reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 446 - Chiropractic examining board. › 446.025 - Regulation of chiropractic radiological technicians.

446.025
Regulation of chiropractic radiological technicians.
(1)
(a)
No person may provide X-ray services on behalf of a chiropractor in connection with the practice of chiropractic unless the person is a chiropractic radiological technician and is under the direct, on-premises supervision of a chiropractor licensed under this chapter.
(b)
No person may designate himself or herself as a “chiropractic radiological technician" or “chiropractor radiological technician," use or assume the title “chiropractic radiological technician" or “chiropractor radiological technician" or any title that includes “chiropractic radiological technician"or “chiropractor radiological technician," append to the person's name the letters “C.R.T.," or use any other title or designation that represents or implies that he or she is a chiropractic radiological technician unless the person is certified by the examining board under this section.
(2)
(a)
The examining board shall certify as a chiropractic radiological technician an individual who does all of the following:
1.
Submits an application to the department on a form provided by the department.
2.
Pays the fee specified in s. 440.05 (1).
3.
Submits evidence satisfactory to the examining board that the individual has completed a course of study approved by the examining board.
4.
Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the examining board that the individual does not have an arrest or conviction record.
5.
Completes any other requirements established by the examining board by rule.
(b)
The department shall assign a unique certificate number to each individual certified under this section.
(3)
(a)
The renewal date and fees for a certificate issued under this section are specified in s. 440.08 (2) (a).
(b)
A chiropractic radiological technician shall, at the time that he or she applies for renewal of a certificate under par. (a), submit evidence satisfactory to the examining board that he or she has completed at least 12 continuing educational credit hours in programs established by rules promulgated by the examining board.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 446 - Chiropractic examining board. › 446.026 - Regulation of chiropractic technicians.

446.026
Regulation of chiropractic technicians.
(1)
(a)
No person may provide adjunctive services unless the person is a chiropractic technician and is under the direct, on-premises supervision of a chiropractor licensed under this chapter, or the person is a health care professional, subject to s. 446.02 (7).
(b)
Except as provided in s. 446.025 (1) (b), no person may designate himself or herself as a “chiropractic technician" or “chiropractor technician," use or assume the title “chiropractic technician" or “chiropractor technician" or any title that includes “chiropractic technician" or “chiropractor technician," append to the person's name the letters “C.T.," or use any other title or designation that represents or implies that he or she is a chiropractic technician unless the person is certified by the examining board under this section.
(2)
(a)
The examining board shall certify as a chiropractic technician an individual who does all of the following:
1.
Submits an application to the department on a form provided by the department.
2.
Pays the fee specified in s. 440.05 (1).
3.
Submits evidence satisfactory to the examining board that the individual has completed a course of study approved by the examining board.
4.
Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the examining board that the individual does not have an arrest or conviction record.
5.
Completes any other requirements established by the examining board by rule.
(b)
The department shall assign a unique certificate number to each individual certified under this section.
(3)
(a)
The renewal date and fees for a certificate issued under this section are specified in s. 440.08 (2) (a).
(b)
A chiropractic technician shall, at the time that he or she applies for renewal of a certificate under par. (a), submit evidence satisfactory to the examining board that he or she has completed at least 6 continuing educational credit hours in programs established by rules promulgated by the examining board.
History:  2009 a. 28; 2017 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 446 - Chiropractic examining board. › 446.028 - Continuing education approval; program sponsors.

446.028
Continuing education approval; program sponsors.
(1)
In this section:
(a)
“Program sponsor" means any of the following:
1.
The Wisconsin Chiropractic Association.
2.
The International Chiropractors Association.
3.
A college of chiropractic approved by the examining board.
4.
A college of medicine or osteopathy accredited by an accrediting body listed as nationally recognized by the secretary of the federal department of education.
5.
A member-based state or national chiropractic organization that satisfies all of the following:
a.
The organization is an entity that is described in section 501 (c) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code and has existed as an entity that is described in section 501 (c) of the Internal Revenue Code for at least 5 years.
b.
The purpose of the organization is not solely providing continuing education programs.
c.
The organization engages in measurable advocacy efforts to promote the chiropractic profession.
(b)
“Program sponsor" does not include an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide instruction in the use of an automated external defibrillator.
(2)
Each program sponsor of a continuing education program required to be completed by a chiropractor as a condition of license renewal, or by a chiropractic radiological technician or a chiropractic technician as a condition of certificate renewal, shall submit the program to the examining board for approval. A sponsor of a continuing education program approved by the examining board shall notify the examining board of any information or change to information related to satisfying the requirements under this section.
(3)
No program sponsor may delegate the tasks of monitoring or recording attendance, providing evidence of attendance, verifying required course content, or providing information on instructors for a continuing education program. A person who intentionally violates this subsection may be punished as provided in s. 446.07.
History:  2009 a. 28; 2021 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 446 - Chiropractic examining board. › 446.03 - Reprimand; revocation, limitation, or suspension of a license or certificate.

446.03
Reprimand; revocation, limitation, or suspension of a license or certificate.
The examining board, by order, may reprimand a licensee, certificate holder, or registrant and may deny, limit, suspend or revoke any license, certificate, or certificate of registration if the licensee, certificate holder, or registrant does any of the following:
(1)
Obtains the license, certificate, or certificate of registration through error or fraud.
(2)
Is addicted to alcohol or other drugs.
(3)
Is hereafter convicted in a court of competent jurisdiction, either within or without this state, or in federal court, of any violation of any law governing the practice of chiropractic or of any felony, subject to ss. 111.321, 111.322 and 111.335, a certified copy of the record of conviction to be conclusive evidence of such conviction.
(4)
Has obtained or sought to obtain anything of value by fraudulent representation in the practice of chiropractic.
(5)
Is guilty of unprofessional conduct.
(6)
Has continued practice, knowingly having an infectious or contagious disease.
(7)
Maintains a professional connection or association with any other person continuing to violate this chapter after 10 days' notice in writing by the department.
History:  1977 c. 29, 125, 418; 1981 c. 334 s. 25 (1); 1981 c. 380; 1983 a. 289; 1991 a. 39; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 446 - Chiropractic examining board. › 446.04 - Unprofessional conduct.

446.04
Unprofessional conduct.
Unprofessional conduct includes, without limitation because of enumeration, all of the following:
(1)
Any conduct of a character likely to deceive or defraud the public.
(2)
Loaning of a chiropractic license or certificate to anyone.
(4)
Splitting or dividing any fee for chiropractic service with any person except an associate licensed chiropractor.
(5)
Use of unprofessional advertising which includes, without limitation because of enumeration, all of the following:
(a)
Any advertising statement of a character tending to deceive or mislead the public.
(b)
Advertising professional superiority or performance of professional services in a superior manner.
History:  1979 c. 162, 337, 355; 1987 a. 264, 1991 a. 207, 315; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 446 - Chiropractic examining board. › 446.05 - Procedure for hearings.

446.05
Procedure for hearings.
(1)
Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any licensed chiropractor who, it has reason to believe, violated s. 446.02 or 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.
(1m)
(a)
Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic radiological technician who, it has reason to believe, violated s. 446.025 or 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.
(b)
Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic technician who, it has reason to believe, violated s. 446.026 or 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.
(2)
Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license, certificate, or registration suspended or revoked by it. This subsection does not apply to a license, certificate, or registration that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.
History:  1977 c. 418; 1997 a. 191, 237; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 446 - Chiropractic examining board. › 446.06 - Injunction to enforce this chapter.

446.06
Injunction to enforce this chapter.
If it appears upon complaint to the examining board by any person or it is known to the examining board that any person is violating this chapter, the examining board or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name of and on behalf of the state against any such person to enjoin such person from such violations.
History:  1981 c. 390 s. 252.
2023 Wisconsin Statutes & Annotations › Chapter 446 - Chiropractic examining board. › 446.08 - Informed consent.

446.08
Informed consent.
Any chiropractor who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable chiropractor standard is the standard for informing a patient under this section. The reasonable chiropractor standard requires disclosure only of information that a reasonable chiropractor would know and disclose under the circumstances. The chiropractor's duty to inform the patient under this section does not require disclosure of any of the following:
(1)
Detailed technical information that in all probability a patient would not understand.
(2)
Risks apparent or known to the patient.
(3)
Extremely remote possibilities that might falsely or detrimentally alarm the patient.
(4)
Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.
(5)
Information in cases where the patient is incapable of consenting.
(6)
Information about alternate modes of treatment for any condition the chiropractor has not included in his or her diagnosis at the time the chiropractor informs the patient.
History:  2013 a. 345.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.035 - Certification; expanded function dental auxiliaries.

447.035
Certification; expanded function dental auxiliaries.
(1)
In this section, “auxiliary" means an expanded function dental auxiliary.
(2)
Notwithstanding s. 447.03 (1) and (2), a certification to practice as an auxiliary granted under s. 447.04 (3) shall permit the holder to perform all of the following as delegated and supervised by a dentist:
(a)
Placement and finishing of restoration material after the dentist prepares a tooth for restoration.
(b)
Application of sealants.
(c)
Coronal polishing.
(d)
Impressions.
(e)
Temporizations.
(f)
Packing cord.
(g)
Removal of cement from crowns.
(h)
Adjustment of dentures and other removable oral appliances.
(i)
Removal of sutures and dressings.
(k)
Application of topical fluoride, fluoride varnish, or similar dental topical agent.
(3)
(a)
The examining board shall, subject to pars. (b) and (c), promulgate rules for the certification and practice of auxiliaries.
(b)
The rules promulgated under par. (a) shall do all of the following:
1.
Require an applicant to the accredited instructional program described in subd. 2. to demonstrate in his or her application that the individual satisfies one of the following criteria in order to be permitted to enroll in the instructional program:
a.
Has completed at least 1,000 hours practicing as a dental assistant and holds the certified dental assistant credential issued by the Dental Assisting National Board, Inc., or its successor.
b.
Has completed at least 2,000 hours practicing as a dental assistant, as verified by the supervising licensed dentist.
2.
Require an applicant for certification under s. 447.04 (3) to demonstrate to the satisfaction of the examining board that the applicant has successfully completed an accredited instructional program that provides training in practice as an auxiliary and requires no fewer than 70 hours of classroom instruction.
3.
Require a dentist who delegates a procedure to an auxiliary certified under s. 447.04 (3) to remain on the premises where the auxiliary is performing the procedure until the procedure is complete and the dentist has verified that the procedure has been performed successfully.
4.
Require each auxiliary to maintain 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 under s. 46.03 (38) to provide such instruction.
(c)
The rules promulgated under par. (a) may not permit an auxiliary to perform any of the following:
1.
Cutting of hard or soft tissue.
2.
Diagnosis.
3.
Treatment planning.
History: 2021 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.05 - Expiration and renewal.

447.05
Expiration and renewal.
(1)
(a)
Except as provided in par. (b), renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).
(b)
A certification to practice as an expanded function dental auxiliary granted under s. 447.04 (3) is permanent unless revoked and not subject to periodic renewal.
(2)
The examining board may not renew a license to practice dentistry unless the applicant for renewal attests that he or she has complied with s. 447.056, that he or she has current proficiency in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.
(3)
The examining board may not renew a license to practice dental hygiene unless the applicant for renewal attests that he or she has complied with s. 447.055 and any rules promulgated by the examining board under s. 447.055, that he or she has a current certification in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.
History:  1989 a. 349; 1991 a. 39; 2005 a. 318; 2007 a. 20, 104; 2009 a. 180; 2017 a. 331; 2021 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.055 - Continuing education; dental hygienists.

447.055
Continuing education; dental hygienists.
(1)
(a)
1.
Except as provided in subs. (3) and (4), a person is not eligible for renewal of a license to practice dental hygiene, other than a permit issued under s. 447.02 (3), unless the person has taught, prepared, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), 12 credit hours of continuing education relating to the clinical practice of dental hygiene that is sponsored or recognized by a local, state, regional, national, or international dental, dental hygiene, dental assisting, or medical-related professional organization.
2.
Notwithstanding subd. 1., the examining board may promulgate a rule requiring not more than 20 nor less than 12 credit hours of continuing education for eligibility for renewal of a license to practice dental hygiene.
(b)
Continuing education required under par. (a) may include training in all of the following:
1.
Basic life support or cardiopulmonary resuscitation. Not more than 2 of the credit hours required under par. (a) may be satisfied by such training.
2.
Infection control. Not less than 2 of the credit hours required under par. (a) must be satisfied by such training.
(d)
The examining board may promulgate rules requiring that continuing education credit hours under par. (a) include courses in specific clinical subjects.
(2)
The credit hours required under sub. (1) (a) may be satisfied by independent study, correspondence, or Internet programs or courses.
(3)
Subsection (1) (a) does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.
(4)
A person may substitute credit hours of college level courses related to the practice of dental hygiene for the credit hours required under sub. (1) (a). For purposes of this subsection, one credit hour of a college level course is equivalent to 6 credit hours of continuing education.
(5)
For purposes of sub. (1) (a), one hour of teaching or preparing a continuing education program is equivalent to one credit hour of continuing education, but a person who teaches or prepares a continuing education program may obtain credit for the program only once.
(6)
The examining board may require applicants for renewal of a license to practice dental hygiene to submit proof of compliance with the requirements of this section.
History:  2005 a. 318; 2007 a. 31; 2007 a. 20 s. 9121 (6) (a); 2009 a. 10; 2017 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.056 - Continuing education; dentists.

447.056
Continuing education; dentists.
(1)
Except as provided in subs. (2) to (4), a person is not eligible for renewal of a license to practice dentistry, other than a permit issued under s. 447.02 (3), unless the person has taught, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), 30 credit hours of continuing education related to the practice of dentistry or the practice of medicine, including not less than 25 credit hours of instruction in clinical dentistry or clinical medicine. Not more than 4 of the 30 hours may be from teaching. Continuing education does not satisfy the requirements under this subsection unless the continuing education is one of the following:
(a)
Sponsored or recognized by a local, state, regional, national, or international dental or medical professional organization.
(b)
A college-level course that is offered by a postsecondary institution accredited by the American Dental Association commission on dental accreditation or a successor agency, or by another recognized accrediting body.
(2)
Subsection (1) does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.
(3)
Credit hours completed before the 2-year period immediately preceding renewal of a license to practice dentistry may not be applied to fulfill the credit hours required under sub. (1).
(4)
The examining board may waive the continuing education requirements under sub. (1) if it finds that exceptional circumstances such as prolonged illness, disability, or other similar circumstances have prevented a person licensed to practice dentistry from meeting the requirement.
(5)
A person who is licensed to practice dentistry shall keep a written record detailing each continuing education credit completed in compliance with sub. (1) and shall maintain the written record for not less than 6 years after the person completes each credit. The examining board may require applicants for renewal of a license to practice dentistry to submit proof of compliance with the requirements of this section.
History:  2007 a. 31; 2009 a. 10.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.058 - Mobile dentistry program registration.

447.058
Mobile dentistry program registration.
(1)
Registration required. 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.
(2)
Registration.
(a)
The examining board may grant a registration under this section to a person who does all of the following:
1.
Submits an application for registration to the department 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 number, and any other information the department or the examining board requires.
2.
Pays the fee specified in s. 440.05 (1).
3.
Satisfies any other requirements established by the examining board by rule.
(b)
A mobile dentistry program registrant shall submit an application for renewal, and the applicable renewal fee determined by the department under s. 440.03 (9) (a), to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a).
History:  2013 a. 244.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.059 - Administering certain vaccines.

447.059
Administering certain vaccines.
(1)
A dentist may administer without a prescription order a vaccine against SARS-CoV-2 coronavirus or influenza only if he or she satisfies all of the following:
(a)
The dentist successfully completes 8 hours in a course of study and training approved by the examining board in vaccination storage, protocols, administration technique, emergency procedures, and record keeping.
(b)
The dentist has in effect liability insurance that covers the dentist against loss, expense, and liability resulting from errors, omissions, or neglect in the administration of vaccines against SARS-CoV-2 coronavirus and influenza in an amount that is not less than $1,000,000 for each occurrence and $2,000,000 for all occurrences in any one policy year.
(c)
The dentist maintains proof of completing a course of study and training specified in par. (a) and satisfying the requirement specified in par. (b).
(2)
A dentist may not administer a vaccine under sub. (1) to a child who is under the age of 6 unless all of the following apply:
(a)
The vaccine is administered pursuant to a prescription order issued within the 29 days immediately preceding the day on which the vaccine is administered.
(b)
The dentist successfully completes a course of instruction approved by the examining board that includes the administration of vaccines against SARS-CoV-2 coronavirus and influenza to children under the age of 6.
(c)
The dentist maintains proof of completing a course of instruction specified in par. (b).
(3)
Upon request, a dentist shall provide copies of proof required under subs. (1) (c) and (2) (c) to the department or the examining board.
(4)
A dentist who administers a vaccine under sub. (1) shall update the Wisconsin Immunization Registry established by the department of health services within 7 days of administering the vaccine.
History:  2021 a. 8.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.063 - Preservation and transfer of patient health care records.

447.063
Preservation and transfer of patient health care records.
(1)
A person who manages or controls a business that offers dental or dental hygiene services, including management or control of a business through which the person allows another person to offer dental or dental hygiene services, shall preserve patient health care records, as defined in s. 146.81 (4), for an amount of time determined by the examining board by rule.
(2)
A person who manages or controls a business that offers dental or dental hygiene services, including management or control of a business through which the person allows another person to offer dental or dental hygiene services, shall, upon request of a patient or person authorized by the patient, as defined in s. 146.81 (5), transfer the patient health care records, as defined in s. 146.81 (4), of the patient to another person that the patient or person authorized by the patient specifies to receive the patient health care records.
History:  2017 a. 116.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.065 - Delegation of remediable procedures and dental practices.

447.065
Delegation of remediable procedures and dental practices.
(1)
A dentist who is licensed to practice dentistry under this chapter may delegate to an individual who is not licensed under this chapter only the performance of remediable procedures, and only if all of the following conditions are met:
(a)
The unlicensed individual performs the remediable procedures in accordance with a treatment plan approved by the dentist.
(b)
The dentist is on the premises when the unlicensed individual performs the remediable procedures.
(c)
The unlicensed individual's performance of the remediable procedures is subject to inspection by the dentist.
(2)
Subject to the requirements under s. 447.06 (2), a dentist who is licensed to practice dentistry under this chapter may delegate to a dental hygienist who is licensed to practice dental hygiene under this chapter the performance of remediable procedures and the administration of oral systemic premedications, local anesthesia, nitrous oxide inhalation analgesia, and subgingival sustained release chemotherapeutic agents.
(3)
A dentist who delegates to another individual the performance of any practice or remediable procedure is responsible for that individual's performance of that delegated practice or procedure.
History:  1989 a. 349; 1997 a. 96; 2013 a. 354.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.067 - Identification of removable prosthetic devices.

447.067
Identification of removable prosthetic devices.
(1)
Except as provided in sub. (2), a dentist who constructs a removable prosthetic device shall mark the device with the patient's first and last name. Except as provided in sub. (2), a dentist who authorizes a dental laboratory or dental laboratory technician to construct a removable prosthetic device shall ensure that the device is marked with the patient's first and last name.
(2)
The following exceptions apply to the identification required under sub. (1):
(a)
The first, middle and last name initials of the patient may be substituted for the first and last name of the patient if, in the professional judgment of the dentist, it is impracticable to mark the first and last name of the patient.
(b)
The name and the initials of the patient may be omitted if each of those forms of identification is medically contraindicated.
History:  1993 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.09 - Penalties.

447.09
Penalties.
Any person who violates this chapter may be fined not more than $1,000 or imprisoned for not more than one year in the county jail or both for the first offense and is guilty of a Class I felony for the 2nd or subsequent conviction within 5 years.
History:  1989 a. 349; 1997 a. 283; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.10 - Injunction.

447.10
Injunction.
If it appears upon the complaint of any person to the examining board, or it is believed by the examining board that any person is violating this chapter, the examining board, or the district attorney of the proper county, may investigate such alleged violation, and may, in addition to or in lieu of any other remedies provided by law, bring action in the name and on behalf of the state against any such person to enjoin such violation. Between meetings of the examining board, its president and secretary, acting in its behalf, are empowered jointly to make such an investigation, and on the basis thereof to seek such relief. Investigations conducted by the examining board, or by its president and secretary, shall be conducted according to rules promulgated under s. 440.03 (1).
History:  1977 c. 418.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.11 - Wisconsin Dental Association.

447.11
Wisconsin Dental Association.
The Wisconsin Dental Association is continued with the general powers of a domestic nonstock corporation. It may take by purchase or gift and hold real and personal property. It may adopt, alter and enforce bylaws and rules for the admission and expulsion of members, the election of officers and the management of its affairs.
History:  1989 a. 349.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.12 - County and district dental societies.

447.12
County and district dental societies.
(1)
The dentists of any county who are licensed to practice dentistry under this chapter, provided there are at least 5 in the county, may organize a county dental society as a component of the Wisconsin Dental Association. When so organized it shall be a body corporate, and shall be designated as the dental society of the county, and shall have the general powers of a corporation and may take by purchase or gift and hold real and personal property. County dental societies now existing are continued with the powers and privileges conferred by this chapter. A county or district dental society that was in existence but unincorporated on September 29, 1963, is not required to incorporate unless that is the express wish of the majority of its members.
(2)
Persons who hold the degree of doctor of dental surgery, or its equivalent, and any other persons who have been licensed by the examining board to practice dentistry in this state, shall be eligible to meet for the organization of or to become members of a county dental society.
(3)
If there are not a sufficient number of dentists in a given county to form a dental society under sub. (1), those residing in the county may unite with those of adjoining counties and organize a multicounty or district dental society as a component of the Wisconsin Dental Association. The organizational meeting shall be held at the time and place agreed upon in writing by a majority of those eligible to belong.
(4)
A county or district dental society may adopt, alter and enforce articles and bylaws, or a constitution and bylaws for the admission and expulsion of members, the election of officers and the management of its affairs, but no instrument or action on the part of the society is valid if it is inconsistent with the articles, bylaws or policies of the Wisconsin Dental Association, or if it violates the autonomy of any other component of the Wisconsin Dental Association. Any county or district dental society which incorporates after September 29, 1963, shall file its articles as provided in ch. 181.
History:  1989 a. 349.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.13 - Service insurance corporations for dental care.

447.13
Service insurance corporations for dental care.
The Wisconsin Dental Association or, in a manner and to the extent approved by the Wisconsin Dental Association, a county or district dental society, may establish in one or more counties a service insurance corporation for dental care under ch. 613.
History:  1975 c. 223; 1989 a. 349.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.15 - Definitions applicable to indemnification and insurance provisions.

447.15
Definitions applicable to indemnification and insurance provisions.
In ss. 447.15 to 447.31:
(1)
“Dental society" means a county or district dental society organized or continued under s. 447.12.
(2)
“Director or officer" means any of the following:
(a)
A natural person who is or was a director or officer of a dental society.
(b)
A natural person who, while a director or officer of a dental society, is or was serving at the dental society's request as a director, officer, partner, trustee, member of any governing or decision-making committee, employee or agent of another dental society or corporation, partnership, joint venture, trust or other enterprise.
(c)
A natural person who, while a director or officer of a dental society, is or was serving an employee benefit plan because his or her duties to the dental society also imposed duties on, or otherwise involved services by, the person to the plan or to participants in or beneficiaries of the plan.
(d)
Unless the context requires otherwise, the estate or personal representative of a director or officer.
(3)
“Expenses" include fees, costs, charges, disbursements, attorney fees and any other expenses incurred in connection with a proceeding.
(4)
“Liability" includes the obligation to pay a judgment, settlement, forfeiture, or fine, including any excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.
(5)
“Party" means a natural person who was or is, or who is threatened to be made, a named defendant or respondent in a proceeding.
(6)
“Proceeding" means any threatened, pending or completed civil, criminal, administrative or investigative action, suit, arbitration or other proceeding, whether formal or informal, which involves foreign, federal, state or local law and which is brought by or in the right of the dental society or by any other person.
History:  1987 a. 13; 2003 a. 139.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.17 - Mandatory indemnification.

447.17
Mandatory indemnification.
(1)
A dental society shall indemnify a director or officer, to the extent he or she has been successful on the merits or otherwise in the defense of a proceeding, for all reasonable expenses incurred in the proceeding if the director or officer was a party because he or she is a director or officer of the dental society.
(2)
(a)
In cases not included under sub. (1), a dental society shall indemnify a director or officer against liability incurred by the director or officer in a proceeding to which the director or officer was a party because he or she is a director or officer of the dental society, unless liability was incurred because the director or officer breached or failed to perform a duty he or she owes to the dental society and the breach or failure to perform constitutes any of the following:
1.
A willful failure to deal fairly with the dental society or its members in connection with a matter in which the director or officer has a material conflict of interest.
2.
A violation of criminal law, unless the director or officer had reasonable cause to believe his or her conduct was lawful or no reasonable cause to believe his or her conduct was unlawful.
3.
A transaction from which the director or officer derived an improper personal profit.
4.
Willful misconduct.
(b)
Determination of whether indemnification is required under this subsection shall be made under s. 447.19.
(c)
The termination of a proceeding by judgment, order, settlement or conviction, or upon a plea of no contest or an equivalent plea, does not, by itself, create a presumption that indemnification of the director or officer is not required under this subsection.
(3)
A director or officer who seeks indemnification shall make a written request to the dental society.
(4)
(a)
Indemnification under this section is not required to the extent limited by the dental society's articles, constitution or bylaws under s. 447.23.
(b)
Indemnification under this section is not required if the director or officer has previously received indemnification or allowance of expenses from any person, including the dental society, in connection with the same proceeding.
History:  1987 a. 13.
Cooperative indemnification. La Rowe and Weine. WBB Sept. 1988.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.19 - Determination of right to indemnification.

447.19
Determination of right to indemnification.
Unless otherwise provided by the articles, constitution or bylaws or by written agreement between the director or officer and the dental society, the director or officer seeking indemnification under s. 447.17 (2) shall select one of the following means for determining his or her right to indemnification:
(1)
By majority vote of a quorum of the board of directors consisting of directors not at the time parties to the same or related proceedings. If a quorum of disinterested directors cannot be obtained, by majority vote of a committee duly appointed by the board of directors and consisting solely of 2 or more directors not at the time parties to the same or related proceedings. Directors who are parties to the same or related proceedings may participate in the designation of members of the committee.
(2)
By independent legal counsel selected by a quorum of the board of directors or its committee in the manner prescribed in sub. (1) or, if unable to obtain such a quorum or committee, by a majority vote of the full board of directors, including directors who are parties to the same or related proceedings.
(3)
By a panel of 3 arbitrators consisting of one arbitrator selected by those directors entitled under sub. (2) to select independent legal counsel, one arbitrator selected by the director or officer seeking indemnification and one arbitrator selected by the 2 arbitrators previously selected.
(4)
By an affirmative vote of a majority of members who are entitled to vote and who are present in person or represented by proxy at a meeting at which a quorum is present, if there are members having voting rights. Unless the articles, constitution or bylaws provide otherwise, members holding one-tenth of the votes entitled to be cast, present in person or represented by proxy, shall constitute a quorum at a meeting of members. Membership rights owned by, or voted under the control of, persons who are at the time parties to the same or related proceedings, whether as plaintiffs or defendants or in any other capacity, may not be voted in making the determination.
(5)
By a court under s. 447.27.
(6)
By any other method provided for in any additional right to indemnification permitted under s. 447.25.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.21 - Allowance of expenses as incurred.

447.21
Allowance of expenses as incurred.
Upon written request by a director or officer who is a party to a proceeding, a dental society may pay or reimburse his or her reasonable expenses as incurred if the director or officer provides the dental society with all of the following:
(1)
A written affirmation of his or her good faith belief that he or she has not breached or failed to perform his or her duties to the dental society.
(2)
A written undertaking, executed personally or on his or her behalf, to repay the allowance and, if required by the dental society, to pay reasonable interest on the allowance to the extent that it is ultimately determined under s. 447.19 that indemnification under s. 447.17 (2) is not required and that indemnification is not ordered by a court under s. 447.27 (2) (b). The undertaking under this subsection shall be an unlimited general obligation of the director or officer and may be accepted without reference to his or her ability to repay the allowance. The undertaking may be secured or unsecured.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.23 - Dental society may limit indemnification.

447.23
Dental society may limit indemnification.
(1)
A dental society's obligations to indemnify under s. 447.17 may be limited as follows:
(a)
If the dental society is organized before June 13, 1987, except as provided in s. 447.12 (4), by an amendment to its articles, constitution or bylaws which becomes effective on or after June 13, 1987.
(b)
If the dental society is organized on or after June 13, 1987, except as provided in s. 447.12 (4), by its articles, constitution or bylaws, including any amendments to its articles, constitution or bylaws.
(2)
A limitation under sub. (1) applies if the first alleged act of a director or officer for which indemnification is sought occurred while the limitation was in effect.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.25 - Additional rights to indemnification and allowance of expenses.

447.25
Additional rights to indemnification and allowance of expenses.
(1)
Except as provided in sub. (2), ss. 447.17 and 447.21 do not preclude any additional right to indemnification or allowance of expenses that a director or officer may have under any of the following:
(a)
The articles, constitution or bylaws.
(b)
A written agreement between the director or officer and the dental society.
(c)
A resolution of the board of directors.
(d)
A resolution, after notice, adopted by a majority vote of members who are entitled to vote.
(2)
Regardless of the existence of an additional right under sub. (1), the dental society may not indemnify a director or officer, or permit a director or officer to retain any allowance of expenses unless it is determined by or on behalf of the dental society that the director or officer did not breach or fail to perform a duty he or she owes to the dental society which constitutes conduct under s. 447.17 (2) (a) 1., 2., 3. or 4. A director or officer who is a party to the same or related proceeding for which indemnification or an allowance of expenses is sought may not participate in a determination under this subsection.
(3)
Sections 447.15 to 447.31 do not affect a dental society's power to pay or reimburse expenses incurred by a director or officer in any of the following circumstances:
(a)
As a witness in a proceeding to which he or she is not a party.
(b)
As a plaintiff or petitioner in a proceeding because he or she is or was an employee, agent, director or officer of the dental society.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.27 - Court-ordered indemnification.

447.27
Court-ordered indemnification.
(1)
Except as provided otherwise by written agreement between the director or officer and the dental society, a director or officer who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. Application shall be made for an initial determination by the court under s. 447.19 (5) or for review by the court of an adverse determination under s. 447.19 (1), (2), (3), (4) or (6). After receipt of an application, the court shall give any notice it considers necessary.
(2)
The court shall order indemnification if it determines any of the following:
(a)
That the director or officer is entitled to indemnification under s. 447.17 (1) or (2). If the court also determines that the dental society unreasonably refused the director's or officer's request for indemnification, the court shall order the dental society to pay the director's or officer's reasonable expenses incurred to obtain the court-ordered indemnification.
(b)
That the director or officer is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, regardless of whether indemnification is required under s. 447.17 (2).
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.29 - Indemnification and allowance of expenses of employees and agents.

447.29
Indemnification and allowance of expenses of employees and agents.
A dental society may indemnify and allow reasonable expenses of an employee or agent who is not a director or officer to the extent provided by the articles, constitution or bylaws, by general or specific action of the board of directors or by contract.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.31 - Insurance.

447.31
Insurance.
A dental society may purchase and maintain insurance on behalf of an individual who is an employee, agent, director or officer of the dental society against liability asserted against and incurred by the individual in his or her capacity as an employee, agent, director or officer, or arising from his or her status as an employee, agent, director or officer, regardless of whether the dental society is required or authorized to indemnify or allow expenses to the individual against the same liability under ss. 447.17, 447.21, 447.25 and 447.29.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 447 - Dentistry examining board. › 447.34 - Reliance by directors or officers.

447.34
Reliance by directors or officers.
Unless the director or officer has knowledge that makes reliance unwarranted, a director or officer of a county or district dental society organized or continued under s. 447.12 may, in discharging his or her duties to the dental society, rely on information, opinions, reports or statements, any of which may be written or oral, formal or informal, including financial statements and other financial data, if prepared or presented by any of the following:
(1)
An officer or employee of the dental society whom the director or officer believes in good faith to be reliable and competent in the matters presented.
(2)
Legal counsel, certified public accountants licensed under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.
(3)
In the case of reliance by a director, a committee of the board of directors of which the director is not a member if the director believes in good faith that the committee merits confidence.
History:  1987 a. 13; 2001 a. 16.