Section 33.211. Unprofessional conduct

(a) Dentists. Unprofessional conduct, as defined in section 4.1(a)(8) of the act (63 P. S. § 123.1(a)(8)), includes the following conduct by a dentist:

(1) Knowingly or negligently employing as a dentist, dental hygienist or expanded function dental assistant a person whose license or certificate is not current or has been suspended or revoked.

(2) Failing to carry out supervisory responsibility with regard to auxiliary personnel or dental residents/interns.

(3) Delegating to a person duties that the dentist knows, or has reason to know, the person is not competent to perform or not authorized to perform.

(4) Withdrawing dental services after a dentist-patient relationship has been established so that the patient is unable to obtain necessary dental care in a timely manner.

(5) Physically, sexually or verbally abusing a patient.

(6) Unnecessarily exposing a patient to ionizing radiation.

(7) Failing to follow current infection-control recommendations issued by the Federal Centers for Disease Control or to ensure that auxiliary personnel and other supervisees follow these Federal guidelines.

(8) Failing to provide necessary dental care to a patent in a timely manner or to apprise the patient of the need for the care.

(9) Failing to make available to a patient, within 30 days of a request, information sufficient to enable the patient to complete an insurance form.

(b) Dental hygienists. Unprofessional conduct, as defined in section 4.1(a)(8) of the act includes the following conduct by a dental hygienist:

(1) Practicing as a dental hygienist without the supervision of a dentist.

(2) Performing a service that the dental hygienist knows, or has reason to know, the hygienist is not competent to perform or not authorized to perform.

(3) Physically, sexually or verbally abusing a patient.

(4) Failing to follow current infection-control recommendations issued by the Federal Centers for Disease Control.

(5) Unnecessarily exposing a patient to ionizing radiation.

(c) Expanded function dental assistants. Unprofessional conduct, as defined in section 4.1(a)(8) of the act includes the following conduct by an expanded function dental assistant:

(1) Practicing as an expanded function dental assistant without the direct supervision of a dentist.

(2) Performing a service that the expanded function dental assistant is not competent or not authorized to perform.

(3) Physically, sexually or verbally abusing a patient.

(4) Failing to follow current infection-control recommendations issued by the Federal Centers for Disease Control.

(5) Providing ionizing radiation in violation of § 33.302 (relating to auxiliary personnel performing radiologic procedures).

The provisions of this § 33.211 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; amended January 20, 1978, January 21, 1978, 8 Pa.B. 203; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3972; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2492; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2359. Immediately preceding text appears at serial pages (223044) to (233045).

Notation

Authority

The provisions of this § 33.211 amended under sections 2—5.1, 10—11.5 and 11.7 of the Dental Law (63 P. S. § § 121—124.1, 129—129.1, 130, 130e and 130h).