PRIOR PRINTER'S NO. 367 PRINTER'S NO. 392
No. 339 Session of 1985
INTRODUCED BY O'PAKE, BELL, STAPLETON, MELLOW, WILLIAMS AND
LYNCH, FEBRUARY 11, 1985
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS
AMENDED, FEBRUARY 12, 1985
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 qualifications for
10 license and for suspension.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 3(c) and (i) of the act of May 1, 1933 <--
14 (P.L.216, No.76), known as The Dental Law, amended April 30, <--
15 1937 (P.L.554, No.136), are IS amended to read: <--
16 Section 3. General Powers of the State Dental Council and
17 Examining Board.--The State Dental Council and Examining Board
18 (hereinafter called the board), created, appointed, and
19 organized in accordance with the provisions of the
20 Administrative Code, and its amendments, shall have power:
21 * * *
1 (c) To provide for and to regulate the licensing, and to
2 license to practice dentistry, after examination, any duly
3 qualified applicant, at least twenty-one years of age, of good
4 moral character, not addicted to the use of intoxicating liquor
5 or narcotic drugs, who has obtained the required education,
6 together with a diploma from an approved institution or college
7 conferring upon him or her the degree of doctor of dental
8 surgery or other established dental degree, unless he has been
9 convicted of a felonious act prohibited by the act of April 14,
10 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
11 Device and Cosmetic Act," or convicted of a felony relating to a
12 controlled substance in a court of law of the United States or
13 any other state, territory or country. An applicant's statement
14 on the application declaring the absence of a conviction shall
15 be deemed satisfactory evidence of the absence of a conviction,
16 unless the board has some evidence to the contrary.
17 * * *
18 (i) To suspend and revoke, by majority action of the entire <--
19 board, the license or registration of any licensee who has been
20 guilty of a crime or misdemeanor involving moral turpitude; or
21 of a violation of any of the provisions of this act; or of
22 fraudulent or unlawful practices, or fraudulent, misleading or
23 deceptive representations; or of unprofessional conduct,
24 detrimental or dangerous to the public health, safety, morals or
25 welfare; or of wilful or gross malpractice or neglect; or of
26 false, misleading or deceptive advertising as respects the skill
27 of the operator, the quality of materials, drugs or medicines
28 used, or methods practiced; or of employing or making use of
29 solicitors or free public press agents, or of advertising by
30 means of signs, posters, handbills, circulars, slides, motion
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1 pictures, radio, newspapers, magazines or other publications or
2 advertising media--(1) professional superiority, (2) the
3 performance of professional services in a superior manner, (3)
4 the character or durability of his work, (4) to guarantee any
5 dental service, (5) to perform any dental operation painlessly,
6 (6) prices for professional services, (7) free dental work, or
7 (8) free examinations, or (9) by display of a tooth, teeth,
8 bridge work, or any portion of the human head, or (10) by means
9 of large, glaring or conspicuous light or other signs: Provided,
10 however, That the foregoing shall not prevent the use of signs
11 containing the name of any licensee and the word dentist, or any
12 abbreviation thereof; or of habitual intemperance, or who is
13 addicted to the use of narcotic drugs, or is insane, or who was
14 convicted of a felonious act prohibited by "The Controlled
15 Substance, Drug, Device and Cosmetic Act"; and to reinstate
16 licenses and registrations in any cases where a majority of the
17 entire board shall determine the same to be just and proper. If
18 the board determines from the evidence or information presented
19 to it that a person licensed to practice dentistry in this State
20 by his continuation in practice would constitute an immediate
21 danger to the public, the board may temporarily suspend the
22 license of that person without notice or hearing on the
23 complaint, provided institution of proceedings for a hearing
24 before the board is initiated simultaneously with the temporary
25 suspension and provided that a hearing is held as soon as can be
26 accomplished under Title 2 of the Pennsylvania Consolidated
27 Statutes (relating to administrative law and procedure) and this
28 act.
29 * * *
30 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
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1 SECTION 5.1. AUTOMATIC SUSPENSION.--A LICENSE ISSUED UNDER
2 THIS ACT SHALL AUTOMATICALLY BE SUSPENDED UPON THE LEGAL
3 COMMITMENT TO AN INSTITUTION OF A LICENSEE BECAUSE OF MENTAL
4 INCOMPETENCY FROM ANY CAUSE UPON FILING WITH THE BOARD A
5 CERTIFIED COPY OF SUCH COMMITMENT, CONVICTION OF A FELONY UNDER
6 THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS "THE
7 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT," OR
8 CONVICTION OF AN OFFENSE UNDER THE LAWS OF ANOTHER JURISDICTION,
9 WHICH, IF COMMITTED IN PENNSYLVANIA, WOULD BE A FELONY UNDER
10 "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT." AS
11 USED IN THIS SECTION THE TERM "CONVICTION" SHALL INCLUDE A
12 JUDGMENT, AN ADMISSION OF GUILT OR A PLEA OF NOLO CONTENDERE.
13 AUTOMATIC SUSPENSION UNDER THIS SECTION SHALL NOT BE STAYED
14 PENDING ANY APPEAL OF A CONVICTION. RESTORATION OF SUCH LICENSE
15 SHALL BE MADE AS IN THE CASE OF REVOCATION OR SUSPENSION OF SUCH
16 LICENSE.
17 Section 2 3. This act shall take effect immediately. <--
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