Current through Register Vol. XLI, No. 50, December 13, 2024
Section 5-12-8 - Inspection and/or Evaluation Failures8.1. The Board shall notify, in writing, a dentist who fails an initial or subsequent inspection and/or evaluation for a Class 3 or 4 permit.8.2. A dentist who has been notified of a failure from the Board shall not administer any level of sedation requiring a permit until he or she successfully completes inspection and evaluation. A dentist who administers such sedation after being notified of a failure is subject to disciplinary action pursuant to W. Va. Code §§ 30-4-19 and 30-4A-16.8.3. A dentist who has received a notification of failure from the Board may, after 30 days of receipt of the notification, request in writing a new inspection and/or re-evaluation. The request for a reevaluation shall state specific grounds supporting it.8.4. If the new inspection and/or reevaluation is granted by the Board, it shall be conducted by a different team of subcommittee members. The subcommittee team shall schedule the reevaluation within ninety days of receipt of the request and shall complete the evaluation within one hundred fifty days of receipt of the request.8.5. A dentist who fails a reinspection and/or reevaluation for a Class 3 or 4 permit may not request another inspection and/or evaluation until after one year of receipt of the notification of the second failure. The dentist may not administer any level of sedation requiring a permit, as stated in subsection 8.2.8.6. The Subcommittee may recommend that a dentist complete remedial training or continuing education prior to any future inspections and/or re-evaluations on a case by case basis.8.7. Nothing in this section prohibits the Board from issuing a cease and desist order to a dentist applying for or holding a Class 3 or 4 permit from administering any level of sedation, permitted or otherwise.