Bill Text: PA HB2326 | 2009-2010 | Regular Session | Introduced

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Bill Title: Defining "certified dental assistant"; further providing for general powers of the State Board of Dentistry, for fees, for reason for refusal, revocation or suspension of license or certificate, for penalties, for civil penalties, for right of dentists to practice as dental hygienists and expanded function dental assistants, for reporting of multiple licensure or certification and for definition of "assignment of duties"; and providing for scope of practice for certified dental assistant.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2010-03-12 - Referred to PROFESSIONAL LICENSURE [HB2326 Detail]

Download: Pennsylvania-2009-HB2326-Introduced.html

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PRINTER'S NO. 3351
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2326 Session of2010
INTRODUCED BY KOTIK, FABRIZIO, BRENNAN, KORTZ, CALTAGIRONE, FREEMAN, HALUSKA, JOSEPHS, MURT, SIPTROTH AND STABACK, MARCH 12, 2010
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 12, 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," defining "certified dental assistant";
further providing for general powers of the State Board of
Dentistry, for fees, for reason for refusal, revocation or
suspension of license or certificate, for penalties, for
civil penalties, for right of dentists to practice as dental
hygienists and expanded function dental assistants, for
reporting of multiple licensure or certification and for
definition of "assignment of duties"; and providing for scope
of practice for certified dental assistant.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of May 1, 1933 (P.L.216,
No.76), known as The Dental Law, 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" does not include:
* * *
"Certified dental assistant" means an individual who meets
all of the qualifications set forth in section 11.11 and is
certified by the State Board of Dentistry.
* * *
Section 2. Section 3(a), (b), (g) and (m) 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 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:
(a) To establish and alter, from time to time, the standards
of preliminary and professional education and the training
required for licensure to practice dentistry and as dental
hygienists and certification for expanded function dental
assistants and certification for dental assistants.
(b) To investigate and determine the acceptability and to
approve and disapprove institutions and colleges of this State
and of other states and countries for the education of students
desiring to be licensed to practice dentistry or as dental
hygienists or to be certified as expanded function dental
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assistants or to be certified dental assistants, and to revoke
approvals where such institutions and colleges no longer are
deemed proper.
* * *
(d.2) (1) To provide for and to regulate the certification,
and to certify as dental assistants individuals who met the
requirements under clause (2).
(2) The board may issue certification as a dental assistant
to an applicant who submits an application approved by the
board, pays a fee set by the board and mets the following
requirements:
(i) Verifies to the satisfaction of the board at least three
thousand five hundred hours of clinical experience performing
the functions of a dental assistant.
(ii) Holds a current cardiopulmonary resuscitation
certification.
(iii) Has successfully passed the dental assistant national
board's certified dental assistant examination.
* * *
(g) To prescribe the professional title or other designation
which any person licensed or certified under this act may use in
connection with his or her name in the practice of dentistry or
as a dental hygienist or as an expanded function dental
assistant or as a certified dental assistant, to regulate the
use of the same, and to prosecute those who illegally use the
same.
* * *
(m) To administer and enforce the laws of the Commonwealth
relating to the practice of dentistry and dental hygienists and
certified expanded function dental assistants and certified
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dental assistants, and to instruct and require its agents to
bring prosecutions for unauthorized and unlawful practices.
Section 3. Sections 4(a), 4.1, 10, 10.1, 11, 11.5 and 11.8
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 or certification as a 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 certified 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 certificate of an expanded
function dental assistant or certificate of a 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
representations.
(3) Practicing fraud or deceit in obtaining a license to
practice dentistry or dental hygiene or certificate for expanded
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function dental assisting or certificate of 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 certificate for expanded function dental assisting or
certificate for 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 uncertified person for expanded
function dental assisting or uncertified person for certified
dental assisting contrary to this act or regulations of the
board.
(8) Engaging in unprofessional conduct. For purposes of this
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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 and standard of
care for expanded function dental assistants and certified
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 an expanded function dental assistant or as a
certified 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
[or], expanded function dental assistant or certified dental
assistant to submit to a mental or physical examination by
physicians designated by the board. Failure of a dentist, dental
hygienist [or], expanded function dental assistant or certified
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 [or], expanded function
dental assistant or certified dental assistant affected under
this clause (11) shall, at reasonable intervals, be afforded an
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opportunity to demonstrate that he or she can resume a competent
practice of dentistry, dental hygiene [or], as an expanded
function dental assistant or as a certified 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
certificate of an expanded function dental assistant or
certificate of a 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
20100HB2326PN3351 - 7 -
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 or certified 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 or certified 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 certificate for an
expanded function dental assistant or 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 or
certified 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
20100HB2326PN3351 - 8 -
Consolidated Statutes (relating to administrative law and
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 or certified 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 or certified 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
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certificate has been suspended or revoked to return the license
or certificate in such manner as the board directs. Failure to
do so shall be a misdemeanor of the third degree.
Section 10. Penalties.--(a) It is unlawful for any person
to practice dentistry or as a dental hygienist or as an expanded
function dental assistant or as a certified 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 an expanded function dental assistant or as a certified
dental assistant, or to assume any title of "dentist," "dental
surgeon," "dental hygienist," expanded function dental
assistant" or "certified 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 an expanded function
dental assistant or as a certified 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 or as an expanded function dental
assistant or as a certified 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
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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 an expanded function dental assistant or
as a certified 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 expanded function dental
assistants or certified 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 or as a certified 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 or as a certified dental assistant.
(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. It is
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unlawful for a person practicing dentistry to employ a person as
a certified dental assistant unless such person is certified as
a certified 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." It is
unlawful for any dentist to permit any certified dental
assistant operating under his direct supervision to perform any
procedures other than those included within the definition of
"certified 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. It is unlawful for any certified dental
assistant to perform any procedure within the definition of
"certified dental assistant" which requires certification under
this act unless such procedure is performed under the direct
supervision of a licensed dentist.
(h) Any person violating any of the provisions of this
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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 10.1. Civil Penalties.--In addition to any other
civil remedy or criminal penalty provided for in this act, the
board, by a vote of the majority of the maximum number of the
authorized membership of the board as provided by law, or by a
vote of the majority of the duly qualified and confirmed
membership or a minimum of six members, whichever is greater,
may levy a civil penalty of up to one thousand dollars ($1,000)
on any current licensee who violates any provision of this act
or on any person who practices dentistry or as a dental
hygienist or as an expanded function dental assistant or as a
certified dental assistant without being properly licensed or
certified to do so under this act. The board shall levy this
penalty only after affording the accused party the opportunity
for a hearing as provided in Title 2 of the Pennsylvania
Consolidated Statutes (relating to administrative law and
procedure).
Section 11. Right of Dentists to Practice as Dental
Hygienists [and as], Expanded Function Dental Assistants and
Certified Dental Assistants; Dental Supplies; Death
Certifications.--Nothing contained in this act shall be
construed as prohibiting a duly licensed and registered dentist
from performing the work of a dental hygienist or an expanded
function dental assistant or a certified dental assistant.
Nothing contained in this act or any other act shall be
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construed as prohibiting a duly licensed dentist who is a staff
member of an approved hospital from executing a medical
certification in case of death if the dentist attended the
deceased during the last illness, provided the death occurs in
the hospital and the deceased had been admitted on the dental
service and the circumstances are not such as to require a
referral to the coroner under the provisions of any other act.
Nothing contained in this act shall be construed to prevent any
person, copartnership, association or corporation from
manufacturing and furnishing to or repairing for, licensed
dentists artificial teeth, crowns, bridges, prosthetic work, and
regulating appliances, but it shall be unlawful and constitute
the practice of dentistry for any person to fit, or attempt to
fit, or to furnish to or repair for any other person artificial
teeth, crowns, bridges, prosthetic work, or appliances.
Section 11.5. Reporting of Multiple Licensure or
Certification.--Any licensed dentist or dental hygienist or
certified expanded function dental assistant or certified dental
assistant of this Commonwealth who is also licensed to practice
dentistry or as a dental hygienist or a certified expanded
function dental assistant or certified 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 or expanded
function dental assistant's or certified dental assistant's
record, and such state, territory or country shall be notified
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by the board of any disciplinary actions taken against the
dentist or dental hygienist in this Commonwealth.
Section 11.8. Additional Definition.--As used in this act,
"Assignment of Duties" shall mean the assignment by a dentist to
another person of services and procedures which are performed in
the office of a dentist. A dentist may assign to such competent
person or persons as the dentist deems appropriate those
services and procedures performed in the dental office in which
the dentist is practicing but which do not require the
professional competence and skill of a dentist or dental
hygienist or expanded function dental assistant or certified
dental assistant. Such services and procedures may include
include placing and removing rubber dams and matrices. Such
assignment of services and procedures shall be under the direct
supervision of a licensed dentist. This section shall not be
construed as authorizing the delegation or assignment of
diagnosing, treatment planning and writing prescriptions for
drugs or writing authorizations for restorative, prosthetic or
orthodontic appliances.
Section 4. The act is amended by adding a section to read:
Section 11.10. Scope of Practice for Certified Dental
Assistant.--(a) A certified dental assistant is authorized to
perform reversible intraoral procedures under the direct
supervision of a licensed dentist and under an assignment of
duties by a dentist which include:
(1) Coronal polishing for children up to the age of
seventeen.
(2) Fluoride treatments, including varnishes.
(3) Taking impressions of the teeth for athletic appliances.
(b) Notwithstanding any other statute or regulation to the
20100HB2326PN3351 - 15 -
contrary, a certified dental assistant may perform procedures
not designated by this act to be performed by a licensed
dentist, dental hygienist or expanded function dental assistant.
(c) For purposes of this section, "direct supervision" shall
mean that a dentist is in the dental office or treatment
facility, personally diagnoses the condition to be treated,
personally authorizes the procedure and remains in the dental
office or treatment facility while the procedure is being
performed and, before dismissal of the patient, evaluates the
work performed.
Section 5. The State Board of Dentistry shall promulgate
regulations to implement this act within 18 months of the
effective date of this act.
Section 6. This act shall take effect in 60 days.
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