1. (a) Inspections. The Board, through its authorized agents, may conduct inspections of a dental office with or without prior notice, for the purpose of determining whether the office is in compliance with the equipment and facility requirements prescribed in § 33.340(a)(2), § 33.340a(a)(2) or § 33.340b(a)(2), (relating to duties of dentists who are unrestricted permitholders; duties of dentists who are restricted permit I holders; and duties of dentists who are restricted permit II holders) or as follows:

   1. (1) Upon a death or injury related to the administration of general anesthesia, deep sedation, conscious sedation or nitrous oxide/oxygen analgesia in the office.
   2. (2) Upon a complaint that the office or the dentist who operates the office is not in compliance with this subchapter.
   3. (3) Upon a reasonable belief that conditions exist in the office that pose a danger to the health or safety of the public.
2. (b) Notice of inspection. Prior to the start of an inspection of a dental office, the Board’s authorized agents will advise the dentist whose office is being inspected that the inspection is being made under this section and is limited in scope by this section.

3. (c) Access during inspection. A dentist shall give the Board’s authorized agents access to:

   1. (1) Areas of the dental office where general anesthesia, deep sedation, conscious sedation or nitrous oxide/oxygen analgesia are administered.
   2. (2) Equipment, supplies, records and documents relating to the administration of general anesthesia, deep sedation, conscious sedation or nitrous oxide/oxygen analgesia.
   3. (3) Interviews with auxiliary personnel.
4. (d) Guideline for inspection. An inspection will be conducted under provisions pertaining to office facilities and equipment in § 33.340(a)(2), § 33.340a(a)(2), § 33.340b(a)(2) or § 33.341(2) (relating to duties of dentists who are not permitholders).

5. (e) Inspection showing noncompliance.

   If an inspection reveals that a dental office is not in compliance with the equipment and facility requirements prescribed in § § 3.340(a)(2), 33.340a.(a)(2), 33.340b.(a)(2) or 33.341(2), the Board will give the dentist whose office was inspected written notice of the deficiencies and of the deadline for correcting the deficiencies. A reinspection shall take place within 30 days, and, if noncompliance is still shown, formal administrative charges may be initiated.

Authority

The provisions of this § 33.342 issued under sections 11.2 and 11.3 of The Dental Law (63 P. S. § § 130c and 130d); amended under sections 3(o) and 11.2(a) of The Dental Law (63 P. S. § § 122(o) and 130c(a)).

Source

The provisions of this § 33.342 adopted July 8, 1988, effective July 9, 1988, 18 Pa.B. 3045; amended May 13, 2005, effective May 14, 2005, 35 Pa.B. 2880. Immediately preceding text appears at serial pages (266046) and (266047).