North Carolina § 90-30 - 1. Standards for general anesthesia and enteral and parenteral sedation; fees authorized.

§ 90-30. 1. Standards for general anesthesia and enteral and parenteral sedation; fees authorized.

The North Carolina Board of Dental Examiners may establish by regulation reasonable education, training, and equipment standards for safe administration and monitoring of general anesthesia and enteral and parenteral sedation for outpatients in the dental setting. Regulatory standards may include a permit process for general anesthesia and enteral and parenteral sedation by dentists. The requirements of any permit process adopted under the authority of this section shall include provisions that will allow a dentist to qualify for continued use of enteral sedation, if he or she is licensed to practice dentistry in North Carolina and shows the Board that he or she has been utilizing enteral sedation in a competent manner for the five years preceding January 1, 2002, and his or her office facilities pass an on-site examination and inspection by qualified representatives of the Board. For purposes of this section, oral premedication administered for minimal sedation (anxiolysis) shall not be included in the definition of enteral sedation. In order to provide the means of regulating general anesthesia and enteral and parenteral sedation, including examination and inspection of dental offices involved, the Board may charge and collect fees established by its rules for each permit application, each annual permit renewal, and each office inspection in an amount not to exceed the maximum fee amounts set forth in G.S. 90-39 . History (1987 (Reg. Sess., 1988), c. 1073; 1989, c. 648; 1989 (Reg. Sess., 1990), c. 1066, s. 12(a); 1995 (Reg. Sess., 1996), c. 584, s. 2; 2001-511, s. 1.) Disapproval of Certain Dental Board Rules - Session Laws 2016-31, s. 1, provides: "Pursuant to G.S. 150B-21.3(b1) , 21 NCAC 16Q .0101 (General Anesthesia and Sedation Definitions), as adopted by the North Carolina Board of Dental Examiners on December 12, 2015, and approved by the Rules Review Commission on March 17, 2016, is disapproved." At its March 17, 2016, meeting, the Rules Review Commission adopted several changes to the Dental Board's rules in 21 NCAC 16O and 16Q, governing nitrous oxide, sedation, and anesthesia. More than 10 objections were filed to the proposed amendments to 21 NCAC 16Q .0101, and that rule is presently subject to legislative review. In light of the pending legislative review, pursuant to G.S. 150B-21.3(b1) , the Dental Board sought to delay the effective date of certain rules until the conclusion of the review. Specifically the Board requested to delay the effective dates of the following rules: 21 NCAC 16Q .0201 (amendment); 21 NCAC 16Q .0202 (amendment); 21 NCAC 16Q .0204 (amendment); 21 NCAC 16Q .0205 (repeal); 21 NCAC 16Q .0206 (adoption); 21 NCAC 16Q .0207 (adoption); 21 NCAC 16Q .0301 (amendment); 21 NCAC 16Q .0302 (amendment); 21 NCAC 16Q .0304 (amendment); 21 NCAC 16Q .0305 (adoption); 21 NCAC 16Q .0306 (adoption); 21 NCAC 16Q .0401 (repeal); 21 NCAC 16Q .0402 (repeal); 21 NCAC 16Q .0404 (adoption); 21 NCAC 16Q .0405 (adoption); 21 NCAC 16Q .0406 (adoption); 21 NCAC 16Q .0407 (adoption); 21 NCAC 16Q .0408 (adoption); 21 NCAC 16Q .0501 (repeal); 21 NCAC 16Q .0601 - .0602 (repeal); and 21 NCAC 16Q .0703 (adoption). Session Laws 2016-31, s. 2, disapproved all of the rules listed in the letter except those listed in Session Laws 2016-31, s. 3, which were 21 NCAC 16Q .0204 (Procedure for General Anesthesia Evaluation or Inspection and Re-inspection), 21 NCAC 16Q .0205 (Results of Site Evaluation and Reevaluation), 21 NCAC 16Q .0306 (Procedure for Moderate Conscious Sedation Evaluation or Inspection and Re-Inspection), 21 NCAC 16Q .0408 (Procedure for Moderate Pediatric Conscious Sedation Evaluation or Inspection and Re-Inspection), 21 NCAC 16Q .0703 (Reports of Adverse Occurrences), 21 NCAC 16Q .0601 (Reports of Adverse Occurrences), and 21 NCAC 16Q .0602 (Failure to Report). Session Laws 2016-31, s. 4, provides: "Notwithstanding G.S. 150B-21.3(b) , the North Carolina Board of Dental Examiners shall not enforce the following rules which became effective April 1, 2016: 21 NCAC 16O .0301 (Nitrous Oxide Sedation); 21 NCAC 16O .0302 (Nitrous Oxide Monitoring); 21 NCAC 16O .0401 (Non-Delegable Functions). The Board shall continue to enforce these rules as they existed prior to the amendments which became effective on April 1, 2016."