PROPOSED RULEMAKING
STATE BOARD OF DENTISTRY
[49 PA. CODE CH. 33]
Licensure by Endorsement
[54 Pa.B. 4130]
[Saturday, July 20, 2024]The State Board of Dentistry (Board) proposes to amend § 33.1 (relating to definitions) and add §§ 33.107a and 33.107b (relating to licensure by endorsement; and provisional endorsement license) to read as set forth in Annex A.
Effective Date
This proposed rulemaking will be effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
Statutory Authority
Section 3111 of 63 Pa.C.S. (relating to licensure by endorsement) requires licensing boards and commissions to ''issue a license, certificate, registration or permit to an applicant to allow practice in this Commonwealth'' provided the applicant meets the following criteria: ''[h]olds a current license, certificate, registration or permit from another state, territory or country'' whose ''licensing. . . requirements are substantially equivalent to or exceed the requirements. . .in this Commonwealth[;]'' ''demonstrates competency[;]'' ''[h]as not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice that profession or occupation in this Commonwealth, unless the. . .board or. . .commission determines'' the conduct is not an impediment to granting the ''license, certificate, registration or permit[;]'' ''[i]s in good standing and has not been disciplined by the jurisdiction that issued the license, certificate, registration or permit, unless the. . .board or. . .commission determines'' this conduct is not an impediment to granting the ''license, certificate, registration or permit'' and the applicant pays fees, as established by regulation. Additionally, 63 Pa.C.S. § 3111 authorizes boards and commissions to ''issue a provisional license, certificate, registration or permit'' while an applicant is satisfying remaining requirements for licensure by endorsement, for which the Board must set by regulation the terms of expiration. Section 3(o) of The Dental Law (act) (63 P.S. § 122(o)) grants the Board authority ''[t]o adopt, promulgate, and enforce such rules and regulations as may be deemed necessary by the board and proper to carry into effect the powers hereby conferred.''
The act of July 1, 2020 (P.L 575, No. 53) added 63 Pa.C.S. § 3111 as part of the consolidation of the act of July 2, 1993 (P.L. 345, No. 48) (Act 48) into 63 Pa.C.S. Chapter 31 (relating to powers and duties). The text of 63 Pa.C.S. § 3111 was originally added to Act 48 by the act of July 1, 2019 (P.L. 292, No. 41).
Background and Need for the Amendments
This proposed rulemaking is needed to effectuate 63 Pa.C.S. § 3111, which requires the Board to issue a license, certificate, registration or permit to applicants who meet the requirements for licensure by endorsement as set forth in 63 Pa.C.S. § 3111. Under 63 Pa.C.S. § 3111, the Board must determine whether standards for licensure are substantially equivalent to or exceed those established by the Board. Additionally, 63 Pa.C.S. § 3111 requires the Board to determine the methods of competency, including completion of continuing education or experience in the profession or occupation for at least 2 of the 5 years immediately preceding the filing of the application, and must establish, by regulation, the expiration of a provisional endorsement license. This proposed rulemaking sets forth the criteria for eligibility for licensure by endorsement for dentists, dental hygienists and expanded function dental assistants (EFDA), including the specific methods required for an applicant to demonstrate competency as well as requirements for granting a provisional endorsement license.
Description of the Proposed Amendments
The Board proposes to amend § 33.1 by adding a definition for the term ''jurisdiction'' consistent with 63 Pa.C.S. § 3111. Proposed § 33.107a requires an applicant to satisfy seven criteria required for licensure by endorsement. Under proposed subsection (a)(1), an applicant shall have a current license, certification, registration or permit in good standing to practice in another jurisdiction whose standards are substantially equivalent to or exceed standards established under section 3(c), (d) and (d.1) of the act, and §§ 33.102 and 33.103 (relating to professional education; and examinations). Proposed subsection (a)(1) further requires an applicant to submit a copy of the current applicable law, regulation or other rule governing licensure, certification, registration or permit requirements and scope of practice in the jurisdiction that issued the license, certificate, registration or permit. This proposed rulemaking would also require that the copy of the applicable law, regulation or other rule include the enactment date. Additionally, because 63 Pa.C.S. § 3111 is applicable to territories and other countries that use languages other than English, where the applicable law, regulation or other rule is in a language other than English, the Board would require, at the applicant's expense, translation of the applicable law, regulation or other rule by a professional translation service.
Proposed subsection (a)(2) requires demonstration of competency. Under this provision, an applicant must provide proof of competency by demonstrating experience in the practice of the profession. To demonstrate competency by experience, an applicant must demonstrate active engagement in the practice of the profession for at least 2 of the 5 years immediately preceding the filing of the application under a license, certificate, registration or permit in a substantially equivalent jurisdiction or jurisdictions, that issued the license, certificate, registration or permit.
Proposed subsection (a)(3) and (4) incorporate the statutory prohibitions in 63 Pa.C.S. § 3111 pertaining to conduct that would constitute grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice the profession, and prior discipline by the jurisdiction that issued the license.
Proposed subsection (a)(5) provides for payment of an application fee, as required by 63 Pa.C.S. § 3111(a)(5). The applicable fees for licensure by endorsement are in the Board's existing fee schedule in § 33.3 (relating to fees) under ''application fees.''
Next, proposed subsection (a)(6) requires that applicants meet the professional liability requirements under the act and Chapter 33, including compliance with professional liability insurance requirements as set forth in section 3.2 of the act (63 P.S. § 122.2).
Finally, proposed subsection (a)(7) requires completion of 3 hours of training in child abuse recognition and reporting, which is mandated continuing education under 23 Pa.C.S. § 6383(b)(3)(i) (relating to education and training) and § 33.256 (relating to child abuse recognition and reporting—mandatory training requirement).
In proposed § 33.107a(b), the Board may require a personal interview or additional information to assist the Board in determining eligibility and competency. When a personal interview is necessary, to the extent practicable, the Board intends to offer flexibility in the manner in which an interview is conducted to include teleconference or video conferencing.
Consistent with 63 Pa.C.S. § 3111(a)(3) and (4), subsection (c) gives the Board discretion to determine that an act prohibited under section 4.1 of the act (63 P.S. § 123.1) or disciplinary action by another jurisdiction are not impediments to the granting of a license, certification, registration or a permit by endorsement under 63 Pa.C.S. § 3111. Boards routinely consider whether discipline or prohibited acts are impediments to licensure. The types of things Boards consider include the facts and circumstances surrounding the prohibited act or disciplinary action; an increase in age or maturity of the individual since the date of the prohibited act or disciplinary action; disciplinary history or lack of disciplinary history before and after the date of the prohibited act or disciplinary action; successful completion of education and training activities relating to the prohibited act or disciplinary action; and any other information relating to the fitness of the individual for licensure.
Consistent with 63 Pa.C.S. § 3111(b), proposed § 33.107b provides that the Board, in its discretion, may issue a provisional endorsement license while an applicant is satisfying remaining requirements under 63 Pa.C.S. § 3111 and proposed § 33.107a. Proposed subsection (b)(1) sets the expiration of a provisional endorsement license at 1 year, unless the Board determines that an expiration date of less than 1 year is appropriate. Additionally, under paragraph (2), upon a written request, the Board may extend the term of the license upon a showing of good cause. Proposed subsection (c) sets forth reasons for which a provisional endorsement license will be terminated by the Board, including when the Board grants or denies a license, the provisional endorsement licensee fails to comply with the terms of a provisional endorsement license or the provisional endorsement license expires. Finally, proposed subsection (d) clarifies that while an individual may reapply for a license by endorsement under proposed § 33.107a, the Board will not issue a subsequent provisional endorsement license to an applicant who previously held a provisional endorsement license that expired or was terminated.
Fiscal Impact and Paperwork Requirements
This proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The costs to the Board related to processing applications for licensure by endorsement will be recouped through fees paid by applicants. Under § 33.3, all applicants, including licensure by endorsement applicants, must pay an application fee ($235 application fee for dentists, $140 application fee for dental hygienists and $110 application fee for EFDAs). Applicants must complete child abuse recognition and reporting training, as required by 23 Pa.C.S. § 6383(b)(3)(i). There are free in-person and online child abuse recognition and reporting training options available; therefore, the Board does not anticipate a negative fiscal impact for this statutorily mandated training.
Sunset Date
The Board continuously monitors the cost effectiveness of the Board's regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on July 10, 2024, 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 to the chairperson of the Consumer Protection and Professional Licensure Committee of the Senate and the chairperson of the Professional Licensure Committee of the House of Representatives. 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 shall specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) 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.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to the Regulatory Counsel, P.O. Box 69523, Harrisburg, PA 17106-9523, RA-STRegulatoryCounsel@pa.gov within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference ''16A-4635 (Licensure by Endorsement)'' when submitting comments.
JENNIFER UNIS SULLIVAN, DMD, JD,
ChairpersonFiscal Note: 16A-4635. No fiscal impact; 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 A. GENERAL PROVISIONS § 33.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * 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.
Jurisdiction—A state, territory or country.
Local anesthesia—The elimination of sensations, especially pain, in one part of the body by regional injection of an anesthetic agent.
* * * * *
Subchapter B. LICENSURE OF DENTISTS AND DENTAL HYGIENISTS AND CERTIFICATION OF EXPANDED FUNCTION DENTAL ASSISTANTS (Editor's Note: Sections 33.107a and 33.107b are proposed to be added and are printed in regular type to enhance readability.)
§ 33.107a. Licensure by endorsement.
(a) Requirements for issuance. To be issued a license by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement), an applicant shall satisfy all of the following conditions:
(1) Have a current license, certification, registration or permit in good standing to practice as a dentist, dental hygienist or expanded function dental assistant in another jurisdiction whose licensure standards are substantially equivalent to or exceed those established under section 3(c), (d) and (d.1) of the act (63 P.S. § 122(c), (d) and (d.1)) and §§ 33.102 and 33.103 (relating to professional education; and examinations).
(i) An applicant shall submit a copy of the current applicable law, regulation or other rule governing licensure, certification, registration or permit requirements and scope of practice in the jurisdiction that issued the license, certificate, registration or permit.
(ii) If the applicable law, regulation or other rule and scope of practice is in a language other than English, at the applicant's expense, the applicable law, regulation or other rule and scope of practice shall be translated by a professional translation service and verified to be complete and accurate.
(iii) The copy of the applicable law, regulation or other rule and scope of practice must include the enactment date.
(2) Demonstrate competency by establishing experience in the practice of the profession by demonstrating, at a minimum, that the applicant has actively engaged in the licensed practice of their profession under a license, certificate, registration or permit in a jurisdiction or jurisdictions that have substantially equivalent licensure standards for at least 2 of the 5 years immediately preceding the filing of the application with the Board.
(3) Have not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice under section 4.1 of the act (63 P.S. § 123.1).
(4) Have not been disciplined by the jurisdiction that issued the license, certificate, registration or permit.
(5) Have paid the required application fee as required by § 33.3 (relating to fees).
(6) Have applied for licensure in accordance with this chapter in the manner and format prescribed by the Board, including satisfaction of the professional liability insurance requirements under the act in section 3.2 of the act (63 P.S. § 122.2).
(7) Have completed 3 hours of training in child abuse recognition and reporting from a provider approved by the Department of Human Services as required under 23 Pa.C.S. § 6383(b)(3)(i) (relating to education and training) and § 33.256 (relating to child abuse recognition and reporting—mandatory training requirement).
(b) Interview and additional information. An applicant may be required to appear before the Board for a personal interview and may be required to submit additional information, including supporting documentation relating to competency and experience. The applicant may request the interview to be conducted by video teleconference for good cause shown.
(c) Prohibited acts and discipline. Notwithstanding subsection (a)(3) and (4), the Board may, in its discretion, determine that an act prohibited under section 4.1 of the act or a disciplinary action by another jurisdiction are not impediments to the granting of a license under 63 Pa.C.S. § 3111.
§ 33.107b. Provisional endorsement license.
(a) Provisional endorsement license. The Board may, in its discretion, issue a provisional endorsement license to an applicant while the applicant is satisfying the remaining requirements for licensure by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement) and § 33.107a (relating to licensure by endorsement).
(b) Expiration of a provisional endorsement license.
(1) An individual holding a provisional endorsement license may practice up to 1 year after the date of issuance of the provisional endorsement license. The Board, in its discretion, may determine that an expiration date of less than 1 year is appropriate.
(2) Upon written request and showing of good cause, the Board may grant an extension of no longer than 1 year from the expiration date of the provisional endorsement license.
(c) Termination of a provisional endorsement license. A provisional endorsement license terminates if any of the following occurs:
(1) When the Board completes its assessment of the applicant and grants or denies the license.
(2) When the holder of the provisional license fails to comply with the terms of a provisional endorsement license.
(3) When the provisional endorsement license expires.
(d) Reapplication. An individual may reapply for licensure by endorsement under § 33.107a after expiration or termination of a provisional endorsement license. The individual may not be issued a subsequent provisional endorsement license.
[Pa.B. Doc. No. 24-1018. Filed for public inspection July 19, 2024, 9:00 a.m.]
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