(a) A dentist licensed under Chapter 101 of this title shall obtain an anesthesia permit for the following anesthesia procedures used for the purpose of performing dentistry:      
        (1) Nitrous Oxide/Oxygen inhalation sedation;       
        (2) Level 1: Minimal sedation;       
        (3) Level 2: Moderate sedation limited to enteral routes of administration;       
        (4) Level 3: Moderate sedation which includes parenteral routes of administration; or       
        (5) Level 4: Deep sedation or general anesthesia.       
      (b) A dentist licensed to practice in Texas who desires to administer nitrous oxide/oxygen inhalation sedation or Level 1, Level 2, Level 3 or Level 4 sedation must obtain a permit from the State Board of Dental Examiners (Board). A permit is not required to administer Schedule II drugs prescribed for the purpose of pain control or post-operative care.      
        (1) A permit may be obtained by completing an application form approved by the Board.       
        (2) The application form must be filled out completely and appropriate fees paid.       
        (3) Prior to issuance of a sedation/anesthesia permit, the Board may require that the applicant undergo a facility inspection or further review of credentials. The Board may direct an Anesthesia Consultant, who has been appointed by the Board, to assist in this inspection or review. The applicant will be notified in writing if an inspection is required and provided with the name of an Anesthesia Consultant who will coordinate the inspection. The applicant must make arrangements for completion of the inspection within 180 days of the date the notice is mailed. An extension of no more than ninety (90) days may be granted if the designated Anesthesia Consultant requests one.       
        (4) An applicant for a sedation/anesthesia permit must be licensed by and should be in good standing with the Board. For purposes of this chapter "good standing" means that the dentist's license is not suspended, whether or not the suspension is probated. Applications from licensees who are not in good standing may not be approved.       
        (5) An applicant for a sedation/anesthesia permit must have passed the Chapter 110 (relating to Sedation and Anesthesia) component of the jurisprudence examination, within one year immediately prior to application.       
     Source Note:        The provisions of this §110.2 adopted to be effective May 10, 2011, 36 TexReg 2833; amended to be effective October 1, 2020, 45 TexReg 6767