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).
