§ 33.302. Auxiliary personnel performing radiologic procedures.

 The following auxiliary personnel may perform radiologic procedures on the premises of a dentist under the direct supervision of the dentist. These procedures include applying ionizing radiation on the maxilla, mandible and adjacent structures of human beings for diagnostic purposes. The dentist shall be on the premises when a radiologic procedure is performed. The dentist is not required to personally observe performance of the procedure.

   (1)  Dental hygienists currently licensed in this Commonwealth.

   (2)  Auxiliary personnel who have passed the radiologic procedure examination adopted by the Board.

   The provisions of this §  33.302 issued under section 11.4 of The Dental Law (63 P. S. §  130e).

   The provisions of this §  33.302 adopted August 21, 1987, effective August 22, 1987, 17 Pa.B. 3477; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492. Immediately preceding text appears at serial pages (121491) to (121492).

   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 association’s 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).

   This section cited in 49 Pa. Code §  33.205 (relating to practice as a dental hygienist); and 49 Pa. Code §  33.211 (relating to unprofessional conduct).