§ 20-123b — Permit for use of anesthesia required. Exception. Regulations.

Connecticut § 20-123b

• Jurisdiction: Connecticut
• Title 20: Professional and Occupational Licensing, Certification, Title Protection and Registration. Examining Boards
• Ch. 379: Dentistry

Text

(a) On and after the effective date of the regulations adopted in accordance with subsection (e) of this section, no dentist licensed under this chapter shall use moderate sedation, deep sedation or general anesthesia, as these terms are defined in section 20-123a, on any patient unless such dentist has a permit, currently in effect, issued by the commissioner, initially for a period of twelve months and renewable annually thereafter, authorizing the use of such moderate sedation, deep sedation or general anesthesia. A dentist may use minimal sedation, as defined in section 20-123a, without obtaining a permit issued by the commissioner. (b) No applicant shall be issued an initial permit or reinstatement of a lapsed permit as required in subsection (a) of this section unless (1) the commissioner approves the results of an on-site evaluation of the applicant's facility conducted in consultation with the Connecticut Society of Oral and Maxillo-Facial Surgeons by an individual or individuals selected from a list of site evaluators approved by the commissioner, provided such evaluation is conducted without cost to the state, (2) the commissioner is satisfied that the applicant is in compliance with guidelines in the American Dental Association Guidelines for Teaching and the Comprehensive Control of Pain and Anxiety in Dentistry or successor guidelines, and (3) such initial application includes payment of a fee in the amount of two hundred dollars. An applicant who has obtained an initial permit or reinstatement of a lapsed permit as required by subsection (a) of this section may administer moderate sedation or general anesthesia at an additional facility, provided such facility has had an approved on-site evaluation conducted in consultation with the Connecticut Society of Oral and Maxillo-Facial Surgeons by an individual or individuals selected from a list of site evaluators approved by the commissioner and such evaluation is conducted without cost to the state. The commissioner may waive the on-site evaluation of any additional facility, provided such facility has been evaluated in accordance with subdivision (1) of this subsection in the preceding five years. Any dentist requesting a waiver shall apply in writing to the commissioner in a form and manner prescribed by the commissioner. The commissioner may impose any conditions deemed appropriate on the granting of a waiver or revoke any waiver if the commissioner finds that the health, safety or welfare of any patient has been jeopardized. (c) The commissioner may renew such permit annually, provided (1) application for renewal is received by the commissioner not later than three months after the date of expiration of such permit, (2) payment of a renewal fee of two hundred dollars is received with such application, and (3) an on-site evaluation of the dentist's facility has been conducted in the preceding five years in consultation with The Connecticut Society of Oral and Maxillo-Facial Surgeons by an individual or individuals selected from a list of site evaluators approved by the commissioner, provided such evaluation is conducted without cost to the state on a schedule established in regulations adopted pursuant to this section and the commissioner approves the results of each such evaluation. (d) The commissioner, in consultation with the Anesthesia Committee of the Connecticut Society of Oral and Maxillo-Facial Surgeons, shall post a list of office equipment, personnel and emergency medications that are required to be maintained at a facility that administers moderate sedation, deep sedation or general anesthesia on the department's Internet web site and distribute such list to each permitted dentist in the state. A dentist who has obtained a permit pursuant to the provisions of this section shall maintain such equipment, personnel and emergency medications at each such facility. (e) The commissioner, with the advice and assistance of the State Dental Commission, shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section. (f) The commissioner or the State Dental Commission may deny or revoke a permit based on disciplinary action taken against a dentist pursuant to the provisions of section 20-114 .

Legislative History

(P.A. 85-251, S. 2; P.A. 86-403, S. 40, 132; P.A. 92-23, S. 1; May Sp. Sess. P.A. 92-6, S. 23, 117; June Sp. Sess. P.A. 09-3, S. 202; P.A. 15-163, S. 2; P.A. 16-66, S. 9; P.A. 24-68, S. 8.) History: P.A. 86-403 made technical changes to Subsec. (b); P.A. 92-23 amended Subsecs. (b) and (c) to allow on-site evaluations to be conducted by an individual or individuals selected from a list of site evaluators approved by the commissioner on a schedule established in regulations instead of every five years; May Sp. Sess. P.A. 92-6 raised renewal fee from $50 to $160; June Sp. Sess. P.A. 09-3 amended Subsecs. (b) and (c) to increase fees from $160 to $200 and made a technical change in Subsec. (b); P.A. 15-163 amended Subsec. (a) by replacing references to conscious sedation with references to moderate sedation and deep sedation and adding provision re use of minimal sedation; P.A. 16-66 added Subsec. (e) re denial or revocation of permit based on disciplinary action; P.A. 24-68 amended Subsec. (a) by replacing “subsection (d)” with “subsection (e)”, amended Subsec. (b) by replacing “a permit initially” with “an initial permit or reinstatement of a lapsed permit”, adding “or successor guidelines” in Subdiv. (2) and adding provisions re administration of moderate sedation or general anesthesia at additional facilities and waivers of on-site evaluations of additional facilities, amended Subsec. (c)(3) by replacing “is conducted” with “has been conducted” and adding “in the preceding five years”, added new Subsec. (d) re posting of list of office equipment, personnel and emergency medications, redesignated existing Subsecs. (d) and (e) as Subsecs. (e) and (f), and amended Subsec. (f) by adding “or the State Dental Commission”.