DISAPPROVE DENTAL EXAMINERS RULE.

View NCGA Bill Details2015-2016 Session
House Bill 1145 (Public) Filed Wednesday, June 1, 2016
AN ACT TO DISAPPROVE THE GENERAL ANESTHESIA AND SEDATION DEFINITIONS RULE AND CERTAIN RELATED RULES ADOPTED BY THE NORTH CAROLINA BOARD OF DENTAL EXAMINERS AND TO DIRECT THE NORTH CAROLINA BOARD OF DENTAL EXAMINERS NOT TO ENFORCE CERTAIN RULES.
Intro. by Jones.

Status: Ch. SL 2016-31 (House Action) (Jun 22 2016)

SOG comments (1):

Long Title Change

House committee substitute to the 1st edition made changes to the long title. The original title was as follows:

AN ACT TO DISAPPROVE THE GENERAL ANESTHESIA AND SEDATION DEFINITIONS RULE ADOPTED BY THE NORTH CAROLINA BOARD OF DENTAL EXAMINERS.

Bill History:

H 1145/S.L. 2016-31

Bill Summaries:

  • Summary date: Jun 8 2016 - More information

    House committee substitute makes the following changes to the 1st edition.

    Deletes the provisions of Section 2 of the previous edition, which disapproved 23 specified rules, and now provides the following.

    Current GS 150B-21.3(b2) provides that if the Rules Review Commission (Commission) receives written objections as specified in subsection (b2), making the rule subject to legislative disapproval, the rule will become effective as provided in subsection (b1) of the statute, which sets out delayed effective dates of rules. Current subsection (b2) also establishes that, if the Commission receives objections as specified that clearly request review of the legislature, and the rule objected to is one of a group of related rules adopted at the same time, the adopting agency may cause the other rules in the group to become effective as provided in subsection (b1) of the statute by submitting a written statement to the Commission before the other rules become effective.

    Provides that, pursuant to GS 150B-21.3(b2), the North Carolina Board of Dental Examiners (Board) caused the effective dates of a number of rules that were adopted to be delayed as provided in GS 150B-21.3(b1) by submitting a written statement to the Rules Review Commission on March 31, 2016. Establishes that, except as provided in new Section 3 of the act, the rules listed in the Board's written statement are disapproved to the same extent as 21 NCAC 16Q .0101 in Section 1 of the act.

    Provides that, notwithstanding GS 150B-21.3(b2) and the written statement of the Board dated March 31, 2016, the following seven rules are effective April 1, 2016: (1) 21 NCAC 16Q .0204 (Procedure for General Anesthesia Evaluation or Inspection and Re-Inspection); (2) 21 NCAC 16Q .0205 (Results of Site Evaluation and Reevaluation); (3) 21 NCAC 16Q .0306 (Procedure for Moderate Conscious Sedation Evaluation or Inspection and Re-inspection); (4) 21 NCAC 16Q .0408 (Procedure for Moderate Pediatric Conscious Sedation Evaluation or Inspection and Re-inspection); (5) 21 NCAC 16Q .0703 (Reports of Adverse Occurrences); (6) 21 NCAC 16Q .0601 (Reports of Adverse Occurrences); and (7) 21 NCAC 16Q .0602 (Failure to Report).

    Directs the Board to not enforce the following rules which became effective April 1, 2016: (1) 21 NCAC 16O .0301 (Nitrous Oxide Sedation); (2) 21 NCAC 16O .0302 (Nitrous Oxide Monitoring); and (3) 21 NCAC 16O .0401 (Non-Delegable Functions). Directs that the Board is to continue to enforce the rules as they existed prior to the amendments that became effective on April 1, 2016.


  • Summary date: Jun 1 2016 - More information

    Provides that, pursuant to GS 150B-21.3(b1) concerning delayed effective dates of rules, rule 21 NCAC 16Q .0101 (General Anethesia and Sedation Definitions) as adopted by the NC Board of Dental Examiners on December 12, 2015, and approved by the Rules Review Commission on March 17, 2016, is disapproved.

    Specifies 23 additional rules concerning general anesthesia and sedation definitions that were adopted by the NC Board of Dental Examiners on December 12, 2015, and approved by the Rules Review Commission on March 17, 2016, providing that notwithstanding  GS 150B-21.3(b1), these rules are disapproved. 


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