Attorney General Opinion No. 1993-151

Résumé du livre

K.A.R. 71-1-16 defines statutory language dealing with local and general anaesthesia as not including the administration of the analgesic nitrous oxide/ oxygen. Though not defined in the dental act, the terms local and general anaesthesia were defined by the legislature in the nurse anaesthetist act, a similar subject. K.A.R. 71-1-16 is consistent with those definitions and thus not contrary to legislative intent. The second regulation, K.A.R. 71-1-17, authorizes a dentist to use his discretion to delegate to an assistant so long as the assistant has completed training in the area of administration of nitrous oxide/ oxygen. The third regulation, K.A.R. 71-3-3, authorizes dental hygienists, licensed by the board, to administer local anaesthesia and nitrous oxide/ oxygen as the terms are interpreted by the board and after the completion of board-approved training in the area. These regulations are in our judgment within the technical expertise of the board and its broad statutory authority. We note that the subject of the regulations was not passed as law during the 1992 legislative session when proposed. However, the legislature's non-action creates no legal presumption regarding legislative intent because one is not able to ascertain the reasons for the legislation's failure to become law. Cited herein: K.S.A. 65-1151; 65-1422; 65-1423; 65-1444; 65-1456; 74-1406.