PRINTER'S NO. 1008
No. 882 Session of 1985
INTRODUCED BY AFFLERBACH, BORTNER, J. L. WRIGHT, WILSON,
JOSEPHS, SEVENTY, LASHINGER, MARKOSEK, BATTISTO, COY, PITTS,
STEIGHNER, VAN HORNE AND FOX, APRIL 15, 1985
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 15, 1985
AN ACT
1 Regulating the practice of dental hygiene; setting standards for
2 the practice of dental hygiene; creating the State Board of
3 Dental Hygiene; and prescribing penalties.
4 TABLE OF CONTENTS
5 Chapter 1. General Provisions
6 Section 101. Short title.
7 Section 102. Definitions.
8 Chapter 2. Board
9 Section 201. Board established.
10 Section 202. Composition.
11 Section 203. Powers and duties of board.
12 Chapter 3. Licensure
13 Section 301. Qualifications.
14 Section 302. Examination.
15 Section 303. Fee.
16 Section 304. Board discretion.
17 Section 305. Effect.
18 Section 306. Renewal.
1 Section 307. Inactive status.
2 Section 308. Licensure by criteria approval.
3 Section 309. Professional designation.
4 Section 310. Revocation and suspension.
5 Chapter 4. Responsibilities of the Dental Hygienist
6 Section 401. Functions.
7 Section 402. Administration of anesthetic agents.
8 Section 403. Violations.
9 Chapter 5. Financial Matters
10 Section 501. Fees.
11 Section 502. Fines.
12 CHAPTER 6
13 MISCELLANEOUS PROVISIONS
14 Section 601. Conflict with other statutes.
15 Section 602. Military.
16 Section 603. Prior licensing.
17 Section 604. Inconsistent repeals.
18 Section 605. Effective date.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 101. Short title.
22 This act shall be known and may be cited as the Dental
23 Hygiene Act.
24 Section 102. Definitions.
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Board." The State Board of Dental Hygiene created under
29 section 201.
30 "Bureau." The Bureau of Professional and Occupational
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1 Affairs.
2 "Commissioner." The Commissioner of Professional and
3 Occupational Affairs.
4 "Dental hygiene." The performance of acts requiring
5 specialized knowledge, judgment and skill based upon the
6 principles of biological, physiological, behavioral and
7 sociological sciences in the:
8 (1) Observation, assessment, evaluation, counsel and
9 provision of care to maintain oral health and prevent dental
10 disease.
11 (2) Performance of procedures requiring additional
12 education as authorized by the board through its regulations.
13 (3) Teaching of dental hygiene.
14 (4) Executing of a dental regimen as prescribed by a
15 dentist or physician. This does not include dental diagnosis
16 or prescription of dental corrective measures except as may
17 be authorized by regulations jointly promulgated by the State
18 Dental Council and Examining Board and the State Board of
19 Dental Hygiene.
20 "Dental hygienist." A preventive oral health professional
21 licensed in dental hygiene by the board who provides
22 educational, preventive and therapeutic services supporting
23 total health through promotion of optimal health.
24 "Department." The Department of State of the Commonwealth.
25 "Health care facility." A hospital; public or private
26 school; nursing home; home health agency; mobile health unit;
27 group home serving the elderly, handicapped or juveniles;
28 institutions under the jurisdiction of Federal, State or local
29 health agencies.
30 CHAPTER 2
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1 BOARD
2 Section 201. Board established.
3 There is established a State Board of Dental Hygiene in the
4 Department of State.
5 Section 202. Composition.
6 (a) Membership.--The board shall consist of nine members.
7 One member shall be the Commissioner of Professional and
8 Occupational Affairs, and the eight remaining members shall be
9 appointed by the Governor and approved with the advice and
10 consent of two-thirds of the Senate as follows:
11 (1) Five members shall be dental hygienists. They must
12 be licensed under this act, must have at least five years
13 experience in the practice of dental hygiene and must have
14 been engaged in practice for a period of at least two years
15 immediately preceding appointment.
16 (2) Two members shall be consumers. They may not be a
17 member of a licensing board, a licensee of a health
18 occupation board or an employee of a health facility. They
19 may not derive primary livelihood from the provision of
20 health services at any level of responsibility.
21 (3) One member shall be a dentist licensed to practice
22 dentistry in this Commonwealth under the act of May 1, 1933
23 (P.L.216, No.76), known as The Dental Law. The member must
24 have at least five years experience in the practice of
25 dentistry and must have been engaged in the practice of
26 dentistry for a period of at least two years immediately
27 preceding appointment.
28 (b) Terms.--Initially, one dental hygienist and one consumer
29 shall be appointed for a two-year term, one dental hygienist and
30 one dentist shall be appointed for a three-year term, one dental
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1 hygienist and one consumer shall be appointed for a four-year
2 term and two dental hygienists shall be appointed for a five-
3 year term. Thereafter, all appointments shall be for terms of
4 five years. No person shall serve as a member of the board for
5 more than two complete consecutive terms.
6 (c) Quorum.--Five members of the board shall constitute a
7 quorum.
8 (d) Officers.--The board shall elect from among its number a
9 chairman. It shall select a secretary who need not be a member
10 of the board.
11 (e) Removal.--
12 (1) The Governor, with the advice and consent of two-
13 thirds of the Senate, may remove any member from the board
14 for neglect of duty required by law, for incompetency or for
15 unprofessional or dishonorable conduct. Vacancies in the
16 membership of the board shall be filled for the unexpired
17 term by the appointment of the Governor with the advice and
18 consent of two-thirds of the Senate.
19 (2) A member of the board who fails to attend three
20 consecutive meetings shall forfeit the seat unless the
21 commissioner, upon written request from the member, finds
22 that the member should be excused from a meeting because of
23 illness or the death of an immediate family member.
24 (f) Compensation.--Members of the board, other than the
25 commissioner, shall be paid a fee per day, determined by the
26 board by regulation, for time spent in performing their duties
27 as members of board.
28 Section 203. Powers and duties of board.
29 (a) Powers.--The board shall have the following powers:
30 (1) To establish and alter, by regulation, the standards
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1 of preliminary and professional education, competence and
2 character required for licensure. Regulations promulgated
3 under this paragraph shall be designed to protect the public
4 and insure professional integrity.
5 (2) To designate those accredited schools of dental
6 hygiene from which graduation will be accepted as proof of an
7 applicant's eligibility to take the dental hygiene licensing
8 examination.
9 (3) To prescribe the content, design, administration,
10 time, place and filing of examinations; to provide for the
11 conduct of the examinations; to make written examination
12 reports, which shall be preserved in the bureau for a period
13 of not less than five years; and to collect fees for
14 examinations as may be fixed by the board by regulation.
15 (4) To license as a dental hygienist a person who is
16 qualified, is of good moral character, is not addicted to
17 drugs or alcohol, has obtained the required education
18 together with a certificate or diploma in dental hygiene from
19 an approved institution of higher education and has passed
20 the examination.
21 (5) To regulate the practice of dental hygiene and
22 administer and enforce statutes placed under its
23 jurisdiction.
24 (6) To determine which states and countries have
25 licensing requirements for dental hygienists which are
26 acceptable for licensure in this Commonwealth.
27 (7) To investigate violations of statutes under its
28 jurisdiction, such as unprofessional conduct, incompetence
29 and unsafe practices, by dental hygienists.
30 (8) To conduct hearings, either before the membership of
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1 the board or committees thereof, or to appoint a hearing
2 officer to conduct hearings.
3 (9) To discipline those found guilty of violations of
4 this act and its regulations and, if necessary, to cause
5 prosecution to be instituted in the courts.
6 (10) To issue subpoenas and administer oaths in
7 connection with an investigation, hearing or disciplinary
8 proceedings held under this act.
9 (11) To compel a dental hygienist to undergo a physical
10 or mental examination if there is probable cause to believe
11 that the dental hygienist is unable to practice dental
12 hygiene with reasonable skill and safety to the patient by
13 reason of illness, alcoholism, excess use of drugs or
14 narcotics, or a mental or physical condition.
15 (12) To reissue a license that has been revoked or
16 suspended under this act. Application for relicensure shall
17 be considered no sooner than one year after revocation and
18 shall be made in the manner the board may specify by
19 regulation.
20 (13) To cause prosecution to be brought against a person
21 who uses the professional designation specified in this act
22 without complying with this act.
23 (14) To require a license renewal fee determined by the
24 board by regulation.
25 (15) To promulgate regulations for licensure renewal.
26 (16) To retire the license of a person who does not
27 register biennially or pay the required fee. The board shall
28 be required to publish biennially a list of the persons
29 registered for that particular biennium.
30 (b) Duties.--The board shall have the following duties:
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1 (1) To publish the names of those licensees against whom
2 disciplinary action has been taken in newspapers which
3 circulate in the locality of the dental hygienist, and in the
4 Pennsylvania Bulletin.
5 (2) To submit biennially to the bureau an estimate of
6 the financial requirements of the board for administrative,
7 investigative, legal and miscellaneous expenses.
8 (3) To keep minutes and to maintain a complete
9 transcribed record of its transactions and proceedings.
10 CHAPTER 3
11 LICENSURE
12 Section 301. Qualifications.
13 To secure a license to practice dental hygiene, a person must
14 be a graduate of a board-approved school of dental hygiene or a
15 foreign dental hygiene school approved by the board by order,
16 must pass a comprehensive written examination and a clinical
17 examination, must be of good moral character, must not be
18 addicted to drugs or alcohol, and shall submit a form furnished
19 by the board certifying that this act has been read. The board
20 shall decide individually whether a license shall be issued on
21 the basis of regulations under section 203(a)(1).
22 Section 302. Examination.
23 The examination of candidates for licensure in this
24 Commonwealth is the responsibility of the board or its
25 designated testing agency.
26 Section 303. Fee.
27 The fee for dental hygiene licensure shall be paid in the
28 form of a certified check or money order payable to
29 "Commonwealth of Pennsylvania."
30 Section 304. Board discretion.
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1 Candidates who pass the clinical examination are not entitled
2 to licensure in this Commonwealth solely on the basis of having
3 passed the examination.
4 Section 305. Effect.
5 The receipt of the biennial registration card on which the
6 original license number appears entitles the licensee to
7 practice dental hygiene in this Commonwealth. The official
8 license, signed by the commissioner and the members of the
9 board, shall be mailed to the licensee.
10 Section 306. Renewal.
11 (a) Expiration.--Licenses for dental hygienists shall expire
12 on March 31 of each biennium in the even-numbered years.
13 (b) Procedure.--
14 (1) Application for renewal of a license shall be
15 forwarded biennially to each registrant prior to the
16 expiration date of the current renewal biennium.
17 (2) The application form shall be completed and
18 returned, accompanied by the required renewal fee. Upon
19 approval of the application, the applicant shall receive a
20 registration card for the current renewal period. The display
21 portion of the registration card shall be retained and
22 displayed in the primary place of practice. The wallet card
23 portion shall be retained by the registrant.
24 (3) There shall be a penalty fee, determined by the
25 board by regulations, for late registration.
26 (c) Regulation.--The board shall, by regulation, establish
27 requirements for licensure renewal.
28 Section 307. Inactive status.
29 A registrant licensed under this act may request an
30 application for inactive status. The application form shall be
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1 completed and returned to the board. Upon receipt of the
2 application, the name of the person shall be placed upon an
3 inactive status list. While remaining on this list, the person
4 shall pay an inactive license renewal fee and may not practice
5 dental hygiene in this Commonwealth. When the person desires to
6 resume practice, application for renewal license shall be made
7 to the board; and the practicing renewal fee shall be paid.
8 Persons on inactive status for five years or more shall provide
9 evidence of knowledge and skill of current practice as required
10 by regulation of the board in order to remain eligible for
11 renewal.
12 Section 308. Licensure by criteria approval.
13 A dental hygienist licensed in other states, territories or
14 districts in the United States who desires to practice in this
15 Commonwealth may be granted a license to practice dental hygiene
16 in this Commonwealth if the applicant has met the requirements
17 of this act.
18 Section 309. Professional designation.
19 A person who holds a license to practice as a dental
20 hygienist in this Commonwealth or who has an inactive status in
21 accordance with this act shall have the right to use the title
22 "registered dental hygienist" and the abbreviation "R.D.H." No
23 other person may use the title "registered dental hygienist" or
24 use the abbreviation "R.D.H." to indicate that the person is a
25 dental hygienist.
26 Section 310. Revocation and suspension.
27 (a) Grounds.--The board may revoke or suspend the license of
28 a dental hygienist upon finding that the dental hygienist:
29 (1) Procured or attempted to procure the license by
30 fraud or deceit.
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1 (2) Has been convicted of a crime involving moral
2 turpitude.
3 (3) Is habitually intemperate in the use of alcohol or
4 is addicted to any habit-forming or other dangerous drugs.
5 (4) Has engaged in the distribution of drugs for other
6 than legitimate purposes.
7 (5) Exhibits behavior due to poor physical or mental
8 health which creates an undue risk to persons under the
9 dental hygienist's care.
10 (6) Has previously had a dental hygiene license revoked
11 or suspended, unless reinstated by the proper licensing
12 authority, in any other state, territory, possession or
13 country.
14 (7) Has been guilty of gross negligence in the
15 performance of acts of dental hygiene practice.
16 (8) Has engaged in an act inconsistent with generally
17 accepted professional standards of good dental hygiene
18 practice; actual injury to the patient need not be
19 established.
20 (9) Has knowingly engaged in an act which, at the time
21 it was committed, was beyond the scope of that person's
22 dental hygiene practice as limited by this act or a
23 regulation under this act.
24 (10) Willfully violates this act or regulations under
25 this act.
26 (b) Procedure.--Before the license of a dental hygienist is
27 suspended or revoked by the board, a written copy of the
28 complaint made shall be furnished to the licensee; and an
29 opportunity shall be afforded the licensee to be heard before
30 the board, personally and by counsel. At least ten days' written
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1 notice of the time and place of the hearing shall be given the
2 dental hygienist by registered mail addressed to the post office
3 address as shown on the registration or other information in
4 possession of the board. Decisions of the board may be appealed
5 in court under 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
6 review of Commonwealth agency action).
7 CHAPTER 4
8 RESPONSIBILITIES OF THE DENTAL HYGIENIST
9 Section 401. Functions.
10 (a) Permitted.--A dental hygienist may perform the following
11 services:
12 (1) Remove deposits and stains from the surfaces of the
13 teeth.
14 (2) Apply topical preventive or prophylactic agents,
15 such as sealants and topical fluorides.
16 (3) Administer topical anticariogenic legend drugs and
17 topical anesthesia agents.
18 (4) Administer local anesthesia and nitrous oxide
19 analgesia under section 402.
20 (5) Purchase and possess topical anticariogenic legend
21 drugs, topical anesthesia agents and local anesthesia agents.
22 (6) Polish and smooth restorations, which includes
23 excess restorative material extending beyond the cavo-surface
24 margins of the tooth to establish functional anatomy.
25 (7) Expose patients to ionizing radiation based upon
26 individual patient needs.
27 (8) Perform root planning and gingival currettage.
28 (9) Examine and collect complete and ongoing data to
29 identify dental hygiene care needs and to identify dental
30 needs for referral.
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1 (10) Take impressions of teeth for study models for
2 fabricating customized trays and athletic appliances.
3 (11) Fabricate customized trays.
4 (b) Prohibited.--A dental hygienist may not perform the
5 following services:
6 (1) Administer general anesthesia, except nitrous oxide
7 analgesia under section 402.
8 (2) Surgically remove tissue, except sulcular epithelium
9 as involved in gingival curettage under subsection(a)(8).
10 (3) Prescribe drugs or medications requiring the written
11 order of prescription of a licensed dentist or physician.
12 (4) Make a diagnosis for dental treatment or treatment
13 planning.
14 (5) Take impressions of the teeth or jaws or of the
15 relationship of the teeth or jaws for the purpose of
16 fabricating an intra-oral restoration appliance or prothesis,
17 except for athletic appliances under subsection (a)(10).
18 (c) Practice of dentistry.--The practice of dental hygiene
19 as authorized by this act does not conflict with the practice of
20 dentistry as regulated by the act of May 1, 1933 (P.L.216,
21 No.76), known as The Dental Law.
22 (d) Professional relationship.--
23 (1) A dental hygienist and a dentist shall work in
24 collaboration, contributing their level of expertise to total
25 patient care in the following ways:
26 (i) Immediate availability of a dentist through
27 direct communications or by radio, telephone or
28 telecommunications.
29 (ii) A predetermined plan for emergency services
30 which has been jointly developed by the dentist and the
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1 dental hygienist.
2 (iii) Availability of the dentist on a regularly
3 scheduled basis for:
4 (A) Referrals.
5 (B) Review of the standards of dental practice,
6 incorporating consultation and chart reviews.
7 (C) Establishing and updating standing orders
8 and drug and other dental protocols within the
9 practice setting.
10 (D) Periodic updating in dental diagnosis and
11 therapeutics.
12 (E) Cosigning records when necessary to document
13 accountability by both parties.
14 (2) A dental hygienist may practice in a health care
15 facility or private company under regulations promulgated by
16 the board.
17 (e) Responsibility.--A dental hygienist is responsible for
18 actions as a dental hygienist and is accountable to the consumer
19 for the quality of dental hygiene care rendered.
20 Section 402. Administration of anesthetic agents.
21 Specially educated dental hygienists may administer local
22 anesthesia and nitrous oxide analgesia after having successfully
23 passed board-approved courses or examinations, or both. The
24 board may issue permits and establish fees for issuance of
25 permits for those dental hygienists qualified to administer
26 local anesthesia and nitrous oxide analgesia.
27 Section 403. Violations.
28 (a) Prohibited acts.--A person may not:
29 (1) Practice, attempt to practice, or represent himself
30 as practicing dental hygiene within this Commonwealth without
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1 having a valid license under this act and regulations
2 promulgated under this act.
3 (2) Sell a dental hygiene diploma, license, record or
4 registration.
5 (3) Fraudulently obtain or furnish a dental hygiene
6 diploma, license, record or registration.
7 (b) Penalty.--A person who violates subsection (a) commits a
8 misdemeanor of the third degree. Upon conviction for the first
9 offense, a person shall be sentenced to pay a fine of not less
10 than $100 nor more than $500 or to undergo imprisonment for a
11 term of not less than 30 days nor more than 90 days, or both.
12 Upon conviction for subsequent offenses, a person shall be
13 sentenced to pay a fine of not less than $500 or to undergo
14 imprisonment for a term of not less than six months.
15 (c) Exceptions.--Subsection (a)(1) does not apply to dental
16 hygiene students and dental students performing the functions of
17 dental hygienists under the supervision of instructors in a
18 board-approved school of hygiene or a dental school acceptable
19 to the State Dental Council and Examining Board.
20 CHAPTER 5
21 FINANCIAL MATTERS
22 Section 501. Fees.
23 Fees collected by the board under this act shall be received
24 by the bureau and deposited into the Professional Licensure
25 Augmentation Account.
26 Section 502. Fines.
27 Fines collected under section 403(b) shall be paid into the
28 General Fund.
29 CHAPTER 6
30 MISCELLANEOUS PROVISIONS
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1 Section 601. Conflict with other statutes.
2 This act does not prohibit a person from practicing a
3 profession regulated by another licensing statute of the
4 Commonwealth.
5 Section 602. Military.
6 This act does not apply to employees or members of the armed
7 forces of the United States in the discharge of their official
8 duties.
9 Section 603. Prior licensing.
10 Persons licensed to practice dental hygiene in this
11 Commonwealth on the effective date of this act under section
12 605(b) continue to possess the same rights and privileges with
13 respect to the practice of dental hygiene without being required
14 to be licensed under Chapter 3. The provisions of this act on
15 renewal, suspension and revocation, sections 306, 307 and 310,
16 apply to these persons.
17 Section 604. Inconsistent repeals.
18 The act of May 1, 1933 (P.L.216, No.76), known as The Dental
19 Law, is repealed to the extent that it is inconsistent with this
20 act.
21 Section 605. Effective date.
22 (a) Specific.--Section 201 and 202 shall take effect
23 immediately.
24 (b) General.--The remainder of this act shall take effect
25 January 1, 1987.
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