The State Board of Dental Examiners (Board) adopts an amendment to 22 TAC §110.15, concerning establishment of the Board's minimum emergency preparedness standards and requirements for the administration of sedation/anesthesia, including determining what patient monitoring equipment must be maintained and inspected according to each level of sedation/anesthesia being administered. This amendment to the existing rule clarifies to licensees what equipment licensees must maintain according to their administration of nitrous oxide and/or levels 1 through 4 of sedation/anesthesia. This amendment is adopted with changes to the proposed text as published in the January 18, 2019, issue of the Texas Register (44 TexReg 316) and will be republished.

After publication in the Texas Register, Board staff has changed the proposed text of the rule to reflect an updated reference to Texas Occupations Code §258.1556 in subsection (a), an updated reference to Texas Occupations Code §258.1555 in subsection (c), and updated references to 22 TAC §§110.3 - 110.6 in subsections (b), (d), and (e). No other changes were made to the proposed text.

Two comments were received after publication of the proposed rule amendment during the official comment period.

The Texas Dental Association offered a comment in support of the rule as proposed. The Board agrees with this comment and has made no changes to the proposed text as a result of this comment.

The Texas Academy of General Dentistry offered a comment requesting clarification that the addition of "capnograph" and the deletion of "precordial/pretracheal stethoscope" only applies to Level 4 permit providers. The Board notes that, per a review of Texas Occupations Code §258.1555 and 22 TAC §§110.3 - 110.6, capnography is only required for Level 4 deep sedation or general anesthesia. As a result, the Board agrees with the comment that the requirement for a capnograph only applies to Level 4 providers, and has made no changes to the proposed text as a result of this comment.

This rule is adopted under Texas Occupations Code §258.153(b)(3), directing the Board to promulgate rules related to the minimum standards for administering anesthesia by a dentist including what dental patient monitoring is to be performed and what equipment to be used during a procedure and during post-procedure monitoring. This rule is also adopted under Texas Occupations Code §258.1556, directing the Board to adopt rules establishing minimum emergency preparedness standards and requirements.

This rule implements the requirements of Texas Occupations Code §§258.153(b)(3) and 258.1556.