THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY O'NEILL, COHEN, DAVIDSON, DENLINGER, EVERETT, GEIST, GINGRICH, HARKINS, HARPER, JOSEPHS, MANN, MILLER, SCHMOTZER, MURT, D. COSTA, GILLESPIE, WATERS, WILLIAMS AND KORTZ, JUNE 21, 2012

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 3,2012   

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," further providing for definitions, for

general powers of the State Board of Dentistry, for fees, for

reason for refusal, revocation or suspension of license or

certificate, for penalties and for reporting of multiple

licensure or certification; and providing for restricted

faculty license.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "practice of dentistry" in

section 2 of the act of May 1, 1933 (P.L.216, No.76), known as

The Dental Law, amended December 16, 1992 (P.L.1222, No.160), is

amended and the section is amended by adding a definition to

read:

Section 2.  Definitions.--A person engages in the "Practice

of Dentistry," within the meaning of this act, who diagnoses,

treats, operates on, or prescribes for any disease, pain or

injury, or regulates any deformity or physical condition, of the

human teeth, jaws, or associated structures, or conducts a

physical evaluation, or administers anesthetic agents, or uses

ionizing radiation in the course of dental practice, or who

fits, constructs, and inserts any artificial appliance, plate,

or denture for the human teeth or jaws, or who holds himself or

herself out as being able or legally authorized to do so. The

term "Practice of Dentistry" includes the practice of dentistry

under a restricted faculty license. The term "Practice of

Dentistry" does not include:

(a)  The practice of any of the healing arts by duly licensed

practitioners.

(b)  The extracting of teeth or relieving pain by a licensed

physician or surgeon in emergencies, or the making of

applications for such purposes.

(c)  The practice of dentistry by a duly licensed

practitioner of dentistry of any other state or country, for the

limited purpose of consultation with respect to any case under

treatment in this Commonwealth, or of demonstrating before any

duly authorized dental society in this Commonwealth.

[(d)  The practice of dentistry by a duly licensed

practitioner of dentistry of any other state or country for the

limited purpose of teaching, including clinical teaching, in a

dental school or advanced dental education program in the

Commonwealth approved by the board after notification to the

board and in accordance with board regulations. Appointments

shall not exceed four (4) years and may only be extended if the

practitioner receives a license from the board.]

(e)  The practice of dentistry in clinical departments and

laboratories of dental schools and their affiliated facilities

approved by the board in the Commonwealth, by bona fide students

pursuing a course of study leading to the degree of Doctor of

Dental Surgery or Doctor of Dental Medicine.

(f)  The practice of dentistry in a dental clinic operated

not for profit for the duration of an internship, residency or

other graduate training program approved by the American Dental

Association Commission on Dental Accreditation or a dental

anesthesiology training program that meets the standards of an

accrediting body acceptable to the board, by persons having

acquired the preliminary and professional education required for

admission into the program, after notification to the board.

* * *

"Restricted Faculty License" means a license granted to an

individual for the limited purpose of teaching, including

clinical teaching, in a dental school or advanced dental

education program as a faculty member at an accredited dental

school in this Commonwealth.

Section 2.  Section 3(j.2)(2) of the act, amended July 20,

2007 (P.L.327, No.51), is amended and the section is amended by

adding a subsection to read:

Section 3.  General Powers of the State Board of Dentistry.--

The State Board of Dentistry (hereinafter called the board)

shall have the following powers and duties:

* * *

(c.1)  To provide for and to regulate the licensing, and to

license to practice dentistry for the limited purpose of

teaching, without examination, any qualified applicant who

satisfies the requirements of section 11.11.

* * *

(j.2)   * * *

(2)  The following requirements shall be satisfactorily

completed in accordance with board regulations as a precedent to

biennial renewal of a license or certification:

(i)  Thirty credit hours for a person licensed to practice

dentistry, including an individual licensed to practice

dentistry under a restricted faculty license.

(ii)  Twenty credit hours for a person licensed to practice

dental hygiene. For a public health dental hygiene practitioner,

five hours shall be public health-related courses.

(iii)  Ten credit hours for a person certified to practice

expanded function dental assisting.

* * *

Section 3.  Sections 4(a) and 4.1(a) introductory paragraph,

(3), (5), (7), (8) and (11) and (b)(3) and (6) of the act,

amended December 27, 1994 (P.L.1361, No.160), are amended to

read:

Section 4.  Fees.--(a)  The fee for an applicant for

examination and licensure to practice dentistry or as a dental

hygienist or certification for an expanded function dental

assistant in this Commonwealth shall be fixed by the board by

regulation. It shall be the duty of all persons now qualified

and engaged in the practice of dentistry and dental hygiene or

as a certified expanded function dental assistant, or who shall

hereafter be licensed or certified by the board, to renew

biennially with said board, and pay for each such biennial

renewal a fee which shall be fixed by the board by regulation.

The fee for an applicant for a restricted faculty license in

this Commonwealth shall be fixed by the board by regulation.

* * *

Section 4.1.  Reason for Refusal, Revocation or Suspension of

License or Certificate.--(a)  The board shall have authority, by

majority action, to refuse, revoke or suspend the license of any

dentist [or], dental hygienist or restricted faculty licensee or

certificate of an expanded function dental assistant for any or

all of the following reasons:

* * *

(3)  Practicing fraud or deceit in obtaining a license to

practice dentistry or dental hygiene or restricted faculty

license or certificate for expanded function dental assisting or

making a false or deceptive biennial renewal with the board.

* * *

(5)  Having a license to practice dentistry or dental hygiene

or restricted faculty license or certificate for expanded

function dental assisting revoked, suspended or having other

disciplinary action imposed or consented to by the proper

licensing authority of another state, territory or country or

his application for license refused, revoked or suspended by the

proper licensing authority of another state, territory or

country.

* * *

(7)  Knowingly maintaining a professional connection or

association with any person who is in violation of this act or

regulations of the board or knowingly aiding, assisting,

procuring or advising any unlicensed person to practice

dentistry, including practice outside the scope of a restricted

faculty license, or dental hygiene or uncertified person for

expanded function dental assisting contrary to this act or

regulations of the board.

(8)  Engaging in unprofessional conduct. For purposes of this

clause (8), unprofessional conduct shall include any departure

from, or failure to conform to, the standards of acceptable and

prevailing dental or dental hygiene practice, practice under a  

restricted faculty license and standard of care for expanded

function dental assistants in which proceeding actual injury to

the patient need not be established.

* * *

(11)  Being unable to practice dentistry or as a dental

hygienist, as a restricted faculty licensee or as an expanded

function dental assistant with reasonable skill and safety to

patients by reason of illness, drunkenness, excessive use of

controlled substances, chemicals or any other type of material,

or as the result of any mental or physical condition. In

enforcing this clause (11), the board shall, upon probable

cause, have authority to compel a dentist, dental hygienist,

restricted faculty licensee or expanded function dental

assistant to submit to a mental or physical examination by

physicians designated by the board. Failure of a dentist, dental

hygienist, restricted faculty licensee or expanded function

dental assistant to submit to such examination when directed by

the board, unless such failure is due to circumstances beyond

his control, shall constitute an admission of the allegations

against him, consequent upon which a default and final order may

be entered without the taking of testimony or presentation of

evidence. A dentist, dental hygienist, restricted faculty

licensee or expanded function dental assistant affected under

this clause (11) shall, at reasonable intervals, be afforded an

opportunity to demonstrate that he or she can resume a competent

practice of dentistry[,] or dental hygiene or as a restricted

faculty licensee or an expanded function dental assistant with

reasonable skill and safety to patients.

(b)  When the board finds that the license or certificate of

any person may be refused, revoked or suspended under the terms

of this section, the board may:

* * *

(3)  Revoke, suspend, limit or otherwise restrict a license

or certificate as determined by the board. Unless ordered to do

so by a court, the board shall not reinstate the license of a

person to practice dentistry, [or] as a dental hygienist or as a

restricted faculty licensee or certificate of an expanded

function dental assistant, which has been revoked, and such

person shall be required to apply for a license or certificate

after a five-year period in accordance with section 3, if he or

she desires to practice at any time after such revocation. Any

person whose license or certificate has been suspended or

revoked because of a felony conviction under the act of April

14, 1972 (P.L.233, No.64), known as "The Controlled Substance,

Drug, Device and Cosmetic Act," or similar law of another

jurisdiction, may apply for reinstatement after a period of at

least ten (10) years has elapsed from the date of conviction.

The board may reinstate the license or certificate if the board

is satisfied that the person has made significant progress in

personal rehabilitation since the conviction such that his

reinstatement should not be expected to create a substantial

risk of harm to the health and safety of his patients or the

public or a substantial risk of further criminal violations and

if the person meets all other licensing or certifying

qualifications of this act, including the examination

requirement.

* * *

(6)  Restore or reissue, in its discretion, a license to

practice dentistry or dental hygiene or a restricted faculty

license or certificate for an expanded function dental assistant

and impose any disciplinary or corrective measures which it

might originally have imposed.

* * *

Section 4.  Section 10(a), (b) and (c) of the act, amended

December 27, 1994 (P.L.1361, No.160), are amended and the

section is amended by adding a subsection to read:

Section 10.  Penalties.--(a)  It is unlawful for any person

to practice dentistry or as a dental hygienist, as a restricted

faculty licensee or as an expanded function dental assistant, or

to hold himself or herself out as a practitioner of or entitled

or authorized to practice dentistry or as a dental hygienist, as

a restricted faculty licensee or as an expanded function dental

assistant, or to assume any title of "dentist," "dental

surgeon," "dental hygienist," "restricted faculty licensee,"

"expanded function dental assistant" or other letters or titles

in connection with his or her name which in any way represent

him or her as being engaged in the practice of dentistry or as a

dental hygienist, as a restricted faculty licensee or as an

expanded function dental assistant, or authorized so to do,

unless he or she has been duly licensed or certified, and

authorized to engage in such practice under the provisions of

this act. A person who violates this subsection commits a

misdemeanor of the third degree and shall, upon conviction, for

a first offense, be sentenced to a fine not to exceed one

thousand dollars ($1,000) or to imprisonment for not more than

six months, or both. A second offense shall be subject to a fine

not to exceed two thousand dollars ($2,000) or imprisonment for

a term of six months to one year, or both.

(b)  It is unlawful for any person to practice dentistry or

as a dental hygienist, as a restricted faculty licensee or as an

expanded function dental assistant under a name other than that

on his or her license and biennial renewal, or to practice under

the name on his or her license and biennial renewal with any

addition thereto, except a purely technical appellation such as

"Dentist," "D.D.S.," "Orthodontist" or other word or letters

pertaining strictly to the practice of dentistry, or to induce

any person to practice dentistry or as a dental hygienist, as a

restricted faculty licensee or as an expanded function dental

assistant in violation of this act.

(c)  It is unlawful for any person to sell, offer to sell or

barter or exchange any diploma or document conferring or

purporting to confer any dental degree or any license or

certificate issued according to law regulating the licensing of

dentists [or], dental hygienists, restricted faculty licensees 

or expanded function dental assistants, or to alter any such

document with fraudulent intent, or to use it as a license to

practice dentistry under an assumed name, or to make any false

statement in an affidavit relating to or in an application for a

license.

* * *

(g.1)  It is unlawful for any restricted faculty licensee to

practice dentistry outside the primary research facilities of

the dental school in this Commonwealth at which the individual

is licensed to teach.

* * *

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

1994 (P.L.1361, No.160), is amended to read:

Section 11.5.  Reporting of Multiple Licensure or

Certification.--Any licensed dentist or dental hygienist,

restricted faculty licensee or certified expanded function

dental assistant of this Commonwealth who is also licensed to

practice dentistry or as a dental hygienist, as a restricted

faculty licensee or a certified expanded function dental

assistant in any other state, territory or country shall report

this information to the board on the biennial renewal

application. Any disciplinary action taken in other states,

territories or countries shall be reported to the board on the

biennial renewal application or within ninety (90) days of

disposition, whichever is sooner. Multiple licensure or

certification shall be noted by the board on the dentist's,

dental hygienist's, restricted faculty licensee's or expanded

function dental assistant's record, and such state, territory or

country shall be notified by the board of any disciplinary

actions taken against the dentist [or], dental hygienist or 

restricted faculty licensee in this Commonwealth.

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

Section 11.11.  Restricted Faculty License.--(a)  The board

shall grant without examination a restricted faculty license to

any qualified individual, not less than twenty-one years of age,

of good moral character, not addicted to the use of intoxicating

liquor or narcotic drugs, who satisfies the following criteria:

(1)  Is licensed to practice dentistry by the proper

licensing authority of another state, country or territory in

<--

which the standards for practicing and teaching are in

accordance with, and approved by, the Commission on Dental

Accreditation of the American Dental Association.

(2)  Is not licensed to practice dentistry in this

Commonwealth.

(3)  Has successfully completed a specialty dentistry

program, or advanced dental training in a clinical field, that

is approved by the Commission on Dental Accreditation of the

American Dental Association.

(4)  Holds an appointment to the faculty of a dental school

in this Commonwealth that is approved by the Commission on

Dental Accreditation of the American Dental Association to teach

dentistry.

(5)  Has not failed an examination for a license to practice

dentistry in this Commonwealth.

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

(7)  Submits a completed application, including supporting

documents the board deems necessary and the prescribed fee.

(b)  A restricted faculty license shall entitle the licensee

to engage in direct clinical teaching, which shall include

practicing clinical care for the purpose of instructing and

teaching students and residents, and supervision of care

provided by students and residents, in no more than one area of

specialty, only within the educational facilities of a dental

school in this Commonwealth that is approved by the Commission

on Dental Accreditation of the American Dental Association.

Licensees shall be limited to the primary research facilities

within the dental school, and may not engage in clinical

teaching at satellite or other off-campus sites, such as

clinics. The practice of dentistry at any satellite or off-

campus site requires an unrestricted license to practice

dentistry issued by the board.

(c)  A restricted faculty licensee may receive additional

compensation, to be paid by the dental school, for clinical care

provided in accordance with subsection (b).

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

biennial basis. Conditions of renewal, including continuing

education, shall be set by the board by regulation.

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