§ 34-9-60 — Use of Local Anesthesia; Permit to Use General Anesthesia

Any individual licensed or permitted to practice dentistry in the State of Alabama shall be authorized to use anesthesia in accordance with all of the following:
(1) All dentists are authorized to use local anesthesia.
(2) Twelve months after May 29, 1985, no dentist shall use general anesthesia on an outpatient basis for dental patients, unless the dentist possesses a permit of authorization issued by the board.
a. In order to receive the permit, the dentist must apply on a prescribed application form to the board, submit an application fee, and produce evidence showing that he or she meets all of the following requirements:
1. Has completed a minimum of one year of advanced training in anesthesiology and related academic subjects, or its equivalent, beyond the undergraduate dental school level in a training program as described in Part II of the guidelines for teaching the comprehensive control of pain and anxiety in dentistry; or
2. Is a diplomate of the American Board of Oral and Maxillofacial Surgery, or is eligible for examination by the American Board of Oral and Maxillofacial Surgery, or is a member of the American Association of Oral and Maxillofacial Surgeons; or
3. Employs or works in conjunction with a licensed physician who is a member of the anesthesiology staff in an accredited hospital, provided the anesthesiologist must remain on the premises of the dental facility until any patient given a general anesthetic regains consciousness and is discharged; and
4. Has a properly equipped facility for the administration of general anesthesia staffed with a supervised team of auxiliary personnel capable of reasonably assisting the dentist with procedures, problems, and emergencies incident thereto. Adequacy of the facility and competence of the anesthesia team shall be determined by the board as outlined in paragraph b.
5. Has successfully competed training in Advanced Cardiovascular Life Support (ACLS), and his or her auxiliary personnel have successfully completed training in Basic Life Support (BLS).
b. Prior to the issuance of the permit, the board, at its discretion, may require an on-site inspection of the facility, equipment, and personnel to determine if the requirements in paragraph a. have been met. This evaluation shall be carried out in a manner prescribed by the board. The evaluation shall be conducted by a team of three examiners appointed by the board. The team of examiners shall consist of at least one licensed dentist who holds a general anesthesia permit and at least two other persons as prescribed by the board pursuant to its rules. If the results of the initial evaluation are deemed unsatisfactory, the applicant may reapply for a permit subject to the correction of the deficiencies outlined in the original evaluation.
(3) Each dentist who is licensed to practice dentistry in the state on May 29, 1985, who desires to continue to use general anesthesia shall make application on the prescribed form to the board within 12 months of May 29, 1985. If he or she meets the requirements of this section, he or she shall be issued such a permit. If the applicant does not meet the requirements of paragraph (2)a., he or she may be entitled to a “general anesthesia permit” provided the applicant passes to the satisfaction of the board an on-site inspection as provided for in paragraph (2)b.

Legislative History

(Acts 1985, No. 85-697, p. 1120, §2; Acts 1988, 1st Ex. Sess., No. 88-854, p. 327, §1; Act 2009-18, p. 43, §5; Act 2011-571, p. 1165, §1; Act 2023-362, §1.)