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State Board of DentistryMeeting SummaryNovember 15, 2019Budget Presentation29,204 total renewals in 2019, which is 1,000 less than last year because it is a non-renewal year.Licensing and permit fee increases that the board agreed to in 2017 never took effect because of internal policy changes at the Department of State. The department’s new policy is to review finances for three renewal cycles (six years) to more realistically assess what fees should be to cover costs and avoid deficits. Fee increases will be phased in over three renewal cycles starting in 2021/22. The board approved increasing license and permit fees 18 percent for each of the next three renewal cycles. The board’s revenue is placed in the state’s general fund but is only used to cover the board’s operating costs. The state does keep the interest accrued in this account.Prosecutorial ReportDentist who has two prior disciplinary actions against him has a new charge relating to failure to meet clinical and recordkeeping standards of care. Consent agreement: 30 days suspension of license followed by two years probation, 50 hours of continuing education is ethics, root canal therapy and record keeping, $10,000 civil penalty and cost of investigation.Dentist suffers from a chemical dependency. Consent agreement: enrollment in the Voluntary Recovery Program for three years. Chair’s ReportDr. Erhard provided an update on the implementation of Act 41 of 2019 (summary below) and reminded the board about its vote to create a committee to handle applications for provisional licenses. Essentially, the board’s counsel and administrator will process applications that clearly meet the requirements in law and regulation. The committee will review and approve other cases in which there are questions as to whether the requirements have been met. The committee may forward some cases to the full board for consideration. Act 41 creates an endorsement process for all the boards and commissions under the Bureau of Professional and Occupational Affairs (BPOA) for the issuing of licenses to applicants who are licensed to practice in another state. The new law allows licensing boards and commissions to issue licenses, certificates, registrations or permits if the applicant:? Holds a current license in good standing from another state, territory or country with substantially equivalent requirements or requirements that exceed the Commonwealth’s. ? Demonstrates competency in the profession through methods determined by the board such as continuing education or experience in the profession for at least 2 of the 5 preceding years. ? Has not committed an act that would be grounds for refusal, suspension or revocation of a license in Pennsylvania. The boards and commissions may issue a provisional endorsement license to allow the applicant to practice while the applicant is satisfying remaining requirements for licensure. The provisional endorsement license expires if the applicant is denied a license, upon the expiration date or if the holder of the provisional endorsement license fails to comply with the terms of the provisional license. Final regulations shall be promulgated by each board and commission within 18 months of the effective mittee ReportsEFDA Committee: Legal counsel opined that the board’s intent to amend existing regulations to require that applicants for an EFDA certificate pass a clinical examination might possibly be added to the Act 41 regulations when they are drafted. Licensure Committee: No report.Newsletter Committee: No report.Probable Cause Screening Committee: No report.Regulations Committee: Dr. Lugo provided an update on the committee meeting held prior to the board meeting, at which the committee and members of the public discussed the proposed rulemaking expanding PHDHP practice site locations to include physicians’ offices and child care settings. Several board members expressed support for collaborative agreements between a PHDHP, physician and dentist when PHDHPs are practicing in physicians’ offices.Several board members expressed support for limiting the locations in which PHDHPs may practice in physicians’ offices to the state’s dental health professional shortage areas. This may entail the board or other entity approving site locations. The board discussed the need to meet infection control requirements and standards of care for taking and reviewing radiographs in all PHDHP practice site locations. The board directed legal counsel to research other states’ laws and regulations pertaining to collaborative agreements, as well as how the board could legally and practically tie PHDHP practice in physicians’ offices to dental health professional shortages areas. It is possible that legal counsel prepares draft language for the board to consider, and that the board votes on the proposed rulemaking (with or without the inclusion of new language), at its meeting on January 17, 2020.CorrespondenceThe board briefly discussed PDA’s letter requesting that the board consider changing its definition of “general supervision” in the regulations to address emerging teledentistry and do-it-yourself models. PDA’s opinion is that amending the definition to require an in-person examination by dentists prior to care rendered to patients in all settings, not just dental facilities, would ensure that the standards of care were the same for all patients. There was some question as to what kind of authority the board has to regulate these types of models. The board seems inclined to wait until the Pennsylvania General Assembly enacts teledentistry legislation before changing existing or promulgating new regulations.Election of OfficesBy unanimous votes, Dr. John Erhard was re-elected to serve as chair and Alice Hart Hughes was re-elected to serve as secretary. 2020 Meeting DatesJanuary 17March 13 May 15July 10September 11November 13 ................
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