THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PASHINSKI, YUDICHAK, BEYER, BRENNAN, BROOKS, CREIGHTON, DALEY, FABRIZIO, FLECK, GIBBONS, GINGRICH, JOSEPHS, KIRKLAND, KORTZ, LONGIETTI, MAHONEY, MUNDY, PETRI, READSHAW, SEIP, SIPTROTH, SOLOBAY, STERN, MARKOSEK, SANTONI AND GOODMAN, FEBRUARY 24, 2009

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 24, 2009  

AN ACT

Amending the act of May 1, 1933 (P.L.216, No.76), entitled "An

act relating to dentistry; defining and providing for the

licensing and registration of dentists and dental hygienists,

and for the revocation and suspension of such licenses and

registrations, subject to appeal, and for their

reinstatement; defining the powers and duties of the State

Dental Council and Examining Board and the Department of

Public Instruction; providing penalties; and repealing

existing laws," further defining "expanded function dental

assistant"; further providing for the State Board of

Dentistry; and providing for scope of practice of expanded

function dental assistant.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "expanded function dental

assistant" in section 2 of the act of May 1, 1933 (P.L.216, No.

76), known as The Dental Law, added December 27, 1994 (P.L.1361,

No.160), is amended to read:

Section 2.  Definitions.--* * *

"Expanded Function Dental Assistant" means an individual who

holds a current valid certification under this act to perform

reversible intraoral procedures authorized by this act under the

direct supervision of a licensed dentist and under an assignment

of duties by a dentist, as defined in section 11.8. [Such

procedures include, but are not limited to, placing and removing

rubber dams and matrices, placing and contouring amalgam and

other restorative materials and other reversible procedures not

designated by this act to be performed only by licensed dentists

or dental hygienists. Expanded function dental assistants shall

not perform the following procedures:

(a)  Complete or limited examination, diagnosis and treatment

planning.

(b)  Surgical or cutting procedures of hard or soft tissue.

(c)  Prescribing drugs, medicaments or work authorizations.

(d)  Taking impressions other than for study models or

diagnostic casts.

(e)  Final inspection and approval of restorative and other

treatment which affects occlusion and any necessary occlusal

adjustments.

(f)  Performing pulp capping, pulpotomy and other endodontic

procedures.

(g)  Placement and intraoral adjustments of fixed and

removable prosthetic appliances.

(h)  Administration of local anesthesia, parenteral or

inhalational sedation or general anesthesia.

Expanded function dental assistants shall perform under the

direct supervision of a dentist. Direct supervision means that a

dentist is in the dental office or treatment facility,

personally diagnoses the condition to be treated, personally

authorizes the procedure and remains in the dental office or

treatment facility while the procedure is being performed by the

expanded function dental assistant and, before dismissal of the

patient, evaluates the work performed by the expanded function

dental assistant.] In addition, an expanded function dental

assistant may perform those procedures specified in section

11.10 and other reversible procedures not designated by this act

to be performed by licensed dentists or dental hygienists. For

purposes of this definition, "direct supervision" shall mean

that a dentist is in the dental office or treatment facility,

personally diagnoses the condition to be treated, personally

authorizes the procedure and remains in the dental office or

treatment facility while the procedure is being performed and,

before dismissal of the patient, personally evaluates the work

performed.

* * *

Section 2.  Section 2.1(a) of the act, added December 20,

1985 (P.L.513, No.118), is amended to read:

Section 2.1.  State Board of Dentistry.--(a)  The State Board

of Dentistry shall consist of the Secretary of Health, or his

designee, the Director of the Bureau of Consumer Protection in

the Office of the Attorney General, or his designee, the

Commissioner of Professional and Occupational Affairs and [ten] 

twelve additional members, who shall be appointed by the

Governor with the advice and consent of a majority of the

members elected to the Senate. Two members shall represent the

public at large. [Seven] Eight members shall have been licensed

and engaged in the actual practice of dentistry in this

Commonwealth during a period of not less than ten years

immediately preceding their appointment. One member shall be a

dental hygienist licensed to practice dental hygiene in this

Commonwealth and shall have been engaged in the practice of

dental hygiene for a period of at least three years immediately

preceding appointment. One member shall be an expanded function

dental assistant.

* * *

Section 3.  The act is amended by adding a section to read:

Section 11.10.  Scope of Practice for Expanded Function

Dental Assistant.--(a)  An expanded function dental assistant

may perform the following procedures:

(1)  Placing and contouring amalgam and other restorative

materials.

(2)  Perform coronal polishing.

(3)  Perform fluoride treatments, including fluoride varnish.

(4)  Take impressions of teeth for athletic appliances.

(b)  An expanded function dental assistant may not perform

the following procedures:

(1)  Complete or limited examination, diagnosis and treatment

planning.

(2)  Surgical or cutting procedures of hard or soft tissue.

(3)  Prescribing drugs, medicaments or work authorizations.

(4)  Taking impressions other than for study models,

diagnostic casts or athletic appliances.

(5)  Final inspection and approval of restorative and other

treatment which affects occlusion and any necessary occlusal

adjustments.

(6)  Pulp capping, pulpotomy and other endodontic procedures.

(7) Placement and intraoral adjustments of fixed and

removable prosthetic appliances.

(8)  Administration of local anesthesia, parenteral or

inhalational sedation or general anesthesia.

Section 4.  The State Board of Dentistry shall promulgate

regulations to implement this act within 18 months of the

effective date of this section.

Section 5.  This act shall take effect in 60 days.