Bill Text: PA HB2684 | 2009-2010 | Regular Session | Introduced

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Bill Title: 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 licensing of graduates of foreign dental schools, for employees and assistants, for penalties and for reporting of multiple licensure or certification.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2010-09-02 - Referred to PROFESSIONAL LICENSURE [HB2684 Detail]

Download: Pennsylvania-2009-HB2684-Introduced.html

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PRINTER'S NO. 4177
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2684 Session of2010
INTRODUCED BY PAYTON, CALTAGIRONE, HARKINS, HENNESSEY, MILNE AND SIPTROTH, SEPTEMBER 2, 2010
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, SEPTEMBER 2, 2010
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 licensing of graduates of foreign dental
schools, for employees and assistants, for penalties and for
reporting of multiple licensure or certification.
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 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" 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]
application to the board for a restricted license 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
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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.
* * *
Section 2. Section 3(j.2) and (m) of the act, amended
December 27, 1994 (P.L.1361, No.160) and July 20, 2007 (P.L.327,
No.51), are 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:
* * *
(d.2) (1) To grant without examination a restricted license
to teach dentistry at a dental school in this Commonwealth to
any duly qualified person, not less than twenty-one (21) years
of age, of good moral character, not addicted to the use of
intoxicating liquor or narcotic drugs, who:
(i) is foreign trained and successfully completed a
specialty dentistry program approved by the American Dental
Association's Commission on Dental Accreditation, and:
(A) holds an appointment to the faculty of a dental school
in this Commonwealth to teach dentistry;
(B) is not licensed to practice dentistry in this
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Commonwealth;
(C) is licensed to practice dentistry by the proper
licensing authority of another state, country or territory;
(D) has not failed an examination for a license to practice
dentistry in this Commonwealth;
(E) has met educational requirements as set by the board by
regulations; and
(F) submits a completed application, the supporting
documents the board deems necessary to determine his
qualifications and the prescribed fee; and
(ii) is foreign trained and has not completed a specialty
dentistry program approved by the American Dental Association's
Commission on Dental Accreditation, and:
(A) holds an appointment to the faculty of a dental school
in this Commonwealth to teach dentistry;
(B) is not licensed to practice dentistry in this
Commonwealth;
(C) is licensed to practice dentistry by the proper
licensing authority of another state, country or territory;
(D) has not failed an examination for a license to practice
dentistry in this Commonwealth; and
(E) submits a completed application, the supporting
documents the board deems necessary to determine his
qualifications and the prescribed fee.
(2) A restricted license shall entitle the licensee to
perform all operations that a person licensed to practice
dentistry may perform but only for the purpose of teaching.
(3) A restricted license granted under paragraph (1)(i)
shall be renewed biennially. Conditions of renewal, including
continuing education, shall be set by the board by regulations.
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(4) A restricted license granted pursuant to paragraph (1)
(ii) shall be renewed biennially for a maximum of six (6) years
of licensure. Conditions of renewal shall be set by the board by
regulation.
* * *
(j.2) (1) To adopt, promulgate and enforce rules and
regulations establishing requirements for continuing dental
education to be met by persons licensed or certified under this
act. The board shall approve sponsors of continuing education
courses within one year of the effective date of regulations
adopted to enforce this subsection. No credit may be given for
courses in office management or practice building. The board may
waive all or part of the continuing education requirement to a
licensee who shows to the satisfaction of the board that he or
she was unable to complete the requirement due to illness,
emergency or hardship.
(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 or licensed as a teacher of dentistry under paragraph
(1)(i).
(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.
(3) For the purposes of this subsection, one credit hour
shall be defined as one clock hour of instruction.
* * *
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(m) To administer and enforce the laws of the Commonwealth
relating to the practice of dentistry and dental hygienists and
teachers of dentistry and certified expanded function dental
assistants, and to instruct and require its agents to bring
prosecutions for unauthorized and unlawful practices.
* * *
Section 3. Sections 4(a) and 4.1 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. The fee for licensure as a teacher of dentistry 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.
* * *
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 teacher of dentistry or
certificate of an expanded function dental assistant for any or
all of the following reasons:
(1) Failing to demonstrate the qualifications or standards
for a license contained in this act or regulations of the board.
(2) Making misleading, deceptive, untrue or fraudulent
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representations.
(3) Practicing fraud or deceit in obtaining a license to
practice dentistry [or], dental hygiene or as a teacher of
dentistry or certificate for expanded function dental assisting
or making a false or deceptive biennial renewal with the board.
(4) Having been found guilty of a crime or misdemeanor
involving moral turpitude or having been found guilty of a
felony in violation of the laws of this Commonwealth or any
other state, territory or country. For purposes of this clause
(4), the phrase "having been found guilty" shall include a
finding or verdict of guilt, an admission of guilt or a plea of
nolo contendere.
(5) Having a license to practice dentistry [or], dental
hygiene or as a teacher of dentistry 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.
(6) Violating any of the provisions of this act or of a
lawful regulation promulgated by the board or violating a lawful
order of the board previously entered by the board in a
disciplinary proceeding.
(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 [or], dental hygiene or as a teacher of dentistry or
uncertified person for expanded function dental assisting
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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 of
teaching dentistry and standard of care for expanded function
dental assistants in which proceeding actual injury to the
patient need not be established.
(9) Committing an act of gross negligence, malpractice or
incompetence or repeated acts of negligence, malpractice or
incompetence.
(10) Engaging in false, misleading or deceptive advertising.
(11) Being unable to practice dentistry or as a dental
hygienist or as a teacher of dentistry 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,
teacher of dentistry 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,
teacher of dentistry 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, teacher of dentistry or expanded
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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, dental hygiene or as a teacher of dentistry or as 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:
(1) Deny the application for license or certificate.
(2) Administer a public reprimand.
(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
teacher of dentistry 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
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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.
(4) Require a licensee or certified expanded function dental
assistant to submit to the care, counseling or treatment of a
physician or psychologist designated by the board.
(5) Require that a licensee or certified expanded function
dental assistant successfully complete a course of educational
training and testing as directed by the board.
(6) Restore or reissue, in its discretion, a license to
practice dentistry or dental hygiene or teaching of dentistry or
certificate for an expanded function dental assistant and impose
any disciplinary or corrective measures which it might
originally have imposed.
(7) Suspend enforcement of its findings thereof and place a
licensee or certified expanded function dental assistant on
probation with the right to vacate the probationary order for
noncompliance.
(8) Order any person found to have violated any provision of
this act or the regulations governing the practice of dentistry
to restore to any patient aggrieved by an unlawful act or
practice, any moneys or property, real or personal, acquired by
means of such act or practice, provided the board shall not
order restitution in a dollar amount greater than those moneys
received by the licensee or his agent.
(c) All actions of the board shall be taken subject to the
right of notice, hearing and adjudication and the right of
appeal therefrom in accordance with Title 2 of the Pennsylvania
Consolidated Statutes (relating to administrative law and
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procedure).
(d) The board shall temporarily suspend a license or
certificate under circumstances as determined by the board to be
an immediate and clear danger to the public health or safety.
The board shall issue an order to that effect without a hearing,
but upon due notice, to the licensee or certified expanded
function dental assistant concerned at his last known address,
which shall include a written statement of all allegations
against the licensee or certified expanded function dental
assistant. The provisions of subsection (c) shall not apply to
temporary suspension. The board shall thereupon commence formal
action to suspend, revoke or restrict the license or certificate
of the person concerned as otherwise provided for in this act.
All actions shall be taken promptly and without delay. Within
thirty days following the issuance of an order temporarily
suspending a license or certificate, the board shall conduct, or
cause to be conducted, a preliminary hearing to determine that
there is a prima facie case supporting the suspension. The
person whose license or certificate has been temporarily
suspended may be present at the preliminary hearing and may be
represented by counsel, cross-examine witnesses, inspect
physical evidence, call witnesses, offer evidence and testimony
and make a record of the proceedings. If it is determined that
there is not a prima facie case, the suspended license or
certificate shall be immediately restored. The temporary
suspension shall remain in effect until vacated by the board,
but in no event longer than one hundred eighty days.
(e) The board shall require a person whose license or
certificate has been suspended or revoked to return the license
or certificate in such manner as the board directs. Failure to
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do so shall be a misdemeanor of the third degree.
Section 4. Section 6.2 of the act, added December 20, 1985
(P.L.513, No.118), is repealed:
[Section 6.2. Licensing of Graduates of Foreign Dental
Schools.--(a) An Advisory Committee to serve one six-month term
from the effective date of this section, appointed by the board,
consisting of three faculty members from dental schools
accredited in this Commonwealth, shall be charged with the
responsibility of consulting with the aforesaid schools in order
to develop programs and standards for graduates of foreign
dental schools to qualify for licensure. The committee shall
make recommendations and report to the board. The board shall
report to the House Professional Licensure Committee and the
Senate Committee on Consumer Protection and Professional
Licensure, within six months of the effective date of this act,
on the status and progress of this Advisory Committee.
Thereafter, the board shall annually report to the House
Professional Licensure Committee and the Senate Committee on
Consumer Protection and Professional Licensure on programs and
standards for graduates of foreign dental schools. The Advisory
Committee members shall be compensated at the rate of sixty
dollars ($60) per diem when actually attending to the work of
the board and shall also receive the amount of reasonable
traveling, hotel and other necessary expenses incurred in the
performance of their duties in accordance with Commonwealth
regulations.
(b) It is the intent of the General Assembly that the
provisions of this section be construed liberally in order to
ensure the establishment of viable and accessible programs
through which graduates of foreign dental schools may obtain
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such further preclinical and clinical training as shall lead to
the awarding of the D.M.D. or D.D.S. degree at accredited dental
schools in this Commonwealth in order to qualify for licensure
under the provisions of this act.]
Section 5. Section 9 of the act is repealed:
[Section 9. Employes and Assistants.--The Department of
Public Instruction shall assign to the board such clerks,
stenographers, assistants, and investigators as may be deemed
necessary to carry out and enforce the provisions of this act.]
Section 6. Sections 10 and 11.5 of the act, amended December
27, 1991 (P.L.1361, No.160), are amended to read:
Section 10. Penalties.--(a) It is unlawful for any person
to practice dentistry or as a dental hygienist or as a teacher
of dentistry 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 or as
a teacher of dentistry or as an expanded function dental
assistant, or to assume any title of "dentist," "dental
surgeon," "dental hygienist," "teacher of dentistry," "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 or as a teacher of dentistry 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
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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 or as a teacher of dentistry 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 or as
a teacher of dentistry 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 or teachers of dentistry 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.
(d) It is unlawful for any person to practice dentistry or
as a dental hygienist or as an expanded function dental
assistant unless his or her license or certificate and biennial
renewal certificate are displayed in the office in which he or
she is practicing dentistry or as a dental hygienist or as an
expanded function dental assistant.
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(e) It is unlawful for a person practicing dentistry to
employ a person as a dental hygienist unless such person is
licensed as a dental hygienist as required by this act and the
rules and regulations of the board or to employ a person as an
expanded function dental assistant unless such person is
certified as an expanded function dental assistant as required
by this act and the rules and regulations of the board.
(f) It is unlawful for any dentist to permit any dental
hygienist operating under his general supervision to perform any
operation other than those included within practice as a "Dental
Hygienist," as defined by section two of this act. It is
unlawful for any dentist to permit any expanded function dental
assistant operating under his or her direct supervision to
perform any procedures other than those included within the
definition of "Expanded Function Dental Assistant."
(g) It is unlawful for any dental hygienist to perform any
of the operations included in practice as a "Dental Hygienist,"
as defined by section two of this act, except under the general
supervision of a licensed dentist. It is unlawful for any
expanded function dental assistant to perform any procedure
within the definition of "Expanded Function Dental Assistant"
which requires certification under this act unless such
procedure is performed under the direct supervision of a
licensed dentist.
(g.1) It is unlawful for any teacher of dentistry to perform
any operations that a person licensed to practice dentistry may
perform outside the dental school at which the teacher of
dentistry is licensed to teach. It is unlawful for a teacher of
dentistry to practice dentistry intramurally or privately or
receive a fee for his services.
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(h) Any person violating any of the provisions of this
section other than subsection (a), or any other provisions of
this act except as provided in subsection (a), shall be guilty
of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding five hundred dollars, or
to suffer imprisonment not exceeding six months, or both, in the
discretion of the court.
Section 11.5. Reporting of Multiple Licensure or
Certification.--Any licensed dentist [or], dental hygienist or
teacher of dentistry or certified expanded function dental
assistant of this Commonwealth who is also licensed to practice
dentistry or as a dental hygienist 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, teacher of dentistry'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 in this Commonwealth.
Section 7. This act shall take effect in 60 days.
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