1. (1)

   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.

   2. (am) In this subsection:

      1. 1. “Direct supervision” has the meaning given in s. DE 17.01 (2).
      2. 2. “Supervising dentist” has the meaning given in s. DE 17.01 (6).
   3. (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).

   4. (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:

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

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

         1. a. The date on which the written or oral prescription was made.
         2. b. The date on which the dental hygiene practices or remediable procedures are performed.
      3. 3. The written or oral prescription specifies the practices and procedures that the dental hygienist may perform with the informed consent of the patient or, if applicable, the patient’s parent or legal guardian.

   5. (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:

      1. 1. 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.
      2. 2. 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.
      3. 3. 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.
      4. 4. The dental hygienist remains under the direct supervision of the dental therapist for the duration of the procedure.
   6. (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. (2)

   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 as follows:

      1. 1. 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.
      2. 2. For a school for the education of dentists, dental therapists, or dental hygienists.
      3. 3. 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.
      4. 4. For a local health department, as defined in s. 250.01(4), Stats.
      5. 5. For a charitable institution open to the general public or to members of a religious sect or order.
      6. 6. For a nonprofit home health care agency.
      7. 7. For a nonprofit dental care program serving primarily indigent, economically disadvantaged or migrant worker populations.
      8. 8. 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.
   2. (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

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.