Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Scope of professional
practice. A public health dental hygiene practitioner may perform the
dental hygiene services set forth in §
33.205(a)(2)-(6)
(relating to practice as a dental hygienist) in the practice settings
identified in subsection (c) without the authorization, assignment or
examination by a dentist. A public health dental hygiene practitioner may
perform the dental hygiene services set forth in §
33.205(a)(1) and
(7) in accordance with §
33.205(d).
(b)
Requirement
of referral. A public health dental hygiene practitioner shall refer
each patient to a licensed dentist on an annual basis. Documentation of the
referral must be maintained in the patient's dental record. The failure of the
patient to see a dentist as referred will not prevent the public health dental
hygiene practitioner from continuing to provide dental hygiene services to the
patient within the scope of professional practice set forth in subsection
(a).
(c)
Practice
settings. A public health dental hygiene practitioner may perform
dental hygiene services without the supervision of a dentist in the following
practice settings:
(1) Public and private
educational institutions that provide elementary and secondary instruction to
school aged children under the jurisdiction of the State Board of Education,
and in accordance with all applicable provisions of the Public School Code of
1949 (24 P.S. §§ 1-101-27-2702), the regulations relating to the
certification of professional personnel in 22 Pa. Code Chapter 49 (relating to
certification of professional personnel), and the regulations of the Department
of Health in 28 Pa. Code §
23.35 (relating to dental
hygienists).
(2)
Correctional facilities. For purposes of this section,
correctional facilities include Federal prisons and other institutions under
the jurisdiction of the United States Department of Justice, Bureau of Prisons
which are located within this Commonwealth; institutions, motivational boot
camps and community corrections centers operated or contracted by the
Department of Corrections; and jails, prisons, detention facilities or
correctional institutions operated or contracted by local, county or regional
prison authorities within this Commonwealth.
(3) Health care facilities, as defined in
section 802.1 of the Health Care Facilities Act (35 P.S. §
448.802a), including a general, chronic
disease or other type of hospital; a home health care agency; a home care
agency; a hospice; a long-term care nursing facility; a cancer treatment
center; an ambulatory surgical facility or a birth center.
(4) Any other facility licensed and regulated
by the Department of Health or a successor agency.
(5) A "facility," as defined in section 1001
of the Human Services Code (62 P.S. §
1001), including an adult day care center;
child day care center; family child care home; boarding home for children;
mental health establishment; personal care home; assisted living residence;
nursing home, hospital or maternity home.
(6) Any other facility licensed and regulated
by the Department of Human Services or a successor agency.
(7) Domiciliary care facilities, as defined
in section 2202-A of The Administrative Code of 1929 (71 P.S. §
581-2).
(8) Older adult daily living centers, as
defined in section 2 of the Older Adult Daily Living Centers Licensing Act
(62
P.S. §
1511.2).
(9) Continuing-care provider facilities, as
defined in section 3 of the Continuing-Care Provider Registration and
Disclosure Act (40 P.S. §
3203).
(10)
Federally-qualified health
centers, as defined in section 1905(1)(2)(B) of the Social Security
Act (42 U.S.C.A. § 1369(1)(2)(B)). For purposes of this section, the term
includes Federally-qualified health center lookalikes that do not receive grant
funds under section 330 of the Public Health Service Act (42 U.S.C.A. §
254b).
(11) Public or private institutions under the
jurisdiction of a Federal, State or local agency.
(12) Free and reduced-fee nonprofit health
clinics.
(13) An office or clinic
of a physician who is licensed by the State Board of Medicine under the Medical
Practice Act of 1985 (63 P.S. §§ 422.1-422.53) or by the State Board
of Osteopathic Medicine under the Osteopathic Medical Practice Act (63 P.S.
§§ 271.1-271.18), that is located in a dental health professional
shortage area, as determined by the United States Department of Health and
Human Services, Health Resources & Services Administration, and published
on the Pennsylvania Department of Health's web site at
www.health.pa.gov. For purposes of this
paragraph, an office or clinic of a physician includes a "satellite location"
as defined in §
18.122 (relating to definitions)
or "satellite operations" as defined in §
25.142 (relating to
definitions).
(14) A "facility," as
defined in 28 Pa. Code §701.1 (relating to general definitions) that is
licensed by the Department of Drug and Alcohol Programs to provide drug and
alcohol treatment services.
(d)
Recordkeeping. A public
health dental hygiene practitioner shall maintain a dental record which
accurately, legibly and completely reflects the dental hygiene services
provided to the patient. The dental record must be retained for at least 5
years from the date of the last treatment entry. The dental record must
include, at a minimum, the following:
(1) The
name and address of the patient and, if the patient is a minor, the name of the
patient's parents or legal guardian.
(2) The date dental hygiene services are
provided.
(3) A description of the
treatment or services rendered at each visit.
(4) The date and type of radiographs taken,
if any, and documentation demonstrating the necessity or justification for
taking radiographs, as well as the radiographs themselves.
(5) Documentation of the annual referral to a
dentist.
The provisions of this §33.205b issued under
section 3(d), (j.2) and (o) of The Dental Law (63 P.S. §
122(d), (j.2) and (o)); and
amended under sections 3(o) and 11.9(b)(10) of The Dental Law (63 P.S.
§§
122(o) and
130j(b)(10)).
This section cited in 49 Pa. Code §
33.1 (relating to definitions);
and 49 Pa. Code §
33.302 (relating to requirements
for personnel performing radiologic
procedures).
