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PA Bulletin, Doc. No. 10-865




[ 49 PA. CODE CH. 33 ]

Clinical Examinations

[40 Pa.B. 2532]
[Saturday, May 15, 2010]

 The State Board of Dentistry (Board) amends § 33.103 (relating to examinations).

Effective Date

 The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.

Statutory Authority

 The final-form rulemaking is authorized under section 3(c), (d), (e) and (o) of the Dental Law (act) (63 P. S. § 122(c), (d), (e) and (o)). Section 3(c) and (d) of the act authorizes the Board to license dentists and dental hygienists by examination. Section 3(e) of the act authorizes the Board to provide for the conduct of licensure examinations. Section 3(o) of the act provides the general authority of the Board ''to adopt, promulgate and enforce such rules and regulations as may be deemed necessary by the Board.''

Background, Purpose and Description of the Amendments

 Currently, the Board requires that applicants for licensure as a dentist or dental hygienist take and pass the written National Board Dental or Dental Hygiene Examination administered by the Joint Commission on National Dental Examinations, Inc. and the clinical examination administered by the Northeast Regional Board of Dental Examiners, Inc. (NERB). Over the last few years, the Board has been, and will continue to be involved in the efforts to adopt a National clinical examination, but to date it has not come to fruition. Therefore, the Board determined that it was most prudent at this time to look to the existing regional examining agencies as a means of opening up the possibility of licensure in this Commonwealth to as many qualified individuals as possible. This final-form rulemaking provides that applicants for licensure by examination as a dentist or dental hygienist may take any one of the five regional clinical examinations, that is, those clinical examinations administered by NERB, the Southern Regional Testing Agency, Inc., the Western Regional Examining Board, the Central Regional Dental Testing Service, Inc. or the Council of Interstate Testing Agencies, Inc.

 The Board published the proposed rulemaking at 39 Pa.B. 5595 (September 26, 2009), requesting public comments by October 26, 2009. No public comments were received. On October 21, 2009, the House Professional Licensure Committee (HPLC) met and voted to take no formal action on the proposed rulemaking until the final-form rulemaking was promulgated. The HPLC did not comment on the proposed rulemaking. Likewise, the Board did not receive comments from the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC). On November 25, 2009, the Board received a letter from the Independent Regulatory Review Commission (IRRC) indicating that it did not have objections, comments or recommendations to offer on the proposed rulemaking. The Board met on December 11, 2009, and voted to adopt the final-form rulemaking without change.

Fiscal Impact and Paperwork Requirements

 The final-form rulemaking should have no fiscal impact on the Commonwealth or its political subdivisions because the costs associated with examinations will be borne by candidates for licensure. The final-form rulemaking should not have an adverse fiscal impact on applicants because the fees for the various regional examinations are comparable and an applicant could choose the most cost-effective examination to take.

 The final-form 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, no sunset date has been assigned.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 16, 2009, the Board submitted a copy of the notice of proposed rulemaking, published at 39 Pa.B. 5595, to the HPLC, the SCP/PLC and IRRC for review and comment.

 Public comments were not received, nor did the HPLC, SCP/PLC or IRRC submit comments to the Board regarding the proposed rulemaking.

 Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), this final-form rulemaking was approved by the HPLC on March 10, 2010, and was deemed approved by the SCP/PLC on April 7, 2010. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective April 7, 2010.

Contact Person

 Further information may be obtained by contacting Cynthia Montgomery, Regulatory Counsel, State Board of Dentistry, P. O. Box 2649, Harrisburg, PA 17105-2649.


 The Board finds that:

 (1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (2) A public comment period was provided as required by law and no public comments were received.

 (3) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified this preamble.


 The Board, acting under its authorizing statutes, orders that:

 (a) The regulations of the Board, 49 Pa. Code Chapter 33, are amended by amending § 33.103 to read as set forth at 39 Pa.B. 5595.

 (b) The Board shall submit this order and 39 Pa.B. 5595 to the Office of General Counsel and the Office of Attorney General as required by law.

 (c) The Board shall certify this order and 39 Pa.B. 5595 and deposit them with the Legislative Reference Bureau as required by law.

 (d) This order shall take effect on publication in the Pennsylvania Bulletin.


 (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 2194 (April 24, 2010).)

Fiscal Note: Fiscal Note 16A-4620 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 10-865. Filed for public inspection May 14, 2010, 9:00 a.m.]

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