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JLCAR adopts dental rules, conditionally approves optometry formulary and clears several procedural items
Summary
The Joint Legislative Committee on Administrative Rules approved dental board rules on pediatric anesthesia and conditionally approved an optometry formulary item while postponing two licensing-board items and adopting the consent calendar.
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The Joint Legislative Committee on Administrative Rules on May 16 approved a set of dental board rule changes addressing pediatric anesthesia and sedation permits, conditionally approved an optometry board item regarding a drug formulary (file number 24233), postponed two licensing-board items and adopted the consent calendar.
On the Board of Examiners (dental) rules (referred to in the packet as dental 304), attorneys and subject-matter experts told the committee that prior objections had been addressed. Dr. Mark Abel, a subject-matter expert and board participant, summarized changes to pediatric anesthesia permitting: oral and maxillofacial surgeons and dentist anesthesiologists may qualify for exemptions under the statute (RSA 317-a, section 12) and the board revised its proposed patient-volume requirement for qualification from a national-model recommendation of 50 pediatric cases every two years to 20 cases every two years for the state’s context. The rules also establish a pediatric minimal sedation permit for children 13 and older and a pediatric moderate-sedation permit that preserves longstanding practice for pediatric dentists.
‘‘My understanding was that the JLCAR had three main concerns with the rules that we presented back in December,’’ Dr. Mark Abel said, and then described how the board revised permitting pathways in response. Committee staff said they had no further substantive concerns and recommended approval. A motion to approve the dental rules passed.
The committee also considered a conditional approval request from the Board of Registry and Optometry centered on the board’s posted drug formulary. Staff noted the statute requires the board to post the formulary on its website but does not explicitly say whether the formulary is subject to rulemaking. The committee recorded conditional approval for file number 24233 after a motion and second.
Procedural items: the committee approved the consent calendar and granted a waiver to postpone the Board of Licensed Dietitians’ item until next month; the Board of Accountancy also asked to postpone its item and the committee approved that postponement. Those procedural motions were moved, seconded and carried by voice vote.
Other details from the session: committee staff and members referenced House Bill 470, which had been sponsored by oral surgeons and was moving through the Legislature; committee members said they had reviewed HB 470 and did not believe it required additional rulemaking beyond the board’s current changes. The committee adjourned after completing the day’s agenda.
Votes at a glance: consent calendar adopted; Board of Licensed Dietitians item postponed (waiver granted); Board of Registry and Optometry conditional approval, file no. 24233 (conditional approval recorded); Board of Accountancy item postponed; Board of Examiners (dental) rules approved.

