PRINTER'S NO. 502
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, 20070S0455B0502 - 2 -
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 * * * 20070S0455B0502 - 3 -
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: 20070S0455B0502 - 4 -
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. L27L63JLW/20070S0455B0502 - 5 -