The State Board of Dental Examiners proposes new Chapter 110, Enteral Conscious Sedation and new §§110.1 Definitions, 110.2 Permit, 110.3 Permit Requirements and Clinical Provisions and 110.4 Effective Date. The new chapter will require that dentists who administer sedative agents to patients, either orally or rectally, to obtain a permit to do so. The primary purpose of the new rules is to provide assurance to Texans that Texas dentists who administer conscious sedation through any route (those who administer conscious sedation parenterally, i.e., other than orally or rectally, are currently required to have a permit) have been adequately trained to do so. Depending on courses taken, a dental school graduate may not be fully trained to administer enteral conscious sedation. The new rules assure that such training will have been obtained by those who will administer such sedation. Administration of medication for pain relief only will not require a permit under these rules. The rules also provide requirements for monitoring patients who are sedated, documentation of procedures followed and prescribe discharge criteria.

Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has determined for the first five-year period the rules are in effect there will be no fiscal implications for local government as a result of enforcing or administering the rules. State government, the State Board of Dental Examiners will not require additional funding to implement and enforce these rules, and there will be no fiscal impact on other elements of state government.

Mr. Hill also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be that Texas citizens will be assured that Texas dentists who administer enteral conscious sedation have been properly trained in the procedures.

There will be fiscal implications for small and large businesses. There will be a fee of $28.75 to apply for the permit and an annual renewal fee of $5.00. Since a pulse oximeter is required to administer enteral conscious sedation some dentists who seek a permit may be required to purchase one. Further, other equipment and supplies may be required to meet monitoring and documentation requirements. For many dentists there will be no additional costs as they may have on hand all equipment and supplies needed. For those who do not, the expense will not be excessive.

For large or small businesses the costs will vary as described above. The impact on small businesses will typically be less than the impact on large businesses since the amount of equipment and supplies needed is related to the number of dentists in an organization and the number of operatories an office supports. In either case, the expense is not unreasonable when compared to the protection to be afforded to the public.

Comments on the proposal may be submitted to Mei Ling Clendennen, Assistant Executive Director, State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, (512-463-6400). To be considered, all comments must be received by the State Board of Dental Examiners on or before January 9, 2001.

The new rules are proposed under Texas Government Code §2001.021 et.seq; Texas Civil Statutes, the Occupations Code §254.001(a) which provides the State Board of Dental Examiners with the authority to adopt and enforce rules necessary for it to perform its duties, and to ensure compliance with laws relating to the practice of dentistry to protect the public health and safety.

The proposed new rules do not affect other statutes, articles, or codes.