PRINTER'S NO. 1365
No. 1159 Session of 2005
INTRODUCED BY KILLION, BOYD, CALTAGIRONE, CRAHALLA, DALLY, J. EVANS, GOODMAN, HARPER, W. KELLER, KIRKLAND, KOTIK, MUSTIO, O'NEILL, E. Z. TAYLOR, TIGUE AND WILT, MARCH 29, 2005
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 29, 2005
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 imposition of 10 penalties. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Section 10(a) and (h) of the act of May 1, 1933 14 (P.L.216, No.76), known as The Dental Law, amended December 27, 15 1994 (P.L.1361, No.160), are amended to read: 16 Section 10. Penalties.--(a) It is unlawful for any person 17 to practice dentistry or as a dental hygienist or as an expanded 18 function dental assistant, or to hold himself or herself out as 19 a practitioner of or entitled or authorized to practice 20 dentistry or as a dental hygienist or as an expanded function 21 dental assistant, or to assume any title of "dentist," "dental
1 surgeon," "dental hygienist," expanded function dental 2 assistant" or other letters or titles in connection with his or 3 her name which in any way represent him or her as being engaged 4 in the practice of dentistry or as a dental hygienist or as an 5 expanded function dental assistant, or authorized so to do, 6 unless he or she has been duly licensed or certified, and 7 authorized to engage in such practice under the provisions of 8 this act. A person who violates this subsection commits a 9 misdemeanor of the third degree and shall, upon conviction, for 10 a first offense, be sentenced to a fine not to exceed [one 11 thousand dollars ($1,000)] two thousand five hundred dollars 12 ($2,500) or to imprisonment for not more than six months, or 13 both. A second offense shall be subject to a fine not to exceed 14 [two thousand dollars ($2,000)] five thousand dollars ($5,000) 15 or imprisonment for a term of six months to one year, or both. 16 * * * 17 (h) Any person violating any of the provisions of this 18 section other than subsection (a), or any other provisions of 19 this act except as provided in subsection (a), shall be guilty 20 of a misdemeanor, and, upon conviction thereof, shall be 21 sentenced to pay a fine not exceeding [five hundred dollars] two 22 thousand five hundred dollars ($2,500), or to suffer 23 imprisonment not exceeding six months, or both, for a first 24 offense in the discretion of the court. For a second or 25 subsequent offense, a person shall be sentenced to pay a fine 26 not exceeding five thousand dollars ($5,000) or to suffer 27 imprisonment not exceeding one year, or both, in the discretion 28 of the court. 29 Section 2. This act shall take effect in 60 days. B10L63BIL/20050H1159B1365 - 2 -