WSR 10-23-001

PERMANENT RULES

DEPARTMENT OF HEALTH


(Dental Quality Assurance Commission)

[ Filed November 3, 2010, 2:35 p.m. , effective December 4, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-817-701 Administration of anesthetic agents for dental procedures and 246-817-722 Defibrillator. The adopted rules removed the twenty-four hour on-call availability and the defibrillator (AED) requirement for dental offices only performing local anesthetic (not sedation). The adopted rule also modifies the current AED requirement for dental offices performing sedation by allowing an office to share access to an AED with another business.

Citation of Existing Rules Affected by this Order: Amending WAC 246-817-701 and 246-817-722.

Statutory Authority for Adoption: RCW 18.32.640 and 18.32.0365.

Adopted under notice filed as WSR 10-16-118 on August 2, 2010.

A final cost-benefit analysis is available by contacting Jennifer Santiago, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4893, fax (360) 236-2901, e-mail jennifer.santiago@doh.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: September 17, 2010.

Andrew A. Vorono, D.D.S.

Chair

OTS-2861.2


AMENDATORY SECTION(Amending WSR 09-04-042, filed 1/30/09, effective 3/2/09)

WAC 246-817-701   Administration of anesthetic agents for dental procedures.   The purpose of WAC 246-817-701 through 246-817-790 is to govern the administration of sedation and general anesthesia by dentists licensed in the state of Washington in settings other than hospitals as defined in WAC 246-320-010 and ambulatory surgical facilities as defined in WAC 246-310-010, pursuant to the DQAC authority in RCW 18.32.640.

(1) The DQAC has determined that anesthesia permitting should be based on the "level" of anesthesia because anesthesia/sedation is a continuum, and the route of administration and drug combinations are both capable of producing a deeper level of sedation/anesthesia than is initially intended. Practitioners intending to produce a given level of sedation should be able to rescue patients who enter a state deeper than initially intended.

(2) All anesthesia providers must provide twenty-four hour, on-call availability following an anesthesia procedure, excluding those procedures using only local anesthetic.

(3) The dental assistant and expanded function dental auxiliary may not administer any general or local anesthetic, including intravenous sedation.

[Statutory Authority: RCW 18.32.640 and 18.32.0365. 09-04-042, 246-817-701, filed 1/30/09, effective 3/2/09. Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-701, filed 10/10/95, effective 11/10/95.]


AMENDATORY SECTION(Amending WSR 09-04-042, filed 1/30/09, effective 3/2/09)

WAC 246-817-722   Defibrillator.   (1) Every dental office in the state of Washington that administers ((anesthetic)) minimal, moderate, or deep sedation, or general anesthesia, as defined in WAC 246-817-710, must have an ((automatic)) automated external defibrillator (AED) or defibrillator.

(2) The dentist and staff must ((be prepared)) have access to ((use this equipment)) the AED or defibrillator in an emergency, and it must be available and in reach within sixty seconds.

(3) A dental office may share a single AED or defibrillator with adjacent businesses if it meets the requirements in this section.

[Statutory Authority: RCW 18.32.640 and 18.32.0365. 09-04-042, 246-817-722, filed 1/30/09, effective 3/2/09.]

Washington State Code Reviser's Office