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2018 Georgia Code 43-11-21 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-11-21 Case Law from Google Scholar Amendments to OCGA 43-11-21

TITLE 43 PROFESSIONS AND BUSINESSES

Section 11. Dentists, Dental Hygienists, and Dental Assistants, 43-11-1 through 43-11-82.

ARTICLE 1 GENERAL PROVISIONS

43-11-21. Conscious sedation.

  1. No dentist licensed and practicing in the State of Georgia shall administer either single or multiple pharmacologic agents by oral, parenteral, enteral, transdermal, or transmucosal route that renders a patient to a state of conscious sedation as defined in Code Section 43-11-1, unless such dentist has been issued a permit by the board under the conditions specified therefor in this Code section. The dentist shall ensure that the pharmacologic agents and methods used to administer such agents shall include a margin of safety so that loss of consciousness of the patient is unlikely. This Code section shall not restrict the use of nitrous oxide or pharmacological agents that do not render a patient to a state of conscious sedation. Such permit shall be subject to biennial renewal at the time the dentist is required to renew that dentist's license to practice dentistry. It shall be the responsibility of the dentist to provide such information as the board may require and to pay the separate initial issuance and renewal fees for the permit as may be established by the board.
  2. No dentist shall be issued a permit under this Code section unless the board has received satisfactory evidence that such dentist:
    1. Has received formal training in the use of conscious sedation at an institution accredited by the Commission on Dental Accreditation of the American Dental Association (ADA), its successor agency, or other board approved organization and is certified by such organization as competent in the administration of pharmacologic agents for conscious sedation and the handling of emergencies relating to conscious sedation. Such certification shall specify the type, number of hours, and length of training. The minimum didactic hours, patient contact hours, and number of patients sedated under supervision shall be established by rule or regulation of the board;
    2. Utilizes a properly equipped facility for the administration of conscious sedation, including physical plant and equipment, which has been evaluated and certified by an on-site examination; and
    3. Has demonstrated to the satisfaction of the board or any designee thereof proficiency in administering sedative techniques in the dentist's office on a patient or patients in a safe and effective manner.
  3. In enforcing the provisions of this Code section, the board is authorized to designate qualified persons to perform the on-site examinations and is further authorized to provide by rule or regulation for standards for physical plant, equipment, and personnel to be utilized in the induction of conscious sedation.
  4. The board or its appointed designee may, upon reasonable notice, make on-site inspections of the facility, equipment, and personnel of a dentist issued a permit under this Code section to determine if the standards of paragraph (2) of subsection (b) of this Code section are being maintained.
    1. The board may, upon proper application, grant a provisional permit to administer conscious sedation to any dentist who meets the requirements of paragraph (1) of subsection (b) of this Code section.
    2. A provisional permit issued under this subsection shall expire six months after its issuance or upon the board's determination by site visit that the requirements of paragraph (2) or (3) of subsection (b) of this Code section have not been met, whichever occurs earlier. The provisional permit may be renewed once, at the discretion of the board, for a period not to exceed six months following the original expiration date.
  6. A dentist holding a current, valid permit to administer general anesthesia as provided in this chapter shall not be required to obtain a permit under this Code section in order to administer conscious sedation.
  7. A permit issued under this Code section may be revoked or not renewed if the board determines that the dentist holding such permit no longer meets any requirement of subsection (b) of this Code section. The board shall provide notice and opportunity for hearing under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," in any case in which it revokes or refuses to renew a permit, provided that summary action regarding such permit shall be authorized under Code Section 50-13-18.
    1. This Code section shall not prohibit a person who is duly licensed to practice medicine in this state and who is a member of the anesthesiology staff of an institution classified as a hospital and issued a permit as an institution under Code Section 31-7-1 from administering conscious sedation in a dental facility, except that such anesthesiologist shall remain on the premises of the dental facility until any patient given conscious sedation by such anesthesiologist is stabilized and has regained consciousness.
    2. This Code section shall not prohibit a person who is duly licensed as a certified registered nurse anesthetist in this state from administering conscious sedation in a dental facility, provided that such sedation is administered under the direction and responsibility of a dentist duly permitted under this Code section and that such nurse anesthetist shall remain on the premises of the dental facility until any patient given conscious sedation by such nurse anesthetist is stabilized and has regained consciousness.

(Code 1981, §43-11-21, enacted by Ga. L. 1987, p. 932, § 3; Ga. L. 1994, p. 97, § 43; Ga. L. 1998, p. 179, § 1; Ga. L. 2004, p. 720, § 3.)

Cross references.

- Certified registered nurse anesthetists, § 43-26-11.1.

Editor's notes.

- Ga. L. 1987, p. 932, § 3, effective July 1, 1987, repealed the former Code section and enacted the current Code section. The former Code section, concerning general anesthesia, was based on Ga. L. 1981, p. 726, § 1. For present provisions concerning general anesthesia, see Code Section 43-11-21.1.

Administrative Rules and Regulations.

- Sedation permits, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Dentists, Chapter 150-13.

RESEARCH REFERENCES

Anesthesiology Malpractice Litigation, 70 Am. Jur. Trials 101.

Cases Citing O.C.G.A. § 43-11-21

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Goldstein, Garber & Salama, LLC v. J. B., 300 Ga. 840 (Ga. 2017).

Cited 74 times | Published | Supreme Court of Georgia | Feb 27, 2017 | 797 S.E.2d 87

...ause of J. B.’s injuries, but see Division 1, supra, the Court of Appeals erred in its analysis regarding negligence per se. As that Court noted, J. B.’s claim of negligence per se rested upon GGS’s violation of permitting requirements of OCGA § 43-11-21.1,6 which *845governs when dentists may administer general anesthesia, or have it administered by a CRNA under a dentist’s supervision. Although it was admitted that the dentists who were employees or agents of GGS did not have the permits required by OCGA § 43-11-21.1 (a), that alone does not establish negligence per se....
...and the harm complained of was the harm the statute was intended to guard against.” Murphy v. Bajjani, 282 Ga. 197, 200 (2) (647 SE2d 54) (2007) (Citation omitted.) Although J. B. falls within the class of persons intended to be protected by OCGA § 43-11-21.1, the question is whether sexual assault is the type of harm the statute is intended to guard against. Although nothing in OCGA § 43-11-21.1 suggests that such harm is contemplated thereby, the Court of Appeals looked elsewhere in the same chapter of the Code in which OCGA § 43-11-21.1 is found, and identified purported authority for its finding that sexual assault is a harm that OCGA § 43-11-21.1 “was intended to guard against.” Murphy, supra....
...Regas II; Shamp Speed Jordan & Woodward, Jenn ifer A. Jordan, for appellee. Hun ter Maclean Exley & Dunn, Kirby G. Mason, Allan C. Galis; Emily M. Hetherington; Langdale Vallotton, William P. Langdale III; Charles M. Cork III; Simon Weinstein, amici curiae. We disagree. Rather, the language of OCGA § 43-11-21.1 shows that its concern is to avoid medical complications that may arise in a dental setting from improper use of anesthesia due to improper training and experience, or inadequate equipment. See OCGA § 43-11-21.1 (b)....
...of a tort, and the plaintiffs must still prove a causal connection (proximate cause) between the breach of this statutory duty and the injuries sustained by [the plaintiffs], as well as their damages.” Central Anesthesia, supra at 730 (1). OCGA § 43-11-21.1 reads: (a) No dentist shall administer general anesthesia on an outpatient basis unless such dentist has been issued a permit by the board under the conditions specified in this Code section....