Section § 1647

Explanation

This section highlights the importance of maintaining safety in administering sedation in dental practices. It acknowledges that while dentists have previously maintained a good safety record, the growing variety of drugs and techniques now necessitate more regulation. The law notes that past definitions for sedation levels didn't fully capture the range used in dentistry, where the sedation can vary and sometimes be unpredictable. Therefore, it stresses that those who administer deep sedation or anesthesia must meet specific educational standards, especially when there's a chance of the patient losing consciousness, intended or not. For moderate sedation, where losing consciousness is unlikely, different education standards apply.

(a)CA Business & Professions Code § 1647(a) The Legislature finds and declares that a commendable patient safety record has been maintained in the past by dentists and those other qualified providers of anesthesia services who, pursuant to a dentist’s authorization, administer patient sedation, and that the increasing number of pharmaceuticals and techniques used to administer them for patient sedation require additional regulation to maintain patient safety in the future.
(b)CA Business & Professions Code § 1647(b) The Legislature further finds and declares all of the following:
(1)CA Business & Professions Code § 1647(b)(1) That previous laws enacted in 1980 contained separate and distinct definitions for general anesthesia and the state of consciousness.
(2)CA Business & Professions Code § 1647(b)(2) That in dental practice, there is a continuum of sedation used which cannot be adequately defined in terms of consciousness and general anesthesia.
(3)CA Business & Professions Code § 1647(b)(3) That the administration of sedation through this continuum results in different states of consciousness that may or may not be predictable in every instance.
(4)CA Business & Professions Code § 1647(b)(4) That in most instances, the level of sedation will result in a predictable level of consciousness during the entire time of sedation.
(c)CA Business & Professions Code § 1647(c) The Legislature further finds and declares that the educational standards presently required for deep sedation and general anesthesia should be required when the degree of sedation in the continuum of sedation is such that there is a reasonable possibility that loss of consciousness may result, even if unintended. However, achieving the degree of moderate sedation, where a margin of safety exists wide enough to render unintended loss of consciousness unlikely, requires educational standards appropriate to the administration of the resulting predictable level of consciousness.

Section § 1647.1

Explanation

This section defines 'moderate sedation' as a state where a person stays awake enough to respond to simple commands or slight touch and doesn't need help to breathe or keep their heart working normally. The drugs used for moderate sedation should be safe enough to prevent the patient from accidentally falling into a deeper, unconscious state. If a patient only moves when something painful happens, they are not considered moderately sedated.

(a)CA Business & Professions Code § 1647.1(a) As used in this article, “moderate sedation” means a drug-induced depression of consciousness during which a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation, no interventions are required to maintain a patient’s airway, spontaneous ventilation is adequate, and cardiovascular function is usually maintained.
(b)CA Business & Professions Code § 1647.1(b) The drugs and techniques used in moderate sedation shall have a margin of safety wide enough to render unintended loss of consciousness unlikely. Further, patients whose only response is reflex withdrawal from painful stimuli shall not be considered to be in a state of moderate sedation.

Section § 1647.10

Explanation

If you have a conscious sedation permit issued before January 1, 2022, you can follow the rules of that permit until it expires. But if you get a new or renewed permit on or after January 1, 2022, you must comply with new rules specified in this article.

A conscious sedation permitholder who has a permit that was issued before January 1, 2022, may follow the terms of that existing permit until it expires. Any permit issued or renewed pursuant to this article on or after January 1, 2022, shall require the permitholder to follow the requirements of this article.

Section § 1647.12

Explanation

This part of the law goes into effect starting January 1, 2022.

This article shall become operative on January 1, 2022.

Section § 1647.2

Explanation

If a dentist wants to use moderate sedation for dental work on an outpatient basis, they need a valid dental license and either a general anesthesia or moderate sedation permit. For patients under 13, the dentist needs an extra pediatric endorsement on the sedation permit. The dentist must be in the facility while the patient is sedated. In cases involving young children, there should be two extra staff members present, with the dentist and one staff member having pediatric life support certification. The staff watching the patient should focus on monitoring but can help with short tasks during the procedure. The dentist must also be prepared to handle any deeper sedation that wasn't intended. This rule doesn’t cover other types of anesthesia like local or deep sedation.

(a)CA Business & Professions Code § 1647.2(a) A dentist may administer or order the administration of moderate sedation on an outpatient basis for a dental patient if the dentist possesses an active dentist license or permit under Section 1638 or 1640 issued by the board and either an active general anesthesia permit or a moderate sedation permit.
(b)CA Business & Professions Code § 1647.2(b) A moderate sedation permitholder shall obtain a pediatric endorsement on the moderate sedation permit prior to administering moderate sedation to a patient under 13 years of age.
(c)Copy CA Business & Professions Code § 1647.2(c)
(1)Copy CA Business & Professions Code § 1647.2(c)(1) A moderate sedation permitholder who administers or orders the administration of moderate sedation shall be physically present in the treatment facility while the patient is sedated.
(2)CA Business & Professions Code § 1647.2(c)(2) For patients under 13 years of age, there shall be at least two support personnel in addition to the operating dentist present at all times during the procedure involving moderate sedation. The operating dentist and one personnel member shall maintain current certification in Pediatric Advanced Life Support (PALS) and airway management or other board-approved training in pediatric life support and airway management, adopted pursuant to Section 1601.8. The personnel member with current certification in Pediatric Advanced Life Support (PALS) and airway management or other board-approved training in pediatric life support and airway management shall be dedicated to monitoring the patient during the procedure involving moderate sedation and may assist with interruptible patient-related tasks of short duration, such as holding an instrument.
(d)CA Business & Professions Code § 1647.2(d) A moderate sedation permitholder shall possess the training, equipment, and supplies to rescue a patient from an unintended deeper level of sedation.
(e)CA Business & Professions Code § 1647.2(e) This article shall not apply to the administration of local anesthesia, minimal sedation, deep sedation, or general anesthesia.

Section § 1647.3

Explanation

If a dentist in California wants to give or order moderate sedation, they need a special permit. To get it, they must apply with proof of having completed 60 hours of training, done 20 sedation cases, and have the required equipment and drugs. If they want to specialize in pediatric sedation, they need additional training and experience, including cases with patients under 13, and certification in Pediatric Advanced Life Support (PALS). Special rules apply if they need more experience, allowing them to work under supervision to meet requirements. Records related to these procedures are confidential, and compliance with several operational and supervisory standards is mandatory.

(a)CA Business & Professions Code § 1647.3(a) A dentist who desires to administer or to order the administration of moderate sedation shall possess a dentist license or a permit under Section 1638 or 1640 issued by the board that is in good standing and apply to the board on an application form prescribed by the board. The dentist shall submit an application fee and produce evidence showing that the dentist has successfully completed training in moderate sedation that meets the requirements of subdivision (c).
(b)CA Business & Professions Code § 1647.3(b) The application for a permit shall include documentation that equipment and drugs required by the board are on the premises.
(c)CA Business & Professions Code § 1647.3(c) Training in the administration of moderate sedation shall be acceptable if it meets all of the following as approved by the board:
(1)CA Business & Professions Code § 1647.3(c)(1) Consists of at least 60 hours of instruction.
(2)CA Business & Professions Code § 1647.3(c)(2) Requires satisfactory completion of at least 20 cases of administration of moderate sedation for a variety of dental procedures.
(3)CA Business & Professions Code § 1647.3(c)(3) Complies with the requirements of the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students of the American Dental Association, including, but not limited to, certification of competence in rescuing patients from a deeper level of sedation than intended, and managing the airway, intravascular or intraosseous access, and reversal medications.
(d)CA Business & Professions Code § 1647.3(d) A dentist may apply for a pediatric endorsement for a moderate sedation permit by confirming all of the following:
(1)CA Business & Professions Code § 1647.3(d)(1) Successful completion of residency in pediatric dentistry accredited by the Commission on Dental Accreditation (CODA) or the equivalent training in pediatric moderate sedation, as determined by the board.
(2)CA Business & Professions Code § 1647.3(d)(2) Successful completion of at least 20 cases of moderate sedation to patients under 13 years of age to establish competency in pediatric moderate sedation, both at the time of the initial application and at renewal. The applicant or permitholder shall maintain and shall provide proof of these cases upon request by the board for up to three permit renewal periods.
(3)CA Business & Professions Code § 1647.3(d)(3) In order to provide moderate sedation to children under seven years of age, a dentist shall establish and maintain current competency for this pediatric population by completing 20 cases of moderate sedation for children under seven years of age in the 24-month period immediately preceding application for the pediatric endorsement and for each permit renewal period.
(4)CA Business & Professions Code § 1647.3(d)(4) Current certification in Pediatric Advanced Life Support (PALS) and airway management or other board-approved training in pediatric life support and airway management, adopted pursuant to Section 1601.8.
(e)CA Business & Professions Code § 1647.3(e) A moderate sedation permitholder with a pediatric endorsement shall maintain current and continuous certification in Pediatric Advanced Life Support (PALS) and airway management or other board-approved training in pediatric life support and airway management, adopted pursuant to Section 1601.8, for the duration of the permit.
(f)CA Business & Professions Code § 1647.3(f) Applicants for a pediatric endorsement who otherwise qualify for the pediatric endorsement but lack sufficient cases of moderate sedation to patients under 13 years of age may administer moderate sedation to patients under 13 years of age under the direct supervision of a general anesthesia or moderate sedation permitholder who possesses a pediatric endorsement. The applicant may count these cases toward the 20 required in order to qualify for the applicant’s pediatric endorsement.
(g)CA Business & Professions Code § 1647.3(g) Moderate sedation permitholders with a pediatric endorsement seeking to provide moderate sedation to children under seven years of age, but who lack sufficient cases of moderate sedation to patients under seven years of age pursuant to paragraph (3) of subdivision (d), may administer moderate sedation to patients under seven years of age under the direct supervision of a general anesthesia or moderate sedation permitholder who possesses a pediatric endorsement to administer general anesthesia or moderate sedation to patients under seven years of age.
(h)CA Business & Professions Code § 1647.3(h) Patient records submitted to the board pursuant to paragraph (2) of subdivision (c) and paragraphs (2) and (3) of subdivision (d) shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of the Government Code), except for disclosure pursuant to a lawfully issued subpoena or a written request from a government agency responsible for either enforcement of civil or criminal laws or the professional licensing of individuals that is conducting an investigation about the applicant.
(i)CA Business & Professions Code § 1647.3(i) If the procedures under paragraph (2) of subdivision (c) or paragraph (3) of subdivision (d) are performed in a dental office located in this state, the following shall apply:
(1)CA Business & Professions Code § 1647.3(i)(1) All office facility, equipment, and staff requirements for moderate sedation permitholders shall be met.
(2)CA Business & Professions Code § 1647.3(i)(2) The procedures shall be performed under the direct supervision of a California-licensed dentist who holds a board-issued general anesthesia or moderate sedation permit.
(3)CA Business & Professions Code § 1647.3(i)(3) For procedures performed under paragraph (3) of subdivision (d), the procedures shall be performed under the direct supervision of a California-licensed dentist who holds a board-issued general anesthesia or moderate sedation permit with a pediatric endorsement issued by the board.
(4)CA Business & Professions Code § 1647.3(i)(4) The procedures shall be supervised in compliance with subdivision (a) of Section 1682.
(j)CA Business & Professions Code § 1647.3(j) For purposes of this section, “good standing” means the license or permit is active and unrestricted by disciplinary action taken pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, is not the subject of an unresolved complaint or review procedure, and is not the subject of any unresolved disciplinary proceeding.

Section § 1647.4

Explanation
A moderate sedation permit will expire on a certain date mentioned in another section unless it is renewed as outlined in the law.
A moderate sedation permit shall expire on the date specified in Section 1715 that next occurs after its issuance, unless it is renewed as provided in this article.

Section § 1647.5

Explanation

If you have a permit to administer moderate sedation, you need to complete 15 hours of specific training on moderate sedation before you can renew your permit. These hours count towards your overall continuing education requirements set by the board.

A permittee shall be required to complete 15 hours of approved courses of study related to moderate sedation as a condition of renewal of a permit. Those courses of study shall be credited toward the total continuing education required by the board pursuant to Section 1645.

Section § 1647.6

Explanation

Before giving moderate sedation, a healthcare provider must evaluate the patient's physical condition and take their medical history. They must also keep detailed records of this evaluation and the sedation process, following specific rules set by the board.

(a)CA Business & Professions Code § 1647.6(a) A physical evaluation and medical history shall be taken before the administration of moderate sedation.
(b)CA Business & Professions Code § 1647.6(b) Records of the physical evaluation, medical history, and moderate sedation procedures used shall be maintained as required by board regulations.

Section § 1647.7

Explanation

If you want to get or renew a permit to give moderate sedation in dental settings, the board might require a check-up of both you and your practice. This includes looking at your equipment, staff, and procedures. If you fail the inspection, your permit will be suspended unless you pass a re-inspection within 30 days. Dentists need to pass inspections at least every six years, or they risk losing their permits. New applicants who complete the required course can get a temporary one-year permit before this inspection. If they fail it, the temporary permit ends right away. The board can hire experts for these inspections, but only the board decides on permit issuance and who gets inspected.

(a)CA Business & Professions Code § 1647.7(a) Prior to the issuance or renewal of a permit to administer moderate sedation, the board may, at its discretion, require an onsite inspection and evaluation of the licensee and the facility, equipment, personnel, and procedures utilized by the licensee. The permit of any dentist who has failed an onsite inspection and evaluation shall be automatically suspended 30 days after the date on which the board notifies the dentist of the failure unless, within that time period, the dentist has retaken and passed an onsite inspection and evaluation. Every dentist issued a permit under this article shall have an onsite inspection and evaluation at least once in every six years. Refusal to submit to an inspection shall result in automatic denial or revocation of the permit.
(b)CA Business & Professions Code § 1647.7(b) An applicant who has successfully completed the course required by Section 1647.3 may be granted a one-year temporary permit by the board prior to the onsite inspection and evaluation. Failure to pass the inspection and evaluation shall result in the immediate and automatic termination of the temporary permit.
(c)CA Business & Professions Code § 1647.7(c) The board may contract with public or private organizations or individuals expert in dental outpatient moderate sedation to perform onsite inspections and evaluations. The board may not, however, delegate its authority to issue permits or to determine the persons or facilities to be inspected.

Section § 1647.8

Explanation

This law section states that the fees for applying for or renewing a permit, as well as the fee for onsite inspections, should not be higher than a specific amount outlined in another section. It also mentions the intention for enough staff to be hired to manage this program, ensuring that the fees collected cover the costs of running and enforcing the program.

(a)CA Business & Professions Code § 1647.8(a) The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)CA Business & Professions Code § 1647.8(b) The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)CA Business & Professions Code § 1647.8(c) It is the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.

Section § 1647.9

Explanation

If a dentist violates the rules in this article, it is considered unprofessional behavior, and they can lose their license or have it suspended. However, if the violation doesn't cause physical harm, probation might be given instead. Any legal actions will follow specific government procedures, and the board can use all its legal powers in these cases.

A violation of this article constitutes unprofessional conduct and is grounds for the revocation or suspension of the dentist’s permit or license, or both. The board shall issue probationary terms only for violations that do not result in bodily harm. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.