Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Dentists. Unprofessional conduct, as defined in section
4.1(a)(8) of the act (63 P. S. §
123.1(a)(8)), includes the
following conduct by a dentist:
(1) Knowingly
or negligently employing as a dentist, dental hygienist or expanded function
dental assistant a person whose license or certificate is not current or has
been suspended or revoked.
(2)
Failing to carry out supervisory responsibility with regard to auxiliary
personnel or dental residents/interns.
(3) Delegating to a person duties that the
dentist knows, or has reason to know, the person is not competent to perform or
not authorized to perform.
(4)
Withdrawing dental services after a dentist-patient relationship has been
established so that the patient is unable to obtain necessary dental care in a
timely manner.
(5) Physically,
sexually or verbally abusing a patient.
(6) Unnecessarily exposing a patient to
ionizing radiation.
(7) Failing to
follow current infection-control recommendations issued by the Federal Centers
for Disease Control or to ensure that auxiliary personnel and other supervisees
follow these Federal guidelines.
(8) Failing to provide necessary dental care
to a patent in a timely manner or to apprise the patient of the need for the
care.
(9) Failing to make available
to a patient, within 30 days of a request, information sufficient to enable the
patient to complete an insurance form.
(b)
Dental hygienists.
Unprofessional conduct, as defined in section 4.1(a)(8) of the act includes the
following conduct by a dental hygienist:
(1)
Practicing as a dental hygienist without the supervision of a
dentist.
(2) Performing a service
that the dental hygienist knows, or has reason to know, the hygienist is not
competent to perform or not authorized to perform.
(3) Physically, sexually or verbally abusing
a patient.
(4) Failing to follow
current infection-control recommendations issued by the Federal Centers for
Disease Control.
(5) Unnecessarily
exposing a patient to ionizing radiation.
(c)
Expanded function dental
assistants. Unprofessional conduct, as defined in section 4.1(a)(8) of
the act includes the following conduct by an expanded function dental
assistant:
(1) Practicing as an expanded
function dental assistant without the direct supervision of a
dentist.
(2) Performing a service
that the expanded function dental assistant is not competent or not authorized
to perform.
(3) Physically,
sexually or verbally abusing a patient.
(4) Failing to follow current
infection-control recommendations issued by the Federal Centers for Disease
Control.
(5) Providing ionizing
radiation in violation of §
33.302 (relating to auxiliary
personnel performing radiologic procedures).
The provisions of this §33.211 amended under
sections 2-5.1, 10-11.5 and 11.7 of the Dental Law (63 P. S. §§
121-124.1, 129-129.1,
130,
130e and
130h).
