2006 Code of Virginia § 54.1-2709.1 - Certain certification required

54.1-2709.1. Certain certification required.

A. The Board of Dentistry shall promulgate regulations establishing criteriafor certification of board certified or board eligible oral or maxillofacialsurgeons to perform certain procedures within the definition of dentistrythat are unrelated to the oral cavity or contiguous structures, provided suchservices (i) are not for the prevention and treatment of disorders, diseases,lesions and malpositions of the human teeth, alveolar process, maxilla,mandible, or adjacent tissues, or any necessary related procedures, and areservices the training for which is included in the curricula of dentalschools or advanced postgraduate education programs accredited by theCommission of Dental Accreditation of the American Dental Association orcontinuing educational programs recognized by the Board of Dentistry, or (ii)are not provided incident to a head or facial trauma sustained by thepatient. The regulations shall include, but need not be limited to,provisions for: (1) promotion of patient safety; (2) identification andcategorization of procedures for the purpose of issuing certificates; (3)establishment of an application process for certification to perform suchprocedures; (4) establishment of minimum education, training, and experiencerequirements for certification to perform such procedures, includingconsideration of whether a licensee has been granted practice privileges toperform such procedures from an accredited hospital located in theCommonwealth and consideration of the presentation of a letter attesting tothe training of the applicant to perform such procedures from the chairman ofan accredited postgraduate residency program; (5) development of protocolsfor proctoring and criteria for requiring such proctoring; and (6)implementation of a quality assurance review process for such proceduresperformed by certificate holders.

B. In promulgating the minimum education, training, and experiencerequirements for oral and maxillofacial surgeons to perform such proceduresand the regulations related thereto, the Board of Dentistry shall consultwith an advisory committee comprised of three members selected by the MedicalSociety of Virginia and three members selected by the Virginia Society ofOral and Maxillofacial Surgeons. All members of the advisory committee shallbe licensed by the Board of Dentistry or the Board of Medicine and shallengage in active clinical practice. The committee shall have a duty to actcollaboratively and in good faith to recommend the education, training, andexperience necessary to promote patient safety in the performance of suchprocedures. The advisory committee shall prepare a written report of itsrecommendations and shall submit this report to the Board of Dentistry andshall also submit its recommendations to the Board of Medicine for suchcomments as may be deemed appropriate, prior to the promulgation of draftregulations. The advisory committee may meet periodically to advise the Boardof Dentistry on the regulation of such procedures.

C. In promulgating the regulations required by this section, the Board shalltake due consideration of the education, training, and experiencerequirements adopted by the American Dental Association Council on DentalEducation or the Commission on Dental Accreditation. Further, the Board'sregulations shall require that complaints arising out of performance of suchprocedures be enforced solely by the Board of Dentistry and reviewed jointlyby a physician licensed by the Board of Medicine who actively practices in arelated specialty and by an oral and maxillofacial surgeon licensed by theBoard of Dentistry. However, upon receipt of reports of such complaints theBoard of Dentistry shall promptly notify the Board of Medicine which shallmaintain the confidentiality of such complaint consistent with 54.1-2400.2.

(2001, c. 662.)