Md. Code Regs. 10.44.12.31

Current through Register Vol. 51, No. 24, December 2, 2024

Section 10.44.12.31 - Administration by Physicians or Dentists at the Site of a Treating Dentist

A. A treating dentist who wishes to allow a physician or another dentist to administer anesthesia and sedation to a patient at a specific practice location shall receive a certificate from the Board before allowing a physician or another dentist to administer anesthesia and sedation at that location.

B. To apply for a certificate to allow a physician or another dentist to administer anesthesia and sedation:

(1) A treating dentist shall:

(a) Apply to the Board on a form approved by the Board;

(b) Possess either a Class I, Class II, or Class III permit;

(c) Provide an affidavit to the Board indicating whether the applicant has ever treated a patient under deep sedation or general anesthesia with an incident;

(d) Submit any other pertinent documents or information requested by the Board; and

(e) Pay a nonrefundable fee to the Board as set forth in COMAR 10.44.20; or

(2) A treating dentist shall:

(a) Apply to the Board on a form approved by the Board;

(b) Provide documentation to the Board that the treating dentist has completed a Board-approved training program where the treating dentist received competent training in treating patients under:

(i) Moderate enteral sedation and airway management;

(ii) Moderate parenteral sedation and airway management;

(iii) Deep sedation and airway management; or

(iv) General anesthesia and airway management;

(c) Provide an affidavit to the Board indicating whether the applicant has ever treated a patient under deep sedation or general anesthesia with an incident;

(d) Submit any other pertinent documents or information requested by the Board; and

(e) Pay a nonrefundable fee to the Board as set forth in COMAR 10.44.20.

C. An affidavit provided to the Board under §B(1)(c) or (2)(c) of this regulation, which indicates that the applicant has treated a patient under deep sedation or general anesthesia with an incident, shall include the information contained in Regulation .08G of this chapter.

D. In addition to the requirements contained in §§A-C of this regulation, a treating dentist who applies for a certificate to allow a physician or another dentist to administer anesthesia and sedation to a patient shall:

(1) Maintain either a Class I, Class II, or Class III permit for the administration site; and

(2) Maintain facility equipment in the facility consistent with a Class III permit as outlined in Regulation .11A of this chapter.

E. The Board may issue a certificate to a dentist to allow a physician or another dentist to administer anesthesia and sedation after the Board's review of:

(1) The applicant's application and accompanying affidavit;

(2) The applicant's qualifications;

(3) The applicant's patient records; and

(4) Any other pertinent documents or information including, but not limited to, patient complaints which may affect the applicant's ability to safely and effectively treat patients under anesthesia and sedation.

F. A certificate issued to a treating dentist to allow a physician or another dentist to administer anesthesia and sedation at a specific location shall expire on April 1 of the 5th year following the effective date of the certificate.

G. A dentist who administers anesthesia or sedation pursuant to §A of this regulation shall maintain the appropriate permit for the administration site.

H. A dentist who holds a certificate to allow a physician or another dentist to administer anesthesia or sedation shall be present in the operatory during the administration of the anesthesia or sedation.

I. Renewal. The Board shall mail a renewal application to each treating dentist who has received a certificate from the Board to allow a physician or another dentist to administer anesthesia and sedation at least 180 days before the expiration of the certificate.

J. Before the certificate expires, an applicant may apply to renew the certificate for an additional 5-year term if the applicant submits to the Board at least 90 days before the expiration of the certificate:

(1) A renewal application on a form provided by the Board;

(2) An affidavit indicating whether the applicant, since the issuance of the original certificate or renewal, whichever is later, has treated a patient under deep sedation or general anesthesia with an incident;

(3) A nonrefundable fee as set forth in COMAR 10.44.20; and

(4) Any other pertinent documents or information requested by the Board.

K. An affidavit provided to the Board under §I(2) of this regulation, which indicates that the applicant has treated a patient under deep sedation or general anesthesia with an incident, shall include the information contained in Regulation .08G of this chapter.

L. The Board may issue a renewal certificate to a dentist to allow a physician or another dentist to administer anesthesia and sedation after the Board's review of:

(1) The applicant's application and accompanying affidavit;

(2) The applicant's qualifications; and

(3) Any other pertinent documents or information including but not limited to patient complaints which may affect the applicant's ability to safely and effectively treat patients under anesthesia and sedation.

M. If an applicant for the renewal of a certificate to allow a physician or another dentist to administer anesthesia and sedation returns a renewal application to the Board at least 90 days before the expiration of the certificate, and the Board is unable to approve or deny the application before the expiration of the certificate through no fault of the applicant, the certificate shall remain in effect until the Board:

(1) Renews the certificate; or

(2) Denies renewal of the certificate.

N. Failure to receive the Board's renewal application does not relieve the certificate holder from the requirement to submit a renewal application to the Board at least 90 days before the expiration of the certificate.

Md. Code Regs. 10.44.12.31

Regulations .31 under Anesthasia and Sedation, adopted effective January 4, 2010 (36:18 Md. R. 1380)
Regulation .31 amended and recodified from Regulations .30 effective 42:9 Md. R. 648, eff.5/11/2015