Section 122 - General powers of the State Board of DentistryThe State Board of Dentistry (hereinafter called the board) shall have the following powers and duties:
(a) To establish and alter, from time to time, the standards of preliminary and professional education and the training required for licensure to practice dentistry and as dental hygienists and certification for expanded function dental assistants.(b) To investigate and determine the acceptability and to approve and disapprove institutions and colleges of this State and of other states and countries for the education of students desiring to be licensed to practice dentistry or as dental hygienists or to be certified as expanded function dental assistants, and to revoke approvals where such institutions and colleges no longer are deemed proper.(c) To provide for and to regulate the licensing, and to license to practice dentistry, after examination, any duly qualified applicant, at least twenty-one years of age, of good moral character, not addicted to the use of intoxicating liquor or narcotic drugs, who has obtained the required education, together with a diploma from an approved institution or college conferring upon him or her the degree of doctor of dental surgery or other established dental degree. The board shall not issue a license to an applicant who has been convicted of a felony under the act of April 14, 1972 (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or of an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a felony under "The Controlled Substance, Drug, Device and Cosmetic Act," unless: (1) at least ten (10) years have elapsed from the date of conviction, (2) the applicant satisfactorily demonstrates to the board that he has made significant progress in personal rehabilitation since the conviction such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of his patients or the public or a substantial risk of further criminal violations, and (3) the applicant otherwise satisfies the qualifications contained in or authorized by this act. As used in this section the term "convicted" shall include a judgment, an admission of guilt or a plea of nolo contendere. (c.1) To provide for and to regulate the licensing, and to license to practice dentistry for the limited purpose of teaching, without examination, any qualified applicant whosatisfies the requirements of section 11.11.(d) To provide for and to regulate the licensing, and to license as a dental hygienist, after examination, any duly qualified person, not less than eighteen years of age, of good moral character, not addicted to the use of intoxicating liquor or narcotic drugs, who has obtained the required education for the training of dental hygienists from an approved institution or college that meets or exceeds the minimum standards established by an approved United States Department of Education-recognized regional accrediting agency or the American Dental Association Commission on Dental Accreditation. The board shall, consistent with this act, adopt regulations providing for the general supervision and practice of dental hygienists under this act.(d.1)(1) To provide for and to regulate the certification and to certify as an expanded function dental assistant any duly qualified person, not less than eighteen years of age, of good moral character, not addicted to the use of intoxicating liquor or narcotic drugs, who has:(i)(A) graduated from an expanded function dental assisting program at an accredited two-year college or other accredited institution which offers an associate degree;(B) graduated from an accredited dental hygiene program which required the successful completion of at least seventy-five hours of clinical and didactic instruction in restorative functions; or(C) completed a certification program in expanded function dental assisting of at least two hundred hours clinical and didactic instruction from an accredited dental assisting program; and(ii) passed an examination adopted by the board pursuant to subsection (e).(2) A person who on the effective date of this clause has been practicing as an expanded function dental assistant for at least five consecutive years prior to the effective date of this amendatory act and who presents a validation from the person's current dentist-employer may qualify for certification without satisfying the education requirements set forth in subclause (i) if the person passes the examination required by subclause (ii).(e) To prescribe the subjects, character, manner, time and place of examinations and the filing of applications for examinations, and to conduct and provide for the conduct of the examinations in accordance with section 812.1 of the act of April 9, 1929 (P.L. 177, No. 175), known as "The Administrative Code of 1929"; to make written reports of such examinations, which reports shall be preserved in the Department of State for a period of not less than five years; to collect such fees for such examinations as may be fixed according to regulation; and to issue licenses and certificates to such applicants as successfully pass such examination.(f) To accept and endorse, as valid in this Commonwealth, licenses to practice dentistry or as dental hygienists issued by another state or territory or by Canada, and to accept as properly qualified any applicant who has been examined and certified by the National Dental Examining Board, upon the payment of such fees as prescribed according to law for applicants in this State: Provided, That the standards of such other state, territory or of Canada or of such national board are, in the opinion of the board, equal to the standards of this Commonwealth: And provided further, That such other state, territory or Canada shall recognize and endorse, as valid in such state or territory or in Canada, licenses issued by this Commonwealth.(f.1) To accept and endorse, as valid in this Commonwealth, credentials to perform as an expanded function dental assistant issued by another state or territory or by Canada: Provided, That the standards of such other state or territory or of Canada are, in the opinion of the board, equal to the standards of this Commonwealth: And provided further, That such other state or territory or Canada shall recognize and endorse, as valid in such state or territory or in Canada, certificates issued by this Commonwealth.(g) To prescribe the professional title or other designation which any person licensed or certified under this act may use in connection with his or her name in the practice of dentistry or as a dental hygienist or as an expanded function dental assistant, to regulate the use of the same, and to prosecute those who illegally use the same.(g.1) To receive and record all filings of the names and fictitious names of providers of dental services but shall not make determinations or judgments as to the appropriateness of such names.(h) To investigate and conduct hearings, either before the membership of the board or committees thereof, and to discipline and prosecute those guilty of illegal practices.(i) To suspend, revoke or refuse to grant licenses or certificates as further provided for in section 4.1. (j) To provide for, regulate, and require biennial renewals of all persons licensed or certified in accordance with the provisions of this act; to prescribe the form of such renewals; to require, as a condition precedent to such biennial renewal, the payment of such biennial renewal fee as shall be fixed by regulation of the board, the maintenance of certification in cardiopulmonary resuscitation and the demonstration of continuing education credits required under this act; to issue biennial renewals to such persons; and to suspend or revoke the license or certificate of such persons as fail, refuse or neglect to renew biennially, comply with the requirements of subsection (j.2), or pay the appropriate fee.(j.1) To require, as a condition of renewal of any license or certificate, the maintenance of current certification to administer cardiopulmonary resuscitation (CPR). The board may recognize the maintenance of certification in CPR or basic life support offered by a bona fide charitable organization.(j.2)(1) To adopt, promulgate and enforce rules and regulations establishing requirements for continuing dental education to be met by persons licensed or certified under this act. The board shall approve sponsors of continuing education courses within one year of the effective date of regulations adopted to enforce this subsection. No credit may be given for courses in office management or practice building. The board may waive all or part of the continuing education requirement to a licensee who shows to the satisfaction of the board that he or she was unable to complete the requirement due to illness, emergency or hardship.(2) The following requirements shall be satisfactorily completed in accordance with board regulations as a precedent to biennial renewal of a license or certification: (i) Thirty credit hours for a person licensed to practice dentistry, including an individual licensed to practice dentistry under a restricted faculty license.(ii) Twenty credit hours for a person licensed to practice dental hygiene. For a public health dental hygiene practitioner, five hours shall be public health-related courses.(iii) Ten credit hours for a person certified to practice expanded function dental assisting.(2.1) Up to three hours of volunteer dental, hygiene or dental assisting practice at a clinic or health center, or at an event or program offered by a charitable entity, may be credited toward a licensee or certificate holder's continuing education program under paragraph (2). The clinic, health center or charitable entity must validate the dates and hours of volunteer practice performed by the licensee or certificate holder to the board during the applicable license renewal period.(3) For the purposes of this subsection, one credit hour shall be defined as one clock hour of instruction.(4) As used in this subsection, the following words and phrases shall have the meanings given to them in this paragraph unless the context clearly indicates otherwise: "Clinic, health center or charitable entity." A clinic, health center or charitable entity for which a licensee or certificate holder provides dental, hygiene or dental assisting services at no cost to patients.
"Volunteer dental, hygiene or dental assisting practice." Uncompensated time spent in the actual delivery of oral health care or in direct support of the delivery of oral health care. The term does not include time spent on administrative duties.
(k) To keep a record of all licenses, certificates and biennial renewals, and to prescribe the form of such record.(l) To submit biennially to the Department of State an estimate of the financial requirements of the board for administrative, investigative, legal, and miscellaneous expenses.(m) To administer and enforce the laws of the Commonwealth relating to the practice of dentistry and dental hygienists and certified expanded function dental assistants, and to instruct and require its agents to bring prosecutions for unauthorized and unlawful practices.(n) To keep minutes and records of all its transactions and proceedings.(o) To adopt, promulgate, and enforce such rules and regulations as may be deemed necessary by the board and proper to carry into effect the powers hereby conferred.(p) To hold at least four meetings a year for the conduct of its business upon giving public notice of such meetings in the manner provided by law.(q) To submit annually to the Appropriations Committees of the House of Representatives and the Senate, fifteen days after the Governor has submitted his budget to the General Assembly, a copy of the budget request for the upcoming fiscal year which the board previously submitted to the Department of State.(r) To submit annually a report to the Professional Licensure Committee of the House of Representatives and to the Consumer Protection and Professional Licensure Committee of the Senate a description of the types of complaints received, status of cases, board action which has been taken and the length of time from the initial complaint to final board resolution.(s) To provide for the licensing of graduates of foreign dental schools in accordance with section 6.2. (t) To purchase and publish, other than in the legal section, in a newspaper of general circulation in the area where the disciplined dentist conducts or recently conducted his or her practice, notice of all final disciplinary decisions which impose discipline amounting to more than a reprimand. The board shall not be required to comply with the provisions of this subsection in those cases in which the board places a dentist in a probationary program for drug or alcohol abuse or where, in the board's opinion, publication of the disciplinary decision would be detrimental to the licensee's rehabilitation and recovery.Amended by P.L. TBD 2022 No. 159, § 1, eff. 1/3/2023.Amended by P.L. 828 2014 No. 89, § 2, eff. 8/31/2014.1933, May 1, P.L. 216, § 3, effective Jan. 1, 1934. Amended 1937, April 30, P.L. 554, § 1; 1947, June 28, P.L. 1031, § 1; 1959, Dec. 15, P.L. 1753, § 1; 1972, July 7, P.L. 759, No. 178, § 1; 1982, Nov. 26, P.L. 753, No. 208, § 1, imd. effective; 1985, May 2, P.L. 18, No. 8, § 1, imd. effective; 1985, Dec. 20, P.L. 513, No. 118, § 3, effective Jan. 1, 1986; 1994, Dec. 27, P.L. 1361, No. 160, § 2, imd. effective; 1996, July 11, P.L. 657, No. 113, § 1, effective in 60 days; 2007, July 20, P.L. 327, No. 51, § 2, effective in 60 days [Sept. 18, 2007].