N.H. Rev. Stat. § 317-A:12

Current through the 2024 Legislative Session

Section 317-A:12 - Rulemaking Authority

The board shall adopt rules, pursuant to RSA 541-A, relative to:

I. [Repealed.]

II. [Repealed.]

III. The qualifications of applicants in addition to those requirements set by statute;

IV. How an applicant shall be examined, including:

(a)

The subjects to be tested;

(b) Passing grade; and

(c) Disposition of examination papers;

V. [Repealed.]

VI. Ethical standards required to be met by each holder of a dental or dental hygiene license and how such licenses may be revoked for violation of these standards;

VII. [Repealed.]

VIII. [Repealed.]

IX. [Repealed by 2023 amendment.]

X. [Repealed.]

XI. Continuing education requirements for licensees and holders of certificates;

XII. The imposition of administrative fines ;

XII-a. The use of general anesthesia, deep sedation, and moderate sedation, in dental treatment under RSA 317-A:20, including:

(a) Required credentials.

(b) Application.

(c) On-site evaluations of personnel, facility, equipment, and records as they pertain to the use of required drugs, general anesthesia, deep sedation, or moderate sedation, or any combination thereof.

(d) The criteria for the issuance of permits for use of general anesthesia, deep sedation, and moderate sedation, or of permits for use of moderate sedation.

(e) The criteria for the issuance of permits to dental facilities for use of general anesthesia, deep sedation, and moderate sedation at the dental facilities where the services are performed.

(f) The establishment of the qualifications and requirements of dental facilities where general anesthesia, deep sedation, and moderate sedation are performed.

(g) The requirement that the physical presence of the dentist licensed under RSA 317-A:7, an anesthesiologist licensed under RSA 329, or a nurse anesthetist licensed under RSA 326-B:18 is required while general anesthesia, deep sedation or moderate sedation is in effect.

(h) The establishment of the qualifications of dentists to administer general anesthesia or deep sedation which may include a residency training program accredited by the Commission on Dental Accreditation (CODA) or equivalent, and which may include a method for established practitioners to document his or her qualifications. Administration of general anesthesia or deep sedation to patients under the age of 13 shall be subject to additional rules including:

(1) In addition to the dentist performing the procedure, there shall be a dedicated anesthesia provider present to monitor the procedure and recovery from anesthesia. The dedicated anesthesia provider shall be a dentist who is qualified to administer general anesthesia or deep sedation, a physician anesthesiologist, or a certified registered nurse anesthetist (CRNA). The board may exempt the dentist from this requirement if they are board eligible or board certified in either dental anesthesiology or oral and maxillofacial surgery .

(2) The dentist shall be trained in pediatric advanced life support (PALS) and airway management, equivalent to the American Academy of Pediatrics and American Academy of Pediatric Dentistry (AAP-AAPD) guidelines or equivalent as determined by the board.

(3) Informed consent shall include the statement that the procedure may be performed in a hospital setting with additional anesthesia personnel, possibly at an increased expense.

(i) A physical evaluation and medical history shall be taken before the administration of moderate sedation, deep sedation, or general anesthesia. The board shall adopt rules regarding the minimum requirements for physical evaluation and medical history;

XII-b. Procedures which may be assigned by a licensed dentist to dental hygienists, public health dental hygienists, dental assistants, and to persons not licensed to practice dentistry. Such rules shall include additional requirements regarding monitoring patients undergoing general anesthesia, deep sedation, moderate sedation, and subsequent recovery from anesthesia;

XII-c. The use of minimal anesthesia in patients undergoing dental treatment under RSA 317-A:20, including:

(a) Adopting a definition of minimal anesthesia, a drug-induced state during which patients respond normally to verbal commands. Patients whose only response is reflex withdrawal from painful stimuli shall not be considered to be in a state of minimal sedation.

(b) Establishing a margin of safety wide enough to render unintended loss of consciousness unlikely.

(c) Permits and training required for dentists and dental facilities who administer pediatric minimal sedation. Such training shall include training in airway management and patient rescue from moderate sedation.

(d) Equipment and drugs required to safely administer pediatric minimal sedation, which shall include the availability of oxygen and reversal agents.

(e) Limitations on drugs and dosages which may be used in the administration of pediatric minimal sedation.

(f) A requirement that a minimum of one staff member, in addition to the dentist, trained in the monitoring and resuscitation of pediatric patients shall be present;

XII-d. Notwithstanding any other provision of law, rules, as the board deems necessary, relative to qualified dental assistants performing coronal polishing. Such rules shall not authorize a qualified dental assistant to perform a complete oral prophylaxis;

XII-e. The requirements for a dental assistant or dental hygienist to be permitted to provide services as an expanded function dental auxiliary as provided in RSA 317-A:21-g;

XIII. Prescribing controlled drugs pursuant to RSA 318-B:41; and

XIV. Other matters related to the proper administration of this chapter.

RSA 317-A:12

Amended by 2024, 327:51, eff. 7/1/2024.

Amended by 2024, 327:50, eff. 7/1/2024.

Amended by 2023, 215:§§3, 4 eff. 10/3/2023.

Amended by 2023, 212:12, eff. 10/3/2023.

Amended by 2021 , 197: 43, eff. 7/1/2021.

Amended by 2018 , 316: 16, eff. 8/7/2018.

Amended by 2018 , 188: 1, eff. 8/7/2018.

Amended by 2016 , 213: 3, eff. 6/7/2016.

Amended by 2012 , 183: §§2, 3, 4, 5 eff. 6/11/2012.

1971, 364:1. 1981, 482:7. 1986, 219:25. 1987, 133:3. 1992, 2:2. 1996, 102:2. 1997, 204:2-4. 2000, 5:11-13. 2002, 91 : 2 . 2003, 149 : 6 . 2010, 139 : 2 . 2012, 183 : 2 -5, eff. June 11, 2012. 2016, 213 : 3 , eff. June 7, 2016. 2018, 188 : 1 , eff. Aug. 7, 2018; 316:16, eff. Aug. 7, 2018. 2021, 197 : 43 , VI, eff. July 1, 2021.