GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

SESSION LAW 2016-31

HOUSE BILL 1145

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.

The General Assembly of North Carolina enacts:

SECTION 1.  Pursuant to G.S. 150B‑21.3(b1), 21 NCAC 16Q .0101 (General Anesthesia and Sedation Definitions), as adopted by the North Carolina Board of Dental Examiners on December 12, 2015, and approved by the Rules Review Commission on March 17, 2016, is disapproved.

SECTION 2.  Pursuant to G.S. 150B‑21.3(b2), the North Carolina Board of Dental Examiners caused the effective dates of a number of rules that were adopted as part of a group, including the rule disapproved by Section 1 of this act, to be delayed as provided in G.S. 150B‑21.3(b1), by submitting a written statement to the Rules Review Commission on March 31, 2016. Except as provided in Section 3 of this act, the rules listed in the Board's written statement are disapproved to the same extent as 21 NCAC 16Q .0101.

SECTION 3.  Notwithstanding G.S. 150B‑21.3(b2) and the written statement of the North Carolina Board of Dental Examiners dated March 31, 2016, the following rules are effective April 1, 2016:

21 NCAC 16Q .0204 (Procedure for General Anesthesia Evaluation or Inspection and Re‑inspection)

21 NCAC 16Q .0205 (Results of Site Evaluation and Reevaluation)

21 NCAC 16Q .0306 (Procedure for Moderate Conscious Sedation Evaluation or Inspection and Re‑Inspection)

21 NCAC 16Q .0408 (Procedure for Moderate Pediatric Conscious Sedation Evaluation or Inspection and Re‑Inspection)

21 NCAC 16Q .0703 (Reports of Adverse Occurrences)

21 NCAC 16Q .0601 (Reports of Adverse Occurrences)

21 NCAC 16Q .0602 (Failure to Report)

SECTION 4.  Notwithstanding G.S. 150B‑21.3(b), the North Carolina Board of Dental Examiners shall not enforce the following rules which became effective April 1, 2016:

21 NCAC 16O .0301 (Nitrous Oxide Sedation)

21 NCAC 16O .0302 (Nitrous Oxide Monitoring)

21 NCAC 16O .0401 (Non‑Delegable Functions)

The Board shall continue to enforce these rules as they existed prior to the amendments which became effective on April 1, 2016.

SECTION 5.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 16^th day of June, 2016.

                                                                    s/  Daniel J. Forest

                                                                         President of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Pat McCrory

                                                                         Governor

Approved 4:03 p.m. this 22^nd day of June, 2016