PA Dental Jurisprudence flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Dental Practice Act citation

Act 76 of 1933 is Pennsylvania's Dental Practice Act, establishing the State Board of Dentistry and governing licensure, scope of practice, and discipline for dentists, hygienists, and EFDAs.

Board composition requirement

The State Board of Dentistry includes dentist members, a dental hygienist member, and public members appointed by the Governor, with professional members actively practicing in Pennsylvania.

Practice of dentistry defined

The Act defines dentistry as diagnosis, treatment planning, surgery, restoration of teeth and oral structures, fitting dental appliances, and administering anesthesia within the licensed scope.

EFDA scope

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

Dentist licensure requirements

A Pennsylvania dental license requires graduation from an approved dental school, passage of the National Board Dental Examination and a Board-accepted clinical examination, and completion of required training.

Hygienist licensure requirements

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

Biennial renewal

Dental licenses and certifications renew every two years and require completion of mandated continuing education hours and payment of the renewal fee before expiration.

Lapsed license reactivation

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

Unprofessional conduct examples

Unprofessional conduct includes practicing beyond scope, aiding unlicensed practice, recordkeeping failures, impairment, fee splitting, false advertising, and failure to obtain informed consent.

Informed consent elements

Informed consent requires disclosure of diagnosis, proposed treatment, material risks, alternatives, and consequences of declining treatment, documented in the patient record.

Patient abandonment

Abandonment occurs when a dentist terminates care without reasonable written notice and an opportunity to obtain alternative care, or refuses emergency care.

Board disciplinary sanctions

The Board may impose reprimand, suspension, revocation, probation, practice limitations, civil penalties, and assessment of investigation and prosecution costs.

Unlicensed practice offense

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.

Judicial review standard

A licensee may appeal a final Board adjudication to Commonwealth Court, which reviews whether the decision is supported by substantial evidence and free of legal error.

Direct supervision meaning

Direct supervision means the dentist is physically present in the office and available to observe and assist the procedure being performed by an auxiliary.

General supervision meaning

General supervision means the dentist has examined the patient and authorized treatment but is not required to be present while the hygienist performs the service.

Personal supervision meaning

Personal supervision requires the dentist to be physically present at the chairside during the procedure performed by an auxiliary.

Hygienist scope limits

Dental hygienists may perform prophylaxis, scaling, root planing, fluoride, and sealants but may not diagnose, develop treatment plans, or perform irreversible procedures.

Record retention

Patient dental records must be retained for the period required by regulation and released to the patient or authorized representative within the time required by law.

Practice closure obligations

A dentist closing a practice must notify patients, arrange for record transfer or retention, and comply with Board notification requirements to preserve patient access.

Advertising requirements

Dental advertising must include the name of the responsible licensed dentist and must not contain false, deceptive, or misleading statements or unsubstantiated guarantees.

CE documentation

Continuing education must be obtained from Board-approved providers and documented with certificates showing provider, date, hours, and topic for audit purposes.

Child abuse CE mandate

Pennsylvania law requires licensees to complete continuing education in child abuse recognition and reporting as a condition of license renewal.

CE audit

The Board may audit continuing education records and require submission of certificates; failure to respond may result in nonrenewal or suspension.

Consent agreement

A consent agreement resolves a disciplinary case without a full hearing and carries the same disciplinary effect as a Board adjudication.

Interim suspension

The Board may impose an interim suspension when there is a clear and immediate danger to public health and safety pending a final hearing.

Board subpoena power

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

Prohibited title use

Using the title dentist or dental hygienist without a license, or holding oneself out as qualified to practice without licensure, is a prohibited act under the Act.

Non-dentist ownership restriction

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

Mandatory reporting duty

Licensees must report suspected child abuse, certain criminal convictions, and other disciplinary actions to the Board within the time required by regulation.

Impairment evaluation

The Board may order a professional evaluation when there is reasonable cause to believe a licensee is impaired, and refusal may itself be grounds for discipline.

Civil penalty authority

The Board may impose civil penalties per violation in addition to license sanctions and may assess the costs of investigation and prosecution against the licensee.