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        PRIOR PRINTER'S NOS. 502, 1097                PRINTER'S NO. 1186

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 455 Session of 2007


        INTRODUCED BY VANCE, EARLL, BOSCOLA, FONTANA, MADIGAN, O'PAKE,
           ORIE, PUNT, RAFFERTY, STACK, M. WHITE, WONDERLING, CORMAN,
           BROWNE, KITCHEN AND McILHINNEY, MARCH 14, 2007

        SENATOR ARMSTRONG, APPROPRIATIONS, RE-REPORTED AS AMENDED,
           JUNE 18, 2007

                                     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 providing for the definitions of
    10     "dental hygienist" and "board"; providing for the definition
    11     of "public health dental hygiene practitioner"; further
    12     providing for the general powers of the State Board of
    13     Dentistry and for radiologic procedures, education and
    14     training; and providing for the practice of public health
    15     dental hygienists.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  The definitions of "dental hygienist" and "board"
    19  in section 2 of the act of May 1, 1933 (P.L.216, No.76), known
    20  as The Dental Law, amended February 9, 1984 (P.L.23, No.9), are
    21  amended and the section is amended by adding a definition to
    22  read:
    23     Section 2.  Definitions.--* * *


     1     A "Dental Hygienist" is one who is legally licensed as such
     2  by the [said dental council and examining board] State Board of
     3  Dentistry to perform those educational, preventive, and
     4  therapeutic services and procedures that licensed dental
     5  hygienists are educated to perform. Licensed dentists may assign
     6  to [their employed] dental hygienists intra-oral procedures
     7  which the hygienists have been educated to perform and which
     8  require their professional competence and skill but which do not
     9  require the professional competence and skill of the [employer-
    10  dentist] dentist. Such assignments shall be under the
    11  supervision of a licensed dentist. Such performance of intra-
    12  oral procedures by licensed dental hygienists shall be in the
    13  private office of a dentist or public or private institution
    14  such as [schools, hospitals, orphanages, and sanitoria or State
    15  health cars.] prescribed under section 11.9(b). Dental
    16  hygienists certified as public health dental hygiene
    17  practitioners may perform intra-oral procedures without the
    18  assignment of a dentist pursuant to section 11.9. The foregoing
    19  shall not be construed as authorizing the assignment of
    20  diagnosing, treatment planning and writing prescriptions for
    21  drugs or writing authorizations for restorative, prosthetic, or
    22  orthodontic appliances. The board shall issue rules setting
    23  forth the necessary education and defining the procedures that
    24  may be performed by dental hygienists licensed under this act
    25  including those procedures that may be performed under direct
    26  and general supervision.
    27     The word "board," as used in this act, means the [State
    28  Dental Council and Examining Board] State Board of Dentistry.
    29     * * *
    30     "Public Health Dental Hygiene Practitioner" means a licensed
    20070S0455B1186                  - 2 -     

     1  dental hygienist who may perform educational, preventative,
     2  therapeutic and intra-oral procedures which the hygienist is
     3  educated to perform and which requires the hygienist's
     4  professional competence and skill but which do not require the
     5  professional competence and skill of a dentist without the
     6  authorization, assignment or examination of a dentist, and who
     7  is certified by the State Board of Dentistry as having satisfied
     8  the requirements of section 11.9. Public health dental hygiene
     9  practitioners may only engage in professional practice in the
    10  practice sites enumerated in section 11.9(b).
    11     Section 2.  Section 3(d) and (j.2) of the act, amended or
    12  added December 27, 1994 (P.L.1361, No.160) and July 11, 1996
    13  (P.L.657, No.113), are amended to read:
    14     Section 3.  General Powers of the State Board of Dentistry.--
    15  The State Board of Dentistry (hereinafter called the board)
    16  shall have the following powers and duties:
    17     * * *
    18     (d)  To provide for and to regulate the licensing, and to
    19  license as a dental hygienist, after examination, any duly
    20  qualified person, not less than eighteen years of age, of good
    21  moral character, not addicted to the use of intoxicating liquor
    22  or narcotic drugs, who has obtained the required education[,
    23  together with a certificate or diploma from an approved
    24  institution or college] for the training of dental hygienists[.]
    25  from an approved institution or college that meets or exceeds
    26  the minimum standards established by an approved United States
    27  Department of Education-recognized regional accrediting agency
    28  or the American Dental Association Commission on Dental
    29  Accreditation. The board shall, consistent with this act, adopt
    30  regulations providing for the general supervision and practice
    20070S0455B1186                  - 3 -     

     1  of dental hygienists under this act.
     2     * * *
     3     (j.2)  (1)  To adopt, promulgate and enforce rules and
     4  regulations establishing requirements for continuing dental
     5  education to be met by persons licensed or certified under this
     6  act. The board shall approve sponsors of continuing education
     7  courses within one year of the effective date of regulations
     8  adopted to enforce this subsection. No credit may be given for
     9  courses in office management or practice building. The board may
    10  waive all or part of the continuing education requirement to a
    11  licensee who shows to the satisfaction of the board that he or
    12  she was unable to complete the requirement due to illness,
    13  emergency or hardship.
    14     (2)  The following requirements shall be satisfactorily
    15  completed in accordance with board regulations as a precedent to
    16  biennial renewal of a license or certification:
    17     (i)  Thirty credit hours for a person licensed to practice
    18  dentistry.
    19     (ii)  Twenty credit hours for a person licensed to practice
    20  dental hygiene. For a public health dental hygienist HYGIENE      <--
    21  PRACTITIONER, five hours shall be public health-related courses.
    22     (iii)  Ten credit hours for a person certified to practice
    23  expanded function dental assisting.
    24     (3)  For the purposes of this subsection, one credit hour
    25  shall be defined as one clock hour of instruction.
    26     * * *
    27     Section 3.  Section 11.4(a) of the act, added December 20,
    28  1985 (P.L.513, No.118), is amended and the section is amended by
    29  adding subsections to read:
    30     Section 11.4.  Radiologic Procedures; Education and Training
    20070S0455B1186                  - 4 -     

     1  Required.--(a)  On and after January 1, 1987, no auxiliary
     2  personnel except dental hygienists and public health dental
     3  hygiene practitioners shall perform radiologic procedures on the
     4  premises of the dentist unless such person is under the direct
     5  supervision of a dentist who is on the premises at the time the
     6  X-ray is taken and unless such person has passed an examination
     7  approved by the board and administered in accordance with
     8  section 812.1 of the act of April 9, 1929 (P.L.177, No.175)
     9  known as "The Administrative Code of 1929."
    10     * * *
    11     (e)  Notwithstanding the supervision requirements of this
    12  act, a public health dental hygiene practitioner may perform
    13  radiological procedures in any setting without supervision of a
    14  dentist on or after the effective date of this subsection.
    15     (f)  A dental hygienist may perform radiologic procedures in
    16  any setting under the general supervision of a licensed dentist.
    17  For the purposes of this subsection, "general supervision" means
    18  supervision by a dentist who examines the patient, develops a
    19  dental treatment plan, authorizes the performance of the
    20  radiologic services to be performed within one year of the
    21  examination, and takes full professional responsibility for
    22  performance of the dental hygienist.
    23     Section 4.  The act is amended by adding a section to read:
    24     Section 11.9.  Public Health Dental Hygiene Practitioner.--
    25  (a)  Public Health dental hygiene practitioners must satisfy and
    26  shall be certified by the board upon meeting the following
    27  criteria:
    28     (1)  Met the requirements for a dental hygienist license and
    29  successfully passed the required examination for a dental
    30  hygienist.
    20070S0455B1186                  - 5 -     

     1     (2)  Completion of three thousand six hundred hours of
     2  practice under the supervision of a licensed dentist.
     3     (3)  Purchase of a malpractice policy in an amount determined
     4  to be adequate by the board.
     5     (b)  The professional practice of a public health dental
     6  hygiene practitioner shall be limited to the following practice
     7  sites:
     8     (1)  Schools.
     9     (2)  Correctional facilities.
    10     (3)  "Health care facility" as defined in section 802.1 of
    11  the act of July 19, 1979 (P.L.130, No.48), known as the "Health
    12  Care Facilities Act."
    13     (4)  "Personal care home" as defined in section 1001 of the
    14  act of June 13, 1967 (P.L.31, No.21), known as the "Public
    15  Welfare Code."
    16     (5)  "Domiciliary care" as defined in section 2202-A of the
    17  act of April 9, 1929 (P.L.177, No.175), known as "The
    18  Administrative Code of 1929."
    19     (6)  An "older adult daily living center" as defined in
    20  section 2 of the act of July 11, 1990 (P.L.499, No.118), known
    21  as the "Older Adult Daily Living Centers Licensing Act."
    22     (7)  A "facility" as defined in section 3 of the act of June
    23  18, 1984 (P.L.391, No.82), known as the "Continuing-Care
    24  Provider Registration and Disclosure Act."
    25     (8)  A federally qualified health center.
    26     (9)  A public or private institution under the jurisdiction
    27  of a Federal, State or local agency.
    28     (10)  Other institutions the board deems appropriate.
    29     (c)  The public health dental hygienist shall refer the
    30  patient to a licensed dentist on an annual basis. The failure to
    20070S0455B1186                  - 6 -     

     1  see a dentist as referred shall not prevent the patient from
     2  continuing to receive treatment from the public health dental
     3  hygienist.
     4     (d)  A school dental hygienist who is licensed as a public
     5  health dental hygienist and who, as a certified education
     6  specialist is required to obtain continuing professional
     7  education under this act and under section 1205.2 of the act of
     8  March 10, 1949 (P.L.30, No.14), known as the "Public School Code
     9  of 1949," shall be permitted to submit evidence of the
    10  completion of education courses approved for their certification
    11  by the school district.
    12     Section 5.  The provisions of 49 Pa. Code § 33.205(d)(1)
    13  (relating to practice as a dental hygienist) are abrogated.
    14     Section 6.  This act shall take effect in 60 days.











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