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

1of Dentistry," within the meaning of this act, who diagnoses,
2treats, operates on, or prescribes for any disease, pain or
3injury, or regulates any deformity or physical condition, of the
4human teeth, jaws, or associated structures, or conducts a
5physical evaluation, or administers anesthetic agents, or uses
6ionizing radiation in the course of dental practice, or who
7fits, constructs, and inserts any artificial appliance, plate,
8or denture for the human teeth or jaws, or who holds himself or
9herself out as being able or legally authorized to do so. The 
10term "Practice of Dentistry" includes the practice of dentistry 
11under a restricted faculty license. The term "Practice of
12Dentistry" does not include:

13(a) The practice of any of the healing arts by duly licensed
14practitioners.

15(b) The extracting of teeth or relieving pain by a licensed
16physician or surgeon in emergencies, or the making of
17applications for such purposes.

18(c) The practice of dentistry by a duly licensed
19practitioner of dentistry of any other state or country, for the
20limited purpose of consultation with respect to any case under
21treatment in this Commonwealth, or of demonstrating before any
22duly authorized dental society in this Commonwealth.

23[(d) The practice of dentistry by a duly licensed
24practitioner of dentistry of any other state or country for the
25limited purpose of teaching, including clinical teaching, in a
26dental school or advanced dental education program in the
27Commonwealth approved by the board after notification to the
28board and in accordance with board regulations. Appointments
29shall not exceed four (4) years and may only be extended if the
30practitioner receives a license from the board.]

1(e) The practice of dentistry in clinical departments and
2laboratories of dental schools and their affiliated facilities
3approved by the board in the Commonwealth, by bona fide students
4pursuing a course of study leading to the degree of Doctor of
5Dental Surgery or Doctor of Dental Medicine.

6(f) The practice of dentistry in a dental clinic operated
7not for profit for the duration of an internship, residency or
8other graduate training program approved by the American Dental
9Association Commission on Dental Accreditation or a dental
10anesthesiology training program that meets the standards of an
11accrediting body acceptable to the board, by persons having
12acquired the preliminary and professional education required for
13admission into the program, after notification to the board.

14* * *

15"Restricted Faculty License" means a license granted to an
16individual for the limited purpose of teaching, including
17clinical teaching, in a dental school or advanced dental
18education program as a faculty member at an accredited dental
19school in this Commonwealth.

20* * *

21Section 2. Section 3(j.2)(2) of the act, amended July 20,
222007 (P.L.327, No.51), is amended and the section is amended by
23adding a subsection to read:

24Section 3. General Powers of the State Board of Dentistry.--
25The State Board of Dentistry (hereinafter called the board)
26shall have the following powers and duties:

27* * *

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

1satisfies the requirements of section 11.11.

2* * *

3(j.2) * * *

4(2) The following requirements shall be satisfactorily
5completed in accordance with board regulations as a precedent to
6biennial renewal of a license or certification:

7(i) Thirty credit hours for a person licensed to practice
8dentistry, including an individual licensed to practice 
9dentistry under a restricted faculty license.

10(ii) Twenty credit hours for a person licensed to practice
11dental hygiene. For a public health dental hygiene practitioner,
12five hours shall be public health-related courses.

13(iii) Ten credit hours for a person certified to practice
14expanded function dental assisting.

15* * *

16Section 3. <-Sections 4(a) and Section 4.1(a) introductory
17paragraph, (3), (5), (7), (8) and (11) and (b)(3) and (6) of the
18act, amended December 27, 1994 (P.L.1361, No.160), are amended
19to read:

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

1this Commonwealth shall be fixed by the board by regulation.

2* * *

3Section 4.1. Reason for Refusal, Revocation or Suspension of
4License or Certificate.--(a) The board shall have authority, by
5majority action, to refuse, revoke or suspend the license of any
6dentist [or], dental hygienist or restricted faculty licensee or
7certificate of an expanded function dental assistant for any or
8all of the following reasons:

9* * *

10(3) Practicing fraud or deceit in obtaining a license to
11practice dentistry or dental hygiene or restricted faculty 
12license or certificate for expanded function dental assisting or
13making a false or deceptive biennial renewal with the board.

14* * *

15(5) Having a license to practice dentistry or dental hygiene
16or restricted faculty license or certificate for expanded
17function dental assisting revoked, suspended or having other
18disciplinary action imposed or consented to by the proper
19licensing authority of another state, territory or country or
20his application for license refused, revoked or suspended by the
21proper licensing authority of another state, territory or
22country.

23* * *

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

1regulations of the board.

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

9* * *

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

1practice of dentistry[,] or dental hygiene or as a restricted 
2faculty licensee or an expanded function dental assistant with
3reasonable skill and safety to patients.

4(b) When the board finds that the license or certificate of
5any person may be refused, revoked or suspended under the terms
6of this section, the board may:

7* * *

8(3) Revoke, suspend, limit or otherwise restrict a license
9or certificate as determined by the board. Unless ordered to do
10so by a court, the board shall not reinstate the license of a
11person to practice dentistry, [or] as a dental hygienist or as a 
12restricted faculty licensee or certificate of an expanded
13function dental assistant, which has been revoked, and such
14person shall be required to apply for a license or certificate
15after a five-year period in accordance with section 3, if he or
16she desires to practice at any time after such revocation. Any
17person whose license or certificate has been suspended or
18revoked because of a felony conviction under the act of April
1914, 1972 (P.L.233, No.64), known as "The Controlled Substance,
20Drug, Device and Cosmetic Act," or similar law of another
21jurisdiction, may apply for reinstatement after a period of at
22least ten (10) years has elapsed from the date of conviction.
23The board may reinstate the license or certificate if the board
24is satisfied that the person has made significant progress in
25personal rehabilitation since the conviction such that his
26reinstatement should not be expected to create a substantial
27risk of harm to the health and safety of his patients or the
28public or a substantial risk of further criminal violations and
29if the person meets all other licensing or certifying
30qualifications of this act, including the examination

1requirement.

2* * *

3(6) Restore or reissue, in its discretion, a license to
4practice dentistry or dental hygiene or a restricted faculty 
5license or certificate for an expanded function dental assistant
6and impose any disciplinary or corrective measures which it
7might originally have imposed.

8* * *

9Section 4. Section 10(a), (b) and (c) of the act, amended
10December 27, 1994 (P.L.1361, No.160), are amended and the
11section is amended by adding a subsection to read:

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

1six months, or both. A second offense shall be subject to a fine
2not to exceed two thousand dollars ($2,000) or imprisonment for
3a term of six months to one year, or both.

4(b) It is unlawful for any person to practice dentistry or
5as a dental hygienist, as a restricted faculty licensee or as an
6expanded function dental assistant under a name other than that
7on his or her license and biennial renewal, or to practice under
8the name on his or her license and biennial renewal with any
9addition thereto, except a purely technical appellation such as
10"Dentist," "D.D.S.," "Orthodontist" or other word or letters
11pertaining strictly to the practice of dentistry, or to induce
12any person to practice dentistry or as a dental hygienist, as a 
13restricted faculty licensee or as an expanded function dental
14assistant in violation of this act.

15(c) It is unlawful for any person to sell, offer to sell or
16barter or exchange any diploma or document conferring or
17purporting to confer any dental degree or any license or
18certificate issued according to law regulating the licensing of
19dentists [or], dental hygienists, restricted faculty licensees
20or expanded function dental assistants, or to alter any such
21document with fraudulent intent, or to use it as a license to
22practice dentistry under an assumed name, or to make any false
23statement in an affidavit relating to or in an application for a
24license.

25* * *

26(g.1) It is unlawful for any restricted faculty licensee to 
27practice dentistry outside the primary facilities of the dental 
28school in this Commonwealth at which the individual is licensed 
29to teach.

30* * *

1Section 5. Section 11.5 of the act, amended December 27, 
21994 (P.L.1361, No.160), is amended to read:

3Section 11.5. Reporting of Multiple Licensure or
4Certification.--Any licensed dentist or dental hygienist, 
5restricted faculty licensee or certified expanded function
6dental assistant of this Commonwealth who is also licensed to
7practice dentistry or as a dental hygienist, as a restricted 
8faculty licensee or a certified expanded function dental
9assistant in any other state, territory or country shall report
10this information to the board on the biennial renewal
11application. Any disciplinary action taken in other states,
12territories or countries shall be reported to the board on the
13biennial renewal application or within ninety (90) days of
14disposition, whichever is sooner. Multiple licensure or
15certification shall be noted by the board on the dentist's,
16dental hygienist's, restricted faculty licensee's or expanded
17function dental assistant's record, and such state, territory or
18country shall be notified by the board of any disciplinary
19actions taken against the dentist [or], dental hygienist or
20restricted faculty licensee in this Commonwealth.

21Section 6. The act is amended by adding a section to read:

22Section 11.11. Restricted Faculty License.--(a) The board
23shall grant without examination a restricted faculty license to
24any qualified individual, not less than <-twenty-one twenty-five
25years of age, of good moral character, not addicted to the use
26of intoxicating liquor or narcotic drugs, who satisfies the
27following criteria:

28(1) Is licensed to practice <-or teach dentistry by the proper 
29licensing authority of another state, country or <-United States 
30territory.

1(2) Is not licensed to practice dentistry in this
2Commonwealth.

3(3) Has successfully completed a specialty dentistry
4program, or advanced dental training in a clinical field, that
5is approved by the Commission on Dental Accreditation of the
6American Dental Association.

7(4) Holds an appointment to the faculty of a dental school
8in this Commonwealth that is approved by the Commission on
9Dental Accreditation of the American Dental Association to teach
10dentistry.

11(5) Has not failed an examination for a license to practice
12dentistry in this Commonwealth.

13(6) Has met educational requirements as set by the board.

<-14(7) Submits a completed application, including supporting
15documents the board deems necessary and the prescribed fee.

<-16(7) Submits a completed application and an application fee
17in the same amount as the fee prescribed by the board for
18licensure to practice dentistry.

19(b) A restricted faculty license shall entitle the licensee
20to engage in direct clinical teaching, which shall include
21practicing clinical care for the purpose of instructing and
22teaching students and residents, and supervision of care
23provided by students and residents, in no more than one area of
24specialty, only within the educational facilities of a dental
25school in this Commonwealth that is approved by the Commission
26on Dental Accreditation of the American Dental Association.
27Licensees shall be limited to the primary facilities within the
28dental school, and may not engage in clinical teaching at
29satellite or other off-campus sites, such as clinics. The
30practice of dentistry at any satellite or off-campus site

1requires an unrestricted license to practice dentistry issued by
2the board.

3(c) A restricted faculty licensee may receive additional
4compensation, to be paid by the dental school, for clinical care
5provided in accordance with subsection (b).

6(d) A restricted faculty license may be renewed on a
7biennial basis<-. Conditions of renewal, including continuing
8education, shall be set by the board by regulation.,<- upon
9completion of thirty hours of continuing education and the
10payment of a biennial renewal fee in the same amount as the fee
11prescribed by the board for renewal of licensure to practice
12dentistry.

13(e) A restricted faculty licensee shall comply with the
14requirements for insurance as provided for in this act.

15Section 7. This act shall take effect in 60 days.