(a) Sedation and anesthesia permits.

1. (1) Nitrous oxide/oxygen inhalation analgesia: does not require a permit or registration with the Arkansas State Board of Dental Examiners.
2. (2) Minimal sedation: no permit is required for minimal sedation.

3. (3) Moderate sedation, deep sedation, and general anesthesia:

   1. (A) Requires a permit for the dentist administering sedation/anesthesia; and
   2. (B) Requires a Facility Permit.

(b) Obtaining a permit — Moderate Sedation Permit, Deep Sedation Permit, and General Anesthesia Permit.

1. (1) In order to receive a Moderate Sedation Permit, Deep Sedation Permit, or a General Anesthesia Permit, the dentist must:

   1. (A) Apply on an application form to the board;
   2. (B) Submit the required application fee; and
   3. (C) Submit documentation showing that the educational requirements have been met.

2. (2)

   1. (A) Applicants who have applications approved by the board are issued a permit.
   2. (B) A self-evaluation and compliance form (available from the board) must be completed and submitted before any moderate sedation, deep sedation, or general anesthesia usage can begin.

3. (3)

   1. (A) After the Deep Sedation–General Anesthesia Permit has been issued, the board requires an on-site inspection of the facility, equipment, and credentials of the personnel to determine if, in fact, the personnel, equipment, and facility requirements have been met.
   2. (B) The evaluation shall be conducted as outlined in this part.

4. (4)

   1. (A) At the discretion of the board, a reevaluation of an office, dentist, and staff may be scheduled at any time.
   2. (B) The board shall consider such factors as it deems pertinent including, but not limited to, patient complaints and reports of adverse occurrences.

5. (5)

   1. (A) Moderate Sedation, Deep Sedation, and General Anesthesia Permits must be renewed at the same time each year a dentist renews his or her license to practice dentistry.
   2. (B) Failure to renew a permit will cause the forfeiture of the permit and once forfeited, reapplication and reevaluation will be required.
   3. (C) Forfeiture of a permit will immediately terminate the authority of a dentist to administer:

(i) Moderate sedation;

1. (ii) Deep sedation; or

   1. (iii) General anesthesia.

      1. (c) Facility Permits.

2. (1)

   1. (A) Every dental office, clinic, or facility where moderate sedation is to be administered to patients must have a Moderate Sedation Facility Permit issued by the board.

   2. (B)

      1. (i) The dentist/owner of the practice or the dentist who is the primary provider of dental care in the office must complete a self-inspection Facility Permit application.
      2. (ii) Said application will be kept on file by the board.
   3. (C) The board may, on a random basis, inspect any facility holding a Moderate Sedation Facility Permit.
   4. (D) No moderate sedation shall be performed until the facility self-inspection form is received by the board and a Facility Permit issued.
   5. (E) Facility Permits are required for all offices where Level 3 permits are converted to Moderate Sedation Permits on the date of adoption of this part.
   6. (F) Dentists being reclassified from Level 3 to Moderate Sedation will have ninety (90) days from the date of adoption of this part to submit their self-inspection forms and have a Facility Permit issued.
   7. (G) Any dentist providing moderate sedation without a Facility Permit after the ninety-day grace period will be subject to having charges filed with the board for providing moderate sedation without a Facility Permit.

3. (2)

   1. (A) Every dental office, clinic, or facility where deep sedation or general anesthesia is to be administered to patients must be inspected and meet the standards for a facility listed in this subpart and have a Facility Permit issued by the board.
   2. (B) No deep sedation or general anesthesia shall be performed until the facility has been inspected and a Facility Permit issued.

4. (3) To obtain a Deep Sedation–General Anesthesia Facility Permit, the dentist owning said facility must:

   1. (A) Apply on an application form to the board; and
   2. (B) Submit the required application fee to have the facility inspected.

5. (4)

   1. (A) All Facility Permits must be renewed at the same time each year that a dentist renews his or her license to practice dentistry.
   2. (B) Failure to renew the permit will cause the forfeiture of the permit, and once forfeited, reapplication and reinspection will be required.
   3. (C) Forfeiture of a Facility Permit will immediately terminate the authority of a dentist to have moderate sedation, deep sedation, or general anesthesia administered in the facility.