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§ 129. Penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: September 2, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 4. Dentists (Refs & Annos)
the Dental Law (Refs & Annos)
Effective: September 2, 2014
63 P.S. § 129
§ 129. Penalties
(a) It is unlawful for any person to practice dentistry or as a dental hygienist, as a restricted faculty licensee or as an expanded function dental assistant, or to hold himself or herself out as a practitioner of or entitled or authorized to practice dentistry or as a dental hygienist, as a restricted faculty licensee or as an expanded function dental assistant, or to assume any title of “dentist,” “dental surgeon,” “dental hygienist,” “restricted faculty licensee,” “expanded function dental assistant” or other letters or titles in connection with his or her name which in any way represent him or her as being engaged in the practice of dentistry or as a dental hygienist, as a restricted faculty licensee or as an expanded function dental assistant, or authorized so to do, unless he or she has been duly licensed or certified, and authorized to engage in such practice under the provisions of this act. A person who violates this subsection commits a misdemeanor of the third degree and shall, upon conviction, for a first offense, be sentenced to a fine not to exceed one thousand dollars ($1,000) or to imprisonment for not more than six months, or both. A second offense shall be subject to a fine not to exceed two thousand dollars ($2,000) or imprisonment for a term of six months to one year, or both.
(b) It is unlawful for any person to practice dentistry or as a dental hygienist, as a restricted faculty licensee or as an expanded function dental assistant under a name other than that on his or her license and biennial renewal, or to practice under the name on his or her license and biennial renewal with any addition thereto, except a purely technical appellation such as “Dentist,” “D.D.S.,” “Orthodontist” or other word or letters pertaining strictly to the practice of dentistry, or to induce any person to practice dentistry or as a dental hygienist, as a restricted faculty licensee or as an expanded function dental assistant in violation of this act.
(c) It is unlawful for any person to sell, offer to sell or barter or exchange any diploma or document conferring or purporting to confer any dental degree or any license or certificate issued according to law regulating the licensing of dentists, dental hygienists, restricted faculty licensees or expanded function dental assistants, or to alter any such document with fraudulent intent, or to use it as a license to practice dentistry under an assumed name, or to make any false statement in an affidavit relating to or in an application for a license.
(d) It is unlawful for any person to practice dentistry or as a dental hygienist or as an expanded function dental assistant unless his or her license or certificate and biennial renewal certificate are displayed in the office in which he or she is practicing dentistry or as a dental hygienist or as an expanded function dental assistant.
(e) It is unlawful for a person practicing dentistry to employ a person as a dental hygienist unless such person is licensed as a dental hygienist as required by this act and the rules and regulations of the board or to employ a person as an expanded function dental assistant unless such person is certified as an expanded function dental assistant as required by this act and the rules and regulations of the board.
(f) It is unlawful for any dentist to permit any dental hygienist operating under his general supervision to perform any operation other than those included within practice as a “Dental Hygienist,” as defined by section two of this act. It is unlawful for any dentist to permit any expanded function dental assistant operating under his or her direct supervision to perform any procedures other than those included within the definition of “Expanded Function Dental Assistant.”
(g) It is unlawful for any dental hygienist to perform any of the operations included in practice as a “Dental Hygienist,” as defined by section two of this act, except under the general supervision of a licensed dentist. It is unlawful for any expanded function dental assistant to perform any procedure within the definition of “Expanded Function Dental Assistant” which requires certification under this act unless such procedure is performed under the direct supervision of a licensed dentist.
(g.1) It is unlawful for any restricted faculty licensee to practice dentistry outside the primary facilities of the dental school in this Commonwealth at which the individual is licensed to teach.
(h) Any person violating any of the provisions of this section other than subsection (a), or any other provisions of this act except as provided in subsection (a), shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, or to suffer imprisonment not exceeding six months, or both, in the discretion of the court.

Credits

1933, May 1, P.L. 216, § 10, effective Jan. 1, 1934. Amended 1937, April 30, P.L. 554, § 1; 1959, Dec. 15, P.L. 1753, § 2; 1985, Dec. 20, P.L. 513, No. 118, § 9, effective Jan. 1, 1986; 1994, Dec. 27, P.L. 1363, No. 160, § 5, imd. effective; 2014, July 2, P.L. 828, No. 89, § 4, effective in 60 days [Sept. 2, 2014].
63 P.S. § 129, PA ST 63 P.S. § 129
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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