Wis. Admin. Code DE — Dentistry Examining Board

Chapter DE 1 AUTHORITY AND DEFINITIONS

Wis. Admin. Code § DE 1.01 Authority {#sec-de-1.01 omnilex-key=us-wi-regs-official--agency-de--DE 1.01}

The provisions in chs. DE 1 to 17 are adopted pursuant to authority in ss. 15.08 (5) and 227.11 (2) (a), Stats., and ch. 447, Stats.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; am. Register, August, 1991, No. 428, eff. 9-1-91; EmR2304: emerg. am., eff. 3-1-23; CR 23-051: am. Register June 2024 No. 822, eff. 7-1-24; EmR2410: emerg. am., eff. 7-26-24; CR 24-094: am. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 1.02 Definitions {#sec-de-1.02 omnilex-key=us-wi-regs-official--agency-de--DE 1.02}

As used in rules of the dentistry examining board:

(1) “Accredited” means accredited by the American dental association commission on dental accreditation or its successor agency.

(3) “Board” means the dentistry examining board.

(4g) “Dental therapist” means an individual who practices dental therapy.

(4r) “Dental therapy” means the limited practice of dentistry, consisting of the services, treatments, and procedures specified in s. 447.06 (3) (b), Stats., and s. DE 17.02 (1).

(5) “Department” means the department of safety and professional services.

(7) “Practice of dental hygiene” means the application of skills to render educational, preventive and therapeutic services not in conflict with the practice of dentistry as defined in s. 447.01 (8), Stats.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; am. (intro.), renum. (1) to (7) to be (2) to (8) and am. (2), cr. (1), Register, August, 1991, No. 428, eff. 9-1-91; am. (4) and r. (6) and (8), Register, April, 1999, No. 520, eff. 5-1-99; CR 09-007: renum. (1) to be (1m), cr. (1) Register October 2009 No. 646, eff. 11-1-09; correction in (5) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; CR 11-034: am. (2) Register July 2012 No. 679, eff. 8-1-12; correction in (7) under s. 13.92 (4) (b) 7., Stats., Register July 2012 No. 679; CR 17-068: r. (1m), (2), (4) Register August 2019 No. 764, eff. 9-1-19; EmR2410: emerg. cr. (4g), (4r), eff. 7-26-24; CR 24-094: cr. (4g), (4r) Register July 2025 No. 835, eff. 8-1-25.

Chapter DE 2 LICENSURE

Wis. Admin. Code § DE 2.005 Testing service requirements {#sec-de-2.005 omnilex-key=us-wi-regs-official--agency-de--DE 2.005}

A dental, dental therapy, or dental hygiene testing service may be approved if all the testing service's exams meet all of the following requirements:

(1) Test clinical knowledge.

(2) Include a practical component on application of the basic principles utilizing live human patients or simulated patients.

History

CR 17-068: cr. Register August 2019 No. 764, eff. 9-1-19: correction in (2) made under s. 35.17, Stats., Register August 2019 No. 764; EmR2410: emerg. am. (title), (intro), eff. 7-26-24; CR 24-094: am. (title), (intro) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 2.01 Application for license {#sec-de-2.01 omnilex-key=us-wi-regs-official--agency-de--DE 2.01}

(1) An applicant for license as a dentist shall submit all of the following to the board:

(a) An application on a form approved by the board.

(d) Evidence of successful completion of an examination on the statutes and rules relating to dentistry.

(e) Evidence satisfactory to the board of having graduated from an accredited dental school.

(f) Verification from the Joint Commission on National Dental Examinations or other board-approved professional testing services of successful completion of an examination.

(g) Verification from a board-approved testing service of successful completion of an examination taken within one year immediately preceding application.

(h) Evidence satisfactory to the board the applicant has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved by the Wisconsin department of health services.

Note: Instructions for applications are available on the department of safety and professional services’ website at http://dsps.wi.gov or by calling (608) 266-2112.

(1m) An applicant for a license as a dentist who is a graduate of a foreign dental school shall submit all of the following to the board:

(a) Evidence satisfactory to the board of having graduated from a foreign dental school.

(b) The information required in sub. (1) (a) to (d), (f) and (g).

(d) Evidence of one of the following:

Verification of having been awarded a DDS or DMD degree from an accredited dental school.
Verification of having received a dental diploma, degree or certificate from a full time, undergraduate supplemental dental education program of at least two academic years at an accredited dental school. The program must provide didactic and clinical education to the level of a DDS or DMD graduate.

(e) Evidence satisfactory to the board the applicant has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved by the Wisconsin department of health services.

(2) An applicant for license as a dental hygienist shall meet requirements in sub. (1) (a) through (d) and shall also submit to the board:

(a) Verification from the Joint Commission on National Dental Examinations or other board-approved professional testing service of successful completion of an examination on the basic principles of the practice of dental hygiene.

(b) Verification from a board-approved testing service of successful completion of an examination taken within one year immediately preceding application.

(d) Evidence satisfactory to the board the applicant has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved by the Wisconsin department of health services.

(3) An applicant for license as a dental therapist shall meet the requirements in sub. (1) (a) and (c) and shall also submit to the board all of the following:

(a) Evidence satisfactory to the board that the applicant has graduated from an accredited dental therapy education program or has satisfied other requirements in s. 447.04 (1m) (c), Stats.

Note: For all acceptable education requirements, see s. 447.04 (1m) (c), Stats.

(b) Evidence satisfactory to the board that the applicant has passed a national board dental therapy examination and a dental therapy clinical examination administered by a regional testing service that has been approved by the board to administer clinical examinations for dental professionals. If a national board examination or a regional testing service examination for dental therapy does not exist, the board shall accept evidence of passing an alternative examination administered by another entity or testing service that is approved by the board.

(c) Evidence of successful completion of an examination administered by the board on the statutes and rules relating to dental therapy.

(e) If applicable, information relating to the applicant’s licensure in other jurisdictions as required by the board.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; am. (1) (g), Register, May, 1984, No. 341, eff. 6-1-84; am. (1) (e), Register, March, 1988, No. 387, eff. 4-1-88; am. (1) (e) and (2) (intro.), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (intro.), (a), (c), (e), (f) and r. (1) (b), Register, April, 1999, No. 520, eff. 5-1-99; am. (1) (g), Register, June, 2001, No. 546, eff. 7-1-01; CR 09-007: am. (1) (e), cr. (1m) Register October 2009 No. 646, eff. 11-1-09; CR 15-013: r. (1m) (c), cr. (1m) (d) Register October 2015 No. 717, eff. 10-1-15; CR 17-068: am. (1) (d), (f), (g), cr. (1) (h), (1m) (e), am. (2) (a), (b), cr. (2) (c), (d) Register August 2019 No. 764, eff. 9-1-19; EmR2410: emerg. cr. (3), eff. 7-26-24; CR 24-094: cr. (3) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 2.013 Student supervision {#sec-de-2.013 omnilex-key=us-wi-regs-official--agency-de--DE 2.013}

A dental student under s. 447.03 (3) (a), Stats., a dental therapy student under s. 447.03 (3) (am), Stats., or a dental hygiene student under s. 447.03 (3) (b), Stats., is required to practice under the supervision of a dentist who is present in the facility in which the practice occurs.

History

CR 17-068: cr. Register August 2019 No. 764, eff. 9-1-19; correction made under s. 13.92 (4) (b) 7., Stats., Register August 2019 No. 764; EmR2410: emerg. am., eff. 7-26-24; CR 24-094: am. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 2.015 Faculty license {#sec-de-2.015 omnilex-key=us-wi-regs-official--agency-de--DE 2.015}

(1) The board shall grant a license to practice dentistry to an applicant who is licensed in good standing to practice dentistry in another jurisdiction approved by the board upon presentation of the license and who does all of the following:

(a) Submits an application on a form provided by the board.

(b) Pays the fee specified in s. 440.05 (2), Stats.

(c) Submits a written certification from an accredited post-doctoral dental residency training program or accredited school of dentistry in this state that the applicant has been offered employment as a full-time faculty member in that program or at that school of dentistry.

(d) Submits to any interview that the board may require that demonstrates, to the board’s satisfaction, that the applicant is competent to practice dentistry.

(e) Discloses all discipline which has ever been taken against the applicant in any jurisdiction.

(f) Submits evidence satisfactory to the board the applicant has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved by the Wisconsin department of health services.

(2) A license granted under sub. (1) authorizes the license holder to do all of the following:

(a) Practice dentistry only within the primary educational facility affiliated with an accredited post-doctoral dental residency training program or accredited school of dentistry in this state.

(b) Perform dental procedures that are incident to instruction while at a site affiliated with an accredited post-doctoral dental residency training program or accredited school of dentistry located in this state.

(3) A license granted under sub. (1) shall not be transferable to another accredited school of dentistry in this state or accredited post-doctoral dental residency training program without prior approval by the board.

(4) A license granted under sub. (1) is no longer in effect if the license holder ceases to be employed as a full-time faculty member at an accredited post-doctoral dental residency training program or accredited school of dentistry in this state. The license holder shall notify the board in writing within 30 days of the date on which his or her employment as a licensed faculty member under sub. (1) is terminated.

Note: Instructions for applications are available on the department of safety and professional services’ website at http://dsps.wi.gov or by calling (608) 266-2112.

History

CR 02-139: cr. Register December 2003 No. 576, eff. 1-1-04; CR 11-034: am. (1) (c), (2) (a), (b), (3), (4) Register July 2012 No. 679, eff. 8-1-12; CR 17-068: am. (1) (d), cr. (1) (f) Register August 2019 No. 764, eff. 9-1-19.

Wis. Admin. Code § DE 2.02 Duration of license {#sec-de-2.02 omnilex-key=us-wi-regs-official--agency-de--DE 2.02}

(1) Every person granted a license as a dentist shall be deemed licensed for the current biennial license period.

(2) Every person granted a license as a dental hygienist shall be deemed licensed for the current biennial license period.

(2m) Every person granted a license as a dental therapist shall be deemed licensed for the current biennial license period.

(3) Licensees shall qualify biennially for renewal of license.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; am. (2), Register, June, 1995, No. 474, eff. 7-1-95; am. Register, April, 1999, No. 520, eff. 5-1-99; EmR2410: emerg. cr. (2m), eff. 7-26-24; CR 24-094: cr. (2m) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 2.03 Biennial renewal {#sec-de-2.03 omnilex-key=us-wi-regs-official--agency-de--DE 2.03}

(1) Requirements for renewal; dentists. To renew a license a dentist shall, by October 1 of the odd-numbered year following initial licensure and every 2 years thereafter, file with the board all of the following:

(a) An application for renewal on a form prescribed by the department.

(b) The fee authorized by s. 440.08 (2), Stats.

(c) Evidence satisfactory to the board that the licensee has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator, achieved through instruction provided by an individual, organization, or institution of higher education approved by the Wisconsin department of health services.

(d) Except as provided in sub. (4), evidence satisfactory to the board of successful completion of the continuing education credit hours required under ch. DE 13.

(e) For licensees who hold any sedation permit under ch. DE 11, evidence satisfactory to the board of current certification in Advanced Cardiovascular Life Support or Pediatric Advanced Life Support. Pediatric Advanced Life Support is required if treating pediatric patients and is a sufficient certification by itself if the licensee is treating both pediatric and adult patients.

(2) Requirements for renewal; dental hygienists. A dental hygienist shall by October 1 of the odd-numbered year following initial licensure and every 2 years thereafter, meet the requirements for renewal specified in sub. (1) (a) to (d).

(2m) Requirements for renewal; dental therapists. A dental therapist shall, by October 1 of the odd-numbered year following initial licensure and every 2 years thereafter, meet the requirements for renewal specified in sub. (1) (a) to (d).

(3) Failure to meet requirements. A dentist, dental therapist, or dental hygienist who fails to meet the requirements under subs. (1) (a) to (d), (2), and (2m) by the renewal date shall cease and desist from dental, dental therapy, or dental hygiene practice.

(4) New licensees. Dentists, dental therapists, and dental hygienists are not required to satisfy the continuing education requirements under sub. (1) (d) for the first renewal period following the issuance of their initial licenses.

(5) Requirements for late renewal.

(a) A dentist, dental therapist, or dental hygienist who files an application for renewal of a license within 5 years after the renewal date may renew the license by filing with the board all of the following:

An application for renewal on a form prescribed by the department.
The fee as determined by the department under s. 440.03 (9) (a), Stats., plus the applicable late renewal fee authorized by s. 440.08 (3), Stats.
Evidence satisfactory to the board that the licensee has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator, achieved through instruction provided by an individual, organization, or institution of higher education approved by the department of health services.
Except as provided under sub. (4), evidence satisfactory to the board of successful completion of the continuing education credit hours required under ch. DE 13.
For licensees who hold any sedation permit under ch. DE 11, evidence satisfactory to the board of current certification in Advanced Cardiovascular Life Support or Pediatric Advanced Life Support. Pediatric Advanced Life Support is required if treating pediatric patients and is a sufficient certification by itself if the licensee is treating both pediatric and adult patients.

(b) This paragraph does not apply to dentists, dental therapists, or dental hygienists who have unmet disciplinary requirements. A dentist, dental therapist, or dental hygienist renewing the license after 5 years shall do all of the following:

Pay the renewal fee as determined by the department under s. 440.03 (9) (a), Stats., and the late renewal fee.
Submit evidence satisfactory to the board the applicant has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved by the Wisconsin department of health services.
Provide evidence of one of the following:

a. An active license in good standing in another state.

b. If a dentist or dental therapist, successful completion of a board approved testing service examination within one year of renewal.

c. If a dental hygienist, successful completion of a board approved testing service examination within one year of renewal.

d. Completion of a one year general practice residency within one year of renewal.

e. Completion of a clinical education program approved by the board.

For licensees who hold any sedation permit under ch. DE 11, evidence satisfactory to the board of current certification in Advanced Cardiovascular Life Support or Pediatric Advanced Life Support. Pediatric Advanced Life Support is required if treating pediatric patients and is a sufficient certification by itself if the licensee is treating both pediatric and adult patients.

(6) Reinstatement. A dentist, dental therapist, or dental hygienist who has unmet disciplinary requirements and failed to renew the license within 5 years or whose license has been denied at renewal, surrendered, or revoked may apply to have the license reinstated following submission of all of the following:

(a) Evidence of completion of the requirements in sub. (5) (b) if the license has not been active within 5 years.

(b) Evidence of completion of the disciplinary requirements, if applicable.

(c) Evidence of rehabilitation or change in circumstances that indicates reinstatement to practice will not constitute a danger to the public or a patient.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; correction in (6) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1986, No. 364; am. (1) (intro.), (b), (2), (5) (a) (intro.), 2., (b), (6) (intro.) and (7), r. (4), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (intro.), (2), Register, June, 1996, No. 486, eff. 7-1-96; am. (1) (b), (5) (a) 2. and (6) (b), Register, April, 1999, No. 520, eff. 5-1-99; CR 11-033: am. (1) (intro.), (a), cr. (1) (d), am. (2), (3), cr. (4), am. (5) (a) (intro.), 1., cr. (5) (a) 4. Register July 2012 No. 679, eff. 8-1-12.; CR 11-035: am. (1) (intro.), (a), cr. (1) (c), am. (5) (a) (intro.), 1., cr. (5) (a) 3. Register July 2012 No. 679, eff. 8-1-12; CR 17-068: am. (5) (title), (a) 2., r. and recr. (5) (b), (6), r. (7) Register August 2019 No. 764, eff. 9-1-19; correction in (5) (b) 1., (6) (a) made under s. 35.17, Stats., Register August 2019 No. 764; CR 23-041: cr. (1) (e), (5) (a) 5., (b) 4. Register April 2024 No. 820, eff. 5-1-24; EmR2410: emerg. cr. (2m), am. (3), (4), (5) (a) (intro.), (b) (intro.), 3. b., (6) (intro.), eff. 7-26-24; CR 24-094: cr. (2m), am. (3), (4), (5) (a) (intro.), (b) (intro.), 3. b., (6) (intro.) Register July 2025 No. 835, eff. 8-1-25; correction in (2m) made under s. 35.17, Stats., Register July 2025 No. 835.

Wis. Admin. Code § DE 2.035 Application procedure for service members, former service members, and their spouses {#sec-de-2.035 omnilex-key=us-wi-regs-official--agency-de--DE 2.035}

(1) In this section:

(a) “Former service member” has the meaning given in s. 440.09 (1) (a), Stats.

(b) “Service member” has the meaning given in s. 440.09 (1) (b), Stats.

(2) Each applicant for reciprocal licensure as a dentist, dental therapist, or dental hygienist shall submit all of the following:

(a) A completed application form with the signature of the applicant and date of signature.

Note: An application form is available from the Department of Safety and Professional Services by calling (608) 266-2112, or online at https://dsps.wi.gov.

(b) Fees as determined by the department under s. 440.05 (2), Stats.

(d) Documentation that the applicant is a service member, former service member, or the spouse of a service member or former service member. If an applicant is unable to provide the documentation, the applicant may submit an affidavit to the board stating that the applicant is a service member, former service member, or the spouse of a service member or former service member.

(e) Evidence that the applicant is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the applicant a license, certification, registration, or permit that qualifies the individual to perform acts authorized under a dentist, dental therapist, or dental hygienist license granted by the board.

(3) A license granted under this section expires on the renewal date specified in s. 440.08 (2) (a), Stats., except that if the first renewal date specified in s. 440.08 (2) (a), Stats., after the date on which the license is granted is within 180 days of the date on which the license is granted, the license expires on the 2nd renewal date specified in s. 440.08 (2) (a), Stats., after the date on which the license is granted.

History

CR 21-032: cr. Register January 2022 No. 793, eff. 2-1-22; correction in (2) (e) made under s. 35.17, Stats., Register January 2022 No. 793; EmR2410: emerg. am. (2) (intro.), (e), eff. 7-26-24; CR 24-094: am. (2) (intro.), (e) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 2.04 Endorsement {#sec-de-2.04 omnilex-key=us-wi-regs-official--agency-de--DE 2.04}

(1) The board may grant a license as a dentist to an applicant who holds a valid license in good standing issued by the proper authorities of any other jurisdiction of the United States or Canada upon payment of the fee as determined by the department under s. 440.03 (9) (a), Stats., and submission of evidence satisfactory to the board that all of the following conditions are met:

(a) The applicant has graduated from an accredited school of dentistry or the applicant has graduated from a foreign dental school and holds one of the following:

A DDS or DMD degree from an accredited dental school.
A dental diploma, degree or certificate from a full-time, undergraduate supplemental dental education program of at least 2 academic years at an accredited dental school. The program shall provide didactic and clinical education to the level of a DDS or DMD degree.

(b) The applicant submits a certificate from each jurisdiction in which the applicant is or has ever been licensed stating that no disciplinary action is pending against the applicant or the license, and detailing all discipline, if any, which has ever been imposed against the applicant or the license.

(e) The applicant has successfully completed a licensing examination that, in the board’s judgment, is substantially equivalent to an examination administered by a board-approved testing service, or, alternatively, has successfully completed a board specialty certification examination in a dental specialty recognized by the American Dental Association.

(f) The applicant has successfully completed a jurisprudence examination on the provisions of Wisconsin statutes and administrative rules relating to dentistry and dental hygiene.

(g) The applicant possesses a current certificate of current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator, achieved through instruction provided by an individual, organization, or institution of higher education approved by the Wisconsin department of health services.

(h) The applicant has disclosed all discipline which has ever been taken against the applicant in any jurisdiction shown in reports from the national practitioner data bank and the American Association of Dental Boards.

(i) The applicant has presented satisfactory responses during any personal interview with the board which may be required to resolve conflicts between the licensing standards and the applicant’s application.

(2) The board may grant a license as a dental hygienist to an applicant who holds a license in good standing issued by the proper authorities of any other jurisdiction of the United States or Canada upon payment of the fee as determined by the department under s. 440.03 (9) (a), Stats., and submission of evidence satisfactory to the board that all of the following conditions are met:

(a) The applicant has graduated from a school of dental hygiene accredited by the Commission on Dental Accreditation of the American Dental Association.

(b) The applicant submits a license from each jurisdiction in which the applicant is or has ever been licensed stating that no disciplinary action is pending against the applicant or the license, and detailing all discipline, if any, which has ever been imposed against the applicant or the license.

(d) The applicant has successfully completed an examination that, in the board’s judgment, is substantially equivalent to an examination administered by a board approved testing service.

(e) The applicant has successfully completed a jurisprudence examination on the provisions of Wisconsin statutes and administrative rules relating to dentistry and dental hygiene.

(g) The applicant possesses a current certificate of proficiency in cardiopulmonary resuscitation from a course provider approved by the Wisconsin department of health services.

(3) The board may grant a license as a dental therapist to an applicant who holds a valid license in good standing issued by the proper authorities of any other jurisdiction of the United States or Canada upon payment of the fee as determined by the department under s. 440.03 (9) (a), Stats., and submission of evidence satisfactory to the board that all of the following conditions are met:

(a) The applicant has graduated from an accredited dental therapy education program.

(c) The applicant has successfully completed a licensing examination that, in the board’s judgment, is substantially equivalent to an examination administered by a board approved testing service.

(d) The applicant has successfully completed a jurisprudence examination on the provisions of Wisconsin statutes and administrative rules relating to dental therapy.

(e) The applicant possesses a current certificate of proficiency in cardiopulmonary resuscitation from a course provider approved by the Wisconsin department of health services.

(f) The applicant has disclosed all discipline which has ever been taken against the applicant in any jurisdiction shown in reports from the national practitioner data bank and the American Association of Dental Boards.

(g) The applicant has presented satisfactory responses during any personal interview with the board which may be required to resolve conflicts between the licensing standards and the applicant’s application.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; renum. (1) (c) and (d), (2) (c) and (d) to be (1) (d) and (f), (2) (d) and (e) and am. (1) (f), (2) (d) and (e), am. (1) (e), cr. (1) (c) and (2) (c), Register, August, 1987, No. 380, 9-1-87; am. (1) and (2), cr. (1) (g) to (i) and (2) (f) to (i), Register, August, 1991, No. 428, eff. 9-1-91; emerg. r. and recr. (1) (ed), eff. 3-18-97; am. (1) (intro.), (c) (e), (2) (intro.), (c) and (d), Register, April, 1999, No. 520, eff. 5-1-99; CR 09-007: am. (1) (a) Register October 2009 No. 646, eff. 11-1-09; CR 11-034: am. (1) (e) Register July 2012 No. 679, eff. 8-1-12; CR 11-035: am. (1) (g), (h), (2) (a), (g), (h) Register July 2012 No. 679, eff. 8-1-12; CR 17-068: am. (1) (intro.), r. and recr. (1) (a), r. (1) (c), (d), am. (1) (e), (g), (2) (intro.), r. (2) (c), am. (2) (d), r. (2) (f) Register August 2019 No. 764, eff. 9-1-19; correction in (1) (a) 2., (e), (2) (d) made under s. 35.17, Stats., Register August 2019 No. 764; EmR2410: emerg. cr. (3), eff. 7-26-24; CR 24-094: cr. (3) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 2.05 Examination passing score {#sec-de-2.05 omnilex-key=us-wi-regs-official--agency-de--DE 2.05}

The score required to pass an examination shall be the recommended passing score of the examination provider.

History

Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 17-068: am. Register August 2019 No. 764, eff. 9-1-19.

Chapter DE 3 PRACTICE OF DENTAL HYGIENE

Wis. Admin. Code § DE 3.01 Supervision {#sec-de-3.01 omnilex-key=us-wi-regs-official--agency-de--DE 3.01}

A dental hygienist shall practice under the supervision of a licensed dentist or dental therapist in a dental facility or a facility specified in s. 447.06 (2), Stats., if applicable.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; correction made under s. 13.93 (2m) (b) 7., Stats., Register August 2006 No. 608; EmR2410: emerg. am., eff. 7-26-24; CR 24-094: am. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 3.02 Practice of dental hygiene {#sec-de-3.02 omnilex-key=us-wi-regs-official--agency-de--DE 3.02}

(1)

(a) This subsection applies to a dental hygienist who is practicing dental hygiene or performing remediable procedures as an employee or as an independent contractor in a dental office.

(am) In this subsection:

“Direct supervision” has the meaning given in s. DE 17.01 (2).
“Supervising dentist” has the meaning given in s. DE 17.01 (6).

(b) A dental hygienist may practice dental hygiene or perform remediable procedures only as authorized by a licensed 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 if a licensed 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:

The dental hygiene practices or remediable procedures are performed under a written or oral prescription.
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 all of the following:

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

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

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) Pursuant to the requirements under s. 447.065 (2), Stats., and subject to the requirements under this subsection, a dental therapist may delegate to a dental hygienist the performance of remediable procedures only if all of the following conditions are met:

The supervising dentist has allowed the dental therapist to perform the specific remediable procedure within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats.
The supervising dentist has expressly allowed the dental therapist to delegate the specific remediable procedure within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats.
The dental therapist has the authority to perform the specific remediable procedure personally, pursuant to the requirements under s. 447.06 (3) (bm) 1. and 2., Stats.
The dental hygienist remains under the direct supervision of the dental therapist for the duration of the procedure.

(e) The dental therapist and the dental therapist’s supervising dentist shall be responsible for any services, treatments, or procedures delegated and performed under par. (d).

(2)

(a) This subsection applies to a dental hygienist who is practicing dental hygiene or performing remediable procedures as an employee or as an independent contractor as follows:

For a school board, a governing body of a private school, as defined in s. 115.001 (3d), Stats., or a governing body of a tribal school, as defined in s. 115.001 (15m), Stats.
For a school for the education of dentists, dental therapists, or dental hygienists.
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.
For a local health department, as defined in s. 250.01(4), Stats.
For a charitable institution open to the general public or to members of a religious sect or order.
For a nonprofit home health care agency.
For a nonprofit dental care program serving primarily indigent, economically disadvantaged or migrant worker populations.
At a facility, as defined in s. 50.01 (1m), Stats., an adult family home certified under s. 50.032, Stats. or licensed under s. 50.033, Stats., an adult day care center, as defined in s. 49.45 (47) (a), Stats., a community rehabilitation program, a hospital, as defined in s. 50.33 (2), Stats., or a facility that is primarily operated to provide outpatient medical services.

(b) A dental hygienist may only practice dental hygiene, as defined in s. 447.01 (3), Stats., or perform remediable procedures, as defined in s. 447.01 (12), Stats.

History

CR 17-068: r. and recr. Register August 2019 No. 764, eff. 9-1-19; correction in (2) (b) made under s. 35.17, Stats., Register August 2019 No. 764; EmR2410: emerg. cr. (1) (am), am. (1) (b), (c) (intro.), 2. (intro.), cr. (1) (d), (e), am. (2) (a) 2., eff. 7-26-24; CR 24-094: cr. (1) (am), am., (1) (b), (c) (intro.), 2. (intro.), cr. (1) (d), (e), am. (2) (a) 2. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 3.03 Prohibited practices {#sec-de-3.03 omnilex-key=us-wi-regs-official--agency-de--DE 3.03}

A dental hygienist may not do any of the following:

(1) Diagnose a dental disease or ailment.

(2) Determine any treatment or any regimen of any treatment outside of the scope of dental hygiene.

(3) Prescribe or order medication or radiographs.

(4) Perform any procedure that involves the intentional cutting of soft or hard tissue of the mouth by any means.

(5) Administer nitrous oxide inhalation, except as provided in ch. DE 15.

(6) Administer injectable local anesthesia, except as provided in ch. DE 7.

History

CR 17-068: r. and recr. Register August 2019 No. 764, eff. 9-1-19; correction in (3) made under s. 35.17, Stats., Register August 2019 No. 764; CR 23-066: am. (6) Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § DE 3.04 Oral systemic premedications and subgingival sustained release chemotherapeutic agents {#sec-de-3.04 omnilex-key=us-wi-regs-official--agency-de--DE 3.04}

(1) “Oral systemic premedications” means antibiotics that are administered orally to patients prior to providing dental or dental hygiene services in order to mitigate against the risk of patients developing a bacterial infection.

(2) “Subgingival sustained release chemotherapeutic agents” means antibiotics that are applied in periodontal pockets to treat periodontal disease.

(2m) In this section, “supervising dentist” has the meaning given in s. DE 17.01 (6).

(3) A dentist may delegate to a dental hygienist the administration of oral systemic premedications and subgingival sustained release chemotherapeutic agents to patients only if all of the following conditions are met:

(a) The administration is performed pursuant to a treatment plan for the patient approved by a dentist.

(b) A dentist remains on the premises in which the administration is performed and is available to the patient throughout the completion of the appointment.

(4) Pursuant to the requirements under ss. 447.06 (2) (e) and 447.065 (2), Stats., a dental therapist may delegate to a dental hygienist the administration of oral systemic premedications and subgingival sustained release chemotherapeutic agents to patients only if all of the following conditions are met:

(a) The administration is performed pursuant to a treatment plan for the patient approved by a dentist.

(b) A dentist remains on the premises in which the administration is performed and is available to the patient throughout the completion of the appointment.

(c) The dental therapist has the authority to perform the activity personally, pursuant to the requirements under s. 447.06 (3) (bm) 1. and 2., Stats.

(d) The dental therapist remains under the supervision of the supervising dentist for the duration of the procedure. The dental therapist’s level of supervision shall be the level agreed upon for the procedure, as specified in the dental therapist’s collaborative management agreement described in s. DE 17.03 (5).

(e) The supervising dentist has allowed the dental therapist to perform the administration personally within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats.

(f) The supervising dentist has expressly allowed the dental therapist to delegate the administration within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats.

(5) In sub. (4), the dentist who approves the treatment plan and remains available to the patient may be a different dentist than the supervising dentist for the dental therapist.

(6) The dental therapist, the dental therapist’s supervising dentist, and the dentist who approves the treatment plan shall be responsible for any services, treatments, or procedures delegated and performed under sub. (4).

History

Cr. Register, September, 2000, No. 537, eff. 10-1-00; CR 17-068: am. (2) Register August 2019 No. 764, eff. 9-1-19; EmR2410: emerg. cr. (2m), (4) to (6), eff. 7-26-24; CR 24-094: cr. (2m), (4) to (6) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 3.05 Topical anesthetics {#sec-de-3.05 omnilex-key=us-wi-regs-official--agency-de--DE 3.05}

(1) In this section:

(a) “Subgingival anesthetics” means non-injectable topical anesthetics applied below the gum tissue as a remediable procedure.

(b) “Topical anesthetics” means anesthetics applied to a body surface such as the skin or mucous membrane as a remediable procedure.

(2) Pursuant to s. 447.06 (2) (c), Stats., a dental hygienist may apply subgingival anesthetics and topical anesthetics to a patient without the presence of a dentist, if all of the following conditions are met:

(a) The remediable procedure is performed under a written or oral prescription.

(b) The dentist who made the written or oral prescription has seen the patient at least once during the 12-month period which immediately precedes all of the following:

The date on which the written or oral prescription was made.
The date on which the dental hygiene practice or remediable procedure is performed.

(c) 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.

History

CR 23-066: cr. Register July 2024 No. 823, eff. 8-1-24.

Chapter DE 5 STANDARDS OF CONDUCT

Wis. Admin. Code § DE 5.01 Authority {#sec-de-5.01 omnilex-key=us-wi-regs-official--agency-de--DE 5.01}

The rules in this chapter are adopted pursuant to ss. 15.08 (5), 227.11 and 447.07 (3), Stats.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1988, No. 387.

Wis. Admin. Code § DE 5.02 Unprofessional conduct {#sec-de-5.02 omnilex-key=us-wi-regs-official--agency-de--DE 5.02}

Unprofessional conduct by a dentist, dental therapist, dental hygienist, or expanded function dental auxiliary includes:

(1) Engaging in any practice which constitutes a substantial danger to the health, welfare or safety of a patient or the public.

(2) Practicing or attempting to practice when unable to do so with reasonable skill and safety to patients.

(3) Practicing or attempting to practice beyond the scope of any license or certificate.

(4) Practicing or attempting to practice while the ability to perform services is impaired by physical, mental or emotional disorder, drugs or alcohol.

(5) Practicing in a manner which substantially departs from the standard of care ordinarily exercised by a dentist, dental therapist, dental hygienist, or expanded function dental auxiliary which harms or could have harmed a patient.

(6) Administering, dispensing, prescribing, supplying or obtaining controlled substances as defined in s. 961.01 (4), Stats., other than in the course of legitimate practice, or as otherwise prohibited by law.

(7) Intentionally falsifying patient records.

(8) Obtaining or attempting to obtain any compensation by fraud.

(9) Impersonating another dentist, dental therapist, dental hygienist, or expanded function dental auxiliary.

(10) Exercising undue influence on or taking unfair advantage of a patient.

(11) Participating in rebate or fee-splitting arrangements with health care practitioners, unless the arrangements are disclosed to the patient.

(13) Refusing to render services to a person because of race, gender, or religion.

(14) Having a license, certificate, permit, or registration granted by another state to practice as a dentist, dental therapist, or dental hygienist limited, suspended or revoked, or subject to any other disciplinary action.

(14m) Surrendering, while under investigation, a license, certificate, permit, or registration granted by another state to practice as a dentist, dental therapist, dental hygienist, or expanded function dental auxiliary.

(15) Violating any law or being convicted of a crime the circumstances of which substantially relate to the practice of a dentist, dental therapist, or dental hygienist.

(16) Violating any provision of ch. 447, Stats., or any valid rule of the board.

(17) Violating any provision of any order of the board.

(18) Failing to maintain records and inventories as required by the United States department of justice drug enforcement administration, and under ch. 961, Stats., and s. Phar 8.05, Wis. Adm. Code.

(20) Violating, or aiding or abetting the violation of any law substantially related to the practice of dentistry, dental therapy, dental hygiene, or the practice of an expanded function dental auxiliary.

(21) Aiding or abetting or permitting unlicensed persons in the practice of dentistry, as defined in s. 447.01 (8), Stats.

(21m) Aiding or abetting or permitting unlicensed persons in the practice of dental therapy, as defined in s. 447.01 (6r), Stats.

(22) Aiding or abetting or permitting unlicensed persons in the practice of dental hygiene, as defined in s. 447.01 (3), Stats.

(22m) Aiding or abetting or permitting persons who are not certified in the practice of an expanded function dental auxiliary under s. 447.035, Stats.

(23) Obtaining, prescribing, dispensing, administering or supplying a controlled substance designated as a schedule II, III or IV stimulant in s. 961.16 (5), 961.18 (2m) or 961.20 (2m), Stats., unless the dentist has submitted, and the board has approved, a written protocol for use of a schedule II, III or IV stimulant for the purpose of clinical research, prior to the time the research is conducted.

(24) Failing to hold a current certificate in cardiopulmonary resuscitation unless the credential holder has obtained a waiver from the board based on a medical evaluation documenting physical inability to comply. A waiver shall be issued by the board only if it is satisfied that another person with current certification in CPR is immediately available to the credential holder when patients are present.

(25) After a request by the board, failing to cooperate in a timely manner with the board’s investigation of complaints filed against the applicant, certified individual, or licensee. There is a rebuttable presumption that a licensee, certified individual, or applicant who takes longer than 30 days to respond to a request of the board has not acted in a timely manner under this subsection.

(26) Practicing under an expired certificate of registration.

(27) Engaging in irregularities in billing a third party for services rendered to a patient.

(28) A dental therapist practicing outside of a practice area or setting described in s. 447.06 (3) (e), Stats., and s. DE 17.04 (3).

(29) A dentist or dental therapist failing to obtain informed consent from a patient or failing to document that informed consent was obtained, including all the information under s. DE 14.03.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; cr. (23), Register, August, 1984, No. 344, eff. 9-1-84; cr. (24) and (25), Register, March, 1988, No. 387, eff. 4-1-88; cr. (26), Register, December, 1989, No. 408, eff. 1-1-90; am. (18), Register, June, 1996, No. 486, eff. 7-1-96; am. (6), (18), (21), (22), (23) and r. (19), Register, April, 1999, No. 520, eff. 5-1-99; CR 17-045: r. (12), am. (13), cr. (14m), (27), Register February 2018 No. 746 eff. 3-1-18; correction in (27) made under s. 35.17, Stats., Register February 2018 No. 746; EmR2304: emerg. am. (intro.), (5), (9), (14m), (18), (20), cr. (22m), am. (24), (25), eff. 3-1-23; CR 23-051: am. (intro.), (5), (9), (14m), (18), (20), cr. (22m), am. (24), (25) Register June 2024 No. 822, eff. 7-1-24; EmR2410: emerg. am. (intro.), (5), (9), (14) to (15), (20), cr. (21m), am. (24), eff. 7-26-24; CR 24-094: am. (intro.), (5), (9), (14) to (15), (20), cr. (21m), am. (24), cr. (28) Register July 2025 No. 835, eff. 8-1-25; CR 25-052: cr. (29) Register December 2025 No. 840, eff. 1-1-26.

Chapter DE 6 UNPROFESSIONAL ADVERTISING

Wis. Admin. Code § DE 6.01 Authority {#sec-de-6.01 omnilex-key=us-wi-regs-official--agency-de--DE 6.01}

The rules in this chapter are adopted pursuant to authority in s. 447.07 (3) (o), Stats.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; am., Register, April, 1999, No. 520, eff. 5-1-99.

Wis. Admin. Code § DE 6.02 Unprofessional advertising {#sec-de-6.02 omnilex-key=us-wi-regs-official--agency-de--DE 6.02}

The following, without limitation because of enumeration, constitute unprofessional advertising:

(1) Publishing or communicating statements or claims in any media which are false, fraudulent or deceptive.

(2) Compensating or giving anything of value to media representatives in anticipation of or in return for professional publicity, unless the payment or receipt of an object of value is disclosed to the public.

(3) Refusing to honor payment in the amount of an advertised price for a service during the period of time stated in the advertisement.

(4) Including any of the following in an advertisement:

(a) A patient’s identity or any identifiable fact, datum or information, without the patient’s permission.

(b) A name of a dentist or dental therapist who has not been associated with the advertising dentist or dental therapist for the past year or longer.

(c) Notice of a practice as a specialist in a dental specialty unless the dentist has successfully completed a post-doctoral educational training program approved by the Commission on Dental Accreditation of the American Dental Association in a specialty recognized by the American Dental Association. Advertising as a specialist in a non-American Dental Association-recognized specialty is prohibited.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; r. (3), (4), (6), (7) (a) to (d) and (g), renum. (5), (7) (intro.), (e), (f) and (h) to be (3), (4) (intro.), (a), (b) and (c) and am. (4) (a) to (c), Register, April, 1986, No. 364, eff. 5-1-86; CR 02-138: am. (4) (c), Register November 2003 No. 575, eff. 12-1-03; CR 11-035: am. (4) (c) Register July 2012 No. 679, eff. 8-1-12; EmR2410: emerg. am. (4) (b), eff. 7-26-24; CR 24-094: am. (4) (intro.) to (b) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 6.03 Advertising limitations for dental therapists {#sec-de-6.03 omnilex-key=us-wi-regs-official--agency-de--DE 6.03}

(1) A dental therapist may not advertise as a dentist or as providing services other than dental therapy.

(2) A dentist supervising a dental therapist under a collaborative management agreement retains full responsibility for advertising by the dental therapist.

History

EmR2410: emerg. cr., eff. 7-26-24; CR 24-094: cr. Register July 2025 No. 835, eff. 8-1-25.

Chapter DE 7 CERTIFICATION OF DENTAL HYGIENISTS TO ADMINISTER LOCAL ANESTHESIA

Wis. Admin. Code § DE 7.01 Authority {#sec-de-7.01 omnilex-key=us-wi-regs-official--agency-de--DE 7.01}

The rules in this chapter are adopted pursuant to ss. 15.08 (5) (b), 227.11 (2) and 447.02 (2) (e), Stats.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § DE 7.02 Definitions {#sec-de-7.02 omnilex-key=us-wi-regs-official--agency-de--DE 7.02}

As used in this chapter “accredited” has the meaning under s. 447.01 (1), Stats.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § DE 7.03 Qualifications for certification of licensed dental hygienists to administer local anesthesia {#sec-de-7.03 omnilex-key=us-wi-regs-official--agency-de--DE 7.03}

An applicant for certification to administer local anesthesia shall be granted a certificate by the board if the applicant complies with all of the following:

(1) Has a current license to practice as a dental hygienist in this state.

(2) Provide evidence of current qualification in cardiopulmonary resuscitation from a course provider approved by the Wisconsin department of health services.

(3) Has completed the educational requirements of s. DE 7.05.

(4) Has submitted the information required in the application under s. DE 7.04.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 11-035: am. (2) Register July 2012 No. 679, eff. 8-1-12.

Wis. Admin. Code § DE 7.04 Application procedure {#sec-de-7.04 omnilex-key=us-wi-regs-official--agency-de--DE 7.04}

An applicant for a certificate to administer local anesthesia shall file a completed application on a form provided by the board. The application shall include all of the following:

(1) The dental hygienist license number in this state and the signature of the applicant.

(2) Evidence of current qualification in cardiopulmonary resuscitation from either the American heart association or the American red cross.

(3) Evidence of successful completion of a didactic and clinical program sponsored by an accredited dental or dental hygiene program, resulting in the dental hygienist becoming competent to administer local anesthesia under the delegation and supervision of a dentist, the curriculum of which meets or exceeds the basic course requirements set forth in s. DE 7.05. For those dental hygienists who are employed and taking a local anesthesia program as continuing education outside of the initial accredited dental hygiene program, the administration of local anesthesia on a non-classmate may be performed at the place where the dental hygienist is employed. In those instances the application:

(a) Shall contain a statement from the employing dentist that he or she supervised and verifies the successful completion of an inferior alveolar injection on a patient who was informed of the situation and granted his or her consent to the dentist, and that the dentist assumed liability for the injection performed on the patient.

(b) Shall indicate that the inferior alveolar injection was completed within 6 weeks from the time that the licensed dental hygienist completed the coursework; or, if licensed by endorsement of a dental hygienist license from another state, within 6 weeks of becoming licensed as a dental hygienist in this state.

Note: Instructions for applications are available on the department’s website at http://dsps.wi.gov.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § DE 7.05 Educational requirements {#sec-de-7.05 omnilex-key=us-wi-regs-official--agency-de--DE 7.05}

The following educational requirements are necessary for the board to approve and grant certification to a licensed dental hygienist in the administration of local anesthesia:

(1) The course in the administration of local anesthesia shall be provided by an accredited dental or dental hygiene school.

(2) To participate in a course in the administration of local anesthesia, a person shall do all of the following:

(a) Show evidence of current qualification in cardiopulmonary resuscitation from a course provider approved by the Wisconsin department of health services.

(b) Provide proof of possessing a license to practice as a dental hygienist in this state, or having graduated from an accredited dental hygiene program, or of being enrolled in an accredited dental hygiene program.

(3) The local anesthesia course shall have the following components and provide a minimum of 21 hours of instruction:

(a) Didactic instruction. Minimum of 10 hours, including but not limited to the following topics:

Provide proof of possessing a license to practice as a dental hygienist in this state, or having graduated from an accredited dental hygiene program, or of being enrolled in an accredited dental hygiene program.
Basic pharmacology and drug interactions.
Chemistry, pharmacology and clinical properties of local anesthesia, vasoconstrictors, and topical anesthesia.
Anatomical considerations for the administration of anesthesia.
Patient assessment for the administration of anesthesia.
Selection and preparation of armamentarium.
Recognition, management and emergency response to local complications.
Recognition, management and emergency response to systemic complications.
Ethical and legal considerations.
Techniques for regional anesthesia.

(b) Experience in the clinical administration of local anesthesia. Minimum of 11 hours in the following techniques:

Maxillary.

a. Posterior superior alveolar.

b. Middle superior alveolar.

c. Anterior superior alveolar.

d. Greater/lesser palatine.

e. Nasopalatine.

f. Supraperiosteal (infiltration) injection.

Mandibular.

a. Inferior alveolar/lingual.

b. Mental/incisive nerve block.

c. Buccal nerve.

d. Periodontal ligament injection.

e. Intraseptal injection.

(c) Students performing injections as part of the clinical coursework shall successfully perform all local anesthesia injections on their classmates as well as perform at least one successful inferior alveolar injection on a non-classmate patient. For those licensed dental hygienists who are completing this course in the continuing education environment, the injection on a non-classmate patient may be performed in the office where the dental hygienist is employed, as long as the employer-dentist agrees to supervise and submit verification of the successful completion of the injection.

(d) A dentist licensed under ch. 447, Stats., shall be present in the facility and available to both the patients and to the students of the class.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 11-035: am. (2) (a) Register July 2012 No. 679, eff. 8-1-12.

Wis. Admin. Code § DE 7.06 Dentist responsibility for the administration of local anesthetic {#sec-de-7.06 omnilex-key=us-wi-regs-official--agency-de--DE 7.06}

The dentist is ultimately responsible for all decisions regarding the administration of local anesthetic, particularly in determining the pharmacological and physiological considerations of each individual treatment plan.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; EmR2410: emerg. cr. (1) to (4), eff. 7-26-24.

Wis. Admin. Code § DE 7.07 Dental therapist delegation to a dental hygienist the administration of local anesthetic {#sec-de-7.07 omnilex-key=us-wi-regs-official--agency-de--DE 7.07}

(1) In this section, “supervising dentist” has the meaning given in s. DE 17.01 (6).

(2) Pursuant to the requirements under ss. 447.06 (2) (e) and 447.065 (2), Stats., a dental therapist may delegate to a dental hygienist the administration of local anesthetic only if all of the following conditions are met:

(a) The administration is performed pursuant to a treatment plan for the patient approved by a dentist.

(b) The dentist remains on the premises in which the administration is performed and is available to the patient throughout the completion of the appointment.

(c) The dental therapist has the authority to perform the activity personally, pursuant to the requirements under s. 447.06 (3) (bm) 1. and 2., Stats.

(e) The supervising dentist has allowed the dental therapist to administer local anesthetic within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats.

(f) The supervising dentist has expressly allowed the dental therapist to delegate the administration of local anesthetic within the dental therapist’s collaborative management agreement, pursuant to the requirements under s. 447.06 (3) (d) 1., Stats.

(3) In sub. (2), the dentist who approves the treatment plan and remains available to the patient may be a different dentist than the supervising dentist for the dental therapist.

(4) The dental therapist, the dental therapist’s supervising dentist, and the dentist who approves the treatment plan shall be responsible for any services, treatments, or procedures delegated and performed under sub. (2).

History

CR 24-094: cr. Register July 2025 No.835, eff. 8-1-25.

Chapter DE 8 PATIENT DENTAL RECORD RETENTION

Wis. Admin. Code § DE 8.01 Authority and purpose {#sec-de-8.01 omnilex-key=us-wi-regs-official--agency-de--DE 8.01}

The provisions in this chapter are adopted pursuant to authority in ss. 15.08 (5) (b) and 227.11 (2) and ch. 447, Stats., to govern the practice of dentists in the maintenance, retention, and destruction of patient dental records.

History

CR 14-011: cr. Register August 2014 No. 704, eff. 9-1-14; correction made under s. 35.17, Stats., Register August 2014 No. 704.

Wis. Admin. Code § DE 8.02 Definitions {#sec-de-8.02 omnilex-key=us-wi-regs-official--agency-de--DE 8.02}

In this chapter:

(1) “Patient” means a person who receives dental services from a licensed dentist, dental therapist, or dental hygienist.

(2) “Patient dental record” or “patient health care record” has the meaning given in s. 146.81 (4), Stats.

History

CR 14-011: cr. Register August 2014 No. 704, eff. 9-1-14; EmR2410: emerg. am. (1), eff. 7-26-24; CR 24-094: am. (1) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 8.03 Minimum standards for patient health care record retention {#sec-de-8.03 omnilex-key=us-wi-regs-official--agency-de--DE 8.03}

Patient health care records on every patient administered shall be maintained for a period of at least 10 years after the date of the last entry, unless otherwise required by state or federal law.

History

CR 14-011: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DE 8.035 Preservation of patient health care records {#sec-de-8.035 omnilex-key=us-wi-regs-official--agency-de--DE 8.035}

A person who manages or controls a business that offers dental, dental therapy, or dental hygiene services, including management or control of a business through which the person allows another person to offer dental, dental therapy, or dental hygiene services, shall preserve patient health care records for at least 10 years from the date of the last entry.

History

CR 18-089: cr. Register November 2019 No. 767, eff. 12-1-19; EmR2410: emerg. am., eff. 7-26-24; CR 24-094: am. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 8.04 Confidentiality of patient health care records {#sec-de-8.04 omnilex-key=us-wi-regs-official--agency-de--DE 8.04}

All patient health care records shall remain confidential as provided in s. 146.82, Stats.

History

CR 14-011: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DE 8.05 Preservation or destruction of patient health care records {#sec-de-8.05 omnilex-key=us-wi-regs-official--agency-de--DE 8.05}

The preservation or destruction of patient health care records shall be in compliance with s. 146.819, Stats.

History

CR 14-011: cr. Register August 2014 No. 704, eff. 9-1-14.

Chapter DE 9 LABORATORIES AND WORK AUTHORIZATIONS

Wis. Admin. Code § DE 9.01 Authority {#sec-de-9.01 omnilex-key=us-wi-regs-official--agency-de--DE 9.01}

The provisions in this chapter are adopted pursuant to authority in ss. 15.08 (5) and 227.11 (2) (a), Stats., and ch. 447, Stats.

History

Cr. Register, April, 1972, No. 196, eff. 5-1-72; renum. from DE 6.01 and am., Register, February, 1982, No. 314, eff. 3-1-82; CR 13-060: r. and recr. Register June 2014 No. 702, eff. 7-1-14.

Wis. Admin. Code § DE 9.015 Definitions {#sec-de-9.015 omnilex-key=us-wi-regs-official--agency-de--DE 9.015}

In this chapter:

(1) “Dental laboratory” means any dental workroom directly or indirectly engaged in the construction, repair, or alteration of appliances to be used as substitutes for or as a part of natural teeth or jaws or associated structures, or for the correction of malocclusions or deformities.

(2) “Work authorization” means an official, signed request to a laboratory from a licensed dentist.

History

CR 13-060: cr. Register June 2014 No. 702, eff. 7-1-14; CR 19-132: am. (2) Register August 2020 No. 776, eff. 9-1-20.

Wis. Admin. Code § DE 9.02 Work authorizations {#sec-de-9.02 omnilex-key=us-wi-regs-official--agency-de--DE 9.02}

Work authorizations shall include all of the following:

(1) The patient’s name or identification number.

(2) The dentist’s name.

(3) Prescription information.

History

Cr. Register, April, 1972, No. 196, eff. 5-1-72; renum. from DE 6.02 and am., Register, February, 1982, No. 314, eff. 3-1-82; CR 13-060: am. (intro.), (1), (2), (4) Register June 2014 No. 702, eff. 7-1-14; CR 19-132: r. and recr. Register August 2020 No. 776, eff. 9-1-20.

Chapter DE 10 MOBILE DENTISTRY

Wis. Admin. Code § DE 10.01 Definitions {#sec-de-10.01 omnilex-key=us-wi-regs-official--agency-de--DE 10.01}

In this chapter:

(1) “Mobile dentistry program” means a program providing dental hygiene as defined by s. 447.01 (3), Stats., dental therapy as defined by s. 447.01 (6r), Stats., or dentistry as defined by s. 447.01 (8), Stats., excluding a health practitioner practicing within the scope of a license not governed by ch. 447, Stats., in one of the following:

(a) Using portable equipment or supplies that are transported to any location that is not an intact dental or hospital facility.

(b) In a self-contained, intact facility that can be moved.

(2) “Mobile dentistry program registrant” means a person registered under s. 447.058, Stats.

History

CR 15-095: cr. Register July 2016 No. 727, eff. 10-1-16; correction in numbering in (1) (a), (b) made under s. 13.92 (4) (b) 1., Stats., Register July 2016 No. 727; EmR2410: emerg. am. (1) (intro.), eff. 7-26-24; CR 24-094: am. (1) (intro.) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 10.02 Mobile dentistry program registration {#sec-de-10.02 omnilex-key=us-wi-regs-official--agency-de--DE 10.02}

(1) Registration required.

(a) No person may own or operate a mobile dentistry program in this state unless the person is registered under this section. A person that wishes to own or operate more than one mobile dentistry program in this state shall apply for a separate registration under this section for each mobile dentistry program the person owns or operates.

(b) A program providing dental, dental therapy, or dental hygiene care is not required to register if one of the following requirements is satisfied:

The dental, dental therapy, or dental hygiene care is provided within a 50 mile radius of their main or satellite facility and all of the following:

a. The care is billed by the main or satellite dental facility.

b. The dentist, dental therapist, or dental hygienist provides any necessary follow-up care to the patient.

The dental, dental therapy, or dental hygiene care is being provided to a new or established patient of record of the main or satellite dental facility and no more than 2 patients per day are being treated using portable equipment or a self-contained, intact facility that can be moved.
Department of health services screening assessments conducted as part of the Wisconsin Oral Health surveillance program.

(2) Registration. An applicant for registration to own or operate a mobile dentistry program shall submit all of the following:

(a) An application for registration on a form provided by the department. The application shall include the person’s name and tax identification number, the person’s business address and telephone and any other information the department or the examining board requires.

(b) The fee specified in s. 440.05 (1), Stats.

(c) A list of all employees, contractors, or volunteers who are providing dental, dental therapy, or dental hygiene care in Wisconsin. The list shall include the Wisconsin license number for each person providing dental, dental therapy, or dental hygiene care.

(3) Renewal. A mobile dentistry program registrant renewing a registration shall submit all of the following:

(a) A renewal form provided by the department.

(b) The renewal fee as determined by the department under s. 440.03 (9) (a), Stats.

(c) A list of all employees, contractors or volunteers who are providing dental, dental therapy, or dental hygiene care in Wisconsin. The list shall include the Wisconsin license number for each person providing dental care.

History

CR 15-095: cr. Register July 2016 No. 727, eff. 10-1-16; EmR2410: emerg. am. (1) (b) (intro.), 1. (intro.), b., 2., (2) (c), (3) (c) eff. 7-26-24; CR 24-094: am. (1) (b) (intro.), 1. (intro.), b., 2., (2) (c), (3) (c) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 10.03 Access to patient records {#sec-de-10.03 omnilex-key=us-wi-regs-official--agency-de--DE 10.03}

The mobile dentistry program registrant shall do all of the following:

(1) Provide each patient with the name and contact information of the mobile dentistry program and mobile dentistry program’s registration number providing services.

(2) At the time of providing services, give each patient a written description of the dental services provided for that patient, any provider’s name and license number, and the findings and recommendations.

(3) Maintain patient dental records in accordance with ch. DE 8.

(4) Provide access to dental records in accordance with s. 146.83, Stats.

History

CR 15-095: cr. Register July 2016 No. 727, eff. 10-1-16.

Wis. Admin. Code § DE 10.04 Protocol for follow-up care {#sec-de-10.04 omnilex-key=us-wi-regs-official--agency-de--DE 10.04}

(1) There shall be a written protocol for follow-up care, for patients treated in the mobile dental program, in a dental facility that is permanently established within 60 mile radius of where services were provided.

(2) There shall be an agreement with at least one provider for emergency treatment.

History

CR 15-095: cr. Register July 2016 No. 727, eff. 10-1-16.

Wis. Admin. Code § DE 10.045 Notification to department {#sec-de-10.045 omnilex-key=us-wi-regs-official--agency-de--DE 10.045}

The mobile dentistry program shall notify the department within 30 days of new employees, contractors or volunteers providing dental, dental therapy, or dental hygiene services in Wisconsin.

History

CR 15-095: cr. Register July 2016 No. 727, eff. 10-1-16; EmR2410: emerg. am., eff. 7-26-24; CR 24-094: am. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DE 10.05 Standards of conduct {#sec-de-10.05 omnilex-key=us-wi-regs-official--agency-de--DE 10.05}

Unprofessional conduct by a mobile dentistry program registrant includes any of the following:

(1) Violating any provision under s. DE 10.03, 10.04, or 10.045.

(2) Engaging in unprofessional conduct under s. DE 5.02.

History

CR 15-095: cr. Register July 2016 No. 727, eff. 10-1-16; correction in (1) made under s. 35.17, Stats., Register July 2016.

Chapter DE 11 ANESTHESIA

Wis. Admin. Code § DE 11.01 Authority and purpose {#sec-de-11.01 omnilex-key=us-wi-regs-official--agency-de--DE 11.01}

The rules in this chapter are adopted under authority in ss. 15.08 (5) (b), 227.11 (2) (a) and 447.02 (2) (b), Stats., for the purpose of defining standards for the administration of anesthesia by dentists. The standards specified in this chapter shall apply equally to general anesthesia and sedation, regardless of the route of administration.

History

Cr. Register, August, 1985, No. 356, eff. 9-1-85; am. Register, October, 1988, No. 394, eff. 11-1-88; am. Register, August, 1991, No. 428, eff. 9-1-91.

Wis. Admin. Code § DE 11.02 Definitions {#sec-de-11.02 omnilex-key=us-wi-regs-official--agency-de--DE 11.02}

In this chapter,

(1g) “ASA” means American Society of Anesthesiologists.

(1s) “Class I permit” means a sedation permit issued prior to September 1, 2020. This permit is no longer valid.

(1t) “Class II permit - enteral” means a sedation permit enabling a dentist to administer, by enteral route, moderate sedation.

(1tm) “Class II permit – parenteral” means a sedation permit enabling a dentist to administer, by parenteral route, moderate sedation.

(1u) “Class III permit” means a sedation permit enabling a dentist to administer moderate or deep sedation, or general anesthesia.

(2g) “Continual” means repeated regularly and frequently in a steady succession.

(2r) “Continuous” means prolonged without any interruption at any time.

(3) “Deep sedation” means a drug-induced depression of consciousness during which a patient cannot be easily aroused but responds purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. A patient may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained.

(3m) “Enteral” means administration by which the agent is absorbed through the gastrointestinal tract or through oral, rectal, or sublingual mucosa.

(4) “General anesthesia” means drug-induced loss of consciousness during which a patient is not arousable, even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. A patient often requires assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired.

(4e) “Immediately available” means physically located in the dental office or facility and ready for immediate use or response.

(4m) “Minimal sedation” means a minimally depressed level of consciousness, produced by a pharmacological method that retains the patient’s ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command. Although cognitive function and coordination may be modestly impaired, ventilatory and cardiovascular functions are unaffected.

(4s) “Moderate sedation” means a drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent airway, and spontaneous ventilation is adequate. Cardiovascular function is usually maintained. If more than one enteral drug is administered or if an enteral drug is administered at a dosage that exceeds the maximum recommended dose during a single appointment, such administration is considered moderate sedation.

(6) “Nitrous oxide” means a combination of nitrous oxide and oxygen.

(6g) “Parenteral” means administration by which the drug bypasses the gastrointestinal tract through intramuscular, intravenous, intranasal, submucosal, subcutaneous, or intraosseous methods.

(6r) “Pediatric patient” means a patient who is 12 years old and under.

(10) “Time-oriented anesthesia record” means documentation at appropriate intervals of drugs, doses and physiologic data obtained during patient monitoring.

History

Cr. Register, August, 1985, No. 356, eff. 9-1-85; r. and recr. Register, October, 1988, No. 394, eff. 11-1-88; r. (4), renum. (1) to (3) to be (2) to (4) and am., cr. (1) and (5), Register, August, 1991, No. 428, eff. 9-1-91; CR 04-095: am. (1) to (4), cr. (1m) and (6) to (10), r. (5) Register August 2006 No. 608, eff. 1-1-07; CR 13-061: cr. (1s) to (1u) Register June 2014 No. 702, eff. 7-1-14; CR 19-132: r. (1), cr. (1g), r. (1m), am. (1s), (1t), cr. (1tm), am. (1u), r. (2), cr. (2g), (2r), am. (3), cr. (3m), am. (4), cr. (4e), (4m), (4s), am. (6), cr. (6g), (6r), r. (7) to (9) Register August 2020 No. 776, eff. 9-1-20; correction in (3) made under s. 35.17, Stats., Register August 2020 No. 776; CR 22-055: am. (3m), (6g) Register June 2023 No. 810, eff. 7-1-23.

Wis. Admin. Code § DE 11.025 Permit to administer anesthesia {#sec-de-11.025 omnilex-key=us-wi-regs-official--agency-de--DE 11.025}

(1) Minimal sedation does not require a permit.

(2) The board may issue an anesthesia permit at the following levels:

(a) Class II – enteral is for the administration of moderate sedation by enteral route.

(b) Class II – parenteral is for the administration of moderate sedation by either enteral or parenteral route,

(3) A dentist may apply to the board for an anesthesia permit by submitting all of the following:

(a) Application and fee.

(b) Verification of any permit or credential authorizing anesthesia or sedation held by the dentist.

(c) Disclosure of any previous anesthesia or sedation-related incident, morbidity, or mortality or any board investigation or discipline relating to the delivery of anesthesia or sedation.

(d) Evidence of current licensure to practice dentistry in the state of Wisconsin.

(e) Evidence of current certification in Advanced Cardiovascular Life Support or Pediatric Advanced Life Support through a course that is certified by the American Heart Association. Pediatric Advanced Life Support is required if treating pediatric patients and is a sufficient certification by itself if the licensee is treating both pediatric and adult patients.

(f) Affidavit indicating the dentist has the required equipment and medications.

(g) If applying for a class II permit - enteral, evidence of one of the following:

Current board certification or a candidate for board certification by the American Board of Oral and Maxillofacial Surgery.
Completion of an accredited oral and maxillofacial surgery residency.
Diplomate or candidate of the American Dental Board of Anesthesiology.
Successful completion of a board approved education program that provides comprehensive training meeting the requirements in s. DE 11.035.

(h) If applying for a class II permit- parenteral, evidence of one of the following:

Current board certification or a candidate for board certification by the American Board of Oral and Maxillofacial Surgery.
Completion of an accredited oral and maxillofacial surgery residency.
Diplomate or candidate of the American Dental Board of Anesthesiology.
Successful completion of a board approved education program that provides comprehensive training meeting the requirements in s. DE 11.035.

(i) If applying for a class III permit, evidence of one of the following:

Current board certification or a candidate for board certification by the American Board of Oral and Maxillofacial Surgery.
Completion of an accredited oral and maxillofacial surgery residency.
Diplomate or candidate of the American Dental Board of Anesthesiology.
Completion of a postdoctoral residency in an accredited dental program in dental anesthesiology.

(j) Notwithstanding par. (g) or (h), a dentist holding a class I permit on August 31, 2020, shall be granted a class II permit - enteral upon evidence of 20 cases within the last 5 years of providing moderate sedation.

Note: As of September 1, 2020, a class I permit is no longer valid and moderate sedation requires either a class II permit - enteral or class II permit – parenteral.

(k) Notwithstanding par. (h), a dentist holding a class II permit on August 31, 2020, shall be granted a class II permit - parenteral.

(4) A dentist may not administer anesthesia or sedation without a permit at the appropriate level of anesthesia or sedation.

History

CR 13-061: cr. Register June 2014 No. 702, eff. 7-1-14; CR 19-132: r. and recr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (a) to (c), (3) (c), (g) (intro.), (h) (intro.), (i) (intro.), (j), (k) made under s. 35.17, Stats., and correction in (3) (j), (k) made under s. 13.92 (4) (b) 14., Stats., Register August 2020 No. 776; CR 21-086: am. (3) (i) 4. Register June 2023 No. 810, eff. 7-1-23; EmR2216: emerg. am. (1) (e), eff. 11-28-22; CR 22-086: am. (1) (e) Register October 2023 No. 814, eff. 11-1-23; CR 23-041: am. (3) (e) Register April 2024 No. 820, eff. 5-1-24.

Wis. Admin. Code § DE 11.03 Requirements for nitrous oxide in combination with sedative agent {#sec-de-11.03 omnilex-key=us-wi-regs-official--agency-de--DE 11.03}

Nitrous oxide when used in combination with sedative agent may produce minimal, moderate or deep sedation. During the administration of moderate or nitrous-oxide oxygen sedation, if a patient enters a deeper level of sedation than the dentist is authorized by permit to provide, then the dentist shall stop the sedation and dental procedures until the patient returns to the intended level of sedation.

History

CR 04-095: cr. Register August 2006 No. 608, eff. 1-1-07; CR 15-056: am. (1) Register February 2016 No. 722, eff. 3-1-16; CR 19-132: r. and recr. Register August 2020 No. 776, eff. 9-1-20.

Wis. Admin. Code § DE 11.035 Board approved education program content {#sec-de-11.035 omnilex-key=us-wi-regs-official--agency-de--DE 11.035}

(1) A board approved education program that provides comprehensive training for a class II permit - enteral shall consist of a minimum of 18 hours in administration and management of moderate sedation, including all of the following course content:

(a) Historical, philosophical and psychological aspects of anxiety and pain control.

(b) Patient evaluation and selection through review of medical history taking, physical diagnosis and psychological profiling.

(c) Use of patient history and examination for ASA classification, risk assessment and pre-procedure fasting instruction.

(d) Definitions and descriptions of physiological and psychological aspects of anxiety and pain.

(e) Description of the sedation anesthesia continuum, with special emphasis on the distinction between the conscious and the unconscious state.

(f) Review of adult respiratory and circulatory physiology and related anatomy.

(g) Pharmacology of local anesthetics and agents used in moderate sedation, including drug interactions and contraindications.

(h) Indications and contraindications for use of moderate sedation.

(i) Review of dental procedures possible under moderate sedation.

(j) Patient monitoring using observation, monitoring equipment, with particular attention to vital signs, ventilation, breathing and reflexes related to consciousness.

(k) Maintaining proper records with accurate chart entries recording medical history, physical examination, informed consent, time-oriented anesthesia record, including the names of all drugs administered, doses and monitored physiological parameters.

(L) Prevention, recognition and management of complications and emergencies.

(m) Description, maintenance and use of moderate sedation monitors and equipment.

(n) Discussion of abuse potential.

(o) Description and rationale for the technique to be employed.

(p) Prevention, recognition and management of systemic complications of moderate sedation, with particular attention to airway maintenance and support of the respiratory and cardiovascular systems.

(q) Twenty cases, which may include group observation cases, that each meet all of the following requirements:

At least 3 cases must occur in person as live clinical dental experiences. These cases may occur at any time or location permitted by the education program. The remaining cases may include simulations or video presentations.
One case must have experience in returning a patient from deep to moderate sedation, which may be done by simulation or video presentation.
Include full review of patient medical history, including pertinent lab values.
Applicant shall be present and participate for the duration of live clinical dental experience cases up through recovery and discharge of the patient and shall participate in any remaining cases via simulation or video presentation to completion.
Applicant shall observe the administration of medicines.
Patient and any anesthesia monitors shall be in full view of the applicant.

(2) A board approved education program that provides comprehensive training for a class II permit - parenteral shall consist of a minimum of 60 hours in administration and management of moderate sedation, including all of the following course content: