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- 2025
69th Legislature 2025 HB 584
- 1 - Authorized Print Version – HB 584
ENROLLED BILL
AN ACT GENERALLY REVISING LAWS RELATED TO DENTAL ANESTHESIA INSPECTIONS;
AUTHORIZING THE BOARD OF DENTISTRY TO ESTABLISH STANDARDS FOR PERMITS AND
INSPECTIONS RELATED TO THE ADMINISTRATION OF ANESTHESIA BY A DENTIST; PROVIDING
DEFINITIONS; PROVIDING RULEMAKING AUTHORITY; ALLOWING FOR THE ESTABLISHMENT OF
FEES; ALLOWING A TEMPORARY PERMIT; AND AMENDING SECTION 37-4-101, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Permit required to administer anesthesia -- board to set minimum qualifications --
inspection -- fees -- temporary permit. (1) A dentist may administer deep sedation, general anesthesia, or
moderate sedation on application of a permit and inspection by the board.
(2) (a) The board may adopt rules prescribing reasonable standards for the administration and
monitoring of anesthesia and sedation, including minimum education, continuing education, and experience
qualifications for deep sedation, general anesthesia, moderate sedation, and minimal sedation.
(b) The board may adopt rules prescribing standards for a licensee holding an anesthesia permit.
The rules must include a minimum of equipment, supplies, and drugs necessary for administering deep
sedation, general anesthesia, or moderate sedation and may include a minimum of equipment and supplies
when nitrous oxide or oxygen is administered alone or in conjunction with a single oral sedative agent.
(3) (a) An initial inspection must be performed for each deep sedation, general anesthesia, or
moderate sedation permit, with a reinspection at intervals not to exceed 5 years.
(b) The initial inspection must be performed by an inspector appointed by the board. The applicant
must be notified at least 30 days prior to the inspection, and the name of the inspector must be provided.
(4) The board may charge fees, including an application fee, permit renewal fee, initial inspection
fee, and reinspection fee, to be set at the discretion of the board. Fees must be commensurate with costs.
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(5) The board may grant a temporary permit, on receipt of application and payment of the initial
inspection fee, authorizing a licensed dentist to administer deep sedation, general anesthesia, or moderate
sedation for a period not to exceed 120 days or until an inspection is complete. The temporary permit may be
extended on approval by the board.
Section 2. Section 37-4-101, MCA, is amended to read:
"37-4-101. Definitions -- practice of dentistry. (1) Unless the context requires otherwise, in this
chapter, the following definitions apply:
(a) "Board" means the board of dentistry provided for in 2-15-1732.
(b) "Deep sedation" means a drug-induced depression of consciousness during which patients
cannot be easily aroused but respond purposefully following repeated or painful stimulation. The ability to
independently maintain ventilatory function may be impaired. Patients may require assistance in maintaining a
patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained.
(c) "Department" means the department of labor and industry provided for in Title 2, chapter 15,
part 17.
(d) "General anesthesia" means a drug-induced loss of consciousness during which patients are
not arousable, even by painful stimulation. The ability to independently maintain ventilatory function is often
impaired. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation
may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular
function. Cardiovascular function may be impaired.
(e) "Minimal sedation" means a minimally depressed level of consciousness, produced by a
pharmacological method, that retains the patient's ability to independently and continuously maintain an airway
and respond normally to tactile stimulation and verbal command. Although cognitive function and coordination
may be modestly impaired, ventilatory and cardiovascular functions are unaffected.
(f) "Moderate sedation" means a drug-induced depression of consciousness during which patients
respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No
interventions are required to maintain a patent airway, and spontaneous ventilation is adequate. Cardiovascular
function is usually maintained. The drugs and techniques used for moderate sedation should render the
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unintended loss of consciousness unlikely. Repeated dosing of an agent before the effects of previous dosing is
obtained may result in a greater alteration of the state of consciousness than intended. A patient whose only
response is reflex withdrawal from a painful stimulus is not in a state of moderate sedation.
(2) Except for the provisions of 37-4-104, a person is practicing dentistry under this chapter if the
person:
(a) performs, attempts, advertises to perform, causes to be performed by the patient or any other
person, or instructs in the performance of dental operations, oral surgery, or dental service of any kind
gratuitously or for a salary, fee, money, or other remuneration paid or to be paid, directly or indirectly, to the
person, any other person, or any agency;
(b) is a manager, proprietor, operator, or conductor of a place where dental operations, oral
surgery, or dental services are performed, unless the person is the personal representative of the estate of a
deceased dentist or the personal representative of a disabled dentist, as provided in 37-4-104;
(c) directly or indirectly, by any means or method, furnishes, supplies, constructs, reproduces, or
repairs a prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth;
(d) places the appliance or structure in the human mouth or attempts to adjust it;
(e) advertises to the public, by any method, to furnish, supply, construct, reproduce, or repair a
prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth;
(f) diagnoses, professes to diagnose, prescribes for, professes to prescribe for, treats, or
professes to treat disease, pain, deformity, deficiency, injury, or physical condition of human teeth, jaws, or
adjacent structures;
(g) extracts or attempts to extract human teeth or corrects, attempts, or professes to correct
malpositions of teeth or of the jaw;
(h) gives or professes to give interpretations or readings of dental roentgenograms;
(i) administers an anesthetic of any nature, subject to the limitations provided in 37-4-511, in
connection with a dental operation;
(j) uses the words "dentist", "dental surgeon", or "oral surgeon", the letters "D.D.S." or "D.M.D.", or
any other words, letters, title, or descriptive matter that in any way represents the person as being able to
diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of
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human teeth, jaws, or adjacent structures;
(k) states, advertises, or permits to be stated or advertised, by sign, card, circular, handbill,
newspaper, radio, or otherwise, that the person can perform or will attempt to perform dental operations or
render a diagnosis in connection with dental operations; or
(l) engages in any of the practices included in the curricula of recognized dental colleges."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
37, chapter 4, part 3, and the provisions of Title 37, chapter 4, part 3, apply to [section 1].
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I hereby certify that the within bill,
HB 584, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 584
INTRODUCED BY E. BUTTREY
AN ACT GENERALLY REVISING LAWS RELATED TO DENTAL ANESTHESIA INSPECTIONS; AUTHORIZING
THE BOARD OF DENTISTRY TO ESTABLISH STANDARDS FOR PERMITS AND INSPECTIONS RELATED
TO THE ADMINISTRATION OF ANESTHESIA BY A DENTIST; PROVIDING DEFINITIONS; PROVIDING
RULEMAKING AUTHORITY; ALLOWING FOR THE ESTABLISHMENT OF FEES; ALLOWING A TEMPORARY
PERMIT; AND AMENDING SECTION 37-4-101, MCA.