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(a)Pursuant to §258.202 of the Texas Occupations
Code, the board establishes an advisory committee: the Advisory Committee
on Dental Anesthesia.
(b)Purpose. The purpose of the advisory committee
is to analyze and report on de-identified data and associated trends
concerning anesthesia-related deaths or incidents. The data and information
provided by the agency to the advisory committee is confidential.
The recommendations and findings reported by the advisory committee
to the board are public information and published on the board's Internet
website.
(c)Compilation of Information by Agency. The agency
shall identify investigations and provide confidential, de-identified
information regarding the investigations to the advisory committee
as described below:
(1)By September 30 of each year, the agency shall
identify official investigations in which the preliminary investigation
was initiated after September 1, 2016, and the official investigation
was resolved by the board in the preceding fiscal year, which involve
anesthesia-related deaths or incidents. A death shall be considered
anesthesia-related if the dental treatment involved the administration
of an anesthetic or sedative agent in the dental office, including
local anesthesia, and a death occurred. An incident shall be considered
anesthesia-related if the dental treatment involved the administration
of an anesthetic or sedative agent in a dental office, including local
anesthesia, and the Dental Review Panel identified a complication
associated with the administration of the anesthetic or sedative agent.
(2)By November 30 of each year, the agency shall compile
confidential, de-identified information on each investigation identified
under paragraph (1) of this subsection, including, but not limited
to, the following information:
(A)Information about respondent:
(i)Whether respondent is a Medicaid provider;
(ii)Respondent's highest sedation/anesthesia permit
level;
(iii)Whether respondent reported providing anesthesia
services in more than one location on the licensee's application or
latest renewal;
(iv)Respondent's self-reported practice area; and
(v)Whether the investigation was initiated as the
result of a complaint submitted by a patient or member of the public,
as a self-report to the agency required by Board Rule 108.6, or both.
(B)Information about patient:
(i)Patient ASA, as identified in respondent's dental
records and/or determined by Dental Review Panel;
(ii)Patient age -- under the age of 13, 13 and over
but under 18, 18 and over but under 75, and 75 and over;
(iii)Location of the treatment investigated by the
agency -- dental office, hospital, ASC, office of other practitioner;
(iv)Level of sedation/anesthesia administered -- Local,
Nitrous, I, II, III, IV (determined by Dental Review Panel);
(v)Sedation/anesthesia administrator -- respondent,
other dentist, MD, CRNA (determined by Dental Review Panel); and
(vi)Whether treatment investigated by the agency was
paid by Medicaid; and
(C)The Dental Review Panel report designated as the
final report by the Dental Review Panel.
(3)By November 30 of each year, the agency shall provide
the information identified under paragraph (2) of this subsection
to the members of the advisory committee.
(4)On request of the advisory committee, the agency
may provide confidential, de-identified investigative files to the
advisory committee in addition to the information provided under paragraph
(2) of this subsection. Pursuant to §258.505 of the Texas Occupations
Code, the advisory committee may conduct a closed meeting to review
confidential investigative files provided to the advisory committee
under this paragraph.
(d)Analysis of Information by Advisory Committee.
The advisory committee shall analyze the information compiled under
subsection (c)(2) to identify any trends and submit a report to the
board as described below:
(1)By June 30 of each year, the advisory committee
shall submit a written report to the board of the advisory committee's
findings and any recommendations for changes to the board rules or
the Dental Practice Act.
(2)The advisory committee's annual report shall be
posted on the Board's Internet website.
(e)Membership and Term Length. The advisory committee
consists of six members appointed by the board to serve two-year terms
beginning on December 1 of each odd-numbered year. Members, including
the advisory committee chair, may serve no more than three consecutive
terms as members of the advisory committee. An advisory committee
chair may serve no more than four consecutive one-year terms as advisory
committee chair. The advisory committee must include a licensed Texas
physician anesthesiologist and five licensed Texas dentists. The five
licensed Texas dentists must include at least one dentist who holds
a level 1 sedation/anesthesia permit and no higher permit, at least
one dentist who holds a level 2 sedation/anesthesia permit and no
higher permit, at least one dentist who holds a level 3 sedation/anesthesia
permit and no higher permit, and at least one dentist who holds a
level 4 sedation/anesthesia permit. In addition, the five dentist
members of the advisory committee shall include one general dentist.
The remaining four dentist members shall be dentists who are university-trained
in their respective practice areas, with applicants' education and
experience verified during the application process. These four dentist
members shall include one university-trained dentist to represent
each of the following practice areas:
(1)dental anesthesiology;
(2)oral and maxillofacial surgery;
(3)pediatric dentistry; and
(4)periodontics.
(f)Qualification for Membership. A person cannot be
appointed as a member unless he or she holds a Texas dental or medical
license that he or she has maintained in good standing for at least
the five years preceding application for membership on the advisory
committee. A license is in good standing if it is not expired, currently
subject to a probated suspension, or currently subject to an enforced
suspension.
(g)Board Member Membership on Advisory Committee.
In accordance with §258.202(c) of the Texas Occupations Code,
a currently serving board member cannot be appointed to the advisory
committee. A former board member cannot be appointed to the advisory
committee prior to the second anniversary of the expiration or termination
of the board member's service on the board.
(h)Application, Nomination, and Confirmation Process.
Pursuant to §258.203 of the Texas Occupations Code, the board
establishes the following process for the application, nomination,
and confirmation of members of the advisory committee.
(1)Application for Membership. By October 1 of each
odd-numbered year, the agency shall publish an application for advisory
committee membership on the board's Internet website. The application
period shall close on October 15 of each odd-numbered year.
(2)Nomination of Advisory Committee Members. By November
1 of each odd-numbered year, the presiding officer of the board shall
review all applications and nominate six applicants for membership
on the advisory committee. The applicants nominated by the presiding
officer shall represent the membership described by subsection (e)
of this section.
(3)Confirmation of Advisory Committee Members. By
December 1 of each odd-numbered year, the board shall vote by ballot
in a public meeting to confirm or reject each of the presiding officer's
nominees for membership on the advisory committee. Confirmation of
a nominee requires the affirmative vote of an absolute majority of
the entire membership of the board if the board is comprised of more
than six, but fewer than eleven members, or if the board is comprised
of more than eleven members. Confirmation of a nominee requires the
affirmative vote of at least seven members of the board if the board
is comprised of eleven members.
(4)Rejection of Nomination by Board. If one of the
presiding officer's nominations for membership on the advisory committee
is rejected by the board, the presiding officer shall nominate another
applicant to membership on the advisory committee, subject to confirmation
by the board, as described in paragraph (3) of this subsection. The
subsequent nominee shall represent the same self-reported practice
area as the original nominee.
(5)Appointment of Advisory Committee Members. The
appointment of an advisory committee member commences on the date
the board confirms the presiding officer's appointment of the advisory
committee member.
(i)Designation of Advisory Committee Chair. Each year
the presiding officer of the board shall designate one of the advisory
committee members appointed by the board to serve a one-year term
as chair of the advisory committee.
(1)This paragraph applies if the board is comprised
of more than six, but fewer than eleven members, or if the board is
comprised of more than eleven members. The board shall confirm the
presiding officer's designation by affirmative vote of an absolute
majority of the entire membership of the board. If the presiding officer's
designation is unconfirmed by such an affirmative vote, the presiding
officer shall designate another member of the advisory committee as
the chair of the advisory committee, subject to an affirmative vote
of an absolute majority of the entire membership of the board.
(2)This paragraph applies if the board is comprised
of eleven members. The board shall confirm the presiding officer's
designation by affirmative vote of at least seven members of the board.
If the presiding officer's designation is unconfirmed by such an affirmative
vote, the presiding officer shall designate another member of the
advisory committee as the chair of the advisory committee, subject
to an affirmative vote of at least seven members of the board.
(j)Resignation, Removal, and Replacement of Advisory
Committee Members. If an advisory committee member resigns or is removed
from the advisory committee prior to the expiration of his or her
term, the advisory committee member shall be replaced with another
member that represents the self-reported practice area of the former
advisory committee member. The application period shall re-open for
a period of no more than 30 days. The agency shall publish the application
for advisory committee membership on the board's Internet website,
specifying the self-reported practice area to be replaced by a new
member of the advisory committee. The presiding officer shall nominate
the replacement member of the advisory committee at the next public
meeting of the board, and the board shall confirm or reject the nomination
as described in subsection (h) of this section.
(k)Confidential Information. The members of the advisory
committee shall execute confidentiality agreements related to their
membership on the advisory committee. Violation of the confidentiality
agreement is grounds for immediate removal from the advisory committee
and may subject the member of the advisory committee to investigation
and disciplinary proceedings for dishonorable conduct pursuant to
Board Rule 108.9.
(l)Communication with Other Parties. Members of the
advisory committee shall not engage in private communications with
non-advisory committee members about the subject matter of the advisory
committee or its work, except that members of the advisory committee
may communicate with agency staff to facilitate the completion of
tasks required by this rule.
(m)Reimbursement. The advisory committee may be reimbursed
for expenses in accordance with §2110.004 of the Texas Government
Code.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on July 28, 2017
TRD-201702822 Kelly Parker
Executive
Director
State Board of Dental Examiners
Earliest possible date of adoption: September 10, 2017
For further information, please call: (512) 475-0977
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