Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1602 Comm Sub / Analysis

Filed 06/21/2023

                      	SB 1602 
Initials AG/BSR 	Page 1 	Transmitted 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: COM DP 4-3-0-0 | 3
rd
 Read 16-12-2-0 
House: HHS DPA 7-2-0-0 | 3
rd
 Read 47-11-1-0-1 
Final Pass: 20-8-2-0 
 
SB 1602: dental anesthesia; requirements 
Sponsor: Senator Shamp, LD 29 
Transmitted to the Governor 
Overview 
An emergency measure that outlines standards and reporting procedures for qualified anesthesia 
providers administering general anesthesia and sedation in dental offices and clinics. Requires 
the Arizona State Board of Dental Examiners (Board) Anesthesia and Sedation Committee 
(Committee) to submit final recommendations to the Board to improve the general anesthesia and 
sedation permit requirements.  
History 
The Board regulates and licenses dental professionals, including dentists, dental hygienists, 
dental consultants, dental therapists and denturists. Additionally, the Board reviews complaints 
against licensees and business entities, conducts investigations and is authorized to take 
disciplinary action for violations of state laws relating to the profession (A.R.S. §§ 32-1201 through 
32-1299.26). 
The Board is tasked with establishing criteria for the issuance and renewal of general anesthesia 
and sedation permits. Additionally, the Board must establish and collect a fee of not more than 
$300 to cover administrative costs connected with issuing the permit and conduct inspections to 
ensure compliance (A.R.S. § 32-1207). 
Provisions 
Qualified Anesthesia Provider Requirements 
1. Instructs a dental office or clinic that administers general anesthesia or sedation to: 
a) contain properly operating equipment and supplies as prescribed by the Board in rule; and 
b) have proper emergency response protocols, including advanced cardiac life support, 
airway management and pediatric advanced life support, as applicable, as prescribed by 
the Board in rule that is consistent with the standards and practices recommended by the 
American Heart Association. (Sec. 3) 
2. Deems that a licensed qualified anesthesia provider who fails to comply with the statutory 
general anesthesia and sedation permit requirements or applicable Board rules commits an 
act that constitutes a danger to the health, welfare and safety of the public. (Sec. 3) 
3. Permits the Arizona Medical Board and Arizona State Board of Osteopathic Examiners in 
Medicine and Surgery to issue registrations to administer general anesthesia and sedation in 
dental offices and clinics to physicians who have completed residency training in 
anesthesiology. (Sec. 4, 8)  
4. Permits the Arizona State Board of Nursing to issue registrations to administer general 
anesthesia and sedation in dental offices and clinics to certified registered nurse anesthetists 
who have national board certification in anesthesiology. (Sec. 6)    	SB 1602 
Initials AG/BSR 	Page 2 	Transmitted 
Duty to Report 
5. Specifies that if a qualified anesthesia provider who is not licensed by the Board fails to comply 
with the statutory general anesthesia and sedation permit requirements or applicable Board 
rules, the Board must promptly report the providers conduct to the regulatory board that 
licenses them. (Sec. 3) 
6. States that if an adverse anesthesia outcome involves a qualified anesthesia provider who is 
not licensed by the Board, the Board must promptly report the adverse anesthesia outcome 
to the regulatory board that licenses the provider. (Sec. 3) 
7. Directs a treating dentist, within seven business days, to submit an incident report to the Board 
if a death or incident requiring emergency medical response occurs in a dental office or clinic 
during the administration of or recovery from general anesthesia or sedation by a qualified 
anesthesia provider. (Sec. 3) 
8. Specifies that if the incident involves a qualified anesthesia provider who is not licensed by 
the Board, the Board must immediately forward a copy of the incident report to the regulatory 
Board that licenses the provider. (Sec. 3)  
9. Requires a licensed physician or certified registered nurse anesthetists, if a death or an 
incident requiring emergency medical response occurs in a dental office or clinic during the 
administration of or recovery from general anesthesia or sedation, to report the death or 
incident to the Board within seven business days after the occurrence. (Sec. 5, 7, 9)  
10. Permits any other person, if a death or an incident requiring emergency medical response 
occurs in a dental office or clinic during the administration of or recovery from general 
anesthesia or sedation to report the death or incident to the Board within seven business days 
after the occurrence. (Sec. 5, 7 and 9)  
Anesthesia and Sedation Committee 
11. Directs the Committee, by September 1, 2023, to submit to the Board its final 
recommendations to improve the general anesthesia and sedation permit requirements as 
provided in the Board's existing administrative rules for the purpose of increasing patient 
safety when general anesthesia or sedation is being administered by a provider within a dental 
practice or a similar setting that is under the Board's jurisdiction. (Sec. 10) 
12. Tasks the Committee with considering ways to create equitable access for all qualified 
anesthesia providers and improve access to dental anesthesia services for patients. (Sec. 10) 
13. Directs the Board, within 60 days after receipt of the Committee's final recommendations, to 
approve, modify or reject the recommendations. (Sec. 10) 
14. Exempts the Board from rulemaking requirements for one year for the purposes of addressing 
the general anesthesia and sedation permit requirements. (Sec. 10) 
15. Repeals the requirements for the Committee's final recommendations on January 1, 2025. 
(Sec. 10) 
Miscellaneous 
16. Defines the term Qualified anesthesia provider. (Sec. 1) 
17. Contains an emergency clause. (Sec. 11) 
18. Makes technical and conforming changes. (Sec. 1, 2, 4, 6, 7 and 8). 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☒ Emergency (40 votes) ☐ Fiscal Note