Wisconsin Administrative Code Dentistry Examining Board
1. Legal Framework: How Dentistry Is Regulated in Wisconsin
A. Statutory Authority (Wisconsin Statutes)
The Dentistry Examining Board operates under Wisconsin Statutes Chapter 447, which:
Creates the Dentistry Examining Board
Authorizes the Board to license and discipline dentists, hygienists, and related professionals
Delegates rule-making authority to the Board
The Wisconsin Administrative Code then supplies the detailed, enforceable rules that carry out Chapter 447.
2. Wisconsin Administrative Code – Dentistry Examining Board (DE Chapters)
The Dentistry Examining Board’s rules appear primarily in Chapters DE 2 through DE 10 of the Wisconsin Administrative Code.
3. Key Administrative Code Chapters Explained
A. DE 2 – Definitions and General Provisions
This chapter defines terms such as:
“Unprofessional conduct”
“Direct supervision” vs. “general supervision”
“Practice of dentistry”
Legal importance:
Courts treat these definitions as binding unless they conflict with the statute.
Case law principle:
Wisconsin courts consistently hold that agency definitions are given deference if they are reasonable and within the authority granted by the legislature. This principle has been applied in professional licensing disputes involving health boards, including dentistry.
B. DE 5 – Licensure Requirements
Covers:
Educational prerequisites
Examination requirements
Licensure by endorsement (reciprocity)
Temporary and restricted licenses
Common legal disputes:
Denial of licensure
Conditions placed on a license
Whether the Board exceeded its authority
Case law principle:
Wisconsin appellate courts have upheld the Board’s authority to strictly enforce licensure standards, even when applicants argue hardship or long experience in another state. Courts emphasize public protection over individual convenience.
C. DE 6 – Professional Conduct and Ethics
This is one of the most litigated sections.
It governs:
Fraud or misrepresentation
Improper billing and insurance practices
Patient abandonment
Sexual misconduct
Failure to maintain records
Practicing beyond scope
Unprofessional conduct does NOT require criminal behavior.
Case law principle:
Wisconsin courts have ruled that:
“Unprofessional conduct” may include behavior that is dangerous, unethical, or deceptive, even if not criminal
Boards may discipline licensees for conduct that undermines public trust
Courts repeatedly reject arguments that discipline must be tied to patient harm; risk alone may be sufficient.
D. DE 7 – Continuing Education
Requires:
Specific CE hours per renewal cycle
Approved subject matter
Documentation and audits
Case law principle:
Failure to comply with CE requirements has been upheld as a valid basis for discipline or non-renewal. Courts defer to the Board’s interpretation of compliance unless it is arbitrary.
E. DE 10 – Anesthesia, Sedation, and Pain Control
Highly regulated area covering:
Conscious sedation
Deep sedation
General anesthesia
Permits, training, and inspections
Case law principle:
Wisconsin courts recognize anesthesia as a high-risk activity and allow the Board broad discretion to:
Impose permit conditions
Discipline for procedural violations even without patient injury
4. Disciplinary Process Under the Administrative Code
A. Investigation
The Board may investigate complaints involving:
Patients
Insurers
Other professionals
Law enforcement
B. Due Process Protections
Dentists are entitled to:
Notice of allegations
Opportunity to respond
Contested case hearing under Wis. Stat. Chapter 227
C. Sanctions
Possible penalties include:
Reprimand
Fines
License limitation
Suspension
Revocation
Case law principle:
Wisconsin courts consistently hold that:
Professional licenses are property interests
Due process applies
However, courts rarely overturn discipline if procedures were followed and evidence supports the Board’s findings
5. Judicial Review of Dentistry Board Decisions
A. Standard of Review
Courts do not retry the case.
They review:
Whether the Board stayed within its authority
Whether the decision was arbitrary or capricious
Whether substantial evidence supports the findings
B. Deference to the Board
Wisconsin courts give:
Great or due weight deference to the Dentistry Examining Board’s interpretation of its own rules
Especially strong deference in matters of clinical judgment and public safety
6. Key Themes From Wisconsin Case Law Involving Dental Regulation
While individual cases vary, courts consistently emphasize:
Public protection is the primary goal
Professional boards have specialized expertise
Licenses are privileges with conditions, not absolute rights
Ethical violations alone can justify discipline
Procedural fairness matters more than outcome
7. Practical Takeaways
The Wisconsin Administrative Code has the force of law
Violations can exist even without patient harm
Courts almost always support the Dentistry Examining Board when:
Rules are clear
Procedures are followed
Decisions are supported by evidence
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