State Board of Dentistry
October 25, 2013
Meeting Summary
Dr. R. Donald Hoffman, Dr. Ronald Heier and Marisa Swarney were in attendance to represent PDA.
Prosecutorial Report
 Dentist was charged with two DUIs and declined enrolling in the state’s Voluntary Recovery
Program. He is seeking treatment elsewhere and is now in AAA. Consent agreement: $1,400 fine
and three year probation with monitoring.
 Dentist practiced for 11 months on a lapsed license and anesthesia permit. Consent agreement:
$2,500 fine.
Dr. Deem inquired as to whether the board could update the current civil penalty schedule that the
board must use when determining civil penalties. Board Counsel believes that this would require a
statutory change and will put Act 48’s civil penalty schedule on the board’s December meeting agenda
for review.
Regulatory Counsel Report
 The board’s revised policy statement on the use of dental amalgam will be published as final
rulemaking in the Pennsylvania Bulletin on October 26.
 The Independent Regulatory Review Commission is scheduled to consider the proposed
regulations to increase licensure and permit fees on November 7, 2013.
 Several Administration offices are still reviewing the board’s policy statement on teeth
whitening.
 Several board members representing the Regulatory Review and Scope of Practice Committees
scheduled a meeting for December 12, 2013, with representatives from the PA Society of Oral
and Maxiollofacial Surgeons to discuss proposed changes to regulations for anesthesia permit
holders. Other stakeholders, including PDA, are invited to attend.
 The Scope of Practice Committee is still drafting a definition of “associated structures” to further
refine the policy statement on administering botox and dermal fillers, as it relates to the
practice of dentistry and limiting the procedure to associated structures of the teeth and jaws.
 Board counsel is in the process of drafting a preamble that must accompany the draft
regulations on mobile dentistry.
 Board counsel is postponing drafting changes to the regulations about reporting child abuse
until after the General Assembly passes its package of child abuse-related bills.
Board Administrator Report
 Election of officers will take place at the December meeting.
Committee Reports
 Licensure Committee: Dr. Erhard reported that the DEA is “moving toward” a system that allows
for the electronic submission of prescriptions and that the board may want to consider
developing guidelines for dentists. He also asked the board for feedback on whether licensees
who take communication and practice management courses can count them toward the
required continuing education credits. Board counsel reported that the board would have to
amend the Dental Practice Act so that these courses become acceptable for CE credit.
Exceptions to this are communication and ethics courses, which would only necessitate a
regulatory change. The general consensus among members was that the board should start
accepting communication and practice management courses as acceptable toward fulfilling CE
requirements. Dr. Erhard will draft a proposal for the board to review at the January 2014
meeting.
 Practice Ownership Committee: The committee scheduled a meeting on December 12 to
discuss the issue of corporate ownership. Aspen Dental and one or two other dental
corporations will present information about how they operate. The committee is in the process
of trying to get a dental management organization to attend. Stakeholders, including PDA, are
invited to attend. Dr. DeFinnis, committee chair, attended a seminar at which the speaker
predicted that private dental offices would be “extinct” by 2020.
 Scope of Practice Committee: Besides finishing the policy statement on botox/dermal fillers, the
committee is also working on a draft policy statement addressing the treatment of patients with
sleep apnea.
 EFDA Committee: The committee continues to review existing EFDA programs’ applications for
approval, but it has grave concerns about approving most, if not all, of these programs, as they
were found to be deficient in meeting even the minimal requirements. The committee is
concerned that EFDAs just are not adequately tested like hygienists and dentists, as well as
there not being any nationwide standards for EFDA program curriculum. The committee
believes that the regulations need revised so that programs have to comply with more stringent
accreditation requirements. The board discussed possible options that would raise EFDA
program standards, such as site visits and clinical examinations. The committee was tasked with
exploring all options and submitting its recommendations to the board that include both short
and long term goals to rectify the problem. The committee will also engage the national and
state organizations representing dental assistants and EFDAs. Legal counsel advised the
committee to consider how approval or disapproval of an EFDA program will impact federal
financial aid for its students.
Next meeting date: December 13, 2013