Wisconsin Administrative Code › Dentistry Examining Board › Chapter DE 5 - Standards Of Conduct › Section DE 5.02 - Unprofessional conduct

Current through June 24, 2024
Unprofessional conduct by a dentist, 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 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 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 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
			 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 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 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.
(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 licensee or certified individual 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 licensee 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.