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CHAPTER 33. STATE BOARD OF DENTISTRY
Subchap. Sec.
A. GENERAL PROVISIONS 33.1
B. LICENSURE OF DENTISTS AND DENTAL HYGIENISTS 33.101
C. MINIMUM STANDARDS OF CONDUCT AND PRACTICE 33.201
D. PERFORMANCE OF RADIOLOGIC PROCEDURES BY AUXILIARY PERSONNEL 33.301
E. ADMINISTRATION OF GENERAL ANESTHESIA,
DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA 33.331
F. CONTINUING DENTAL EDUCATION 33.401Authority The provisions of this Chapter 33 issued under The Dental Law (63 P. S. § § 120130b), unless otherwise noted.
Cross References This chapter cited in 25 Pa. Code § 215.24 (relating to human use); 49 Pa. Code § 23.34 (relating to professional corporations); 49 Pa. Code § 25.214 (relating to corporate practice and fictitious names); 49 Pa. Code § 29.27 (relating to permitted business practices); 49 Pa. Code § 41.26 (relating to professional corporations); and 49 Pa. Code § 47.21 (relating to professional corporations).
Subchapter A. GENERAL PROVISIONS
Sec.
33.1. Definitions.
33.2. Applicability of general rules.
33.3. Fees.
33.4. Board address.
33.11. [Reserved].
33.12. [Reserved].
33.21. [Reserved].
33.22. [Reserved].
33.31. [Reserved].
33.32. [Reserved].
33.41. [Reserved].
33.43. [Reserved].
33.4533.48.[Reserved].
33.5133.52.[Reserved].
33.61. [Reserved].§ 33.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ASA CLASS IA classification of patient status developed by the American Society of Anesthesiologists for a patient without systemic disease.
ASA CLASS IIA classification of patient status developed by the American Society of Anesthesiologists for a patient with mild systemic disease.
ASA CLASS IIIA classification of patient status developed by the American Society of Anesthesiologists for a patient with severe systemic disease that limits activity but is not incapacitating.
ASA CLASS IVA classification of patient status developed by the American Society of Anesthesiologists for a patient with incapacitating systemic disease that is a constant threat to life.
ASA CLASS VA classification of patient status developed by the American Society of Anesthesiologists for a moribund patient not expected to survive 24 hours with or without operation.
ActThe Dental Law (63 P. S. § § 120130i), which regulates the licensure of dentists and dental hygienists and the practice of dentistry and practice as a dental hygienist in this Commonwealth.
Auxiliary personnelPersons who perform dental supportive procedures authorized by the act and this chapter under the general or direct supervision of a dentist.
Board regulated practitionerA dentist, dental hygienist, expanded function dental assistant or auxiliary personnel.
BureauThe Bureau of Professional and Occupational Affairs of the Commonwealth.
Child abuseA term meaning any of the following:(i) A recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child under 18 years of age.
(ii) An act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
(iii) A recent act, failure to act or series of acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
(iv) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a childs life or development or impairs the childs functioning.
ChildLineAn organizational unit of the Department of Public Welfare which operates a 24-hour a day Statewide toll free telephone system for receiving reports of suspected child abuse, referring reports for investigation and maintaining the reports in the appropriate file.
Continuing education certificateA document prepared by the program sponsor which contains the title of the course, the dates attended or completed and the hours of education completed.
Credit hourA minimum unit of continuing education consisting of 60 minutes of instruction. Programs longer than 60 minutes will be credited in 30 minute increments.
Dental clinicA public or quasipublic institution operated not for profit which has as a primary purpose providing dental health care.
DepartmentThe Department of State of the Commonwealth.
Direct supervisionSupervision by a dentist who examines the patient, authorizes the procedure to be performed, is physically present in the dental facility and available during performance of the procedure, and examines and takes full professional responsibility for the completed procedure.
General supervisionIn a dental facility, supervision by a dentist who examines the patient, develops a dental treatment plan, authorizes the performance of dental hygiene services to be performed within 90 days of the examination, and takes full professional responsibility for the performance of the dental hygenist. In facilities identified in § 33.205(c)(2) and (3) (relating to practice as a dental hygienist), general supervision is as defined in § 33.205(d)(2).
Individual residing in the same home as the childAn individual who is 14 years of age or older and who resides in the same home as the child.
Individual studyA course of continuing education offered by an approved program sponsor, which permits the participant to learn without interacting with an instructor or interactive learning methodologies and which requires a passing grade on a written examination or workbook.
PerpetratorA person who has committed child abuse and is a parent of the child, a person responsible for the welfare of a child, an individual residing in the same home as a child or a paramour of a childs parent.
Person responsible for the childs welfareA person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control. The term does not include a person who is employed by or provides services or programs in a public or private school, intermediate unit or area vocational-technical school.
Program sponsorThe party approved by the Board who is responsible for the development and presentation of the continuing dental education program.
Recent acts or omissionsActs or omissions committed within 2 years of the date of the report to the Department of Public Welfare or county agency.
Serious mental injuryA psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does one or more of the following:(i) Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the childs life or safety is threatened.
(ii) Seriously interferes with a childs ability to accomplish age-appropriate developmental and social tasks.
Serious physical injuryAn injury that causes a child severe pain or significantly impairs a childs physical functioning, either temporarily or permanently.
Sexual abuse or exploitationThe employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another person to engage in sexually explicit conduct or a simulation of sexually explicit conduct for the purpose of producing a visual depiction, including photographing, videotaping, computer depicting or filming, of sexually explicit conduct or the rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, molestation, incest, indecent exposure, prostitution, statutory sexual assault or other form of sexual exploitation of children.
Authority The provisions of this § 33.1 amended under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 3(j.1), (j.2) and (o) of the Dental Law (63 P. S. § 122(j.1), (j.2) and (o)).
Source The provisions of this § 33.1 adopted April 4, 1949; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended November 8, 1996, effective November 9, 1996, 26 Pa.B. 5410; corrected November 22, 1996, effective November 9, 1996, 26 Pa.B. 5700; amended August 11, 2000, effective August 12, 2000, 30 Pa.B. 4245. Immediately preceding text appears at serial pages (230645) to (230646) and (244918).
Notes of Decisions Ripeness
Petition for review of these regulations was dismissed as the association of dental hygienists allegations of direct and immediate harm did not establish the justiciability of a pre-enforcement challenge to this regulation. The associations allegations of change in their work schedule, reduced availability of dental hygiene services, reduced income, possible unemployment and the uncertainty of the ongoing day-to-day operations of dental hygiene care are merely anticipatory, speculative and too remote to support a claim of direct and immediate harm. Pennsylvania Dental Hygienists Association v. State Board of Dentistry, 672 A.2d 414 (Pa. Cmwlth. 1996).
Cross References This section cited in 49 Pa. Code § 33.202 (relating to fictitious names).
§ 33.2. Applicability of general rules.
Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) is applicable to the activities of and proceedings before the Board.
Source The provisions of this § 33.3 issued under section 4 of The Dental Law (63 P. S. § 123); amended under section 3 (g.1) and 4(b) of The Dental Law (63 P. S. § § 122 (g.1) and 123(b)).
Source The provisions of this § 33.3 adopted April 28, 1989, effective April 29, 1989, 19 Pa.B. 1840; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1167; amended May 19, 1995, effective May 20, 1995, 25 Pa.B. 1950; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; corrected June 30, 1995, effective July 1, 1995, 25 Pa.B. 2598; amended May 23, 1997, effective May 24, 1997, 27 Pa.B. 2547; amended June 5, 1998, effective June 6, 1998, 28 Pa.B. 2590; amended June 16, 2000, effective June 17, 2000, 30 Pa.B. 3046; amended April 30, 2004, effective May 1, 2004, 34 Pa.B. 2326; amended May 13, 2005, effective May 14, 2005, 35 Pa.B. 2899. Immediately preceding text appears at serial pages (303900) and (303901).
Cross References This section cited in 49 Pa. Code § 33.101 (relating to general information); 49 Pa. Code § 33.105 (relating to biennial renewal of licenses); 49 Pa. Code § 33.108 (relating to transfers out-of-State); 49 Pa. Code § 33.110 (relating to volunteer license); and 49 Pa. Code § 33.202 (relating to fictitious names).
§ 33.4. Board address.
The address of the Board is State Board of Dentistry, Post Office Box 2649, Harrisburg, PA 17105-2649.
Source The provisions of this § 33.4 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492.
§ 33.11. [Reserved].
Source The provisions of this § 33.11 adopted April 4, 1949; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (156433) to (156434).
§ 33.12. [Reserved].
Source The provisions of this § 33.12 adopted April 4, 1949; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (156434).
§ 33.21. [Reserved].
Source The provisions of this § 33.21 adopted April 4, 1949; amended May 6, 1977, effective May 7, 1977, 7 Pa.B. 1237; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (154121).
§ 33.22. [Reserved].
Source The provisions of this § 33.22 adopted December 23, 1977, effective December 24, 1977, 7 Pa.B. 3925; amended September 7, 1984, effective September 8, 1984, 14 Pa.B. 3250; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (154121) and (119334).
§ 33.31. [Reserved].
Source The provisions of this § 33.31 adopted April 4, 1949; amended August 2, 1985, effective August 3, 1985, 15 Pa.B. 2814; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (119334) to (119336) and (159385).
§ 33.32. [Reserved].
Source The provisions of this § 33.32 adopted April 4, 1949; reserved July 20, 1990, effective July 21, 1990, 20 Pa.B. 3972. Immediately preceding text appears at serial pages (119337) to (119338).
§ 33.41. [Reserved].
Source The provisions of this § 33.41 adopted September 18, 1967; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2396; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (159385) to (159386).
Law Reviews The Choice Between Adjudication and Rulemaking for Developing Administrative Policy in Pennsylvania, Fitzpatrick, Terrance J., 4 Widener J. Public L. 373 (1995).
§ 33.43. [Reserved].
Source The provisions of this § 33.43 adopted May 24, 1985, effective May 25, 1985, 15 Pa.B. 1915; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (159386).
§ 33.45. [Reserved].
Source The provisions of this § 33.45 adopted May 24, 1985, effective May 25, 1985, 15 Pa.B. 1915; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (159386) to (159388).
§ 33.46. [Reserved].
Source The provisions of this § 33.46 adopted September 19, 1986, effective September 20, 1986, 16 Pa.B. 3511; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (159388) and (178769).
§ 33.47. [Reserved].
Source The provisions of this § 33.47 adopted June 21, 1991, effective June 22, 1991, 21 Pa.B. 2818; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (178769) to (178770).
§ 33.48. [Reserved].
Source The provisions of this § 33.48 adopted March 5, 1993, effective March 6, 1993, 23 Pa.B. 1065; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (178770) to (178771).
§ 33.51. [Reserved].
Source The provisions of this § 33.51 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3316; amended January 20, 1978, effective January 21, 1978, 8 Pa.B. 203; amended June 12, 1987, effective June 13, 1987, 17 Pa.B. 2216; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (178771) and (159391) to (159392).
§ 33.51a. [Reserved].
Source The provisions of this § 33.51a adopted June 12, 1987, effective June 13, 1987, 17 Pa.B. 2216; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (159392).
§ 33.52. [Reserved].
Source The provisions of this § 33.52 adopted January 27, 1978, effective January 28, 1978, 8 Pa.B. 252; reserved July 20, 1990, effective July 21, 1990, 20 Pa.B. 3972. Immediately preceding text appears at serial page (119344).
§ 33.61. [Reserved].
Source The provisions of this § 33.61 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6190; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (159393) to (159394) and (167701).
Subchapter B. LICENSURE OF DENTISTS AND
DENTAL HYGIENISTS
Sec.
33.101. General information.
33.102. Professional education.
33.103. Examinations.
33.104. Initial licensure/certification; licensure/certification documents.
33.105. Biennial renewal of licenses and certificates.
33.106. Reactivation of licenses.
33.107. Licensure and certification by criteria approval.
33.108. Transfers out-of-State.
33.109. Licensees and certificate holders change of name or address; service of process and legal papers.
33.110. Volunteer license.
33.111. [Reserved].
33.112. [Reserved].
33.113. [Reserved].
33.114. First certification examination.
33.12133.128.[Reserved].
33.13133.146.[Reserved].
33.151. [Reserved].
33.16133.164.[Reserved].
33.191. [Reserved].
Authority The provisions of this Subchapter B issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and The Dental Law (63 P. S. § § 122130), unless otherwise noted.
§ 33.101. General information.
(a) Only persons holding a current license issued by the Board may practice dentistry or may practice as a dental hygienist in this Commonwealth.
(b) Only persons holding a certificate issued by the Board may practice as an expanded function dental assistant in this Commonwealth.
(c) To secure a license or certificate, an applicant shall satisfy the requirements of the act and of this subchapter.
(d) Applications for licensure or certification shall be made on forms supplied by the Board and shall be accompanied by the application fee in § 33.3 (relating to fees).
Authority The provisions of this § 33.101 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.102 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.102 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359. Immediately preceding text appears at serial pages (238316) and (223025).
§ 33.103. Examinations.
(a) Dentists. Candidates for licensure shall pass the National Board Dental Examination (written examination) and the Northeast Regional Board (NERB) Dental Examination (clinical examination).
(b) Dental hygienists. Candidates for licensure shall pass the National Board Dental Hygiene Examination (written examination) and the NERB Dental Hygiene Examination (clinical examination).
(c) Expanded function dental assistants. Candidates for certification shall pass a written examination acceptable to the Board.
(d) Additional requirement. The Board will recognize successful completion of the NERB Dental Examination or NERB Dental Hygiene Examination or the expanded function dental assistant examination approved by the Board for up to 5 years from the date scores are reported to the Board. After 5 years, the Board will accept passing scores on the examinations only if the candidate has been engaged in postgraduate training or in the practice of dentistry, as a dental hygienist or as an expanded function dental assistant in another jurisdiction.
Authority The provisions of this § 33.103 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.103 adopted June 23, 1995, effective June 24, 1995, except subsection (c) effective June 24, 1996, 25 Pa.B. 2492; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359; amended September 3, 2004, effective September 4, 2004, 34 Pa.B. 4882. Immediately preceding text appears at serial page (223025).
§ 33.104. Initial licensure/certification; licensure/certification documents.
(a) Each new licensee is issued a wall certificate indicating initial licensure and a registration packet including a biennial renewal certificate and a wallet-size license card that show the expiration date of the license. Licenses expire on March 31 of each odd-numbered year, regardless of the date of issuance.
(b) Each new certificate holder is issued a wall certificate indicating initial certification and a registration packet including a biennial renewal certificate and a wallet-size certification card that show the expiration date of the certificate. Certificates expire on March 31 of each odd-numbered year, regardless of the date of issuance.
(c) Fees as prescribed by the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. § § 1401-1011401-501), shall be charged for duplicate wall certificates and biennial renewal documents. A duplicate will be issued only upon submission by the licensee or certificate holder of a notarized statement specifying why the original is unavailable and stating that the duplicate will be returned if the original is recovered.
Authority The provisions of this § 33.104 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.104 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359. Immediately preceding text appears at serial page (223025).
§ 33.105. Biennial renewal of licenses and certificates.
(a) Licenses and certificates are renewable for a 2-year period beginning April 1 of each odd-numbered year. The fee for the biennial renewal is set by the Board. See § 33.3 (relating to fees). Upon renewal, licensees and certificate holders receive new biennial renewal licenses or certificates, as appropriate, and wallet-size cards which include the expiration date.
(b) As a condition of biennial renewal, commencing with the 2001-2003 renewal period, licensees and certificate holders shall maintain current certification in infant, child and adult cardiopulmonary resuscitation and continuing education requirements specified in Subchapter F (relating to continuing dental education). Licensees and certificate holders shall certify their compliance with this subsection when renewing their licenses on and after April 1, 2001. Courses for certification in cardiopulmonary resuscitation (CPR) shall be substantially similar in content to the CPR courses offered by the American Heart Association and the American Red Cross and have a similar renewal period.
(c) Dentists and dental hygienists who fail to renew their licenses and expanded function dental assistants who fail to renew their certificates are prohibited from practicing their profession in this Commonwealth.
Authority The provisions of this § 33.105 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.105 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359; amended August 11, 2000, effective August 12, 2000, 30 Pa.B. 4245. Immediately preceding text appears at serial page (266021).
§ 33.106. Reactivation of licenses and certificates.
(a) Dentists and dental hygienists who have failed to renew their licenses and expanded function dental assistants who have failed to renew their certificates may apply for reactivation on forms prescribed by the Board. The applicant for reactivation shall pay the current biennial renewal fee, provide evidence of current certification in cardiopulmonary resuscitation, and shall submit a notarized affidavit identifying the period of time in which the applicant did not practice in this Commonwealth. Effective with the 1999-2001 renewal period, licensees and certificate holders shall also complete the continuing education requirements for the renewal periods during which the license or certificate was not renewed.
(b) In addition to the requirements in subsection (a), an applicant for reactivation who has failed to renew for more than 5 years may be subject to reexamination under section 3.1(b) of the act (63 P. S. § 122.1.(b)).
(c) An applicant for reactivation who practiced in this Commonwealth without a current license or certificate shall pay a later renewal fee of $5 for each month or part of a month during which the unauthorized practice occurred, as provided in section 225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. § 1401-225). In addition, the applicant shall pay the biennial renewal fee for each biennium during which unauthorized practice occurred. The payment of late fees and biennial renewal fees does not preclude the Board from taking disciplinary action against a dentist or dental hygienist who practice without a current license or an expanded function dental assistant who practice without a current certificate.
Authority The provisions of this § 33.106 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.106 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359; amended August 11, 2000, effective August 12, 2000, 30 Pa.B. 4245. Immediately preceding text appears at serial pages (266021) to (266022).
§ 33.107. Licensure and certification by criteria approval.
Dentists, dental hygienists and expanded function dental assistants who are currently licensed or certified in another state or territory or in Canada may be granted licensure or certification in this Commonwealth if the credentials submitted meet the requirements of the act and of this subchapter. Licensure and certification by criteria approval will be granted only to applicants whose licensing boards confirm that they reciprocate with the Commonwealth. An applicant shall cause the licensing authority of each state where the applicant has practiced to submit to the Board a letter of good standing. The Board may grant a personal interview to resolve questions concerning an applicants qualifications.
Authority The provisions of this § 33.107 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.107 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359. Immediately preceding text appears at serial page (223026).
§ 33.108. Transfers out-of-state.
Dentists, dental hygienists and expanded function dental assistants who wish their licensure, certification or grades certified to another state shall pay the fee in § 33.3 (relating to fees).
Authority The provisions of this § 33.108 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.108 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359. Immediately preceding text appears at serial page (238317).
§ 33.109. Licensees and certificate holders change of name or address; service of process and legal papers.
(a) A licensees or certificate holders name on file with the Board shall be the name that appears on the license or certificate unless that name is legally changed, in which case the licensee or certificate holder shall report the change to the Board in writing within 10 days.
(b) A licensee or certificate holder who changes an address on file with the Board shall notify the Board in writing within 10 days. Licensees or certificate holders who do not comply with this subsection shall bear full responsibility for failure to receive correspondence, including biennial renewal notifications, from the Board or the Department.
(c) A licensees or certificate holders most recent name and address on file with the Board will be deemed the licensees or certificate holders official name and address for purposes of service of process and other legal papers.
Authority The provisions of this § 33.109 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.110 issued under section 5 of the Volunteer Health Services Act (35 P. S. § 449.45); and section 3(o) of the Dental Law (63 P. S. § 122(o)); amended under sections 3(o) and 11.2(a) of The Dental Law (63 P. S. § § 122(o) and 130c(a)).
Source The provisions of this § 33.110 adopted November 28, 1997, effective November 29, 1997, 27 Pa.B. 6220; amended May 13, 2005, effective May 14, 2005, 35 Pa.B. 2880. Immediately preceding text appears at serial pages (267882) to (267884).
§ 33.111. [Reserved].
Source The provisions of this § 33.111 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; amended January 20, 1978, effective January 21, 1978, 8 Pa.B. 203; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3972; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (148359).
§ 33.112. [Reserved].
Source The provisions of this § 33.112 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (148359).
§ 33.113. [Reserved].
Source The provisions of this § 33.113 adopted January 18, 1965; reserved September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397. Immediately preceding text appears at serial page (9773).
§ 33.114. First certification examination.
(a) The Board will give notice to temporary permit holders of the date, time and location of the first expanded function dental assistant certification examination. A temporary permit holder is required to register for and achieve a passing score on the examination.
(b) Failure to register or to sit for the examination (unless the Board grants a waiver under subsection (c)) shall be deemed a failure of the examination. Upon notice from the Board of the failure of the examination, the temporary permit holder shall immediately cease to practice as an expanded function dental assistant and shall return the temporary permit to the Board.
(c) The Board will grant a waiver to a temporary permit holder who has not been present at the examination, who provides the Board with documentation acceptable to the Board that illness or bereavement prevented the applicant from taking the examination as scheduled. A request for a waiver shall be filed with the Board within 10 days of the examination date. If a waiver is not granted, the temporary permit holder shall, upon notice, immediately cease practicing as an expanded function dental assistant and return the permit to the Board.
Authority The provisions of this § 33.114 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.114 adopted May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359.
§ 33.121. [Reserved].
Source The provisions of this § 33.121 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (148359) to (148360).
§ 33.122. [Reserved].
Source The provisions of this § 33.122 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; amended January 20, 1978, effective January 21, 1978, 8 Pa.B. 203; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3972; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (148360).
§ 33.123. [Reserved].
Source The provisions of this § 33.123 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (148360) and (135699).
§ 33.124. [Reserved].
Source The provisions of this § 33.124 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; amended January 20, 1978, effective January 21, 1978, 8 Pa.B. 203; reserved April 28, 1989, effective April 29, 1989, 19 Pa.B. 1840. Immediately preceding text appears at serial page (119349).
§ § 33.12533.128. [Reserved].
Source The provisions of these § § 33.12533.128 adopted January 18, 1965; reserved September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397. Immediately preceding text appears at serial pages (9774) to (9779).
§ 33.131. [Reserved].
Source The provisions of this § 33.131 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; amended April 28, 1989, effective April 29, 1989, 19 Pa.B. 1840; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (135699) to (135700).
§ § 33.13233.134. [Reserved].
Source The provisions of these § § 33.13233.134 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (135700) to (135701).
§ § 33.13533.140. [Reserved].
Source The provisions of these § § 33.13533.140 adopted January 18, 1965; reserved September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397. Immediately preceding text appears at serial pages (9781) to (9784).
§ 33.141. [Reserved].
Source The provisions of this § 33.141 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; amended November 3, 1978, effective November 4, 1978, 8 Pa.B. 3034; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (135702).
§ 33.141a. [Reserved].
Source The provisions of this § 33.141a adopted November 3, 1978, effective November 4, 1978, 8 Pa.B. 3034; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (135702) and (148361).
§ 33.142. [Reserved].
Source The provisions of this § 33.142 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; amended January 20, 1978, effective January 21, 1978, 8 Pa.B. 203; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3972; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (148361).
§ 33.143. [Reserved].
Source The provisions of this § 33.143 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; reserved January 20, 1978, effective January 21, 1978, 8 Pa.B. 203. Immediately preceding text appears at serial page (30317).
§ 33.144. [Reserved].
Source The provisions of this § 33.144 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; reserved January 20, 1978, effective January 21, 1978, 8 Pa.B. 203. Immediately preceding text appears at serial page (30317).
§ 33.145. [Reserved].
Source The provisions of this § 33.145 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (148362).
§ 33.146. [Reserved].
Source The provisions of this § 33.146 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; amended April 28, 1989, effective April 29, 1989, 19 Pa.B. 1840; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (148362).
§ 33.151. [Reserved].
Source The provisions of this § 33.151 adopted January 18, 1965; reserved September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397. Immediately preceding text appears at serial page (9784).
§ 33.161. [Reserved].
Source The provisions of this § 33.161 adopted January 18, 1965; reserved September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397. Immediately preceding text appears at serial page (9785).
§ 33.162. [Reserved].
Source The provisions of this § 33.162 adopted January 18, 1965; reserved September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397. Immediately preceding text appears at serial page (9785).
§ 33.163. [Reserved].
Source The provisions of this § 33.163 adopted January 18, 1965; reserved September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397. Immediately preceding text appears at serial pages (9785) to (9786).
§ 33.164. [Reserved].
Source The provisions of this § 33.164 adopted January 18, 1965; reserved September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397. Immediately preceding text appears at serial page (9786).
§ 33.191. [Reserved].
Source The provisions of this § 33.191 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; reserved June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial page (135705).
Subchapter C. MINIMUM STANDARDS OF CONDUCT
AND PRACTICE
Sec.
33.201. Use of titles and other designations.
33.202. Fictitious names.
33.203. Advertising.
33.204. Assignment of duties.
33.205. Practice as a dental hygienist.
33.205a. Practice as an expanded function dental assistant.
33.206. Identifying information on prescriptions.
33.207. Prescribing, administering and dispensing controlled substances.
33.208. Prescribing, administering and dispensing medications.
33.209. Preparing, maintaining and retaining patient records.
33.210. Storage of drugs.
33.211. Unprofessional conduct.
33.212. Misleading, deceptive, untrue or fraudulent representations.
33.213. Replacement of dental amalgamsstatement of policy.
33.214. Disclosure of financial or ownership intereststatement of policy.
33.215. Use of lasers in the dental officestatement of policy.
33.22133.226.[Reserved].
33.23133.234.[Reserved].
33.241. [Reserved].
33.242. [Reserved].
33.250. Suspected child abusemandated reporting requirements.
33.251. Photographs, medical tests and X-rays of child subject to report.
33.252. Suspected death as a result of child abusemandated reporting requirement.
33.253. Immunity from liability.
33.254. Confidentialitywaived.
33.255. Noncompliance.
33.291. [Reserved].§ 33.201. Use of titles and other designations.
(a) Dentists, dental hygienists and expanded function dental assistants may use only the following titles when formally holding themselves out to the public as members of their respective professions:
(1) Dentists.
(i) Doctor or Dr. if the licensees name and a title permitted under subparagraph (ii) or (iii) follows immediately. The Board specifically prohibits the use of the word Doctor or its abbreviation except in combination with one of these titles.
(ii) Dentist, Doctor of Dental Surgery, Doctor of Dental Medicine, or a title such as Orthodontist, signifying a specialty recognized by the Board in which the dentist has advanced training in conformity with § 33.203(d)(1) (relating to advertising), when preceded by the licensees name.
(iii) D.D.S. or D.M.D., when preceded by the licensees name.
(2) Dental hygienists.
(i) Dental Hygienist or D. H., when preceded by the licensees name.
(ii) Registered Dental Hygienist or R.D.H., when preceded by the licensees name.
(3) Expanded function dental assistants. Expanded function dental assistant or EFDA when preceded by the certificate holders name.
(b) In addition to the titles approved under subsection (a), licensees may use, in conjunction with their names, designations of advanced degrees earned from accredited institutions and designations of advanced professional statussuch as diplomate or fellow.
(c) References in this section to the licensees or certificate holders name shall be interpreted to mean the name appearing on the licensees or certificate holders current license or certificate but to allow for the use of initials preceding the licensees or certificate holders surname.
Authority The provisions of this § 33.201 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.202 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended May 23, 1997, effective May 24, 1997, 27 Pa.B. 2547. Immediately preceding text appears at serial pages (223032) to (223034).
Cross References The provisions of this § 33.203 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492.
Cross References This section cited in 49 Pa. Code § 33.201 (relating to use of titles and other designations); and 49 Pa. Code § 33.202 (relating to fictitious names).
§ 33.204. Assignment of duties.
Dental procedures shall be assigned to a competent person who the dentist deems appropriate as defined by and consistent with the act.
Source The provisions of this § 33.205 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492.
Notes of Decisions Ripeness
Petition for review of these regulations was dismissed as the association of dental hygienists allegations of direct and immediate harm did not establish the justiciability of a pre-enforcement challenge to this regulation. The associations allegations of change in their work schedule, reduced availability of dental hygiene services, reduced income, possible unemployment and the uncertainty of the ongoing day-to-day operations of dental hygiene care are merely anticipatory, speculative and too remote to support a claim of direct and immediate harm. Pennsylvania Dental Hygienists Association v. State Board of Dentistry, 671 A.2d 1130 (Pa. Cmwlth. 1996).
Cross References The provisions of this § 33.205a amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.205a adopted May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359.
§ 33.206. Identifying information on prescriptions.
(a) The name, address, telephone number and dental license number of the prescribing dentist shall appear on prescriptions for drugs, services or supplies.
(b) Noncompliance with subsection (a) will be considered unprofessional conduct and will subject the noncomplying dentist to disciplinary action as authorized in section 4.1(a)(8) of the act (63 P. S. § 123.1(a)(8)).
Source The provisions of this § 33.207 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492.
Cross References This section cited in 49 Pa. Code § 33.208 (relating to prescribing, administering and dispensing medications); 49 Pa. Code § 33.209 (relating to preparing, maintaining and retaining patient records); and 49 Pa. Code § 33.212 (relating to misleading, deceptive, untrue or fraudulent representations).
§ 33.208. Prescribing, administering and dispensing medications.
(a) When prescribing, administering or dispensing medications not included under § 33.207 (relating to prescribing, administering and dispensing controlled substances), dentists shall comply with, or cause compliance with, the following minimum standards:
(1) Scope of authority. A dentist may prescribe, administer or dispense medication only:
(i) In good faith in the course of the dentists professional practice.
(ii) Within the scope of the dentist-patient relationship.
(iii) In accordance with treatment principles accepted by a responsible segment of the profession.
(2) Dental examination and medical history. A dental examination shall be conducted and a medical history shall be taken before a dentist initially prescribes, administers or dispenses medication to a patient. The examination and medical history shall be complete enough to justify the prescription, administration or dispensation of the medication. The examination shall focus on the patients dental problems, and the resulting diagnosis shall relate to the patients specific complaint. The patients dental record shall contain written evidence of the examination and medical history.
(3) Records. On each occasion when medication is prescribed, administered or dispensed to a patient, an entry shall be made in the patients dental record containing the following information:
(i) The name, quantity and strength of the medication.
(ii) The directions for use.
(iii) The date of issuance.
(iv) The condition for which the medication was issued.
(4) Emergency prescriptions. If an emergency requires the issuance of a prescription, an appropriate short-term prescription may be telephoned to a pharmacist. A dentist may not order a renewal or a refill of an emergency prescription unless the order is in writing and the dentist has given the patient a dental examination and has taken a medical history as required by paragraph (2).
(b) A dentists failure to comply with this section will be considered unprofessional conduct and will subject the noncomplying dentist to disciplinary action as authorized in section 4.1(a)(8) of the act (63 P. S. § 123.1(a)(8)).
Source The provisions of this § 33.208 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492.
Cross References The provisions of this § 33.209 amended under sections 3(c) and 11.2(a) of the Dental Law (63 P. S. § § 122(o) and 130c(a)).
Source The provisions of this § 33.209 adopted June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359; amended May 13, 2005, effective May 14, 2005, 35 Pa.B. 2880. Immediately preceding text appears at serial pages (266034) to (266036).
Notes of Decisions Patients Complaint
The State Board of Dentistrys findings that the dentist failed to properly record the parents complaint was supported by substantial evidence, where, based on the expert testimony, the Board found that the dentist should have recorded the parents complaint that their son had black spots on his teeth or recorded no complaints on the childs record, and where the Board stated that while the dentist recorded the childs cavities, such an activity constituted a diagnosis, which is a separate recording requirement. Watkins v. State Board of Dentistry, 740 A.2d 760 (Pa. Cmwlth. 1999).
Cross References This section cited in 49 Pa. Code § 33.340 (relating to duties of dentists who are unrestricted permitholders); and 49 Pa. Code § 33.340a (relating to duties of dentists who are restricted permit I holders); and 49 Pa. Code § 33.340b (relating to duties of dentists who are restricted permit II holders).
§ 33.210. Storage of drugs.
Dentists who administer or dispense drugs shall comply with the following standards:
(1) Each drug storage area shall be maintained in a clean and orderly condition.
(i) The storage area shall be dry, well ventilated and well lighted. Provision shall be made for adequate dust, humidity and temperature controls to ensure drug stability.
(ii) The storage area shall contain only drugs and related supplies and equipment which are necessary for the administration and dispensing of drugs to the dentists own patients.
(iii) Drugs in the storage area shall be accurately labeled. Until a drug is administered or dispensed to a dental patient, it shall be kept in the manufacturers original container showing the manufacturers lot number and the expiration date.
(iv) Drugs in the storage area shall be free from adulteration. Appropriate procedures shall be established to minimize the hazards of cross contamination.
(v) Outdated or deteriorated drugs shall be identified as such and shall be segregated in the storage area pending their return to the manufacturer or their appropriate disposal. The dentist shall maintain records reflecting the final disposition of these products.
(2) Controlled substances shall be stored in a substantially constructed, locked container such as a cabinet or safe. Access to the locked container where controlled substances are kept in order to clean, replenish supplies or perform other necessary functions shall be allowed only when a dentist is present and supervising.
(3) The dentist shall provide for the safe, secure and sanitary disposal of drug-containing refuse.
(4) This section prescribes minimum standards for the storage of drugs in dental offices. It does not relieve a dentist from complying with more stringent standards that may be imposed by another regulation or by statute.
(5) A dentists failure to comply with this section will be considered unprofessional conduct and will subject the noncomplying dentist to disciplinary action as authorized in section 4.1(a)(8) of the act (63 P. S. § 123.1(a)(8)).
Source The provisions of this § 33.211 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.211 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; amended January 20, 1978, January 21, 1978, 8 Pa.B. 203; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3972; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359. Immediately preceding text appears at serial pages (223044) to (233045).
§ 33.212. Misleading, deceptive, untrue or fraudulent representations.
As used in section 4.1(a)(2) of the act (63 P. S. § 123.1(a)(2)), the phrase misleading, deceptive, untrue or fraudulent representations includes the following conduct by dentists, dental hygienists and expanded function dental assistants:
(1) Misrepresenting or concealing a material fact in obtaining, renewing or seeking reinstatement of a license or certificate.
(2) Misrepresenting or concealing a material fact in obtaining payment for dental services.
(3) Writing a prescription for a controlled substance or other medication in the name of a person other than for whom the controlled substance or other medication is intended under § § 33.207 and 33.208 (relating to prescribing, administering and dispensing controlled substances; and prescribing, administering and dispensing medications).
(4) Falsifying a patients record regarding treatment or the issuance of a controlled substance or other medication.
Authority The provisions of this § 33.212 amended under sections 25.1, 1011.5 and 11.7 of the Dental Law (63 P. S. § § 121124.1, 129129.1, 130, 130e and 130h).
Source The provisions of this § 33.212 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; reserved April 28, 1989, effective April 29, 1989, 19 Pa.B. 1840; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359. Immediately preceding text appears at serial page (223045).
Cross References The provisions of this § 33.213 adopted January 18, 1965; amended Septemb