Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

49 Pa. Code § 33.336b. Approved peer evaluation organizations for administering clinical evaluations and office inspections.

§ 33.336b. Approved peer evaluation organizations for administering clinical evaluations and office inspections.

 (a)  The following organizations are deemed qualified to conduct clinical evaluations and office inspections and do not require prior approval from the Board:

   (1)  The American Association of Oral and Maxillofacial Surgeons (AAOMS).

   (2)  The Pennsylvania Society of Oral and Maxillofacial Surgeons (PSOMS).

 (b)  An organization of oral and maxillofacial surgeons or of unrestricted permit and restricted permit I holders that does not qualify as an organization to conduct clinical evaluations and office inspections under subsection (a) may apply to the Board for approval to serve as an organization to conduct clinical evaluations and office inspections. In determining whether to grant approval, the Board will consider the following factors:

   (1)  Whether the organization agrees to utilize peer evaluators meeting the following criteria:

     (i)   A minimum 5 years experience administering general anesthesia and deep sedation (for unrestricted permitholders) or conscious sedation (for restricted permit I holders) within the last 7 years.

     (ii)   A current unrestricted permit or restricted permit I.

     (iii)   Completion of a minimum 7-hour course in conducting office inspections and clinical evaluations.

   (2)  Whether the organization has sufficient peer evaluators that meet the criteria listed in §  33.336d (relating to qualifications of peer evaluators conducting office inspections and clinical evaluations) to conduct office inspections and clinical evaluations.

   (3)  Whether the organization has the technical competence to administer office inspections and clinical evaluations to applicants for initial and renewal permits.

   (4)  Whether the organization’s fee for office inspections and clinical evaluations is based upon reasonable costs.

   (5)  Whether the organization has standards for satisfactory completion of an office inspection and clinical evaluation.

   (6)  Whether the organization has an internal appeal procedure to contest the office inspection or clinical evaluation.

   (7)  Whether the organization has a peer review oversight committee whose members meet the following criteria:

     (i)   A minimum 5 years experience administering general anesthesia and deep sedation.

     (ii)   A current unrestricted permit.

   (8)  Whether the organization has procedures to facilitate fair, unbiased and equitable office inspections and clinical evaluations.

   (9)  Whether the organization agrees to make records of all office inspections and clinical evaluations available to the Board upon request and agrees to maintain these records for at least 5 years.

   (10)  Whether the organization agrees to conduct a subsequent office inspection or clinical evaluation within a reasonable time if the results of the initial office inspection or clinical evaluation are unsatisfactory.

   (11)  Whether the organization agrees to conduct office inspections and clinical evaluations in conformance with the standards outlined in the AAOMS Manual and AAOMS Guidelines (for OMSs) and the ADA Guidelines or AAPD Guidelines (for general dentists), and in accordance with § §  33.340 and 33.340a (relating to duties of dentists who are unrestricted permitholders; and duties of dentists who are restricted permit I holders).

   (12)  Whether the organization agrees to utilize peer evaluator teams consisting of at least two permitholders as follows:

     (i)   For office inspections and clinical evaluations of unrestricted permitholders and applicants, a team of at least two unrestricted permitholders.

     (ii)   For office inspections and clinical evaluations of restricted permit I holders and applicants, a team consisting of at least two unrestricted permitholders, or a team consisting of at least one unrestricted permitholder and one restricted permit I holder.

 (c)  An approved peer evaluation organization may not require a permit applicant to become a member of the organization as a precondition for the organization to conduct a clinical evaluation and office inspection for the applicant.

Authority

   The provisions of this §  33.336b issued under sections 3(o) and 11.2(a) of The Dental Law (63 P. S. § §  122(a) and 130c(a)).

Source

   The provisions of this §  33.336b adopted May 13, 2005, effective May 14, 2005, 35 Pa.B. 2880.

Cross References

   This section cited in 49 Pa. Code §  33.331 (relating to definitions); 49 Pa. Code §  33.336a (relating to requirements for unrestricted permit and restricted permit I); and 49 Pa. Code §  33.340 (relating to duties of dentists who are unrestricted permitholders).



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