Subchapter B. LICENSURE OF DENTISTS AND
DENTAL HYGIENISTS

 (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).

   The provisions of this §  33.101 amended under sections 2—5.1, 10—11.5 and 11.7 of the Dental Law (63 P. S. § §  121—124.1, 129—129.1, 130, 130e and 130h).

 (a)  Dentists.

   (1)  Candidates for licensure as dentists shall show compliance with section 3(c) of the act (63 P. S. §  122(c)) which requires a diploma from an ‘‘approved institution or college,’’ by submitting certification of graduation from a dental school accredited or provisionally accredited by the Commission on Accreditation of the American Dental Association.

   (2)  Candidates for licensure who received their professional education outside the United States in a nonaccredited school may satisfy the education requirement by submitting their credentials to an accredited or provisionally accredited school and obtaining additional preclinical and clinical training that will lead to the awarding of the D.M.D. or D.D.S. degree by that school.

 (b)  Dental hygienists.

   (1)  Candidates for licensure as dental hygienists shall show compliance with section 3(d) of the act by submitting certification of graduation from a dental hygiene school accredited or provisionally accredited by the Commission on Accreditation of the American Dental Association, if the school’s dental hygiene course of study comprises a minimum of 2 years of at least 32 weeks of at least 30 hours each week or its equivalent.

   (2)  Candidates for licensure who received their professional education outside the United States in a nonaccredited school may satisfy the education requirement by submitting their credentials to an accredited or provisionally accredited school and obtaining additional training that will lead to the awarding of a degree in dental hygiene by that school.

 (c)  Expanded function dental assistants.

   (1)  Candidates for certification as expanded function dental assistants shall show compliance with section 3(d.1) of the act by submitting verification of one of the following:

     (i)   Graduation from an expanded function dental assisting program at a 2-year college or other institution accredited or provisionally accredited by an accrediting agency approved by the United States Department of Education Council on Postsecondary Accreditation which offers an Associate Degree.

     (ii)   Graduation from a dental hygiene school which required the successful completion of at least 75 hours of clinical and didactic instruction in restorative functions accredited or provisionally accredited by the Commission on Accreditation of the American Dental Association.

     (iii)   Completion of a certification program in expanded function dental assisting of at least 200 hours of clinical and didactic instruction from a dental assisting program accredited by one of the following:

       (A)   The Commission on Dental Accreditation of the American Dental Association.

       (B)   An accrediting agency approved by the United States Department of Education Council on Postsecondary Accreditation whose expanded function educational standards are approved by the Board.

   (2)  Candidates for certification who receive their professional education outside the United States or from a nonaccredited program may satisfy the education requirement by submitting their credentials to a program listed in paragraph (1) and obtaining additional training that will lead to the awarding of a degree by that school.

   (3)  This subsection does not apply to persons who are not required to meet the educational requirements under section (3)(d.1)(2) of the act.

   The provisions of this §  33.102 amended under sections 2—5.1, 10—11.5 and 11.7 of the Dental Law (63 P. S. § §  121—124.1, 129—129.1, 130, 130e and 130h).

 (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.

   The provisions of this §  33.103 amended under sections 2—5.1, 10—11.5 and 11.7 of the Dental Law (63 P. S. § §  121—124.1, 129—129.1, 130, 130e and 130h).

 (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. § §  1401-101—1401-501), 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.

   The provisions of this §  33.104 amended under sections 2—5.1, 10—11.5 and 11.7 of the Dental Law (63 P. S. § §  121—124.1, 129—129.1, 130, 130e and 130h).

 (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.

   The provisions of this §  33.105 amended under sections 2—5.1, 10—11.5 and 11.7 of the Dental Law (63 P. S. § §  121—124.1, 129—129.1, 130, 130e and 130h).

 (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.

   The provisions of this §  33.106 amended under sections 2—5.1, 10—11.5 and 11.7 of the Dental Law (63 P. S. § §  121—124.1, 129—129.1, 130, 130e and 130h).

 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 applicant’s qualifications.

   The provisions of this §  33.107 amended under sections 2—5.1, 10—11.5 and 11.7 of the Dental Law (63 P. S. § §  121—124.1, 129—129.1, 130, 130e and 130h).

 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).

   The provisions of this §  33.108 amended under sections 2—5.1, 10—11.5 and 11.7 of the Dental Law (63 P. S. § §  121—124.1, 129—129.1, 130, 130e and 130h).

 (a)  A licensee’s or certificate holder’s 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 licensee’s or certificate holder’s most recent name and address on file with the Board will be deemed the licensee’s or certificate holder’s official name and address for purposes of service of process and other legal papers.

   The provisions of this §  33.109 amended under sections 2—5.1, 10—11.5 and 11.7 of the Dental Law (63 P. S. § §  121—124.1, 129—129.1, 130, 130e and 130h).

 (a)  Purpose and definitions.

   (1)  The following subsections implement the Volunteer Health Services Act (35 P. S. § §  449.41—449.50) and provide for the issuance of a volunteer license to a qualified individual who retires from active practice and seeks to provide professional services as a volunteer. A volunteer license authorizes the holder to practice only in an organized community-based clinic without remuneration.

   (2)  The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

   Approved clinic—

     (i)   An organized community-based clinic offering primary health care services to individuals and families who cannot pay for their care, to Medical Assistance clients or to residents of medically underserved areas or health professionals shortage areas.

     (ii)   The term includes a State health center, nonprofit community-based clinic and Federally qualified health center, as designated by Federal rulemaking or as approved by the Department of Health or the Department of Public Welfare.

   Unrestricted license—A license which is not restricted or limited by order of the Board under its disciplinary power.

 (b)  License. A volunteer license may be issued to a licensee or certificateholder of the Board who documents to the satisfaction of the Board that the licensee will practice without personal remuneration in approved clinics and meets one of the following conditions:

   (1)  Holds a currently renewed, active, unrestricted license, registration or certificate in this Commonwealth and retires from active practice at the time the licensee applies for a volunteer license.

   (2)  Retires from the active practice of dentistry, or as a dental hygienist or as an expanded function dental assistant in this Commonwealth in possession of an unrestricted license, registration or certificate which was allowed to lapse by not renewing it. A retired licensee, registrant or certificateholder shall meet any requirements of the act or the regulations pertaining to continued education or continued competency to be eligible for renewal.

 (c)  Applications. An applicant for a volunteer license shall complete an application obtained from the Board. In addition to providing information requested by the Board, the applicant shall provide:

   (1)  An executed verification on forms provided by the Board certifying that the applicant intends to practice exclusively:

     (i)   Without personal remuneration for professional services.

     (ii)   In an approved clinic.

   (2)  A letter signed by the director or chief operating officer of an approved clinic that the applicant has been authorized to provide volunteer services in the named clinic by the governing body or responsible officer of the clinic.

 (d)  Validity of license. A volunteer license shall be valid for the biennial period for which it is issued, subject to biennial renewal. During each biennial renewal period, the volunteer license holder shall notify the Board of any change in clinic or volunteer status within 30 days of the date of the change, or at the time of renewal, whichever occurs first.

 (e)  Biennial renewal. A volunteer license shall be renewed biennially on forms provided by the Board.

   (1)  As a condition of biennial renewal, the applicant shall satisfy the same continuing education requirements as the holder of an active, unrestricted license.

   (2)  The applicant shall be exempt from payment of the biennial renewal fee in §  33.3 (relating to fees).

 (f)  Return to active practice. A volunteer license holder who desires to return to active practice shall notify the Board and apply for biennial registration on forms provided by the Board.

 (g)  Disciplinary provisions. A volunteer license holder shall be subject to the disciplinary provisions of the act and this chapter. Failure of the licensee to comply with the Volunteer Health Services Act or this section may also constitute grounds for disciplinary action.

 (h)  Permits to administer general anesthesia, deep sedation, conscious sedation or nitrous oxide/oxygen analgesia.

   (1)  A dentist who applies for a volunteer license under subsection (b) who holds a current permit to administer anesthetic modalities may also apply for reissuance of an unrestricted or restricted permit of the type issued to the dentist as an active licensee under §  33.333 (relating to types of permits).

   (2)  A retired dentist who applies under subsection (b)(1) and (2) for a volunteer license who, within 2 years of the date of application, held an unrestricted permit or a restricted permit I, may apply for reissuance of the permit, but shall be required to comply with §  33.336a (relating to requirements for unrestricted permit and restricted permit I) by completing:

     (i)   An attestation in accordance with §  33.336a(b).

     (ii)   ACLS/PALS certification in accordance with §  33.336a(c).

     (iii)   Continuing anesthesia education in accordance with §  33.336a(d).

   (3)  A retired dentist who applies under subsection (b)(1) and (2) for a volunteer license who, within 5 years of the date of application, held a restricted permit II may apply for reissuance of the permit, but shall be required to comply with §  33.337(b) (relating to requirements for restricted permit II) by providing:

     (i)   A statement containing the make, model and serial number of nitrous oxide/oxygen analgesia equipment.

     (ii)   A certification that the equipment is properly calibrated, maintained, contains a fail-safe system and is in working order.

     (iii)   An attestation that the applicant has written procedures for handling emergencies.

   (4)  A dentist who applies for a volunteer license who does not qualify for a permit under paragraphs (1)—(3) and who wishes to administer general anesthesia, deep sedation, conscious sedation or nitrous oxide/oxygen analgesia under §  33.332(a) (relating to requirement of permit to administer general anesthesia, deep sedation, conscious sedation or nitrous oxide/oxygen analgesia) shall satisfy the educational requirements of §  33.335(a)(1), §  33.336 or §  33.337(a) (relating to requirements for unrestricted permit; requirements for restricted permit I; and requirements for restricted permit II), as applicable.

   (5)  Volunteer license holders will not be subject to any fee for the issuance, reissuance or renewal of a permit under this subsection.

     (i)   Supervision. Volunteer dental hygienists shall meet the supervision requirements of §  33.205(c)(1) (relating to practice as a dental hygienist). Volunteer expanded function dental assistants shall meet the supervision requirements of section 2 of the act (63 P. S. §  121).

   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)).

 (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.

   The provisions of this §  33.114 amended under sections 2—5.1, 10—11.5 and 11.7 of the Dental Law (63 P. S. § §  121—124.1, 129—129.1, 130, 130e and 130h).

   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).