(a) No dentist licensed and practicing in the State of Georgia shall administer either multiple pharmacologic agents by oral route or single or multiple pharmacologic agents by parenteral route for the purpose of conscious sedation unless such dentist has been issued a permit by the board under the conditions specified therefor in this Code section. However, this Code section shall not restrict the use of either nitrous oxide, a single pharmacologic agent, or both, administered by oral route in accordance with acceptable and prevailing practices. 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.

(b) On and after July 1, 1988, 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, or its successor agency, and is certified by such institution 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.

(c) Prior to July 1, 1988, the board may issue a permit to administer conscious sedation to any dentist licensed in the State of Georgia presently using conscious sedation on a regular basis, provided such dentist:

(1) Passes a written examination as may be administered or designated by the board, which shall demonstrate sufficient knowledge of the principles and techniques of conscious sedation and in the prevention, recognition, and management of complications that may occur during the use of conscious sedation;

(2) Meets the requirements of paragraphs (2) and (3) of subsection (b) of this Code section; and

(3) Meets all additional training required by the board for any dentist who has experienced an incidence of morbidity or mortality relating to the use of conscious sedation. (d) 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.

(e) 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.

(f)(1) The board may, upon proper application, grant a provisional permit to administer conscious sedation under the following circumstances:

(A) Prior to July 1, 1988, to any licensed dentist who is presently utilizing conscious sedation on a regular basis and who has had no incidence of morbidity or mortality relating to such use of conscious sedation; and

(B) On and after July 1, 1988, 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.

(g) 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.

(h) 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.

(i)(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.