10711.1 All offices holding a Class I, II, or III dental facility certification shall have an on-site physical inspection of the facility as follows:

1. (a) Before receiving a certification from the Board;
2. (b) At least once every four (4) years at each office facility; and
3. (c) If the Board receives a complaint alleging a violation of this chapter and the Board finds that the complaint warrants investigation.

10711.2 At the discretion of the Board, an inspection or re-inspection of an office, dentist, and staff may be scheduled at any time. The Board shall consider such factors as it deems pertinent including, but not limited to, patient complaints and reports of adverse occurrences.

10711.3 A dentist or dental facility may, due to extenuating circumstances, apply for an extension of time to meet the requirements of § 10711.1 by making a written request to the Board. If the Board grants an extension, the length of the extension will be determined by the Board. The written request must include:

1. (a) A complete explanation of the circumstances; and
2. (b) The dentist's or dental facility's plan for completing the on-site inspection requirement.

10711.4 During reasonable business hours, the Board or its designee may conduct unannounced inspection visits of any dental office or facility if the Board has:

1. (a) Received a complaint or has initiated a complaint; and
2. (b) Reason to believe that anesthesia or sedation has been administered:
3. (1) Without an appropriate certification; or
4. (2) In violation of this chapter.

10711.5 Dentists and all associated personnel shall cooperate with the inspectors.

SOURCE: Notice of Final Rulemaking published at 67 DCR 8806 (July 17, 2020).