1. (1) A dental therapist may, subject to sub. (3), provide dental therapy services only as an employee of one or more of the following that satisfies sub. (2):

   1. (a) A dentist with whom the dental therapist has entered into a collaborative management agreement.
   2. (b) A dental practice.
   3. (c) A school district or the operator of a private school, as defined in s. 115.001 (3r), Stats., or a tribal school, as defined in s. 115.001 (15m), Stats.
   4. (d) The operator of a school for the education of dentists or dental hygienists.
   5. (e) A state or federal prison, a county jail, or other federal, state, county, or municipal correctional or detention facility, or a facility established to provide care for terminally ill patients.
   6. (f) A local health department, as defined in s. 250.01 (4), Stats.
   7. (g) A charitable institution open to the general public or to members of a religious sect or order.
   8. (h) A nonprofit home health care agency.
   9. (i) The operator of a nonprofit dental care program serving primarily indigent, economically disadvantaged, or migrant worker populations.
   10. (j) A health care employer, as defined in s. 440.094 (1) (b), Stats.
2. (2) A dentist may not enter into a collaborative management agreement with a dental therapist unless the dentist directly employs the dental therapist as provided in sub. (1) (a) or the dentist is employed by or contracts with the dental therapist's employer described in sub. (1) (b) to (j).

3. (3) A dental therapist shall at all times comply with at least one of the following:

   1. (a) Limit his or her practice to practicing in one or more dental health shortage areas. If a dental therapist begins practicing in a dental health shortage area, and that area loses its designation as a dental health shortage area while the dental therapist continues to practice in that area, the dental therapist is considered to satisfy this paragraph as long as the dental therapist continues to practice in that area.

      Note: “Dental health shortage area” has the meaning given in s. 36.60 (1) (ad), Stats.

   2. (b) Practice in one or more settings in which at least 50 percent of the total patient base of the dental therapist consists of patients who are any of the following:

      1. 1. Medical Assistance patients.
      2. 2. Uninsured patients.

      3. 3. Patients receiving dental care at free and charitable clinics.

         Note: Free and charitable clinics can be found at: https://www.wafcclinics.org/find-a-clinic.html.

      4. 4. Patients receiving dental care at federally qualified health centers.

         Note: Federally qualified health centers can be found at: https://www.wphca.org/who-we-serve/find-a-community-health-center.

      5. 5. Patients who reside in long-term care facilities.
      6. 6. Veterans.
      7. 7. Patients who are members of a federally recognized Indian tribe or band.
      8. 8. Patients receiving dental care at clinics or facilities located on tribal lands.
      9. 9. Patients with medical disabilities or chronic conditions that create barriers of access to dental care.
4. (4) A dental therapist is responsible for verifying and proving that his or her practice areas comply with the practice areas and settings described in sub. (3).

History

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