the course must include a test on which the licensee achieves a passing grade. 68 Ill. Admin. Code 1220.440 b) 3). Licensees may earn credit for teaching CE programs or courses, but only once for the same program or course during a triennium. 68 Ill. Admin. Code 1220.440 b) 6). They may earn no more than 2 of the required credits for presenting volunteer community oral health education programs. 68 Ill. Admin. Code 1220.440 b) 7). Licensees may seek approval of an individual program or course not previously approved, including courses sponsored in other jurisdictions, prior to participation therein by application and payment of a $20 fee. 68 Ill. Admin. Code 1220.440 b) 9).
See
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1296&ChapterID=24
,
http://www.ilga.gov/commission/jcar/admincode/068/068012200D04400R.html
,
See also
http://www.idfpr.com/dpr/WHO/dent.asp
.
Iowa:
Iowa requires members of both the dentistry and dental hygiene professions to complete 30 hours of continuing education during each biennial licensure renewal period, except for the period of initial licensure. Section 272C.2, Iowa Code; Sections 650-14.1 (3), 25.2 (1), Iowa Admin. Code (IAC). All of the following rules thus apply to both professions. Licensees may earn CE credits for attending or presenting at a multiday, convention-type meeting held at a national, state, or regional level (maximum of 6 credits per biennium); postgraduate work in health sciences (15 credits per semester); completing Part II of the National Board Examination for dentists, or the National Board Examination for dental hygienists, or a recognized specialty examination (15 credits); self-study activities, including television viewing, video programs, interactive correspondence programs that require branching, navigation, participation and decision-making by the participant (maximum of 12 credits); teaching dental education (credit for same program only once per biennium, but teaching earns double credit); publishing scientific articles related to dentistry, dental hygiene, or dental assisting in a professional journal (5 credits per article, maximum of 20 per biennium); and other CE activities as approved by the board. Section 650-25.3 (4), IAC. The only mandatory programming is in child and/or dependent adult abuse reporting (2 hours every 5 years) and CPR certification (maximum of 3 credits per biennium). Sections 650-25.2 (9), (10), IAC. Licensees must keep records of courses they attend for 4 years after the end of the year of attendance. Section 650-25.2 (5). There is no carryover of credits from one biennium to another. Section 650-25.2 (8). Licensees may apply for approval of otherwise unapproved CE activities upon application and payment of a fee. Sections 650-25.3 (5), (6). The board may exempt licensees from the CE requirements for illness or disability. Section 650-25.2 (8). Exemptions will be granted for the other reasons set forth in s. 650-25.7 (2), including periods during which the licensee is on active duty in military service, is practicing in another jurisdiction in which the licensee meets that jurisdiction's CE requirements, is in government service assigned to duty outside the United States, and other periods as approved by the board. See
http://search.legis.state.ia.us/nxt/gateway.dll/ar/iac?f=templates&fn=default.htm
,
www.state.ia.us/dentalboard/con_ed.html
.
See also
http://www.state.ia.us/dentalboard/con_ed.html
.
Michigan:
Michigan dentists must complete 60 hours of CE per triennial licensure renewal period, twenty of which must be in programs directly related to clinical issues. Training for the required certification in basic or cardiac life support does not count toward the 60-hour CE requirement. Dental specialists must complete 20 hours in their specialty field. All licensees must complete one hour of pain and symptom management. One hour of credit equals 50-60 minutes of instruction. Licensees must keep records of their CE compliance for four years after the date of a renewal application. Sections R 338.11701 (2), (3), Mich. Admin. Code. Dentists may earn CE hours by completing courses approved by the Michigan Board of Dentistry offered for credit in a dental school or hospital-based specialty program; participating in a postgraduate dental clinical training program of at least 7 months (maximum of 20 credits per calendar year); attending CE programs approved by the Academy of General Dentistry's Program Approval for Continuing Education under its 2008 standards; developing and presenting a table clinical demonstration or a lecture in conjunction with a board-approved CE program (maximum of 10 hours for one program, and credit awarded only for the initial presentation); publishing an article in the journal of a school for dental-related professions or of a state or state-component dental-related professional association (12 credits per article); reading articles, viewing or listening to media other than on-line programs devoted to the dental professions (maximum of 10 credits); participating in board-approved on-line CE activities (maximum of 20 credits); completing an American board specialty examination (10 credits awarded); renewing a license in another state that has substantially equivalent CE requirements (60 credits awarded); attending a program approved by another state's dental board; or attending programs related to certain CE topics approved by the boards of medicine or osteopathic medicine (maximum of 30 credits). Section R 338.11703, Mich. Admin. Code. The board may waive the CE requirement for a dentist for one of the following four reasons: temporary disability, military service, absence from the continental United States, or other circumstance beyond the licensee's control that the board considers good and sufficient. All licensed dentists are otherwise subject to the CE requirement. See
http://www.state.mi.us/orr/emi/admincode.asp?AdminCode=Single&Admin_Num=33811101&Dpt=LG&RngHigh
=.
See also
http://www.michigan.gov/documents/mdch_dentist_cebroc_122701_7.pdf
.
Dental hygienists in Michigan must complete 36 hours of CE during each triennial licensure renewal period, 12 of which must be in programs directly related to clinical issues such as delivery of care, materials used in delivering care, and pharmacology. Training for the required certification in basic or cardiac life support does not count toward the 36-hour CE requirement. All hygienists must complete one hour of pain and symptom management, which may include, but are not limited to courses in behavior management, psychology of pain, pharmacology, behavior modification, stress management, clinical applications, and drug interactions. One hour of credit equals 50-60 minutes of instruction. Licensees must keep records of their CE compliance for four years after the date of a renewal application. Sections R 338.11704 (2), (3), Mich. Admin. Code. Activities that qualify for dental hygienists' CE credit are generally the same as those that qualify for dentists' CE. Where a specific number of credits is indicated for dentists, the number is pro-rated for dental hygienists, and hygienists do not have the options of participating in a postgraduate dental clinical training program, or completing a dental specialty examination. Sections R 338.11704a, Mich. Admin. Code. The same waiver principles that apply to dentists apply to dental hygienists, and all dental hygienists are otherwise subject to the CE requirement. See
http://www.state.mi.us/orr/emi/admincode.asp?AdminCode=Single&Admin_Num=33811101&Dpt=LG&RngHigh
,
http://www.michigan.gov/documents/mdch_rdh_rda_cebroc_122702_7.pdf
=. See also
http://www.michigan.gov/documents/mdch_rdh_rda_cebroc_122702_7.pdf
.
Minnesota:
Minnesota dentists and dental hygienists must satisfy professional development requirements during their initial and subsequent licensure renewal periods. The initial licensure period varies in the number of months depending on the date of an individual licensee's initial licensure; subsequent periods are for two years, also based on the date of initial licensure. Section 3100.5100, Subp. 1., Minn. Admin. Code. Dentists must complete 50, and dental hygienists 25, professional development hours (PDH's) per period. No carryover of PDH's from one renewal period to another is allowed. Licensees are required to maintain a professional development portfolio for record-keeping. Sixty percent of the required PDH's for both professions must be in fundamental activities directly related to the provision of clinical dental services: 30 hours for dentists, 15 for dental hygienists. A maximum of 40% of a licensee's required PDH's may be in elective activities directly related to, or supportive of, the practices of dentistry, dental hygiene, or dental assisting. The Minnesota Board of Dentistry may grant a time extension to a licensee for completion of his or her required PDH's upon finding sufficient extenuating circumstances. Section 3100.5100, Subp. 2., Minn. Admin. Code. Qualifying professional development activities include, but are not limited to continuing education, community services, publications, and career accomplishments throughout a licensee's professional life. The board categorizes all such activities as either fundamental or elective. Fundamental activities include, but are not limited to clinical subject programs pertaining to basic sciences or programs on the care and treatment of patients, core subject programs related to public safety and professionalism, CPR certification (mandatory for all licensees at every renewal), and a self-assessment examination (mandatory for all licensees during each renewal period). Core subjects include, but are not limited to infection control, record-keeping, ethics, patient communications, medical emergency management, and treatment and diagnosis. CPR certification courses must be equivalent to either the American Heart Association or the American Red Cross professional rescuer course. The board must approve other fundamental activities if any such activities are directly related to either a clinical or core subject as those terms are defined in the rules. Section 3100.5100, Subp. 3. A., Minn. Admin. Code. Elective activities include attendance at a multiday state or national dental convention (maximum three credits per biennium); volunteerism or community service directly related to a dental profession practice; self-study of subjects directly related to a dental profession practice; and scholarly activities such as teaching a dental profession course, presenting a table clinic, publishing a dental article in a recognized publication, participating in test construction for a state or nationally recognized dental organization, or participating in an accredited institution's scientific dental research or in an evidence-based clinical study. The board must approve other elective activities if any such activity is directly related to, or supportive of, the practice of one of the dental professions. Section 3100.5100, Subp. 3. B., Minn. Admin. Code. Licensees must keep the records of their completion of professional development activities for at least one renewal period past the period in which the PDH's for such activities were earned. Section 3100.5100, Subp. 5., Minn. Admin. Code. See
https://www.revisor.mn.gov/statutes/?id=150A
,
https://www.revisor.mn.gov/rules/?id=3100
,
See also
http://www.dentalboard.state.mn.us/
.
Summary of data and analytical methodologies
The Dentistry Examining Board reviewed the statutory requirements for continuing education for both dentists and dental hygienists and worked to clarify precisely what is required for licensees and what qualifies for continuing education in Wisconsin. Additionally, the board clarified renewal requirements with regard to continuing education.
Analysis and supporting documentation used to determine effect on small business
Section
227.137
, Stats., requires an "agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an "agency" in this section.
Small Business Impact
These proposed rules were reviewed by the department's Small Business Review Advisory Committee. It was determined the rules will not have a significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats. The Department's Regulatory Review Coordinator may be contacted by email at
John.Murray@Wisconsin.gov
, or by calling 608-266-8608.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Kris Anderson, Paralegal, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2385; email at
Kristine1.Anderson@Wisconsin.gov
.
Notice of Hearing
Safety and Professional Services —
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Wisconsin Dentistry Examining Board, will hold a public hearing at the time and place indicated below to consider an order adopting permanent rules to amend sections
DE 1.02 (2)
,
2.015 (1) (c)
,
(2) (a)
,
(b)
,
(3)
,
(4)
, and section
DE 2.04 (1) (e)
, and to repeal the Note following section
DE 1.02 (2)
, relating to the active practice of dentistry, specialty certification, and faculty licenses.
Hearing Information
Date:
Wednesday, September 7, 2011
Time:
8:30 A.M.
Location:
1400 East Washington Avenue
Room 121A
Madison, WI 53703
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Even if you appear at the hearing in person, you are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by the date and time of the hearing to be included in the record of rule-making proceedings.
Submittal of Written Comments
Comments may be submitted to Kris Anderson, Department of Safety and Professional Services, Division of Board Services, 1400 E. Washington Ave., Room 151, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email:
Kristine1.Anderson@Wisconsin.gov
. Comments must be received on or before the date and time of the public hearing to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Kris Anderson, Paralegal, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Kristine1.Anderson@wisconsin.gov
.
Analysis Prepared by Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of Statutory Authority
Section
15.08 (5) (b)
, Stats., requires that examining boards shall promulgate rules for their own guidance and for the guidance of the professions over which they have jurisdiction. Section
227.11 (2)
, Stats., permits an agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency. Section
447.04 (1)
, Stats., authorizes the Wisconsin dentistry examining board to grant a license to practice dentistry to any individual who meets the requirements set forth in that subsection.
Related rules or statutes
There are no other related statutes or rules beyond those indicated above.
Plain language analysis
The dentistry examining board believes that its existing rules create barriers to licensing dentists. Currently, the board's active practice rule does not recognize residency training as a qualifying activity for active practice in endorsement licensure, but the rule does count hours spent in private practice and clinical instruction at a dentistry school accredited by the American Dental Association. The board therefore proposes to change the definition of active practice in s.
DE 1.02 (2)
to include years spent in postgraduate dental residency training as qualifying for active practice hours for licensure by endorsement.
Next, the dentistry examining board proposes to amend s.
DE 2.015
to extend the faculty license opportunities currently available for prospective faculty members at Marquette University School of Dentistry to prospective faculty members at accredited institutions in Wisconsin that teach dentistry to post-graduate residents.
Lastly, the dentistry examining board will continue to accept board certification in an accredited specialty to meet the requirements of licensure by endorsement. However, the dentistry examining board proposes to repeal the requirement in s.
DE 2.04 (1) (e)
that specialty certification must have been obtained within the 10 years preceding a licensure application, as the board has determined it is not necessary to restrict the time for acquiring the board certification.
Comparison with federal regulations
There are no federal regulations regarding the licensure of dentists.
Comparison with rules in adjacent states
Illinois:
Applicants for dentistry licensure by endorsement in Illinois must have been "lawfully engaged in the practice of dentistry
…
for at least 3 of the 5 years immediately preceding the filing of his or her application
…
." For purposes of endorsement licensure, the practice of dentistry includes the practice of a licensed dental specialty. An applicant may also count time spent practicing dentistry in the military service, if such service was within the immediately preceding 5 years. 225 ILCS 25/19. 68 Ill. Admin. Code 1120.410 a).
Applicants for licensure in a dental specialty must have passed an examination for specialty licensure within 3 years prior to specialty licensure. 68 Ill. Admin. Code 1220.320 e).
Persons with full-time appointments to teach dentistry at an approved dental school or hospital situated in Illinois may receive, without examination, a restricted faculty dentistry license. 225 ILCS 25/11 (d).
Iowa:
The Iowa statutes permit licensure of dentists "by credentials" for applicants licensed to practice dentistry in another state, territory, or district of the United States. Such applicants must have been engaged in the legal practice of dentistry in the jurisdiction in which they were licensed for the three consecutive years immediately preceding their application for Iowa licensure. Iowa Code s.
153.21
. The statutory definition of the "practice of dentistry" does not preclude practice in the United States military service. Iowa Code s.
153.13
.
Neither the Iowa statutes, nor its administrative rules make any reference to certification in a dental specialty in the context of application for licensure by credentials.
Under s.
153.37
, Iowa Code, the Iowa dental board may issue a permit to practice dentistry within a college of dentistry and its affiliated teaching facilities to a faculty member of such college who is not otherwise a licensed Iowa dentist. Section 650-13.2 (1), Iowa Admin. Code, specifies that "[t]he board may issue a faculty permit entitling the holder to practice dentistry
…
as a faculty member within the University of Iowa College of Dentistry
…
and affiliated teaching facilities."
Michigan:
Michigan applicants for licensure as a dentist by endorsement do not have to have been practicing in the endorsing state for any minimum amount of time. However, if the applicant has practiced in the other jurisdiction for less than 5 years, and had taken a regional or state examination administered by an entity other than the North East Regional Board of Dental Examiners (NERB), he or she must arrange to have the examination taken evaluated by the Michigan Board of Dentistry for a determination of equivalency to NERB. If the dentistry board finds non-equivalency, the applicant will be required to pass all or part of the NERB examination for Michigan licensure. Michigan Admin. Code R 338.11255 (2) (f).
An applicant for specialty licensure by endorsement must first obtain a license to practice general dentistry. Thus, the foreign-jurisdiction specialty license must meet the requirements for a general dentistry license in Michigan to be used as the basis for endorsement licensure. The new licensee may then use his or her foreign-jurisdiction specialty certification to apply for specialty licensure by endorsement in Michigan. R 338.11267 (1).
Minnesota:
An applicant for dentistry licensure by credentials in Minnesota may become licensed in Minnesota based on his or her performance record if, among other things, the applicant has been in active practice at least 2,000 hours within 36 months of the application date. Section 150A.06, Subd. 4. (a) (1), Minn. Stats. The Minnesota administrative rules provide that the active practice of dentistry in United States government service may also count toward the hours requirement for licensure by credential. Section 3100.1400 A., Minnesota Admin. Rules.
Applicants for general dentistry licensure by credentials may not count specialty practice hours toward the 2,000 active practice requirement. However, licensure in a dental specialty in Minnesota does not require a general dentistry license first. Section 150A.06, Subd. 1c., Minn. Stats. Thus, an applicant for licensure by credentials as a dental specialist may count time spent in active dental specialty practice in another jurisdiction or a postdoctoral specialty education program or United States government service toward the hours requirement. Section 150A.06, Subd. 1c. (b) (3).
To practice dentistry in a school of dentistry, a faculty member must hold either a "limited faculty license," or a "full faculty license." Section 150A.06, Subd. 1a. (a), Minn. Stats. The board of dentistry may issue such licenses to faculty members of a Minnesota school of dentistry accredited by the Commission on Dental Accreditation of the American Dental Association. Sections 150A.06, Subd. 1a. (a), (b), Minn. Stats.
https://www.revisor.mn.gov/statutes/
.
Summary of data and analytical methodologies
The dentistry examining board seeks to remove some unnecessary roadblocks to licensure for dentists. Allowing residency hours to count as active practice hours for licensure by endorsement and allowing board certification, regardless of when obtained, to count in meeting the requirements of licensure by endorsement will make licensure easier for endorsement candidates. Additionally, medical institutions which teach dentistry in post-graduate residency training programs have been requesting for years that the faculty license be extended to other institutions which train dental residents, beyond the Marquette University School of Dentistry. This rule clarifies that faculty licenses may be issued to individuals with job offers from institutions with post-graduate residency training programs and clarifies that the safeguards associated with the faculty license apply to those institutions as well. This change will allow more candidates to obtain a faculty license.
Analysis and supporting documentation used to determine effect on small business
Section
227.137
, Stats., requires an "agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an "agency" in this section.
Small Business Impact
These proposed rules were reviewed by the department's Small Business Review Advisory Committee on May 19, 2011. It was determined the rules will not have a significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats. The Department's Regulatory Review Coordinator may be contacted by email at
John.Murray@Wisconsin.gov
, or by calling 608-266-8608.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
For copies of, or questions about this rule-making proposal, please contact Kris Anderson, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 116, P.O. Box 8935, Madison, Wisconsin 53708; telephone: 608-261-2385; email:
Kristine1.Anderson@Wisconsin.gov
.
Notice of Hearing
Safety and Professional Services —
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Wisconsin Dentistry Examining Board, will hold a public hearing at the time and place indicated below to consider an order adopting permanent rules to amend sections
DE 2.03 (1) (b)
,
(5) (a) 2.
,
2.04 (1) (g)
,
(h)
,
(2) (a)
,
(g)
,
(h)
,
6.02 (4) (c)
,
7.03 (2)
,
7.05 (2) (a)
, and to create section
DE 2.03 (1) (c)
,
(5) (a) 3.
, relating to CPR training for licensure renewal for dentists and dental hygienists and related to certification of dental hygienists to administer local anesthesia, and unprofessional advertising for dentists.
Hearing Information
Date:
Wednesday, September 7, 2011
Time:
8:30 A.M.
Location:
1400 East Washington Avenue
Room 121A
Madison, WI 53703
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Even if you appear at the hearing in person, you are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by the date and time of the hearing to be included in the record of rule-making proceedings.
Submittal of Written Comments
Comments may be submitted to Kris Anderson, Department of Safety and Professional Services, Division of Board Services, 1400 E. Washington Ave., Room 151, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
Kristine1.Anderson@Wisconsin.gov
. Comments must be received on or before the date and time of the hearing to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Kris Anderson, Paralegal, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Kristine1.Anderson@wisconsin.gov
.
Analysis Prepared by Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of Statutory Authority
Section
15.08 (5) (b)
, Stats., requires that examining boards shall promulgate rules for their own guidance and for the guidance of the professions over which they have jurisdiction. Section
227.11 (2)
, Stats., permits an agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency.
Related rules or statutes
There are no related statutes or rules other than those listed above.
Plain language analysis
The proposed rules make it clear that individuals renewing on a timely basis, renewing late, those seeking licensure by endorsement, or those seeking certification as a dental hygienist permitted to administer local anesthesia must provide proof of proficiency in cardiopulmonary resuscitation from a course provider approved by the Wisconsin department of health services. The proposed rule changes also clarify what is considered a specialty that may be advertised by dentists.
Comparison with federal regulations
There are no related statutes or rules other than those listed above.
Comparison with rules in adjacent states
Illinois:
Dentists in Illinois are not required to have certification in CPR for licensure. However, s. 225 ILCS 25/8.1 b) 4) provides that no dentist may administer general anesthesia, deep sedation, or conscious sedation without a permit for such purposes from the Illinois department of professional regulation. The Illinois statutes do require dental hygienists to hold current certification in CPR for licensure. 225 ILCS 25/13 (4). Dental hygienists may count their CPR certification training toward their continuing education requirements for renewal. 225 ILCS 25/16.
The statutes permit dental hygienists to administer local anesthetics upon successful completion of a training program approved by the department. 225 ILCS 25/18 a) (vi). Illinois's administrative rules specify that applicants for initial and renewal licensure as a dental hygienist must show current certification in Basic Life Support for Healthcare Providers (BLS), or its equivalent, from the American Red Cross, the American Heart Association or an equivalent agency unless physically disabled. 68 Ill. Admin. Code 1220.200 (d), 1220.270 a) 2).
Iowa:
Applicants for licensure as either a dentist or dental hygienist in Iowa must show current certification in CPR in a nationally recognized course. Section
153.15
A 1. b., Iowa Code; Sections 650-11.2 (2) i., 11.3 (2) i. To renew either type of license, the licensee must have current CPR certification in a nationally recognized course, and such courses must include a clinical component. Section 650—14.1 (4). Dental hygienists may only administer local anesthesia as delegated by, and under the direct supervision of a licensed dentist. Sections 650-10.3 (1) e., 10.3 (4).
Per the Iowa Dental Board website, examples of nationally recognized CPR certification providers are the American Heart Association and the Red Cross. The Board has prohibited CPR certification from online or other homestudy courses. Eligible CPR certifications courses must include a clinical component.
http://www.state.ia.us/dentalboard/da.html
While Iowa does not issue licenses for specialty dentistry, an individual may represent him or herself as a specialist in the areas of dental public health, endodontics, oral and maxillofacial pathology, radiology, or surgery, orthodontics, pediatric dentistry, periodontics, or prosthodontics if the requirements for any such specialty, as set forth in ss. 650-28.2 to 28.10, Ill. Admin. Code, are met. Section 650-28.1, Ill. Admin. Code. No dentist may state or imply that he or she is certified as a specialist when that is not the case. Nor may a dentist use the terms "specialist," specializing in," or other similar terms in connection with areas not recognized as specialties under ch.
650
-
28
, Ill. Admin. Code when representing him or herself to the public. Section 650-26.4 (2). See
http://search.legis.state.ia.us/nxt/gateway.dll/ic?f=templates&fn=default.htm
.
Michigan:
Michigan does not require CPR certification for initial licensure of dentists or dental hygienists. However, applicants for renewal of either type of license must hold current certification in basic or advanced cardiac life support from an agency or organization that grants certification pursuant to standards substantially equivalent to the standards adopted elsewhere in the administrative code. Sections R 338.11701 (2), 11704 (2), Mich. Admin. Code. The Michigan Board of Dentistry has adopted by reference the standards for certification in basic and advanced cardiac life support for professional providers set forth by the American Heart Association in its 2005 "Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiovascular Care." Section R 338.11705 (5), Mich. Admin. Code. Dental hygienists may only administer local anesthesia to a patient over 18 years of age and may only do so if they are under the direct supervision of a dentist, have successfully completed an approved course, successfully completed an examination within 18 months of completion of that course, and hold a current certification in basic or advanced cardiac life support. Section R 388.11409 (1) (b), Mich. Admin. Code.
Michigan issues specialty licenses in the areas of oral and maxillofacial surgery, orthodontics or orthodontics and dentofacial orthopedics, prosthodontics, periodontics, pediatric dentistry, endodontics, and oral pathology or oral and maxillofacial pathology. Section R 388.11501 (1) (a-g), Mich. Admin. Code. A dentist who is not licensed as a specialist shall not announce or hold himself out to the public as limiting his practice to, as being specially qualified in, or giving special attention to, any of the recognized specialties. Section R 388.11525 (1), Mich. Admin. Code. See
http://www.state.mi.us/orr/emi/admincode.asp?AdminCode=Single&Admin_Num=33811101&Dpt=LG&RngHigh
=
.
Minnesota:
Minnesota requires dentists to hold a current CPR certification for initial licensure only if the dentist wishes to administer anesthesia, deep sedation, or moderate sedation. Minn. R. 3100.3600 (2) (a) (4). Dental hygienists are not required to hold a current CPR certification for initial licensure. All dentists and hygienists must complete a CPR certification course equivalent to the American Heart Association healthcare provider course or the American Red Cross professional rescuer course, and must hold a current CPR certificate for renewal of licensure. Minn. R. 3100.5100 (3) (A) (3). A dental hygienist may administer local anesthesia without the dentist being present in the dental office or on the premises if the procedure is performed with prior knowledge and consent of the dentist. Before administering local anesthesia, a dental hygienist must have successfully completed an accredited didactic and clinical program. Minn. R. 3100.8700 (1) (J).
Minnesota grants special dentistry licenses in the areas recognized by the American Dental Association. Minn. Stats. 150A.06 (1c) (a). Minnesota also recognizes special areas of dentistry that are suitable for advertising, which are endodontics, oral and maxillofacial surgery, oral pathology, orthodontics, pediatric dentistry, periodontics, prosthodontics, and public health. Minn. R. 3100.7000 (1). In order to advertise as a specialist, a licensed dentist must comply with the requirements of Minn. R. 3100.7000 (2). If those requirements are not met, a dentist may still practice as a specialist, but may not use the terms "specialist," "specialty," "specializing," or "limited to" in advertising, and all advertising must state that the services are being provided by a general dentist. Minn. R. 3100.7000 (3).
Summary of data and analytical methodologies
The Dentistry Examining Board considered the requirements for CPR and seeks to clarify the CPR requirements for licensing and certification and to rely on the Wisconsin Department of Health Services to determine qualified providers of CPR training. Additionally, the board considered acceptable advertising for dental specialties and decided to limit specialty advertising to those approved by a national organization, the American Dental Association Commission on Dental Accreditation (CODA).
Analysis and supporting documentation used to determine effect on small business
Section
227.137
, Stats., requires an "agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an "agency" in this section.
Small Business Impact
These proposed rules were reviewed by the department's Small Business Review Advisory Committee on May 19, 2011. It was determined the rules will not have a significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats. The Department's Regulatory Review Coordinator may be contacted by email at
John.Murray@Wisconsin.gov
, or by calling 608-266-8608.
Fiscal Estimate
The department estimates that this rule will require staff time in the Division of Enforcement. The total on-going salary and fringe costs are estimated at $36,460.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Kris Anderson, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2385; email at
Kristine1.Anderson@Wisconsin.gov
.
