(a)A dentist who applies for the
issuance or renewal of a sedation/anesthesia permit must include in
the application a statement indicating whether the dentist provides
or will provide a permitted sedation/anesthesia service in more than
one location and the physical address of each location at which the
dentist provides or will provide permitted sedation/anesthesia services.
[(a)A sedation/anesthesia permit
is valid for the dentist's facility, if any, as well as any satellite
facility.]
[(b)A Texas licensed dentist who
holds the Board-issued privilege of portability on or before June
1, 2011 will automatically continue to hold that privilege provided
the dentist complies with the renewal requirements of this section.]
[(c)Portability of a sedation/anesthesia
permit will be granted to a dentist who, after June 1, 2011, applies
for portability, if the dentist:]
[(1)holds a Level 4 Deep Sedation/General Anesthesia
permit;]
[(2)holds a Level 3 Moderate Parenteral Sedation permit
and the permit was granted based on education received in conjunction
with the completion of a oral and maxillofacial specialty education
program or a dental anesthesia program; or]
[(3)holds a Level 3 Moderate Parenteral Sedation permit
and if:]
[(A)the training for the permit was obtained on the
basis of completion of any of the following American Dental Association
(ADA) Commission on Dental Accreditation (CODA) recognized or approved
programs:]
[(i)a specialty program;]
[(ii)a general practice residency;]
[(iii)an advanced education in general dentistry program;
or]
[(iv)a continuing education program. Dentists seeking
a portability privilege designation based on this method of education
shall also successfully complete no less than sixty (60) hours of
didactic instruction and manage no less than twenty (20) dental patients
by the intravenous route of administration; and]
[(B)the applicant provides proof of administration
of no less than thirty (30) cases of personal administration of Level
3 sedation on patients in a primary or satellite practice location
within the six (6) month period preceding the application for portability,
but following the issuance of the sedation permit. Acceptable documentation
shall include, but not be limited to, patient records demonstrating
the applicant's anesthetic technique, as well as provision of services
by the applicant within the minimum standard of care.]
(b)[(d)] A dentist providing sedation/
anesthesia services in more than one location [utilizing
a portability permit] remains responsible for providing these
services in strict compliance with all applicable laws and rules.
The dentist shall ascertain that the location is supplied, equipped,
staffed, and maintained in a condition to support provision of sedation/
anesthesia services that meet the standard of care.
[(e)Any applicant whose request for
portability status is not granted on the basis of the application
will be provided an opportunity for hearing pursuant to Texas Government
Code, Chapter 2001 et seq.]
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 September 29, 2017
TRD-201703944 Kelly Parker
Executive Director
State Board of
Dental Examiners
Earliest possible date of adoption: November 12, 2017
For further information, please call: (512) 475-0977
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