Current through Register Vol. 54, No. 42, October 19, 2024
Section 33.211 - Unprofessional conduct(a)Dentists. Unprofessional conduct, as defined in section 4.1(a)(8) of the act (63 P. S. § 123.1(a)(8)), includes the following conduct by a dentist:(1) Knowingly or negligently employing as a dentist, dental hygienist or expanded function dental assistant a person whose license or certificate is not current or has been suspended or revoked.(2) Failing to carry out supervisory responsibility with regard to auxiliary personnel or dental residents/interns.(3) Delegating to a person duties that the dentist knows, or has reason to know, the person is not competent to perform or not authorized to perform.(4) Withdrawing dental services after a dentist-patient relationship has been established so that the patient is unable to obtain necessary dental care in a timely manner.(5) Physically, sexually or verbally abusing a patient.(6) Unnecessarily exposing a patient to ionizing radiation.(7) Failing to follow current infection-control recommendations issued by the Federal Centers for Disease Control or to ensure that auxiliary personnel and other supervisees follow these Federal guidelines.(8) Failing to provide necessary dental care to a patent in a timely manner or to apprise the patient of the need for the care.(9) Failing to make available to a patient, within 30 days of a request, information sufficient to enable the patient to complete an insurance form.(b)Dental hygienists. Unprofessional conduct, as defined in section 4.1(a)(8) of the act includes the following conduct by a dental hygienist: (1) Practicing as a dental hygienist without the supervision of a dentist.(2) Performing a service that the dental hygienist knows, or has reason to know, the hygienist is not competent to perform or not authorized to perform.(3) Physically, sexually or verbally abusing a patient.(4) Failing to follow current infection-control recommendations issued by the Federal Centers for Disease Control.(5) Unnecessarily exposing a patient to ionizing radiation.(c)Expanded function dental assistants. Unprofessional conduct, as defined in section 4.1(a)(8) of the act includes the following conduct by an expanded function dental assistant: (1) Practicing as an expanded function dental assistant without the direct supervision of a dentist.(2) Performing a service that the expanded function dental assistant is not competent or not authorized to perform.(3) Physically, sexually or verbally abusing a patient.(4) Failing to follow current infection-control recommendations issued by the Federal Centers for Disease Control.(5) Providing ionizing radiation in violation of § 33.302 (relating to auxiliary personnel performing radiologic procedures).The provisions of this §33.211 adopted January 18, 1965; amended September 12, 1975, effective 9/13/1975, 5 Pa.B. 2397; amended January 20, 1978, January 21, 1978, 8 Pa.B. 203; amended July 20, 1990, effective 7/21/1990, 20 Pa.B. 3972; amended June 23, 1995, effective 6/24/1995, 25 Pa.B. 2492; amended May 12, 2000, effective 5/13/2000, 30 Pa.B. 2359.The provisions of this §33.211 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).