An Act amending the act of May 1, 1933 (P.L.216, No.76), known as The Dental Law, further providing for definitions, for general powers of the State Board of Dentistry, for penalties and for restricted faculty license.

PRINTER'S NO. 914
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 842
Session of
2025
INTRODUCED BY BROWN, ARGALL, FONTANA, FARRY AND VOGEL,
JUNE 6, 2025
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JUNE 6, 2025
AN ACT
Amending the act of May 1, 1933 (P.L.216, No.76), entitled "An
act relating to dentistry; defining and providing for the
licensing and registration of dentists and dental hygienists,
and for the revocation and suspension of such licenses and
registrations, subject to appeal, and for their
reinstatement; defining the powers and duties of the State
Dental Council and Examining Board and the Department of
Public Instruction; providing penalties; and repealing
existing laws," further providing for definitions, for
general powers of the State Board of Dentistry, for penalties
and for restricted faculty license.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "practice of dentistry" and
"restricted faculty license" in section 2 of the act of May 1,
1933 (P.L.216, No.76), known as The Dental Law, are amended to
read:
Section 2. 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
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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.
(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
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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] one year, 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.
* * *
"Restricted Faculty License" means a license granted to an
individual for the limited purpose of teaching, including
clinical teaching, in [a dental school or] any of the following:
(1) A clinical facility owned and operated by a dental
school or affiliated academic health care center when the
clinical facility or affiliated academic health care center is
not operated for the profit of the dental school or any
affiliated third party.
(2) An advanced dental education program as a faculty member
at an accredited dental school in this Commonwealth.
* * *
Section 2. Sections 3(c), (d) and (d.1)(1) introductory
paragraph, 10(g.1) and 11.11(a) introductory paragraph and (3)
and (b) of the act are amended to read:
Section 3. General Powers of the State Board of Dentistry.--
The State Board of Dentistry (hereinafter called the board)
shall have the following powers and duties:
* * *
(c) To provide for and to regulate the licensing, and to
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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. In assessing the
moral character of an individual with a criminal conviction, the
board shall conduct an individualized assessment in accordance
with 63 Pa.C.S. § 3113 (relating to consideration of criminal
convictions). 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.
* * *
(d) To provide for and to regulate the licensing, and to
license as a dental hygienist, after examination, any duly
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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. In
assessing the moral character of an individual with a criminal
conviction, the board shall conduct an individualized assessment
in accordance with 63 Pa.C.S. § 3113. 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[,] who is not less than eighteen years of age,
of good moral character[,] and not addicted to the use of
intoxicating liquor or narcotic drugs[, who has:]. In assessing
the moral character of an individual with a criminal conviction,
the board shall conduct an individualized assessment in
accordance with 63 Pa.C.S. § 3113. To be a duly qualified person
for a certification as an expanded function dental assistant,
the person must have:
* * *
Section 10. Penalties.--* * *
(g.1) It is unlawful for any restricted faculty licensee to
practice dentistry outside the [primary facilities of the dental
school] facilities owned or operated by a dental school, an
affiliated academic health care center or a dental school-owned
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faculty practice in this Commonwealth at which the individual is
licensed to teach.
* * *
Section 11.11. Restricted Faculty License.--(a) The board
shall grant without examination a restricted faculty license to
any qualified individual[,] under this subsection who is not
less than twenty-five years of age, of good moral character[,]
and not addicted to the use of intoxicating liquor or narcotic
drugs[, who satisfies the following criteria:]. In assessing the
moral character of an individual with a criminal conviction, the
board shall conduct an individualized assessment in accordance
with 63 Pa.C.S. § 3113 (relating to consideration of criminal
convictions). To be a qualified individual under this
subsection, the individual must satisfy the following criteria:
* * *
(3) Has successfully completed [a] any of the following:
(i) A specialty dentistry program, or advanced dental
training in a clinical field, i ncluding advanced education in
general dentistry or general practice residency, that is
approved by the Commission on Dental Accreditation of the
American Dental Association.
(ii) Training in a dental specialty or in advanced clinical
education from an international program.
* * *
(b) A restricted faculty license shall entitle the licensee
to engage as a full-time faculty member in direct clinical
teaching and practice, which shall include practicing clinical
care for the purpose of instructing and teaching students and
residents, [and] supervision of care provided by students and
residents and practicing dentistry at an educational clinic for
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the purpose of maintaining skills, in no more than one area of
specialty or in general dentistry, only within the educational
facilities [of] owned or operated by a dental school, an
affiliated academic health care center or a dental school-owned
faculty practice in this Commonwealth that is approved by the
Commission on Dental Accreditation of the American Dental
Association. [Licensees shall be limited to the primary
facilities within the dental school and may not engage in
clinical teaching at satellite or other off-campus sites, such
as clinics. The practice of dentistry at any satellite or off-
campus site requires an unrestricted license to practice
dentistry issued by the board.]
* * *
Section 3. This act shall take effect in 60 days.
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