DISCLAIMER: The following, as with all content on WDA.org, is offered as information only and not as practice, financial, accounting, legal or other professional advice. Please consult your own professional advisors for such advice. Click here for our complete Terms of Use.

View answers to these frequently asked questions:

• Who 'owns' a patient's dental records?
• If I go for a cleaning twice a year, does the dentist have to examine me each time?
• Are there laws about how often X-rays must be taken?
• How do I know how much my treatment will cost? 
• Is it legal to perform teeth whitening services in malls, salons and places other than a dental office?
• Do dental assistants have to be licensed or certified in Wisconsin?
• How do I find a dentist who accepts Medicaid, BadgerCare or BadgerCare Plus?
• At what age should a child be seen by a dentist?

Who ‘owns’ a patient’s dental records?

The dentist owns the records, but the patient owns the information contained in the records. As such, the patient has a right to examine and/or obtain a copy of his or her records at any time. Patients may obtain copies of their dental records by paying a reasonable copying cost.

The dentist is not required to and should not relinquish physical possession of the original records.

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If I go for a cleaning twice a year, does the dentist have to examine me each time?

Examinations and X-rays are important tools a dentist uses to assess and maintain a patient's oral health.

Exams must be done at least once a year by a dentist for patients being seen by a dental hygienist without the dentist present. State statute doesn't dictate how often exams must be performed if the dentist is always present, but that is most likely because it is assumed that if the dentist is present he or she is performing examinations.

From a liability standpoint, a dentist should examine a patient on a "regular" basis. The WDA recommends dental offices set forth individual office policies on frequency of dental examinations.

Also, other factors may influence how often a dentist needs to examine a patient. For example, a dentist should conduct an exam before performing any clinical treatment, since an exam will help determine the proper course of treatment to be followed. In addition, patients may need to be seen more frequently if they have serious or ongoing oral health issues.

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Are there laws about how often X-rays must be taken?

X-rays are often a part of dental exams, and while there is no statutory direction as to how often a dentist must take X-rays, there is a general liability issue.

Dentists should take X-rays in a "reasonable" time span to justify that he or she didn't disregard patients' oral health care. A dentist isn't legally required to take X-rays every six months or every year, particularly in patients who generally enjoy good oral health. However, if the dentist doesn't take X-rays and something happens, then he or she will be judged by the standards of the profession which indicate that it is proper to use X-rays for diagnostic purposes; it is difficult to do a thorough diagnosis without taking X-rays in reasonable intervals throughout the patient's "lifetime" at the dental office.

While dental patients have the right to refuse X-rays, the dentists also have the right to set a policy in their office dictating how often they take them for diagnostic purposes. X-rays provide your dentist with a valuable diagnostic tool that helps assess the overall condition of your teeth and their roots, jaw placement and overall composition of your facial bones. X-rays help your dentist see diseases of the teeth and surrounding tissue that cannot be seen with a basic visual oral examination and find and treat dental problems early in their development. This can potentially save you money, unnecessary discomfort and maybe even your life.

If the dentist has a policy that X-rays are to be taken at a given interval, and the patient refuses, the dentist has the right (although he or she may choose not exercise it) to dismiss the patient from his or her practice. The reason for this is that both the patient and dentist should be comfortable with the dentist/patient relationship and, should there be disagreement on fundamental treatment, then both parties would be better served in an environment where they both are comfortable. 

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How do I know how much my treatment will cost?

The WDA strongly encourages dental patients to ask about the cost of treatment prior to having the procedures done. A variety of factors help determine the cost of procedures (which are not standardized across offices), such as where in the state the practice is located, dentist and staff training, overhead costs and whether the office accepts a particular type of insurance. To get an idea of what dental offices are charging in your area, patients may wish to consider seeking out consultation from several other local dentists. However, the cost of a procedure should not be the final determination as to which office you choose, but one where the doctor-patient relationship is most comfortable.

It is important to have a complete treatment plan and financial arrangements in place before moving forward with needed dental work.

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Is it legal to perform teeth whitening services in malls, salons and places other than a dental office?

If you visit a dentist, he or she must first examine you to determine if teeth whitening is appropriate for you. The Wisconsin Dentistry Examining Board says, “It is essential that a dentist examine and diagnose a patient before proceeding with teeth whitening or delegating that procedure to anyone within a dental office.

The Wisconsin Department of Justice, however, doesn’t consider teeth whitening as practicing dentistry. This makes it legal for non-dentists who have no education or skill in all the other important aspects of oral health to do teeth whitening outside a dental office and without a dentist’s diagnosis.

The WDA recommends patients consult with a dentist to see if teeth whitening is right for them and, if so, have the treatment done by a dentist or under the supervision of one. Click here to read more.

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Do dental assistants have to be licensed or certified in Wisconsin?

The state of Wisconsin does not issue licenses, certificates or registrations to dental assistants. Dentists and dental hygienists are the only licensed dental professionals in the state.

Dental assisting programs may grant attendees completion certificates, but that is not the same as being licensed or certified by the state. Visit the American Dental Assisting Association’s Web site for more information.

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How do I find a dentist who accepts Medicaid, BadgerCare or BadgerCare Plus?

The WDA does not keep a list of dentists who see Medicaid, BadgerCare, BadgerCare Plus or Title XIX patients, but there is a toll-free hot line operated by the state that patients can call. It is the Medicaid/BadgerCare recipient hot line and the number is 800-362-3002.

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At what age should a child be seen by a dentist?

The WDA, American Dental Association and American Academy of Pediatric Dentistry recommend children be examined by a doctor of dental surgery (DDS) or dental medicine (DMD) within six months of the eruption of the first tooth and no later than age 1.

According to a February 2005 Children’s Dental Health Project report, low-income children who have their first dental exam by age 1 are less likely to visit emergency rooms for oral health problems or require restorative care. In addition, 5-year-olds who had their first dental visit at age 1 have incurred oral health-related costs at a rate about one-half that of their peers who don’t see a dentist until age 5.

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DISCLAIMER: The above, as with all content on WDA.org, is offered as information only and not as practice, financial, accounting, legal or other professional advice. Please consult your own professional advisors for such advice. Click here for our complete Terms of Use.