Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

49 Pa. Code § 33.205b. Practice as a public health dental hygiene practitioner.

§ 33.205b. Practice as a public health dental hygiene practitioner.

 (a)  Scope of professional practice. A public health dental hygiene practitioner may perform the dental hygiene services set forth in §  33.205(a)(2)—(6) (relating to practice as a dental hygienist) in the practice settings identified in subsection (c) without the authorization, assignment or examination by a dentist. A public health dental hygiene practitioner may perform the dental hygiene services set forth in §  33.205(a)(1) and (7) in accordance with §  33.205(d).

 (b)  Requirement of referral. A public health dental hygiene practitioner shall refer each patient to a licensed dentist on an annual basis. Documentation of the referral must be maintained in the patient’s dental record. The failure of the patient to see a dentist as referred will not prevent the public health dental hygiene practitioner from continuing to provide dental hygiene services to the patient within the scope of professional practice set forth in subsection (a).

 (c)  Practice settings. A public health dental hygiene practitioner may perform dental hygiene services without the supervision of a dentist in the following practice settings:

   (1)  Public and private educational institutions that provide elementary and secondary instruction to school aged children under the jurisdiction of the State Board of Education, and in accordance with all applicable provisions of the Public School Code of 1949 (24 P.S. § §  1-101—27-2702), the regulations relating to the certification of professional personnel in 22 Pa. Code Chapter 49 (relating to certification of professional personnel), and the regulations of the Department of Health in 28 Pa. Code §  23.35 (relating to dental hygienists).

   (2)  Correctional facilities. For purposes of this section, correctional facilities include Federal prisons and other institutions under the jurisdiction of the United States Department of Justice, Bureau of Prisons which are located within this Commonwealth; institutions, motivational boot camps and community corrections centers operated or contracted by the Department of Corrections; and jails, prisons, detention facilities or correctional institutions operated or contracted by local, county or regional prison authorities within this Commonwealth.

   (3)  Health care facilities, as defined in section 802.1 of the Health Care Facilities Act (35 P.S. §  448.802a), including a general, chronic disease or other type of hospital; a home health care agency; a home care agency; a hospice; a long-term care nursing facility; a cancer treatment center; an ambulatory surgical facility or a birth center.

   (4)  Any other facility licensed and regulated by the Department of Health or a successor agency.

   (5)  A ‘‘facility,’’ as defined in section 1001 of the Human Services Code (62 P.S. §  1001), including an adult day care center; child day care center; family child care home; boarding home for children; mental health establishment; personal care home; assisted living residence; nursing home, hospital or maternity home.

   (6)  Any other facility licensed and regulated by the Department of Human Services or a successor agency.

   (7)  Domiciliary care facilities, as defined in section 2202-A of The Administrative Code of 1929 (71 P.S. §  581-2).

   (8)  Older adult daily living centers, as defined in section 2 of the Older Adult Daily Living Centers Licensing Act (62 P.S. §  1511.2).

   (9)  Continuing-care provider facilities, as defined in section 3 of the Continuing-Care Provider Registration and Disclosure Act (40 P.S. §  3203).

   (10)  Federally-qualified health centers, as defined in section 1905(1)(2)(B) of the Social Security Act (42 U.S.C.A. §  1369(1)(2)(B)). For purposes of this section, the term includes Federally-qualified health center lookalikes that do not receive grant funds under section 330 of the Public Health Service Act (42 U.S.C.A. §  254b).

   (11)  Public or private institutions under the jurisdiction of a Federal, State or local agency.

   (12)  Free and reduced-fee nonprofit health clinics.

   (13)  An office or clinic of a physician who is licensed by the State Board of Medicine under the Medical Practice Act of 1985 (63 P.S. § §  422.1—422.53) or by the State Board of Osteopathic Medicine under the Osteopathic Medical Practice Act (63 P.S. § §  271.1—271.18), that is located in a dental health professional shortage area, as determined by the United States Department of Health and Human Services, Health Resources & Services Administration, and published on the Pennsylvania Department of Health’s web site at www.health.pa.gov. For purposes of this paragraph, an office or clinic of a physician includes a ‘‘satellite location’’ as defined in §  18.122 (relating to definitions) or ‘‘satellite operations’’ as defined in §  25.142 (relating to definitions).

   (14)  A ‘‘facility,’’ as defined in 28 Pa. Code §  701.1 (relating to general definitions) that is licensed by the Department of Drug and Alcohol Programs to provide drug and alcohol treatment services.

 (d)  Recordkeeping. A public health dental hygiene practitioner shall maintain a dental record which accurately, legibly and completely reflects the dental hygiene services provided to the patient. The dental record must be retained for at least 5 years from the date of the last treatment entry. The dental record must include, at a minimum, the following:

   (1)  The name and address of the patient and, if the patient is a minor, the name of the patient’s parents or legal guardian.

   (2)  The date dental hygiene services are provided.

   (3)  A description of the treatment or services rendered at each visit.

   (4)  The date and type of radiographs taken, if any, and documentation demonstrating the necessity or justification for taking radiographs, as well as the radiographs themselves.

   (5)  Documentation of the annual referral to a dentist.

Authority

   The provisions of this §  33.205b issued under section 3(d), (j.2) and (o) of The Dental Law (63 P.S. §  122(d), (j.2) and (o)); and amended under sections 3(o) and 11.9(b)(10) of The Dental Law (63 P.S. § §  122(o) and 130j(b)(10)).

Source

   The provisions of this §  33.205b adopted December 11, 2009, effective December 12, 2009, 39 Pa.B. 6982; amended January 15, 2021, effective January 16, 2021, 51 Pa.B. 304. Immediately preceding text appears at serial pages (371899) to (371900) and (363515).

Cross References

   This section cited in 49 Pa. Code §  33.1 (relating to definitions); and 49 Pa. Code §  33.302 (relating to requirements for personnel performing radiologic procedures).



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