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 A - GENERAL PROVISIONS
Section 33.1 - Definitions
Current through Register Vol. 54, No. 44, November 2, 2024
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ASA CLASS I-A classification of patient status developed by the American Society of Anesthesiologists for a patient without systemic disease.
ASA CLASS II-A classification of patient status developed by the American Society of Anesthesiologists for a patient with mild systemic disease.
ASA CLASS III-A classification of patient status developed by the American Society of Anesthesiologists for a patient with severe systemic disease that limits activity but is not incapacitating.
ASA CLASS IV-A classification of patient status developed by the American Society of Anesthesiologists for a patient with incapacitating systemic disease that is a constant threat to life.
ASA CLASS V-A classification of patient status developed by the American Society of Anesthesiologists for a moribund patient not expected to survive 24 hours with or without operation.
Act-The Dental Law (63 P. S. §§ 120-130i), which regulates the licensure of dentists and dental hygienists and the practice of dentistry and practice as a dental hygienist in this Commonwealth.
Auxiliary personnel-Persons who perform dental supportive procedures authorized by the act and this chapter under the general or direct supervision of a dentist.
Board regulated practitioner-A dentist, restricted faculty license holder, dental hygienist, public health dental hygiene practitioner or expanded function dental assistant.
Bodily injury-Impairment of physical condition or substantial pain.
Bureau-The Bureau of Professional and Occupational Affairs of the Commonwealth.
Child-An individual under 18 years of age.
Child abuse-Intentionally, knowingly or recklessly doing any of the following:
(i) Causing bodily injury to a child through any recent act or failure to act.
(ii) Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.
(iii) Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.
(iv) Causing sexual abuse or exploitation of a child through any act or failure to act.
(v) Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.
(vi) Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.
(vii) Causing serious physical neglect of a child.
(viii) Engaging in any of the following recent acts:
ChildLine-An organizational unit of the Department of Human Services, which operates a 24-hour a day Statewide toll free telephone system for receiving reports of suspected child abuse, referring reports for investigation and maintaining the reports in the appropriate file.
Continuing education certificate-A document prepared by the program sponsor which contains the title of the course, the dates attended or completed and the hours of education completed.
Coronal polishing-
(i) A procedure limited to the supragingival removal of light plaque and extrinsic stain form the exposed natural and restored surfaces of the teeth using a rotary instrument with a rubber cup or bursh and a polishing agent.
(ii) The term does not include calculus removal.
Credit hour-A minimum unit of continuing education consisting of 60 minutes of instruction. Programs longer than 60 minutes will be credited in 30 minute increments.
Current patient-
(i) A person that is in the process of dental treatment with a Board-regulated practitioner or who has been treated by the Board-regulated practitioner within the previous 3 months.
(ii) The term does not include a patient who has terminated the Board-regulated practitioner/patient relationship by being accepted as a patient of record at another dental practice.
Dental clinic-A public or quasipublic institution operated not for profit which has as a primary purpose providing dental health care.
Department-The Department of State of the Commonwealth.
Direct supervision-Supervision by a dentist who examines the patient, authorizes the procedure to be performed, is physically present in the dental facility and available during performance of the procedure, and examines and takes full professional responsibility for the completed procedure.
EFDA program-An expanded function dental assisting training program.
General supervision-In a dental facility, supervision by a dentist who examines the patient, develops a treatment plan, authorizes the performance of dental hygiene services to be performed within 1 year of the examination, and takes full professional responsibility for the performance of the dental hygienist. In facilities identified in § 33.205(c)(2) and (3) (relating to practice as a dental hygienist), general supervision is defined in § 33.205(d)(2).
Individual study-A course of continuing education offered by an approved program sponsor, which permits the participant to learn without interacting with an instructor or interactive learning methodologies and which requires a passing grade on a written examination or workbook.
Local anesthesia-The elimination of sensations, especially pain, in one part of the body by regional injection of an anesthetic agent.
Mandated reporter-A person who is required under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse) to make a report of suspected child abuse. For purposes of this chapter, the term includes all Board regulated practitioners.
Parent-A biological parent, adoptive parent or legal guardian.
Perpetrator-A person who has committed child abuse as defined in this section.
(i) This term includes only the following:
(ii) Only the following may be considered a perpetrator for failing to act, as provided in this section:
Person responsible for the child's welfare-A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control.
Program, activity or service-Any of the following in which children participate and which is sponsored by a school or a public or private organization:
(i) A youth camp or program.
(ii) A recreational camp or program.
(iii) A sports or athletic program.
(iv) A community or social outreach program.
(v) An enrichment or educational program.
(vi) A troop, club or similar organization.
Program sponsor-The party approved by the Board who is responsible for the development and presentation of the continuing dental education program.
Public health dental hygiene practitioner-A licensed dental hygienist who is certified by the Board as having met the requirements of section 11.9 of the act (63 P.S. § 130j), and who is authorized to perform dental hygiene services in accordance with § 33.205b (relating to practice as a public health dental hygiene practitioner) without the authorization, assignment or examination of a dentist.
Recent act or failure to act-An act or failure to act committed within 2 years of the date of the report to the Department of Human Services or county agency.
Serious mental injury-A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does one or more of the following:
(i) Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child's life or safety is threatened.
(ii) Seriously interferes with a child's ability to accomplish age-appropriate developmental and social tasks.
Serious physical neglect-Any of the following when committed by a perpetrator that endangers a child's life or health, threatens a child's well-being, causes bodily injury or impairs a child's health, development or functioning:
(i) A repeated, prolonged or egregious failure to supervise a child in a manner that is appropriate considering the child's developmental age and abilities.
(ii) The failure to provide a child with adequate essentials of life, including food, shelter or medical care.
Sexual abuse or exploitation-Any of the following:
(i) The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes the following:
(ii) Any of the following offenses committed against a child:
(iii) For the purposes of subparagraph (i), the term does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within 4 years of the child's age.
Sexual misconduct-Any conduct with a current patient, including words, gestures or expressions, actions or any combination thereof, which is sexual in nature, or which may be construed by a reasonable person as sexual in nature.
Subgingival agents-Therapeutic agents, including antimicrobials, antibiotics, antiseptics or anesthetics, placed below the free margin of the gingiva by a local delivery system or device, including injectable systems for ointments, gels or pastes, and degradable or nondegradable devices, such as fibers, films, strips, slaps, spheres, discs or chips.
The provisions of this §33.1 amended under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); sections 3, 4.1(a)(8) and 10.1 of The Dental Law (63 P.S. §§ 122, 123(a)(8) and 129.1); and section 4 of the act of April 29, 2010 (P.L. 176, No. 19).
This section cited in 49 Pa. Code § 33.202 (relating to fictitious names).
