HB285ENGROSSED
Page 0
PZ5TGR-2
By Representative Lipscomb
RFD: Boards, Agencies and Commissions
First Read: 11-Apr-23
2023 Regular Session
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A BILL
TO BE ENTITLED
AN ACT
Relating to the practice of dentistry and dental
hygiene; to amend Sections 34-9-1, 34-9-5, 34-9-10, 34-9-11,
34-9-15, 34-9-26, 34-9-27, 34-9-43, 34-9-60, 34-9-63, and
34-9-86, Code of Alabama 1975; to further provide for
penalties for violations; and qualifications for licensure and
administration of controlled substances by dentists and dental
hygienists.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-9-1, 34-9-5, 34-9-10, 34-9-11,
34-9-15, 34-9-26, 34-9-27, 34-9-43, 34-9-60, 34-9-63, and
34-9-86, Code of Alabama 1975, are amended to read as follows:
"§34-9-1
For the purposes of this chapter, the following terms
shall have the respective meanings ascribed by this section:
(1) ADMINISTER. When used in reference to a controlled
substance, the direct application of a controlled substance to
the body of a patient by a dentist, by injection, inhalation,
ingestion, or other means.
(1)(2) ANNUAL REGISTRATION. The documentary evidence
that the board has renewed the authority of the licensee to
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practice dentistry or dental hygiene in this state.
(2)(3) BOARD. The Board of Dental Examiners of Alabama.
(3)(4) COMMERCIAL DENTAL LABORATORY. A technician or
group of technicians available to any or all licensed dentists
for construction or repair of dental appliances.
(5)DISPENSE. When used in reference to a controlled
substance, the delivery of a controlled substance to a patient
by a dentist, including the prescribing and administering of a
controlled substance.
(4)(6) GENERAL ANESTHESIA. A controlled state of
unconsciousness, accompanied by a partial or complete loss of
protective reflexes, including inability to independently
maintain an airway and respond purposefully to physical
stimulation or verbal command, produced by a pharmacologic
method.
(5)(7) INFILTRATION ANESTHESIA. A form of local
anesthesia wherein the terminal or peripheral sensory portion
of either the maxillary or mandibular branch of the trigeminal
nerve endings are anesthetized by injecting a solution
submucosally into an intra-oral circumscribed area for the
relief or prevention of pain.
(6)(8) LICENSE. The grant of authority by the board to
a person to engage in the practice of dentistry or dental
hygiene.
(7)(9) LICENSE CERTIFICATE. The documentary evidence
under seal of the board that the board has granted authority
to the licensee to practice dentistry or dental hygiene in
this state.
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(8)(10) LICENSED DENTIST. A dentist who holds a current
license certificate from the board.
(9)(11) LICENSED HYGIENIST. A hygienist who holds a
current license certificate from the board.
(10)(12) LOCAL ANESTHESIA. The elimination of
sensations, especially pain in one part of the body by topical
application or regional injection of a drug.
(11)(13) PATIENT ABANDONMENT. The termination of dental
treatment without giving the patient adequate notice of at
least 15 days before the termination of dental treatment.
Adequate notice includes informing the patient of the
availability of emergency treatment and providing the patient
with an opportunity to obtain the services of another dentist
during the notice period. Abandonment may also occur if the
dentist jeopardizes the health of the patient during the
termination process.
(12)(14) PRACTICE OF DENTISTRY ACROSS STATE LINES.
a. The practice of dentistry as defined in Section
34-9-6 as it applies to the following:
1. The rendering of a written or otherwise documented
professional opinion concerning the diagnosis or treatment of
a patient located within this state by a dentist located
outside this state as a result of transmission of individual
patient data by electronic or other means from within this
state to the dentist or his or her agent.
2. The rendering of treatment to a patient located
within this state by a dentist located outside this state as a
result of transmission of individual patient data by
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electronic or other means from this state to the dentist or
his or her agent.
3. The holding of himself or herself out as qualified
to practice dentistry, or use any title, word, or abbreviation
to indicate or induce others to believe that he or she is
licensed to practice dentistry across state lines.
b. This definition is not intended to include an
informal consultation between a licensed dentist located in
this state and a dentist located outside this state provided
that the consultation is conducted without compensation or the
expectation of compensation to either dentist, and does not
result in the formal rendering of a written or otherwise
documented professional opinion concerning the diagnosis or
treatment of a patient by the dentist located outside the
state.
(13)(15) PRIVATE TECHNICIANSTECHNICIAN. A technician
employed by a dentist or group of dentists for a specified
salary.
(14)(16) SEDATION. A depressed level of consciousness
that retains the patient's ability to independently and
continuously maintain an airway and respond appropriately to
physical stimulation or verbal command, produced by a
pharmacologic method."
"§34-9-5
Any personindividual who shall engage engages in the
practice of dentistry across state lines or pr actice dentistry
or dental hygiene in this state within the meaning of this
chapter without having first obtained from the board a license
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and an annual registration certificate, when the certificate
is required by this chapter, or who violates this chapter, or
who willfully violates any published rule or regulation of the
board, or who does any act described in this chapter as
unlawful, the penalty for which is not herein specifically
provided,to practice dentistry shall be guilty of a
misdemeanor and upon conviction shall be punished by a fine of
not more than five thousand dollars ($5,000) for each offense,
to be fixed by the court trying the case, and in addition
thereto may be, in the discretion of the court, sentenced to
hard labor for the county for a period not to exceed 12 months
Class C felony and shall be punished as prescribed by law ."
"§34-9-10
(a)(1) Every person individual who desires to practice
dentistry within the State of Alabama shall file an
application accompanied by the appropriate fee prescribed by
the board.
(2) Notwithstanding the any particular requirement or
method of obtaining licensure or any particular requirement
set forth herein, every person as a prerequisite to licensure
applicant shall be at least 19 years of age, of good moral
character, a citizen of the United States or, if not a citizen
of the United States, a person an individual who is legally
present in the United States with appropriate documentation
from the federal government, and a graduate of a dental school
or college accredited by the American Dental Association
Commission on Dental Accreditation and approved by the board ,
and shall satisfy any other requirement set forth in any rule
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adopted by the board.
(3) The board may issue a license to practice dentistry
to any applicant who meets the licensure requirements set
forth in this chapter and the applicable rules of the board,
and may refrain from issuing a license to any applicant if the
board determines that doing so would be inconsistent with the
public interest and the promotion of public health and safety.
(b) Licensure by examination shall be applicable to the
following categories:
(1) Those individuals An applicant who have has never
been licensed or taken an examination and whose application to
take an examination administered or approved by the board is
received by the board within 18 months of graduation from
dental school or completion of an accredited or approved
post-doctoral residency program.
(2) Those individuals An applicant who havehas
successfully passed an examination approved but not
administered by the board so long as an application for
licensure is received by the board within five years of the
date of notification of passing such the examination. All
applicants shall pay a fee which shall accompany the
application.
(c) Any individual applicant who possesses a current
license in any state, who has passed an examination approved
by the board and who has, since graduation from dental or
dental hygiene school, practiced or participated in a clinical
residency or practiced dentistry or dental hygiene in the
Armed Forces or with the public health service shall be
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eligible for licensure if an his or her application is
received by the board within five years of the completion of
the subject residency or Armed Forces or public health service
commitment. All the above applicants shall pay a fee which
shall accompany the application.
(d) Licensure by credentials may be utilized to
evaluate the theoretical knowledge and clinical skill of a
dentist or dental hygienist when an applicant for licensure by
credentials holds a dental or dental hygiene license in
another state. The board may promulgate establish rules and
regulations relating to licensure by credentials in addition
to any requirements by law. An The dentist or dental hygienist
applicant for licensure by credentials shall satisfy all of
the following:
(1) The dentist or dental hygienist shall have Has been
engaged in the active practice of clinical dentistry or
clinical dental hygiene or in full-time dental or dental
hygiene education for the five years or 5,000 hours
immediately preceding his or her application.
(2) The applicant shall hold Holds a current, valid,
unrevoked, and unexpired license in a state having examination
standards regarded by the board as an equivalent to the
Alabama standards.
(3) The board of examiners in the state of current
practice shall verify or endorse that the applicant's license
is Is licensed in good standing without any restrictions , as
verified by the board of examiners in the state of current
practice.
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(4) The dentist or dental hygienist shall Is not be the
subject of a pending disciplinary action in any state in which
the individual he or she has been licensed which shall beas
verified by a query to the National Practitioner Data Bank,
the Health Integrity Protection Data Bank, the American
Association of Dental Boards Clearing House for Disciplinary
Information, or any other pertinent bank currently existing or
which may exist in the future.
(5) The applicant shall provide Provides a written
statement agreeing to be interviewed at the request of the
board.
(6) The individual shall successfully pass Passes a
written jurisprudence examination.
(7) There shall be certification from Is certified by
the United States Drug Enforcement Administration and from the
state board of any state in which the applicant he or she is
or has been licensed that the DEA registration is not the
subject of any pending disciplinary action or enforcement
proceeding of any kind.
(8)a.The dentist applicant shall submit Submits
affidavits as a dentist applicant from two licensed dentists
practicing in the same geographical area where the applicant
is then practicing or teaching attesting to the moral
character, standing, and ability of the applicant.
b. The dental hygiene applicant shall submit Submits
affidavits as a dental hygienist applicant from two licensed
dentists or two licensed dental hygienists, or any combination
of two thereof, practicing in the same geographical area where
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the applicant he or she is then practicing or teaching ,
attesting to the his or her moral character, standing, and
ability of the applicant .
(9) The applicant shall provide Provides the board with
an official transcript with school seal from the school of
dentistry or school of dental hygiene which that issued the
applicant's his or her professional degree , or execute
executes a request and authorization allowing the board to
obtain the transcript.
(10) The applicant shall be Is a graduate of a dental
or dental hygiene school, college, or educational program
approved by the board.
(11) The applicant shall not be Is not the subject of
any pending or final action from any hospital revoking,
suspending, limiting, modifying, or interfering with any
clinical or staff privileges.
(12) The applicant shall not have Has not been
convicted of a felony or misdemeanor involving moral turpitude
or of any law dealing with the administering or dispensing of
legend drugs, including controlled substances.
(13) The board may consider or require Any other
criteria required by the board by rule, including, but not
limited to, any of the following:
a. Questioning under oath.
b. Results of peer review reports from constituent
dental societies or federal dental services.
c. Substance abuse testing or treatment.
d. Background checks for criminal or fraudulent
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activities.
e. Participation in continuing education.
f. A current certificate in cardiopulmonary
resuscitation.
g. Recent case reports or oral defense of diagnosis and
treatment plans.
h. Proof of no physical or psychological impairment
that would adversely affect the ability to practice dentistry
or dental hygiene with reasonable skill and safety.
i. An agreement to initiate practice within the State
of Alabama within a period of one year.
j. Proof of professional liability coverage and that
coverage has not been refused, declined, cancelledcanceled,
nonrenewed, or modified.
k. Whether the applicant has been subject to any final
disciplinary action in any state in which the individual he or
she has been licensed which shall be verified by a query in
the National Practitioner Data Bank, the Health Integrity
Protection Data Bank, the American Association of Dental
Boards Clearing House for Disciplinary Information, any state
where the applicant has been licensed, or any other pertinent
bank currently existing or which may exist in the future.
l. Whether the applicant's DEA registration or any
state controlled substances permit has ever been revoked,
suspended, modified, restricted, or limited in any way.
Provided, however, that any discipline that results only from
a failure to timely renew a registration or permit shall not
prevent an applicant him or her from being eligible for this
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method of licensure.
(14)(e) If all criteria and requirements are satisfied
and the board determines, after notice and a hearing, that the
individual applicant committed fraud or in any way falsified
any information in the application process, the license may be
revoked by the board.
(15)(f) In addition to the requirements for applicants
seeking licensure by credentials, an applicant desiring to
practice a specialty only shall satisfy the following
requirements:
a.(1) The specialty shall be one in a branch of
dentistry approved by the board.
b.(2) The applicant shall satisfy the existing
educational requirements and standards set forth by the board
for that approved specialty.
c.(3) An applicant who chooses to announce or practice
a specialty shall limit his or her practice exclusively to the
announced special area or areas of dental practice.
d.(4) If an applicant who is initially licensed by
credentials for a specialty practice decides to renounce his
or her specialty and practice general dentistry , and the
license originally issued did not require a general dental
license but rather a specialty license, or if the applicant
originally passed only a specialty examination, the applicant
may not practice general dentistry until he or she
successfully passes the board's regular general dentistry
examination. However, if the applicant has passed a general
dentistry examination or has holds a general dentistry
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license, was practicing practices a specialty, and then
decides not to continue that specialty and but to practice
only general dentistry, the applicant is eligible for
licensure by credentials as a general dentist.
(e)(g)(1) Notwithstanding the provisions of subsection
(a), the board shall issue a special purpose license to
practice dentistry across state lines to an applicant who has
met the following requirements:
(1)a.The applicant holds Holds a full and unrestricted
license to practice dentistry in any state of the United
States or in territories, other than the State of Alabama, in
which the individual applicant is licensed.
(2)b.The applicant has Has not had any disciplinary
action or other action taken against him or her by any state
or licensing jurisdiction. If there has been previous
disciplinary or other action taken against the applicant, the
board may issue a certificate of qualification if it finds
that the previous disciplinary or other action indicates that
the dentist is not a potential threat to the public.
(3)c.The applicant submits Submits an application and
an application fee for a certificate of qualification for a
special purpose license to practice dentistry across state
lines on a form provided by the board , remits an application
fee in an amount established by the board, and pays a fee upon
certification. All required fees shall be established by the
board.
(f)(2) A special purpose license issued by the board to
practice dentistry across state lines limits the licensee
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solely to the practice of dentistry across state lines. The
special purpose license shall be valid for a period of up to
three years, shall expire on a renewal date determined by the
board, and may be renewed upon receipt of a renewal fee as
established by the board. Failure to renew a license according
to the renewal schedule established by the board shall cause
the special purpose license to be inactive. An applicant may
reapply for a special purpose license to practice dentistry
across state lines following placement of the license on
inactive status. The applicant shall meet the qualifications
of subsection (e) in order to be eligible for renewal of the
license.
(g)(3) Notwithstanding the provisions of this section,
the board shall only issue a special purpose license to
practice dentistry across state lines to an applicant whose
principal practice location and license to practice are
located in a state or territory of the United States whose
laws permit or allow for the issuance of a special purpose
license to practice dentistry across state lines or similar
license to a dentist whose principal practice location and
license are located in another state. It is the stated intent
of this section that dentists who hold a full and current
license authorizing him or her to practice in the State of
Alabama shall be afforded the opportunity to obtain , on a
reciprocal basis, a reciprocal license to practice dentistry
across state lines in any other state or territory of the
United States as a precondition to the issuance of a special
purpose license as authorized by this section to a dentist
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licensed in the other state or territory. The board shall
determine which states or territories have reciprocal
licensure requirements meeting the qualifications of this
section.
(h) Any individual applicant who does not qualify for
licensure pursuant to any of the above subsections but who has
passed an out-of-state examination approved by the board and
possesses a current license in good standing authorizing the
applicant to practice in the state of issuance another state
is eligible to apply for licensure upon payment of a fee
established by the board . The board shall have discretion
whether to require an examination for any such individual the
applicant, including the time, place, type, and content of any
such the examination.
(i) A current license shall mean one in good standing
authorizing the individual to practice in the state of
issuance."
"§34-9-11
When an application and accompanying proof as are
required herein under this chapter are found satisfactory, the
boardBoard shall notify the applicant to appear for
examination at a time and place to be fixed by the board, and
each applicant shall be examined and graded by number in lieu
of name. All examinations provided for in this chapter shall
be approved by the board and shall be of such the type and
character as to test the qualifications of the applicant to
practice dentistry. It is provided Provided, however, that the
board may recognize any written parts of an examination given
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by the Joint Commission on National Dental Examinations in
lieu of such or subject to the board examinations or subject
to such examinations as the board may approve. Those found
qualified by the board , consistent with Section 34-9-10(a),
shall be granted a license and a license certificate which
shall bear a serial number, the full name of the licensee, the
date of issuance, and the seal of the board, and shall be
signed by each member of the board."
"§34-9-15
(a) No person individual shall practice dentistry or
dental hygiene in the State of Alabama unless licensed or
permitted by the board and registered annually as required by
this chapter.
(b)(1) The secretary-treasurer of the board shall issue
to each licensee an initial registration form which shall
contain space for the insertion of name, address, date, and
number of license certificate, and other information as the
board shall deem necessary. The licensee shall sign and verify
the accuracy of the registration before a notary public after
which he or she shall forward the registration to the
secretary-treasurer of the board together with a fee. Each
subsequent registration shall be made in electronic format or
by United States mail upon a form to be determined by the
board.
(2) On or before October 1 of each year, every dentist
and dental hygienist licensed or permitted to practice
dentistry or dental hygiene in the state shall transmit either
online or by United States mail to the secretary-treasurer of
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the board the completed form prescribed by the board, together
with a fee established by the board pursuant to this chapter,
and receive thereafter the current annual registration
certificate authorizing him or her to continue the practice of
dentistry or dental hygiene in the state for a period of one
year. Notwithstanding Section 34-9-16, the total amount of any
administrative fines and costs assessed upon the licensee
pursuant to Section 34-9-18 in a final and non-appealable
order or agreement shall be added to and made a part of the
fee.
(c)(1) Any license or permit previously granted under
the authority of this chapter or any prior dental practice act
shall automatically be suspended if the holder thereof fails
to secure the annual registration certificate before January
1, each year. Any dentist or dental hygienist whose license or
permit is automatically suspended by reason of failure,
neglect, or refusal to secure the annual registration
certificate shall be reinstated by the board upon payment of
the penalty fee plus all accrued annual registration fees up
to a maximum of five years, accompanied with the prescribed
form for annual registration of the license or permit.
(2) Upon failure of any licensee or permittee to file
application for the annual registration certificate and pay
the annual registration fee on or before November 30, each
year, the board shall notify the licensee or permittee by mail
addressed to the last address of record that the application
and fee have not been received and that, unless the
application and fee are received on or before the first day of
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January, the license or permit shall be automatically
suspended. The board shall notify the licensee or permittee by
mail addressed to the last address of record of the effective
date of the automatic suspension and the provisions for
registration of the license or permit.
(d)(1) The board shall waive the annual payment of fees
herein provided for and issue a current annual registration
certificate to any licensee or permittee who , because of age
or physical disability, has retired from the practice of
dentistry or dental hygiene because of age or physical
disabilityor who is suffering a malady of a lingering or
permanent nature .
(2) The board by rule shall waive annual registration
and the payment of fees while any licensee is on temporary
active duty with any of the Armed Forces of the United States.
(3) The waiver waivers of fees herein provided in this
subsection shall be effective so long as the retirement
because of age or physical disability or temporary active duty
continues.
(b)(e) The board shall adopt and promulgate rules and
regulations for the adoption of a program of continuing
education for its licensees by October 1, 1991 . After that
date, the The successful completion of continuing education
program requirements shall be a requisite for renewal of
licenses and permits issued pursuant to this chapter."
"§34-9-26
(a)(1) No person individual shall practice as a dental
hygienist in this state until such person has passed an
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examination given by the board or approved by the board, or
both, under rules and regulations as the board may promulgate
and the payment of a fee he or she is duly licensed and
currently registered as a dental hygienist pursuant to this
chapter.
(b) The board shall may issue licenses and license
certificates to practice as dental hygienists to those
personsapplicants who have passed the examination and have
been found qualified by the board. Alternatively, the board
may deny licenses or license certificates in instances where
it determines that doing so would be inconsistent with the
public interest and the promotion of public health and safety.
(c) The license certificate and annual registration
certificate shall be displayed in the office in which the
dental hygienist is employed.
(d) No person applicant shall be entitled to a license
and license certificate unless the person he or she is 19
years of age and of good moral character.
(e) Each applicant for examination and license as a
dental hygienist shall meet either of the following
requirements:
(1) shall be a graduate of Has graduated from a school
of dental hygiene which has been approved by the board ., or in
lieu thereof, shall have
(2) Has served as a dental assistant for a period of
time established by board rule and shall have served at least
one year as a dental hygienist trainee under a training permit
issued by the board to a qualified dentist practicing in this
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state in accordance with the dental hygienist training program
established by the board.
(f) Any person practicing in violation of this section
shall be guilty of a misdemeanor, and the board may impose the
penalties outlined in Section 34-9-18 for such violation."
"§34-9-27
(a) A dental hygienist Dental hygienists shall work
only under the direct supervision of a duly licensed dentist
practicing in this state. Dental hygienists A dental hygienist
may perform any duties allowed by rule or regulation of the
board and assist a licensed or permitted dentist in his or her
practice.
(b) Any dental hygienist licensed by the board under
this section who has completed the curriculum for dental
hygienists at a dental school approved by the board shall have
the right to use the title Registered Dental Hygienist or the
abbreviation thereof, "R.D.H." appended to his or her name
signifying the license conferred.
(c) The board may impose any of the penalties outlined
in Section 34-9-18 against any dentist who shall permit any
dental hygienist working under his or her supervision to
perform any operation other than those permitted under this
section, and may impose the penalties outlined in Section
34-9-18 against any dental hygienist who shall perform
performs any operation other than those permitted under this
section."
"§34-9-43
(a) The board shall exercise, subject to this chapter,
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the following powers and duties:
(1) Adopt rules for its government as deemed necessary
and proper.
(2) Prescribe Adopt rules for qualification and
licensing of dentists and dental hygienists.
(3) Conduct or participate in examinations to ascertain
the qualification and fitness of applicants for licenses as
dentists and dental hygienists.
(4) Make Adopt rules and regulations regarding
sanitation.
(5) Formulate Adopt rules and regulations by which
dental schools and colleges are approved, and formulate adopt
rules and regulations by which training, educational,
technical, vocational, or any other institution which that
provides instruction for dental assistants, dental laboratory
technicians, or any other paradental personnel are approved.
(6) Grant or deny licenses, issue license certificates,
teaching permits, and annual registration certificates in
conformity with this chapter to such qualified dentists and
dental hygienists .
(7) Conduct hearings or proceedings to impose the
penalties specified in Section 34-9-18.
(8)a. Employ necessary persons individuals to assist in
performing its duties in the administration and enforcement of
this chapter, and to provide offices, furniture, fixtures,
supplies, printing, or secretarial service to these persons
and expend necessary funds.
b. Employ an attorney or attorneys, subject to the
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approval of the Attorney General, to advise and assist in the
carrying out and enforcing of the provisions of this chapter.
Provided, however, that if the board contracts with an outside
attorney to be general counsel to the board, that attorney or
any member of a law firm with which he or she is associated
shall not function as the board's prosecutor at disciplinary
hearings.
(9)a. Investigate alleged violations of this chapter
and institute or have instituted before the board or the
proper court appropriate proceedings regarding the violation.
b. Authorize and employ investigators who comply with
the Alabama Peace Officers' Minimum Standards and Training Act
to exercise the powers of a peace officer in investigating
alleged violations of the drug or controlled substances laws
by persons individuals licensed pursuant to this chapter,
including the powers of arrest and inspection of documents.
(10) Adopt rules and regulations to implement this
chapter.
(11) Publish, on a quarterly basis, all minutes, except
minutes of executive sessions, financial reports, schedules of
meetings, including anticipated executive sessions, and other
pertinent information on the board's website no later than 90
days following the date of occurrence. In addition, publish or
post annually the rules and regulations promulgated adopted by
the board, a copy of the Dental Practice Act, and a list of
all persons individuals licensed to practice under this
chapter.
(12) Attend meetings, seminars, workshops, or events
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that may improve the function and efficiency of the board or
improve the ability of the board to enforce and administer
this chapter.
(b) The board, in exercising its powers and duties,
shall adhere to guidelines and proceedings of the State Ethics
Commission as provided in Chapter 25 of Title 36. The board
may adopt rules for the purpose of establishing additional
ethical guidelines."
"§34-9-60
Any person individual licensed or permitted to practice
dentistry in the State of Alabama shall be authorized to use
anesthesia in accordance with the provisions of this
section.all of the following:
(1) All dentists are authorized to use local
anesthesia.
(2) Twelve months after May 29, 1985, no dentist shall
use general anesthesia on an outpatient basis for dental
patients, unless such dentist possesses a permit of
authorization issued by the Board of Dental Examiners board.
a. In order to receive such the permit, the dentist
must apply on a prescribed application form to the Board of
Dental Examiners board, submit an application fee, and produce
evidence showing that he or she meets all of the following
requirements:
1. Has completed a minimum of one year of advanced
training in anesthesiology and related academic subjects (or
its equivalent) beyond the undergraduate dental school level
in a training program as described in Part II of the
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guidelines for teaching the comprehensive control of pain and
anxiety in dentistry; or
2. Is a diplomate of the American Board of Oral and
Maxillofacial Surgery, or is eligible for examination by the
American Board of Oral and Maxillofacial Surgery, or is a
member of the American Association of Oral and Maxillofacial
Surgeons; or
3. Employs or works in conjunction with a qualified
medical doctor licensed physician who is a member of the
anesthesiology staff in an accredited hospital, provided that
such anesthesiologist must remain on the premises of the
dental facility until any patient given a general anesthetic
regains consciousness and is discharged; and
4. Has a properly equipped facility for the
administration of general anesthesia staffed with a supervised
team of auxiliary personnel capable of reasonably assisting
the dentist with procedures, problems, and emergencies
incident thereto. Adequacy of the facility and competence of
the anesthesia team shall be determined by the Board of Dental
Examiners board as outlined belowin paragraph b.
5. Possesses current Has successfully completed
training in Advanced Cardiac Cardiovascular Life Support
(ACLS), and basic life support certification his or her
auxiliary personnel have successfully completed training in
Basic Life Support (BLS) .
b. Prior to the issuance of suchthe permit, the Board
of Dental Examiners board, at its discretion, may require an
on-site inspection of the facility, equipment, and personnel
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to determine if, in fact, the aforementioned requirements in
paragraph a. have been met. This evaluation shall be carried
out in a manner prescribed by the board. The evaluation shall
be conducted by a team of three examiners appointed by the
Board of Dental Examiners board. These examiners shall be
dentists who are authorized to administer general
anesthesiaThe team of examiners shall consist of at least one
licensed dentist who holds a general anesthesia permit and at
least two other persons as prescribed by the board pursuant to
its rules. If the results of the initial evaluation are deemed
unsatisfactory, the applicant may reapply for a permit subject
to the correction of the deficiencies outlined in the original
evaluation.
(3) Each dentist who is licensed to practice dentistry
in the state on May 29, 1985, who desires to continue to use
general anesthesia shall make application on the prescribed
form to the Board of Dental Examiners board within 12 months
of May 29, 1985. If he or she meets the requirements of this
section, he or she shall be issued such a permit. If the
applicant does not meet the requirements of paragraph a. of
subdivision (2)a. of this section , he or she may be entitled
to a "general anesthesia permit" provided said the applicant
passes to the satisfaction of the board an on-site inspection
as provided for in paragraph b. of subdivision (2) of this
section(2)b.
(4) Each dentist who has not been using general
anesthesia prior to May 29, 1985, may be granted by the board
a temporary provisional permit based on the applicant's
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Page 25
producing evidence that he or she has complied with paragraph
a. of subdivision (2) of this section above pending complete
processing of the application and thorough investigation of an
on-site evaluation as described in paragraph b. of subdivision
(2) of this section. "
"§34-9-63
(a) The issuance of a permit for general anesthesia
shall include the privilege of administering parenteral
sedation in accordance with this section. The issuance of a
permit for parenteral sedation shall include the privilege of
administering intravenous sedation. All current intravenous
sedation permit holders are entitled to a parenteral sedation
permit subject to the renewal and regulatory provisions
afforded to the Board of Dental Examiners by requirements and
board rules adopted by the board pursuant to this chapter. The
term "parenteral sedation " shall not include the use or
regulation of nitrous oxide.
(b)(1) No dentist shall use parenteral sedation on an
outpatient basis for dental patients unless the dentist
possesses a permit of authorization issued by the board. The
dentist applying for or holding the permit shall be subject to
on-site inspections as provided in paragraph b. of subdivision
(2)b. of Section 34-9-60.
a.(2) In order to receive the permit, the dentist shall
meet all of the following requirements :
1.a. Apply on a prescribed application form to the
board.
2.b. Submit a fee.
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3.c. Produce evidence showing that he or she has
satisfied each of the following requirements:
(i)1. Received formal training in the use of parenteral
sedation from a board approved training program, is competent
to handle all emergencies relating to parenteral sedation, and
is currently certified in cardiopulmonary resuscitation. The
certification of the formal training shall specify the total
number of hours, the number of didactic hours, and the number
of patient contact hours. The required number of didactic
hours and patient contact hours shall be determined by the
board.
(ii)2. Equipped a proper facility for the
administration of parenteral sedation, staffed with a
supervised team of auxiliary personnel capable of reasonably
assisting the dentist with procedures, problems, and
emergencies incident to the sedation procedure.
b.(3) Adequacy of the facility and the competency of
the sedation team shall be determined by the board.
c.(4) Prior to the issuance of a permit, the board may
require an on-site inspection of the facility, equipment, and
personnel to determine if the requirements of this section
have been met. This evaluation shall be performed as provided
in subdivision (2) of this section .
(2)(c)(1) Each dentist who is licensed to practice
dentistry in the state and who desires to continue to use
parenteral sedation shall make application to the board on the
prescribed form to the board. If he or she meets the
requirements of this section, or currently holds a valid
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Page 27
intravenous sedation permit, he or she shall be issued such a
permit subject to all renewal and regulatory requirements of
Section 34-9-64. If the applicant does not meet the
requirements of paragraph a. of subdivision (1) of this
sectionsubdivision (b)(2) , or does not currently hold a valid
intravenous sedation permit, he or she may be entitled to a
"parenteral sedation permit" if the applicant passes , to the
satisfaction of the board, an on-site inspection to the
board's satisfaction . The inspection shall ascertain that
whether the dentist has a properly equipped facility for the
administration of parenteral sedation, staffed with a
supervised team of auxiliary personnel capable of reasonably
assisting the dentist with incidental procedures, problems,
and emergencies.
The board, in (2) In conducting the on-site inspection
and evaluations required in this sectionsubsection, the board
shall appoint a team of up to three examiners who shall be
dentists certified to administer parenteral sedation in
accordance with this article . The team of examiners shall
consist of at least one licensed dentist who holds a
parenteral sedation permit and at least two other persons as
prescribed by the board pursuant to its rules.
(3) A dentist utilizing parenteral sedation and the
auxiliary personnel of the dentist shall be currently
certified in cardiopulmonary resuscitation and the dentist
shall be trained in advanced cardiac life support (d) A dentist
utilizing parenteral sedation shall have successfully
completed training in Advanced Cardiovascular Life Support
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(ACLS), and his or her auxiliary personnel shall have
successfully completed training in Basic Life Support (BLS) .
(4)(e) Each dentist who has not been using parenteral
sedation, pending complete processing of an application and a
thorough on-site evaluation, may be granted one temporary
provisional permit by the board at a time, if the applicant
produces evidence that he or she has complied with this
section."
"§34-9-86
The board, prior Prior to issuance of a permit for oral
conscious sedation, the board may require an on-site
inspection of the personnel, the facility, and the equipment
to determine if the requirements of this article have been
met. The inspection team shall be determined by the board and
shall reflect the principles of peer review The on-site
inspection shall be conducted by an investigator employed by
the board pursuant to Section 34-9-3 or by such other
individuals as prescribed by the board pursuant to its rules ."
Section 2. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Boards, Agencies and
Commissions
................11-Apr-23
Read for the second time and placed
on the calendar:
1 amendment
................11-May-23
Read for the third time and passed
as amended
Yeas 100
Nays 0
Abstains 4
................18-May-23
John Treadwell
Clerk
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