2007 California Business and Professions Code Article 2.85. Use Of Oral Conscious Sedation For Pediatric Patients

CA Codes (bpc:1647.10-1647.17)

1647.10.  As used in this article:
   (a) "Oral conscious sedation" means a minimally depressed level of
consciousness produced by oral medication that retains the patient's
ability to maintain independently and continuously an airway, and
respond appropriately to physical stimulation or verbal command.
   (1) The drugs and techniques used in oral conscious sedation shall
have a margin of safety wide enough to render unintended loss of
consciousness unlikely. Further, patients whose only response is
reflex withdrawal from painful stimuli would not be considered to be
in a state of oral conscious sedation.
   (2) For very young or handicapped individuals, incapable of the
usually expected verbal response, a minimally depressed level of
consciousness should be maintained.
   (b) "Minor patient" means a dental patient under the age of 13
years.
   (c) "Certification" means the issuance of a certificate to a
dentist licensed by the board who provides the board with his or her
name, and the location where the administration of oral conscious
sedation will occur, and fulfills the requirements specified in
Sections 1647.12 and 1647.13.



1647.11.  (a) Notwithstanding subdivision (a) of Section 1647.2, a
dentist may not administer oral conscious sedation on an outpatient
basis to a minor patient unless one of the following conditions is
met:
   (1) The dentist possesses a current license in good standing to
practice dentistry in California and either holds a valid general
anesthesia permit, conscious sedation permit, or has been certified
by the board, pursuant to Section 1647.12, to administer oral
sedation to minor patients.
   (2) The dentist possesses a current permit issued under Section
1638 or 1640 and either holds a valid general anesthesia permit, or
conscious sedation permit, or possesses a certificate as a provider
of oral conscious sedation to minor patients in compliance with, and
pursuant to, this article.
   (b) Certification as a provider of oral conscious sedation to
minor patients expires at the same time the license or permit of the
dentist expires unless renewed at the same time the dentist's license
or permit is renewed after its issuance, unless certification is
renewed as provided in this article.
   (c) This article shall not apply to the administration of local
anesthesia or a mixture of nitrous oxide and oxygen or to the
administration, dispensing, or prescription of postoperative
medications.



1647.12.  A dentist who desires to administer, or order the
administration of, oral conscious sedation for minor patients, who
does not hold a general anesthesia permit, as provided in Sections
1646.1 and 1646.2, or a conscious sedation permit, as provided in
Sections 1647.2 and 1647.3, shall register his or her name with the
board on a board-prescribed registration form. The dentist shall
submit the registration fee and evidence showing that he or she
satisfies any of the following requirements:
   (a) Satisfactory completion of a postgraduate program in oral and
maxillofacial surgery or pediatric dentistry approved by either the
Commission on Dental Accreditation or a comparable organization
approved by the board.
   (b) Satisfactory completion of a periodontics or general practice
residency or other advanced education in a general dentistry program
approved by the board.
   (c) Satisfactory completion of a board-approved educational
program on oral medications and sedation.



1647.13.  A certificate holder shall be required to complete a
minimum of 7 hours of approved courses of study related to oral
conscious sedation of minor patients as a condition of certification
renewal as an oral conscious sedation provider.  Those courses of
study shall be accredited toward any continuing education required by
the board pursuant to Section 1645.



1647.14.  (a) A physical evaluation and medical history shall be
taken before the administration of, oral conscious sedation to a
minor. Any dentist who administers, or orders the administration of,
oral conscious sedation to a minor shall maintain records of the
physical evaluation, medical history, and oral conscious sedation
procedures used as required by the board regulations.
   (b) A dentist who administers, or who orders the administration
of, oral conscious sedation for a minor patient shall be physically
present in the treatment facility while the patient is sedated and
shall be present until discharge of the patient from the facility.
   (c) The drugs and techniques used in oral conscious sedation to
minors shall have a margin of safety wide enough to render unintended
loss of consciousness unlikely.



1647.15.  The fee for an application for initial certification or
renewal under this article shall not exceed the amount necessary to
cover administration and enforcement costs incurred by the board in
carrying out this article.  The listed fee may be prorated based upon
the date of the renewal of the dentist's license or permit.




1647.16.  Any office in which oral conscious sedation of minor
patients is conducted pursuant to this article shall, unless
otherwise provided by law, meet the facilities and equipment
standards set forth by the board in regulation.



1647.17.  A violation of any provision of this article constitutes
unprofessional conduct and is grounds for the revocation or
suspension of the dentist's permit, certificate, license, or all
three, or the dentist may be reprimanded or placed on probation.  The
proceedings under this section shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part I of Division 3 of
Title 2 of the Government Code, and the board shall have all the
powers granted therein.