PRINTER'S NO. 3665
No. 2523 Session of 1984
INTRODUCED BY LAUGHLIN, GALLAGHER, ARTY, BOWSER, ALDERETTE, FEE,
PETRARCA, KLINGAMAN, STEWART AND WOZNIAK, OCTOBER 3, 1984
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, OCTOBER 3, 1984
AN ACT
1 Regulating the use of general anesthesia by dentists; requiring
2 a permit to use general anesthesia; granting powers to the
3 State Dental Council and Examining Board; requiring certain
4 reports by holders of permits; and imposing sanctions for
5 violations of the act.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Dental
10 Anesthesia Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Board." The State Dental Council and Examining Board.
16 "Dentist." A person license to practice dentistry under the
17 act of May 1, 1933 (P.L.216, No.76), known as The Dental Law.
18 "Permit." An authorization to employ or use general
19 anesthesia issued by the board under this act.
1 Section 3. Permit required for use of general anesthesia.
2 (a) General rule.--Except as otherwise provided in section
3 6, a dentist shall not employ or use general anesthesia on an
4 outpatient basis for dental patients, unless the dentist
5 possesses a permit of authorization issued by the board.
6 (b) Review and renewal.--The dentist holding the permit
7 shall be subject to review and the permit must be renewed
8 annually.
9 Section 4. Application for permit.
10 To receive the permit, the dentist shall apply on a
11 prescribed application form to the board, submit a $50
12 application fee and produce evidence showing that he or she:
13 (1) (i) has completed a minimum of one year of advanced
14 training in anesthesiology and related academic subjects
15 or has completed equivalent training beyond the
16 undergraduate dental school level in a training program
17 described in Part 2 of the Guidelines for Teaching the
18 Comprehensive Control of Pain and Anxiety in Dentistry;
19 (ii) is a diplomate of the American Board of Oral
20 Surgery, is eligible for examination by the American
21 Board of Oral Surgery, or is a member of the American
22 Society of Oral Surgeons;
23 (iii) is a Fellow of the American Dental Society of
24 Anesthesiology; or
25 (iv) employs or works in conjunction with a trained
26 physician who is a member of the anesthesiology staff of
27 an accredited hospital, if the physician remains on the
28 premises of the dental facility until any patient given a
29 general anesthetic regains consciousness; and
30 (2) has a properly equipped facility for the
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1 administration of general anesthesia staffed with a
2 supervised team of auxiliary personnel capable of reasonably
3 handling procedures, problems and emergencies incident to the
4 administration of general anesthesia. Adequacy of the
5 facility and competence of the anesthesia team may be
6 determined by the consultants appointed by the board under
7 section 5.
8 Section 5. Inspection of facility.
9 Before issuance of the permit, the board may, in its
10 discretion, require an onsite inspection of the facility,
11 equipment and personnel to determine if, in fact, the
12 requirements of section 4 have been met. The evaluation shall be
13 carried out following the principles, but not necessarily the
14 specifics, described in the American Society of Oral Surgeons
15 Office Anesthesia Emergency Self Evaluation Manual. The
16 evaluation shall be carried out by a team of consultants
17 appointed by the board.
18 Section 6. Existing users of general anesthesia.
19 Within one year of the effective date of this act, each
20 dentist who has been using or employing general anesthesia
21 before the effective date shall make application on the
22 prescribed form to the board if the dentist desires to continue
23 to use or employ general anesthesia. If he or she meets the
24 requirements of this act, a permit shall be issued. An onsite
25 evaluation of the facilities, equipment and personnel may be,
26 but is not necessarily, required before the issuance of a permit
27 under the section.
28 Section 7. Temporary provisional permit.
29 For new applicants who are otherwise properly qualified, a
30 temporary provisional permit of one year in duration may be
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1 granted by the board, based solely upon the credentials
2 contained in the application, pending complete processing of the
3 application and thorough investigation by an onsite evaluation
4 as described in section 5.
5 Section 8. Renewal.
6 The board shall, without charge, renew the permit annually
7 unless the holder is informed in writing that a reevaluation of
8 his or her credentials and the facility is required. In
9 determining whether the reevaluation is necessary, the board
10 shall consider such factors as it deems pertinent including, but
11 not limited to, patient complaints and reports of adverse
12 occurrences. The reevaluation shall be carried out in the manner
13 described in section 5.
14 Section 9. Exemption from formal training requirement.
15 The board, based on a formal application stating all
16 particulars which would justify the granting of a permit, may
17 grant the permit authorizing the use or employment of general
18 anesthesia to dentists who have been utilizing general
19 anesthesia in a competent and effective manner before the
20 effective date of this act, but who have not had the benefit of
21 formal training described in section 4.
22 Section 10. Reports.
23 (a) Injury or death.--All permit holders engaged in the
24 practice of dentistry in this Commonwealth shall submit a
25 complete report within 30 days to the board of any mortality or
26 other incident occurring in the outpatient facilities of the
27 permit holder that results in temporary or permanent physical or
28 mental injury requiring hospitalization of the patient during,
29 or as a direct result of, dental procedures or anesthesia
30 related to the procedures.
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1 (b) Sanction for failure to report.--Failure to comply with
2 subsection (a) when the occurrence is related to the use of
3 general anesthesia may result in the loss of the permit.
4 Section 11. Suspension or revocation of license.
5 The board may, in accordance with procedure set forth in the
6 act of May 1, 1933 (P.L.216, No.76), known as The Dental Law,
7 suspend or revoke the license to practice dentistry of a dentist
8 who violates any provision of this act.
9 Section 12. Effective date.
10 This act shall take effect in 60 days.
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