Today's Law As Amended


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SB-620 Dentistry: general anesthesia.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 1646.9 of the Business and Professions Code is amended to read:

1646.9.
 (a) A  Notwithstanding any other provision of law, including, but not limited to, Section 1646.1, a  physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) may administer deep sedation or  general anesthesia in the office of a licensed dentist for dental patients, without regard to whether the dentist possesses a permit issued pursuant to this article, if all both  of the following conditions are met:
(1) The physician and surgeon possesses a current license in good standing to practice medicine in this state.
(2) The physician and surgeon holds a valid general anesthesia permit issued by the Dental Board of California pursuant to subdivision (b).
(3) The physician and surgeon meets the requirements of subdivision (d) of Section 1646.1.
(b) (1)  A physician and surgeon who desires to administer deep sedation or  general anesthesia as set forth in subdivision (a) shall apply to the board  Dental Board of California  on an application form prescribed by the board and shall submit all of the following:
(1) (A)  The payment of an application fee prescribed by this article.
(2) (B)  Evidence satisfactory to the Medical Board of California showing that the applicant has successfully completed a postgraduate residency training program in anesthesiology that is recognized by the American Council on Graduate Medical Education, as set forth in Section 2079.
(3) (C)  Documentation demonstrating that all equipment and drugs required by the board are on the premises  Dental Board of California are possessed by the applicant and shall be available  for use in any dental office in which he or she administers deep sedation or  general anesthesia.
(4) (D)  Information relative to the current membership of the applicant on hospital medical staffs.
(c) (2)  Prior to issuance or renewal of a permit pursuant to this section, the board  Dental Board of California  may, at its discretion, require an onsite inspection and evaluation of the facility, equipment, personnel, including, but not limited to, the physician and surgeon, and procedures utilized. At least one of the persons evaluating the procedures utilized by the physician and surgeon shall be a licensed physician and surgeon expert in outpatient deep sedation or  general anesthesia who has been authorized or retained under contract by the board  Dental Board of California  for this purpose.
(d) (3)  The permit of a physician and surgeon who has failed an onsite inspection and evaluation shall be automatically suspended 30 days after the date on which the board notifies the physician and surgeon of the failure unless within that time period the physician and surgeon has retaken and passed an onsite inspection and evaluation. Every physician and surgeon issued a permit under this article shall have an onsite inspection and evaluation at least once every five six  years. Refusal to submit to an inspection shall result in automatic denial or revocation of the permit.
(e) A physician and surgeon who additionally meets the requirements of paragraphs (2) and (3) of subdivision (c) of Section 1646.2 may apply to the board for a pediatric endorsement to provide deep sedation or general anesthesia to a child under seven years of age. A physician and surgeon without sufficient cases to obtain a pediatric endorsement may qualify for the endorsement pursuant to the requirements of subdivision (d) of Section 1646.2.

SEC. 2.

 Section 2079 of the Business and Professions Code is amended to read:

2079.
 (a) A physician and surgeon who desires to administer general anesthesia in the office of a dentist pursuant to Section 1646.9, shall provide the Medical Board of California with a copy of the application submitted to the Dental Board of California pursuant to subdivision (b) of Section 1646.9 and a fee established by the board not to exceed the costs of processing the application as provided in this section.
(b) The Medical Board of California shall review the information submitted and take action as follows:
(1) Inform the Dental Board of California whether the physician and surgeon has a current license in good standing to practice medicine in this state.
(2) Verify whether the applicant has successfully completed a postgraduate residency training program in anesthesiology and whether the program has been recognized by the American Council on Graduate Medical Education.
(3) Inform the Dental Board of California whether the Medical Board of California has determined that the applicant has successfully completed the postgraduate residency training program in anesthesiology recognized by the American Council on Graduate Medicine.