SECTIONS 1647.18-1647.26 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 1647.18-1647.26

1647.18. As used in this article, the following terms have the
following meanings:
(a) "Adult patient" means a dental patient 13 years of age or
older.
(b) "Certification" means the issuance of a certificate to a
dentist licensed by the board who provides the board with his or her
name and the location at which the administration of oral conscious
sedation will occur, and fulfills the requirements specified in
Sections 1647.12 and 1647.13.
(c) "Oral conscious sedation" means a minimally depressed level of
consciousness produced by oral medication that retains the patient's
ability to maintain independently and continuously an airway, and
respond appropriately to physical stimulation or verbal command.
"Oral conscious sedation" does not include dosages less than or equal
to the single maximum recommended dose that can be prescribed for
home use.
(1) The drugs and techniques used in oral conscious sedation shall
have a margin of safety wide enough to render unintended loss of
consciousness unlikely. Further, patients whose only response is
reflex withdrawal from painful stimuli would not be considered to be
in a state of oral conscious sedation.
(2) For the handicapped individual, incapable of the usually
expected verbal response, a minimally depressed level of
consciousness for that individual should be maintained.

1647.19. (a) Notwithstanding subdivision (a) of Section 1647.2, a
dentist may not administer oral conscious sedation on an outpatient
basis to an adult patient unless the dentist possesses a current
license in good standing to practice dentistry in California, and one
of the following conditions is met:
(1) The dentist holds a valid general anesthesia permit, holds a
conscious sedation permit, has been certified by the board, pursuant
to Section 1647.20, to administer oral sedation to adult patients, or
has been certified by the board, pursuant to Section 1647.12, to
administer oral conscious sedation to minor patients.
(2) The dentist possesses a current permit issued under Section
1638 or 1640 and either holds a valid general anesthesia permit, or
conscious sedation permit, or possesses a certificate as a provider
of oral conscious sedation to adult patients in compliance with, and
pursuant to, this article.
(b) Certification as a provider of oral conscious sedation to
adult patients expires at the same time the license or permit of the
dentist expires unless renewed at the same time the dentist's license
or permit is renewed after its issuance, unless certification is
renewed as provided in this article.
(c) This article shall not apply to the administration of local
anesthesia or a mixture of nitrous oxide and oxygen, or to the
administration, dispensing, or prescription of postoperative
medications.

1647.20. A dentist who desires to administer, or order the
administration of, oral conscious sedation for adult patients, who
does not hold a general anesthesia permit, as provided in Sections
1646.1 and 1646.2, does not hold a conscious sedation permit, as
provided in Sections 1647.2 and 1647.3, and has not been certified by
the board, pursuant to Section 1647.12, to administer oral conscious
sedation to minor patients, shall register his or her name with the
board on a registration form prescribed by the board. The dentist
shall submit the registration fee and evidence showing that he or she
satisfies any of the following requirements:
(a) Satisfactory completion of a postgraduate program in oral and
maxillofacial surgery approved by either the Commission on Dental
Accreditation or a comparable organization approved by the board.
(b) Satisfactory completion of a periodontics or general practice
residency or other advanced education in a general dentistry program
approved by the board.
(c) Satisfactory completion of a board-approved educational
program on oral medications and sedation.
(d) For an applicant who has been using oral conscious sedation in
connection with the treatment of adult patients, submission of
documentation as required by the board of 10 cases of oral conscious
sedation satisfactorily performed by the applicant on adult patients
in any three-year period ending no later than December 31, 2005.

1647.21. A certificate holder shall be required to complete a
minimum of seven hours of approved courses of study related to oral
conscious sedation of adult patients as a condition of certification
renewal as an oral conscious sedation provider. Those courses of
study shall be accredited toward any continuing education required by
the board pursuant to Section 1645.

1647.22. (a) A physical evaluation and medical history shall be
taken before the administration of oral conscious sedation to an
adult. Any dentist who administers, or orders the administration of,
oral conscious sedation to an adult shall maintain records of the
physical evaluation, medical history, and oral conscious sedation
procedures used as required by the board regulations.
(b) A dentist who administers, or who orders the administration
of, oral conscious sedation for an adult patient shall be physically
present in the treatment facility while the patient is sedated, and
shall be present until discharge of the patient from the facility.
(c) The drugs and techniques used in oral conscious sedation to
adults shall have a margin of safety wide enough to render unintended
loss of consciousness unlikely.

1647.23. The fee for an application for initial certification or
renewal under this article shall not exceed the amount necessary to
cover administration and enforcement costs incurred by the board in
carrying out this article. The listed fee may be prorated based upon
the date of the renewal of the dentist's license or permit.

1647.24. Any office in which oral conscious sedation of adult
patients is conducted pursuant to this article shall, unless
otherwise provided by law, meet the facilities and equipment
standards set forth by the board in regulation.

1647.25. A violation of any provision of this article constitutes
unprofessional conduct and is grounds for the revocation or
suspension of the dentist's permit, certificate, license, or all
three, or the dentist may be reprimanded or placed on probation. The
proceedings under this section shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part I of Division 3 of
Title 2 of the Government Code, and the board shall have all the
powers granted therein.

1647.26. The sum of forty-seven thousand dollars ($47,000) is
hereby appropriated for the 2005-06 fiscal year from the State
Dentistry Fund to the Department of Consumer Affairs for the purpose
of processing applications for adult conscious sedation certificates
pursuant to this article.