PROPOSED RULEMAKINGS
STATE BOARD
OF DENTISTRY
[ 49 PA. CODE CH. 33 ]
Expanded Function Dental Assistant Scope of Practice and Continuing Education
[41 Pa.B. 4960]
[Saturday, September 17, 2011]The State Board of Dentistry (Board) proposes to amend §§ 33.205a and 33.402 (relating to practice as an expanded function dental assistant; and continuing education subject areas) to read as set forth in Annex A.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized by section 4 of the act of April 29, 2010 (P. L. 176, No. 19) (Act 19), which requires the Board to promulgate regulations within 18 months of its effective date (June 28, 2010), and section 3(d.1), (j) and (o) of The Dental Law (act) (63 P. S. § 122(d.1), (j) and (o)), which authorizes the Board to regulate expanded function dental assistants and continuing education and to promulgate regulations as may be deemed necessary and proper by the Board to carry into effect the powers conferred by the act.
Background and Purpose
Act 19 amended the act to expand the scope of practice of expanded function dental assistants to include performing coronal polishing, performing fluoride treatments and taking impressions of teeth for limited purposes. This proposed rulemaking would amend § 33.205a to conform to the amendments made by Act 19. Additionally, the Board is concerned that many existing expanded function dental assistants may have not had training in the area of coronal polishing. Therefore, the Board proposes to require expanded function dental assistants, with the exception of those who are also licensed dental hygienists, to complete 3 hours of continuing dental education in the area of coronal polishing during the next biennial renewal cycle.
Description of Proposed Amendments
The Board proposes to amend § 33.205a to include coronal polishing, fluoride treatments and taking impressions within the scope of practice of expanded function dental assistants that are certified by the Board. The Board also proposes to amend § 33.402 to require expanded function dental assistants certified by the Board to complete 3 hours of continuing dental education in the area of coronal polishing during the next renewal cycle. Existing expanded function dental assistants will be required to comply by completing the 3 hours in coronal polishing during the April 1, 2011, to March 31, 2013, renewal period. Because they are exempt from continuing education during the biennial renewal cycle in which they pass the certification exam and are initially certified, newly certified expanded function dental assistants will be required to complete the 3 hours in coronal polishing during the first renewal cycle after initial certification. This 3-hour requirement may not be met by online or distance education but shall be completed by physical attendance at a clinical training program provided by an approved continuing education program sponsor. The Board also proposes to provide an exception to this requirement for licensed dental hygienists who also hold certification as expanded function dental assistants.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking should not have fiscal impact on the Commonwealth or its political subdivisions or on the regulated community.
The proposed rulemaking should not result in additional legal, accounting or reporting requirements for the Commonwealth or the regulated community.
Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, a sunset date has not been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 6, 2011, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC). A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Cynthia Montgomery, Regulatory Counsel, State Board of Dentistry, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking.
PHILIP T. SIEGEL, D.D.S.,
ChairpersonFiscal Note: 16A-4624. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 33. STATE BOARD OF DENTISTRY
Subchapter C. MINIMUM STANDARDS OF CONDUCT AND PRACTICE § 33.205a. Practice as an expanded function dental assistant.
(a) Scope of professional practice.
(1) An expanded function dental assistant may offer to perform or perform the following services:
* * * * * (vii) Placing and finishing composite resin restorations [and/or] or sealant material, or both.
(viii) Performing coronal polishing.
(ix) Performing fluoride treatments, including fluoride varnish.
(x) Taking impressions of teeth for study models, diagnostic casts or athletic appliances.
* * * * * (b) Prohibitions. An expanded function dental assistant may not perform the following procedures:
(1) [Examine, diagnose or plan treatment] Complete or limited examination, diagnosis and treatment planning.
(2) [Cut] Surgical or cutting procedures of hard or soft tissue.
(3) [Prescribe] Prescribing drugs, medicaments or [lab] work authorizations.
(4) [Approve the final occlusion] Final inspection and approval of restorative and other treatment which affects occlusion and necessary occlusal adjustments.
(5) [Perform pulp] Pulp capping, pulpotomy and other endodontic procedures.
(6) [Perform final placement/cementation] Placement and intraoral adjustments of fixed and removable prosthetic appliances.
(7) [Administer] Administration of local anesthesia, parenteral or inhalational sedation, nitrous oxide analgesia or general anesthesia.
(8) Take impressions other than for study models [or], diagnostic casts or athletic appliances.
(c) Supervision. Expanded function dental assistants shall perform under the direct supervision of a dentist. Direct supervision means that a dentist is in the dental office or treatment facility, personally diagnoses the condition to be treated, personally authorizes the procedure and remains in the dental office or treatment facility while the procedure is being performed by the expanded function dental assistant, and, before dismissal of the patient, personally evaluates the work performed by the expanded function dental assistant.
Subchapter F. CONTINUING DENTAL EDUCATION § 33.402. Continuing education subject areas.
* * * * * (g) Expanded function dental assistants shall comply with the following:
(1) An expanded function dental assistant certified by the Board by March 31, 2011, shall complete 3 of the 10 required hours of continuing education during the biennial renewal period of April 1, 2011, to March 31, 2013, in the area of coronal polishing.
(2) An expanded function dental assistant certified by the Board after March 31, 2011, shall complete 3 of the 10 required hours of continuing education during the first complete biennial renewal cycle after initial certification in the area of coronal polishing.
(3) The requirements in this subsection may not be met through online or distance education. The requirements in this subsection shall be completed by physical attendance at a clinical training course offered by an approved program sponsor.
(4) The requirements in this subsection do not apply to licensed dental hygienists who also hold certification as expanded function dental assistants.
[Pa.B. Doc. No. 11-1598. Filed for public inspection September 16, 2011, 9:00 a.m.]
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