DAR File No. 38149

Commerce, Occupational and Professional Licensing

Rule R156-69

Dentist and Dental Hygienist Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38149
Filed: 11/18/2013 11:51:02 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Dentist and Dental Hygienist Licensing Board are proposing amendments to the rule since some of the accredited American Dental Association dental and dental hygiene programs are now offering candidates the option of taking anesthesia and analgesia continuing education courses. The proposed amendments in this filing allow applicants to take a continuing education course if it is offered through an accredited program. The Division has received course certificates for applicants to get licensed in this area but the current, existing rule language does not allow for it.

Summary of the rule or change:

Section R156-69-202 is updated to allow for continuing education classes offered through an American Dental Association accredited dental program to count as meeting the requirement for an upgraded anesthesia and analgesia permit for dentists. Section R156-69-204 is updated to allow for continuing education classes offered through an American Dental Association accredited dental hygiene program to count as meeting the requirement for an anesthesia and analgesia permit for dental hygienists. An additional proposed amendment also allows for all of the regional examinations with passing scores to count towards a dental hygienist anesthesia and analgesia permit.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-69-101
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed dentists and dental hygienists or applicants for licensure in those classifications that apply for an upgraded anesthesia and analgesia permit/license. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed dentists and dental hygienists or applicants for licensure in those classifications that apply for an upgraded anesthesia and analgesia permit/license. The proposed amendments may affect small business by allowing more educational and examination latitude for licensees/applicants to meet the requirements for anesthesia and analgesia licensure. However, the Division is not able to determine any exact cost or savings to small businesses due to a wide range of circumstances involving licensees and applicants who may work for or in a small business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed dentists and dental hygienists or applicants for licensure in those classifications that apply for an upgraded anesthesia and analgesia permit/license. The proposed amendments allow more educational and examination latitude for licensees/applicants to meet the requirements for anesthesia and analgesia licensure. However, the Division is not able to determine any exact cost or savings to other persons due to a wide range of circumstances involving licensees and applicants.

Compliance costs for affected persons:

The proposed amendments only apply to licensed dentists and dental hygienists or applicants for licensure in those classifications that apply for an upgraded anesthesia and analgesia permit/license. The proposed amendments allow more educational and examination latitude for licensees/applicants to meet the requirements for anesthesia and analgesia licensure. However, the Division is not able to determine any exact cost or savings to affected persons due to a wide range of circumstances involving licensees and applicants.

Comments by the department head on the fiscal impact the rule may have on businesses:

As explained in the rule analysis, this filing identifies courses that are acceptable to satisfy the Utah requirements for obtaining a permit in anesthesia and analgesia. No fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/14/2014

This rule may become effective on:

01/21/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-69. Dentist and Dental Hygienist Practice Act Rule.

R156-69-202. Qualifications for Anesthesia and Analgesia Permits - Dentist.

In accordance with Subsection 58-69-301(4)(b), the qualifications for anesthesia and analgesia permits are:

(1) for a class I permit:

(a) current licensure as a dentist in Utah; and

(b) documentation of current CPR or BCLS certification;

(2) for a class II permit:

(a) current licensure as a dentist in Utah;

(b) documentation of current BCLS certification;

(c) evidence of [having] successful[ly] complet[ed]ion of training in the administration of nitrous oxide and pharmacological methods of conscious sedation [which]that:

(i)  conforms to the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students, published by the American Dental Association, October 2007, which is incorporated by reference; [and]or

(ii) is the substantial equivalent of Subsection (2)(c)(i) provided in a continuing education format offered by an American Dental Association accredited school; and

(d) certification that the applicant will comply with the scope of practice as set forth in Subsection R156-69-601(2);

(3) for a class III permit:

(a) compliance with Subsections (1)(a) and (2) above;

(b) evidence of current Advanced Cardiac Life Support (ACLS) certification;

(c) evidence of holding a current Utah controlled substance license in good standing and a current Drug Enforcement Administration (DEA) Registration in good standing;

(d) evidence of [having ]successful[ly] complet[ed]ion of:

(i)(A) a comprehensive predoctoral or post doctoral training in the administration of conscious sedation [which]that conforms to the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students, published by the American Dental Association, October 2007, [and]including a letter from the course director documenting competency in performing conscious sedation; and

(B) 60 hours of didactic education in sedation and successful completion of 20 cases; [and]or

(ii) the substantial equivalent of Subsection (3)(d)(i) provided in a continuing education format offered by an American Dental Association accredited school; and

(e) certification that the applicant will comply the scope of practice as set forth in Subsection R156-69-601(3); and

(4) for a class IV permit:

(a) compliance with Subsections (1), (2), and (3) above;

(b) evidence of current ACLS certification;

(c) evidence of having successfully completed advanced training in the administration of general anesthesia and deep sedation consisting of not less than one year in a program which conforms to the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students, published by the American Dental Association, October 2007, and a letter from the course director documenting competency in performing general anesthesia and deep sedation;

(d) documentation of successful completion of advanced training in obtaining a health history, performing a physical examination and diagnosis of a patient consistent with the administration of general anesthesia or deep sedation; and

(e) certification that the applicant will comply with the scope of practice as set forth in Subsection R156-69-601(4).

 

R156-69-204. Qualifications for Anesthesia and Analgesia Permits - Dental Hygienist.

In accordance with Subsection 58-69-301(4)(b), the qualifications for a local anesthesia permit are the following:

(1) current Utah licensure as a dental hygienist or documentation of meeting all requirements for licensure as a dental hygienist;

(2) successful completion of a program of training in the administration of local anesthetics that:

(i) is accredited by the Commission on Dental Accreditation of the ADA; or

(ii) is the substantial equivalent of Subsection (2)(i) provided in a continuing education format offered by an American Dental Association accredited school; and

(3)(a) a passing score on the WREB, NERB, SRTA, or CRDTS anesthesia examination[ in anesthesiology]; or

(b) documentation of having a current, active license to administer local anesthesia in another state in the United States; and

(4) documentation of current CPR or BCLS certification.

 

KEY: licensing, dentists, dental hygienists

Date of Enactment or Last Substantive Amendment: [August 8, 2013]2014

Notice of Continuation: March 10, 2011

Authorizing, and Implemented or Interpreted Law: 58-69-101; 58-1-106(1)(a); 58-1-202(1)(a)