                                 CODE OF VIRGINIA

CERTAIN CERTIFICATION REQUIRED (§ 54.1-2709.1)

A. The Board of Dentistry shall promulgate regulations establishing criteria for
certification of board certified or board eligible oral or maxillofacial
surgeons to perform certain procedures within the definition of dentistry that
are unrelated to the oral cavity or contiguous structures, provided such
services (i) are not for the prevention and treatment of disorders, diseases,
lesions and malpositions of the human teeth, alveolar process, maxilla,
mandible, or adjacent tissues, or any necessary related procedures, and are
services the training for which is included in the curricula of dental schools
or advanced postgraduate education programs accredited by the Commission of
Dental Accreditation of the American Dental Association or continuing
educational programs recognized by the Board of Dentistry, or (ii) are not
provided incident to a head or facial trauma sustained by the patient. The
regulations shall include, but need not be limited to, provisions for: (1)
promotion of patient safety; (2) identification and categorization of procedures
for the purpose of issuing certificates; (3) establishment of an application
process for certification to perform such procedures; (4) establishment of
minimum education, training, and experience requirements for certification to
perform such procedures, including consideration of whether a licensee has been
granted practice privileges to perform such procedures from an accredited
hospital located in the Commonwealth and consideration of the presentation of a
letter attesting to the training of the applicant to perform such procedures
from the chairman of an accredited postgraduate residency program; (5)
development of protocols for proctoring and criteria for requiring such
proctoring; and (6) implementation of a quality assurance review process for
such procedures performed by certificate holders.

B. In promulgating the minimum education, training, and experience requirements
for oral and maxillofacial surgeons to perform such procedures and the
regulations related thereto, the Board of Dentistry shall consult with an
advisory committee comprised of three members selected by the Medical Society of
Virginia and three members selected by the Virginia Society of Oral and
Maxillofacial Surgeons. All members of the advisory committee shall be licensed
by the Board of Dentistry or the Board of Medicine and shall engage in active
clinical practice. The committee shall have a duty to act collaboratively and in
good faith to recommend the education, training, and experience necessary to
promote patient safety in the performance of such procedures. The advisory
committee shall prepare a written report of its recommendations and shall submit
this report to the Board of Dentistry and shall also submit its recommendations
to the Board of Medicine for such comments as may be deemed appropriate, prior
to the promulgation of draft regulations. The advisory committee may meet
periodically to advise the Board of Dentistry on the regulation of such
procedures.

C. In promulgating the regulations required by this section, the Board shall
take due consideration of the education, training, and experience requirements
adopted by the American Dental Association Council on Dental Education or the
Commission on Dental Accreditation. Further, the Board&#8217;s regulations shall
require that complaints arising out of performance of such procedures be
enforced solely by the Board of Dentistry and reviewed jointly by a physician
licensed by the Board of Medicine who actively practices in a related specialty
and by an oral and maxillofacial surgeon licensed by the Board of Dentistry.
However, upon receipt of reports of such complaints the Board of Dentistry shall
promptly notify the Board of Medicine which shall maintain the confidentiality
of such complaint consistent with &#xA7; 54.1-2400.2.

HISTORY: 2001, c. 662.