PA Dental Hygiene Jurisprudence cheat sheet

Act 76 of 1933 is the Dental Law; it created the State Dental Council and Examining Board, now the State Board of Dentistry within the Department of State's Bureau of Professional and Occupational Affairs.

The Board regulates dentists, dental hygienists, expanded-function dental assistants (EFDAs), and dental practices; local anesthesia and nitrous oxide permits are also Board-issued.

49 Pa. Code Chapter 33 contains the Board's implementing regulations, including licensure requirements (33.101-33.116), standards of practice, and disciplinary provisions.

Dental hygiene licensure requires graduation from an accredited dental hygiene program, successful completion of a Board-approved clinical and didactic examination (or regional board exam plus jurisprudence), and a criminal background check.

Continuing education: dentists complete 30 hours per biennial renewal period; dental hygienists complete 10 hours per biennium, including at least 2 hours in child abuse recognition and reporting.

License renewal occurs every two years; a license lapses if not renewed by the deadline, and practicing on a lapsed license is a summary offense subject to civil penalty.

A dental hygienist may perform duties only under the supervision of a licensed dentist; the Act recognizes direct, indirect, and general supervision categories defined in Chapter 33.

Local anesthesia and nitrous oxide-oxygen analgesia require additional Board certification and permit; a hygienist with a local anesthesia permit may administer under direct supervision.

The Act authorizes the Board to refuse, suspend, or revoke a license and to impose civil penalties up to $1,000 per violation for practicing without a license or violating Board regulations.

The State Board of Dentistry consists of 13 members appointed by the Governor: 7 dentists, 2 dental hygienists, 1 EFDA, and 3 public members; all serve 4-year terms subject to Senate confirmation.

Board meetings are public; disciplinary actions are published and reported to the National Practitioner Data Bank, and licenses are searchable on PALS (Pennsylvania Licensure System).

Grounds for discipline include unprofessional conduct, gross incompetence, negligence, fraud in obtaining a license, practicing beyond scope, and violation of a Board order.

Unprofessional conduct includes failing to comply with infection-control standards, abandoning a patient, practicing while impaired, and failing to report suspected child abuse.

The Board may issue a public reprimand, suspend, revoke, or restrict a license, impose probation, require remedial education, and assess costs of investigation and prosecution.

A licensee may not practice after a suspension or revocation; continuing to practice is both a licensing violation and a criminal offense.

Mandatory reporting: licensees must report to the Board any known violation of the Dental Law by another licensee, including impairment or unprofessional conduct.

The Board may conduct investigations through its prosecuting attorney; licensees must respond to Board subpoenas and cooperate with investigations.

A licensee may petition for reinstatement after revocation or suspension; the Board evaluates evidence of rehabilitation and may impose conditions on reinstatement.

Standard of care is defined as the degree of care, skill, and judgment ordinarily exercised by a reasonably prudent dental professional under similar circumstances.

Infection control must follow CDC guidelines and OSHA bloodborne pathogen standards; sterilize critical instruments, use single-use disposables, and maintain sterilization monitoring logs.

Dentists must maintain patient records for at least 5 years from the date of last treatment; records must be legible, dated, and include diagnoses, treatment, and medications.

Informed consent requires disclosure of diagnosis, proposed treatment, risks, alternatives, and consequences of no treatment; document consent in the record.

Prescribing controlled substances requires a valid dentist-patient relationship, a DEA registration, and query of the PDMP when required; prescribing to self or family without documentation is prohibited.

Patient abandonment occurs when a dentist terminates the relationship without notice, without providing records, or without giving the patient time to find another provider.

Delegation rules: a dentist may delegate only tasks within the scope of the delegate's license; the supervising dentist retains responsibility for all delegated care.

Dental hygienists providing services in schools, nursing homes, or health fairs must follow Board regulations on supervision and must refer patients needing treatment to a dentist.

Advertising must be truthful and not misleading; guaranteeing results, claiming superiority without evidence, or using a patient testimonial without consent is unprofessional conduct.