THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYTON, B. BOYLE, K. BOYLE, BRADFORD, BROWNLEE, CALTAGIRONE, DALEY, DAVIS, DERMODY, ELLIS, FRANKEL, GERGELY, GIBBONS, HANNA, W. KELLER, KIRKLAND, MURPHY, M. O'BRIEN, QUIGLEY, SAMUELSON, WATERS AND YOUNGBLOOD, MARCH 19, 2012

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 19, 2012  

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 providing for definitions, for

general powers of the State Board of Dentistry, for fees, for

reason for refusal, revocation or suspension of license or

certificate, for licensing of graduates of foreign dental

schools, for employees and assistants, for penalties and for

reporting of multiple licensure or certification.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "Practice of Dentistry" in

section 2 of the act of May 1, 1933 (P.L.216, No.76), known as

The Dental Law, amended December 16, 1992 (P.L.1222, No.160), is

amended to read:

Section 2.  Definitions.--A person engages in the "Practice

of Dentistry," within the meaning of this act, who diagnoses,

treats, operates on, or prescribes for any disease, pain or

injury, or regulates any deformity or physical condition, of the

human teeth, jaws, or associated structures, or conducts a

physical evaluation, or administers anesthetic agents, or uses

ionizing radiation in the course of dental practice, or who

fits, constructs, and inserts any artificial appliance, plate,

or denture for the human teeth or jaws, or who holds himself or

herself out as being able or legally authorized to do so. The

term "Practice of Dentistry" does not include:

(a)  The practice of any of the healing arts by duly licensed

practitioners.

(b)  The extracting of teeth or relieving pain by a licensed

physician or surgeon in emergencies, or the making of

applications for such purposes.

(c)  The practice of dentistry by a duly licensed

practitioner of dentistry of any other state or country, for the

limited purpose of consultation with respect to any case under

treatment in this Commonwealth, or of demonstrating before any

duly authorized dental society in this Commonwealth.

(d)  The practice of dentistry by a duly licensed

practitioner of dentistry of any other state or country for the

limited purpose of teaching, including clinical teaching, in a

dental school or advanced dental education program in the

Commonwealth approved by the board after [notification]

application to the board for a restricted license and in

accordance with board regulations. [Appointments shall not

exceed four (4) years and may only be extended if the

practitioner receives a license from the board.]

(e)  The practice of dentistry in clinical departments and

laboratories of dental schools and their affiliated facilities

approved by the board in the Commonwealth, by bona fide students

pursuing a course of study leading to the degree of Doctor of

Dental Surgery or Doctor of Dental Medicine.

(f)  The practice of dentistry in a dental clinic operated

not for profit for the duration of an internship, residency or

other graduate training program approved by the American Dental

Association Commission on Dental Accreditation or a dental

anesthesiology training program that meets the standards of an

accrediting body acceptable to the board, by persons having

acquired the preliminary and professional education required for

admission into the program, after notification to the board.

* * *

Section 2.  Section 3(j.2) and (m) of the act, amended

December 27, 1994 (P.L.1361, No.160) and July 20, 2007 (P.L.327,

No.51), are amended and the section is amended by adding a

subsection to read:

Section 3.  General Powers of the State Board of Dentistry.--

The State Board of Dentistry (hereinafter called the board)

shall have the following powers and duties:

* * *

(d.2)  (1)  To grant without examination a restricted license

to teach dentistry within the facilities of a dental school in

this Commonwealth, that is approved by the Commission on Dental

Accreditation of the American Dental Association, to any duly

qualified person, not less than twenty-one (21) years of age, of

good moral character, not addicted to the use of intoxicating

liquor or narcotic drugs, who:

(i)  has successfully completed a specialty dentistry program

or advanced dental training in a clinical field, that is

approved by the Commission on Dental Accreditation of the

American Dental Association, and:

(A)  holds an appointment to the faculty of a dental school

in this Commonwealth that is approved by the Commission on

Dental Association of the American Dental Association to teach

dentistry;

(B)  is not licensed to practice dentistry in this

Commonwealth;

(C)  is licensed to practice dentistry by the proper

licensing authority of another state, country or territory in

which the standards for practicing and teaching are in

accordance with, and approved by, the Commission on Dental

Accreditation of the American Dental Association;

(D)  has not failed an examination for a license to practice

dentistry in this Commonwealth;

(E)  has met educational requirements as set by the board by

regulations; and

(F)  submits a completed application, the supporting

documents the board deems necessary to determine his

qualifications and the prescribed fee.

(2)  A restricted license shall entitle the licensee to

engage in direct clinical teaching and supervision of care

provided by students and residents, and practice clinical care

in no more than one area of specialty within the educational

facilities of a dental school in this Commonwealth that is

approved by the Commission on Dental Accreditation of the

American Dental Association.

(3)  A licensed teacher of dentistry may receive additional

compensation, to be paid by the dental school at which the

teacher of dentistry is licensed to teach, for services provided

in accordance with clause (2).

(4)  Conditions of renewal, including continuing education,

shall be set by the board by regulations.

* * *

(j.2)  (1)  To adopt, promulgate and enforce rules and

regulations establishing requirements for continuing dental

education to be met by persons licensed or certified under this

act. The board shall approve sponsors of continuing education

courses within one year of the effective date of regulations

adopted to enforce this subsection. No credit may be given for

courses in office management or practice building. The board may

waive all or part of the continuing education requirement to a

licensee who shows to the satisfaction of the board that he or

she was unable to complete the requirement due to illness,

emergency or hardship.

(2)  The following requirements shall be satisfactorily

completed in accordance with board regulations as a precedent to

[biennial] renewal of a license or certification:

(i)  Thirty credit hours for a person licensed to practice

dentistry or licensed as a teacher of dentistry under clause

(1)(i).

(ii)  Twenty credit hours for a person licensed to practice

dental hygiene. For a public health dental hygiene practitioner,

five hours shall be public health-related courses.

(iii)  Ten credit hours for a person certified to practice

expanded function dental assisting.

(3)  For the purposes of this subsection, one credit hour

shall be defined as one clock hour of instruction.

* * *

(m)  To administer and enforce the laws of the Commonwealth

relating to the practice of dentistry and dental hygienists and

teachers of dentistry and certified expanded function dental

assistants, and to instruct and require its agents to bring

prosecutions for unauthorized and unlawful practices.

* * *

Section 2.1.  Section 3.1 of the act, added July 11, 1996

(P.L.657, No.113), is amended to read:

Section 3.1.  Renewal of License and Restoration of Expired

License.--(a)  Any person whose license or certificate issued

under this act has expired for failure to make biennial

registration over a period not exceeding five years may have the

license or certificate reinstated upon presentation to the board

of satisfactory evidence of having completed the biennial

educational requirements which he or she would have been

required to complete if the license or certificate had not

expired, and payment of the biennial registration fee as

established by regulation of the board.

(b)  Any person whose license or certificate has expired for

failure to make biennial registration over a period of more than

five years shall apply to the board and may be required to

submit to a reexamination in accordance with section 3.

Section 3.  Sections 4(a) and 4.1 of the act, amended

December 27, 1994 (P.L.1361, No.160), are amended to read:

Section 4.  Fees.--(a)  The fee for an applicant for

examination and licensure to practice dentistry or as a dental

hygienist or certification for an expanded function dental

assistant in this Commonwealth shall be fixed by the board by

regulation. The fee for licensure as a teacher of dentistry in

this Commonwealth shall be fixed by the board by regulation. It

shall be the duty of all persons now qualified and engaged in

the practice of dentistry and dental hygiene or as a certified

expanded function dental assistant, or who shall hereafter be

licensed or certified by the board, to renew biennially with

said board, and pay for each such biennial renewal a fee which

shall be fixed by the board by regulation.

* * *

Section 4.1.  Reason for Refusal, Revocation or Suspension of

License or Certificate.--(a)  The board shall have authority, by

majority action, to refuse, revoke or suspend the license of any

dentist [or], dental hygienist or teacher of dentistry or 

certificate of an expanded function dental assistant for any or

all of the following reasons:

(1)  Failing to demonstrate the qualifications or standards

for a license contained in this act or regulations of the board.

(2)  Making misleading, deceptive, untrue or fraudulent

representations.

(3)  Practicing fraud or deceit in obtaining a license to

practice dentistry [or], dental hygiene or as a teacher of

dentistry or certificate for expanded function dental assisting

or making a false or deceptive biennial renewal with the board.

(4)  Having been found guilty of a crime or misdemeanor

involving moral turpitude or having been found guilty of a

felony in violation of the laws of this Commonwealth or any

other state, territory or country. For purposes of this clause

(4), the phrase "having been found guilty" shall include a

finding or verdict of guilt, an admission of guilt or a plea of

nolo contendere.

(5)  Having a license to practice dentistry [or], dental

hygiene or as a teacher of dentistry or certificate for expanded

function dental assisting revoked, suspended or having other

disciplinary action imposed or consented to by the proper

licensing authority of another state, territory or country or

his application for license refused, revoked or suspended by the

proper licensing authority of another state, territory or

country.

(6)  Violating any of the provisions of this act or of a

lawful regulation promulgated by the board or violating a lawful

order of the board previously entered by the board in a

disciplinary proceeding.

(7)  Knowingly maintaining a professional connection or

association with any person who is in violation of this act or

regulations of the board or knowingly aiding, assisting,

procuring or advising any unlicensed person to practice

dentistry [or], dental hygiene or as a teacher of dentistry or

uncertified person for expanded function dental assisting

contrary to this act or regulations of the board.

(8)  Engaging in unprofessional conduct. For purposes of this

clause (8), unprofessional conduct shall include any departure

from, or failure to conform to, the standards of acceptable and

prevailing dental or dental hygiene practice, practice of

teaching dentistry and standard of care for expanded function

dental assistants in which proceeding actual injury to the

patient need not be established.

(9)  Committing an act of gross negligence, malpractice or

incompetence or repeated acts of negligence, malpractice or

incompetence.

(10)  Engaging in false, misleading or deceptive advertising.

(11)  Being unable to practice dentistry or as a dental

hygienist or as a teacher of dentistry or as an expanded

function dental assistant with reasonable skill and safety to

patients by reason of illness, drunkenness, excessive use of

controlled substances, chemicals or any other type of material,

or as the result of any mental or physical condition. In

enforcing this clause (11), the board shall, upon probable

cause, have authority to compel a dentist, dental hygienist,

teacher of dentistry or expanded function dental assistant to

submit to a mental or physical examination by physicians

designated by the board. Failure of a dentist, dental hygienist,

teacher of dentistry or expanded function dental assistant to

submit to such examination when directed by the board, unless

such failure is due to circumstances beyond his control, shall

constitute an admission of the allegations against him,

consequent upon which a default and final order may be entered

without the taking of testimony or presentation of evidence. A

dentist, dental hygienist, teacher of dentistry or expanded

function dental assistant affected under this clause (11) shall,

at reasonable intervals, be afforded an opportunity to

demonstrate that he or she can resume a competent practice of

dentistry, dental hygiene or as a teacher of dentistry or as an

expanded function dental assistant with reasonable skill and

safety to patients.

(b)  When the board finds that the license or certificate of

any person may be refused, revoked or suspended under the terms

of this section, the board may:

(1)  Deny the application for license or certificate.

(2)  Administer a public reprimand.

(3)  Revoke, suspend, limit or otherwise restrict a license

or certificate as determined by the board. Unless ordered to do

so by a court, the board shall not reinstate the license of a

person to practice dentistry, or as a dental hygienist or as a

teacher of dentistry or certificate of an expanded function

dental assistant, which has been revoked, and such person shall

be required to apply for a license or certificate after a five-

year period in accordance with section 3, if he or she desires

to practice at any time after such revocation. Any person whose

license or certificate has been suspended or revoked because of

a felony conviction under the act of April 14, 1972 (P.L.233,

No.64), known as "The Controlled Substance, Drug, Device and

Cosmetic Act," or similar law of another jurisdiction, may apply

for reinstatement after a period of at least ten (10) years has

elapsed from the date of conviction. The board may reinstate the

license or certificate if the board is satisfied that the person

has made significant progress in personal rehabilitation since

the conviction such that his reinstatement should not be

expected to create a substantial risk of harm to the health and

safety of his patients or the public or a substantial risk of

further criminal violations and if the person meets all other

licensing or certifying qualifications of this act, including

the examination requirement.

(4)  Require a licensee or certified expanded function dental

assistant to submit to the care, counseling or treatment of a

physician or psychologist designated by the board.

(5)  Require that a licensee or certified expanded function

dental assistant successfully complete a course of educational

training and testing as directed by the board.

(6)  Restore or reissue, in its discretion, a license to

practice dentistry or dental hygiene or teaching of dentistry or

certificate for an expanded function dental assistant and impose

any disciplinary or corrective measures which it might

originally have imposed.

(7)  Suspend enforcement of its findings thereof and place a

licensee or certified expanded function dental assistant on

probation with the right to vacate the probationary order for

noncompliance.

(8)  Order any person found to have violated any provision of

this act or the regulations governing the practice of dentistry

to restore to any patient aggrieved by an unlawful act or

practice, any moneys or property, real or personal, acquired by

means of such act or practice, provided the board shall not

order restitution in a dollar amount greater than those moneys

received by the licensee or his agent.

(c)  All actions of the board shall be taken subject to the

right of notice, hearing and adjudication and the right of

appeal therefrom in accordance with Title 2 of the Pennsylvania

Consolidated Statutes (relating to administrative law and

procedure).

(d)  The board shall temporarily suspend a license or

certificate under circumstances as determined by the board to be

an immediate and clear danger to the public health or safety.

The board shall issue an order to that effect without a hearing,

but upon due notice, to the licensee or certified expanded

function dental assistant concerned at his last known address,

which shall include a written statement of all allegations

against the licensee or certified expanded function dental

assistant. The provisions of subsection (c) shall not apply to

temporary suspension. The board shall thereupon commence formal

action to suspend, revoke or restrict the license or certificate

of the person concerned as otherwise provided for in this act.

All actions shall be taken promptly and without delay. Within

thirty days following the issuance of an order temporarily

suspending a license or certificate, the board shall conduct, or

cause to be conducted, a preliminary hearing to determine that

there is a prima facie case supporting the suspension. The

person whose license or certificate has been temporarily

suspended may be present at the preliminary hearing and may be

represented by counsel, cross-examine witnesses, inspect

physical evidence, call witnesses, offer evidence and testimony

and make a record of the proceedings. If it is determined that

there is not a prima facie case, the suspended license or

certificate shall be immediately restored. The temporary

suspension shall remain in effect until vacated by the board,

but in no event longer than one hundred eighty days.

(e)  The board shall require a person whose license or

certificate has been suspended or revoked to return the license

or certificate in such manner as the board directs. Failure to

do so shall be a misdemeanor of the third degree.

Section 4.  Section 6.2 of the act, added December 20, 1985

(P.L.513, No.118), is repealed:

[Section 6.2.  Licensing of Graduates of Foreign Dental

Schools.--(a)  An Advisory Committee to serve one six-month term

from the effective date of this section, appointed by the board,

consisting of three faculty members from dental schools

accredited in this Commonwealth, shall be charged with the

responsibility of consulting with the aforesaid schools in order

to develop programs and standards for graduates of foreign

dental schools to qualify for licensure. The committee shall

make recommendations and report to the board. The board shall

report to the House Professional Licensure Committee and the

Senate Committee on Consumer Protection and Professional

Licensure, within six months of the effective date of this act,

on the status and progress of this Advisory Committee.

Thereafter, the board shall annually report to the House

Professional Licensure Committee and the Senate Committee on

Consumer Protection and Professional Licensure on programs and

standards for graduates of foreign dental schools. The Advisory

Committee members shall be compensated at the rate of sixty

dollars ($60) per diem when actually attending to the work of

the board and shall also receive the amount of reasonable

traveling, hotel and other necessary expenses incurred in the

performance of their duties in accordance with Commonwealth

regulations.

(b)  It is the intent of the General Assembly that the

provisions of this section be construed liberally in order to

ensure the establishment of viable and accessible programs

through which graduates of foreign dental schools may obtain

such further preclinical and clinical training as shall lead to

the awarding of the D.M.D. or D.D.S. degree at accredited dental

schools in this Commonwealth in order to qualify for licensure

under the provisions of this act.]

Section 5.  Section 9 of the act is repealed:

[Section 9.  Employes and Assistants.--The Department of

Public Instruction shall assign to the board such clerks,

stenographers, assistants, and investigators as may be deemed

necessary to carry out and enforce the provisions of this act.]

Section 6.  Sections 10 and 11.5 of the act, amended December

27, 1994 (P.L.1361, No.160), are amended to read:

Section 10.  Penalties.--(a)  It is unlawful for any person

to practice dentistry or as a dental hygienist or as a teacher

of dentistry or as an expanded function dental assistant, or to

hold himself or herself out as a practitioner of or entitled or

authorized to practice dentistry or as a dental hygienist or as

a teacher of dentistry or as an expanded function dental

assistant, or to assume any title of "dentist," "dental

surgeon," "dental hygienist," "teacher of dentistry," "expanded

function dental assistant" or other letters or titles in

connection with his or her name which in any way represent him

or her as being engaged in the practice of dentistry or as a

dental hygienist or as a teacher of dentistry or as an expanded

function dental assistant, or authorized so to do, unless he or

she has been duly licensed or certified, and authorized to

engage in such practice under the provisions of this act. A

person who violates this subsection commits a misdemeanor of the

third degree and shall, upon conviction, for a first offense, be

sentenced to a fine not to exceed one thousand dollars ($1,000)

or to imprisonment for not more than six months, or both. A

second offense shall be subject to a fine not to exceed two

thousand dollars ($2,000) or imprisonment for a term of six

months to one year, or both.

(b)  It is unlawful for any person to practice dentistry or

as a dental hygienist or as a teacher of dentistry or as an

expanded function dental assistant under a name other than that

on his or her license and biennial renewal, or to practice under

the name on his or her license and biennial renewal with any

addition thereto, except a purely technical appellation such as

"Dentist," "D.D.S.," "Orthodontist" or other word or letters

pertaining strictly to the practice of dentistry, or to induce

any person to practice dentistry or as a dental hygienist or as

a teacher of dentistry or as an expanded function dental

assistant in violation of this act.

(c)  It is unlawful for any person to sell, offer to sell or

barter or exchange any diploma or document conferring or

purporting to confer any dental degree or any license or

certificate issued according to law regulating the licensing of

dentists [or], dental hygienists or teachers of dentistry or

expanded function dental assistants, or to alter any such

document with fraudulent intent, or to use it as a license to

practice dentistry under an assumed name, or to make any false

statement in an affidavit relating to or in an application for a

license.

(d)  It is unlawful for any person to practice dentistry or

as a dental hygienist or as an expanded function dental

assistant unless his or her license or certificate and biennial

renewal certificate are displayed in the office in which he or

she is practicing dentistry or as a dental hygienist or as an

expanded function dental assistant.

(e)  It is unlawful for a person practicing dentistry to

employ a person as a dental hygienist unless such person is

licensed as a dental hygienist as required by this act and the

rules and regulations of the board or to employ a person as an

expanded function dental assistant unless such person is

certified as an expanded function dental assistant as required

by this act and the rules and regulations of the board.

(f)  It is unlawful for any dentist to permit any dental

hygienist operating under his general supervision to perform any

operation other than those included within practice as a "Dental

Hygienist," as defined by section two of this act. It is

unlawful for any dentist to permit any expanded function dental

assistant operating under his or her direct supervision to

perform any procedures other than those included within the

definition of "Expanded Function Dental Assistant."

(g)  It is unlawful for any dental hygienist to perform any

of the operations included in practice as a "Dental Hygienist,"

as defined by section two of this act, except under the general

supervision of a licensed dentist. It is unlawful for any

expanded function dental assistant to perform any procedure

within the definition of "Expanded Function Dental Assistant"

which requires certification under this act unless such

procedure is performed under the direct supervision of a

licensed dentist.

(g.1)  It is unlawful for any teacher of dentistry to perform

any operations that a person licensed to practice dentistry may

perform outside the facilities of the dental school in this

Commonwealth, that is accredited by the Commission on Dental

Accreditation of the American Dental Association, at which the

teacher of dentistry is licensed to teach.

(h)  Any person violating any of the provisions of this

section other than subsection (a), or any other provisions of

this act except as provided in subsection (a), shall be guilty

of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding five hundred dollars, or

to suffer imprisonment not exceeding six months, or both, in the

discretion of the court.

Section 11.5.  Reporting of Multiple Licensure or

Certification.--Any licensed dentist [or], dental hygienist or

teacher of dentistry or certified expanded function dental

assistant of this Commonwealth who is also licensed to practice

dentistry or as a dental hygienist or a certified expanded

function dental assistant in any other state, territory or

country shall report this information to the board on the

biennial renewal application. Any disciplinary action taken in

other states, territories or countries shall be reported to the

board on the biennial renewal application or within ninety (90)

days of disposition, whichever is sooner. Multiple licensure or

certification shall be noted by the board on the dentist's,

dental hygienist's, teacher of dentistry's or expanded function

dental assistant's record, and such state, territory or country

shall be notified by the board of any disciplinary actions taken

against the dentist or dental hygienist in this Commonwealth.

Section 7.  This act shall take effect in 60 days.