THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, M. WHITE, RAFFERTY, FONTANA, EICHELBERGER, ALLOWAY, FERLO, WASHINGTON AND FARNESE, FEBRUARY 7, 2011

SENATOR D. WHITE, BANKING AND INSURANCE, AS AMENDED, JUNE 7, 2011   

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," adding definitions; and providing for

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professional liability insurance. 

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of May 1, 1933 (P.L.216, No.76), known as

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The Dental Law, is amended by adding a section to read:

Section 3.2.  Professional Liability Insurance.--(a)  A

person licensed to engage in the practice of dentistry shall:

(1)  purchase medical professional liability insurance in the

minimum amount of $1,000,000 per occurrence or claim and

$3,000,000 per annual aggregate; or

(2)  provide self-insurance.

Section 1.  Section 2 of the act of May 1, 1933 (P.L.216,

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No.76), known as The Dental Law, is amended by adding

definitions to read:

Section 2.  Definitions.--* * *

"Community-based Clinic" means an organized clinic offering

primary health services to low-income individuals or to

residents in medically underserved areas or health professional

shortage areas. The term includes a State health center,

nonprofit community-based clinic and a federally qualified

health center.

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"Volunteer License" means a license issued to qualified

individuals who retire from active practice and seek to provide

professional services as a volunteer in community-based clinics

without remuneration.

Section 2.  The act is amended by adding a section to read:

Section 3.2.  Professional Liability Insurance.--(a)  A

person licensed and practicing dentistry shall maintain medical

professional liability insurance in the minimum amount of one

million dollars ($1,000,000) per occurrence or claim and three

million dollars ($3,000,000) per annual aggregate. Acceptable

coverage shall include:

(1)  personally purchased liability insurance;

(2)  self-insurance;

(3)  liability insurance coverage provided by the dentist's

employer; or

(4)  liability insurance coverage provided by the community-

based clinic for dentists with a volunteer license.

(b)  An applicant for licensure or license renewal shall

provide proof of professional liability insurance to the State

Board of Dentistry in accordance with subsection (a) within

sixty (60) days of the policy being issued.

(c)  If an applicant for licensure or license renewal fails

to submit proof of insurance or self-insurance required under

subsection (a), the applicant's license shall be refused,

revoked or suspended by the board.

Section 2 3.  This act shall take effect in 60 days.

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