Minnesota: A dental hygienist may administer nitrous oxide inhalation analgesia in accordance with all of the following: (1) Completion of CPR training and current CPR certification; (2) Usage of only use fail-safe anesthesia equipment capable of positive pressure respiration; (3) Successful completion of a course on the administration of nitrous oxide inhalation analgesia from an institution accredited by the Commission on Dental Accreditation. The course must be a minimum of 12 hours comprised of didactic instruction, personally administering and managing at least three individual supervised cases of analgesia, and supervised clinical experience using fail-safe anesthesia equipment capable of positive pressure respiration; (4) Under the appropriate level of supervision by a dentist who is current with the requirements to administer nitrous oxide inhalation analgesia (Minn. Admin. Code 3100.3600 subp. 4.).
Summary of factual data and analytical methodologies:
This rule implements 2013 Wisconsin Act 354. Numerous other states’ requirements were reviewed and considered while drafting these rules.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Eric.Esser@wisconsin.gov, or by calling (608) 267-2435.
Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone (608) 261-2377; email at Sharon.Henes@wisconsin.gov.
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TEXT OF RULE
Section 1.   DE 3.03 (1) is amended to read:
  DE 3.03 (1) Administer or prescribe, either narcotic or analgesics or systemic-affecting nonnarcotic drugs, or anesthetics except as provided under ch. DE 15.
Section 2.   DE 11.03 (1) is amended to read:
  DE 11.03 (1) A dentist or a dental hygienist who holds a valid certificate under ch. DE 15 may use nitrous oxide inhalation on an outpatient basis for dental patients provided that he or she has utilizes adequate equipment with failsafe features and a 25% minimum oxygen flow.
Section 3.   Chapter DE 15 is created to read:
CHAPTER DE 15
CERTIFICATION OF DENTAL HYGIENISTS TO ADMINISTER NITROUS OXIDE INHALATION ANALGESIA
  DE 15.01 Authority. The rules in this chapter are adopted pursuant to ss. 15.085 (5) (b), 227.11 (2) (a), and 447.02 (2) (j), Stats.
  DE 15.02 Definitions. In this chapter:
  (1) “Accredited” has the meaning given in s. 447.01 (1), Stats.
  (2) “ADA CERP” means american dental association continuing education recognition program.
  (3) “AGD PACE” means academy of general dentistry program approval for continuing education.
  DE 15.03 Qualifications for certification of licensed dental hygienists to administer nitrous oxide inhalation analgesia. The board shall grant certification to administer nitrous oxide inhalation analgesia to an applicant who satisfies all of the following conditions:
  (1) The applicant holds a valid license to practice as a dental hygienist in this state.
(2) The applicant has completed the educational requirements of s. DE 15.05.
  (3) The applicant has submitted the information required in the application under s. DE 15.04.
  DE 15.04 Application procedure. An applicant for a certificate to administer nitrous oxide inhalation analgesia shall file a completed application on a form provided by the board. The application shall include all of the following:
  (1) The dental hygienist license number in this state and the signature of the applicant.
  (2) Evidence of successful completion of a didactic and clinical certification program, resulting in the dental hygienist becoming competent to administer nitrous oxide inhalation analgesia under the delegation and supervision of a dentist, the curriculum of which meets or exceeds the basic course requirements set forth in s. DE 15.05.
  DE 15.05 Educational requirements. The board shall grant certification to administer nitrous oxide inhalation analgesia to a licensed hygienist who completes a certification program that meets all of the following:
  (1) The certification program in the administration of nitrous oxide inhalation analgesia shall be sponsored by an accredited dental or dental hygiene school or be an approved ADA CERP or AGD PACE provider.
  (2) The nitrous oxide inhalation analgesia administration certification program shall provide a minimum of 8 hours of instruction and shall consist of all of the following:
(a) Didactic instruction including all of the following:
1. Legal aspects of nitrous oxide inhalation analgesia administration in Wisconsin.
2. Physiological and psychological aspects of anxiety.
3. Stages of consciousness and the levels of sedation.
4. Respiratory and circulatory physiology and related anatomy.
5. Pharmacology of nitrous oxide.
6. Advantages and disadvantages as well as the indications and contraindications for nitrous oxide inhalation analgesia administration.
7. Patient evaluation, selection, and preparation for nitrous oxide inhalation analgesia administration.
8. The function of the basic components of nitrous oxide inhalation analgesia delivery and scavenging systems including all of the following:
  a. Inspecting all components of the nitrous oxide inhalation analgesia delivery equipment.
  b. Assembling and disassembling components.
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