The board proposes to create a new rule to address Itinerate/Mobile Anesthesia - General Anesthesia Permit Holders.

 

DEPARTMENT OF HEALTH
Board of Dentistry

RULE NO.:RULE TITLE:
64B5-14.0034Itinerate/Mobile Anesthesia - General Anesthesia Permit Holders
PURPOSE AND EFFECT: The board proposes to create a new rule to address Itinerate/Mobile Anesthesia - General Anesthesia Permit Holders.
SUMMARY: The proposed rule sets forth the criteria for dentists to administer general anesthesia in an outpatient dental office.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 466.004, 466.017 FS.
LAW IMPLEMENTED: 466.017 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

THE FULL TEXT OF THE PROPOSED RULE IS:

64B5-14.0034 Itinerate/Mobile Anesthesia - General Anesthesia Permit Holders.

The provisions of this rule control the treatment of dental patients in an outpatient dental office where a dentist with a general anesthesia permit performs the sedation services for a treating dentist. The treating dentist must possess a general anesthesia permit, conscious sedation permit, or pediatric conscious sedation permit.  The level of anesthesia administered shall be to any level necessary to safely and effectively treat the dental patient.  This rule shall control notwithstanding any rule provision in this Chapter that prohibits such conduct.

(1)              General Anesthesia Permit Holder’s Office:

A general anesthesia permit holder may perform sedation services for a dental patient of another general anesthesia permit holder or conscious or pediatric conscious sedation permit holder in his or her office or in another general anesthesia permit holder’s office.  In this setting, the following shall apply:

(a) The dental treatment may only be performed by a treating dentist who holds a valid anesthesia permit of any level;

(b) The treating dentist and the anesthesia provider are both responsible for the adverse incident reporting under Rule 64B5-14.006, F.A.C.

(2)Conscious and Pediatric Conscious Sedation Permit Holder’s Office:

A general anesthesia permit holder may perform sedation services for a dental patient of another dentist who holds a conscious sedation permit or a pediatric conscious sedation permit at the office of the treating dentist.  In this setting, the following shall apply:

(a) The dental treatment may only be performed by the conscious sedation or pediatric conscious sedation permit holder;

(b) The general anesthesia permit holder may perform general anesthesia services once an additional board-inspection establishes that the office complies with the facility, equipment and supply requirements of Rule 64B5-14.008, F.A.C.;

(c) The treating dentist and the anesthesia provider are both responsible for the adverse incident reporting requirements under Rule 64B5-14.008, F.A.C.

(3) Equipment:

When the general anesthesia permit holder performs the anesthesia services in a dental office of a conscious or pediatric conscious sedation permit holder office, the electrocardiograph and end tidal carbon dioxide monitor equipment mandates may be met as follows:

(a) The general anesthesia permit holder provides the equipment which has already been inspected during the general anesthesia permit holders required inspection;

(b) The equipment is available for inspection during the office’s mandated inspection; and

(c) The equipment is immediately available for an adverse incident report inspection.

(4) Staff or Personnel:

An anesthesia provider and the treating dentist are both responsible for ensuring that a minimum number of three (3) personnel are present during the procedure. The personnel must meet the minimum credentialing requirements of Rule 64B5-14.003, F.A.C.

(5)Records: The treating dentist shall maintain a complete copy of the anesthesia records in the patient’s dental chart. The dentist performing the anesthesia must maintain the original anesthesia records.  The treating dentist must identify by name and license number all personnel utilized during the procedure. 

Rulemaking Authority 466.004(4), 466.017 FS. Law Implemented 466.017 FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Anesthesia Committee
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Dentistry
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 16, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 19, 2012