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- 83rd Session (2025)
Assembly Bill No. 221–Assemblymember Edgeworth
CHAPTER..........
AN ACT relating to health care; exempting certain offices of
physicians or other health care facilities that administer
anesthesia or sedation to dental patients from certain
requirements to obtain a permit to provide anesthesia or
sedation; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law requires an office of a physician and certain other facilities
providing health care to obtain a permit from the Division of Public and Behavioral
Health of the Department of Health and Human Services be fore offering general
anesthesia, conscious sedation or deep sedation. (NRS 449.442) Existing law also
requires a dentist to obtain a permit from the Board of Dental Examiners before
offering general anesthesia, minimal sedation, moderate sedation or deep sedation.
(NRS 631.265) Existing law defines “minimal sedation” and “moderate sedation”
to encompass the types of sedation which constitute conscious sedation. (NRS
449.436, 631.078, 631.079) Consequently, existing law requires a person who
holds both a li cense as a physician and a license as a dentist to obtain two permits
to offer general anesthesia, conscious sedation or deep sedation. (NRS 449.441,
631.265)
This bill exempts an office of a physician or a facility that provides health care,
other than a medical facility, from the requirement to obtain a permit from the
Division if the office only administers general anesthesia, deep sedation or
conscious sedation to dental patients and the administration is performed by a
physician who: (1) is also licen sed to practice dentistry; (2) holds a permit issued
by the Board to administer general anesthesia, minimal sedation, moderate sedation
or deep sedation to dental patients; and (3) administers general anesthesia or
sedation of any type only within the scop e of that permit. This bill thereby
eliminates the requirement that a person who is licensed as both a physician and a
dentist obtain two permits to offer general anesthesia, conscious sedation or deep
sedation.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.441 is hereby amended to read as follows:
449.441 The provisions of NRS 449.435 to 449.448, inclusive,
do not apply to an office of a physician or a facility that provides
health care, other than a medical facility, if the office of a physician
or the facility only administers [a] :
1. A medication to a patient to relieve the patient’s anxiet y or
pain and if the medication is not given in a dosage that is sufficient
to induce in a patient a controlled state of depressed consciousness
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- 83rd Session (2025)
or unconsciousness similar to general anesthesia, deep sedation or
conscious sedation.
2. General anesthesia, conscious sedation or deep sedation to
dental patients and the administration is performed by a physician
who:
(a) Is also licensed to practice dentistry pursuant to chapter
631 of NRS;
(b) Holds a permit issued pursuant to NRS 631.265 to
administer gen eral anesthesia, minimal sedation, moderate
sedation or deep sedation to dental patients; and
(c) Administers general anesthesia or sedation of any type only
within the scope of the permit described in paragraph (b).
Sec. 2. NRS 630.373 is hereby amended to read as follows:
630.373 1. A physician shall not administer or supervise
directly the administration of general anesthesia, conscious sedation
or deep sedation to patients unless the general anesthesia, conscious
sedation or deep sedation is administered:
(a) In an office of a physician or osteopathic physician which
[holds] :
(1) Holds a permit pursuant to NRS 449.435 to 449.448 ,
inclusive; or
(2) Is exempt from the provisions of NRS 449.435 to
449.448, inclusive, pursuant to NRS 449.441;
(b) In a facility which [holds] :
(1) Holds a permit pursuant to NRS 449.435 to 449.448 ,
inclusive; or
(2) Is exempt from the provisions of NRS 449.435 to
449.448, inclusive, pursuant to NRS 449.441;
(c) In a medical facility as that term is defined in NRS
449.0151; or
(d) Outside of this State.
2. As used in this section:
(a) “Conscious sedation” has the meaning ascribed to it in
NRS 449.436.
(b) “Deep sedation” has the meaning ascribed to it in
NRS 449.437.
(c) “General anesthesia” h as the meaning ascribed to it in
NRS 449.438.
Sec. 3. NRS 633.694 is hereby amended to read as follows:
633.694 1. An osteopathic physician shall not administer or
supervise directly the administration of general anesthesia,
conscious sedation or deep sedation to patients unless the general
anesthesia, conscious sedation or deep sedation is administered:
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- 83rd Session (2025)
(a) In an office of a physician or osteopathic physician which
[holds] :
(1) Holds a permit pursuant to NRS 449.435 to 449.448,
inclusive; or
(2) Is exempt from the provisions of NRS 449.435 to
449.448, inclusive, pursuant to NRS 449.441;
(b) In a facility which [holds] :
(1) Holds a permit pursuant to NRS 449.435 to 449.448,
inclusive; or
(2) Is exempt from the provisions of NRS 449.435 to
449.448, inclusive, pursuant to NRS 449.441;
(c) In a medical facility as that term is defined in NRS
449.0151; or
(d) Outside of this State.
2. As used in this section:
(a) “Conscious sedation” has the meaning ascribed to it in
NRS 449.436.
(b) “Deep sedation” has the meaning ascribed to it in
NRS 449.437.
(c) “General anesthesia” has the meaning ascribed to it in
NRS 449.438.
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