| (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 staggered
two-year terms. The Board's presiding officer will draw lots to determine
which of the three initial members will serve a one-year term and
which three will serve a two-year term, all of which begin on December
1, 2017. Thereafter, all appointments will be for two years from the
date of appointment. Members, including the advisory committee chair,
may serve no more than three consecutive two-year 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. The application for
the initial appointments will be published on the board's internet
website by October 1, 2017 and the application period will close on
October 15, 2017. Thereafter, the agency shall publish an application
for advisory committee membership on the board's Internet website
three months prior to the expiration of an appointment or within one
month following the resignation or removal of a member. The application
period shall close two weeks after the application has been published.
(2) Nomination of Advisory Committee Members. By November
1, 2017, the presiding officer of the board shall review all initial
applications and nominate applicants for membership on the advisory
committee. Thereafter, nominations will be made within two weeks of
the closure of the application period. The applicants nominated by
the presiding officer shall represent the same self-reported practice
area as the member they may replace.
(3) Confirmation of Advisory Committee Members. By
December 1, 2017, the board shall vote by ballot in a public meeting
to confirm or reject each of the presiding officer's initial nominees
for membership on the advisory committee. Thereafter, the board shall
vote for nominees at the first board meeting that follows the nominations.
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.
Cont'd... |
