Title of Regulation: 18VAC60-21. Regulations Governing the Practice of Dentistry (amending 18VAC60-21-106).

Statutory Authority: §§ 54.1-2400 and 54.1-2708 of the Code of Virginia.

Effective Dates: July 21, 2017, through October 23, 2018.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4437, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.

Preamble:

Section 2.2-4011 of the Code of Virginia authorizes an agency to adopt emergency regulations necessitated by an emergency situation upon consultation with the Attorney General, and the necessity for the action is at the sole discretion of the Governor. Emergency regulations for dentists prescribing medications containing opioids were published in 33:19 VA.R. 2112-2113 May 15, 2017 and became effective on April 24, 2017.

The Board of Dentistry has adopted an amendment to the emergency regulations that became effective on April 24, 2017, for prescribing of opioids. The requirement in 18VAC60-21-106 is amended to allow dentists to begin immediately fulfilling the continuing education requirement of two hours on pain management, rather than waiting until the next renewal cycle beginning March 31, 2018.

The purpose of the regulatory action is to encourage dentists to seek continuing education in prescribing opioids as soon as possible so that they understand the crisis in the Commonwealth, their role in addressing the issue, and the requirements of the emergency regulations on prescribing. As rewritten, the emergency regulation will allow dentists almost two years to obtain two hours of continuing education, beginning with the effective date of the emergency regulation on April 24, 2017.

18VAC60-21-106. Continuing education required for prescribers.

[ A dentist who prescribes Schedules II through IV controlled substances during one license renewal cycle shall obtain two hours of continuing education on pain management during the next renewal cycle following April 24, 2017. Continuing education hours required for prescribing of controlled substances may be included in the 15 hours required for renewal of licensure. Any dentist who prescribes Schedules II through IV controlled substances after April 24, 2017, shall obtain two hours of continuing education on pain management, which must be taken by March 31, 2019. Thereafter, any dentist who prescribes Schedules II through IV controlled substances shall obtain two hours of continuing education on pain management every two years. Continuing education hours required for prescribing of controlled substances may be included in the 15 hours required for renewal of licensure. ]