Subchapter D. PERFORMANCE OF RADIOLOGIC PROCEDURES
BY AUXILIARY PERSONNEL

§ 33.301. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Ionizing radiation—Gamma rays and X-rays; alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles. The term does not include ultrasound, sound or radio waves or visible, infrared or ultraviolet light.

   Premises of the dentist—A location at which a dentist practices dentistry, other than a health care facility regulated by the Department of Health, Department of Public Welfare or the Federal government.

   Radiologic procedure—A dental diagnostic procedure that utilizes ionizing radiation.

   Radiologic procedure examination—An examination adopted by the Board for auxiliary personnel performing radiologic procedures in the office of a licensed dentist in this Commonwealth.

   The provisions of this §  33.301 issued under section 11.4 of The Dental Law (63 P. S. §  130e).

 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).

 The testing organization charged with administering the radiologic procedure examination will provide examination application materials to licensed dentists in this Commonwealth and to educational institutions and professional associations designated by the Bureau for distribution to auxiliary personnel who wish to apply to take the examination.

   The provisions of this §  33.303 issued under section 11.4 of The Dental Law (63 P. S. §  130e).

 Examination candidates shall pay fees directly to the testing organization charged with administering the radiologic procedure examination.

   The provisions of this §  33.304 issued under section 11.4 of The Dental Law (63 P. S. §  130e).

 The testing organization charged with administering the radiologic procedure examination will begin accepting applications to take the examination on August 22, 1987. On and after January 1, 1988, no auxiliary person may administer radiologic procedures on the premises of a dentist except as set forth in this subchapter.

   The provisions of this §  33.305 issued under section 11.4 of The Dental Law (63 P. S. §  130e).

   The provisions of this §  33.305 adopted August 21, 1987, effective August 22, 1987, 17 Pa.B. 3477.