reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-12 - Administration of Anesthesia by Dentists › Section 5-12-5 - Equipment and Emergency Drugs

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Equipment used for the purposes stated in this rule shall be inspected,
				calibrated and certified as safe to use according to the manufacturer's
				specifications and in compliance with applicable law.
5.2. The dentist's facilities shall contain
				the following during all levels of sedation procedures and during recovery.
5.2.1. An operating room large enough to
				adequately accommodate the patient on an operating table or in an operating
				chair and to allow the operating team to freely move about the
				patient;
5.2.2. An operating table
				or chair which permits the patient to be positioned so the operating team can
				maintain the patient's airway, quickly alter the patient's position in an
				emergency, and provide a firm platform for the administration of basic life
				support;
5.2.3. A lighting system
				which permits evaluation of the patient's skin and mucosal color and a backup
				lighting system of sufficient intensity to permit completion of any operation
				underway in the event of a power failure.
5.2.4. Suction equipment which permits
				aspiration of the oral and pharyngeal cavities;
5.2.5. An oxygen delivery system that will
				insure appropriate continuous oxygen delivery;
5.2.6. A nitrous oxide delivery system with a
				fail-safe mechanism that will insure appropriate continuous oxygen delivery and
				a scavenger system, if nitrous oxide is used;
5.2.7. A recovery area that has available
				oxygen, adequate lighting, suction and electrical outlets. The recovery area
				may be the operating room;
5.2.8.
				Appropriate blood pressure monitoring and a pulse oximeter;
5.2.9. An emergency drug kit as developed,
				updated and published by the Board; and
5.2.10. An external defibrillator device for
				class 2, 3 and 4 levels of sedation.
5.2.11. All equipment and medication dosages
				shall be in accordance with the age, height and weight of the patient being
				treated.
5.2.12. Monitoring of
				breathing, respiration and airway management as described by the ADA Guidelines
				for the Use of Sedation and General Anesthesia by Dentists, ASA Standards,
				Guidelines and Statements for the practice of Anesthesiology, the AAOMS Office
				Anesthesia Evaluation Manual, or the AAPD Guideline for Monitoring and
				Management of Pediatric Patients During and After Sedation for Diagnostic and
				Therapeutic Procedures.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-12 - Administration of Anesthesia by Dentists › Section 5-12-6 - Qualified Monitors

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				individuals acting as a qualified monitor during sedation procedures shall
				apply to the Board for a qualified monitor certificate, on a form provided by
				the Board. The application shall be accompanied by the appropriate application
				fees and/or renewal fees, no part of which are refundable. The certification
				shall be renewed annually. Qualified monitor certificates are to be posted in
				the facility and supporting documentation shall be available for
				inspection.
6.2. Qualified monitors
				shall complete the following educational or certification requirements:
6.2.1. Relative analgesia/minimal sedation -
				the qualified monitor shall possess a current health care provider BLS/CPR
				certification. A qualified monitor certification is not required for this level
				of sedation.
6.2.2.
				Anxiolysis/minimal sedation - the qualified monitor shall possess a current
				health care provider BLS/CPR certification.
6.2.3. Conscious sedation/moderate sedation
				as limited enteral (3a) or comprehensive parenteral (3b) - the qualified
				monitor shall possess a current health care provider BLS/CPR certification and
				have successfully completed an AAOMS or AAPD anesthesia assistants
				certification program or an equivalent.
6.2.4. General anesthesia/deep conscious
				sedation - the qualified monitor shall possess a current health care provider
				BLS/CPR certification and have successfully completed an AAOMS or AAPD
				anesthesia assistants certification program or an equivalent.
6.2.5. When monitoring a nitrous oxide unit,
				for all levels of sedation, including relative analgesia/minimal sedation, a
				monitor shall apply for a certificate to monitor nitrous oxide from the Board,
				on a form provided by the Board. The application shall be accompanied by the
				appropriate application fees, no part of which are refundable. Qualified
				monitors shall have received training and be competent in the recognition and
				treatment of medical emergencies, monitoring vital signs, the operation of
				nitrous oxide delivery systems and the use of the sphygmomanometer and
				stethoscope.
6.2.6. Registered
				Nurses, Licensed Practical Nurses, Paramedics, and Emergency Medical
				Technicians and those individuals qualified by ACLS or PALS shall maintain
				current certification, registration or licensure.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-12 - Administration of Anesthesia by Dentists › Section 5-12-7 - Continuous Monitoring

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A
				patient undergoing any level of sedation shall be continually monitored until
				discharge criteria have been met.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-12 - Administration of Anesthesia by Dentists › Section 5-12-8 - Inspection and/or Evaluation Failures

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Board shall notify, in writing, a
				dentist who fails an initial or subsequent inspection and/or evaluation for a
				Class 3 or 4 permit.
8.2. A dentist
				who has been notified of a failure from the Board shall not administer any
				level of sedation requiring a permit until he or she successfully completes
				inspection and evaluation. A dentist who administers such sedation after being
				notified of a failure is subject to disciplinary action pursuant to W. Va. Code
				§§
									30-4-19
				and
				30-4A-16.
8.3. A dentist who has received a
				notification of failure from the Board may, after 30 days of receipt of the
				notification, request in writing a new inspection and/or re-evaluation. The
				request for a reevaluation shall state specific grounds supporting
				it.
8.4. If the new inspection
				and/or reevaluation is granted by the Board, it shall be conducted by a
				different team of subcommittee members. The subcommittee team shall schedule
				the reevaluation within ninety days of receipt of the request and shall
				complete the evaluation within one hundred fifty days of receipt of the
				request.
8.5. A dentist who fails a
				reinspection and/or reevaluation for a Class 3 or 4 permit may not request
				another inspection and/or evaluation until after one year of receipt of the
				notification of the second failure. The dentist may not administer any level of
				sedation requiring a permit, as stated in subsection 8.2.
8.6. The Subcommittee may recommend that a
				dentist complete remedial training or continuing education prior to any future
				inspections and/or re-evaluations on a case by case basis.
8.7. Nothing in this section prohibits the
				Board from issuing a cease and desist order to a dentist applying for or
				holding a Class 3 or 4 permit from administering any level of sedation,
				permitted or otherwise.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-12 - Administration of Anesthesia by Dentists › Section 5-12-9 - Change of Employment or Address; Change of or additional facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Every
				qualified monitor certified by the Board shall report a change of employment to
				the Board office within twenty-four hours. A monitor shall report a change of
				residence within thirty days.
9.2.
				Every class 2 anesthesia permit holder who desires to change or add a facility
				where anesthesia services are to be rendered shall report the same to the Board
				office, complete any necessary requirements, and receive authorization from the
				Board before administering anesthesia services in the new or additional
				facility.
9.3. Every class 3 or 4
				anesthesia permit holder who desires to change or add a facility where
				anesthesia services are to be rendered shall report to the Board office in
				writing sixty days prior to the anticipated start date to allow the Board to
				schedule a facility inspection and upon successful inspection shall receive
				authorization from the Board before administering anesthesia services in the
				new or additional facility.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-13 - Expanded Duties of Dental Hygienists and Dental Assistants › Section 5-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				legislative rule establishes expanded duties of dental hygienists and dental
				assistants.
1.2. Authority. -- W.
				Va. Code §
									30-4-6.
1.3. Filing Date. -- May 3, 2022
1.4. Effective Date. -- July 1,
				2022
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2032.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-13 - Expanded Duties of Dental Hygienists and Dental Assistants › Section 5-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				West Virginia Board of Dentistry.
2.2. "Dental auxiliary personnel" or
				"auxiliary" means dental hygienists or dental assistants who assist the dentist
				in the practice of dentistry.
2.3.
				"Direct supervision" means supervision of dental auxiliary personnel provided
				by a licensed dentist who is physically present in the dental office or
				treatment facility when procedures are being performed.
2.4. "Final evaluation" means the supervising
				dentist has evaluated the dental auxiliary's work to ensure expanded duties are
				performed to the standard of care for the practice of dentistry.
2.5. "General supervision" means a dentist is
				not required to be in the office or treatment facility when procedures are
				being performed by the dental auxiliary personnel, but has personally diagnosed
				the condition to be treated, has personally authorized the proceduresand will
				evaluate the treatment provided by the dental auxiliary personnel.
2.6. "Prior approval" means the supervising
				dentist has determined the dental auxiliary is competent to perform expanded
				duties requiring prior approval and has approved these duties be performed
				before they are necessary.
2.7.
				"Public health practice" means treatment or procedures in a public health
				setting designated by a rule promulgated by the Board to require direct,
				general or no supervision of a dental hygienist by a licensed
				dentist.
2.8. "Screening" means a
				general assessment of oral health conditions not to be considered a
				comprehensive, periodic or limited exam.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-13 - Expanded Duties of Dental Hygienists and Dental Assistants › Section 5-13-3 - General Assignment of Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Licensed dentists may assign to their
				employed dental hygienists or assistants intraoral tasks asset out in this
				section for dental hygienists or assistants, subject to the following
				conditions:
3.1.1. The performance of
				intraoral tasks by dental hygienists and a dental assistant shall be under the
				direct supervision of the employer dentist;
3.1.2. The following procedures may not be
				assigned to a dental hygienist or assistant or to any other person not licensed
				to practice dentistry:
3.1.2.a. Diagnosis,
				treatment planning and prescription (including prescriptions for drugs and
				medicaments or authorizations for restorative, prosthodontic or orthodontic
				appliances); or
3.1.2.b. Surgical
				procedures on hard and soft tissue within the oral cavity or any other
				intraoral procedure that contributes to or results in an irremediable
				alteration of the oral anatomy; and
3.1.3. The licensed dentist assigning
				expanded duties to a dental hygienist or assistant is solely responsible for
				evaluating the dental hygienist or assistant to determine that he or she is
				competent to handle assigned duties. A licensed dentist shall not assign
				additional duties to a dental hygienist or assistant until he or she is assured
				that the dental hygienist or assistant is fully competent and completely
				qualified to perform the assigned expanded duty or duties.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-13 - Expanded Duties of Dental Hygienists and Dental Assistants › Section 5-13-5 - Expanded duties of Dental Hygienists

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Expanded duties of dental hygienists. In
				addition to and including those duties set forth in subsection 4.1 of this
				rule, the following duties and/or intraoral tasks may be assigned by a licensed
				dentist to a dental hygienist in the licensed dentist's employment:
5.1.1. Supra - and subgingival scaling of
				teeth;
5.1.2. Polishing of coronal
				and/or exposed surfaces of teeth;
5.1.3. Dental health education;
5.1.4. Nutritional counseling;
5.1.5. Recording periodontal
				findings;
5.1.6. Scaling excessive
				cement from the surfaces of teeth and restorations;
5.1.7. Performing screenings and diagnostic
				tests of teeth and surrounding tissues and recording findings for
				interpretation by a supervising dentist (including such procedures as
				restorative chartings, caries activity test, cytology smears, salivary analysis
				and smears, vitality test, etc.);
5.1.8. Placing of subgingival medicaments,
				fibers, chips, etc.;
5.1.9.
				Finishing and polishing restorations with a slow speed hand piece;
5.1.10. Debridement and/or root planing of
				teeth;
5.1.11. Applying bleaching
				agents;
5.1.12. Placing periodontal
				dressings with a final evaluation by the supervising dentist;
5.1.13. Administration of infiltration and
				block anesthesia after successful completion of a board-approved course and of
				a regional board examination and under the direct supervision of a licensed
				dentist;
5.1.13.a. A hygienist shall apply for
				a certificate from the Board for the administration of infiltration and block
				anesthesia using a form prescribed by the Board and pay a fee as set forth in
				the Board's rule. Fees Established by the Board, 5CSR3; and
5.1.14. Use of a laser, provided
				the wavelength is limited to no higher than 1064 nanometers, for laser
				bacterial reduction, laser assisted periodontal therapy, other non-surgical
				periodontal therapeutic treatments, photobiomodulation (adjunctive low level
				laser therapy) and treatment of herpetic lesions and aphthous ulcers after
				successful completion of a board-approved course and under the direct
				supervision of a licensed dentist.
5.1.14.a. A
				hygienist shall apply for a certificate from the Board to provide non-surgical
				periodontal treatment with the use of a laser using a form prescribed by the
				Board. The application fee shall be equal to the local anesthesia application
				fee as set forth in the Board's rule. Fees Established by the Board,
				5CSR3.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				legislative rule regulates mobile dental facilities.
1.2. Authority.- W.Va. Code §
									30-4-6.
1.3. Effective Date.- May 1,2014
1.4. Filing Date. -
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule and unless the context clearly requires
				  a different meaning, the following terms shall have the meanings ascribed in
				  this section.
2.1. Board - means West
				Virginia Board of Dentistry.
2.2.
				Dental Home - means a licensed primary dental care provider who has an ongoing
				relationship with a patient where comprehensive oral health care is
				continuously accessible, coordinated, family-centered and provided in
				compliance with the policies of the American Dental Association.
2.3. Mobile Dental Facility - means any
				self-contained facility in which dentistry or dental hygiene will be practiced
				which may be moved, towed, or transported from one location to
				another.
2.4. Operator - means a
				licensed dentist or an organization authorized by the Dental Practice Act to
				employ or contract with licensed dentists to whom the permit is issued as
				provided by this rule.
2.5. Permit
				- means an authorization granted by the Board to operate a mobile dental
				facility or use a portable dental unit in the State of West Virginia.
2.6. Portable Dental Unit - means any
				non-facility in which dental equipment, utilized in the practice of dentistry,
				is transported to and utilized on a temporary basis at an out of office
				location, including but not limited to, patients' homes, schools, nursing homes
				or other institutions.
2.7. Session
				- means a period of time during which personnel associated with a permitted
				facility or unit are available to provide dental services at a
				location.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-3 - General Rules for Mobile Dental Facilities and Portable Dental Units

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In order to
				operate a mobile dental facility or portable dental unit, an operator shall
				first obtain a permit issued by the Board.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-4 - Application Requirement and Issuance of Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Before an operator operates a mobile
				dental facility or portable dental unit, the West Virginia Board of Dentistry
				shall issue a permit to an operator to operate a mobile dental facility or
				portable dental unit.
4.2. An
				application for a mobile dental facility or portable dental unit shall be
				submitted to the Board along with the appropriate fee as set forth by the
				Board's fee schedule, 5CSR3.
4.3.
				Before issuing a permit to operate a mobile dental facility or portable dental
				unit, the Board shall determine that an operator meets all qualifications under
				this rule.
4.4. The initial
				application for a mobile dental facility or portable dental unit permit shall
				include:
(a) The full name, an address of
				record that is not a PO Box, and telephone number of each dentist, dental
				hygienist, or operator who will operate a mobile dental facility or use a
				portable dental unit.
(b) Proof of
				insurance from a licensed insurance carrier that the operator has in force at
				least one million dollars/three million dollars of general liability insurance,
				malpractice insurance or bond or the Federal/State non-profit equivalency. An
				operator shall maintain the insurance coverage at all times during which the
				operator holds a permit issued by the Board to operate a mobile dental facility
				or portable dental unit.
(c) The
				physical address, mailing address, and official telephone number of record of
				the operator.
(d) A copy of a
				written agreement for the emergency follow-up care for patients treated in the
				mobile dental facility or portable dental unit and such agreement must include
				identification of and arrangements for treatment in a dental office which is
				permanently established within a reasonable geographic area.
(e) A statement that the mobile dental
				facility or portable dental unit has access to communication facilities which
				will enable dental personnel to contact assistance as needed in the event of an
				emergency.
(f) A statement that all
				applicable federal, state, local laws, regulations and ordinances dealing with
				radiographic equipment, storage and use of flammable materials, acceptable
				sanitation and zoning standards along with the facility construction standards,
				including required or suitable access for disabled individuals have been
				complied with.
(g) A statement that
				the applicant possesses all applicable county and city licenses or permits to
				operate the mobile dental facility or portable dental unit.
(h) A copy of a written policy concerning
				infection control procedures and how instruments are to be sterilized and
				transported, which must comply with the Centers for Disease Control's
				recommendations for infection control practices for dentistry.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-5 - Required Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				mobile dental facility must include:
(a)
				Dental treatment chair;
(b) A
				dental treatment light;
(c) When
				radiographs are to be made by the mobile dental facility a radiographic unit
				that is properly momtored by the proper authorized agency of the State of West
				Virginia;
(d) When radiographs are
				to be made by the mobile dental facility, a lead apron including a thyroid
				collar;
(e) A portable delivery
				system, or an integrated system if used in a mobile dental facility;
(f) An evacuation unit suitable for the
				procedure being performed;
(g) A
				list of appropriate and sufficient dental instruments including explorers and
				mouth mirrors, and infection control supplies, such as gloves, face masks, etc.
				that are on hand;
(h) Ready access
				by a ramp or lift;
(i) Covered,
				non-corrosive container for deposit of waste materials including biohazardous
				materials;
(j) Automated external
				defibrillator if Class 2, 3 or 4 anesthesia is used in the mobile dental
				facility;
(k) Smoke and carbon
				dioxide detectors.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-6 - Operational Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A
				permit holder is required to operate a permitted mobile dental facility or
				portable dental unit in compliance with all state laws and regulations.
				Further, all permit holders shall:
(a) Notify
				the Board in writing with 30 days of a change of address, whether a physical or
				mailing address;
(b) Prominently
				display all dental and dental hygienists licenses and/or current renewal
				certificates, mobile dental facility permit, portable dental unit permit, or
				duplicates thereof;
(c) Maintain,
				in full compliance with all record-keeping requirements contained in these
				rules, all dental records and official records at the official address of
				record for the facility or unit;
(d) Notify the Board in writing of a change
				in personnel listed as required by this rule within 30 days of any such change;
				and
(e) Before utilizing a mobile
				dental facility or portable dental unit to provide treatment to a patient,
				arrange for:
(1) Access to a properly
				functioning sterilization system;
(2) Ready access to an adequate supply of
				potable water; and
(3) Ready access
				to toilet facilities.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-7 - Informed Consent; Post Care Information

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A licensee providing dental care at a
				mobile dental facility or through a portable dental unit shall not perform
				services on a minor or incapacitated person without the signed informed consent
				of a parent or guardian. The informed consent form must be obtained prior to
				any dental service in a mobile dental facility or through a portable dental
				unit. The informed consent form is required for the initial visit for
				diagnostic and preventative services. Consent for subsequent treatment may be
				written or verbal provided that the verbal consent is documented in the patient
				record.
7.2. The informed consent
				form shall include, at a minimum, the following information:
(a) Name of the operator of the mobile dental
				facility or portable dental unit;
(b) Permanent office address of the mobile
				dental facility or portable dental unit that is not a PO Box;
(c) Telephone number and/or other emergency
				contact number where calls will be returned within 24 hours of being
				received;
(d) Services to be
				provided;
(e) Whether the
				prospective minor or incapacitated patient received dental care from a licensed
				dentist during the previous twelve months:
Provided,
That if
				the dental care was received from a mobile dental facility or though a portable
				dental unit, the name, address and telephone number of the mobile dental
				facility or portable dental unit's dental home shall be documented:
Provided further,
the licensee shall contact such dental home
				to notify the dental home of the minor or incapacitated person's interest in
				receiving the dental care at the mobile dental facility or through the portable
				dental unit. If the dental home confirms that an appointment for the minor or
				incapacitated individual is scheduled with the dental home, the licensee shall
				encourage the parent or guardian of the minor or incapacitated individual to
				seek care from the dental home; and
(f) The informed consent form must be signed
				by the parent or legal guardian of the minor or incapacitated individual and
				shall document that the parent or legal guardian understands that the
				prospective patient may choose at any time to receive care from their dental
				home rather than from the mobile dental facility or portable dental
				unit.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-8 - Permit to be Renewed Annually; Annual Report to be filed

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. On or before the first day of September
				of each year, operators holding a permit to operate mobile dental facility
				shall submit a renewal application along with a renewal fee as set forth by the
				Board's fee schedule 5CSR3. The Board, at its discretion, may alter or
				eliminate the required fee based on a demonstration of hardship by the
				applicant.
8.2. On or before the
				first day of September of each year, operators holding a permit to operate a
				portable dental unit shall submit a renewal application along with a renewal
				fee as set forth by the Board's fee schedule 5CSR3. The Board, at its
				discretion, may alter or eliminate the required fee based on a demonstration of
				hardship by the applicant.
8.3. An
				annual report shall be filed with the Board at the time of renewal each year.
				The annual report shall consist of a written report for the preceding year
				ending June 30 that details the location, including a street address, the dates
				of each session, the number of patients served, the types of dental procedures
				performed, and quantity of each service provided.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-9 - Sale of Mobile Dental Facility or Portable Dental Unit

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If a mobile dental facility or portable
				dental unit is sold, the current permit operator shall inform the Board by
				certified mail within ten days after the date of the sale is final.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-10 - Cessation of Operation of a Mobile Dental Facility or Portable Dental Unit

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An operator
				of a mobile dental facility or portable dental unit shall notify the Board at
				least thirty days before cessation of operations. Notification shall include
				without limitation:
(a) The final day of
				operation of the mobile dental facility or portable dental imit; and
(b) A description of the manner and procedure
				by which patients may obtain their records or transfer the records to another
				dentists.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-11 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. An operator,
				dentist or dental hygienist working or performing services at a mobile dental
				facility or through a portable dental unit is subject to this rule.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-14 - Mobile Dental Facilities & Portable Dental Units › Section 5-14-12 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. An operator,
				dentist or dental hygienist who violates this rule is subject to disciplinary
				actions as set forth in Chapter 30, Article 4, of the West Virginia
				Code.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule provides for the Dental Recovery Network.
1.2. Authority. -- W. Va. Code §
									30-4-6.
1.3. Filing Date. - April 12, 2023
1.4. Effective Date. - April 15,
				2023
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect on August 1,
				2033.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant"
				means a person applying to the Board for licensure as a dentist or dental
				hygienist.
2.2. "Committee" means
				the Board of Directors established to function as a supervisory and advisory
				body to the West Virginia Dental Recovery Network.
2.3. "Executive Director" means a person
				selected by the Committee to administer the WVDRN.
2.4. "Facility" means a residential or
				in-patient treatment hospital or institution, or partial hospital programming
				hospital or institution with a housing component, or an intensive outpatient
				programming hospital or institution, all of which have a specific program with
				expertise in treating healthcare professionals.
2.5. "Impairment" means mental illness,
				chemical dependency, physical illness, or any abnormal physical or mental
				condition of a dentist or dental hygienist which threatens a licensee or
				applicant or the safety of persons of whom are patients of the
				licensee.
2.6. "Investigation"
				means an effort to gather facts to form a conclusion as to whether impairment
				exists concerning a licensee or applicant who has been reported to the WVDRN as
				impaired or suspected to be impaired.
2.7. "Licensee" means a licensed dentist, or
				licensed dental hygienist.
2.8.
				"West Virginia Dental Recovery Network (WVDRN)" means the program established
				by agreements between the impaired dentist and/or hygienist peer review
				organizations and the Board of Dentistry.
2.9. "Self-Report" means a licensee or
				applicant who has presented to the WVDRN for treatment of impairment.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-4 - Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any
				action taken pursuant to the WVDRN shall afford the licensee all due process
				rights enumerated in W. Va. Code §§
									29A-1-1 et. seq.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-5 - Receipt and Use of Information of Suspected Impairment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Licensees, family members, and other
				persons may submit reports containing information concerning suspected
				impairment of a licensee or applicant to the WVDRN.
5.2. Upon receipt of information of a
				suspected impairment, the WVDRN shall initiate an investigation.
5.3. The WVDRN may conduct routine inquiries
				regarding suspected impairments.
5.4. The WVDRN may require a licensee or
				applicant suspected of impairment to submit to personal interviews before any
				person authorized by the WVDRN, including but not limited to evaluators or
				treatment centers.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-6 - Intervention and Referral

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. When,
				following an investigation, the impairment of a licensee or applicant is
				confirmed, the Executive Director shall cause an intervention to be conducted
				using specialized techniques designed to assist the licensee or applicant in
				acknowledging responsibility for dealing with the impairment. The Executive
				Director shall then refer the licensee or applicant to an appropriate treatment
				source acceptable to the program.
6.2. The WVDRN shall decide the methods and
				objectives of interventions on a case-by-case basis.
6.3. The WVDRN shall arrange and conduct
				interventions as soon as possible.
6.4. The WVDRN shall evaluate treatment
				sources before making case referrals for treatment.
6.5. The WVDRN shall record intervention
				outcomes including treatment contracts that are elements of an
				intervention.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-7 - Monitoring Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				WVDRN shall monitor a treatment source receiving referrals from it as to the
				treatment source's ability to provide:
7.1.a.
				adequate medical and non-medical staffing, facilities, and experience with
				health professional clients;
7.1.b.
				appropriate treatment;
7.1.c.
				affordable treatment; and
7.1.d.
				appropriate post-treatment support.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-8 - Monitoring Rehabilitation and Performance

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The WVDRN shall designate monitoring
				requirements for each licensee or applicant participating in the WVDRN.
				Licensees or applicants may be required to be tested regularly or randomly on
				demand of the WVDRN.
8.2. The WVDRN
				may require treatment sources to submit reports regarding a licensee's or
				applicant's rehabilitation and performance to the WVDRN.
8.3. The WVDRN may require impaired licensees
				or applicants to submit to periodic personal interviews before any person
				authorized by the WVDRN.
8.4. The
				WVDRN shall maintain appropriate case records regarding each licensee or
				applicant that is a participant.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-9 - Monitoring Post-Treatment Support

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Post-treatment support may include
				family counseling, advocacy and other services and programs considered
				appropriate to the licensee's or applicant's recovery.
9.2. The WVDRN shall monitor the
				post-treatment support of treatment sources on an ongoing basis.
9.3. The WVDRN's own post-treatment support
				shall be monitored by the WVDRN on an ongoing basis.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-10 - Reports of Cases of Impairment to the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A voluntary agreement entered into
				between the WVDRN and a licensee or applicant is not considered a disciplinary
				action or order by the Board, shall not be disclosed to the Board, and shall
				not be public information if:
10.1.a. The
				voluntary agreement is the result of the licensee or applicant by a self-report
				or voluntarily participating in the WVDRN;
10.1.b. The Board has not received nor filed
				any written complaints regarding the licensee or applicant relating to an
				alcohol, chemical dependency or major mental illness affecting the care and
				treatment of patients; and
10.1.c.
				The licensee or applicant is in compliance with the voluntary treatment program
				and the conditions and procedures to monitor compliance.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-11 - Periodic Reporting of Statistical Information

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The WVDRN shall annually report to the
				Board comprehensive statistical reports concerning suspected impairments,
				impairments, self-referrals, post-treatment support and other significant
				demographic and substantive information collected through WVDRN operations. The
				WVDRN shall not disclose any personally identifiable information relating to
				any dentist or dental hygienist participating in a voluntary agreement as
				provided herein.
11.2. The WVDRN
				shall, on a quarterly basis, report on the status of licensees subject to
				monitoring by the WVDRN by Order of the Board.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-12 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. All
				information, interviews, reports, statements, memoranda, or other documents
				furnished to or produced by the WVDRN, all communications to or from the WVDRN,
				and all proceedings, findings, and conclusions of the WVDRN, including those
				relating to intervention, treatment, or rehabilitation, that in any way pertain
				to or refer to a person participating in a dental recovery network are
				privileged and confidential.
12.2.
				All records and proceedings of the WVDRN that pertain or refer to a person
				participating in a dental recovery network shall be privileged and
				confidential, used by the program and its members only in the exercise of the
				proper function of the WVDRN, not be considered public records, and not be
				subject to court subpoena, discovery, or introduction as evidence in any civil,
				criminal, or administrative proceedings, except as provided in subsections
				3.1.b.2. and 10.4. of this rule.
12.3. The WVDRN may only disclose the
				information relative to an impaired licensee or applicant if:
12.3.a. it is essential to disclose the
				information to a person or an organization needing the information in order to
				address the intervention, treatment, or rehabilitation needs of the impaired
				licensee or applicant and release by the licensee or applicant has been
				executed;
12.3.b. the release is
				authorized in writing by the impaired licensee or applicant; or
12.3.c. the WVDRN is required to make a
				report to the board pursuant to subsection 10.4. of this rule; or
12.3.d. disclosure is mandated by court
				order.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-15 - Board of Dentistry Rules for Dental Recovery Networks › Section 5-15-13 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The Board
				shall assess the following fees to be added to each licensure renewal
				application fee payable to the Board with any revenue generated by the
				assessment dedicated to the operation of the dental recovery network:
13.1.a. Dentist - $10 with each annual
				renewal;
13.1.b. Dental Hygienist -
				$5 with each annual renewal.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-16 - Teledentistry › Section 5-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				rule regulates teledentistry and carries out the purposes and enforces the
				provisions of W. Va. Code §§
									30-1-1 et
				seq and 30-4-1 et seq which are applicable to the W. Va. Board of
				Dentistry.
1.2. Authority. - W. Va.
				Code §§ 30-1-26.
1.3.
				Filing Date. - May 3, 2022
1.4.
				Effective Date. -July 1,2022
1.5.
				Sunset Provision. - This rule shall terminate and have no further force or
				effect on August 1, 2027.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-16 - Teledentistry › Section 5-16-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Established
				patient" means a patient who has received professional services, face-to-face,
				from the physician, qualified health care professional, or another physician or
				qualified health care professional of the exact same specialty and subspecialty
				who belongs to the same group practice, within the past three years.
2.2. "Interstate telehealth registration or
				registration" means an authorization to practice as a dentist or dental
				hygienist for the limited purpose of providing interstate telehealth service
				within the registrant's scope of practice.
2.3. "Interstate telehealth services" means
				the provision of telehealth services to a patient located in West Virginia by a
				registered dental professional located in any other state or commonwealth of
				the United States.
2.4.
				"Practitioner" means a registered or licensed dentist or dental hygienist for
				purposes of this rule.
2.5.
				"Registration" means an authorization to practice dentistry or dental hygiene
				pursuant to §
									30-4-1
et seq.
of the West Virginia Code, which authorization is
				limited to providing interstate telehealth services within the registrant's
				scope of practice.
2.6.
				"Registrant" means an individual who has been issued a registration from the
				Board.
2.7. "Store-and-forward
				technologies" means the asynchronous computer-based communication of medical
				data or images from an originating location to a dentist at another site for
				the purpose of diagnostic or therapeutic assistance
2.8. "Teledentistry" or "Teledentistry
				services" means the use of synchronous or asynchronous telecommunications
				technology or audio only telephone calls by a dentist or dental hygienist to
				provide health care services, within their scope of practice, including, but
				not limited to, assessment, diagnosis, consultation, treatment, and monitoring
				of a patient; transfer of medical data; patient and professional health-related
				education; public health services; and health administration. The term does not
				include internet questionnaires, e-mail messages, or facsimile
				transmissions.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-16 - Teledentistry › Section 5-16-3 - Application for Registration and Annual Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A dentist or dental hygienist desiring
				to provide teledentistry services in this state via interstate telehealth
				services, shall make application for a registration on a form prescribed by the
				Board located at
www.wvdentalboard.org
. A dentist or dental
				hygienist not licensed in West Virginia may only provide telehealth services
				pursuant to this rule if they are eligible for an interstate telehealth
				registration
3.2. A dentist or
				dental hygienist is eligible for an interstate telehealth registration issued
				by the Board if all of the following requirements are continuously met:
3.2.1. The dentist or dental hygienist holds
				a valid, active license to practice dentistry or dental hygiene issued by
				another state licensing authority or board;
3.2.2. The dentist or dental hygienist is
				licensed in good standing in all states in which the dentist or dental
				hygienist is licensed.
3.2.3. The
				dentist or dental hygienist is not the subject of an administrative complaint
				which is currently pending before another state licensing authority or board;
				and
3.2.4. The dentist or dental
				hygienist is not currently under investigation by another state licensing
				authority or board.