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                                                        PRINTER'S NO. 82

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 57 Session of 2007


        INTRODUCED BY KILLION, ADOLPH, BOYD, CALTAGIRONE, CURRY, GEORGE,
           GINGRICH, KOTIK, MARKOSEK, MARSICO, McILHATTAN, PYLE,
           REICHLEY, SIPTROTH, SONNEY, WALKO, WATSON, MILLARD, RUBLEY
           AND GEIST, JANUARY 30, 2007

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
           JANUARY 30, 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 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


     1  dental assistant, or to assume any title of "dentist," "dental
     2  surgeon," "dental hygienist," expanded function dental
     3  assistant" or other letters or titles in connection with his or
     4  her name which in any way represent him or her as being engaged
     5  in the practice of dentistry or as a dental hygienist or as an
     6  expanded function dental assistant, or authorized so to do,
     7  unless he or she has been duly licensed or certified, and
     8  authorized to engage in such practice under the provisions of
     9  this act. A person who violates this subsection commits a
    10  misdemeanor of the third degree and shall, upon conviction, for
    11  a first offense, be sentenced to a fine not to exceed [one
    12  thousand dollars ($1,000)] two thousand five hundred dollars
    13  ($2,500) or to imprisonment for not more than six months, or
    14  both. A second offense shall be subject to a fine not to exceed
    15  [two thousand dollars ($2,000)] five thousand dollars ($5,000)
    16  or imprisonment for a term of six months to one year, or both.
    17     * * *
    18     (h)  Any person violating any of the provisions of this
    19  section other than subsection (a), or any other provisions of
    20  this act except as provided in subsection (a), shall be guilty
    21  of a misdemeanor, and, upon conviction thereof, shall be
    22  sentenced to pay a fine not exceeding [five hundred dollars] two
    23  thousand five hundred dollars ($2,500), or to suffer
    24  imprisonment not exceeding six months, or both, for a first
    25  offense in the discretion of the court. For a second or
    26  subsequent offense, a person shall be sentenced to pay a fine
    27  not exceeding five thousand dollars ($5,000) or to suffer
    28  imprisonment not exceeding one year, or both, in the discretion
    29  of the court.
    30     Section 2.  This act shall take effect in 60 days.
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