Subchapter B. LICENSURE OF DENTISTS AND
DENTAL HYGIENISTS AND CERTIFICATION OF EXPANDED FUNCTION DENTAL ASSISTANTS


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 and certificates.
33.107.    Licensure and certification by criteria approval.
33.108.    Transfers out-of-State.
33.109.    Licensee’s and certificate holder’s 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.
33.115.    Local anesthesia permit.
33.116.    Certification of public health dental hygiene practioners.
33.117.    EFDA program approval.
33.121.    [Reserved].
33.122.    [Reserved].
33.123.    [Reserved].
33.124.    [Reserved].
33.125—33.128.       [Reserved].
33.131.    [Reserved].
33.132—33.134.       [Reserved].
33.135—33.140.       [Reserved].
33.141.    [Reserved].
33.141a.    [Reserved].
33.142.    [Reserved].
33.143.    [Reserved].
33.144.    [Reserved].
33.145.    [Reserved].
33.146.    [Reserved].
33.151.    [Reserved].
33.161.    [Reserved].
33.162.    [Reserved].
33.163.    [Reserved].
33.164.    [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. § §  122—130), 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 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).

Source

   The provisions of this §  33.101 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; 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 (238316).

§ 33.102. Professional education.

 (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 an approved United States Department of Education-recognized regional accrediting agency or the Commission on Dental Accreditation (CODA) 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 a Board-approved EFDA 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 Dental Accreditation (CODA) of the American Dental Association.

     (iii)   Completion of a Board-approved EFDA program, which offers a certificate or diploma, consisting 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 (CODA) 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)  The Board will approve EFDA programs that meet the criteria in §  33.117 (relating to EFDA program approval). A list of Board-approved EFDA programs will be maintained on the Board’s web site.

   (3)  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.

   (4)  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.

Authority

   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).

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; amended December 11, 2009, effective December 12, 2009, 39 Pa.B. 6982; amended February 10, 2012, effective February 11, 2012, 42 Pa.B. 769. Immediately preceding text appears at serial pages (346645) to (346646) and (349677).

Cross References

   This section cited in 49 Pa. Code §  33.117 (relating to EFDA program approval).

§ 33.103. Examinations.

 (a)  Dentists. Candidates for licensure shall pass the National Board Dental Examination (written examination) and the dental clinical examination administered by one of the following:

   (1)  The North East Regional Board of Dental Examiners, Inc. (NERB).

   (2)  The Southern Regional Testing Agency, Inc. (SRTA).

   (3)  The Western Regional Examining Board (WREB).

   (4)  The Central Regional Dental Testing Service, Inc. (CRDTS).

   (5)  The Council of Interstate Testing Agencies, Inc. (CITA).

 (b)  Dental hygienists. Candidates for licensure shall pass the National Board Dental Hygiene Examination (written examination) and the dental hygiene clinical examination administered by one of the following:

   (1)  The North East Regional Board of Dental Examiners, Inc. (NERB).

   (2)  The Southern Regional Testing Agency, Inc. (SRTA).

   (3)  The Western Regional Examining Board (WREB).

   (4)  The Central Regional Dental Testing Service, Inc. (CRDTS).

   (5)  The Council of Interstate Testing Agencies, Inc. (CITA).

 (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 dental or dental hygiene clinical examinations 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 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).

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; amended May 14, 2010, effective May 15, 2010, 40 Pa.B. 2532. Immediately preceding text appears at serial pages (346647) and (342139).

§ 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. § §  1401-101—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.

Authority

   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).

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 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).

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).

Cross References

   This section cited in 49 Pa. Code §  43b.14a (relating to civil penalties—dentists, dental hygienists and expanded function dental assistants).

§ 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 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).

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 applicant’s qualifications.

Authority

   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).

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 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).

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. Licensee’s and certificate holder’s change of name or address; service of process and legal papers.

 (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.

Authority

   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).

Source

   The provisions of this §  33.109 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).

§ 33.110. Volunteer license.

 (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).

Authority

   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 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).

Source

   The provisions of this §  33.114 adopted May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359.

§ 33.115. Local anesthesia permit.

 (a)  Permit required. A dental hygienist shall possess a current permit issued by the Board under this section before administering local anesthesia to a patient in a dental office. For purposes of this section, the term ‘‘local anesthesia’’ includes local infiltration anesthesia and intraoral nerve block anesthesia limited to the 2nd (maxillary) and 3rd (mandibular) divisions of the trigeminal nerve.

 (b)  Application. A dental hygienist who desires to obtain a permit to administer local anesthesia shall submit an application on a form provided by the Board, pay the permit fee prescribed in §  33.3 (relating to fees) and meet the qualifications for the permit as prescribed in this section.

 (c)  Qualifications. To obtain a local anesthesia permit, a dental hygienist shall:

   (1)  Hold a current license in good standing to practice as a dental hygienist in this Commonwealth.

   (2)  Hold current certification in Basic Life Support (BLS).

   (3)  Provide to the Board one of the following:

     (i)   Certification of education by the dental hygiene program on a form provided by the Board verifying that the dental hygienist graduated, within the 5 years immediately preceding the filing of the application for local anesthesia permit, from a dental hygiene program that meets the following criteria:

       (A)   The dental hygiene program is accredited by the American Dental Association’s Commission on Dental Accreditation (CODA).

       (B)   The dental hygiene program included the successful completion of a didactic and clinical course in the administration of local anesthesia.

     (ii)   Certification of education by the dental or dental hygiene program on a form provided by the board verifying that the dental hygienist successfully completed, within the 5 years immediately preceding the filing of the application for local anesthesia permit, a course consisting of a minimum of 30 hours of didactic and clinical instruction in the administration of local anesthesia sponsored by a dental or dental hygiene education program accredited by CODA.

     (iii)   A certificate or letter of good standing from the proper licensing authority of another state, territory or district of the United States, or of a province or territory of Canada, verifying that the dental hygienist possesses a current license or permit issued by the proper licensing authority of another state, territory or district of the United States, or by the proper licensing authority of a province or territory of Canada, where the dental hygienist is authorized under the laws of that jurisdiction to administer local anesthesia, provided that the following additional conditions are met:

       (A)   The jurisdiction where the dental hygienist is so licensed or permitted requires completion of a course in the administration of local anesthesia accredited by CODA or by the Commission on Dental Accreditation of Canada (CDAC) prior to obtaining certification, endorsement or other such authority.

       (B)   The dental hygienist signs a certification statement on the application for a local anesthesia permit verifying that the dental hygienist actively engaged in the administration of local anesthesia under a current license or permit within the 5 years immediately preceding the filing of the application for a local anesthesia permit.

       (C)   The dental hygienist signs a certification statement on the application for a local anesthesia permit verifying that, at all times prior to filing the application for local anesthesia permit, the dental hygienist administered local anesthesia in accordance with all applicable laws and regulations of the jurisdiction where the dental hygienist is so licensed or permitted.

       (D)   The jurisdiction where the dental hygienist is so licensed or permitted verifies that there has been no disciplinary action taken against the dental hygienist relating to the administration of local anesthesia.

 (d)  Expiration and biennial renewal. A local anesthesia permit issued by the Board under this section will expire at the same time as the permitholder’s dental hygiene license but may be renewed biennially at the same time the dental hygiene license is renewed. A dental hygienist who desires to renew a local anesthesia permit shall submit the following:

   (1)  A renewal application on a form provided by the Board.

   (2)  The permit renewal fee set forth in §  33.3.

   (3)  Proof of current certification in BLS.

Authority

   The provisions of this §  33.115 issued under sections 3(d), (j.2) and (o) of The Dental Law (63 P. S. §  122(d), (j.2) and (o)).

Source

   The provisions of this §  33.115 adopted December 11, 2009, effective December 12, 2009, 39 Pa.B. 6982.

Cross References

   This section cited in 49 Pa. Code §  33.205 (relating to practice as a dental hygienist).

§ 33.116. Certification of public health dental hygiene practitioners.

 (a)  Application. A licensed dental hygienist who desires to obtain certification as a public health dental hygiene practitioner shall submit an application on a form provided by the Board, pay the application fee prescribed in §  33.3 (relating to fees) and meet the qualifications for certification as prescribed in this section.

 (b)  Qualifications. To qualify for certification as a public health dental hygiene practitioner, a dental hygienist shall:

   (1)  Hold a current license in good standing to practice as a dental hygienist in this Commonwealth.

   (2)  Provide to the Board a certification statement signed by a licensed dentist verifying that the dental hygienist has completed 3,600 hours of practice as a licensed dental hygienist under the supervision of the licensed dentist.

   (3)  Provide to the Board documentation demonstrating that the dental hygienist has obtained professional liability insurance or is a named insured covered by a group policy in the minimum amount of $1,000,000 per occurrence and $3,000,000 per annual aggregate. This documentation may include a certificate of insurance issued by the insurer, or a copy of the declarations page of the professional liability insurance policy.

 (c)  Expiration and biennial renewal. A certificate issued by the Board under this section will expire at the same time as the certificateholder’s dental hygiene license but may be renewed biennially at the same time the dental hygiene license is renewed. A dental hygienist who desires to renew a public health dental hygiene practitioner certificate shall submit the following:

   (1)  A renewal application on a form provided by the Board.

   (2)  The permit renewal fee set forth in §  33.3.

Authority

   The provisions of this §  33.116 issued under section 3(d), (j.2) and (o) of The Dental Law (63 P. S. §  122(d), (j.2) and (o)).

Source

   The provisions of this §  33.116 adopted December 11, 2009, effective December 12, 2009, 39 Pa.B. 6982.

§ 33.117. EFDA program approval.

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

   Clinical evaluation—An evaluation system based on observation of a student’s performance of clinical skills in contexts that resemble those the student will be expected to encounter as an expanded function dental assistant in a dental office.

   Clinical instruction—A learning experience in a clinical setting where the student performs expanded functions on patients under the supervision of an instructor.

   Clinical setting

     (i)   A setting in which expanded function dental assisting procedures are performed through direct patient care.

     (ii)   The term does not include a setting where procedures are performed on typodonts, manikins or by other simulation methods.

   Competencies—Statements describing the necessary requirements to perform each procedure in §  33.205a (relating to practice as an expanded function dental assistant) to the level required to meet the acceptable and prevailing standard of care within the dental community in this Commonwealth.

   Competent—Having sufficient knowledge, skill and expertise in performing expanded functions to meet and maintain the acceptable and prevailing standard of care within the dental community in this Commonwealth.

   Laboratory or preclinical instruction—A learning experience in which students perform expanded functions using study models, typodonts, manikins or other simulation methods under the supervision of the instructor.

 (b)  Application. EFDA programs shall apply for Board approval on forms to be provided by the Board and pay the fee in §  33.3 (relating to fees). The application must include the following information:

   (1)  The EFDA program goals and objectives.

   (2)  The criteria for measuring competencies.

   (3)  Documentation of accreditation as required under section 3(d.1) of the act (63 P. S. §  122(d.1)).

   (4)  The curriculum vitae and job description of the EFDA program director.

   (5)  The curriculum vitae and job description of each faculty member assigned to the EFDA program.

   (6)  A description of the physical facilities and equipment used by the EFDA program for laboratory, preclinical and clinical instruction.

   (7)  A copy of the formal written agreement for the use of off-campus laboratory, preclinical or clinical facilities, if applicable.

   (8)  Course outlines, course descriptions or syllabi for the EFDA program curriculum.

   (9)  Other information related to the EFDA program requested by the Board.

 (c)  Requirements for approval. The Board will approve EFDA programs that meet the following requirements:

   (1)  Planning and assessment.

     (i)   The EFDA program shall delineate its program goals and objectives for preparing individuals in the expanded function dental assisting procedures in §  33.205a to a level consistent with the acceptable and prevailing standard of care within the dental community in this Commonwealth.

     (ii)   The EFDA program shall develop specific criteria for measuring levels of competency for the procedures in §  33.205a which reflect the acceptable and prevailing standards and expectations of the dental community. Students shall be evaluated by faculty according to these predetermined criteria.

     (iii)   The EFDA program shall record and retain student clinical evaluations as documentation of student competency for a minimum of 5 years from the student’s graduation or completion of the EFDA program.

   (2)  Institutional accreditation. The EFDA program shall comply with the accreditation requirements of section 3(d.1) of the act and §  33.102(c) (relating to professional education).

   (3)  Program director. The EFDA program shall identify a program director who is responsible for and involved in the following:

     (i)   Student selection.

     (ii)   Curriculum development and implementation.

     (iii)   Ongoing evaluation of program goals, objectives, content and outcomes assessment.

     (iv)   Annual evaluations of faculty performance including a discussion of the evaluation with each faculty member.

     (v)   Evaluation of student performance and maintenance of competency records for 5 years from graduation or completion of the EFDA program.

     (vi)   Participation in planning for and operation of facilities used in the EFDA program.

     (vii)   Evaluation of the clinical training and supervision provided in affiliated offices and off-campus facilities, as applicable.

     (viii)   Maintenance of records related to the EFDA program, including instructional objectives and course outcomes.

     (ix)   Instruction of licensed dentists overseeing off-campus clinical procedures performed by expanded function dental assistant students to ensure that the policies and procedures of the off-campus facility are consistent with the philosophy and objectives of the EFDA program.

   (4)  Faculty. An EFDA program faculty member shall either be a dentist who holds a current license in good standing from the Board or meets the following criteria:

     (i)   Holds a current expanded function dental assistant certificate issued by the Board.

     (ii)   Has a minimum of 2 years of practical clinical experience as an expanded function dental assistant.

     (iii)   Holds National certification as a certified dental assistant issued by the Dental Assisting National Board.

     (iv)   Has completed a course in education methodology of at least 3 credits or 45 hours offered by an accredited institution of postsecondary education or complete a course in educational methodology no later than 18 months after employment as a faculty member.

   (5)  Facilities and equipment.

     (i)   The EFDA program shall provide physical facilities which provide space adequate to the size of its student body and sufficient to enable it to meet its educational objectives for laboratory, preclinical and clinical instruction.

     (ii)   The EFDA program shall provide equipment suitable to meet the training objectives of the course or program and shall be adequate in quantity and variety to provide the training specified in the course curriculum or program content.

     (iii)   If the EFDA program contracts for off-campus laboratory, preclinical or clinical instruction facilities, the following conditions must be met:

       (A)   There must be a formal written agreement between the EFDA program and the laboratory, preclinical or clinical facility.

       (B)   In off-campus clinical facilities, a licensed dentist shall oversee dental procedures performed on patients by EFDA program students. The licensed dentist shall receive instruction to ensure that the policies and procedures of the off-campus facility are consistent with the philosophy and objectives of the EFDA program.

     (iv)   The standards in this paragraph are equally applicable to extramural dental offices or clinic sites used for clinical practice experiences, such as internships or externships.

   (6)  Curriculum. The curriculum of an EFDA program must consist of the following components:

     (i)   General education. The EFDA program shall include general education subjects as determined by the educational institution with a goal of preparing the student to work and communicate effectively with patients and other health care professionals.

     (ii)   Dental sciences. The EFDA program shall include content in general dentistry related to the expanded functions in section 11.10(a) of the act (63 P. S. §  130k(a)) and as set forth in §  33.205a, including courses covering the following topics:

       (A)   Dental anatomy.

       (B)   Occlusion.

       (C)   Rubber dams.

       (D)   Matrix and wedge.

       (E)   Cavity classification and preparation design.

       (F)   Bases and liners.

       (G)   Amalgam restoration.

       (H)   Composite restoration.

       (I)   Sealants.

       (J)   Crown and bridge provisional fabrication.

       (K)   Dental law and ethics.

       (L)   Coronal polishing.

       (M)   Fluoride treatments, including fluoride varnish.

       (N)   Taking impressions of teeth for study models, diagnostic casts and athletic appliances.

     (iii)   Clinical experience component. The EFDA program shall include a minimum of 120 hours of clinical experience performing expanded function dental assisting procedures as an integral part of the EFDA program. The clinical experience component shall be designed to achieve a student’s clinical competence in each of the expanded function dental assisting procedures in §  33.205a.

   (7)  Demonstrating competency.

     (i)   General education. Students of the EFDA program shall be required to demonstrate competency in general education subjects by attaining a passing grade on examinations.

     (ii)   Laboratory and preclinical instruction. Students in the EFDA program shall be required to demonstrate competency by attaining a score of at least 80% in laboratory and preclinical courses. Students shall be required to demonstrate the knowledge and skills required to:

       (A)   Carve the anatomy of all teeth.

       (B)   Establish proper contact areas, embrasures, marginal adaptation, as well as facial and lingual heights of contour to restore the proper tooth form and function in restorative materials commonly used for direct restorations, such as amalgam and composite resin.

       (C)   Apply the basic concepts and terms of occlusion and carving concepts in the restoration of proper occlusal relationships.

       (D)   Describe the problems associated with improper contouring of restorations.

       (E)   Identify and differentiate G.V. Black’s cavity classifications.

       (F)   Select, prepare, assemble, place and remove a variety of matrices and wedges.

       (G)   Place and finish Class I—VI restorations with correct marginal adaptation contour, contact and occlusion.

       (H)   Assemble, place and remove rubber dams.

       (I)   Place sealants.

       (J)   Crown and bridge provisional fabrication.

       (K)   Understand the act and this chapter as they apply to an expanded function dental assistant’s responsibilities.

       (L)   Perform coronal polishing.

       (M)   Perform fluoride treatments, including fluoride varnish.

       (N)   Take impressions of teeth for study models, diagnostic casts and athletic appliances.

     (iii)   Clinical experience. EFDA program students shall be evaluated and deemed clinically competent by at least one licensed dentist evaluator in a clinical setting. The EFDA program director shall instruct the dentist clinical evaluators regarding the required competencies to ensure consistency in evaluation. Clinical competency is achieved when the dentist evaluator confirms the student has sufficient knowledge, skill and expertise in performing expanded functions to meet and maintain the acceptable and prevailing standard of care within the dental community in this Commonwealth.

     (iv)   Documenting competency.

       (A)   The EFDA program faculty and program director shall document the student’s general education, preclinical and laboratory competency attainment.

       (B)   The licensed dentist evaluator shall document the student’s clinical competency attainment prior to graduation from the EFDA program.

       (C)   The EFDA program director shall sign a statement certifying the student’s competency attainment in general education, laboratory and preclinical instruction, and clinical experience to the Board as part of the student’s application for certification as an expanded function dental assistant.

       (D)   The EFDA program shall retain supporting documentation evidencing the student’s competency attainment for a minimum of 5 years from graduation or completion of the EFDA program.

 (d)  Refusal or withdrawal of approval. The Board may refuse to approve an EFDA program or may remove an EFDA program from the approved list if it fails to meet and maintain the requirements set forth in this section, in accordance with the following:

   (1)  The Board will give an EFDA program notice of its provisional denial of approval or of its intent to remove the program from the approved list.

   (2)  The notice will set forth the requirements that are not being met or maintained by the EFDA program.

   (3)  A program served with a provisional denial or notice of intent to remove will be given 45 days in which to file a written answer to the notice.

   (4)  The EFDA program will be provided an opportunity to appear at a hearing to demonstrate why approval should not be refused or withdrawn.

   (5)  The Board will issue a written decision.

   (6)  The Board’s written decision is a final decision of a governmental agency subject to review under 2 Pa.C.S. §  702 (relating to appeals).

 (e)  Biennial renewal of EFDA program approval. EFDA program approvals are renewable for a 2-year period beginning on April 1 of each odd-numbered year. An EFDA program shall apply for renewal of Board approval on forms provided by the Board and pay the fee for biennial renewal in §  33.3. Upon applying for renewal, the EFDA program shall update all of the information required under subsection (b)(1)—(9) or certify that there have not been changes to the EFDA program.

Authority

   The provisions of this §  33.117 adopted under section 3(a), (b), (d.1)(1) and (o) of The Dental Law (63 P. S. §  122(a), (b), (d.1)(1) and (o)).

Source

   The provisions of this §  33.117 adopted February 10, 2012, effective February 11, 2012, 42 Pa.B. 769.

§ 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).

§ § 33.125—33.128. [Reserved].


Source

   The provisions of these § §  33.125—33.128 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).

§ § 33.132—33.134. [Reserved].


Source

   The provisions of these § §  33.132—33.134 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).

§ § 33.135—33.140. [Reserved].


Source

   The provisions of these § §  33.135—33.140 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).



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