Section 1646.9 - [Effective 1/1/2025] Administration of deep sedation or general anesthesia by licensed physician or surgeon(a) A physician and surgeon licensed by the Medical Board of California or Osteopathic Medical Board of California pursuant to Chapter 5 (commencing with Section 2000) may administer deep sedation or general anesthesia in the office of a licensed dentist for dental patients, without regard to whether the dentist possesses a permit issued pursuant to this article, if all of the following conditions are met: (1) The physician and surgeon possesses an active license to practice medicine in this state.(2) The physician and surgeon holds an active general anesthesia permit issued by the Dental Board of California pursuant to subdivision (b).(3) The physician and surgeon meets the requirements of subdivision (e) of Section 1646.1.(b) A physician and surgeon who desires to administer deep sedation or general anesthesia as set forth in subdivision (a) shall possess a license issued by the Medical Board of California or the Osteopathic Medical Board of California, as applicable, that is in good standing, shall apply to the board on an application form prescribed by the board, and shall submit all of the following:(1) Certified license history issued by the Medical Board of California or Osteopathic Medical Board of California, as applicable to the applicant's license, showing the physician and surgeon license number and current license status.(2) The payment of an application fee prescribed by this article.(3) Evidence showing that the applicant has successfully completed a postgraduate residency training program in anesthesiology that is recognized by the Accreditation Council for Graduate Medical Education.(4) Documentation demonstrating that all equipment and drugs required by the board are on the premises for use in any dental office in which the applicant administers deep sedation or general anesthesia.(5) Information relative to the current membership of the applicant on hospital medical staffs.(c) Prior to issuance or renewal of a permit pursuant to this section, the board may, at its discretion, require an onsite inspection and evaluation of the facility, equipment, personnel, including, but not limited to, the physician and surgeon, and procedures utilized. At least one of the persons evaluating the procedures utilized by the physician and surgeon shall be a licensed physician and surgeon expert in outpatient deep sedation or general anesthesia who has been authorized or retained under contract by the board for this purpose.(d) The permit of a physician and surgeon who has failed an onsite inspection and evaluation shall be automatically suspended 30 days after the date on which the board notifies the physician and surgeon of the failure unless within that time period the physician and surgeon has retaken and passed an onsite inspection and evaluation. Every physician and surgeon issued a permit under this article shall have an onsite inspection and evaluation at least once every five years. Refusal to submit to an inspection shall result in automatic denial or revocation of the permit.(e) A physician and surgeon who additionally meets the requirements of paragraphs (2) and (3) of subdivision (c) of Section 1646.2 may apply to the board for a pediatric endorsement to provide deep sedation or general anesthesia to a child under seven years of age. A physician and surgeon without sufficient cases to obtain a pediatric endorsement may qualify for the endorsement pursuant to the requirements of subdivision (d) of Section 1646.2.Ca. Bus. and Prof. Code § 1646.9
Amended by Stats 2024 ch 483 (SB 1453),s 16, eff. 1/1/2025.Added by Stats 2018 ch 929 (SB 501),s 4, eff. 1/1/2019.This section is set out more than once due to postponed, multiple, or conflicting amendments.