The board proposes to create a new rule to address the treatment of sedated patients by dentists without an anesthesia permit.

 

DEPARTMENT OF HEALTH
Board of Dentistry

RULE NO.:RULE TITLE:
64B5-14.0036Treatment of Sedated Patients by Dentists Without an Anesthesia Permit
PURPOSE AND EFFECT: The board proposes to create a new rule to address the treatment of sedated patients by dentists without an anesthesia permit.
SUMMARY: The proposed rule sets forth the criteria for treatment of sedated patients by dentists without an anesthesia permit.
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:

64B5-14.0036 Treatment of Sedated Patients by Dentists Without an Anesthesia Permit.

The provisions of this rule control the treatment of patients where an anesthesia permitted dentist sedates the dental patient in his or her board-inspected and board-registered dental office and a Florida licensed dentist without an anesthesia permit performs the dental treatment.  This rule shall control notwithstanding any rule provision in this Chapter to the contrary, which prohibits such conduct.

              (1) The permitted dentist shall perform the sedation in his or her out-patient dental office where the permitted dentist is registered to perform the anesthesia services;

              (2) The permitted dentist shall remain with the patient from the onset of the performance of the anesthesia until discharge of the patient;

              (3) The permitted dentist shall have no other patient induced with anesthesia or begin the performance of any other anesthesia services until the patient is discharged;

              (4) The treating dentist shall have taken a minimum of four hours of continuing education in airway management prior to treating any sedated patient.  After the initial airway management course, the treating dentist shall continue to repeat a minimum of four hours in airway management every four years.  The continuing education courses taken shall be credited toward the mandatory thirty hours of continuing education required for licensure renewal.

Rulemaking Authority 466.004, 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