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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY O'NEILL, COHEN, DAVIDSON, DENLINGER, EVERETT, GEIST, GINGRICH, HARKINS, HARPER, JOSEPHS, MANN, MILLER, SCHMOTZER, MURT AND D. COSTA, JUNE 21, 2012 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 21, 2012 |
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| AN ACT |
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1 | Amending the act of May 1, 1933 (P.L.216, No.76), entitled "An |
2 | act relating to dentistry; defining and providing for the |
3 | licensing and registration of dentists and dental hygienists, |
4 | and for the revocation and suspension of such licenses and |
5 | registrations, subject to appeal, and for their |
6 | reinstatement; defining the powers and duties of the State |
7 | Dental Council and Examining Board and the Department of |
8 | Public Instruction; providing penalties; and repealing |
9 | existing laws," further providing for definitions, for |
10 | general powers of the State Board of Dentistry, for fees, for |
11 | reason for refusal, revocation or suspension of license or |
12 | certificate, for penalties and for reporting of multiple |
13 | licensure or certification; and providing for restricted |
14 | faculty license. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. The definition of "practice of dentistry" in |
18 | section 2 of the act of May 1, 1933 (P.L.216, No.76), known as |
19 | The Dental Law, amended December 16, 1992 (P.L.1222, No.160), is |
20 | amended and the section is amended by adding a definition to |
21 | read: |
22 | Section 2. Definitions.--A person engages in the "Practice |
23 | of Dentistry," within the meaning of this act, who diagnoses, |
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1 | treats, operates on, or prescribes for any disease, pain or |
2 | injury, or regulates any deformity or physical condition, of the |
3 | human teeth, jaws, or associated structures, or conducts a |
4 | physical evaluation, or administers anesthetic agents, or uses |
5 | ionizing radiation in the course of dental practice, or who |
6 | fits, constructs, and inserts any artificial appliance, plate, |
7 | or denture for the human teeth or jaws, or who holds himself or |
8 | herself out as being able or legally authorized to do so. The |
9 | term "Practice of Dentistry" includes the practice of dentistry |
10 | under a restricted faculty license. The term "Practice of |
11 | Dentistry" does not include: |
12 | (a) The practice of any of the healing arts by duly licensed |
13 | practitioners. |
14 | (b) The extracting of teeth or relieving pain by a licensed |
15 | physician or surgeon in emergencies, or the making of |
16 | applications for such purposes. |
17 | (c) The practice of dentistry by a duly licensed |
18 | practitioner of dentistry of any other state or country, for the |
19 | limited purpose of consultation with respect to any case under |
20 | treatment in this Commonwealth, or of demonstrating before any |
21 | duly authorized dental society in this Commonwealth. |
22 | [(d) The practice of dentistry by a duly licensed |
23 | practitioner of dentistry of any other state or country for the |
24 | limited purpose of teaching, including clinical teaching, in a |
25 | dental school or advanced dental education program in the |
26 | Commonwealth approved by the board after notification to the |
27 | board and in accordance with board regulations. Appointments |
28 | shall not exceed four (4) years and may only be extended if the |
29 | practitioner receives a license from the board.] |
30 | (e) The practice of dentistry in clinical departments and |
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1 | laboratories of dental schools and their affiliated facilities |
2 | approved by the board in the Commonwealth, by bona fide students |
3 | pursuing a course of study leading to the degree of Doctor of |
4 | Dental Surgery or Doctor of Dental Medicine. |
5 | (f) The practice of dentistry in a dental clinic operated |
6 | not for profit for the duration of an internship, residency or |
7 | other graduate training program approved by the American Dental |
8 | Association Commission on Dental Accreditation or a dental |
9 | anesthesiology training program that meets the standards of an |
10 | accrediting body acceptable to the board, by persons having |
11 | acquired the preliminary and professional education required for |
12 | admission into the program, after notification to the board. |
13 | * * * |
14 | "Restricted Faculty License" means a license granted to an |
15 | individual for the limited purpose of teaching, including |
16 | clinical teaching, in a dental school or advanced dental |
17 | education program as a faculty member at an accredited dental |
18 | school in this Commonwealth. |
19 | Section 2. Section 3(j.2)(2) of the act, amended July 20, |
20 | 2007 (P.L.327, No.51), is amended and the section is amended by |
21 | adding a subsection to read: |
22 | Section 3. General Powers of the State Board of Dentistry.-- |
23 | The State Board of Dentistry (hereinafter called the board) |
24 | shall have the following powers and duties: |
25 | * * * |
26 | (c.1) To provide for and to regulate the licensing, and to |
27 | license to practice dentistry for the limited purpose of |
28 | teaching, without examination, any qualified applicant who |
29 | satisfies the requirements of section 11.11. |
30 | * * * |
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1 | (j.2) * * * |
2 | (2) The following requirements shall be satisfactorily |
3 | completed in accordance with board regulations as a precedent to |
4 | biennial renewal of a license or certification: |
5 | (i) Thirty credit hours for a person licensed to practice |
6 | dentistry, including an individual licensed to practice |
7 | dentistry under a restricted faculty license. |
8 | (ii) Twenty credit hours for a person licensed to practice |
9 | dental hygiene. For a public health dental hygiene practitioner, |
10 | five hours shall be public health-related courses. |
11 | (iii) Ten credit hours for a person certified to practice |
12 | expanded function dental assisting. |
13 | * * * |
14 | Section 3. Sections 4(a) and 4.1(a) introductory paragraph, |
15 | (3), (5), (7), (8) and (11) and (b)(3) and (6) of the act, |
16 | amended December 27, 1994 (P.L.1361, No.160), are amended to |
17 | read: |
18 | Section 4. Fees.--(a) The fee for an applicant for |
19 | examination and licensure to practice dentistry or as a dental |
20 | hygienist or certification for an expanded function dental |
21 | assistant in this Commonwealth shall be fixed by the board by |
22 | regulation. It shall be the duty of all persons now qualified |
23 | and engaged in the practice of dentistry and dental hygiene or |
24 | as a certified expanded function dental assistant, or who shall |
25 | hereafter be licensed or certified by the board, to renew |
26 | biennially with said board, and pay for each such biennial |
27 | renewal a fee which shall be fixed by the board by regulation. |
28 | The fee for an applicant for a restricted faculty license in |
29 | this Commonwealth shall be fixed by the board by regulation. |
30 | * * * |
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1 | Section 4.1. Reason for Refusal, Revocation or Suspension of |
2 | License or Certificate.--(a) The board shall have authority, by |
3 | majority action, to refuse, revoke or suspend the license of any |
4 | dentist [or], dental hygienist or restricted faculty licensee or |
5 | certificate of an expanded function dental assistant for any or |
6 | all of the following reasons: |
7 | * * * |
8 | (3) Practicing fraud or deceit in obtaining a license to |
9 | practice dentistry or dental hygiene or restricted faculty |
10 | license or certificate for expanded function dental assisting or |
11 | making a false or deceptive biennial renewal with the board. |
12 | * * * |
13 | (5) Having a license to practice dentistry or dental hygiene |
14 | or restricted faculty license or certificate for expanded |
15 | function dental assisting revoked, suspended or having other |
16 | disciplinary action imposed or consented to by the proper |
17 | licensing authority of another state, territory or country or |
18 | his application for license refused, revoked or suspended by the |
19 | proper licensing authority of another state, territory or |
20 | country. |
21 | * * * |
22 | (7) Knowingly maintaining a professional connection or |
23 | association with any person who is in violation of this act or |
24 | regulations of the board or knowingly aiding, assisting, |
25 | procuring or advising any unlicensed person to practice |
26 | dentistry, including practice outside the scope of a restricted |
27 | faculty license, or dental hygiene or uncertified person for |
28 | expanded function dental assisting contrary to this act or |
29 | regulations of the board. |
30 | (8) Engaging in unprofessional conduct. For purposes of this |
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1 | clause (8), unprofessional conduct shall include any departure |
2 | from, or failure to conform to, the standards of acceptable and |
3 | prevailing dental or dental hygiene practice, practice under a |
4 | restricted faculty license and standard of care for expanded |
5 | function dental assistants in which proceeding actual injury to |
6 | the patient need not be established. |
7 | * * * |
8 | (11) Being unable to practice dentistry or as a dental |
9 | hygienist, as a restricted faculty licensee or as an expanded |
10 | function dental assistant with reasonable skill and safety to |
11 | patients by reason of illness, drunkenness, excessive use of |
12 | controlled substances, chemicals or any other type of material, |
13 | or as the result of any mental or physical condition. In |
14 | enforcing this clause (11), the board shall, upon probable |
15 | cause, have authority to compel a dentist, dental hygienist, |
16 | restricted faculty licensee or expanded function dental |
17 | assistant to submit to a mental or physical examination by |
18 | physicians designated by the board. Failure of a dentist, dental |
19 | hygienist, restricted faculty licensee or expanded function |
20 | dental assistant to submit to such examination when directed by |
21 | the board, unless such failure is due to circumstances beyond |
22 | his control, shall constitute an admission of the allegations |
23 | against him, consequent upon which a default and final order may |
24 | be entered without the taking of testimony or presentation of |
25 | evidence. A dentist, dental hygienist, restricted faculty |
26 | licensee or expanded function dental assistant affected under |
27 | this clause (11) shall, at reasonable intervals, be afforded an |
28 | opportunity to demonstrate that he or she can resume a competent |
29 | practice of dentistry[,] or dental hygiene or as a restricted |
30 | faculty licensee or an expanded function dental assistant with |
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1 | reasonable skill and safety to patients. |
2 | (b) When the board finds that the license or certificate of |
3 | any person may be refused, revoked or suspended under the terms |
4 | of this section, the board may: |
5 | * * * |
6 | (3) Revoke, suspend, limit or otherwise restrict a license |
7 | or certificate as determined by the board. Unless ordered to do |
8 | so by a court, the board shall not reinstate the license of a |
9 | person to practice dentistry, [or] as a dental hygienist or as a |
10 | restricted faculty licensee or certificate of an expanded |
11 | function dental assistant, which has been revoked, and such |
12 | person shall be required to apply for a license or certificate |
13 | after a five-year period in accordance with section 3, if he or |
14 | she desires to practice at any time after such revocation. Any |
15 | person whose license or certificate has been suspended or |
16 | revoked because of a felony conviction under the act of April |
17 | 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, |
18 | Drug, Device and Cosmetic Act," or similar law of another |
19 | jurisdiction, may apply for reinstatement after a period of at |
20 | least ten (10) years has elapsed from the date of conviction. |
21 | The board may reinstate the license or certificate if the board |
22 | is satisfied that the person has made significant progress in |
23 | personal rehabilitation since the conviction such that his |
24 | reinstatement should not be expected to create a substantial |
25 | risk of harm to the health and safety of his patients or the |
26 | public or a substantial risk of further criminal violations and |
27 | if the person meets all other licensing or certifying |
28 | qualifications of this act, including the examination |
29 | requirement. |
30 | * * * |
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1 | (6) Restore or reissue, in its discretion, a license to |
2 | practice dentistry or dental hygiene or a restricted faculty |
3 | license or certificate for an expanded function dental assistant |
4 | and impose any disciplinary or corrective measures which it |
5 | might originally have imposed. |
6 | * * * |
7 | Section 4. Section 10(a), (b) and (c) of the act, amended |
8 | December 27, 1994 (P.L.1361, No.160), are amended and the |
9 | section is amended by adding a subsection to read: |
10 | Section 10. Penalties.--(a) It is unlawful for any person |
11 | to practice dentistry or as a dental hygienist, as a restricted |
12 | faculty licensee or as an expanded function dental assistant, or |
13 | to hold himself or herself out as a practitioner of or entitled |
14 | or authorized to practice dentistry or as a dental hygienist, as |
15 | a restricted faculty licensee or as an expanded function dental |
16 | assistant, or to assume any title of "dentist," "dental |
17 | surgeon," "dental hygienist," "restricted faculty licensee," |
18 | "expanded function dental assistant" or other letters or titles |
19 | in connection with his or her name which in any way represent |
20 | him or her as being engaged in the practice of dentistry or as a |
21 | dental hygienist, as a restricted faculty licensee or as an |
22 | expanded function dental assistant, or authorized so to do, |
23 | unless he or she has been duly licensed or certified, and |
24 | authorized to engage in such practice under the provisions of |
25 | this act. A person who violates this subsection commits a |
26 | misdemeanor of the third degree and shall, upon conviction, for |
27 | a first offense, be sentenced to a fine not to exceed one |
28 | thousand dollars ($1,000) or to imprisonment for not more than |
29 | six months, or both. A second offense shall be subject to a fine |
30 | not to exceed two thousand dollars ($2,000) or imprisonment for |
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1 | a term of six months to one year, or both. |
2 | (b) It is unlawful for any person to practice dentistry or |
3 | as a dental hygienist, as a restricted faculty licensee or as an |
4 | expanded function dental assistant under a name other than that |
5 | on his or her license and biennial renewal, or to practice under |
6 | the name on his or her license and biennial renewal with any |
7 | addition thereto, except a purely technical appellation such as |
8 | "Dentist," "D.D.S.," "Orthodontist" or other word or letters |
9 | pertaining strictly to the practice of dentistry, or to induce |
10 | any person to practice dentistry or as a dental hygienist, as a |
11 | restricted faculty licensee or as an expanded function dental |
12 | assistant in violation of this act. |
13 | (c) It is unlawful for any person to sell, offer to sell or |
14 | barter or exchange any diploma or document conferring or |
15 | purporting to confer any dental degree or any license or |
16 | certificate issued according to law regulating the licensing of |
17 | dentists [or], dental hygienists, restricted faculty licensees |
18 | or expanded function dental assistants, or to alter any such |
19 | document with fraudulent intent, or to use it as a license to |
20 | practice dentistry under an assumed name, or to make any false |
21 | statement in an affidavit relating to or in an application for a |
22 | license. |
23 | * * * |
24 | (g.1) It is unlawful for any restricted faculty licensee to |
25 | practice dentistry outside the primary research facilities of |
26 | the dental school in this Commonwealth at which the individual |
27 | is licensed to teach. |
28 | * * * |
29 | Section 5. Section 11.5 of the act, amended December 27, |
30 | 1994 (P.L.1361, No.160), is amended to read: |
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1 | Section 11.5. Reporting of Multiple Licensure or |
2 | Certification.--Any licensed dentist or dental hygienist, |
3 | restricted faculty licensee or certified expanded function |
4 | dental assistant of this Commonwealth who is also licensed to |
5 | practice dentistry or as a dental hygienist, as a restricted |
6 | faculty licensee or a certified expanded function dental |
7 | assistant in any other state, territory or country shall report |
8 | this information to the board on the biennial renewal |
9 | application. Any disciplinary action taken in other states, |
10 | territories or countries shall be reported to the board on the |
11 | biennial renewal application or within ninety (90) days of |
12 | disposition, whichever is sooner. Multiple licensure or |
13 | certification shall be noted by the board on the dentist's, |
14 | dental hygienist's, restricted faculty licensee's or expanded |
15 | function dental assistant's record, and such state, territory or |
16 | country shall be notified by the board of any disciplinary |
17 | actions taken against the dentist [or], dental hygienist or |
18 | restricted faculty licensee in this Commonwealth. |
19 | Section 6. The act is amended by adding a section to read: |
20 | Section 11.11. Restricted Faculty License.--(a) The board |
21 | shall grant without examination a restricted faculty license to |
22 | any qualified individual, not less than twenty-one years of age, |
23 | of good moral character, not addicted to the use of intoxicating |
24 | liquor or narcotic drugs, who satisfies the following criteria: |
25 | (1) Is licensed to practice dentistry by the proper |
26 | licensing authority of another state, country or territory in |
27 | which the standards for practicing and teaching are in |
28 | accordance with, and approved by, the Commission on Dental |
29 | Accreditation of the American Dental Association. |
30 | (2) Is not licensed to practice dentistry in this |
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1 | Commonwealth. |
2 | (3) Has successfully completed a specialty dentistry |
3 | program, or advanced dental training in a clinical field, that |
4 | is approved by the Commission on Dental Accreditation of the |
5 | American Dental Association. |
6 | (4) Holds an appointment to the faculty of a dental school |
7 | in this Commonwealth that is approved by the Commission on |
8 | Dental Accreditation of the American Dental Association to teach |
9 | dentistry. |
10 | (5) Has not failed an examination for a license to practice |
11 | dentistry in this Commonwealth. |
12 | (6) Has met educational requirements as set by the board. |
13 | (7) Submits a completed application, including supporting |
14 | documents the board deems necessary and the prescribed fee. |
15 | (b) A restricted faculty license shall entitle the licensee |
16 | to engage in direct clinical teaching, which shall include |
17 | practicing clinical care for the purpose of instructing and |
18 | teaching students and residents, and supervision of care |
19 | provided by students and residents, in no more than one area of |
20 | specialty, only within the educational facilities of a dental |
21 | school in this Commonwealth that is approved by the Commission |
22 | on Dental Accreditation of the American Dental Association. |
23 | Licensees shall be limited to the primary research facilities |
24 | within the dental school, and may not engage in clinical |
25 | teaching at satellite or other off-campus sites, such as |
26 | clinics. The practice of dentistry at any satellite or off- |
27 | campus site requires an unrestricted license to practice |
28 | dentistry issued by the board. |
29 | (c) A restricted faculty licensee may receive additional |
30 | compensation, to be paid by the dental school, for clinical care |
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1 | provided in accordance with subsection (b). |
2 | (d) A restricted faculty license may be renewed on a |
3 | biennial basis. Conditions of renewal, including continuing |
4 | education, shall be set by the board by regulation. |
5 | Section 7. This act shall take effect in 60 days. |
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