63 Pa. Stat. § 121

Current through Pa Acts 2024-53, 2024-56 through 2024-79
Section 121 - Definitions

A person engages in the "Practice of Dentistry," within the meaning of this act, who diagnoses, treats, operates on, or prescribes for any disease, pain or injury, or regulates any deformity or physical condition, of the human teeth, jaws, or associated structures, or conducts a physical evaluation, or administers anesthetic agents, or uses ionizing radiation in the course of dental practice, or who fits, constructs, and inserts any artificial appliance, plate, or denture for the human teeth or jaws, or who holds himself or herself out as being able or legally authorized to do so. The term "Practice of Dentistry" includes the practice of dentistry under a restricted faculty license. The term "Practice of Dentistry" does not include:

(a) The practice of any of the healing arts by duly licensed practitioners.
(b) The extracting of teeth or relieving pain by a licensed physician or surgeon in emergencies, or the making of applications for such purposes.
(c) The practice of dentistry by a duly licensed practitioner of dentistry of any other state or country, for the limited purpose of consultation with respect to any case under treatment in this Commonwealth, or of demonstrating before any duly authorized dental society in this Commonwealth.
(d) [Deleted by 2014 Amendment.]
(e) The practice of dentistry in clinical departments and laboratories of dental schools and their affiliated facilities approved by the board in the Commonwealth, by bona fide students pursuing a course of study leading to the degree of Doctor of Dental Surgery or Doctor of Dental Medicine.
(f) The practice of dentistry in a dental clinic operated not for profit for the duration of an internship, residency or other graduate training program approved by the American Dental Association Commission on Dental Accreditation or a dental anesthesiology training program that meets the standards of an accrediting body acceptable to the board, by persons having acquired the preliminary and professional education required for admission into the program, after notification to the board.
(g) The practice of dentistry in a clinical continuing education course offered by a dental school in this Commonwealth for a duration of twenty days or less, either continuous or in several sessions, where dentists licensed in the United States or other countries work under the direct supervision of dentists licensed by the Commonwealth, and delivered within the educational facilities of a dental school in this Commonwealth that is approved by the American Dental Association Commission on Dental Accreditation.

"Community-based Clinic" means an organized clinic offering primary health services to low-income individuals or to residents in medically underserved areas or health professional shortage areas. The term includes a State health center, nonprofit community-based clinic and a federally qualified health center.

A "Dental Hygienist" is one who is legally licensed as such by the State Board of Dentistry to perform those educational, preventive, and therapeutic services and procedures that licensed dental hygienists are educated to perform. Licensed dentists may assign to dental hygienists intra-oral procedures which the hygienists have been educated to perform and which require their professional competence and skill but which do not require the professional competence and skill of the dentist. Such assignments shall be under the supervision of a licensed dentist. Such performance of intra-oral procedures by licensed dental hygienists shall be in the private office of a dentist or public or private institution such as prescribed under section 11.9(b). Dental hygienists certified as public health dental hygiene practitioners may perform intra-oral procedures without the assignment of a dentist pursuant to section 11.9. The foregoing shall not be construed as authorizing the assignment of diagnosing, treatment planning and writing prescriptions for drugs or writing authorizations for restorative, prosthetic, or orthodontic appliances. The board shall issue rules setting forth the necessary education and defining the procedures that may be performed by dental hygienists licensed under this act including those procedures that may be performed under direct and general supervision.

The word "board," as used in this act, means the State Board of Dentistry.

"General Anesthesia" is a controlled state of unconsciousness, including deep sedation, accompanied by the partial or complete loss of protective reflexes which includes the patient's inability to independently maintain an airway and respond purposefully to physical stimulation or verbal command, produced by a pharmacologic or nonpharmacologic method, or combination thereof.

"Analgesia" means the diminution or elimination of pain in the conscious patient.

"Conscious Sedation" means a minimally depressed level of consciousness which retains the patient's ability to independently and continuously maintain an airway and respond appropriately to physician stimulation or verbal command, produced by a pharmacologic or nonpharmacologic method, or combination thereof.

"Expanded Function Dental Assistant" means an individual who holds a current valid certification under this act to perform reversible intraoral procedures authorized by this act under the direct supervision of a licensed dentist and under an assignment of duties by a dentist, as defined in section 11.8. An expanded function dental assistant may, under direct supervision, perform those procedures specified in section 11.10 and other reversible procedures not designated by this act to be performed by licensed dentists or dental hygienists. For purposes of this definition, "direct supervision" shall mean that a dentist is in the dental office or treatment facility, personally diagnoses the condition to be treated, personally authorizes the procedure and remains in the dental office or treatment facility while the procedure is being performed and, before dismissal of the patient, personally evaluates the work performed.

"Foreign dental schools" means the dental schools which have not been approved by the Commission on Accreditation of the American Dental Association and which are located in countries other than the United States or Canada.

"Public Health Dental Hygiene Practitioner" means a licensed dental hygienist who may perform educational, preventive, therapeutic and intra-oral procedures which the hygienist is educated to perform and which require the hygienist's professional competence and skill but which do not require the professional competence and skill of a dentist without the authorization, assignment or examination of a dentist, and who is certified by the State Board of Dentistry as having satisfied the requirements of section 11.9. Public health dental hygiene practitioners may only engage in professional practice in the practice sites enumerated in section 11.9(b)

"Restricted Faculty License" means a license granted to an individual for the limited purpose of teaching, including clinical teaching, in a dental school or advanced dental education program as a faculty member at an accredited dental school in this Commonwealth.

"Volunteer License" means a license issued to qualified individuals who retire from active practice and seek to provide professional services as a volunteer in community-based clinics without remuneration.

63 P.S. § 121

Amended by P.L. TBD 2015 No. 60, § 1, eff. 1/3/2016.
Amended by P.L. 828 2014 No. 89, § 1, eff. 8/31/2014.
Amended by P.L. 638 2012 No. 65, § 1, eff. 8/21/2012.
1933, May 1, P.L. 216, § 2, effective Jan. 1, 1934. Amended 1937, April 30, P.L. 554, § 1; 1949, April 20, P.L. 660, § 1; 1951, July 6, P.L. 1004, § 10; 1959, May 13, P.L. 316, § 1; 1972, July 12, P.L. 866, No. 196, § 1; 1984, Feb. 9, P.L. 23, No. 9, § 1, effective in 30 days; 1985, Dec. 20, P.L. 513, No. 118, § 1, effective Jan. 1, 1986; 1992, Dec. 16, P.L. 1222, No. 160, § 1, effective in 60 days; 1994, Dec. 27, P.L. 1361, No. 160, § 1, imd. effective; 2007, July 20, P.L. 327, No. 51, § 1, effective in 60 days [Sept. 18, 2007]; 2010, April 29, P.L. 176, No. 19, § 1, effective in 60 days [June 28, 2010].