PRIOR PRINTER'S NOS. 502, 1097 PRINTER'S NO. 1186
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. L27L63JLW/20070S0455B1186 - 7 -