BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 5, 2016


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                  Rudy Salas, Chair


          AB 2235  
          (Thurmond) - As Amended March 31, 2016


          SUBJECT:  Board of Dentistry:  pediatric anesthesia:  committee.


          SUMMARY:  Requires the Dental Board of California (DBC), on or  
          before March 31, 2017, to establish a committee to investigate  
          current laws and regulations for the use of pediatric anesthesia  
          in dentistry; requires the committee, on or before September 1,  
          2017 to review all pediatric anesthesia incidents between the  
          years of 2011 and 2016 and further requires the committee to  
          review the policies of other states and dental associations, as  
          specified; provides that the committee makes recommendations to  
          the DBC on measures to reduce potential injury or death;  
          provides that the DBC submit a report to the Legislature on or  
          before January 1, 2018, detailing the committee's  
          recommendations and specifies that this report be made  
          publically available; requires a dentist who is permitted to  
          administer general anesthesia or deep sedation to obtain written  
          informed consent, as specified.


          EXISTING LAW:


          1)Provides that the DBC and the Dental Practice Act licenses and  
            regulates those engaged in the practice of dentistry.  
            (Business and Professions Code (BPC) §1600 et seq.)








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          2)Authorizes all committees of the DBC to evaluate all  
            suggestions or requests for regulatory changes related to  
            their committee, and requires the committees to include in any  
            report regarding a proposed regulatory change, at a minimum,  
            the specific language or the proposed change or changes and  
            the reasons therefor and any facts supporting the need for the  
            change. (BPC §1601.3)


          3)Defines "dentistry" as the diagnosis or treatment, by surgery  
            or other method, of diseases and lesions and the correction of  
            malpositions of the human teeth, alveolar process, gums, jaws,  
            or associated structures; and such diagnosis or treatment may  
            include all necessary related procedures as well as the use of  
            drugs, anesthetic agents, and physical evaluation. (BPC §1625)


          4)Defines "general anesthesia," as a controlled state of  
            depressed consciousness or unconsciousness, accompanied by  
            partial or complete loss of protective reflexes, produced by a  
            pharmacologic or nonpharmacologic method, or a combination  
            thereof. (BPC §1646)


          5)Provides that that the educational standards presently  
            required for general anesthesia should be required when the  
            degree of sedation in the continuum of sedation is such that  
            there is a reasonable possibility that loss of consciousness  
            may result, even if unintended. These degrees of sedation have  
            been referred to as "deep sedation" and "light general  
            anesthesia" in dental literature. (BPC §1647(c))


          6)Provides that a licensed physician and surgeon may administer  
            general anesthesia in the office of a licensed dentist for  
            dental patients, without regard to whether the dentist  
            possesses a permit if he or she possesses a current license in  
            good standing to practice medicine in this state, and holds a  
            valid general anesthesia permit issued by the DBC, as  








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            specified. (BPC §1646.9(a))


          7)Requires an applicant for a permit to administer general  
            anesthesia or order the administration of general anesthesia  
            by a nurse anesthetist must be a licensed dentist in  
            California who:





             a)   Has completed a residency program in general anesthesia  
               at least one calendar year; or,
             b)    Has completed a graduate program in oral and  
               maxillofacial surgery which has been approved by the  
               Commission on Dental Accreditation. (Title 16, California  
               Code of  Regulations Section (16 CCR) 1043.1) 


          8)Provides that the office in which general anesthesia is  
            conducted must meet standards of facility and equipment,  
            records maintenance, and emergency drugs on hand, as  
            specified. (16 CCR 1043.3)
          9)Provides that a dental procedure utilizing general anesthesia  
            administered by an applicant for a general anesthesia permit  
            must be observed and evaluated for his or her demonstration  
            that he or she has knowledge of the uses of the equipment  
            required by 16 CCR 1043.3(a) and is capable of using that  
            equipment. (16 CCR 1043.4(a))


          10)Provides that an applicant for a general anesthesia permit  
            must have knowledge of and must physically demonstrate that  
            the applicant (i.e. dentist) and his or her operating team can  
            respond to simulated emergencies, as specified. (16 CCR  
            1043.4)










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          11)Provides that a general anesthesia permit must be renewed  
            biennially upon certification by the permit holder that he or  
            she has met all applicable continuing education requirements,  
            has paid the required fee and if required, has successfully  
            completed an onsite inspection and evaluation. (16 CCR 1043.8)


          12)Requires a physical evaluation and medical history to be  
            taken before the administration of conscious sedation, and  
            further requires a dentist holding a permit to maintain  
            records of the physical evaluation, medical history, and  
            conscious sedation procedures used as required by board  
            regulations. (BPC §1647.6)


          13)Provides that it is unprofessional conduct for a dentist to:  
            (BPC §1682)
             a)   Perform dental procedures having more than one patient  
               undergoing conscious sedation or general anesthesia, on an  
               outpatient basis at any given time, unless each patient is  
               being continuously monitored on a one-to-one ratio while  
               sedated by either the dentist or another licensed health  
               professional authorized by law to administer conscious  
               sedation or general anesthesia.
             b)   Fail to have the patients recovering from conscious  
               sedation or general anesthesia closely monitored by  
               licensed health professionals experienced in the care and  
               resuscitation of patients recovering from conscious  
               sedation or general anesthesia.  If one licensed  
               professional is responsible for the recovery care of more  
               than one patient at a time, all of the patients must be  
               physically in the same room to allow continuous visual  
               contact with all patients and the patient to recovery staff  
               ratio should not exceed three to one.


             c)   Fail to have patients who are undergoing conscious  
               sedation continuously monitored during the dental procedure  
               with a pulse oximeter or similar or superior monitoring  








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               equipment required by the board.


             d)   Have dental office personnel, who are not certified in  
               basic cardiac life support (CPR) and recertified  
               biennially, directly involved with the care of those  
               patients who are undergoing conscious sedation. 


             e)   Fail to obtain the written informed consent of a patient  
               prior to administering general anesthesia or conscious  
               sedation.  In the case of a minor, the consent must be  
               obtained from the child's parent or guardian.


          14)Requires a dentist, registered dental hygienist, registered  
            dental hygienist in alternative practice, or registered dental  
            hygienist in extended functions to report to the board all  
            deaths occurring in his or her practice with a copy sent to  
            the Dental Hygiene Committee of California if the death was  
            the result of treatment by a licensed dentistry professional,  
            as specified. (BPC §1680(z))
          15)States that for general anesthesia, conscious sedation or  
            oral conscious sedation, a minimally depressed level of  
            consciousness should be maintained for that a very young or  
            handicapped individual incapable of the usually expected  
            verbal response. (BPC §§1647.1(c), 1647.10(2) and 1647.18(2))


          THIS BILL:


          1)Requires the Dental Board of California (DBC), on or before  
            March 31, 2017, to establish a committee to investigate  
            current laws and regulations for the use of pediatric  
            anesthesia in dentistry.


          2)Requires the committee, on or before September 1, 2017 to  








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            review all pediatric anesthesia incidents between the years of  
            2011 and 2016 and further requires the committee to review the  
            policies of other states and dental associations.


          3)Requires the committee, on or before January 1, 2018, to make  
            recommendations to the DBC measures to reduce potential injury  
            or death of minors.


          4)Requires the DBC to report, on or before January 1, 2018, to  
            the Legislature committee's recommendations and make this  
            report publically available on its Internet Web site.


          5)Requires a dentist who is permitted to administer general  
            anesthesia or deep sedation to obtain written informed consent  
            of a minor patient's parent or guardian on a form or forms  
            approved the DBC that contains information regarding:


             a)   Increased risk associated with one person simultaneously  
               administering general anesthesia or deep sedation and  
               performing the dental procedure, and
             b)   Increased risk associated with deviating from the use of  
               monitoring technologies that are recommended by the  
               American Academy of Pediatric Dentists.


          6)Specifies that administering general anesthesia or deep  
            sedation includes, but is not limited to, directing the  
            administration of general anesthesia or deep sedation, 
          7)Provides that the information listed in the informed consent,  
            in the case of a minor, is not to be construed as reasonable  
            standard of care administering general anesthesia or deep  
            sedation.


          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  








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          Legislative Counsel. 


          COMMENTS:


          Purpose. According to the author, "Dentists, including oral  
          surgeons, are administering anesthesia, including general  
          anesthesia and sedation, more frequently to children and are  
          using more powerful drugs in their procedures. Dentists are also  
          the only healthcare professionals allowed to perform procedures  
          while simultaneously administering anesthesia. Other healthcare  
          professions require a separate person extensively trained in  
          anesthesia, to administer anesthesia and to monitor the patient.  
          Dentists are also less likely to use recommended monitoring  
          technologies, such as capnography or EKG, when administering  
          anesthesia. As a result, there are a disproportionate number of  
          deaths and injuries, especially of children, linked to dental  
          anesthesia.


          To date, data collection regarding the administration of  
          anesthesia while performing dental operations has been  
          unscientific, unreliable, and inaccessible. Based on their  
          experience with medical professionals, parents do not understand  
          their children are being exposed to additional risks when  
          anesthesia is administered during a dental procedure."


          It is the intent of the author, as this bill moves forward, to  
          make the anonymized data collected in the DBC's review of  
          pediatric anesthesia in dentistry available to the public and to  
          facilitate the epidemiological study of pediatric anesthesia and  
          sedation. The author wishes to establish and maintain a database  
          of adverse events related to pediatric anesthesia and sedation  
          in outpatient settings.


          Use of Anesthesia.  Pursuant to BPC §1647(a), the Legislature  








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          has found, "a commendable patient safety record has been  
          maintained in the past by dentists and those other qualified  
          providers of anesthesia services who, pursuant to a dentist's  
          authorization, administer patient sedation, and that the  
          increasing number of pharmaceuticals and techniques used to  
          administer them for patient sedation require additional  
          regulation to maintain patient safety in the future."


          Previous to 1980, state laws described separate and distinct  
          definitions for general anesthesia and the state of  
          consciousness.  Since then, the Legislature has declared that  
          there exists a continuum of consciousness that may not be  
          predictable in every case.  However, in most instances, the  
          level of consciousness is correlated with the level of sedation.


          According to the author, hard data for the use of pediatric  
          anesthesia in dentistry related incidents of injury or death, is  
          unavailable or inaccessible from the DBC.


          Currently, the state does not delineate the minimum number of  
          people involved in administering general anesthesia during a  
          dental procedure, only that the operating room be large enough  
          to accommodate at least three people.  The author cites more  
          than 20 states that require a person to solely monitor the vital  
          signs of a patient while a separate person performs the dental  
          procedure. The author also asserts that other health professions  
          that administer general anesthesia are required to have the same  
          model.


          DBC Subcommittee.  On February 8, 2016, the Chair of the Senate  
          Committee on Business, Professions and Economic Development  
          (BPED) sent a letter to DBC requesting that the DBC form a  
          subcommittee to investigate pediatric anesthesia in dentistry,  
          and requested that information from that investigation be  
          reported back to the BPED Committee no later than January 1,  








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          2017.


          According to the DBC, at its March 4th, board meeting, a  
          subcommittee was voluntarily created, pursuant to the request of  
          the Chair of the BPED Committee, and two members were appointed  
          to the subcommittee by the DBC Chair, Dr. Morrow: 1) Dr. Bruce  
          Whitcher (Oral and Maxillofacial Surgeon), and 2) Ms. Meredith  
          McKenzie (attorney and public member).


          The subcommittee is charged with reviewing all incident reports  
          related to pediatric anesthesia in California for the years 2011  
          through 2016, inclusive.  The subcommittee will also assess the  
          policies used by other states and dental associations to ensure  
          that California is protecting young patients.


          ARGUMENTS IN SUPPORT: 


           PDI Surgery Center  writes in support, "There is no reason that  
          the California Dental Board should not have patient safety,  
          especially for children, as its first priority. To enable the  
          Dental Board to make the right decisions concerning how to  
          improve patient safety, it needs information about what is  
          happening during adverse events with dental anesthesia. I  
          support creating a database of adverse events that is publicly  
          available to facilitate epidemiological study of dental
          anesthesia. We also support requiring dentists accurately to  
          inform patients, or their parents or guardians, of the risks  
          associated with having the same person perform a procedure and  
          administer anesthesia, or of failing to use appropriate  
          monitoring technologies. Many people believe that general  
          anesthesia and sedation is safe, because in many instances it is  
          safe. But those instances involve a person whose only job during  
          the procedure is to administer the anesthesia and monitor the  
          patient. The American Society of Anesthesiology has specifically  
          warned against having the same person perform a procedure and  








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          administer anesthesiology. Patients should be clearly informed  
          if their dentist is not going to follow that basic safety  
          requirement. Patients should also be clearly informed if their  
          dentist is not using proper monitoring technology."


           California Society of Anesthesiologists  write in support, "We  
          strongly believe that the standard of care regarding the  
          administration and monitoring of anesthesia services must be  
          consistent whether that patient is six or 60 or receiving  
          anesthesia care in a dentist office, ambulatory surgery center,  
          or acute care hospital"


          ARGUMENTS IN OPPOSITION:


           California Dental Association  writes in opposition, "The DBC's  
          urgent attention to this issue, combined with its recent  
          disciplinary action for the incident prompting this legislation,  
          negates the need for [the] amendments. These amendments step out  
          ahead of the review and would hinder meaningful solutions that  
          could come from a thoroughly researched and vetted DBC  
          recommendation.


           Oral and Facial Surgeons of California  writes in opposition,  
          "The declaratory statements in [these] amendments cannot be  
          factually substantiated. In addition, codifying technologies of  
          a private professional health association is very problematic  
          and is not an established legislative practice."


          POLICY ISSUE(S) FOR CONSIDERATION:


          1)The committee established by this bill is charged with  
            reviewing incidents, as specified, in California, the policies  
            and procedures of this state, as well as the policies of other  








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            states and dental associations. In order to gain a  
            comprehensive understanding of the use of pediatric anesthesia  
            in dentistry, the author may wish to consider including  
            studies published about pediatric anesthesia.
          2)For purposes of the Dental Practice Act, a "minor patient" is  
            one who is younger than 13 years of age.  In many other  
            related professions, namely the medical field, a pediatric  
            patient is one who is younger than 18 years of age, unless  
            otherwise specified.  In addition, Family Code 6500 et seq.  
            defines a minor as an individual who is under 18 years of age.  
             The author may wish to consider expanding the committee's  
            research to include patients who are not minors according to  
            the Dental Practice Act, but are statutorily defined as minors  
            in other instances.


          3)It is unclear what influenced the decision for reviews to only  
            cover the past five years.  The author may wish to expand this  
            review to include all incidents on record with the DBC in  
            order to provide a more comprehensive report of incidents.


          4)Should this bill be enacted, a permanent committee will be  
            established within the DBC.  It is unclear whether the current  
            voluntary subcommittee will be converted to the permanent  
            committee mandated by this bill, or if a new committee will be  
            formed in addition to the subcommittee. 


          5)The membership of the committee is not specified in this bill;  
            however, the DBC's voluntary subcommittee is currently  
            comprised of an oral and maxillofacial surgeon and an  
            attorney.  The data collected in the committee's review may  
            shed light on the use of pediatric anesthesia in dentistry,  
            which directly involves the scope of practice of a dental  
            anesthesiologist.  As such, the author may wish to request  
            that the DBC include a dental anesthesiologist. 










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          6)Some national professional organizations recommend that while  
            a person performs a dental procedure involving general  
            anesthesia or deep sedation, a separate person should solely  
            monitor the vital signs of the patient. However, not all  
            professional associations agree that a separate person is  
            necessary because a dentist who has been granted a general  
            anesthesia permit by the DBC has extensive training in  
            administering general anesthesia and associated response to  
            emergency situations. Currently, data to substantiate either  
            model (i.e. a single operator-anesthetist or a separate person  
            to solely monitor vital signs) is difficult to access or is  
            inconsistent. The goal of the committee is to review the data  
            related to pediatric anesthesia in dentistry and make it  
            publically available through a report to the DBC and the  
            Legislature.


          AMENDMENTS:


          1)To address the issue of breadth, the author should amend the  
            bill as follows:
               On page 3, line 4, after "dental associations" insert "as  
               well as studies regarding the use of pediatric anesthesia"


          2)The report that the DBC submits to the legislature should  
            have, at minimum, anonymized patient information regarding his  
            or her demographic, primary diagnosis and conditions of the  
            procedure. The author should amend the bill as follows:
               On page 3, line 18, strike "Web site." and insert 


               "Web site, and shall include, but is not limited to, the  
               following anonymized demographic data of each patient  
               reviewed: his or her age, weight and sex; his or her  
               primary diagnosis; the procedures performed; the sedation  
               setting; the medications used; the monitoring equipment  
               used; the provider responsible for sedation oversight; the  








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               provider delivering sedation; the provider monitoring the  
               patient during sedation; whether the sedation supervision  
               performed one or more of the procedures."


          3)The information gathered in the committee's review will be a  
            snapshot of information regarding the incidents of deaths  
            connected to pediatric anesthesia. In order for the DBC to  
            continue monitoring the use of pediatric anesthesia, a report  
            of pediatric deaths related to general anesthesia or deep  
            sedation in dentistry should be submitted each time the DBC is  
            reviewed pursuant to BPC Section 1601.1(d). The author should  
            amend the bill as follows:



          After Section 1601.4, insert
                                                           




          "The board shall provide a report on pediatric deaths related to  
          general anesthesia or deep sedation in dentistry at the time of  
          its regular review as referenced in Business and Professions  
          Code Section 1601.1(d)."





          4)The committee should be allowed to conduct its review and  
            submit its findings to the DBC and the Legislature in order to  
            provide evidence of greater risk involving a single person  
            administering anesthesia while simultaneously performing the  
            dental procedure. Additionally, the recommendations provided  
            by the AAPD may change without regard to state law. The author  
            should amend the bill as follows:
               On page 4, lines 9-10, strike "be obtained from the child's  








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               parent or guardian." and insert "contain the following  
               information:"


               and on page 4, strike lines 14-22 and insert 


               "All sedation and anesthesia medications involve risks of  
               complications and serious possible damage to vital organs  
               such as the brain, heart, lung, liver, and kidney, and in  
               some cases use of these medications may result in  
               paralysis, cardiac arrest, or death from both known and  
               unknown causes. As such, use of appropriate monitoring  
               equipment, as referenced in Business and Professions Code  
               Section 1682(c), is required."


          REGISTERED SUPPORT:  


          PDI Surgery Center


          California Society of Anesthesiologists


          39 individuals


          REGISTERED OPPOSITION:  


          California Dental Association


          Oral and Facial Surgeons of California











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          Analysis Prepared by:Gabby Nepomuceno / B. & P. / (916) 319-3301