1Amending the act of May 1, 1933 (P.L.216, No.76), entitled "An
2act relating to dentistry; defining and providing for the
3licensing and registration of dentists and dental hygienists,
4and for the revocation and suspension of such licenses and
5registrations, subject to appeal, and for their
6reinstatement; defining the powers and duties of the State
7Dental Council and Examining Board and the Department of
8Public Instruction; providing penalties; and repealing
9existing laws," further providing for definitions, for
10general powers of the State Board of Dentistry, for fees, for
11reason for refusal, revocation or suspension of license or
12certificate, for penalties and for reporting of multiple
13licensure or certification; and providing for restricted 
14faculty license.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

17Section 1.  The definition of "practice of dentistry" in
18section 2 of the act of May 1, 1933 (P.L.216, No.76), known as
19The Dental Law, amended December 16, 1992 (P.L.1222, No.160), is
20amended and the section is amended by adding a definition to
21read:

22Section 2.  Definitions.--A person engages in the "Practice
23of Dentistry," within the meaning of this act, who diagnoses,

1treats, operates on, or prescribes for any disease, pain or
2injury, or regulates any deformity or physical condition, of the
3human teeth, jaws, or associated structures, or conducts a
4physical evaluation, or administers anesthetic agents, or uses
5ionizing radiation in the course of dental practice, or who
6fits, constructs, and inserts any artificial appliance, plate,
7or denture for the human teeth or jaws, or who holds himself or
8herself out as being able or legally authorized to do so. The 
9term "Practice of Dentistry" includes the practice of dentistry 
10under a restricted faculty license. The term "Practice of
11Dentistry" does not include:

12(a)  The practice of any of the healing arts by duly licensed
13practitioners.

14(b)  The extracting of teeth or relieving pain by a licensed
15physician or surgeon in emergencies, or the making of
16applications for such purposes.

17(c)  The practice of dentistry by a duly licensed
18practitioner of dentistry of any other state or country, for the
19limited purpose of consultation with respect to any case under
20treatment in this Commonwealth, or of demonstrating before any
21duly authorized dental society in this Commonwealth.

22[(d)  The practice of dentistry by a duly licensed
23practitioner of dentistry of any other state or country for the
24limited purpose of teaching, including clinical teaching, in a
25dental school or advanced dental education program in the
26Commonwealth approved by the board after notification to the
27board and in accordance with board regulations. Appointments
28shall not exceed four (4) years and may only be extended if the
29practitioner receives a license from the board.]

30(e)  The practice of dentistry in clinical departments and

1laboratories of dental schools and their affiliated facilities
2approved by the board in the Commonwealth, by bona fide students
3pursuing a course of study leading to the degree of Doctor of
4Dental Surgery or Doctor of Dental Medicine.

5(f)  The practice of dentistry in a dental clinic operated
6not for profit for the duration of an internship, residency or
7other graduate training program approved by the American Dental
8Association Commission on Dental Accreditation or a dental
9anesthesiology training program that meets the standards of an
10accrediting body acceptable to the board, by persons having
11acquired the preliminary and professional education required for
12admission into the program, after notification to the board.

13* * *

14"Restricted Faculty License" means a license granted to an
15individual for the limited purpose of teaching, including
16clinical teaching, in a dental school or advanced dental
17education program as a faculty member at an accredited dental
18school in this Commonwealth.

19* * *

20Section 2.  Section 3(j.2)(2) of the act, amended July 20,
212007 (P.L.327, No.51), is amended and the section is amended by
22adding a subsection to read:

23Section 3.  General Powers of the State Board of Dentistry.--
24The State Board of Dentistry (hereinafter called the board)
25shall have the following powers and duties:

26* * *

27(c.1)  To provide for and to regulate the licensing, and to
28license to practice dentistry for the limited purpose of
29teaching, without examination, any qualified applicant who
30satisfies the requirements of section 11.11.

1* * *

2(j.2)   * * *

3(2)  The following requirements shall be satisfactorily
4completed in accordance with board regulations as a precedent to
5biennial renewal of a license or certification:

6(i)  Thirty credit hours for a person licensed to practice
7dentistry, including an individual licensed to practice 
8dentistry under a restricted faculty license.

9(ii)  Twenty credit hours for a person licensed to practice
10dental hygiene. For a public health dental hygiene practitioner,
11five hours shall be public health-related courses.

12(iii)  Ten credit hours for a person certified to practice
13expanded function dental assisting.

14* * *

15Section 3.  Sections 4(a) and 4.1(a) introductory paragraph,
16(3), (5), (7), (8) and (11) and (b)(3) and (6) of the act,
17amended December 27, 1994 (P.L.1361, No.160), are amended to
18read:

19Section 4.  Fees.--(a)  The fee for an applicant for
20examination and licensure to practice dentistry or as a dental
21hygienist or certification for an expanded function dental
22assistant in this Commonwealth shall be fixed by the board by
23regulation. It shall be the duty of all persons now qualified
24and engaged in the practice of dentistry and dental hygiene or
25as a certified expanded function dental assistant, or who shall
26hereafter be licensed or certified by the board, to renew
27biennially with said board, and pay for each such biennial
28renewal a fee which shall be fixed by the board by regulation. 
29The fee for an applicant for a restricted faculty license in 
30this Commonwealth shall be fixed by the board by regulation.

1* * *

2Section 4.1.  Reason for Refusal, Revocation or Suspension of
3License or Certificate.--(a)  The board shall have authority, by
4majority action, to refuse, revoke or suspend the license of any
5dentist [or], dental hygienist or restricted faculty licensee or
6certificate of an expanded function dental assistant for any or
7all of the following reasons:

8* * *

9(3)  Practicing fraud or deceit in obtaining a license to
10practice dentistry or dental hygiene or restricted faculty 
11license or certificate for expanded function dental assisting or
12making a false or deceptive biennial renewal with the board.

13* * *

14(5)  Having a license to practice dentistry or dental hygiene
15or restricted faculty license or certificate for expanded
16function dental assisting revoked, suspended or having other
17disciplinary action imposed or consented to by the proper
18licensing authority of another state, territory or country or
19his application for license refused, revoked or suspended by the
20proper licensing authority of another state, territory or
21country.

22* * *

23(7)  Knowingly maintaining a professional connection or
24association with any person who is in violation of this act or
25regulations of the board or knowingly aiding, assisting,
26procuring or advising any unlicensed person to practice
27dentistry, including practice outside the scope of a restricted 
28faculty license, or dental hygiene or uncertified person for
29expanded function dental assisting contrary to this act or
30regulations of the board.

1(8)  Engaging in unprofessional conduct. For purposes of this
2clause (8), unprofessional conduct shall include any departure
3from, or failure to conform to, the standards of acceptable and
4prevailing dental or dental hygiene practice, practice under a  
5restricted faculty license and standard of care for expanded
6function dental assistants in which proceeding actual injury to
7the patient need not be established.

8* * *

9(11)  Being unable to practice dentistry or as a dental
10hygienist, as a restricted faculty licensee or as an expanded
11function dental assistant with reasonable skill and safety to
12patients by reason of illness, drunkenness, excessive use of
13controlled substances, chemicals or any other type of material,
14or as the result of any mental or physical condition. In
15enforcing this clause (11), the board shall, upon probable
16cause, have authority to compel a dentist, dental hygienist, 
17restricted faculty licensee or expanded function dental
18assistant to submit to a mental or physical examination by
19physicians designated by the board. Failure of a dentist, dental
20hygienist, restricted faculty licensee or expanded function
21dental assistant to submit to such examination when directed by
22the board, unless such failure is due to circumstances beyond
23his control, shall constitute an admission of the allegations
24against him, consequent upon which a default and final order may
25be entered without the taking of testimony or presentation of
26evidence. A dentist, dental hygienist, restricted faculty 
27licensee or expanded function dental assistant affected under
28this clause (11) shall, at reasonable intervals, be afforded an
29opportunity to demonstrate that he or she can resume a competent
30practice of dentistry[,] or dental hygiene or as a restricted 

1faculty licensee or an expanded function dental assistant with
2reasonable skill and safety to patients.

3(b)  When the board finds that the license or certificate of
4any person may be refused, revoked or suspended under the terms
5of this section, the board may:

6* * *

7(3)  Revoke, suspend, limit or otherwise restrict a license
8or certificate as determined by the board. Unless ordered to do
9so by a court, the board shall not reinstate the license of a
10person to practice dentistry, [or] as a dental hygienist or as a 
11restricted faculty licensee or certificate of an expanded
12function dental assistant, which has been revoked, and such
13person shall be required to apply for a license or certificate
14after a five-year period in accordance with section 3, if he or
15she desires to practice at any time after such revocation. Any
16person whose license or certificate has been suspended or
17revoked because of a felony conviction under the act of April
1814, 1972 (P.L.233, No.64), known as "The Controlled Substance,
19Drug, Device and Cosmetic Act," or similar law of another
20jurisdiction, may apply for reinstatement after a period of at
21least ten (10) years has elapsed from the date of conviction.
22The board may reinstate the license or certificate if the board
23is satisfied that the person has made significant progress in
24personal rehabilitation since the conviction such that his
25reinstatement should not be expected to create a substantial
26risk of harm to the health and safety of his patients or the
27public or a substantial risk of further criminal violations and
28if the person meets all other licensing or certifying
29qualifications of this act, including the examination
30requirement.

1* * *

2(6)  Restore or reissue, in its discretion, a license to
3practice dentistry or dental hygiene or a restricted faculty 
4license or certificate for an expanded function dental assistant
5and impose any disciplinary or corrective measures which it
6might originally have imposed.

7* * *

8Section 4.  Section 10(a), (b) and (c) of the act, amended
9December 27, 1994 (P.L.1361, No.160), are amended and the
10section is amended by adding a subsection to read:

11Section 10.  Penalties.--(a)  It is unlawful for any person
12to practice dentistry or as a dental hygienist, as a restricted 
13faculty licensee or as an expanded function dental assistant, or
14to hold himself or herself out as a practitioner of or entitled
15or authorized to practice dentistry or as a dental hygienist, as 
16a restricted faculty licensee or as an expanded function dental
17assistant, or to assume any title of "dentist," "dental
18surgeon," "dental hygienist," "restricted faculty licensee," 
19"expanded function dental assistant" or other letters or titles
20in connection with his or her name which in any way represent
21him or her as being engaged in the practice of dentistry or as a
22dental hygienist, as a restricted faculty licensee or as an
23expanded function dental assistant, or authorized so to do,
24unless he or she has been duly licensed or certified, and
25authorized to engage in such practice under the provisions of
26this act. A person who violates this subsection commits a
27misdemeanor of the third degree and shall, upon conviction, for
28a first offense, be sentenced to a fine not to exceed one
29thousand dollars ($1,000) or to imprisonment for not more than
30six months, or both. A second offense shall be subject to a fine

1not to exceed two thousand dollars ($2,000) or imprisonment for
2a term of six months to one year, or both.

3(b)  It is unlawful for any person to practice dentistry or
4as a dental hygienist, as a restricted faculty licensee or as an
5expanded function dental assistant under a name other than that
6on his or her license and biennial renewal, or to practice under
7the name on his or her license and biennial renewal with any
8addition thereto, except a purely technical appellation such as
9"Dentist," "D.D.S.," "Orthodontist" or other word or letters
10pertaining strictly to the practice of dentistry, or to induce
11any person to practice dentistry or as a dental hygienist, as a 
12restricted faculty licensee or as an expanded function dental
13assistant in violation of this act.

14(c)  It is unlawful for any person to sell, offer to sell or
15barter or exchange any diploma or document conferring or
16purporting to confer any dental degree or any license or
17certificate issued according to law regulating the licensing of
18dentists [or], dental hygienists, restricted faculty licensees
19or expanded function dental assistants, or to alter any such
20document with fraudulent intent, or to use it as a license to
21practice dentistry under an assumed name, or to make any false
22statement in an affidavit relating to or in an application for a
23license.

24* * *

25(g.1)  It is unlawful for any restricted faculty licensee to
26practice dentistry outside the primary research facilities of
27the dental school in this Commonwealth at which the individual
28is licensed to teach.

29* * *

30Section 5.  Section 11.5 of the act, amended December 27, 

11994 (P.L.1361, No.160), is amended to read:

2Section 11.5.  Reporting of Multiple Licensure or
3Certification.--Any licensed dentist or dental hygienist, 
4restricted faculty licensee or certified expanded function
5dental assistant of this Commonwealth who is also licensed to
6practice dentistry or as a dental hygienist, as a restricted 
7faculty licensee or a certified expanded function dental
8assistant in any other state, territory or country shall report
9this information to the board on the biennial renewal
10application. Any disciplinary action taken in other states,
11territories or countries shall be reported to the board on the
12biennial renewal application or within ninety (90) days of
13disposition, whichever is sooner. Multiple licensure or
14certification shall be noted by the board on the dentist's,
15dental hygienist's, restricted faculty licensee's or expanded
16function dental assistant's record, and such state, territory or
17country shall be notified by the board of any disciplinary
18actions taken against the dentist [or], dental hygienist or
19restricted faculty licensee in this Commonwealth.

20Section 6.  The act is amended by adding a section to read:

21Section 11.11.  Restricted Faculty License.--(a)  The board
22shall grant without examination a restricted faculty license to
23any qualified individual, not less than twenty-one years of age,
24of good moral character, not addicted to the use of intoxicating
25liquor or narcotic drugs, who satisfies the following criteria:

26(1)  Is licensed to practice dentistry by the proper 
27licensing authority of another state, country or territory.

28(2)  Is not licensed to practice dentistry in this
29Commonwealth.

30(3)  Has successfully completed a specialty dentistry

1program, or advanced dental training in a clinical field, that
2is approved by the Commission on Dental Accreditation of the
3American Dental Association.

4(4)  Holds an appointment to the faculty of a dental school
5in this Commonwealth that is approved by the Commission on
6Dental Accreditation of the American Dental Association to teach
7dentistry.

8(5)  Has not failed an examination for a license to practice
9dentistry in this Commonwealth.

10(6)  Has met educational requirements as set by the board.

11(7)  Submits a completed application, including supporting
12documents the board deems necessary and the prescribed fee.

13(b)  A restricted faculty license shall entitle the licensee
14to engage in direct clinical teaching, which shall include
15practicing clinical care for the purpose of instructing and
16teaching students and residents, and supervision of care
17provided by students and residents, in no more than one area of
18specialty, only within the educational facilities of a dental
19school in this Commonwealth that is approved by the Commission
20on Dental Accreditation of the American Dental Association.
21Licensees shall be limited to the primary research facilities
22within the dental school, and may not engage in clinical
23teaching at satellite or other off-campus sites, such as
24clinics. The practice of dentistry at any satellite or off-
25campus site requires an unrestricted license to practice
26dentistry issued by the board.

27(c)  A restricted faculty licensee may receive additional
28compensation, to be paid by the dental school, for clinical care
29provided in accordance with subsection (b).

30(d)  A restricted faculty license may be renewed on a

1biennial basis. Conditions of renewal, including continuing
2education, shall be set by the board by regulation.

3Section 7.  This act shall take effect in 60 days.