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                                                       PRINTER'S NO. 502

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 455 Session of 2007


        INTRODUCED BY VANCE, EARLL, BOSCOLA, FONTANA, MADIGAN, O'PAKE,
           ORIE, PUNT, RAFFERTY, STACK, M. WHITE AND WONDERLING,
           MARCH 14, 2007

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           MARCH 14, 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 "independent 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 independent practice of
    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. Dental hygienists certified as independent dental
    16  hygiene practitioners may perform intra-oral procedures without
    17  the assignment of a dentist pursuant to section 11.9. The
    18  foregoing shall not be construed as authorizing the assignment
    19  of diagnosing, treatment planning and writing prescriptions for
    20  drugs or writing authorizations for restorative, prosthetic, or
    21  orthodontic appliances. The board shall issue rules setting
    22  forth the necessary education and defining the procedures that
    23  may be performed by dental hygienists licensed under this act
    24  including those procedures that may be performed under direct
    25  and general supervision.
    26     The word "board," as used in this act, means the [State
    27  Dental Council and Examining Board] State Board of Dentistry.
    28     * * *
    29     "Independent Dental Hygiene Practitioner" means a licensed
    30  dental hygienist who may perform educational, preventative,
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     1  therapeutic and intra-oral procedures which the hygienist is
     2  educated to perform and which requires the hygienist's
     3  professional competence and skill but which do not require the
     4  professional competence and skill of a dentist without the
     5  authorization, assignment or examination of a dentist, and who
     6  is certified by the State Board of Dentistry as having satisfied
     7  the requirements of section 11.9. Independent dental hygiene
     8  practitioners may only engage in professional practice in the
     9  practice sites enumerated in section 11.9(b).
    10     Section 2.  Section 3(d) of the act, amended December 27,
    11  1994 (P.L.1361, No.160), is amended to read:
    12     Section 3.  General Powers of the State Board of Dentistry.--
    13  The State Board of Dentistry (hereinafter called the board)
    14  shall have the following powers and duties:
    15     * * *
    16     (d)  To provide for and to regulate the licensing, and to
    17  license as a dental hygienist, after examination, any duly
    18  qualified person, not less than eighteen years of age, of good
    19  moral character, not addicted to the use of intoxicating liquor
    20  or narcotic drugs, who has obtained the required education[,
    21  together with a certificate or diploma from an approved
    22  institution or college] for the training of dental hygienists[.]
    23  from an approved institution or college that meets or exceeds
    24  the minimum standards established by an approved United States
    25  Department of Education-recognized regional accrediting agency
    26  or the American Dental Association Commission on Dental
    27  Accreditation. The board shall, consistent with this act, adopt
    28  regulations providing for the general supervision and practice
    29  of dental hygienists under this act.
    30     * * *
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     1     Section 3.  Section 11.4(a) of the act, added December 20,
     2  1985 (P.L.513, No.118), is amended and the section is amended by
     3  adding subsections to read:
     4     Section 11.4.  Radiologic Procedures; Education and Training
     5  Required.--(a)  On and after January 1, 1987, no auxiliary
     6  personnel except dental hygienists and independent dental
     7  hygiene practitioners shall perform radiologic procedures on the
     8  premises of the dentist unless such person is under the direct
     9  supervision of a dentist who is on the premises at the time the
    10  X-ray is taken and unless such person has passed an examination
    11  approved by the board and administered in accordance with
    12  section 812.1 of the act of April 9, 1929 (P.L.177, No.175)
    13  known as "The Administrative Code of 1929."
    14     * * *
    15     (e)  Notwithstanding the supervision requirements of this
    16  act, an independent dental hygiene practitioner may perform
    17  radiological procedures in any setting without supervision of a
    18  dentist on or after the effective date of this subsection.
    19     (f)  A dental hygienist may perform radiologic procedures in
    20  any setting under the general supervision of a licensed dentist.
    21  For the purposes of this subsection, "general supervision" means
    22  supervision by a dentist who examines the patient, develops a
    23  dental treatment plan, authorizes the performance of the
    24  radiologic services to be performed within one year of the
    25  examination, and takes full professional responsibility for
    26  performance of the dental hygienist.
    27     Section 4.  The act is amended by adding a section to read:
    28     Section 11.9.  Independent Dental Hygiene Practitioner.--(a)
    29  Independent dental hygiene practitioners must satisfy and shall
    30  be certified by the board upon meeting the following criteria:
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     1     (1)  Completion of one thousand eight hundred hours of
     2  practice under the supervision of a licensed dentist.
     3     (2)  Purchase of a malpractice policy in an amount determined
     4  to be adequate by the board.
     5     (b)  The professional practice of an independent 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 public or private institution under the jurisdiction
    26  of a Federal, State or local agency.
    27     (9)  Other institutions the board deems appropriate.
    28     Section 5.  This act shall take effect in 60 days.


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