Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 110SEDATION AND ANESTHESIA
RULE §110.2Sedation/General Anesthesia Permit
ISSUE 12/16/2016
ACTION Proposed
Rule Withdrawn: 06/16/2017
Preamble Texas Admin Code Rule

(a)A dentist licensed under Chapter 101 of this title shall obtain a sedation/general [an] anesthesia permit for the following sedation/general anesthesia procedures used for the purpose of performing dentistry:

  (1)Nitrous Oxide/Oxygen inhalation sedation;

  (2)Level 1: Minimal sedation;

  (3)Level 2: Moderate sedation limited to enteral routes of administration;

  (4)Level 3: Moderate sedation which includes parenteral routes of administration; or

  (5)Level 4: Deep sedation or general anesthesia.

(b)A dentist licensed to practice in Texas who desires to administer nitrous oxide/oxygen inhalation sedation or Level 1, Level 2, Level 3 or Level 4 sedation must obtain a permit from the State Board of Dental Examiners (Board). A sedation/general anesthesia permit is not required to administer Schedule II drugs prescribed for the purpose of pain control or post-operative care.

  (1)A permit may be obtained by completing an application form approved by the Board.

  (2)The application form must be filled out completely and appropriate fees paid.

   (3)A dentist applying for a sedation/general anesthesia permit must meet the requirements of the highest permit level sought and all permit levels below the highest permit level sought.

  (4)[(3)] Prior to issuance of a sedation/general anesthesia permit, the Board may require that the applicant undergo a facility inspection or further review of credentials. The Board may direct an Anesthesia Consultant, who has been appointed by the Board, to assist in this inspection or review. The applicant will be notified in writing if an inspection is required and provided with the name of an Anesthesia Consultant who will coordinate the inspection. The applicant must make arrangements for completion of the inspection within 180 days of the date the notice is mailed. An extension of no more than ninety (90) days may be granted if the designated Anesthesia Consultant requests one.

  (5)[(4)] An applicant for a sedation/general anesthesia permit must be licensed by and should be in good standing with the Board. For purposes of this chapter "good standing" means that the dentist's license is not suspended, whether or not the suspension is probated. Applications from licensees who are not in good standing shall not be approved.

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 December 5, 2016

TRD-201606155

Kelly Parker

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: January 15, 2017

For further information, please call: (512) 475-0977



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