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Notice of Proposed Changes Relating to Administration of Deep Sedation, General Anesthesia, Moderate Sedation, Minimal Sedation, and Local Anesthetic Agents and Nitrous Oxide Sedation in the Regulations of the Board of Dental Examiners

Brief Description: The Board of Dental Examiners proposes to update various regulations including the permit requirements, and practice, personnel, and facility standards for the administration of deep sedation, general anesthesia, moderate sedation, and minimal sedation for a patient younger than 13 years of age by a dentist, suspension or revocation of permit, mandatory reporting, on-site inspections, certification requirements for administration of local anesthetic agents and nitrous oxide sedation by dental hygienists, requirements for course of instruction for administering nitrous oxide, expiration of certification, registry, and definitions.

The Board of Dental Examiners (Board) proposes to adopt regulation changes in Title 12, Chapter 28 of the Alaska Administrative Code including the following:

  1. 12 AAC 28.010, Permit requirements for use of deep sedation or general anesthesia, is proposed to be changed to alter the requirements for a permit to administer deep sedation or general anesthesia by a dentist.

  2. 12 AAC 28.015, Permit requirements for use of moderate sedation, and for use of minimal sedation for a patient younger than 13 years of age, is a proposed new section that establishes requirements for a permit to administer moderate sedation to a patient, or minimal sedation to a patient younger than 13 years of age by a dentist.

  3. 12 AAC 28.030, Other than permit holders, is proposed to be changed to alter the provisions related to persons, other than a dentist holding a valid permit, who may administer deep sedation, general anesthesia, or moderate sedation.

  4. 12 AAC 28.040, Informed written consent, is proposed to be changed to amend the requirements for informed consent before administering deep sedation, general anesthesia, or moderate sedation to a patient, and before administering minimal sedation to a patient younger than 13 years of age by a dentist.

  5. 12 AAC 28.050, Medical history, is proposed to be changed to amend the requirements for collecting a medical history before administering deep sedation, general anesthesia, or moderate sedation to a patient, and before administering minimal sedation to a patient younger than 13 years of age by a dentist.

  6. 12 AAC 28.060, Requirements for administering deep sedation, general anesthesia, moderate sedation, or minimal sedation for a patient younger than 13 years of age, is proposed to be changed to establish standards and amend the personnel and facility requirements that must be met in order to administer deep sedation, general anesthesia, and moderate sedation, or minimal sedation to patients younger than 13 years of age that the Board adopts by reference.

  7. 12 AAC 28.061, Additional requirements for administering deep sedation or general anesthesia, is a proposed new section that establishes additional requirements for administering deep sedation or general anesthesia to a dental patient.

  8. 12 AAC 28.062, Additional requirements for administering moderate sedation, or minimal sedation for a patient younger than 13 years of age, is a proposed new section that establishes additional requirements for administering moderate sedation or minimal sedation to a patient younger than 13 years of age.

  9. 12 AAC 28.065, Exceptions to permit requirements under 12 AAC 28.010 – 12 AAC 28.080, is a proposed new section that establishes exceptions to the requirement to obtain a permit to administer deep sedation, general anesthesia, moderate sedation, and minimal sedation to a patient younger than 13 years of age.

  10. 12 AAC 28.068, Inspections, is a proposed new section that establishes requirements for an on-site inspection of the dentist’s facility where deep sedation, general anesthesia, or moderate sedation is administered.

  11. 12 AAC 28.070, Suspension or revocation of permit, is proposed to be changed to alter the provisions related to suspension or revocation of a permit to administer deep sedation, general anesthesia, moderate sedation, or minimal sedation by a dentist.

  12. 12 AAC 28.080, Mandatory reporting, is proposed to be changed to amend the requirements for filing a patient incident report by a dentist.

  13. 12 AAC 28.325, Application for certification to administer nitrous oxide sedation, is a proposed new section that establishes requirements for certification to administer nitrous oxide by a dental hygienist.

  14. 12 AAC 28.330, Approval of course of instruction, is proposed to be amended to include requirements for approval of a course of instruction for administering nitrous oxide.

  15. 12 AAC 28.345, Requirements for course of instruction for administering nitrous oxide, is a proposed new section that establishes requirements for a course of instruction for administering nitrous oxide.  

  16. 12 AAC 28.350, Expiration of certification, is proposed to be changed to amend the provisions related to initial notice and active status of a certification to administer local anesthetic agents or nitrous oxide sedation by a dental hygienist.

  17. 12 AAC 28.360, Registry, is proposed to be changed to include dental hygienists certified to administer nitrous oxide in the registry that the board maintains.

  18. 12 AAC 28.600, Administration of parenteral sedation, is proposed to be repealed. The intended effect of this repeal is to conform to the proposed changes in section 12 AAC 28.015.

  19. 12 AAC 28.610, Parenteral sedation permit, is proposed to be repealed. The intended effect of this repeal is to conform to the proposed changes in section 12 AAC 28.015.

  20. 12 AAC 28.620, Education, training, and certification requirements, is proposed to be repealed.  The intended effect of this repeal is to conform to the proposed changes in section 12 AAC 28.015.

  21. 12 AAC 28.630, Equipment, facilities, and staff standards, is proposed to be repealed. The intended effect of this repeal is to conform to the proposed changes in section 12 AAC 28.060, and 12 AAC 28.062.

  22. 12 AAC 28.640, Mandatory reporting, is proposed to be repealed. The intended effect of this repeal is to conform to the proposed changes in section 12 AAC 28.080.

  23. 12 AAC 28.720, Administration of nitrous oxide, is proposed to be repealed. The intended effect of this repeal is to conform to the proposed changes in sections 12 AAC 28.325 – 12 AAC 28.360.

  24. 12 AAC 28.990, Definitions, is proposed to be changed to amend, and further define terms used in AS 08.32, AS 08.36, and 12 AAC 28.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806.  Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov.  Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/186215, and using the comment link.  The comments must be received not later than 5:00 p.m. on July 20, 2017.  Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806 or by e-mail at jun.maiquis@alaska.govThe questions must be received at least 10 days before the end of the public comment period.  The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofDentalExaminers.aspx.  The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 or jun.maiquis@alaska.gov not later than July 13, 2017 to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Jun Maiquis at (907) 465-2537 or jun.maiquis@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/DEN-0217.pdf

A copy of the material proposed for adoption by reference may be viewed at the Board’s office at the Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing, State Office Building, 333 W. Willoughby Avenue, 9th Floor, Juneau, AK.

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action.  The language of the final regulations may be different from that of the proposed regulations.  You should comment during the time allowed if your interests could be affected.  Written comments and questions received are public records and are subject to public inspection.

Statutory Authority: AS 08.01.065; AS 08.01.075; AS 08.01.087; AS 08.32.085; AS 08.32.110; AS 08.36.070; AS 08.36.100; AS 08.36.110; AS 08.36.234; AS 08.36.250; AS 08.36.315; AS 08.36.320; AS 08.36.342; AS 08.36.344; AS 08.36.346; AS 08.36.360
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.065; AS 08.01.075; AS 08.01.087; AS 08.32.085; AS 08.32.110; AS 08.36.070; AS 08.36.100; AS 08.36.110; AS 08.36.234; AS 08.36.250; AS 08.36.315; AS 08.36.320; AS 08.36.342; AS 08.36.344; AS 08.36.346; AS 08.36.360

Fiscal Information:  The proposed regulation changes are not expected to require an increased appropriation.

DATE: 6/15/17
Jun Maiquis, Regulations Specialist                                                                                                          Division of Corporations, Business and Professional Licensing

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation.  The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code.  If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1.   Adopting agency:  Board of Dental Examiners – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2.   General subject of regulation:  Permit requirements for use of deep sedation or general anesthesia, permit requirements for use of moderate sedation, and for use of minimal sedation for a patient younger than 13 years of age, other than permit holders, informed written consent, medical history, requirements for administering deep sedation, general anesthesia, moderate sedation, or minimal sedation for a patient younger than 13 years of age, additional requirements for administering deep sedation or general anesthesia, additional requirements for administering moderate sedation, or minimal sedation for a patient younger than 13 years of age, exceptions to permit requirements under 12 AAC 28.010 – 12 AAC 28.080, inspections, suspension or revocation of permit, mandatory reporting, application for certification to administer nitrous oxide sedation, approval of course of instruction, requirements for course of instruction for administering nitrous oxide, expiration of certification, registry, administration of parenteral sedation, parenteral sedation permit, education, training, certification requirements, equipment, facilities, staff standards, and definitions.

3.   Citation of regulation:  12 AAC 28.010 through 12 AAC 28.990.

4.   Department of Law file number:  To be assigned.

5.   Reason for the proposed action:  Update and clarification of current regulations, compliance with state statutes.

6.   Appropriation/Allocation:  Corporations, Business and Professional Licensing – #2360.

7.   Estimated annual cost to comply with the proposed action to:
     
A private person:  $100 application, $100 permit, and $100 permit renewal fees for nitrous oxide for dental hygienists; for permits to administer deep sedation, general anesthesia, moderate sedation, or minimal sedation to a patient younger than 13, the cost of 12  specific continuing education courses, additional equipment, drugs, and qualified personnel as described in the regulations. 
      Another state agency:  None known.
      A municipality:  None known.

8.   Cost of implementation to the state agency and available funding (in thousands of dollars):
      No costs are expected in FY 2017 or in subsequent years.

9.   The name of the contact person for the regulation:
      Jedediah Smith, Licensing Examiner
      Board of Dental Examiners
      Division of Corporations, Business and Professional Licensing
      Telephone: (907) 465-2542
      E-mail: jedediah.smith2@alaska.gov

10.
   The origin of the proposed action:  Board of Dental Examiners.

11.   Date: 6/15/17
        Prepared by: Jun Maiquis
                             Regulations Specialist


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Attachments, History, Details

Revision History

Created 6/15/2017 2:38:48 PM by jcmaiquis
Modified 6/15/2017 2:41:24 PM by jcmaiquis
Modified 6/16/2017 2:04:48 PM by jcmaiquis
Modified 6/16/2017 2:08:28 PM by jcmaiquis
Modified 6/16/2017 4:10:23 PM by jcmaiquis

Details

Department: Commerce, Community and Economic Development
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #:
 
Publish Date: 6/15/2017
Archive Date: 7/21/2017
 
Events/Deadlines:
  • Comments Deadline
    7/20/2017 5:00pm