# COMAR Title 10 — Maryland Department of Health

## Subtitle 44 — Board of Dental Examiners

### Chapter 12 — Anesthesia and Sedation

#### Regulation .28 Facility Owner or Operator.

*COMAR 10.44.12.28*

A. The owner or operator of a facility may not permit an individual to administer anesthesia or sedation unless the individual is qualified to do so under this chapter.

B. The owner or operator of a facility shall ensure that the facility:

  (1) Remains properly equipped in accordance with Regulation .11A of this chapter; and

  (2) Remains properly staffed in accordance with Regulation .14 of this chapter.

C. In addition to the requirements contained in §B of this regulation, the owner or operator of a facility shall ensure that the facility has:

  (1) Appropriate nonexpired emergency drugs; and

  (2) Appropriate nonexpired drugs.

D. After an opportunity for a hearing, the Board may take disciplinary action against a dentist under Health Occupations Article, §4-315(a) or (b), Annotated Code of Maryland, if the Board finds that:

  (1) The dentist violates any provisions of this chapter; or

  (2) The facility is inadequate under the provisions of this chapter.

E. Failure to comply with this chapter constitutes unprofessional conduct and may constitute other violations of law.