1. (a) Disciplinary action authorized. Unprofessional conduct, as defined in section 4.1(a)(8) of the act (63 P. S. § 123.1(a)(8)), includes sexual misconduct by a dentist, a dental hygienist, a public health dental hygiene practitioner or an expanded function dental assistant (EFDA), and subjects the Board-regulated practitioner to disciplinary action under section 4.1(a)(8) and section 10.1 of the act (63 P. S. § 129.1).
2. (b) Impaired professional program. A Board-regulated practitioner who engages in conduct prohibited by this section will not be eligible for placement into an impaired professional program in lieu of disciplinary action or correction.
3. (c) Consent. Consent is not a defense to conduct prohibited by this section.
4. (d) Exclusion. This section does not apply to conduct between a Board-regulated practitioner and the Board-regulated practitioner’s spouse or a person cohabitating with the Board-regulated practitioner.

Authority

The provisions of this § 33.211a adopted under sections 4.1(a)(8) and 10.1 of the Dental Law (63 P. S. § § 123.1 (a)(8) and 129.1).

Source

The provisions of this § 33.211a adopted November 14, 2008, effective November 15, 2008, 38 Pa.B. 6279.