Section 33.212. Misleading, deceptive, untrue or fraudulent representations

As used in section 4.1(a)(2) of the act (63 P. S. § 123.1(a)(2)), the phrase ‘‘misleading, deceptive, untrue or fraudulent representations’’ includes the following conduct by dentists, dental hygienists and expanded function dental assistants:

(1) Misrepresenting or concealing a material fact in obtaining, renewing or seeking reinstatement of a license or certificate.

(2) Misrepresenting or concealing a material fact in obtaining payment for dental services.

(3) Writing a prescription for a controlled substance or other medication in the name of a person other than for whom the controlled substance or other medication is intended under § § 33.207 and 33.208 (relating to prescribing, administering and dispensing controlled substances; and prescribing, administering and dispensing medications).

(4) Falsifying a patient’s record regarding treatment or the issuance of a controlled substance or other medication.

The provisions of this § 33.212 adopted January 18, 1965; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2397; reserved April 28, 1989, effective April 29, 1989, 19 Pa.B. 1840; 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 page (223045).

Notation

Authority

The provisions of this § 33.212 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).

Cross References

This section cited in 49 Pa. Code § 33.404 (relating to reporting continuing education credit hours).