Sec. 1. 32 MRSA §1089-A is enacted to read:

§1089-A.__Anesthesia use by dentists

1. Definitions.__As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

A.__"Conscious sedation" means a depressed level of consciousness, in which the patient retains the ability to independently and continuously maintain an airway and respond appropriately to physical stimulation or verbal command, produced by a pharmacologic or nonpharmacologic method or combination of the 2.

B.__"Deep sedation" means a controlled state of depressed consciousness, accompanied by a partial loss of protective reflexes, including the ability to continually maintain an airway independently or respond purposefully to verbal command, produced by a pharmacologic or nonpharmacologic method or combination of the 2.

C.__"General anesthesia" means a controlled state of unconsciousness, accompanied by a partial or complete loss of protective reflexes, including the ability to independently maintain an airway and respond purposefully to physical stimulation or verbal command, produced by a pharmacologic or nonpharmacologic method or combination of the 2.

2.__Use of general anesthesia; permit of authorization.__A dentist may not induce general anesthesia on an outpatient basis for dental patients unless the dentist possesses a permit of authorization issued by the board.__A dentist holding a permit of authorization is subject to review and that permit must be renewed every 5 years, except as provided in subsections 7 and 8.

In order to receive a permit of authorization, the dentist must apply on a prescribed application form to the board, submit an application fee of $125 and produce evidence showing that the dentist has a properly equipped facility for inducing general anesthesia staffed with a supervised team of auxiliary personnel capable of reasonably handling procedures, problems and emergencies and:

A.__Has completed a minimum of one year of advanced training in anesthesiology and related academic subjects, or its equivalent, beyond the undergraduate dental school level;