64B5-14.0032: Use of Physician Anesthesiologist
PURPOSE AND EFFECT: The Board proposes this rule amendment to relocate the provision on dentists treating patients who have been administered anesthesia by a physician anesthesiologist in the dental outpatient facility.
SUMMARY: The Board proposes this rule amendment to relocate the provision on dentists treating patients who have been administered anesthesia by a physician anesthesiologist in the dental outpatient facility.
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(4), 466.017(3) FS.
LAW IMPLEMENTED: 466.017(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
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:
64B5-14.0032 Use of Physician Anesthesiologist.
(1) General Anesthesia Permit Holders: Pursuant to this rule section and notwithstanding any other rule provisions to the contrary, a dentist who has an active general anesthesia permit, may treat any dental patients in their respective outpatient dental office when the patient has been administered any level of sedation by a physician anesthesiologist. All of the following conditions shall be met:
(a) The physician anesthesiologist is present and is responsible for and performs the administration of anesthetics;
(b) All other requirements relating to staff training, credentials, and use thereof and facility, equipment and supply requirements, mandated by this Chapter for the administration of general anesthesia shall be strictly enforced, regardless of whether the physician anesthesiologists provide or utilize their own mobile equipment or medical supplies.
(2) Pediatric Conscious Sedation Permit Holders: Pursuant to this rule section and notwithstanding any other rule provisions to the contrary, a pediatric dentist, as recognized by the American Dental Association, who has an active pediatric conscious sedation permit may perform dental treatment on pediatric patients in their respective outpatient dental office under any level of sedation when the anesthesia is performed and administered by a physician anesthesiologist. All of the following conditions shall be met:
(a) A physician anesthesiologist is present and is responsible for and performs the administration of the anesthetics;
(b) The treating pediatric dentist complies with the requirements for maintaining the appropriate facility, equipment and supplies to the level of that which is required for the administration of general anesthesia as enumerated in this Chapter. This mandate is required regardless of whether or not a physician anesthesiologist provides or utilizes their own mobile equipment or medical supplies;
(c) Prior to utilizing the physician anesthesiologist, the treating pediatric dentist’s office shall be inspected by a board approved inspector and found to be in full compliance with the facility, equipment, and supply requirements that are equal to or greater than that which is required for the administration of general anesthesia as enumerated in this Chapter;
(d) The treating pediatric dentist must make certain that the required number of staff is present to the level that is required by this chapter for administration of general anesthesia, and that any dental assistants or dental hygienists utilized meet the training and certification requirements for assisting in the administration of general anesthesia as enumerated in this Chapter;
(e) The level of sedation administered shall be any level recognized in this Chapter that is necessary for the pediatric dentist to safety, effectively, and competently perform the necessary dental procedures particular to the respective pediatric patient.
(3) Conscious Sedation Permit Holders: At this time, conscious sedation permit holders may not treat dental patients in their respective outpatient dental office when the anesthesia has been administered by a physician anesthesiologist.
(4) Non-Permit Holders: All provisions of this Chapter relating to the administration of any type of anesthesia or sedation and treatment to sedated patients shall remain in full force and effect. Nothing in this section shall be construed so as to supersede, alter, or vary any prohibitions and mandates applicable to non-sedation permit holding dentists.
Rulemaking Authority 466.004(4), 466.017(3) FS. Law Implemented 466.017(3) FS. History–New________.