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DAVID W. KUNKLE v. COMMONWEALTH PENNSYLVANIA (10/24/78)

decided: October 24, 1978.

DAVID W. KUNKLE, D.D.S., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE DENTAL COUNCIL AND EXAMINING BOARD, RESPONDENT



Appeal from the Order of the State Dental Council and Examining Board in case of In the Matter of the Suspension or Revocation of License Number 13791 to Practice Dentistry Issued July 29, 1957 to David W. Kunkle, Docket No. 76-DE-801.

COUNSEL

E. Charles Coslett, for petitioner.

David Dewees, with him Louis B. Rubin, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.

Judges Wilkinson, Jr., Rogers and Craig, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 38 Pa. Commw. Page 255]

David W. Kunkle, a licensed dentist, has appealed from an order of the State Dental Council and Examining Board (Board) revoking his license to practice his profession. We affirm the Board's action.

On February 23, 1977, the Board issued a Citation and Notice of Hearing charging Kunkle with the violation of Section 33.41 of the Rules and Regulations of the State Dental Council and Examining Board, 49 Pa. Code § 33.41 and of Section 10 of The Dental Law, Act of May 1, 1933, P.L. 216, as amended, 63 P.S. § 129.

Section 33.41 of the Rules and Regulations provides:

(a) A legally licensed and registered dentist may delegate to competent auxiliary personnel those procedures for which the dentist

[ 38 Pa. Commw. Page 256]

    exercises direct supervision and full responsibility, except as follows:

(1) Those procedures which require professional judgment and skill such as diagnosis and treatment planning and the cutting of hard or soft tissues or both or any intra-oral procedure which would lead to the fabrication of an appliance which, when worn by the patient, would come in direct contact ...


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