§ 33.110. Volunteer license.
(a) Purpose and definitions.
(1) The following subsections implement the Volunteer Health Services Act (35 P. S. § § 449.41—449.50) and provide for the issuance of a volunteer license to a qualified individual who retires from active practice and seeks to provide professional services as a volunteer. A volunteer license authorizes the holder to practice only in an organized community-based clinic without remuneration.
(2) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Approved clinic—(i) An organized community-based clinic offering primary health care services to individuals and families who cannot pay for their care, to Medical Assistance clients or to residents of medically underserved areas or health professionals shortage areas.
(ii) The term includes a State health center, nonprofit community-based clinic and Federally qualified health center, as designated by Federal rulemaking or as approved by the Department of Health or the Department of Public Welfare.
Unrestricted license—A license which is not restricted or limited by order of the Board under its disciplinary power.(b) License. A volunteer license may be issued to a licensee or certificateholder of the Board who documents to the satisfaction of the Board that the licensee will practice without personal remuneration in approved clinics and meets one of the following conditions:
(1) Holds a currently renewed, active, unrestricted license, registration or certificate in this Commonwealth and retires from active practice at the time the licensee applies for a volunteer license.
(2) Retires from the active practice of dentistry, or as a dental hygienist or as an expanded function dental assistant in this Commonwealth in possession of an unrestricted license, registration or certificate which was allowed to lapse by not renewing it. A retired licensee, registrant or certificateholder shall meet any requirements of the act or the regulations pertaining to continued education or continued competency to be eligible for renewal.
(c) Applications. An applicant for a volunteer license shall complete an application obtained from the Board. In addition to providing information requested by the Board, the applicant shall provide:
(1) An executed verification on forms provided by the Board certifying that the applicant intends to practice exclusively:
(i) Without personal remuneration for professional services.
(ii) In an approved clinic.
(2) A letter signed by the director or chief operating officer of an approved clinic that the applicant has been authorized to provide volunteer services in the named clinic by the governing body or responsible officer of the clinic.
(d) Validity of license. A volunteer license shall be valid for the biennial period for which it is issued, subject to biennial renewal. During each biennial renewal period, the volunteer license holder shall notify the Board of any change in clinic or volunteer status within 30 days of the date of the change, or at the time of renewal, whichever occurs first.
(e) Biennial renewal. A volunteer license shall be renewed biennially on forms provided by the Board.
(1) As a condition of biennial renewal, the applicant shall satisfy the same continuing education requirements as the holder of an active, unrestricted license.
(2) The applicant shall be exempt from payment of the biennial renewal fee in § 33.3 (relating to fees).
(f) Return to active practice. A volunteer license holder who desires to return to active practice shall notify the Board and apply for biennial registration on forms provided by the Board.
(g) Disciplinary provisions. A volunteer license holder shall be subject to the disciplinary provisions of the act and this chapter. Failure of the licensee to comply with the Volunteer Health Services Act or this section may also constitute grounds for disciplinary action.
(h) Permits to administer general anesthesia, deep sedation, conscious sedation or nitrous oxide/oxygen analgesia.
(1) A dentist who applies for a volunteer license under subsection (b) who holds a current permit to administer anesthetic modalities may also apply for reissuance of an unrestricted or restricted permit of the type issued to the dentist as an active licensee under § 33.333 (relating to types of permits).
(2) A retired dentist who applies under subsection (b)(1) and (2) for a volunteer license who, within 2 years of the date of application, held an unrestricted permit or a restricted permit I, may apply for reissuance of the permit, but shall be required to comply with § 33.336a (relating to requirements for unrestricted permit and restricted permit I) by completing:
(i) An attestation in accordance with § 33.336a(b).
(ii) ACLS/PALS certification in accordance with § 33.336a(c).
(iii) Continuing anesthesia education in accordance with § 33.336a(d).
(3) A retired dentist who applies under subsection (b)(1) and (2) for a volunteer license who, within 5 years of the date of application, held a restricted permit II may apply for reissuance of the permit, but shall be required to comply with § 33.337(b) (relating to requirements for restricted permit II) by providing:
(i) A statement containing the make, model and serial number of nitrous oxide/oxygen analgesia equipment.
(ii) A certification that the equipment is properly calibrated, maintained, contains a fail-safe system and is in working order.
(iii) An attestation that the applicant has written procedures for handling emergencies.
(4) A dentist who applies for a volunteer license who does not qualify for a permit under paragraphs (1)—(3) and who wishes to administer general anesthesia, deep sedation, conscious sedation or nitrous oxide/oxygen analgesia under § 33.332(a) (relating to requirement of permit to administer general anesthesia, deep sedation, conscious sedation or nitrous oxide/oxygen analgesia) shall satisfy the educational requirements of § 33.335(a)(1), § 33.336 or § 33.337(a) (relating to requirements for unrestricted permit; requirements for restricted permit I; and requirements for restricted permit II), as applicable.
(5) Volunteer license holders will not be subject to any fee for the issuance, reissuance or renewal of a permit under this subsection.
(i) Supervision. Volunteer dental hygienists shall meet the supervision requirements of § 33.205(c)(1) (relating to practice as a dental hygienist). Volunteer expanded function dental assistants shall meet the supervision requirements of section 2 of the act (63 P. S. § 121).
Authority The provisions of this § 33.110 issued under section 5 of the Volunteer Health Services Act (35 P. S. § 449.45); and section 3(o) of The Dental Law (63 P. S. § 122(o)); amended under sections 3(o) and 11.2(a) of The Dental Law (63 P. S. § § 122(o) and 130c(a)).
Source The provisions of this § 33.110 adopted November 28, 1997, effective November 29, 1997, 27 Pa.B. 6220; amended May 13, 2005, effective May 14, 2005, 35 Pa.B. 2880. Immediately preceding text appears at serial pages (267882) to (267884).
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