PRINTER'S NO. 1530
No. 1087 Session of 2004
INTRODUCED BY THOMPSON, KUKOVICH, RAFFERTY, LOGAN, COSTA,
KITCHEN, LEMMOND AND PICCOLA, APRIL 7, 2004
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 7, 2004
AN ACT
1 Regulating the practice and licensure of denturists.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the State Board
6 of Denturitry Act.
7 Section 2. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Board." The State Board of Denturitry established in
12 section 3.
13 "Denturist." A person engaged in the practice of denturitry.
14 "Practice of denturitry." Practice of denturitry means only:
15 (1) Recognizing oral conditions pertaining to denture
16 care; referring denture care patients for various
17 professional, medical and dental services; performing
1 examinations; interpreting radiographs and evaluating
2 temporomandibular dysfunction.
3 (2) The taking of denture impressions and bite
4 registration in order to design, make, produce, reproduce,
5 construct, finish, supply, alter or repair a complete or
6 partial upper or lower prosthetic denture, or any
7 combination, to be fitted to an arch or arches.
8 (3) The fitting, designing, making, producing,
9 constructing, finishing, supplying, altering and repairing
10 dentures of a complete or partial upper or lower prosthetic
11 denture, or both, to an arch or arches.
12 (4) The procedures incidental to the procedures
13 specified in paragraphs (1), (2) and (3) as defined by the
14 State Board of Denturitry.
15 Section 3. Establishment of board and appointment and term of
16 members and officers.
17 (a) Establishment.--There is hereby established a
18 departmental administrative board to be known as the State Board
19 of Denturitry which shall be in the Bureau of Professional and
20 Occupational Affairs of the Department of State. It shall
21 consist of seven members, all of whom shall be residents of this
22 Commonwealth and two of whom shall be chosen as representatives
23 of the public interest. The remaining five members shall be
24 denturists licensed to practice in this Commonwealth, except
25 that the first appointments shall be qualified to receive
26 licensure under the terms of this act, provided they have had at
27 least five years' working experience in Pennsylvania as
28 denturists immediately preceding appointment. The denturist
29 members of the board should be chosen so they are geographically
30 representative.
20040S1087B1530 - 2 -
1 (b) Appointment.--The Governor shall appoint the members to
2 serve on the board. In appointing persons to fill vacancies in
3 the five board positions designated to be held by licensed
4 denturists, the Governor shall select denturists who reside in
5 different regions of this Commonwealth in an effort to provide
6 geographical representation of denturists.
7 (c) Term.--
8 (1) The term of office of a member shall be three years,
9 except that of the denturist members of the board first
10 appointed, two shall serve terms of three years, two shall
11 serve terms of two years and one shall serve a term of one
12 year. A member appointed to fill a vacancy occurring
13 otherwise than by expiration of a term shall be appointed for
14 the remainder of the unexpired term.
15 (2) A member of the board shall be eligible for
16 reappointment.
17 (3) A member shall not be appointed to serve more than
18 two consecutive terms.
19 (d) Compensation.--A member shall receive reimbursement for
20 reasonable expenses incurred while engaged in the discharge of
21 official duties, as well as a $30 per diem allowance.
22 (e) Meetings.--The board shall meet at least twice a year
23 and may hold additional meetings whenever necessary to discharge
24 its duties. The location of the meetings shall be determined by
25 the board but shall be within this Commonwealth.
26 (f) Officers.--The board shall elect annually from its
27 membership a chairman, a vice chairman and a secretary.
28 Section 4. Powers and duties of board.
29 (a) Examinations and licensing.--It shall be the duty of the
30 board to pass upon the qualifications of applicants for
20040S1087B1530 - 3 -
1 licensure, to ensure the conduct of examinations, to issue and
2 renew licenses to denturists who qualify under this act and, in
3 proper cases, to suspend or revoke the license of a denturist.
4 The board shall be authorized and empowered to refuse, revoke or
5 suspend a license of a denturist pursuant to this act, to
6 conduct investigations, including the power to issue subpoenas,
7 and to hold hearings upon charges or information indicating
8 violation of the provisions of this act or regulations
9 promulgated under this act.
10 (b) Records.--The board shall maintain a record listing the
11 name of every living denturist licensed to practice in this
12 Commonwealth, the last known place of business, the last known
13 place of residence and the date and number of the license of the
14 licensee.
15 (c) Regulations.--The board shall have the power to
16 promulgate and adopt rules and regulations not inconsistent with
17 law as it deems necessary for the performance of its duties and
18 the proper administration of this act. Only in the absence of
19 disapproval shall the board proceed with the adoption of the
20 rule, regulation or amendment in accordance with section 202 of
21 the act of July 31, 1968 (P.L.769, No.240), referred to as the
22 Commonwealth Documents Law.
23 Section 5. Limited scope denturist license.
24 (a) Requirements.--The board shall issue a limited scope
25 license to a denturist to engage in providing the public with
26 complete dentures, complete denture relines and complete denture
27 repairs only, if the denturist demonstrates to the satisfaction
28 of the board that he:
29 (1) Has a minimum of five years in some combination of
30 training and experience in dental mechanics or technology or
20040S1087B1530 - 4 -
1 as a dental laboratory technician.
2 (2) Has completed one postsecondary course in each of
3 the following areas of study:
4 (i) Head and neck anatomy and physiology.
5 (ii) Oral pathology.
6 (iii) Centers for Disease Control and Prevention
7 guidelines for disinfection and sterilization.
8 (iv) Clinical removable prosthodontics.
9 (v) Temporomandibular joint disorders.
10 (vi) Principles of dental radiology.
11 (vii) Ethics and jurisprudence.
12 (3) Has successfully completed certification for
13 cardiopulmonary resuscitation equivalent to the standards of
14 the American Heart Association.
15 (4) Produces satisfactory documented verification of
16 having served a minimum of six months of performing clinical
17 prosthetic duties under the general supervision of a licensed
18 denturist or a licensed dentist.
19 (5) Has successfully passed the limited scope denturitry
20 examination or a comparable board-approved written and
21 clinical examination.
22 (b) Expiration.--This section shall expire one year after
23 the effective date of this act.
24 Section 6. Full scope denturist license.
25 The board shall issue a license to a denturist to engage in
26 the practice of denturitry when the denturist demonstrates to
27 the satisfaction of the board the following:
28 (1) Successful passage of the full scope denturist
29 examination or a comparable board-approved written and
30 practical examination.
20040S1087B1530 - 5 -
1 (2) Successful certification for cardiopulmonary
2 resuscitation equivalent to the standards of the American
3 Heart Association.
4 Section 7. Examinations.
5 (a) Authority.--The board is authorized to appoint a
6 qualified subcommittee or entity to prepare and give written and
7 clinical examinations in denturitry for the purpose of licensing
8 denturists.
9 (1) Limited scope denturist examination:
10 (i) A limited scope denturist examination shall
11 consist of a written examination concerning, but not
12 limited to, dental materials, denture technology, Centers
13 for Disease Control and Prevention guidelines, physiology
14 and head and neck anatomy, oral pathology radiology,
15 ethics and jurisprudence.
16 (ii) This paragraph shall expire one year after the
17 effective date of this act.
18 (2) Full scope examination: The full scope denturist
19 examination shall include dental radiology, partial denture
20 design, clinical partial denture evaluation and procedures,
21 related subject matter pertaining to denturitry, the practice
22 of clinical partial denture delivery and a clinical
23 examination.
24 (b) Eligibility for limited scope examination.--A person is
25 eligible to take the limited scope denturitry examination if
26 that person meets the following requirements:
27 (1) Is a high school graduate or has obtained high
28 school equivalency.
29 (2) Has completed and can demonstrate to the
30 satisfaction of the board a minimum of five years in some
20040S1087B1530 - 6 -
1 combination of training and experience in denture mechanics
2 or technology or as a denture laboratory technician or had
3 successfully earned a diploma from a two-year dental
4 laboratory educational program.
5 (3) Has completed one postsecondary course in each of
6 the following areas of study prior to June 30, 2005:
7 (i) Head and neck anatomy and physiology.
8 (ii) Oral pathology.
9 (iii) Centers for Disease Control and Prevention
10 guidelines for disinfection and sterilization.
11 (iv) Clinical removable prosthodontics.
12 (v) Temporomandibular joint disorders.
13 (vi) Principles of radiology.
14 (vii) Ethics and jurisprudence.
15 (4) Produces satisfactory documented verification of
16 having served a minimum of six months performing clinical
17 prosthetic duties under the general supervision of a licensed
18 denturist or a licensed dentist.
19 (5) Has successfully completed certification for
20 cardiopulmonary resuscitation equivalent to the standards of
21 the American Heart Association.
22 (c) Eligibility for full scope examination.--A person is
23 eligible to take the full scope denturitry examination if that
24 person meets the following requirements:
25 (1) Has done either of the following:
26 (i) Graduated and successfully earned a diploma from
27 a denturist program from a board-approved institution.
28 (ii) Satisfied the necessary requirements to receive
29 a limited scope denturist license and completed one
30 postsecondary course in each of the following areas of
20040S1087B1530 - 7 -
1 study:
2 (A) Removable partial denture design and
3 construction.
4 (B) Clinical removable partial denture design
5 treatment.
6 (C) Radiographic interpretation.
7 (D) Treatment for temporomandibular disorders.
8 (E) Dental occlusion.
9 (F) Dental implantology.
10 (2) Has successfully completed certification for
11 cardiopulmonary resuscitation equivalent to the standards of
12 the American Heart Association.
13 (d) Application for examination.--An eligible person
14 desiring to take an examination in order to become licensed as a
15 limited scope denturist or a full scope denturist shall make a
16 written application to the board to take either examination. An
17 application fee, to be determined by the board, not to exceed
18 $1,200 must accompany the application. The application fee
19 includes the fee for the initial license and is nonrefundable.
20 (e) Examination fees.--The examination fee to be determined
21 by the board may not exceed the actual cost of the examination.
22 (f) Failure to pass examination.--An applicant failing to
23 pass an examination is entitled to a reexamination upon payment
24 of the examination fee set by the board. If an applicant has
25 failed three examinations, the board may require the applicant
26 to complete additional educational requirements prior to
27 reexamination.
28 Section 7. Issuance of license.
29 (a) Authority.--The board has the authority to issue a
30 license to qualified persons to practice denturitry pursuant to
20040S1087B1530 - 8 -
1 this section.
2 (b) License issued.--The board shall issue a license for the
3 practice in this Commonwealth to each person who has passed an
4 examination under section 6. This license authorizes the
5 licensee to practice as a denturist in this Commonwealth until
6 the expiration date that appears on the license.
7 (c) Renewal.--
8 (1) After a license has been issued under subsection
9 (b), and on or before January 1 of odd-numbered years, a
10 denturist must pay to the board a license renewal fee of not
11 more than $1,200, to be determined by the board, in order to
12 renew the license and to continue to be authorized to
13 practice as a denturist in this Commonwealth or half the
14 biennial licensure fee if application is made in an even-
15 numbered year.
16 (2) After the requirements for a license renewal,
17 including any necessary continuing education, have been met,
18 a renewal card of the denturist's license must be issued,
19 which the denturist shall place beside or attach to the
20 denturist's initial license. Denturists who have not paid as
21 provided as of January 1 must be reinstated upon payment of a
22 fee, to be determined by the board, of not more than $200 if
23 paid by February 1. A license to practice is automatically
24 suspended on February 1 and may be reinstated, if approved by
25 the board, on payment of a fee, to be determined by the
26 board, of not more than $400.
27 (d) Endorsement.--The board at its discretion, without
28 examination, may issue a license to an applicant, to practice as
29 a denturist, who furnishes proof, satisfactory to the board,
30 that the denturist has been licensed to practice and has
20040S1087B1530 - 9 -
1 actively practiced for a period of five years in another state
2 or Canadian province, with full compliance with the requirements
3 of its dental laws and if the licensure requirements are, in all
4 essentials, at least equivalent to those of this Commonwealth,
5 the board may require letters of reference about the denturist.
6 Applicants for licensure by endorsement who meet the
7 requirements of this section must be interviewed in person by
8 the board, or members of the board, prior to being issued a
9 license. Every license so given must state upon its face that it
10 was granted on the basis of endorsement. The fee for the license
11 may not exceed $1,200.
12 (e) Duplicate license.--A licensee may be issued a duplicate
13 by the board for fee of $70 upon the attestation of loss of the
14 original.
15 (f) Additional prohibitions.--A denturist may not:
16 (1) falsely claim to be a dentist or allow another to
17 falsely represent the denturist as a dentist; or
18 (2) perform a task beyond the denturist's scope.
19 (g) Mental or physical examination.--Upon application for
20 and acceptance of the license, a licensed denturist is deemed to
21 have given consent to a mental or physical examination when
22 directed by the board. The board may conduct an examination
23 whenever it determines a denturist may be suffering from a
24 mental illness that may be interfering with the competent
25 practice of denturity or from the use of intoxicants or drugs to
26 the extent that they are preventing the denturist from
27 practicing denturitry competently and with safety to the
28 patients. A denturist examined under an order of the board does
29 not have doctor-patient privilege. Failure to comply with an
30 order of the board to submit to a mental or physical examination
20040S1087B1530 - 10 -
1 shall result in the immediate suspension of the denturist's
2 license until the denturist submits to the examination.
3 (h) Continuing education.--As a condition of a license
4 renewal, a denturist shall submit evidence of successful
5 completion of 36 hours of continuing education consisting of
6 board-approved courses completed within the three years
7 preceding the application for renewal. The board shall
8 proportionally reduce the continuing education hours required
9 for denturists who have been licensed for less than a three-year
10 period upon the date of renewal.
11 Section 8. Insurance payment for denturist services.
12 All insurance companies who sell insurance in this
13 Commonwealth shall pay denturists for dentures and related
14 services according to each subscriber's benefits.
15 Section 9. Persons and practices not affected.
16 (a) Dental professionals.--Nothing in this act may be
17 construed to prohibit a duly qualified dental surgeon, dental
18 laboratory or dental hygienist from performing work or services
19 performed by a denturist licensed under this act to the extent
20 those persons are authorized to perform the same services under
21 existing State law.
22 (b) Apprenticeships.--Nothing in this act may be construed
23 to prevent students of a dental college, university or school of
24 dental hygiene from practicing dental hygiene under the
25 supervision of their instructors.
26 Section 10. Effective date.
27 This act shall take effect in 60 days.
K25L63JAM/20040S1087B1530 - 11 -