reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.209 - Preparing, maintaining and retaining patient records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A dentist shall maintain a dental record
					 for each patient which accurately, legibly and completely reflects the
					 evaluation and treatment of the patient. A patient dental record shall be
					 prepared and maintained regardless of whether treatment is actually rendered or
					 whether a fee is charged. The record shall include, at a minimum, the
					 following:
(1) The name and address of the
					 patient and, if the patient is a minor, the name of the patient's parents or
					 legal guardian.
(2) The date of
					 each patient visit.
(3) A
					 description of the patient's complaint, symptoms and diagnosis.
(4) A description of the treatment or service
					 rendered at each visit and the identity of the person rendering it.
(5) Information as required in §
												33.208 (relating to prescribing,
					 administering and dispensing medications) and this section with regard to
					 controlled substances or other medications prescribed, administered or
					 dispensed.
(6) The date and type of
					 radiographs taken and orthodontic models made, as well as the radiographs and
					 models themselves. Notwithstanding this requirement, the dentist may release
					 orthodontic models to the patient. This transaction shall be memorialized on a
					 form which is signed by the patient. The signed form shall become part of the
					 patient's record.
(7) Information
					 with regard to the administration of local anesthesia, nitrous oxide/oxygen
					 analgesia, conscious sedation, deep sedation or general anesthesia. This shall
					 include results of the preanesthesia physical evaluation, medical history and
					 anesthesia procedures utilized.
(8)
					 The date of each entry into the record and the identity of the person providing
					 the service if not the dentist of record-for example, dental hygienist,
					 expanded function dental assistant, dental assistant, and the
					 like.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.210 - Storage of drugs

Current through Register Vol. 54, No. 28, July 13, 2024
Dentists who administer or dispense drugs shall comply
						with the following standards:
(1) Each
					 drug storage area shall be maintained in a clean and orderly condition.
(i) The storage area shall be dry, well
					 ventilated and well lighted. Provision shall be made for adequate dust,
					 humidity and temperature controls to ensure drug stability.
(ii) The storage area shall contain only
					 drugs and related supplies and equipment which are necessary for the
					 administration and dispensing of drugs to the dentist's own patients.
(iii) Drugs in the storage area shall be
					 accurately labeled. Until a drug is administered or dispensed to a dental
					 patient, it shall be kept in the manufacturer's original container showing the
					 manufacturer's lot number and the expiration date.
(iv) Drugs in the storage area shall be free
					 from adulteration. Appropriate procedures shall be established to minimize the
					 hazards of cross contamination.
(v)
					 Outdated or deteriorated drugs shall be identified as such and shall be
					 segregated in the storage area pending their return to the manufacturer or
					 their appropriate disposal. The dentist shall maintain records reflecting the
					 final disposition of these products.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.211 - Unprofessional conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.211a - Sexual misconduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary action authorized
. Unprofessional conduct, as
					 defined in section
					 4.1(a)(8) of the
					 act (63 P. S. §
												123.1(a)(8)), includes
					 sexual misconduct by a dentist, a dental hygienist, a public health dental
					 hygiene practitioner or an expanded function dental assistant (EFDA), and
					 subjects the Board-regulated practitioner to disciplinary action under section
					 4.1(a)(8) and section 10.1 of the act (63 P. S. §
												129.1).
(b)
Impaired professional
					 program
. A Board-regulated practitioner who engages in conduct
					 prohibited by this section will not be eligible for placement into an impaired
					 professional program in lieu of disciplinary action or correction.
(c)
Consent
. Consent is not
					 a defense to conduct prohibited by this section.
(d)
Exclusion
. This section
					 does not apply to conduct between a Board-regulated practitioner and the
					 Board-regulated practitioner's spouse or a person cohabitating with the
					 Board-regulated practitioner.
The provisions of this §
													33.211a adopted under sections
						  4.1(a)(8) and 10.1 of the Dental Law (63 P. S. §§
														123.1(a)(8) and
						  129.1).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.212 - Misleading, deceptive, untrue or fraudulent representations

Current through Register Vol. 54, No. 28, July 13, 2024
As used in section 4.1(a)(2) of the act (63 P. S. §
												123.1(a)(2)), the phrase
						"misleading, deceptive, untrue or fraudulent representations" includes the
						following conduct by dentists, dental hygienists and expanded function dental
						assistants:
(1) Misrepresenting or
					 concealing a material fact in obtaining, renewing or seeking reinstatement of a
					 license or certificate.
(2)
					 Misrepresenting or concealing a material fact in obtaining payment for dental
					 services.
(3) Writing a
					 prescription for a controlled substance or other medication in the name of a
					 person other than for whom the controlled substance or other medication is
					 intended under §§
											33.207 and
					 33.208 (relating to prescribing,
					 administering and dispensing controlled substances; and prescribing,
					 administering and dispensing medications).
(4) Falsifying a patient's record regarding
					 treatment or the issuance of a controlled substance or other
					 medication.
The provisions of this §
													33.212 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).
This section cited in 49 Pa. Code §
													33.404 (relating to reporting
						  continuing education credit hours).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.213 - Replacement of dental amalgams-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background.
The safety
					 of dental amalgams, specifically, whether the mercury in amalgams causes or
					 contributes to a variety of health problems, has become a recurring issue in
					 dentistry. The Food and Drug Administration has determined that while elemental
					 mercury has been associated with adverse health effects at high exposures, the
					 levels released by amalgam fillings are not high enough to cause harm in
					 patients. The Board is not aware, however, of conclusive evidence that the use
					 of alternative restorative materials or removal of amalgams will prevent, cure
					 or ameliorate disorders other than those associated with confirmed allergic
					 reactions to mercury. Nonetheless, nonallergic patients may request the use of
					 alternative restorative materials or replacement of amalgam restorations in the
					 belief, or merely the hope, that a medical condition will thereby disappear or
					 improve. Dentists receiving these requests must make ethical and professional
					 decisions compatible with the best interests of their patients.
(b)
Purpose.
Section
					 4.1(a)(8) and (9) of the act (63 P. S. §
												123.1(a)(8) and
					 (9)) authorizes the Board to take
					 disciplinary action against licensees who engage in unprofessional conduct or
					 commit acts of negligence, incompetence or malpractice. The replacement of
					 amalgams may implicate both provisions by, for example, generating complaints
					 of unnecessary or even harmful treatment. The Board therefore provides the
					 following guidelines to assist its licensees in conforming their behavior to
					 the requirements of the act. In a disciplinary action brought against a dentist
					 for treatment associated with replacing amalgams, the Board will consider
					 whether these guidelines were followed.
(c)
Guidelines.
(1) The Board recommends that, before
					 replacing amalgams in a nonallergic patient, the dentist:
(i) Explain to the patient the current status
					 of research on the safety of dental amalgams.
(ii) Provide the patient with information on
					 contraindications and costs associated with removal/replacement of amalgam
					 restorations.
(iii) Advise a
					 patient relying on third-party payment to ascertain whether the insurer will
					 cover removal/replacement procedures.
(iv) Encourage a patient seeking amelioration
					 of a medical condition to consult with a physician and, as appropriate, secure
					 from the physician documentation of recommendations made to the
					 patient.
(v) Memorialize in writing
					 the disclosures made to the patient and the patient's informed
					 consent.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.215 - Use of lasers in the dental office-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background and purpose.
The use of lasers in experimental and institutional settings has raised
					 questions with regard to using this technology in the dental office. In
					 addressing this issue, the Board has been mindful of its principal mandate:
					 protection of the public. Section 4.1(a)(8) and (9) of the act (63 P. S. §
												123.1(a)(8) and (9))
					 authorizes the Board to take disciplinary action against licensees who engage
					 in unprofessional conduct or who commit acts of negligence, incompetence or
					 malpractice. The use of lasers may implicate both provisions by, for example,
					 generating complaints of incompetent treatment or treatment that fails to
					 conform to acceptable standards of practice. The Board offers the following
					 guidelines to assist its licensees in conforming their behavior to the act. In
					 a disciplinary action brought against a dentist for treatment involving a
					 laser, the Board will consider whether these guidelines were
					 followed.
(b)
Guidelines.
A dentist who uses a laser in private practice
					 shall:
(1) Be familiar with and conform to
					 regulations on lasers promulgated by the Food and Drug
					 Administration.
(2) Possess
					 clinical competency in the use of lasers. The Board recommends a minimum of 6
					 hours of instruction given by an accredited institution or by a manufacturer of
					 lasers sponsored by such an institution. The instruction should include
					 hands-on training and should cover all known risks to patients, staff and the
					 practitioner.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.221-33.223 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.224-33.226 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.232-33.234 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.250 - Suspected child abuse-mandated reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Under
					 23 Pa.C.S. §
												6311
					 (relating to persons required to report suspected child abuse), all Board
					 regulated practitioners are considered mandated reporters. A mandated reporter
					 shall make a report of suspected child abuse in accordance with this section if
					 the mandated reporter has reasonable cause to suspect that a child is a victim
					 of child abuse under any of the following circumstances:
(1) The mandated reporter comes into contact
					 with the child in the course of employment, occupation and practice of the
					 profession or through a regularly scheduled program, activity or
					 service.
(2) The mandated reporter
					 is directly responsible for the care, supervision, guidance or training of the
					 child, or is affiliated with an agency, institution, organization, school,
					 regularly established church or religious organization or other entity that is
					 directly responsible for the care, supervision, guidance or training of the
					 child.
(3) A person makes a
					 specific disclosure to the mandated reporter that an identifiable child is the
					 victim of child abuse.
(4) An
					 individual 14 years of age or older makes a specific disclosure to the mandated
					 reporter that the individual has committed child abuse.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.251 - Photographs, medical tests and X-rays of child subject to report

Current through Register Vol. 54, No. 28, July 13, 2024
A Board regulated practitioner may take or cause to be
						taken photographs of the child who is subject to a report and, if clinically
						indicated, cause to be performed a radiological examination and other medical
						tests on the child. Medical summaries or reports of the photographs, X-rays and
						relevant medical tests taken shall be sent to the county children and youth
						social service agency at the time the written report is sent, or within 48
						hours after an electronic report is made under §
											33.250(c)(2)
						(relating to suspected child abuse-mandated reporting requirements), or as soon
						thereafter as possible. The county children and youth social service agency
						shall have access to actual photographs or duplicates and X-rays and may obtain
						them or duplicates of them upon request.
The provisions of this §
													33.251 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 3(o)
						  of The Dental Law (63 P. S. §
														122(o)); amended under
						  section 3(o) of the Dental Law (63 P.S. §
														122(o)); and the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2).
This section cited in 49 Pa. Code §
													33.253 (relating to immunity from
						  liability); 49 Pa. Code §
													33.254 (relating to
						  confidentiality-waived); and 49 Pa. Code §
													33.255 (relating to
						  noncompliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.252 - Suspected death as a result of child abuse-mandated reporting requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A Board regulated practitioner who has reasonable cause
						to suspect that a child died as a result of child abuse shall report that
						suspicion to the coroner or medical examiner of the county where death occurred
						or, in the case where the child is transported to another county for medical
						treatment, to the coroner or medical examiner of the county where the injuries
						were sustained.
The provisions of this §
													33.252 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 3(o)
						  of The Dental Law (63 P. S. §
														122(o)); amended under
						  section 3(o) of the Dental Law (63 P.S. §
														122(o)); and the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2).
This section cited in 49 Pa. Code §
													33.253 (relating to immunity from
						  liability); 49 Pa. Code §
													33.254 (relating to
						  confidentiality-waived); and 49 Pa. Code §
													33.255 (relating to
						  noncompliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.253 - Immunity from liability

Current through Register Vol. 54, No. 28, July 13, 2024
Under
						23 Pa.C.S. §
												6318
						(relating to immunity from liability) a Board regulated practitioner who
						participates in good faith in the making of a report of suspected child abuse,
						making a referral for general protective services, cooperating or consulting
						with an investigation including providing information to a child fatality or
						near fatality review team, testifying in a proceeding arising out of an
						instance of suspected child abuse or general protective services or engaging in
						any action authorized under
						23 Pa.C.S. §§
												6314-6317, shall have immunity from civil and
						criminal liability that might otherwise result by reason of the Board regulated
						practitioner's actions. For the purpose of any civil or criminal proceeding,
						the good faith of the Board regulated practitioner shall be presumed. The Board
						will uphold the same good faith presumption in any disciplinary proceeding that
						might result by reason of a Board regulated practitioner's actions under
						§§
											33.250-33.252 (relating to suspected
						child abuse-mandatory reporting requirements; photographs, medical tests and
						x-rays of child subject to report; and suspected death as a result of child
						abuse-mandated reporting requirement).
The provisions of this §
													33.253 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 3(o)
						  of The Dental Law (63 P. S. §
														122(o)); amended under
						  section 3(o) of the Dental Law (63 P.S. §
														122(o)); and the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.254 - Confidentiality-waived

Current through Register Vol. 54, No. 28, July 13, 2024
To protect children from abuse, the reporting
						requirements of §§
											33.250-33.252 (relating to suspected
						child abuse-mandated reporting requirements; photographs, medical tests and
						X-rays of child subject to report; and suspected death as a result of child
						abuse-mandated reporting requirement) take precedence over the provisions of
						any client confidentiality, ethical principle or professional standard that
						might otherwise apply. In accordance with
						23 Pa.C.S. §
												6311.1
						(relating to privileged communications), privileged communications between a
						mandated reporter and a patient does not apply to a situation involving child
						abuse and does not relieve the mandated reporter of the duty to make a report
						of suspected child abuse.
The provisions of this §
													33.254 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 3(o)
						  of The Dental Law (63 P. S. §
														122(o)); amended under
						  section 3(o) of the Dental Law (63 P.S. §
														122(o)); and the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.255 - Noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary action
. A Board regulated practitioner who
					 willfully fails to comply with the reporting requirements in §§
											33.250-33.252 (relating to suspected
					 child abuse-mandated reporting requirements; photographs, medical tests and
					 X-rays of child subject to report; and suspected death as a result of child
					 abuse-mandated reporting requirement) will be subject to disciplinary action
					 under section 4.1 of the act (63 P.S. §
												123.1).
(b)
Criminal penalties
.
					 Under
					 23 Pa.C.S. §
												6319
					 (relating to penalties), a Board regulated practitioner who is required to
					 report a case of suspected child abuse or to make a referral to the appropriate
					 authorities and who willfully fails to do so commits a criminal offense, as
					 follows:
(1) An offense not otherwise
					 specified in paragraphs (2), (3) or (4) is a misdemeanor of the second
					 degree.
(2) An offense is a felony
					 of the third degree if all of the following apply:
(i) The mandated reporter willfully fails to
					 report.
(ii) The child abuse
					 constitutes a felony of the first degree or higher.
(iii) The mandated reporter has direct
					 knowledge of the nature of the abuse.
(3) If the willful failure to report
					 continues while the mandated reporter knows or has reasonable cause to suspect
					 a child is being subjected to child abuse by the same individual, or while the
					 mandated reporter knows or has reasonable cause to suspect that the same
					 individual continues to have direct contact with children through the
					 individual's employment, program, activity or service, the mandated reporter
					 commits a felony of the third degree, except that if the child abuse
					 constitutes a felony of the first degree or higher, the mandated reporter
					 commits a felony of the second degree.
(4) A mandated reporter who, at the time of
					 sentencing for an offense under
					 23 Pa.C.S. §
													6319,
					 has been convicted of a prior offense under § 6319, commits a felony of
					 the third degree, except that if the child abuse constitutes a felony of the
					 first degree or higher, the penalty for the second or subsequent offense is a
					 felony of the second degree.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.256 - Child abuse recognition and reporting- mandatory training requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 provided in subsection (c), individuals applying to the Board for an initial
					 license or certificate shall submit proof of completion of 3 hours of training
					 in child abuse recognition and reporting requirements which has been approved
					 by the Department of Human Services.
(b) Except as provided in subsection (c),
					 licensees and certificate holders seeking renewal of a license or certificate
					 issued by the Board shall complete, as a condition of biennial renewal of the
					 license or certificate, 2 hours of approved continuing education in child abuse
					 recognition and reporting requirements, as a portion of the total continuing
					 education required for biennial renewal. For credit to be granted, the
					 continuing education course or program must be approved by the Bureau, in
					 consultation with the Department of Human Services, as set forth in §
											33.257 (relating to child abuse
					 recognition and reporting course approval process).
(c) An applicant, licensee or certificate
					 holder may apply in writing for an exemption from the training/continuing
					 education requirements set forth in subsections (a) and (b) provided the
					 applicant, licensee or certificate holder meets one of the following:
(1) The applicant, licensee or certificate
					 holder submits documentation demonstrating that:
(i) The applicant, licensee or certificate
					 holder has already completed child abuse recognition training as required by
					 section 1205.6 of the Public School Code
					 of 1949 (24 P.S. §
														12-1205.6).
(ii) The training was approved by the
					 Department of Education in consultation with the Department of Human
					 Services.
(iii) The amount of
					 training received equals or exceeds the amount of training or continuing
					 education required under subsection (a) or (b), as applicable.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter C - MINIMUM STANDARDS OF CONDUCT AND PRACTICE › Section 33.257 - Child abuse recognition and reporting course approval process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual,
					 entity or organization may apply for approval to provide mandated reporter
					 training as required under
					 23 Pa.C.S. §
												6383(b) (relating to
					 education and training) by submitting the course materials set forth in
					 subsection (b) simultaneously to the Department of Human Services (DHS), Office
					 of Children, Youth and Families, and to the Bureau at the following addresses:
(1) Department of Human Services, Office of
					 Children, Youth and Families, Health and Welfare Building, 625 Forster Street,
					 Harrisburg, PA 17120 or electronically at RA-PWOCYFCPSL@pa.gov.
(2) Bureau of Professional and Occupational
					 Affairs, 2601 North Third Street, P.O. Box 2649, Harrisburg, PA 17105-2649 or
					 electronically at RA-stcpsl_course_app@pa.gov.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter D - PERFORMANCE OF RADIOLOGIC PROCEDURES BY AUXILIARY PERSONNEL › Section 33.301 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Ionizing radiation
-
(i) Gamma rays and X-rays; alpha and beta
					 particles, high-speed electrons, neutrons, protons and other nuclear
					 particles.
(ii) 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 radiaiton.
Radiologic procedure examination
-The
						Radiation Health and Safety examination administered by The Dental Assisting
						National Board, Inc. (DANB).
The provisions of this §
													33.301 issued under section 11.4
						  of The Dental Law (63 P. S. §
														130e);
						  amended under section 3(d), (j.2) and (o) of The Dental Law (63 P. S. §
														122(d), (j.2) and
						  (o)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter D - PERFORMANCE OF RADIOLOGIC PROCEDURES BY AUXILIARY PERSONNEL › Section 33.302 - Requirements for personnel performing radiologic procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Public health dental hygiene
					 practitioners may perform radiologic procedures in those settings set forth in
					 §
											33.205b(c)
					 (relating to practice as a public health dental hygiene practitioner) without
					 the supervision of a dentist. Public health dental hygiene practitioners shall
					 take radiographs under this section in accordance with the following:
(1) Within 30 days of taking a radiograph,
					 the public health dental hygiene practitioner shall provide to the patient a
					 copy of the radiograph and a referral to a dentist indicating the reason the
					 radiograph was taken and any observations noted by the public health dental
					 hygiene practitioner.
(2) The
					 public health dental hygiene practitioner shall instruct the patient to consult
					 with the dentist as indicated on the referral form.
(3) Upon presentation by the patient, the
					 dentist shall perform an examination of the patient, review the radiograph and
					 report any diagnosis to the public health dental hygiene practitioner and the
					 patient.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter D - PERFORMANCE OF RADIOLOGIC PROCEDURES BY AUXILIARY PERSONNEL › Section 33.303 - Applications for examination

Current through Register Vol. 54, No. 28, July 13, 2024
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).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter D - PERFORMANCE OF RADIOLOGIC PROCEDURES BY AUXILIARY PERSONNEL › Section 33.304 - Radiologic procedure examination fees

Current through Register Vol. 54, No. 28, July 13, 2024
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).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter D - PERFORMANCE OF RADIOLOGIC PROCEDURES BY AUXILIARY PERSONNEL › Section 33.305 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
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).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.332 - Requirement of permit to administer general anesthesia, deep sedation, conscious sedation or nitrous oxide/oxygen analgesia

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Permit required for
					 administration of anesthetic modality in dental office
. A dentist
					 shall possess a current permit issued by the Board under this subchapter before
					 administering, or supervising the administration of, general anesthesia, deep
					 sedation, conscious sedation or nitrous oxide/oxygen analgesia in a dental
					 office.
(b)
Permit not
					 required for administration of anesthetic modality in other
					 facilities
. A dentist is not required to possess a permit under this
					 subchapter before administering, or supervising the administration of, general
					 anesthesia, deep sedation, conscious sedation or nitrous oxide/oxygen analgesia
					 in a State- or Federally-regulated facility other than a dental
					 office.
(c)
Failure to
					 comply
. A dentist's failure to comply with subsection (a) will be
					 considered unprofessional conduct and will subject the dentist to disciplinary
					 action under section 4.1 of the act (63 P. S. §
												123.1).
The provisions of this §
													33.332 issued under sections 11.2
						  and 11.3 of The Dental Law (63 P. S. §§
														130c and
						  130d); amended under sections
						  3(o) and 11.2(a) of The Dental Law (63 P. S. §§
														122(o) and
						  130c(a)).
This section cited in 49 Pa. Code §
													33.110 (relating to volunteer
						  license).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.333 - Types of permits

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will issue the following permits to licensees
						qualified under this subchapter:
(1)
Unrestricted permit
. A permit which authorizes the holder to
					 administer general anesthesia, deep sedation, conscious sedation or nitrous
					 oxide/oxygen analgesia.
(2)
Restricted permit I
. A permit which authorizes the holder to
					 administer conscious sedation or nitrous oxide/oxygen analgesia.
(3)
Restricted permit II
. A
					 permit which authorizes the holder to administer nitrous oxide/oxygen
					 analgesia.
(4)
Temporary
					 permit
. A permit limited to 1 year which authorizes the applicant for
					 an unrestricted, restricted I or restricted II permit to administer the
					 appropriate type of anesthesia relevant to the applicant's
					 qualifications.
The provisions of this §
													33.333 issued under sections 11.2
						  and 11.3 of The Dental Law (63 P. S. §§
														130c and
						  130d); amended under sections
						  3(o) and 11.2(a) of The Dental Law (63 P. S. §§
														122(o) and
						  130c(a)).
This section cited in 49 Pa. Code §
													33.110 (relating to volunteer
						  license).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.334 - Application for permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A dentist
					 who desires to obtain a permit to administer general anesthesia, deep sedation,
					 conscious sedation or nitrous oxide/oxygen analgesia, or a temporary permit,
					 shall submit an application on a form provided by the Board, pay the permit fee
					 prescribed in §
											33.339 (relating to fees for
					 issuance of permits) and meet the requirements for the permit applied for as
					 prescribed in this subchapter.
(b)
					 Application forms may be obtained from the State Board of Dentistry, Post
					 Office Box 2649, Harrisburg, Pennsylvania 17105-2649.
The provisions of this §
													33.334 issued under sections 11.2
						  and 11.3 of The Dental Law (63 P. S. §§
														130c and
						  130d); amended under sections
						  3(o) and 11.2(a) of The Dental Law (63 P. S. §§
														122(o) and
						  130c(a)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.335 - Requirements for unrestricted permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To secure an unrestricted permit, a
					 dentist shall have done one of the following:
(1) Successfully completed at least 2 years
					 in a postgraduate program for advanced training in anesthesiology and related
					 academic subjects that conforms to Part II of the American Dental Association's
Guidelines for Teaching the Comprehensive Control of Pain and Anxiety
					 in Dentistry
.
(2) Possess
					 current certification as a Diplomate of the American Board of Oral and
					 Maxillofacial Surgeons, a Fellow of the American Association of Oral and
					 Maxillofacial Surgery or a Fellow of the American Dental Society of
					 Anesthesiology, or be eligible for examination by the American Board of Oral
					 and Maxillofacial Surgery.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.336 - Requirements for restricted permit I

Current through Register Vol. 54, No. 28, July 13, 2024
To secure a restricted permit I, a dentist shall have
						successfully completed a course on conscious sedation comprising at least 60
						hours of undergraduate or postgraduate didactic instruction and clinical
						experience in a program that conforms to Part I (for an undergraduate program)
						or Part III (for a postgraduate program) of the ADA's
Guidelines for
						Teaching the Comprehensive Control of Pain and Anxiety in
						Dentistry
.
The provisions of this §
													33.336 issued under sections 11.2
						  and 11.3 of The Dental Law (63 P. S. §§
														130c and
						  130d); amended under sections
						  3(o) and 11.2(a) of The Dental Law (63 P. S. §§
														122(o) and
						  130c(a)).
This section cited in 49 Pa. Code §
													33.110 (relating to volunteer
						  license); and 49 Pa. Code §
													33.339 (relating to fees for
						  issuance of permits).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.336a - Requirements for unrestricted permit and restricted permit I

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Office
					 inspections and clinical evaluations
.
(1)
Initial permits
. Initial
					 unrestricted and restricted I permit applicants shall satisfactorily complete
					 an office inspection and clinical evaluation conducted by an approved peer
					 evaluation organization under §
												33.336b (relating to approved peer
					 evaluation organizations for administering clinical evaluations and office
					 inspections).
(2)
First
					 renewal permit beginning April 1, 2005
. Beginning April 1, 2005,
					 renewal unrestricted and restricted I permit applicants shall satisfactorily
					 complete an office inspection and clinical evaluation as a condition for permit
					 renewal. Completion of an office inspection and clinical evaluation may be
					 waived if the applicant can demonstrate satisfactory completion of an office
					 inspection and clinical evaluation, administered by an organization approved by
					 the Board, within 6 years preceding April 1, 2005.
(3)
Subsequent renewal
					 permit
. Following the applicant's initial permit renewal after April
					 1, 2005, unrestricted and restricted permit I renewal applicants shall
					 satisfactorily complete an office inspection and clinical evaluation once every
					 6 years.
(4)
Report of
					 office inspection and clinical evaluation
. An application for an
					 initial or renewal permit shall contain documentation from the peer review
					 organization that conducted the office inspection and clinical evaluation that
					 evidences the applicant's satisfactory completion of an office inspection and
					 clinical evaluation and a written report of the results of the office
					 inspection and clinical evaluation.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.336b - Approved peer evaluation organizations for administering clinical evaluations and office inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 following organizations are deemed qualified to conduct clinical evaluations
					 and office inspections and do not require prior approval from the Board:
(1) The American Association of Oral and
					 Maxillofacial Surgeons (AAOMS).
(2)
					 The Pennsylvania Society of Oral and Maxillofacial Surgeons (PSOMS).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.336c - Standards for office inspections and clinical evaluations

Current through Register Vol. 54, No. 28, July 13, 2024
Office inspections and clinical evaluations shall be
						conducted in accordance with the AAOMS Manual and AAOMS Guidelines for OMSs and
						the ADA Guidelines and AAPD Guidelines for general dentists.
The provisions of this §
													33.336c issued under sections 3(o)
						  and 11.2(a) of The Dental Law (63 P. S. §§
														122(a) and
						  130c(a)).
This section cited in 49 Pa. Code §
													33.336e (relating to
						  confidentiality of peer evaluation
						  reports).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.336d - Qualifications of peer evaluators conducting office inspections and clinical evaluations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A peer
					 evaluator conducting office inspections and clinical evaluations of
					 unrestricted permitholders and applicants shall be a licensed dentist holding a
					 current unrestricted permit.
(b) A
					 peer evaluator conducting office inspections and clinical evaluations of
					 restricted permit I holders and applicants shall be a licensed dentist holding
					 either a current unrestricted permit or a current restricted permit I, provided
					 that a peer evaluator holding a current restricted permit I may only conduct
					 office inspections and clinical evaluations when part of a team consisting of
					 at least one unrestricted permitholder.
(c) A peer evaluator shall be independent
					 from, and have no conflict of interest with, the dentist or dental practice
					 being reviewed.
(d) The
					 administering approved peer evaluation organization shall ensure that its peer
					 evaluators are qualified under this section.
The provisions of this §
													33.336d issued under sections 3(o)
						  and 11.2(a) of The Dental Law (63 P. S. §§
														122(a) and
						  130c(a)).
This section cited in 49 Pa. Code §
													33.336b (relating to approved peer
						  evaluation organizations for administering clinical evaluations and office
						  inspections).