Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 110ENTERAL CONSCIOUS SEDATION
RULE §110.2Permit
ISSUE 11/30/2001
ACTION Proposed
Preamble Texas Admin Code Rule

(a)A dentist licensed to practice in Texas who desires to use enteral conscious sedation either, must have a parenteral conscious sedation anesthesia permit or a deep/general sedation anesthesia permit issued pursuant to board rule or must obtain an enteral conscious sedation permit from the State Board of Dental Examiners. A permit is not required for administration of Schedule II drugs prescribed for pain control.

  (1)A permit may be obtained by completing an application form approved by the State Board of Dental Examiners, a copy of which may be obtained from the SBDE.

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

  (3)Prior to issuance of a sedation/anesthesia permit the Board may require that the applicant undergo a facility inspection or further review of credentials. The SBDE may direct an Anesthesia Consultant, appointed pursuant to board rule 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 90 days may be granted if the designated Anesthesia Consultant requests one.

  (4)An applicant for a sedation/anesthesia permit must be licensed and in good standing with the State Board of Dental Examiners. For purposes of these rules "good standing" means that a licensee is not suspended, whether or not the suspension is probated. Applications from licensees who are not in good standing will not be approved.

(b)The Board may consider a request by a dentist for an on-site inspection. The Board may, in its discretion and on payment of a fee in an amount established by the Board, conduct the inspection and issue an advisory opinion.

  (1)An advisory opinion issued by the Board under this section is not binding on the Board, and the Board, except as provided by paragraph (2) may take any action in relation to the situation addressed by the advisory opinion that the Board considers appropriate.

  (2)A dentist who requests and relies on an advisory opinion of the Board may use the opinion as mitigating evidence in an action or proceeding to impose an administrative penalty. The Board, as appropriate, shall take proof of reliance on an advisory opinion into consideration and mitigate the imposition of administrative penalties accordingly.

(c)[(b)] Once a permit is issued, the State Board of Dental Examiners upon payment of required fees shall automatically renew the permit annually unless after notice and opportunity for hearing the Board finds the permit holder has, or is likely to provide anesthesia/sedation services in a manner that does not meet the minimum standard of care. At such hearing the Board shall consider factors including patient complaints, morbidity, mortality, and anesthesia consultant recommendations.

(d)[(c)] Annual dental license renewal certificates shall include the annual permit renewal, except as provided for in subsection (c) [(b)] of this section and shall be assessed an annual renewal fee of $5.00 payable with the license renewal. New permit fees are $28.75 payable with the application for permit.

(e)[(d)] Permit Restrictions: the Board may elect to issue a temporary enteral conscious sedation permit which will expire on a date certain. A full sedation/anesthesia permit may be issued after the dentist has complied with requests of the Board which may include, but shall not be limited to, review of the dentist's anesthetic technique, facility inspection and/or review of patient records to ascertain that the minimum standard of care is being met. If a full permit is not issued, the temporary permit will expire on the stated date, and no further action by the State Board of Dental Examiners will be required, and no hearing will be conducted.

(f)[(e)] Educational/Professional Requirements:

  (1)To become permitted to administer enteral conscious sedation, the dentist must satisfy one of the following criteria:

    (A)must have completed training consistent with that described in Part I or Part III of the American Dental Association (ADA) Guidelines for Teaching the Comprehensive Control of Pain and Anxiety in Dentistry, and have documented administration of enteral conscious anesthesia/sedation in a minimum of five cases;

    (B)must have completed an ADA accredited post-doctoral training program which affords comprehensive and appropriate training necessary to administer and manage enteral conscious sedation;

    (C)must have completed the two-day conscious sedation course in Pediatric Dentistry approved and developed by the American Academy of Pediatric Dentistry; or

    (D)must have completed a two day enteral conscious sedation course approved by the SBDE.

  (2)The following shall apply to the administration of enteral conscious sedation in the dental office:

    (A)the operating dentist must complete at least every three years appropriate Continuing Education in enteral conscious sedation.

    (B)the operating dentist and his/her clinical staff must maintain current certification in basic cardiopulmonary resuscitation given by the American Heart Association or the American Red Cross.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on November 16, 2001

TRD-200107085

Jeffry Hill

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: December 30, 2001

For further information, please call: (512) 463-6400



Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page