SENATE AMENDED
PRIOR PRINTER'S NOS. 1628, 2934 PRINTER'S NO. 4344
No. 1257 Session of 2007
INTRODUCED BY PASHINSKI, KORTZ, FREEMAN, JOSEPHS, MUNDY AND
JAMES, MAY 21, 2007
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, IN SENATE, AS AMENDED, SEPTEMBER 17, 2008
AN ACT
1 Amending the act of May 1, 1933 (P.L.216, No.76), entitled "An
2 act relating to dentistry; defining and providing for the
3 licensing and registration of dentists and dental hygienists,
4 and for the revocation and suspension of such licenses and
5 registrations, subject to appeal, and for their
6 reinstatement; defining the powers and duties of the State
7 Dental Council and Examining Board and the Department of
8 Public Instruction; providing penalties; and repealing
9 existing laws," further defining "expanded function dental
10 assistant"; defining "certified dental assistant"; further <--
11 providing for general powers of the State Board of Dentistry,
12 for fees, for reason for refusal, revocation or suspension of
13 license or certificate, for penalties, for civil penalties,
14 for right of dentists to practice as dental hygienists and
15 expanded function dental assistants, for reporting of
16 multiple licensure or certification and for the definition of
17 "assignment of duties"; and providing for scope of practice
18 of expanded function dental assistant and for scope of
19 practice for certified dental assistant. FURTHER PROVIDING <--
20 FOR THE STATE BOARD OF DENTISTRY; AND PROVIDING FOR SCOPE OF
21 PRACTICE OF EXPANDED FUNCTION DENTAL ASSISTANT.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The definition of "expanded function dental
25 assistant" in section 2 of the act of May 1, 1933 (P.L.216,
26 No.76), known as The Dental Law, added December 27, 1994
1 (P.L.1361, No.160), is amended and the section is amended by <--
2 adding a definition to read:
3 Section 2. Definitions.--* * *
4 "Expanded Function Dental Assistant" means an individual who
5 holds a current valid certification under this act to perform
6 reversible intraoral procedures authorized by this act under the
7 direct supervision of a licensed dentist and under an assignment
8 of duties by a dentist, as defined in section 11.8. [Such
9 procedures include, but are not limited to, placing and removing
10 rubber dams and matrices, placing and contouring amalgam and
11 other restorative materials and other reversible procedures not
12 designated by this act to be performed only by licensed dentists
13 or dental hygienists. Expanded function dental assistants shall
14 not perform the following procedures:
15 (a) Complete or limited examination, diagnosis and treatment
16 planning.
17 (b) Surgical or cutting procedures of hard or soft tissue.
18 (c) Prescribing drugs, medicaments or work authorizations.
19 (d) Taking impressions other than for study models or
20 diagnostic casts.
21 (e) Final inspection and approval of restorative and other
22 treatment which affects occlusion and any necessary occlusal
23 adjustments.
24 (f) Performing pulp capping, pulpotomy and other endodontic
25 procedures.
26 (g) Placement and intraoral adjustments of fixed and
27 removable prosthetic appliances.
28 (h) Administration of local anesthesia, parenteral or
29 inhalational sedation or general anesthesia.
30 Expanded function dental assistants shall perform under the
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1 direct supervision of a dentist. Direct supervision means that a
2 dentist is in the dental office or treatment facility,
3 personally diagnoses the condition to be treated, personally
4 authorizes the procedure and remains in the dental office or
5 treatment facility while the procedure is being performed by the
6 expanded function dental assistant and, before dismissal of the
7 patient, evaluates the work performed by the expanded function
8 dental assistant.] In addition, an expanded function dental
9 assistant may perform those procedures specified in section
10 11.10 and other reversible procedures not designated by this act
11 to be performed by licensed dentists or dental hygienists. For
12 purposes of this definition, "direct supervision" shall mean
13 that a dentist is in the dental office or treatment facility,
14 personally diagnoses the condition to be treated, personally
15 authorizes the procedure and remains in the dental office or
16 treatment facility while the procedure is being performed and,
17 before dismissal of the patient, PERSONALLY evaluates the work <--
18 performed.
19 * * *
20 "Certified Dental Assistant" means an individual who meets <--
21 all of the qualifications set forth in section 11.11 and is
22 certified by the State Board of Dentistry.
23 Section 2. Section 3(a), (b), (g) and (m) of the act,
24 amended December 27, 1994 (P.L.1361, No.160), are amended and
25 the section is amended by adding a subsection to read:
26 Section 3. General Powers of the State Board of Dentistry.--
27 The State Board of Dentistry (hereinafter called the board)
28 shall have the following powers and duties:
29 (a) To establish and alter, from time to time, the standards
30 of preliminary and professional education and the training
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1 required for licensure to practice dentistry and as dental
2 hygienists and certification for expanded function dental
3 assistants and certification for dental assistants.
4 (b) To investigate and determine the acceptability and to
5 approve and disapprove institutions and colleges of this State
6 and of other states and countries for the education of students
7 desiring to be licensed to practice dentistry or as dental
8 hygienists or to be certified as expanded function dental
9 assistants or to be certified dental assistants, and to revoke
10 approvals where such institutions and colleges no longer are
11 deemed proper.
12 * * *
13 (d.2) (1) To provide for and to regulate the certification,
14 and to certify as dental assistants individuals who meet the
15 requirements under clause (2).
16 (2) The board may issue certification as a dental assistant
17 to an applicant who submits an application approved by the
18 board, pays a fee set by the board and meets the following
19 requirements:
20 (i) Verifies to the satisfaction of the board at least three
21 thousand five hundred hours of clinical experience performing
22 the functions of a dental assistant.
23 (ii) Holds a current cardiopulmonary resuscitation
24 certification.
25 (iii) Has successfully passed the dental assistant national
26 board's certified dental assistant examination.
27 * * *
28 (g) To prescribe the professional title or other designation
29 which any person licensed or certified under this act may use in
30 connection with his or her name in the practice of dentistry or
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1 as a dental hygienist or as an expanded function dental
2 assistant or as a certified dental assistant, to regulate the
3 use of the same, and to prosecute those who illegally use the
4 same.
5 * * *
6 (m) To administer and enforce the laws of the Commonwealth
7 relating to the practice of dentistry and dental hygienists and
8 certified expanded function dental assistants and certified
9 dental assistants, and to instruct and require its agents to
10 bring prosecutions for unauthorized and unlawful practices.
11 * * *
12 Section 3. Sections 4(a), 4.1, 10, 10.1, 11, 11.5 and 11.8
13 of the act, amended December 27, 1994 (P.L.1361, No.160), are
14 amended to read:
15 Section 4. Fees.--(a) The fee for an applicant for
16 examination and licensure to practice dentistry or as a dental
17 hygienist or certification for an expanded function dental
18 assistant or certification as a dental assistant in this
19 Commonwealth shall be fixed by the board by regulation. It shall
20 be the duty of all persons now qualified and engaged in the
21 practice of dentistry and dental hygiene or as a certified
22 expanded function dental assistant or certified dental
23 assistant, or who shall hereafter be licensed or certified by
24 the board, to renew biennially with said board, and pay for each
25 such biennial renewal a fee which shall be fixed by the board by
26 regulation.
27 * * *
28 Section 4.1. Reason for Refusal, Revocation or Suspension of
29 License or Certificate.--(a) The board shall have authority, by
30 majority action, to refuse, revoke or suspend the license of any
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1 dentist or dental hygienist or certificate of an expanded
2 function dental assistant or certificate of a dental assistant
3 for any or all of the following reasons:
4 (1) Failing to demonstrate the qualifications or standards
5 for a license contained in this act or regulations of the board.
6 (2) Making misleading, deceptive, untrue or fraudulent
7 representations.
8 (3) Practicing fraud or deceit in obtaining a license to
9 practice dentistry or dental hygiene or certificate for expanded
10 function dental assisting or certificate of dental assisting or
11 making a false or deceptive biennial renewal with the board.
12 (4) Having been found guilty of a crime or misdemeanor
13 involving moral turpitude or having been found guilty of a
14 felony in violation of the laws of this Commonwealth or any
15 other state, territory or country. For purposes of this clause
16 (4), the phrase "having been found guilty" shall include a
17 finding or verdict of guilt, an admission of guilt or a plea of
18 nolo contendere.
19 (5) Having a license to practice dentistry or dental hygiene
20 or certificate for expanded function dental assisting or
21 certificate for dental assisting revoked, suspended or having
22 other disciplinary action imposed or consented to by the proper
23 licensing authority of another state, territory or country or
24 his application for license refused, revoked or suspended by the
25 proper licensing authority of another state, territory or
26 country.
27 (6) Violating any of the provisions of this act or of a
28 lawful regulation promulgated by the board or violating a lawful
29 order of the board previously entered by the board in a
30 disciplinary proceeding.
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1 (7) Knowingly maintaining a professional connection or
2 association with any person who is in violation of this act or
3 regulations of the board or knowingly aiding, assisting,
4 procuring or advising any unlicensed person to practice
5 dentistry or dental hygiene or uncertified person for expanded
6 function dental assisting or uncertified person for certified
7 dental assisting contrary to this act or regulations of the
8 board.
9 (8) Engaging in unprofessional conduct. For purposes of this
10 clause (8), unprofessional conduct shall include any departure
11 from, or failure to conform to, the standards of acceptable and
12 prevailing dental or dental hygiene practice and standard of
13 care for expanded function dental assistants and certified
14 dental assistants in which proceeding actual injury to the
15 patient need not be established.
16 (9) Committing an act of gross negligence, malpractice or
17 incompetence or repeated acts of negligence, malpractice or
18 incompetence.
19 (10) Engaging in false, misleading or deceptive advertising.
20 (11) Being unable to practice dentistry or as a dental
21 hygienist or as an expanded function dental assistant or as a
22 certified dental assistant with reasonable skill and safety to
23 patients by reason of illness, drunkenness, excessive use of
24 controlled substances, chemicals or any other type of material,
25 or as the result of any mental or physical condition. In
26 enforcing this clause (11), the board shall, upon probable
27 cause, have authority to compel a dentist, dental hygienist
28 [or], expanded function dental assistant or certified dental
29 assistant to submit to a mental or physical examination by
30 physicians designated by the board. Failure of a dentist, dental
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1 hygienist [or], expanded function dental assistant or certified
2 dental assistant to submit to such examination when directed by
3 the board, unless such failure is due to circumstances beyond
4 his control, shall constitute an admission of the allegations
5 against him, consequent upon which a default and final order may
6 be entered without the taking of testimony or presentation of
7 evidence. A dentist, dental hygienist [or], expanded function
8 dental assistant or certified dental assistant affected under
9 this clause (11) shall, at reasonable intervals, be afforded an
10 opportunity to demonstrate that he or she can resume a competent
11 practice of dentistry, dental hygiene [or], as an expanded
12 function dental assistant or as a certified dental assistant
13 with reasonable skill and safety to patients.
14 (b) When the board finds that the license or certificate of
15 any person may be refused, revoked or suspended under the terms
16 of this section, the board may:
17 (1) Deny the application for license or certificate.
18 (2) Administer a public reprimand.
19 (3) Revoke, suspend, limit or otherwise restrict a license
20 or certificate as determined by the board. Unless ordered to do
21 so by a court, the board shall not reinstate the license of a
22 person to practice dentistry, or as a dental hygienist or
23 certificate of an expanded function dental assistant or
24 certificate of a dental assistant, which has been revoked, and
25 such person shall be required to apply for a license or
26 certificate after a five-year period in accordance with section
27 3, if he or she desires to practice at any time after such
28 revocation. Any person whose license or certificate has been
29 suspended or revoked because of a felony conviction under the
30 act of April 14, 1972 (P.L.233, No.64), known as "The Controlled
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1 Substance, Drug, Device and Cosmetic Act," or similar law of
2 another jurisdiction, may apply for reinstatement after a period
3 of at least ten (10) years has elapsed from the date of
4 conviction. The board may reinstate the license or certificate
5 if the board is satisfied that the person has made significant
6 progress in personal rehabilitation since the conviction such
7 that his reinstatement should not be expected to create a
8 substantial risk of harm to the health and safety of his
9 patients or the public or a substantial risk of further criminal
10 violations and if the person meets all other licensing or
11 certifying qualifications of this act, including the examination
12 requirement.
13 (4) Require a licensee or certified expanded function dental
14 assistant or certified dental assistant to submit to the care,
15 counseling or treatment of a physician or psychologist
16 designated by the board.
17 (5) Require that a licensee or certified expanded function
18 dental assistant or certified dental assistant successfully
19 complete a course of educational training and testing as
20 directed by the board.
21 (6) Restore or reissue, in its discretion, a license to
22 practice dentistry or dental hygiene or certificate for an
23 expanded function dental assistant or dental assistant and
24 impose any disciplinary or corrective measures which it might
25 originally have imposed.
26 (7) Suspend enforcement of its findings thereof and place a
27 licensee or certified expanded function dental assistant or
28 certified dental assistant on probation with the right to vacate
29 the probationary order for noncompliance.
30 (8) Order any person found to have violated any provision of
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1 this act or the regulations governing the practice of dentistry
2 to restore to any patient aggrieved by an unlawful act or
3 practice, any moneys or property, real or personal, acquired by
4 means of such act or practice, provided the board shall not
5 order restitution in a dollar amount greater than those moneys
6 received by the licensee or his agent.
7 (c) All actions of the board shall be taken subject to the
8 right of notice, hearing and adjudication and the right of
9 appeal therefrom in accordance with Title 2 of the Pennsylvania
10 Consolidated Statutes (relating to administrative law and
11 procedure).
12 (d) The board shall temporarily suspend a license or
13 certificate under circumstances as determined by the board to be
14 an immediate and clear danger to the public health or safety.
15 The board shall issue an order to that effect without a hearing,
16 but upon due notice, to the licensee or certified expanded
17 function dental assistant or certified dental assistant
18 concerned at his last known address, which shall include a
19 written statement of all allegations against the licensee or
20 certified expanded function dental assistant or certified dental
21 assistant. The provisions of subsection (c) shall not apply to
22 temporary suspension. The board shall thereupon commence formal
23 action to suspend, revoke or restrict the license or certificate
24 of the person concerned as otherwise provided for in this act.
25 All actions shall be taken promptly and without delay. Within
26 thirty days following the issuance of an order temporarily
27 suspending a license or certificate, the board shall conduct, or
28 cause to be conducted, a preliminary hearing to determine that
29 there is a prima facie case supporting the suspension. The
30 person whose license or certificate has been temporarily
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1 suspended may be present at the preliminary hearing and may be
2 represented by counsel, cross-examine witnesses, inspect
3 physical evidence, call witnesses, offer evidence and testimony
4 and make a record of the proceedings. If it is determined that
5 there is not a prima facie case, the suspended license or
6 certificate shall be immediately restored. The temporary
7 suspension shall remain in effect until vacated by the board,
8 but in no event longer than one hundred eighty days.
9 (e) The board shall require a person whose license or
10 certificate has been suspended or revoked to return the license
11 or certificate in such manner as the board directs. Failure to
12 do so shall be a misdemeanor of the third degree.
13 Section 10. Penalties.--(a) It is unlawful for any person
14 to practice dentistry or as a dental hygienist or as an expanded
15 function dental assistant or as a certified dental assistant, or
16 to hold himself or herself out as a practitioner of or entitled
17 or authorized to practice dentistry or as a dental hygienist or
18 as an expanded function dental assistant or as a certified
19 dental assistant, or to assume any title of "dentist," "dental
20 surgeon," "dental hygienist," expanded function dental
21 assistant" or "certified dental assistant" or other letters or
22 titles in connection with his or her name which in any way
23 represent him or her as being engaged in the practice of
24 dentistry or as a dental hygienist or as an expanded function
25 dental assistant or as a certified dental assistant, or
26 authorized so to do, unless he or she has been duly licensed or
27 certified, and authorized to engage in such practice under the
28 provisions of this act. A person who violates this subsection
29 commits a misdemeanor of the third degree and shall, upon
30 conviction, for a first offense, be sentenced to a fine not to
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1 exceed one thousand dollars ($1,000) or to imprisonment for not
2 more than six months, or both. A second offense shall be subject
3 to a fine not to exceed two thousand dollars ($2,000) or
4 imprisonment for a term of six months to one year, or both.
5 (b) It is unlawful for any person to practice dentistry or
6 as a dental hygienist or as an expanded function dental
7 assistant or as a certified dental assistant under a name other
8 than that on his or her license and biennial renewal, or to
9 practice under the name on his or her license and biennial
10 renewal with any addition thereto, except a purely technical
11 appellation such as "Dentist," "D.D.S.," "Orthodontist" or other
12 word or letters pertaining strictly to the practice of
13 dentistry, or to induce any person to practice dentistry or as a
14 dental hygienist or as an expanded function dental assistant or
15 as a certified dental assistant in violation of this act.
16 (c) It is unlawful for any person to sell, offer to sell or
17 barter or exchange any diploma or document conferring or
18 purporting to confer any dental degree or any license or
19 certificate issued according to law regulating the licensing of
20 dentists or dental hygienists or expanded function dental
21 assistants or certified dental assistants, or to alter any such
22 document with fraudulent intent, or to use it as a license to
23 practice dentistry under an assumed name, or to make any false
24 statement in an affidavit relating to or in an application for a
25 license.
26 (d) It is unlawful for any person to practice dentistry or
27 as a dental hygienist or as an expanded function dental
28 assistant or as a certified dental assistant unless his or her
29 license or certificate and biennial renewal certificate are
30 displayed in the office in which he or she is practicing
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1 dentistry or as a dental hygienist or as an expanded function
2 dental assistant or as a certified dental assistant.
3 (e) It is unlawful for a person practicing dentistry to
4 employ a person as a dental hygienist unless such person is
5 licensed as a dental hygienist as required by this act and the
6 rules and regulations of the board or to employ a person as an
7 expanded function dental assistant unless such person is
8 certified as an expanded function dental assistant as required
9 by this act and the rules and regulations of the board. It is
10 unlawful for a person practicing dentistry to employ a person as
11 a certified dental assistant unless such person is certified as
12 a certified dental assistant as required by this act and the
13 rules and regulations of the board.
14 (f) It is unlawful for any dentist to permit any dental
15 hygienist operating under his general supervision to perform any
16 operation other than those included within practice as a "Dental
17 Hygienist," as defined by section two of this act. It is
18 unlawful for any dentist to permit any expanded function dental
19 assistant operating under his or her direct supervision to
20 perform any procedures other than those included within the
21 definition of "Expanded Function Dental Assistant." It is
22 unlawful for any dentist to permit any certified dental
23 assistant operating under his direct supervision to perform any
24 procedures other than those included within the definition of
25 "Certified Dental Assistant."
26 (g) It is unlawful for any dental hygienist to perform any
27 of the operations included in practice as a "Dental Hygienist,"
28 as defined by section two of this act, except under the general
29 supervision of a licensed dentist. It is unlawful for any
30 expanded function dental assistant to perform any procedure
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1 within the definition of "Expanded Function Dental Assistant"
2 which requires certification under this act unless such
3 procedure is performed under the direct supervision of a
4 licensed dentist. It is unlawful for any certified dental
5 assistant to perform any procedure within the definition of
6 "Certified Dental Assistant" which requires certification under
7 this act unless such procedure is performed under the direct
8 supervision of a licensed dentist.
9 (h) Any person violating any of the provisions of this
10 section other than subsection (a), or any other provisions of
11 this act except as provided in subsection (a), shall be guilty
12 of a misdemeanor, and, upon conviction thereof, shall be
13 sentenced to pay a fine not exceeding five hundred dollars, or
14 to suffer imprisonment not exceeding six months, or both, in the
15 discretion of the court.
16 Section 10.1. Civil Penalties.--In addition to any other
17 civil remedy or criminal penalty provided for in this act, the
18 board, by a vote of the majority of the maximum number of the
19 authorized membership of the board as provided by law, or by a
20 vote of the majority of the duly qualified and confirmed
21 membership or a minimum of six members, whichever is greater,
22 may levy a civil penalty of up to one thousand dollars ($1,000)
23 on any current licensee who violates any provision of this act
24 or on any person who practices dentistry or as a dental
25 hygienist or as an expanded function dental assistant or as a
26 certified dental assistant without being properly licensed or
27 certified to do so under this act. The board shall levy this
28 penalty only after affording the accused party the opportunity
29 for a hearing as provided in Title 2 of the Pennsylvania
30 Consolidated Statutes (relating to administrative law and
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1 procedure).
2 Section 11. Right of Dentists to Practice as Dental
3 Hygienists [and as], Expanded Function Dental Assistants and
4 Certified Dental Assistants; Dental Supplies; Death
5 Certifications.--Nothing contained in this act shall be
6 construed as prohibiting a duly licensed and registered dentist
7 from performing the work of a dental hygienist or an expanded
8 function dental assistant or a certified dental assistant.
9 Nothing contained in this act or any other act shall be
10 construed as prohibiting a duly licensed dentist who is a staff
11 member of an approved hospital from executing a medical
12 certification in case of death if the dentist attended the
13 deceased during the last illness, provided the death occurs in
14 the hospital and the deceased had been admitted on the dental
15 service and the circumstances are not such as to require a
16 referral to the coroner under the provisions of any other act.
17 Nothing contained in this act shall be construed to prevent any
18 person, copartnership, association or corporation from
19 manufacturing and furnishing to or repairing for, licensed
20 dentists artificial teeth, crowns, bridges, prosthetic work, and
21 regulating appliances, but it shall be unlawful and constitute
22 the practice of dentistry for any person to fit, or attempt to
23 fit, or to furnish to or repair for any other person artificial
24 teeth, crowns, bridges, prosthetic work, or appliances.
25 Section 11.5. Reporting of Multiple Licensure or
26 Certification.--Any licensed dentist or dental hygienist or
27 certified expanded function dental assistant or certified dental
28 assistant of this Commonwealth who is also licensed to practice
29 dentistry or as a dental hygienist or a certified expanded
30 function dental assistant or certified dental assistant in any
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1 other state, territory or country shall report this information
2 to the board on the biennial renewal application. Any
3 disciplinary action taken in other states, territories or
4 countries shall be reported to the board on the biennial renewal
5 application or within ninety (90) days of disposition, whichever
6 is sooner. Multiple licensure or certification shall be noted by
7 the board on the dentist's, dental hygienist's or expanded
8 function dental assistant's or certified dental assistant's
9 record, and such state, territory or country shall be notified
10 by the board of any disciplinary actions taken against the
11 dentist or dental hygienist in this Commonwealth.
12 Section 11.8. Additional Definition.--As used in this act,
13 "Assignment of Duties" shall mean the assignment by a dentist to
14 another person of services and procedures which are performed in
15 the office of a dentist. A dentist may assign to such competent
16 person or persons as the dentist deems appropriate those
17 services and procedures performed in the dental office in which
18 the dentist is practicing but which do not require the
19 professional competence and skill of a dentist or dental
20 hygienist or expanded function dental assistant[.] or certified
21 dental assistant. Such services and procedures may include
22 placing and removing rubber dams and matrices. Such assignment
23 of services and procedures shall be under the direct supervision
24 of a licensed dentist. This section shall not be construed as
25 authorizing the delegation or assignment of diagnosing,
26 treatment planning and writing prescriptions for drugs or
27 writing authorizations for restorative, prosthetic or
28 orthodontic appliances.
29 SECTION 2. SECTION 2.1(A) OF THE ACT, ADDED DECEMBER 20, <--
30 1985 (P.L.513, NO.118), IS AMENDED TO READ:
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1 SECTION 2.1. STATE BOARD OF DENTISTRY.--(A) THE STATE BOARD
2 OF DENTISTRY SHALL CONSIST OF THE SECRETARY OF HEALTH, OR HIS
3 DESIGNEE, THE DIRECTOR OF THE BUREAU OF CONSUMER PROTECTION IN
4 THE OFFICE OF THE ATTORNEY GENERAL, OR HIS DESIGNEE, THE
5 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS AND [TEN]
6 TWELVE ADDITIONAL MEMBERS, WHO SHALL BE APPOINTED BY THE
7 GOVERNOR WITH THE ADVICE AND CONSENT OF A MAJORITY OF THE
8 MEMBERS ELECTED TO THE SENATE. TWO MEMBERS SHALL REPRESENT THE
9 PUBLIC AT LARGE. [SEVEN] EIGHT MEMBERS SHALL HAVE BEEN LICENSED
10 AND ENGAGED IN THE ACTUAL PRACTICE OF DENTISTRY IN THIS
11 COMMONWEALTH DURING A PERIOD OF NOT LESS THAN TEN YEARS
12 IMMEDIATELY PRECEDING THEIR APPOINTMENT. ONE MEMBER SHALL BE A
13 DENTAL HYGIENIST LICENSED TO PRACTICE DENTAL HYGIENE IN THIS
14 COMMONWEALTH AND SHALL HAVE BEEN ENGAGED IN THE PRACTICE OF
15 DENTAL HYGIENE FOR A PERIOD OF AT LEAST THREE YEARS IMMEDIATELY
16 PRECEDING APPOINTMENT. ONE MEMBER SHALL BE AN EXPANDED FUNCTION
17 DENTAL ASSISTANT.
18 * * *
19 Section 4 3. The act is amended by adding sections A SECTION <--
20 to read:
21 Section 11.10. Scope of Practice for Expanded Function
22 Dental Assistant.--(a) An expanded function dental assistant
23 may perform the following procedures:
24 (1) Placing and contouring amalgam and other restorative
25 materials.
26 (2) Perform coronal polishing.
27 (3) Perform fluoride treatments, including fluoride varnish.
28 (4) Take impressions of teeth for athletic appliances.
29 (b) An expanded function dental assistant may not perform
30 the following procedures:
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1 (1) Complete or limited examination, diagnosis and treatment
2 planning.
3 (2) Surgical or cutting procedures of hard or soft tissue.
4 (3) Prescribing drugs, medicaments or work authorizations.
5 (4) Taking impressions other than for study models,
6 diagnostic casts or athletic appliances.
7 (5) Final inspection and approval of restorative and other
8 treatment which affects occlusion and any necessary occlusal
9 adjustments.
10 (6) Pulp capping, pulpotomy and other endodontic procedures.
11 (7) Placement and intraoral adjustments of fixed and
12 removable prosthetic appliances.
13 (8) Administration of local anesthesia, parenteral or
14 inhalational sedation or general anesthesia.
15 Section 11.11. Scope of Practice for Certified Dental <--
16 Assistant.--(a) A certified dental assistant is authorized to
17 perform reversible intraoral procedures under the direct
18 supervision of a licensed dentist and under an assignment of
19 duties by a dentist which include:
20 (1) Coronal polishing for children up to the age of
21 seventeen.
22 (2) Fluoride treatments, including varnishes.
23 (3) Taking impressions of the teeth for athletic appliances.
24 (b) Notwithstanding any other statute or regulation to the
25 contrary, a certified dental assistant may perform procedures
26 not designated by this act to be performed by a licensed
27 dentist, dental hygienist or expanded function dental assistant.
28 (c) For purposes of this section, "direct supervision" shall
29 mean that a dentist is in the dental office or treatment
30 facility, personally diagnoses the condition to be treated,
20070H1257B4344 - 18 -
1 personally authorizes the procedure and remains in the dental
2 office or treatment facility while the procedure is being
3 performed and, before dismissal of the patient, evaluates the
4 work performed.
5 Section 5 4. The State Board of Dentistry shall promulgate <--
6 regulations to implement this act within 18 months of the
7 effective date of this act SECTION. <--
8 Section 6 5. This act shall take effect in 60 days. <--
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