Md. Code Regs. 10.44.12.32

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.44.12.32 - Certification of a Dentist Providing Treatment Outside the Dentist's Location

A. A treating dentist who treats a patient at a practice location other than the dentist's own location, at which anesthesia and sedation are administered to the patient, shall receive a certificate from the Board before treating the patient.

B. To apply for a certificate to treat a patient at a practice location other than the dentist's own location, at which anesthesia and sedation are administered to the patient:

(1) A treating dentist shall:

(a) Apply to the Board on a form approved by the Board;

(b) Possess a Class I, Class II, or Class III permit;

(c) Provide an affidavit to the Board indicating whether the applicant has ever treated a patient under deep sedation or general anesthesia with an incident;

(d) Submit any other pertinent documents or information requested by the Board; and

(e) Pay a nonrefundable fee to the Board as set forth in COMAR 10.44.20; or

(2) A treating dentist shall:

(a) Apply to the Board on a form approved by the Board;

(b) Provide documentation to the Board that the treating dentist has completed a Board-approved training program where the treating dentist received competent training in treating patients under:

(i) Moderate enteral sedation and airway management;

(ii) Moderate parenteral sedation and airway management;

(iii) Deep sedation and airway management; or

(iv) General anesthesia and airway management;

(c) Provide an affidavit to the Board indicating whether the applicant has ever treated a patient under deep sedation or general anesthesia with an incident;

(d) Submit any other pertinent documents or information requested by the Board; and

(e) Pay a nonrefundable fee to the Board as set forth in COMAR 10.44.20.

C. An affidavit provided to the Board under §B(1)(c) or (2)(c) 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.

D. In addition to the requirements contained in §§A-C of this regulation, a treating dentist who applies for a certificate shall maintain a Class I, Class II, or Class III permit for an administration site in the State.

E. The Board may issue a certificate after the Board's review of:

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

(2) The applicant's qualifications;

(3) The applicant's patient records; and

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

F. A certificate issued under this regulation is not specific to a particular practice location.

G. A certificate expires on April 1 of the 5th year following the effective date of the certificate.

H. A dentist who administers anesthesia or sedation pursuant to this regulation shall maintain the appropriate permit for the administration site.

I. A treating dentist who holds a certificate to treat a patient at a practice location other than the dentist's own location, at which anesthesia or sedation are administered to the patient, shall be present in the operatory during the administration of the anesthesia or sedation.

J. Renewal. The Board shall mail a renewal application to each treating dentist who has received a certificate from the Board at least 180 days before the expiration of the certificate.

K. Before the certificate expires, an applicant may apply to renew the certificate for an additional 5-year term if the applicant submits to the Board at least 90 days before the expiration of the certificate:

(1) A renewal application on a form provided by the Board;

(2) An affidavit indicating whether the applicant, since the issuance of the original certificate or renewal, whichever is later, has treated a patient under deep sedation or general anesthesia with an incident;

(3) A nonrefundable fee as set forth in COMAR 10.44.20; and

(4) Any other pertinent documents or information requested by the Board.

L. An affidavit provided to the Board under §J(2) 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.

M. The Board may issue a renewal certificate to a dentist 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 which may affect the applicant's ability to safely and effectively treat patients under anesthesia and sedation.

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

(1) Renews the certificate; or

(2) Denies renewal of the certificate.

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

Md. Code Regs. 10.44.12.32

Regulations .32 under Anesthasia and Sedation, adopted effective January 4, 2010 (36:18 Md. R. 1380)
Regulation .32 amended and recodified from Regulations .31 effective 42:9 Md. R. 648, eff.5/11/2015