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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
Senate: COM DP 4-3-0-0 | 3rd Read 16-12-2-0
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SB 1602: dental anesthesia; requirements
Sponsor: Senator Shamp, LD 29
Caucus & COW
Overview
Permits qualified anesthesia providers to administer general anesthesia and sedation in dental offices and clinics. Requires the Arizona State Board of Dental Examiners (Board) Anesthesia and Sedation Committee (Committee) to submit final recommendations to the Board to improve the general anesthesia and sedation permit requirements.
History
The Board regulates and licenses dental professionals, including dentists, dental hygienists, dental consultants, dental therapists and denturists. Additionally, the Board reviews complaints against licensees and business entities, conducts investigations and is authorized to take disciplinary action for violations of state laws relating to the profession (A.R.S. §§ 32-1201 through 32-1299.26).
The Board is tasked with establishing criteria for the issuance and renewal of general anesthesia and sedation permits. Additionally, the Board must establish and collect a fee of not more than $300 to cover administrative costs connected with issuing the permit and conduct inspections to ensure compliance (A.R.S. § 32-1207).
Provisions
Qualified Anesthesia Provider Requirements
1. Allows a licensee who has obtained a permit for applying general anesthesia or sedation to perform dental procedures on a patient who receives anesthesia or sedation administered by a qualified anesthesia provider who is exclusively responsible for the preoperative, intraoperative and postoperative anesthetic management of the patient. (Sec. 2)
2. Instructs a dental office or clinic that administers general anesthesia or sedation to:
a) contain properly operating equipment and supplies as prescribed by the Board in rule; and
b) have proper emergency response protocols, including advanced cardiac life support and airway management. (Sec. 3)
3. Directs a qualified anesthesia provider to confirm that the dentist who owns the dental office or clinic where general anesthesia or sedation is being administered holds the required permit issued by the Board. (Sec. 3)
4. Directs a dental office or clinic that uses a qualified anesthesia provider to confirm that the qualified anesthesia provider holds a:
a) valid, current license in good standing with no restrictions; and
b) permit or is registered to administer general anesthesia or sedation in that setting. (Sec. 3)
5. Deems that a licensed qualified anesthesia provider who fails to comply with the general anesthesia and sedation permit requirements commits an act that constitutes a danger to the health, welfare and safety of the public. (Sec. 3)
Duty to Report
6. Specifies that if a qualified anesthesia provider who is not licensed by the Board fails to comply with the general anesthesia and sedation permit requirements, the Board must promptly report the providers conduct to the regulatory board that licenses them. (Sec. 3)
7. States that if an adverse anesthesia outcome involves a qualified anesthesia provider who is not licensed by the Board, the Board must promptly report the adverse anesthesia outcome to the regulatory board that licenses the provider. (Sec. 3)
8. Directs a treating dentist, within three business days, to submit a complete incident report to the Board if a death or incident requiring emergency medical response occurs in a dental office or clinic during the administration of or recovery from general anesthesia or sedation by a qualified anesthesia provider. (Sec. 3)
9. Specifies that if the incident involves a qualified anesthesia provider who is not licensed by the Board, the Board must immediately forward a copy of the incident report to the regulatory Board that licenses the provider. (Sec. 3)
10. Permits the Arizona Medical Board and Arizona State Board of Osteopathic Examiners in Medicine and Surgery to issue registrations to administer general anesthesia and sedation in dental offices and clinics to physicians who have completed residency training in anesthesiology. (Sec. 4, 8)
11. Permits the Arizona State Board of Nursing to issue registrations to administer general anesthesia and sedation in dental offices and clinics to certified registered nurse anesthetists who have national board certification in anesthesiology. (Sec. 6)
12. Instructs a licensed physician or certified registered nurse anesthetists, if a death or an incident requiring emergency medical response occurs in a dental office or clinic during the administration of or recovery from general anesthesia or sedation, to report the death or incident to their regulatory board within three business days after the occurrence. (Sec. 5, 7, 9)
13. Permits any other person, if a death or an incident requiring emergency medical response occurs in a dental office or clinic during the administration of or recovery from general anesthesia or sedation, to report within three business days, the death or incident to the provider's applicable regulatory board. (Sec. 5,7 and 9)
Anesthesia and Sedation Committee
14. Directs the Committee, by September 1, 2023, to submit to the Board its final recommendations to improve the general anesthesia and sedation permit requirements as provided in the Board's existing administrative rules for the purpose of increasing patient safety when general anesthesia or sedation is being administered by a provider within a dental practice or a similar setting that is under the Board's jurisdiction. (Sec. 10)
15. Specifies that the Committee's final recommendations must:
a) ensure that at least two people are properly trained in advanced cardiac life support and airway management and pediatric advanced life support as applicable, in any dental office or clinic at which general anesthesia or sedation is administered; and
b) include a methodology to expedite the review and response to deaths and incidents requiring emergency medical response during the administration of or recovery from general anesthesia or sedation. (Sec. 10)
16. Directs the Board, within 60 days after receipt of the Committee's final recommendations, to approve, modify or reject the recommendations. (Sec. 10)
17. Exempts the Board from rulemaking requirements for one year for the purposes of addressing the general anesthesia and sedation permit requirements. (Sec. 10)
18. Repeals the requirements for the Committee's final recommendations on January 1, 2025. (Sec. 10)
Miscellaneous
19.
Defines the term Qualified anesthesia
provider. (Sec. 1)
20. Makes technical and conforming changes. (Sec. 1, 2, 4, 6, 7 and 8).
Amendments
Committee on Health & Human Services
1. Deletes the provision that allows a dental licensee that has obtained a permit for applying general anesthesia or sedation to perform dental procedures on a patient who receives anesthesia or sedation administered by a qualified anesthesia provider who is exclusively responsible for the preoperative, intraoperative and postoperative anesthetic management of the patient.
2. Removes the requirement that a qualified anesthesia provider confirm that the dentist who owns the dental office or clinic where general anesthesia or sedation is being administered holds the required permit issued by the Board and that a dental office or clinic that uses a qualified anesthesia provider must confirm that they meet certain criteria in order to administer general anesthesia or sedation in that setting.
3. Removes the criteria that the Anesthesia and Sedation Committee must include in their final recommendations and instead requires them to consider ways to create equitable access for all qualified anesthesia providers and improve access to dental anesthesia services for patients.
4. Makes conforming changes.
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8. SB 1602
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