N.H. Admin. Code § Den 304.05

Current through Register No. 36, September 5, 2024

Section Den 304.05 - General Anesthesia, Deep Sedation and Moderate Sedation, and Moderate Sedation Only Permit Application Procedures and Evaluations

(a) Each applicant for a permit to use general anesthesia, deep sedation and moderate sedation, or moderate sedation only shall supply the board with the following on the "Initial Application to Administer General Anesthesia and/or Sedation" form, effective October 2018:

(1) Applicant's name;

(2) Applicant's home address;

(3) Applicant's primary email address,

(4) Applicant's New Hampshire dental license number;

(5) Professional addresses and telephone numbers where permits are to be used;

(6) Proof of the basis in Den 304.03 above upon which the permit is to be issued;

(7) A list of all staff members who assist in general anesthesia or sedation; and

(8) Current cardiac life support training status of the applicant and each of the foregoing staff members.

(b) The form shall be signed and dated.

(c) To determine if the requirements of this section have been met by dentists to administer general anesthesia, deep sedation and moderate sedation, or moderate sedation only:

(1) The board shall require passage of an initial facility inspection, equipment and drugs as they relate to general anesthesia and sedation prior to the issuance of the initial permit;

(2) The board shall require, within 8 months of the issuance of the initial permit, passage of a comprehensive evaluation including personnel, records and patient treatment as they relate to general anesthesia and sedation. A comprehensive evaluation shall not be required for a second location;

(3) The comprehensive evaluation shall be carried out by a team of dental consultants acting as agents of the board, as follows:

a. Dentists with permits to administer general anesthesia, deep sedation and moderate sedation shall be evaluated by dental consultants who satisfy Den 304.03(b)(3) b. 1. or 2.; and

b. Dentists with permits to administer moderate sedation only shall be evaluated by dental consultants who satisfy Den 304.03(b)(3) b. 1. or 2. above or (c)(3) a.;

(4) If more than one office location is used by the dentist, then each office shall have facility inspection;

(5) If the applicant fails the facility inspection or comprehensive evaluation, upon written request of the applicant, a second facility inspection or comprehensive evaluation shall be conducted by a different team of consultants;

(6) Upon satisfactory completion of the facility inspection and comprehensive evaluations, a comprehensive evaluation shall be held at least once every 5 years; and

(7) Such evaluation shall be carried out in the same manner as the initial comprehensive evaluation.

(d) The evaluation of patient treatment shall include instances where the highest form of pain and anxiety control was used by the dentist being evaluated.

(e) The board shall take action in any one or more of the following ways as necessary to protect the public welfare when the results of a facility inspection or comprehensive evaluation are unsatisfactory:

(1) By permit revocation or suspension;

(2) By limitation or restriction of a permit; and

(3) By requiring the licensee to participate in an educational program relevant to areas the licensee has been found to be professionally deficient.

(f) The following requirements for inspection or evaluation fees shall apply:

(1) Fees for inspections and evaluations shall be borne by the dentist examined;

(2) If the facility inspection or comprehensive evaluation cannot be completed because the dentist is unprepared, the full fee shall remain owed;

(3) Third party fees shall be paid directly to the third party at the time of the facility inspection or comprehensive evaluation;

(4) Payment of all required fees shall be noted on the inspection or evaluation report for the evaluation to be satisfactory;

(5) Following an unsatisfactory facility inspection or comprehensive evaluation, a second inspection or evaluation shall require a second full fee; and

(6) The board shall take action for failure to pay required inspection and evaluation fees, pursuant to Den 304.05(f).

(g) For those applicants who have not used general anesthesia, deep sedation or moderate sedation in New Hampshire, a permit shall be granted by the board based solely upon credentials contained in the application, after complete processing of the application and thorough investigation by an facility inspection as described in (a) and (c) above.

N.H. Admin. Code § Den 304.05

Derived From Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12428, Effective 12/6/2017, Expires 12/6/2027.

Amended by Volume XLI Number 36, Filed September 9, 2021, Proposed by #13251, Effective 8/11/2021, Expires 8/7/2022 (EMERGENCY)