Code Section Group

Business and Professions Code - BPC

DIVISION 2. HEALING ARTS [500 - 4999.129]

  ( Division 2 enacted by Stats. 1937, Ch. 399. )

CHAPTER 4. Dentistry [1600 - 1976]

  ( Chapter 4 added by Stats. 1937, Ch. 415. )

ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.36]
  ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. )

1647.30.
  

(a) As used in this article, “minimal sedation” means a drug-induced state during which patients respond normally to verbal commands. Although cognitive function and coordination may be impaired, airway reflexes, ventilatory, and cardiovascular functions are unaffected.

(b) The drugs and techniques used in minimal sedation shall have a margin of safety wide enough to render unintended loss of consciousness unlikely. Further, patients who require tactile stimulation to elicit a response to verbal commands shall not be considered to be in a state of minimal sedation.

(c) For the very young or developmentally delayed individual, incapable of the usually expected verbal response, a minimally depressed level of consciousness should be maintained.

(Added by Stats. 2018, Ch. 929, Sec. 9. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.36.)

1647.31.
  

(a) A dentist may administer or order the administration of pediatric minimal sedation on an outpatient basis for pediatric dental patients under 13 years of age, if one of the following conditions is met:

(1) The dentist holds a current permit for deep sedation and general anesthesia, or holds a current permit for moderate sedation with a pediatric endorsement, or obtains a pediatric minimal sedation permit.

(2) The dentist possesses a current permit under Section 1638 or 1640 and holds a valid deep sedation and general anesthesia permit, a moderate sedation permit with a pediatric endorsement, or obtains a pediatric minimal sedation permit.

(b) A dentist who administers or orders the administration of pediatric minimal sedation shall be physically present in the treatment facility while the patient is sedated.

(c) A dentist with a pediatric minimal sedation permit shall possess the training, equipment, and supplies to rescue a patient from an unintended deeper level of sedation.

(d) This article does not apply to the administration of local anesthesia, moderate sedation, deep sedation, or general anesthesia.

(Added by Stats. 2018, Ch. 929, Sec. 9. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.36.)

1647.32.
  

(a) A dentist who desires to administer or order the administration of pediatric minimal sedation shall apply to the board on an application form prescribed by the board. The dentist shall possess a current license in good standing, submit an application fee, and produce evidence showing that he or she has successfully completed training in pediatric minimal sedation that meets the requirements of subdivision (c).

(b) The application for a permit shall include documentation that equipment and drugs required by the board are on the premises.

(c) Training in the administration of pediatric minimal sedation shall be acceptable if it meets either of the following as approved by the board:

(1) Consists of at least 24 hours of pediatric minimal sedation instruction in addition to one clinical case. The pediatric minimal sedation instruction shall include training in pediatric monitoring, airway management, and resuscitation and patient rescue from moderate sedation.

(2) Completion of a CODA-approved residency in pediatric dentistry.

(d) A dentist shall be limited to administering a single drug whose primary purpose is sedative via the oral route, either singly or in divided doses, not to exceed the manufacturer’s maximum recommended dose, plus a mix of nitrous oxide and oxygen and adjunctive agents such that the drugs either singly or in combination are unlikely to produce a state of unintended moderate sedation. This section shall not be construed to restrict the administration of adjunctive medication intended to relieve pain, affect the onset or duration of the primary sedative agent, or to reduce the side effects of sedation, including nausea or emesis.

(e) The operating dentist and a minimum of one additional personnel who are both trained in the monitoring and resuscitation of pediatric patients, as approved by the board, shall be present during the administration of minimal sedation.

(Added by Stats. 2018, Ch. 929, Sec. 9. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.36.)

1647.33.
  

(a) The application fee for a pediatric minimal sedation permit or renewal under this article shall not exceed the amount prescribed in Section 1724.

(b) It is the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.

(Added by Stats. 2018, Ch. 929, Sec. 9. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.36.)

1647.34.
  

A violation of any provision of this article constitutes unprofessional conduct and is grounds for the revocation or suspension of the dentist’s permit or license, or both. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.

(Added by Stats. 2018, Ch. 929, Sec. 9. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.36.)

1647.35.
  

A permitholder who has a permit that was issued before January 1, 2022, that authorized the permitholder to administer or order the administration of oral conscious sedation for minor patients under prior Article 2.85 (commencing with Section 1647.10) may follow the terms of that existing permit until it expires. Any permit issued or renewed pursuant to this article on or after January 1, 2022, shall require the permitholder to follow the requirements of this article.

(Added by Stats. 2018, Ch. 929, Sec. 9. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.36.)

1647.36.
  

This article shall become operative on January 1, 2022.

(Added by Stats. 2018, Ch. 929, Sec. 9. (SB 501) Effective January 1, 2019.)

BPCBusiness and Professions Code - BPC2.87