RULES AND REGULATIONS
STATE BOARD OF DENTISTRY
[49 PA. CODE CH. 33]
Fictitious Names
[27 Pa.B. 2547] The State Board of Dentistry (Board) amends §§ 33.3 and 33.202 (relating to fees; and fictitious names), to read as set forth in Annex A. The object of these amendments is to repeal provisions in the Board's regulations affected by the act of July 2, 1996 (P. L. 657, No. 113) (Act 113).
On September 10, 1996, the Dental Law (act) (63 P. S. §§ 120--130h) was amended by Act 113 to remove the Board's authority to approve fictitious names. Under section 3(g.1) of the act (63 P. S. § 122(g.1)), the Board is required to receive and record fictitious name filings without making determinations or judgments as to the appropriateness of the names. Since the amendment of the act, the Board has ceased approving names, and merely registers them, however, this procedure is inconsistent with § 33.202(b)--(d) (relating to fictitious names).
Accordingly, in this amendment, the Board removes the approval requirement in subsections (b)--(d) and changes the name of the application from ''dental facility application'' to ''fictitious name registration'' in § 33.3 (relating to fees) and § 33.202(b).
Public notice of intention to amend the Board's regulations under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL) has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Board finds that these procedures are, under the circumstances, unnecessary. Public comment is unnecessary because the newly enacted provisions of the act repeal the approval provisions in the Board's regulations. Persons affected by these amendments have been given notice of the Board's intention to amend the regulations in advance of final rulemaking under section 204(2) of the CDL (45 P. S. § 1204(2)).
Compliance with Executive Order 1996-1
The Board reviewed this rulemaking and considered the purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final/proposed omitted regulations address a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.
Statutory Authority
These amendments are adopted under section 3(g.1) of the act (63 P. S. § 122(g.1)).
Fiscal Impact and Paperwork Requirements
The amendments will have no fiscal impact on the Commonwealth or its political subdivisions. The Board has requested an analysis by the Bureau of Professional and Occupational Affair's Revenue Office of the costs associated with the registration of fictitious names to determine if the fee may be reduced. Until that analysis is completed, the fee remains unchanged.
Regulatory Review
Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), on April 4, 1997, a copy of the regulations was submitted to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. In addition, at the same time, the amendments were submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§732-101--732-506).
Under section 5(c) of the Regulatory Review Act, the amendments were approved by the Senate Committee on April 15, 1997, approved by the House Committee on April 23, 1997, and approved by IRRC on May 1, 1997.
Additional Information
Individuals who desire information are invited to submit inquiries to June L. Barner, Board Administrator, State Board of Dentistry, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7162.
Findings
The Board finds that:
(1) Public notice of intention to amend its regulations as adopted by this order under the procedures specified in sections 201 and 202 of the CDL has been omitted under the authority contained in section 204(3) of the CDL, because the Board has, for good cause, found that the procedures specified in sections 201 and 202 of the CDL, are, in this circumstance, unnecessary because the newly enacted provision in section 3(g.1) of the act repeals the approval of fictitious name provisions in the regulations. Without these amendments, § 33.202 would conflict with section 3(g.1) of the act.
(2) Persons affected by the regulations as adopted by this order have been given actual notice of the Board's intention to amend the regulations in advance of final rulemaking under section 204(2) of the CDL.
(3) The amendment of the regulations of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 33, are amended by amending §§ 33.3 and 33.202 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin.
(Editor's Note: A proposal to amend § 33.3, amended in this document, remains outstanding 27 Pa.B. 1577 (March 29, 1997).)
EDWIN F. WEAVER, D.D.S.,
Chairperson(Editor's Note: For the text of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 2490 (May 17, 1997).)
Fiscal Note: 16A-466. 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 A. GENERAL PROVISIONS § 33.3. Fees.
Following is the schedule of fees charged by the Board:
License application fee--dentists and dental
hygienists$15 Criteria approval application fee--dentists and
dental hygienists$35 Fictitious name registration fee $35 Verification of licensure fee--dentists and dental
hygienists$10 Certification of licensure fee--dentists and dental
hygienists$15 Biennial renewal fee--dentists $100 Biennial renewal fee--dental hygienists $40 Biennial renewal fee--unrestricted or restricted
anesthesia permit$25
Subchapter C. MINIMUM STANDARDS OF CONDUCT AND PRACTICE § 33.202. Fictitious names.
(a) Dentists may use a fictitious name that is not false, misleading or deceptive.
(b) Dentists who wish to practice under a fictitious name shall submit to the Board a fictitious name registration and the fee specified in § 33.3 (relating to fees). The dentist who submits the registration shall be associated with the facility and shall assume responsibility for compliance with this section. The owner of the facility, if different from the applicant, shall be identified on the registration.
(c) Changes in the ownership of a dental facility, changes in the designation of the responsible dentist, changes in the scope of practice or changes in professional staffing, shall be reported in writing within 10 days.
(d) Advertisements in any medium shall include the name, as it appears on the current biennial renewal certificate, and the degree--D.D.S. or D.M.D.--of at least one licensed dentist who is associated with the dental facility. The lettering for the name of the dentist shall be at least equal in size to the lettering used for the fictitious name. The dentist referred to in this subsection and the dentist who registered to use the name under subsection (b) shall be jointly responsible for the advertisement.
(e) A directory listing the names of the dentists practicing at that location shall be prominently displayed in the entrance or reception area of the dental facility.
(f) The names of dentists who have practiced under the fictitious name shall be maintained in the records of the dental facility for at least 5 years following their departure from the practice.
(g) The use of the name of a dentist no longer actively associated with the practice may be continued for up to 1 year.
(h) Dentists who are specialists under § 33.203(d)(1) (relating for advertising) may incorporate their area of specialization in their fictitious name. A specialist in one area may include another recognized specialty area, or a nonspecialty area, in a fictitious name (examples: a specialist in orthodontics using Central Orthodontics and Pediatric Dentistry or a specialist in periodontics using Central Periodontics and Cosmetic Dentistry) only if the specialist conspicuously discloses, in every medium in which the name is used, that specialty status does not extend to the other specialty or nonspecialty area.
(i) Dentists who are not specialists under § 33.203 (d)(1) may incorporate any area of dentistry in their fic- titious name, including the recognized specialties, only if the name, in every medium in which it is used, is ac- companied by the conspicuous disclosure that services are provided by a general dentist.
(j) A fictitious name may not include the word ''clinic'' unless the name designates a public or quasipublic facility as defined in § 33.1 (relating to definitions).
(k) A fictitious name may not include the word ''institute'' unless the name designates an educational or research facility.
(l) A fictitious name may not, by the use of plurals or otherwise, misrepresent the number of dentists practicing at a facility or the number of dentists at the facility who are specialists under § 33.203(d)(1).
[Pa.B. Doc. No. 97-826. Filed for public inspection May 23, 1997, 9:00 a.m.]
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