Sec. 10.44.12.17. Conversion of General Anesthesia and Parenteral Sedation Administration Permits in Existence on January 4, 2010

A. At least 120 days before the expiration of a general anesthesia administration permit the Board shall mail an application to each individual who holds a general anesthesia administration permit to convert the general anesthesia administration permit to a Class III permit.

B. At least 120 days before the expiration of a parenteral sedation administration permit the Board shall mail an application to each individual who holds a parenteral sedation administration permit to convert the parenteral sedation administration permit to a Class II permit.

C. A dentist who held a current general anesthesia administration permit and a general anesthesia facility permit on January 4, 2010, and who wishes to receive a Class III permit for a location for which the dentist holds a current general anesthesia facility permit, may receive a Class III permit for the location for which the dentist held a general anesthesia facility permit if the applicant:

(1) Submits to the Board at least 90 days before the expiration of the permit an application on a form provided by the Board;

(2) Passes a renewal evaluation in each facility for which the applicant wishes to receive a Class III permit;

(3) Pays the renewal fee set by the Board in COMAR 10.44.20;

(4) Provides an affidavit to the Board indicating whether the applicant, since the issuance of the original general anesthesia administration permit, has treated a patient under deep sedation or general anesthesia with an incident;

(5) Provides evidence satisfactory to the Board that the applicant meets the continuing education requirements outlined in Regulation .29 of this chapter; and

(6) Submits any other pertinent documents or information requested by the Board.

D. An affidavit provided to the Board under §C(4) of this regulation, which indicates that the applicant has treated a patient under deep sedation or general anesthesia with an incident, shall include the information contained in Regulation .08G of this chapter.

E. The evaluation outlined in §C(2) of this regulation shall consist of an evaluation of:

(1) Anesthesia and monitoring equipment to ensure they are in proper working order;

(2) Simulated management of emergencies with the participation of the clinical office staff trained to handle emergencies; and

(3) Drugs in the office to ensure that the applicant:

(a) Maintains the appropriate drugs on the premises; and

(b) Only utilizes drugs on the premises the dates of which have not expired.

F. If an applicant returns an application to the Board at least 90 days before the expiration of the permit, and the Board is unable to approve or deny the application before the expiration of the permit through no fault of the applicant, the permit shall remain in effect until the Board:

(1) Issues the permit; or

(2) Denies issuance of the permit.

G. Failure to receive the Board's application does not relieve a permit holder from the requirement to submit an application to the Board at least 90 days before the expiration of a permit.

H. The Board may issue a Class III permit to an applicant for a specific practice location after the Board's review of:

(1) The applicant's application and accompanying affidavit;

(2) The applicant's qualifications;

(3) The evaluation; and

(4) Any other pertinent documents or information, including, but not limited to, patient complaints that may affect the applicant's ability to safely and effectively administer anesthesia and sedation.

I. This regulation does not preclude the Board from taking disciplinary action against a dentist who holds a:

(1) General anesthesia administration permit; or

(2) Class III permit.

J. A dentist who held a current parenteral sedation administration permit and a parenteral sedation facility permit on January 4, 2010, and who wishes to receive a Class II permit for the location for which the dentist holds a current parenteral sedation facility permit, may receive a Class II permit for the location for which the dentist held a parenteral sedation facility permit or permits if the applicant:

(1) Submits to the Board at least 90 days before the expiration of the permit:

(a) An application on a form provided by the Board;

(b) Written verification of inspection of the applicant's anesthesia and monitoring equipment from a recognized service company; and

(c) Written verification from the applicant that:

(i) Since the issuance of the parenteral sedation administration permit, the applicant and the appropriate individuals in the applicant's staff have completed training in basic life support and the handling of medical emergencies;

(ii) The applicant maintains the appropriate drugs on the premises; and

(iii) The applicant only utilizes drugs on the premises the dates of which have not expired;

(2) Pays the renewal fee set by the Board in COMAR 10.44.20;

(3) Provides an affidavit to the Board indicating whether the applicant, since the issuance of the original parenteral sedation administration permit, has treated a patient under deep sedation or general anesthesia with an incident;

(4) Provides evidence satisfactory to the Board that the applicant meets the continuing education requirements outlined in Regulation .29 of this chapter; and

(5) Submits any other pertinent documents or information requested by the Board.

K. An affidavit provided to the Board under §J(3) of this regulation, which indicates that the applicant has treated a patient under deep sedation or general anesthesia with an incident, shall include the information contained in Regulation .08G of this chapter.

L. The training in basic life support and the handling of emergencies outlined in §J(1)(c)(i) of this regulation shall be completed before the submission of each application.

M. If an applicant returns an application to the Board at least 90 days before the expiration of a permit, and the Board is unable to approve or deny the application before the expiration of the permit through no fault of the applicant, the permit shall remain in effect until the Board:

(1) Issues the permit; or

(2) Denies issuance of the permit.

N. Failure to receive the Board's application does not relieve a permit holder from the requirement to submit an application to the Board at least 90 days before the expiration of a permit.

O. The Board may issue a Class II permit to an applicant for a specific practice location after the Board's review of:

(1) The applicant's application and accompanying affidavit;

(2) The applicant's qualifications; and

(3) Any other pertinent documents or information, including, but not limited to, patient complaints that may affect the applicant's ability to safely and effectively administer sedation.

P. This regulation does not preclude the Board from taking disciplinary action against a dentist who holds a:

(1) Parenteral sedation administration permit; or

(2) Class II permit.