PA Dental Jurisprudence cheat sheet

Act 76 of 1933 is Pennsylvania's Dental Practice Act; it establishes the State Board of Dentistry and grants it authority to license dentists, dental hygienists, and expanded function dental assistants.

The Board consists of members appointed by the Governor, including dentist members, a public member, and a dental hygienist member; a majority of the professional members must be actively practicing dentists.

The Board's regulatory power under the Act includes adopting regulations on licensure qualifications, examination standards, continuing education, infection control, and disciplinary procedures.

The Act defines the practice of dentistry to include diagnosis, treatment planning, surgery, and restoration of teeth and oral structures, plus the fitting of dental appliances and the administration of local anesthesia.

Dental hygienists practice under the Act's supervision framework: general supervision permits hygiene services without the dentist present but requires prior authorization and a written treatment plan.

Expanded function dental assistants (EFDAs) may perform reversible intraoral procedures, including placing restorative materials, only under direct supervision of a licensed dentist.

Regulations require dentists to maintain infection control standards consistent with CDC guidelines and Pennsylvania Department of Health rules, including sterilization records and barrier techniques.

The Act authorizes the Board to issue subpoenas, conduct investigations, and hold hearings on alleged violations; failure to comply with a Board subpoena is itself a violation.

Board regulations specify continuing education requirements for license renewal, including mandated hours in areas such as infection control and child abuse recognition.

A dentist license requires graduation from a Board-approved dental school, passage of the National Board Dental Examination and a clinical examination accepted by the Board, and completion of required child abuse recognition training.

Dental hygienist licensure requires graduation from an accredited hygiene program, passage of the National Board Dental Hygiene Examination, and a Board-accepted clinical examination.

EFDA certification requires completion of a Board-approved EFDA education program and passage of a Board-approved certification examination.

All licenses and certifications are subject to biennial renewal; renewal requires completion of the required continuing education hours and payment of the renewal fee before the expiration date.

A lapsed license may be reactivated by paying a late fee and demonstrating completion of continuing education for the lapsed period; practicing on a lapsed license is unlicensed practice.

A dentist may hold a volunteer or temporary license in limited circumstances, but the scope is restricted to the setting for which it was issued.

Licensees must notify the Board of a change of name or address within the time period set by regulation, and must report certain criminal convictions and disciplinary actions in other jurisdictions.

The Act requires that a dentist's name be displayed at the practice location and that patients be informed of the identity of the treating provider.

Controlled substance prescribers must hold a valid DEA registration and a Pennsylvania controlled substance registration; prescriber numbers must appear on prescriptions.

Unprofessional conduct includes practicing beyond the scope of one's license, aiding unlicensed practice, and delegating procedures to a person not authorized to perform them.

Failure to maintain patient records that document diagnosis, treatment, informed consent, and follow-up is a recognized ground for discipline.

Practicing while impaired by alcohol, drugs, or physical or mental conditions that impair judgment is unprofessional conduct and grounds for discipline.

Abandoning a patient without reasonable notice and an opportunity to obtain alternative care violates the standard of care.

Fee splitting, kickbacks, and paying or receiving commissions for patient referrals are prohibited; the prohibition extends to arrangements with laboratories and other providers.

Misrepresentation of credentials, advertising that is false or misleading, and guaranteeing results are prohibited forms of advertising and conduct.

A dentist must obtain informed consent before treatment and must disclose material risks, alternatives, and the consequences of declining treatment.

Failure to report suspected child abuse or neglect, as required by Pennsylvania law, is a violation that can result in discipline independent of criminal prosecution.

Delegation rules require the dentist to be physically present or available as specified by supervision level; a hygienist may not diagnose or treatment plan.

Board disciplinary sanctions include reprimand, suspension, revocation, probation, limitations on practice, civil penalties, and assessment of costs of investigation and prosecution.

The Board may impose a civil penalty per violation in addition to other sanctions; the Act sets statutory maximums that the Board applies per count.

Practicing dentistry or dental hygiene without a license is a criminal offense under the Act and may also result in civil penalties and injunctive relief.

The Board may seek a cease-and-desist order against unlicensed practice and may petition a court to enjoin the activity.

Disciplinary actions are subject to the Administrative Agency Law; a licensee may appeal a final Board adjudication to the Commonwealth Court.

Automatic suspensions may follow certain criminal convictions, particularly felonies and offenses related to the practice of dentistry.

The Board may require a licensee to undergo a professional evaluation, including a physical or mental examination, when conduct raises a question of impairment.

Aiding and abetting unlicensed practice, or employing an unlicensed person to perform dental procedures, subjects the licensee to discipline.

The Board publishes disciplinary actions; licensees must report disciplinary actions taken by other jurisdictions within the time required by regulation.

Direct supervision means the dentist is physically present in the office and available to observe and assist; general supervision means the dentist has authorized the procedure but is not present.

Dental hygienists may perform prophylaxis, scaling, root planing, and application of topical fluoride and sealants under the supervision level authorized by regulation.

Local anesthesia administration by a hygienist requires additional Board-approved training and certification and must occur under direct supervision.

Only a licensed dentist may diagnose, develop a treatment plan, perform surgical procedures, and prescribe controlled substances.

EFDAs may place and contour restorative materials, take impressions, and perform other reversible procedures; they may not diagnose, cut hard tissue, or perform irreversible procedures.

Dental assistants without EFDA certification may perform only reversible supportive tasks such as suctioning, retraction, and passing instruments.

A dentist may not delegate a procedure to an unlicensed person merely because the dentist remains on the premises; delegation must be authorized by the Act and regulations.

The supervising dentist is responsible for the quality of care provided by hygienists and EFDAs and for ensuring that supervision requirements are met.

Patient dental records must be retained for the period required by regulation and must be made available to the patient or the patient's authorized representative upon request.

Records must include medical history, clinical findings, treatment rendered, medications prescribed, and informed consent documentation.

A dentist closing a practice must notify patients, arrange for transfer or retention of records, and comply with Board notification requirements.

Advertising must include the name of the dentist responsible for the practice and may not contain false, deceptive, or misleading statements.

The dentist-patient relationship may be terminated only with reasonable notice, written communication, and provision of emergency care information.

Infection control compliance requires documented sterilization monitoring, use of barriers, and adherence to current CDC and OSHA standards.

Prescribing controlled substances requires a legitimate dentist-patient relationship, appropriate documentation, and compliance with the Prescription Drug Monitoring Program.

A dentist must report adverse events and cooperate with Board investigations; failure to cooperate is itself a disciplinary violation.

The Board accepts clinical examinations from regional testing agencies and may require additional examination components for licensure.

Continuing education must be obtained from Board-approved providers and documented with certificates that include the provider, date, hours, and topic.

Renewal applications require attestation of continuing education completion; false attestation is unprofessional conduct.

Failure to complete required continuing education results in a lapsed or inactive license until the deficiency is cured.

New licensees may have modified continuing education requirements for their first renewal cycle as set by Board regulation.

Continuing education in child abuse recognition and reporting is mandated by statute for license renewal in Pennsylvania.

The Board may audit continuing education records and require submission of documentation; licensees must retain certificates for the period specified by regulation.

The Board's disciplinary process begins with a complaint, followed by investigation, and may proceed to an order to show cause and a formal hearing.

A licensee is entitled to notice of the charges and an opportunity to be heard before the Board imposes discipline.

The Board may issue subpoenas for records and testimony; failure to comply may result in contempt proceedings in Commonwealth Court.

Consent agreements and consent orders resolve many cases without a full hearing and carry the same disciplinary effect as an adjudication.

Hearings are conducted under the Administrative Agency Law and the General Rules of Administrative Practice and Procedure.

The Board may impose interim suspension when there is a clear and immediate danger to the public health and safety.

A licensee may be represented by counsel at all stages of the investigation and hearing process.

The Act defines 'dentistry' broadly to include examination, diagnosis, treatment, surgery, and the prescribing of drugs and appliances for oral conditions.

'Dental hygiene' is defined as services including prophylaxis, scaling, and preventive procedures performed under authorized supervision.

Prohibited acts include using the title 'dentist' or 'dental hygienist' without a license and holding oneself out as qualified to practice without licensure.

It is unlawful to operate a dental office without a licensed dentist responsible for the practice.

The Act prohibits the sale or furnishing of dental appliances to the public except on prescription of a licensed dentist.

Ownership of a dental practice by a non-dentist is restricted; the Act requires that dental services be provided under the control of a licensed dentist.

Violations of the Act may be prosecuted by the Board through civil action or referred for criminal prosecution.

The Board is authorized to promulgate regulations that have the force of law when published under the Regulatory Review Act process.

Board regulations address licensure qualifications, examination standards, supervision levels, infection control, and continuing education.

The Board may establish fees for licensure, renewal, and examination by regulation within statutory limits.

The Board has authority to approve educational programs for dentists, hygienists, and EFDAs.

The Board may issue advisory opinions and policy statements interpreting the Act and regulations.

The Board must comply with the Sunshine Act for its public meetings and with the Right-to-Know Law for records requests.

The Board's decisions are subject to judicial review under the Administrative Agency Law; the standard is whether the adjudication is supported by substantial evidence.

The Board may require a licensee to submit to a professional evaluation when there is reasonable cause to believe the licensee is impaired.

Pennsylvania operates a professional health monitoring program for licensees with substance use or mental health conditions.

Participation in a monitoring program may be a condition of probation or a basis for deferred discipline.

Refusal to submit to a Board-ordered evaluation may itself be grounds for discipline.

Confidentiality protections apply to records of participation in an approved monitoring program, subject to statutory exceptions.

A licensee who practices while impaired endangers patients and is subject to suspension or revocation regardless of whether harm occurred.

Return to practice after impairment treatment typically requires documentation of fitness and compliance with monitoring conditions.

The Board may impose civil penalties for violations of the Act and regulations in addition to or instead of license sanctions.

Each day a violation continues may be treated as a separate violation for penalty purposes under the Act.

The Board may assess the costs of investigation and prosecution against a licensee found to have violated the Act.

The Board may seek injunctive relief in court to stop unlicensed practice or ongoing violations.

Civil penalties are collected by the Board and may be enforced through the courts if unpaid.

Criminal penalties for unlicensed practice may include fines and imprisonment under the Act.

The Board may enter into settlement agreements that include civil penalties, monitoring, and practice restrictions.

Patients have the right to be informed of the identity and qualifications of the treating provider.

Informed consent requires disclosure of the diagnosis, proposed treatment, material risks, alternatives, and the consequences of no treatment.

Consent must be documented in the record; verbal consent should be noted with the date and the person obtaining it.

Patients have the right to access their records and to receive copies within the time required by law.

Minors and incapacitated patients require consent from a parent, guardian, or authorized representative.

Patients must be informed of fees and payment policies before treatment when practicable.

A patient may refuse treatment, and the refusal must be documented in the record.

A dentist may prescribe controlled substances only for legitimate dental purposes within the scope of practice.

Prescriptions must include the prescriber's DEA number and Pennsylvania controlled substance registration number.

Dentists must query the Prescription Drug Monitoring Program as required by Pennsylvania law before prescribing certain controlled substances.

Prescribing to oneself, family members, or others outside a legitimate dentist-patient relationship is prohibited.

Records of controlled substance prescriptions must be maintained and available for inspection.

Loss or theft of controlled substances must be reported as required by state and federal law.

Continuing education in safe prescribing and opioid awareness may be required for renewal.

Advertising must not be false, deceptive, or misleading and must include the name of the responsible licensed dentist.

Guarantees of results and claims of superiority that cannot be substantiated are prohibited.

Testimonials and before-and-after images must comply with Board regulations and must not misrepresent outcomes.

Use of the title 'specialist' requires Board-recognized specialty certification.

Advertising must not offer free services conditioned on the purchase of other services in a misleading manner.

Solicitation of patients in a manner that exploits vulnerability or involves undue influence is prohibited.

Records supporting advertising claims must be retained and available to the Board.

A dental practice must be owned or controlled by a licensed dentist; non-dentist ownership of the clinical practice is restricted under the Act.

Management service organizations may provide administrative services but may not control clinical decisions or the practice of dentistry.

Fee splitting with non-licensees for patient referrals is prohibited.

Leasing of space or equipment must not include payments tied to patient referrals.

Employment arrangements must ensure that only licensed or appropriately certified personnel perform dental procedures.

The dentist of record is responsible for compliance with the Act regardless of business structure.

Contracts that purport to transfer clinical control to a non-dentist are unenforceable and may support discipline.

Licensees must report suspected child abuse and neglect as required by the Child Protective Services Law.

Licensees must report certain criminal convictions and disciplinary actions to the Board within the required time.

Dentists must report known violations of the Act by other licensees in circumstances defined by regulation.

Failure to report required events is itself a violation subject to discipline.

Reports must be made in the form and manner prescribed by the Board or the receiving agency.

Confidentiality obligations do not bar reports required by law.

Retaliation against a person who makes a good-faith report is prohibited.

Records must be legible, accurate, and contemporaneous, and must identify the provider and date of each entry.

Records must document the medical and dental history, clinical findings, diagnosis, treatment plan, and informed consent.

Records must be retained for the period specified by regulation and longer if required by other law.

Records must be released to the patient or authorized representative within the time required by law.

Electronic records must be maintained with appropriate security and backup to prevent loss.

Alteration of records after a complaint or dispute may constitute unprofessional conduct.

Records of a closed practice must be transferred or retained in a manner that preserves patient access.

General supervision permits the hygienist to perform authorized services without the dentist present when the dentist has examined the patient and authorized the treatment.

Direct supervision requires the dentist to be present in the office and available to observe and assist.

Personal supervision requires the dentist to be physically present at the chairside during the procedure.

Only procedures authorized by the Act and regulations may be delegated; the dentist retains responsibility for the quality of delegated care.

EFDAs may perform reversible procedures such as placing and contouring restorative material under direct supervision.

Hygienists may not diagnose, treatment plan, or perform irreversible procedures.

Supervision requirements must be documented in the patient record, including the supervising dentist's authorization.

Obtaining a license by fraud, misrepresentation, or cheating on an examination is grounds for discipline and license revocation.

Allowing another person to take an examination on one's behalf is a violation of the Act.

Falsifying continuing education documentation is unprofessional conduct.

Misrepresenting credentials on a licensure application is a basis for denial or revocation.

The Board may investigate allegations of examination irregularity and impose sanctions.

Licensure by credentials from another jurisdiction requires verification of the original license and examination history.

A license obtained through fraud is void and may be revoked retroactively.

Temporary licenses may be issued for limited duration and scope, such as for volunteer or educational purposes.

Volunteer licenses are typically issued to dentists providing care at approved clinics without compensation.

Temporary licensees must practice under the conditions specified by the Board and may not exceed the authorized scope.

Temporary licenses are not renewable indefinitely and expire on the date stated.

The Board may revoke a temporary or volunteer license for the same grounds as a full license.

Applicants for temporary licensure must meet the qualifications specified by regulation, including examination and education requirements.

Supervision requirements apply to temporary licensees as specified in the order granting the license.

A dentist may terminate the dentist-patient relationship only for reasonable cause and with written notice.

Notice must provide sufficient time for the patient to obtain alternative care and must include emergency contact information.

Abandonment occurs when a dentist terminates care without notice or refuses to provide emergency care.

The record must document the termination notice and the patient's receipt of it.

A dentist may not terminate care during an active treatment episode without arranging continuity of care.

Patients who fail to follow treatment recommendations may be terminated after documented warnings.

Termination does not relieve the dentist of obligations regarding records and pending treatment.

Dentists must comply with CDC infection control guidelines and Pennsylvania Department of Health regulations.

Sterilization of instruments must be monitored and documented, including spore testing records.

Barrier techniques and personal protective equipment are required for all clinical personnel.

Needlestick and exposure incidents must be documented and managed according to protocol.

Infection control violations may result in discipline and civil penalties.

Records of sterilization monitoring must be retained and available for inspection.

Waterline and equipment maintenance must follow manufacturer and regulatory standards.

A dentist may announce a specialty only if certified by a Board-recognized specialty board.

Specialty practice is limited to the specialty in which the dentist is certified.

Advertising a specialty without certification is misleading and prohibited.

The Board recognizes specialty areas consistent with those recognized by the American Dental Association.

A general dentist may perform procedures within the scope of dentistry but may not hold out as a specialist.

Referral to a specialist must be based on the patient's needs and disclosed to the patient.

The Board publishes disciplinary actions, including the nature of the violation and the sanction imposed.

Licensees must report disciplinary actions taken against them in other jurisdictions.

A licensee must report certain arrests and convictions to the Board within the required time.

Public disciplinary records are subject to the Right-to-Know Law and Board policy.

Failure to report a required disciplinary action is a separate violation.

The Board may require a licensee to post notice of discipline in the practice setting in specified cases.

Disciplinary history may be considered in licensure renewal and reinstatement decisions.

A revoked license may be restored only by Board order after a petition and hearing.

A suspended license may be reinstated upon satisfaction of the conditions of suspension.

Reinstatement may require evidence of rehabilitation, continuing education, and examination.

A lapsed license may be reactivated by payment of fees and completion of required continuing education.

The Board may impose conditions on reinstatement, including probation and monitoring.

Reinstatement is discretionary, and the applicant bears the burden of demonstrating fitness.

Practicing during a period of suspension or revocation is unlicensed practice.

Any person may file a complaint with the Board alleging a violation of the Act or regulations.

The Board may initiate an investigation on its own motion based on information received.

Investigations may include requests for records, interviews, and subpoenas for testimony.

The licensee must cooperate with the investigation; failure to cooperate is a violation.

The Board may refer matters for criminal prosecution or to other agencies.

Investigations are confidential until formal action is taken, subject to statutory exceptions.

The Board may dismiss a complaint if it finds no violation or insufficient evidence.

Licensees must retain continuing education certificates for the period specified by regulation.

The Board may audit a random sample of licensees each renewal cycle.

Audited licensees must submit documentation within the time specified in the audit notice.

Failure to respond to an audit may result in license suspension or nonrenewal.

Continuing education hours must be in Board-approved subjects and providers.

Self-study and online courses are acceptable only if Board-approved and documented.

False documentation of continuing education is unprofessional conduct.

Administration of general anesthesia or sedation in a dental office requires a Board permit and compliance with facility and equipment standards.

Permit holders must maintain current certification in advanced cardiac life support and emergency management.

The Board inspects facilities and may require documentation of equipment, drugs, and monitoring.

Sedation must be administered by a qualified licensee within the scope of the permit.

Records of anesthesia administration and monitoring must be maintained.

Permits are subject to renewal and inspection and may be suspended for noncompliance.

Failure to maintain required equipment or personnel is grounds for discipline.

A dentist must be licensed in Pennsylvania to practice in Pennsylvania, regardless of licensure elsewhere.

Telehealth practice into Pennsylvania requires Pennsylvania licensure unless an exception applies.

The Board may discipline a licensee for conduct in another jurisdiction that would be a violation in Pennsylvania.

Licensure by credentials may be available for licensees from other jurisdictions meeting Board criteria.

Interstate compacts, if adopted, would govern practice across state lines under compact rules.

Practicing across state lines without proper licensure is unlicensed practice.

The Board may share information with other licensing boards under confidentiality agreements.

Licensure and renewal fees are set by the Board by regulation within statutory limits.

Renewal applications must be filed before the expiration date to avoid late fees and lapse.

A license that lapses for nonrenewal may be reactivated by paying fees and meeting continuing education requirements.

The Board may impose administrative fees for processing late renewals and reinstatements.

Fee payments must be made in the manner prescribed by the Board.

Refunds of fees are generally not available once a license is issued.

Failure to pay required fees may result in nonrenewal and inactive status.

A dentist must place patient welfare above financial interest and avoid conflicts of interest.

Confidentiality of patient information must be maintained except as required or permitted by law.

A dentist must not engage in harassment, discrimination, or abusive conduct toward patients or staff.

A dentist must not exploit a patient relationship for personal gain.

A dentist must provide emergency care within the scope of competence or refer appropriately.

A dentist must be honest in dealings with patients, insurers, and the Board.

A dentist must maintain professional competence through continuing education and self-assessment.