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| PRIOR PRINTER'S NO. 3801 | PRINTER'S NO. 4184 |
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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, D. COSTA, GILLESPIE, WATERS, WILLIAMS AND KORTZ, JUNE 21, 2012 |
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| AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 3,2012 |
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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 |
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1 | of Dentistry," within the meaning of this act, who diagnoses, |
2 | treats, operates on, or prescribes for any disease, pain or |
3 | injury, or regulates any deformity or physical condition, of the |
4 | human teeth, jaws, or associated structures, or conducts a |
5 | physical evaluation, or administers anesthetic agents, or uses |
6 | ionizing radiation in the course of dental practice, or who |
7 | fits, constructs, and inserts any artificial appliance, plate, |
8 | or denture for the human teeth or jaws, or who holds himself or |
9 | herself out as being able or legally authorized to do so. The |
10 | term "Practice of Dentistry" includes the practice of dentistry |
11 | under a restricted faculty license. The term "Practice of |
12 | Dentistry" does not include: |
13 | (a) The practice of any of the healing arts by duly licensed |
14 | practitioners. |
15 | (b) The extracting of teeth or relieving pain by a licensed |
16 | physician or surgeon in emergencies, or the making of |
17 | applications for such purposes. |
18 | (c) The practice of dentistry by a duly licensed |
19 | practitioner of dentistry of any other state or country, for the |
20 | limited purpose of consultation with respect to any case under |
21 | treatment in this Commonwealth, or of demonstrating before any |
22 | duly authorized dental society in this Commonwealth. |
23 | [(d) The practice of dentistry by a duly licensed |
24 | practitioner of dentistry of any other state or country for the |
25 | limited purpose of teaching, including clinical teaching, in a |
26 | dental school or advanced dental education program in the |
27 | Commonwealth approved by the board after notification to the |
28 | board and in accordance with board regulations. Appointments |
29 | shall not exceed four (4) years and may only be extended if the |
30 | practitioner receives a license from the board.] |
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1 | (e) The practice of dentistry in clinical departments and |
2 | laboratories of dental schools and their affiliated facilities |
3 | approved by the board in the Commonwealth, by bona fide students |
4 | pursuing a course of study leading to the degree of Doctor of |
5 | Dental Surgery or Doctor of Dental Medicine. |
6 | (f) The practice of dentistry in a dental clinic operated |
7 | not for profit for the duration of an internship, residency or |
8 | other graduate training program approved by the American Dental |
9 | Association Commission on Dental Accreditation or a dental |
10 | anesthesiology training program that meets the standards of an |
11 | accrediting body acceptable to the board, by persons having |
12 | acquired the preliminary and professional education required for |
13 | admission into the program, after notification to the board. |
14 | * * * |
15 | "Restricted Faculty License" means a license granted to an |
16 | individual for the limited purpose of teaching, including |
17 | clinical teaching, in a dental school or advanced dental |
18 | education program as a faculty member at an accredited dental |
19 | school in this Commonwealth. |
20 | Section 2. Section 3(j.2)(2) of the act, amended July 20, |
21 | 2007 (P.L.327, No.51), is amended and the section is amended by |
22 | adding a subsection to read: |
23 | Section 3. General Powers of the State Board of Dentistry.-- |
24 | The State Board of Dentistry (hereinafter called the board) |
25 | shall have the following powers and duties: |
26 | * * * |
27 | (c.1) To provide for and to regulate the licensing, and to |
28 | license to practice dentistry for the limited purpose of |
29 | teaching, without examination, any qualified applicant who |
30 | satisfies the requirements of section 11.11. |
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1 | * * * |
2 | (j.2) * * * |
3 | (2) The following requirements shall be satisfactorily |
4 | completed in accordance with board regulations as a precedent to |
5 | biennial renewal of a license or certification: |
6 | (i) Thirty credit hours for a person licensed to practice |
7 | dentistry, including an individual licensed to practice |
8 | dentistry under a restricted faculty license. |
9 | (ii) Twenty credit hours for a person licensed to practice |
10 | dental hygiene. For a public health dental hygiene practitioner, |
11 | five hours shall be public health-related courses. |
12 | (iii) Ten credit hours for a person certified to practice |
13 | expanded function dental assisting. |
14 | * * * |
15 | Section 3. Sections 4(a) and 4.1(a) introductory paragraph, |
16 | (3), (5), (7), (8) and (11) and (b)(3) and (6) of the act, |
17 | amended December 27, 1994 (P.L.1361, No.160), are amended to |
18 | read: |
19 | Section 4. Fees.--(a) The fee for an applicant for |
20 | examination and licensure to practice dentistry or as a dental |
21 | hygienist or certification for an expanded function dental |
22 | assistant in this Commonwealth shall be fixed by the board by |
23 | regulation. It shall be the duty of all persons now qualified |
24 | and engaged in the practice of dentistry and dental hygiene or |
25 | as a certified expanded function dental assistant, or who shall |
26 | hereafter be licensed or certified by the board, to renew |
27 | biennially with said board, and pay for each such biennial |
28 | renewal a fee which shall be fixed by the board by regulation. |
29 | The fee for an applicant for a restricted faculty license in |
30 | this Commonwealth shall be fixed by the board by regulation. |
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1 | * * * |
2 | Section 4.1. Reason for Refusal, Revocation or Suspension of |
3 | License or Certificate.--(a) The board shall have authority, by |
4 | majority action, to refuse, revoke or suspend the license of any |
5 | dentist [or], dental hygienist or restricted faculty licensee or |
6 | certificate of an expanded function dental assistant for any or |
7 | all of the following reasons: |
8 | * * * |
9 | (3) Practicing fraud or deceit in obtaining a license to |
10 | practice dentistry or dental hygiene or restricted faculty |
11 | license or certificate for expanded function dental assisting or |
12 | making a false or deceptive biennial renewal with the board. |
13 | * * * |
14 | (5) Having a license to practice dentistry or dental hygiene |
15 | or restricted faculty license or certificate for expanded |
16 | function dental assisting revoked, suspended or having other |
17 | disciplinary action imposed or consented to by the proper |
18 | licensing authority of another state, territory or country or |
19 | his application for license refused, revoked or suspended by the |
20 | proper licensing authority of another state, territory or |
21 | country. |
22 | * * * |
23 | (7) Knowingly maintaining a professional connection or |
24 | association with any person who is in violation of this act or |
25 | regulations of the board or knowingly aiding, assisting, |
26 | procuring or advising any unlicensed person to practice |
27 | dentistry, including practice outside the scope of a restricted |
28 | faculty license, or dental hygiene or uncertified person for |
29 | expanded function dental assisting contrary to this act or |
30 | regulations of the board. |
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1 | (8) Engaging in unprofessional conduct. For purposes of this |
2 | clause (8), unprofessional conduct shall include any departure |
3 | from, or failure to conform to, the standards of acceptable and |
4 | prevailing dental or dental hygiene practice, practice under a |
5 | restricted faculty license and standard of care for expanded |
6 | function dental assistants in which proceeding actual injury to |
7 | the patient need not be established. |
8 | * * * |
9 | (11) Being unable to practice dentistry or as a dental |
10 | hygienist, as a restricted faculty licensee or as an expanded |
11 | function dental assistant with reasonable skill and safety to |
12 | patients by reason of illness, drunkenness, excessive use of |
13 | controlled substances, chemicals or any other type of material, |
14 | or as the result of any mental or physical condition. In |
15 | enforcing this clause (11), the board shall, upon probable |
16 | cause, have authority to compel a dentist, dental hygienist, |
17 | restricted faculty licensee or expanded function dental |
18 | assistant to submit to a mental or physical examination by |
19 | physicians designated by the board. Failure of a dentist, dental |
20 | hygienist, restricted faculty licensee or expanded function |
21 | dental assistant to submit to such examination when directed by |
22 | the board, unless such failure is due to circumstances beyond |
23 | his control, shall constitute an admission of the allegations |
24 | against him, consequent upon which a default and final order may |
25 | be entered without the taking of testimony or presentation of |
26 | evidence. A dentist, dental hygienist, restricted faculty |
27 | licensee or expanded function dental assistant affected under |
28 | this clause (11) shall, at reasonable intervals, be afforded an |
29 | opportunity to demonstrate that he or she can resume a competent |
30 | practice of dentistry[,] or dental hygiene or as a restricted |
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1 | faculty licensee or an expanded function dental assistant with |
2 | reasonable skill and safety to patients. |
3 | (b) When the board finds that the license or certificate of |
4 | any person may be refused, revoked or suspended under the terms |
5 | of this section, the board may: |
6 | * * * |
7 | (3) Revoke, suspend, limit or otherwise restrict a license |
8 | or certificate as determined by the board. Unless ordered to do |
9 | so by a court, the board shall not reinstate the license of a |
10 | person to practice dentistry, [or] as a dental hygienist or as a |
11 | restricted faculty licensee or certificate of an expanded |
12 | function dental assistant, which has been revoked, and such |
13 | person shall be required to apply for a license or certificate |
14 | after a five-year period in accordance with section 3, if he or |
15 | she desires to practice at any time after such revocation. Any |
16 | person whose license or certificate has been suspended or |
17 | revoked because of a felony conviction under the act of April |
18 | 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, |
19 | Drug, Device and Cosmetic Act," or similar law of another |
20 | jurisdiction, may apply for reinstatement after a period of at |
21 | least ten (10) years has elapsed from the date of conviction. |
22 | The board may reinstate the license or certificate if the board |
23 | is satisfied that the person has made significant progress in |
24 | personal rehabilitation since the conviction such that his |
25 | reinstatement should not be expected to create a substantial |
26 | risk of harm to the health and safety of his patients or the |
27 | public or a substantial risk of further criminal violations and |
28 | if the person meets all other licensing or certifying |
29 | qualifications of this act, including the examination |
30 | requirement. |
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1 | * * * |
2 | (6) Restore or reissue, in its discretion, a license to |
3 | practice dentistry or dental hygiene or a restricted faculty |
4 | license or certificate for an expanded function dental assistant |
5 | and impose any disciplinary or corrective measures which it |
6 | might originally have imposed. |
7 | * * * |
8 | Section 4. Section 10(a), (b) and (c) of the act, amended |
9 | December 27, 1994 (P.L.1361, No.160), are amended and the |
10 | section is amended by adding a subsection to read: |
11 | Section 10. Penalties.--(a) It is unlawful for any person |
12 | to practice dentistry or as a dental hygienist, as a restricted |
13 | faculty licensee or as an expanded function dental assistant, or |
14 | to hold himself or herself out as a practitioner of or entitled |
15 | or authorized to practice dentistry or as a dental hygienist, as |
16 | a restricted faculty licensee or as an expanded function dental |
17 | assistant, or to assume any title of "dentist," "dental |
18 | surgeon," "dental hygienist," "restricted faculty licensee," |
19 | "expanded function dental assistant" or other letters or titles |
20 | in connection with his or her name which in any way represent |
21 | him or her as being engaged in the practice of dentistry or as a |
22 | dental hygienist, as a restricted faculty licensee or as an |
23 | expanded function dental assistant, or authorized so to do, |
24 | unless he or she has been duly licensed or certified, and |
25 | authorized to engage in such practice under the provisions of |
26 | this act. A person who violates this subsection commits a |
27 | misdemeanor of the third degree and shall, upon conviction, for |
28 | a first offense, be sentenced to a fine not to exceed one |
29 | thousand dollars ($1,000) or to imprisonment for not more than |
30 | six months, or both. A second offense shall be subject to a fine |
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1 | not to exceed two thousand dollars ($2,000) or imprisonment for |
2 | a term of six months to one year, or both. |
3 | (b) It is unlawful for any person to practice dentistry or |
4 | as a dental hygienist, as a restricted faculty licensee or as an |
5 | expanded function dental assistant under a name other than that |
6 | on his or her license and biennial renewal, or to practice under |
7 | the name on his or her license and biennial renewal with any |
8 | addition thereto, except a purely technical appellation such as |
9 | "Dentist," "D.D.S.," "Orthodontist" or other word or letters |
10 | pertaining strictly to the practice of dentistry, or to induce |
11 | any person to practice dentistry or as a dental hygienist, as a |
12 | restricted faculty licensee or as an expanded function dental |
13 | assistant in violation of this act. |
14 | (c) It is unlawful for any person to sell, offer to sell or |
15 | barter or exchange any diploma or document conferring or |
16 | purporting to confer any dental degree or any license or |
17 | certificate issued according to law regulating the licensing of |
18 | dentists [or], dental hygienists, restricted faculty licensees |
19 | or expanded function dental assistants, or to alter any such |
20 | document with fraudulent intent, or to use it as a license to |
21 | practice dentistry under an assumed name, or to make any false |
22 | statement in an affidavit relating to or in an application for a |
23 | license. |
24 | * * * |
25 | (g.1) It is unlawful for any restricted faculty licensee to |
26 | practice dentistry outside the primary research facilities of |
27 | the dental school in this Commonwealth at which the individual |
28 | is licensed to teach. |
29 | * * * |
30 | Section 5. Section 11.5 of the act, amended December 27, |
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1 | 1994 (P.L.1361, No.160), is amended to read: |
2 | Section 11.5. Reporting of Multiple Licensure or |
3 | Certification.--Any licensed dentist or dental hygienist, |
4 | restricted faculty licensee or certified expanded function |
5 | dental assistant of this Commonwealth who is also licensed to |
6 | practice dentistry or as a dental hygienist, as a restricted |
7 | faculty licensee or a certified expanded function dental |
8 | assistant in any other state, territory or country shall report |
9 | this information to the board on the biennial renewal |
10 | application. Any disciplinary action taken in other states, |
11 | territories or countries shall be reported to the board on the |
12 | biennial renewal application or within ninety (90) days of |
13 | disposition, whichever is sooner. Multiple licensure or |
14 | certification shall be noted by the board on the dentist's, |
15 | dental hygienist's, restricted faculty licensee's or expanded |
16 | function dental assistant's record, and such state, territory or |
17 | country shall be notified by the board of any disciplinary |
18 | actions taken against the dentist [or], dental hygienist or |
19 | restricted faculty licensee in this Commonwealth. |
20 | Section 6. The act is amended by adding a section to read: |
21 | Section 11.11. Restricted Faculty License.--(a) The board |
22 | shall grant without examination a restricted faculty license to |
23 | any qualified individual, not less than twenty-one years of age, |
24 | of good moral character, not addicted to the use of intoxicating |
25 | liquor or narcotic drugs, who satisfies the following criteria: |
26 | (1) Is licensed to practice dentistry by the proper |
27 | licensing authority of another state, country or territory in | <-- |
28 | which the standards for practicing and teaching are in |
29 | accordance with, and approved by, the Commission on Dental |
30 | Accreditation of the American Dental Association. |
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1 | (2) Is not licensed to practice dentistry in this |
2 | Commonwealth. |
3 | (3) Has successfully completed a specialty dentistry |
4 | program, or advanced dental training in a clinical field, that |
5 | is approved by the Commission on Dental Accreditation of the |
6 | American Dental Association. |
7 | (4) Holds an appointment to the faculty of a dental school |
8 | in this Commonwealth that is approved by the Commission on |
9 | Dental Accreditation of the American Dental Association to teach |
10 | dentistry. |
11 | (5) Has not failed an examination for a license to practice |
12 | dentistry in this Commonwealth. |
13 | (6) Has met educational requirements as set by the board. |
14 | (7) Submits a completed application, including supporting |
15 | documents the board deems necessary and the prescribed fee. |
16 | (b) A restricted faculty license shall entitle the licensee |
17 | to engage in direct clinical teaching, which shall include |
18 | practicing clinical care for the purpose of instructing and |
19 | teaching students and residents, and supervision of care |
20 | provided by students and residents, in no more than one area of |
21 | specialty, only within the educational facilities of a dental |
22 | school in this Commonwealth that is approved by the Commission |
23 | on Dental Accreditation of the American Dental Association. |
24 | Licensees shall be limited to the primary research facilities |
25 | within the dental school, and may not engage in clinical |
26 | teaching at satellite or other off-campus sites, such as |
27 | clinics. The practice of dentistry at any satellite or off- |
28 | campus site requires an unrestricted license to practice |
29 | dentistry issued by the board. |
30 | (c) A restricted faculty licensee may receive additional |
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1 | compensation, to be paid by the dental school, for clinical care |
2 | provided in accordance with subsection (b). |
3 | (d) A restricted faculty license may be renewed on a |
4 | biennial basis. Conditions of renewal, including continuing |
5 | education, shall be set by the board by regulation. |
6 | Section 7. This act shall take effect in 60 days. |
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